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Friday 23 April 2021
List Broker Pleads Guilty to Facilitating Elder Fraud SchemesRead the Press Release
A New York man pleaded guilty today to supplying lists of consumers’ names and addresses for use in schemes that targeted vulnerable victims.
According to court documents, Norman Newman, 74, of Croton-on-Hudson, New York, was part of a conspiracy to supply lists of potential victims to those conducting fraudulent mass-mailing schemes. From 2005 to 2016, Newman worked as a list broker and senior vice president at Macromark Inc., a Connecticut direct mail services firm. Macromark pleaded guilty to facilitating elder fraud schemes in September 2020. The conspiracy resulted in at least $9.5 million in losses to consumers.
In pleading guilty, Newman admitted to assisting clients in obtaining victim lists for deceptive mailing campaigns. These fraudulent mass mailer clients sent out deceptive letters that appeared to be personalized, when, in actuality, the same letters were sent to thousands of consumers on the mailing lists that Newman provided. Each letter was intended to mislead the consumer into believing that he or she would receive a large amount of money, a valuable prize, or personalized psychic services upon payment of a fee to the mass mailers, who often operated under false names. Fraudsters paid commissions to Newman’s employer, Macromark, for brokering the sale of lists of potential victims. Newman then received a percentage of the commissions. Newman knew the content and fraudulent character of the mass-mailings, that they were intended to defraud thousands of consumers, and that some of the consumers were vulnerable to the scams.
While brokering lists, Newman also assisted fraudulent mass mailing clients by engaging the services of data brokerage companies that operated cooperative databases, or “co-ops,” which stored large volumes of demographic and transactional data on American consumers. During the conspiracy, Newman and others routinely provided samples of clearly fraudulent letters to employees of data brokerage companies, who then provided data to fraudulent mass mailer clients.
“Providing victim lists and other data to help fraudsters target elderly or otherwise vulnerable consumers is a crime,” said Acting Assistant Attorney General Brian Boynton of the Justice Department’s Civil Division. “The Department of Justice can and will hold responsible individuals and companies who knowingly commit or facilitate these schemes.”
“While working for a large data firm, the defendant purposefully supplied the names and addresses of vulnerable Americans to known fraudulent clients targeting consumers via mass-mailings. He knew each name he provided would result in another fraudulent mailing being delivered to the consumers’ mailbox,” said Inspector in Charge Delany De León-Colón of the U.S. Postal Inspection Service’s Criminal Investigations Group. “The U.S. Postal Inspection Service holds individuals responsible for their criminal actions when using the U.S. Mail. Today’s plea agreement demonstrates the U.S. Postal Inspection Service’s steadfastness in protecting consumers, especially the most vulnerable, from criminals who exploit them.”
Newman pleaded guilty to conspiracy to commit mail and wire fraud. He is scheduled to be sentenced on July 14 and faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Postal Inspection Service investigated the case.
Trial Attorneys Alistair Reader and Ehren Reynolds of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Heather Cherry of the U.S. Attorney’s Office for the District of Connecticut are prosecuting the case.
If you believe you are a victim in this case and would like to opt-in to receive notifications or if you have any questions about your rights, please contact a Victim Witness Coordinator at (203) 821-3757 / (203)-985-9129 or through our website (https://www.justice.gov/civil/case/united-states-v-norman-newman).
For more information about the Consumer Protection Branch, visit its website at www.justice.gov/civil/consumer-protection-branch.
La Iniciativa para la Aplicación de la Ley y la Prevención de Delitos de Odio del Departamento de Justicia anuncia la llegada de la traducción de recursos virtuales contra los delitos de odioRead the Press Release
WASHINGTON, D.C. – Hoy, en conmemoración del 40º aniversario de la Semana para los Derechos de Víctimas de Delitos (NCVRW, por sus siglas en inglés), la Iniciativa para la Aplicación de la Ley y la Prevención de Delitos de Odio del Departamento de Justicia anunció la traducción reciente a ocho idiomas de recursos contra los delitos de odio para el sitio web contra los delitos de odio del Departamento, www.justice.gov/hatecrimes.
El sitio web, que ha sido visitado por más de un millón de usuarios desde su lanzamiento en el 2018, ahora ofrece nuevas páginas en chino simplificado, chino tradicional, vietnamita, coreano, tagalo, árabe y japonés. Estas páginas incluyen información básica sobre los delitos de odio, recursos en el idioma extranjero e instrucciones sobre cómo denunciar los delitos de odio usando la línea informativa del FBI, con la ayuda de intérpretes cualificados. La experiencia ha demostrado que la comunicación con personas cuyo dominio del inglés es limitado (LEP, por sus siglas en inglés) en su idioma es un paso fundamental en la lucha nacional contra los delitos de odio.
Ha hubo un incremento preocupante en la violencia, el acoso y la discriminación contra la comunidad estadounidense de origen asiático y de las islas del Pacífico (AAPI, por sus siglas en inglés). Las nuevas páginas en idiomas extranjeros pueden ayudar a víctimas y testigos cuyo dominio del inglés es limitado a reconocer y denunciar delitos de odio. El sitio web también tiene una nueva página en inglés con enlaces a recursos y noticias sobre incidentes de odio dirigidos a las comunidades AAPI. www.justice.gov/hatecrimes/addressing-hate-crimes-against-AAPI (en inglés). La página incluye un enlace a la guía del FBI contra amenazas de delitos de odio. La guía contra amenazas, una tabla de una única página, describe los tipos de amenazas de delitos de odio (físicas, verbales, por teléfono, electrónicas, por escrito o visuales) y enumera las respuestas recomendadas, incluyendo los pasos para la preservación de pruebas.
La guía está actualmente disponible en chino simplificado y tradicional.
Por otra parte, se ha ampliado el contenido en el sitio web en español contra los delitos de odio, www.justice,gov/hatecrimes-espanol, para incluir estadísticas actualizadas sobre los delitos de odio, ejemplos de casos y un mapa de los estados que disponen de leyes contra los delitos de odio, entre otras cosas.
«El apoyo de víctimas de delitos de odio es una parte esencial de la misión del Departamento y representa una medida de nuestro éxito», declaró la Fiscal General Auxiliar Adjunta Principal Pamela Karlan, de la División de Derechos Civiles del Departamento de Justicia. «Las personas cuyo dominio del inglés es limitado, así como los defensores y los líderes comunitarios que trabajan con ellos, se enfrentan a barreras adicionales a la justicia. Esperamos que estos nuevos recursos en idiomas extranjeros ayuden al Departamento y a nuestros socios a apoyar mejor a las víctimas de delitos de odio, crear confianza y conseguir la participación de las comunidades. Seguiremos expandiendo el número de idiomas en www.justice.gov/hatecrimes».
Los anuncios de hoy son solamente una parte de los esfuerzos del Departamento por combatir la discriminación y violencia mediante el fomento de la capacidad, la capacitación, el apoyo y el alcance a nuestros socios, incluyendo aquellos que trabajan con las comunidades AAPI o miembros del público cuyo dominio del inglés es limitado.
El 26 de enero, el presidente Biden emitió el «Memorando presidencial para la condenación y el combate del racismo, la xenofobia y la intolerancia dirigidos a los estadounidenses de origen asiático y de las islas del Pacífico en los Estados Unidos», que estipula que el «Fiscal General hará lo siguiente:
- explorará oportunidades para apoyar, conforme a las leyes aplicables, los esfuerzos de agencias locales o estatales, así como de comunidades y organizaciones comunitarias AAPI para prevenir la discriminación, la intimidación, el acoso y los delitos de odio contra personas AAPI y
- ampliará la recopilación de datos y la información pública en lo que se refieren a incidentes de delitos de odio infligidos a tales individuos.
Para más información sobre los esfuerzos del Departamento de Justicia por combatir y prevenir los delitos de odio, vaya a www.justice.gov/hatecrimes: un único portal con enlaces a recursos contra los delitos de odio para la policía, los medios de comunicación, investigadores, víctimas, grupos de apoyo y otras organizaciones y personas. Para más información sobre cómo garantizar el acceso lingüístico y la concentración de/idiomas hablados por personas cuyo dominio del inglés es limitado en un condado, estado o distrito judicial, vaya a www.lep.gov/.
لقد حل الأسبوع الوطني لحقوق ضحايا الجرائم. هذا الأسبوع، وعلى مدار العام، نود أن يعلم ضحايا جرائم الكراهية أنهم ليسوا وحدهم. لمعرفة المزيد من المعلومات عن جرائم الكراهية والتعرف على كيفية طلب المساعدة، يرجى زيارة الموقع: www.justice.gov/hatecrimes/translated-get-help-arabic (Arabic)
本周是“全国犯罪受害者权利周”。 本周，乃至全年，我们想要让仇恨犯罪的受害者知道他们并不孤单。 要了解更多关于仇恨犯罪的信息和了解您可以如何求助，请访问：www.justice.gov/hatecrimes/translated-get-help-simplified-chinese (Simplified Chinese)
本週是「全國犯罪受害者權利週」。本週，乃至全年，我們想讓仇恨犯罪的受害者知道他們並不孤單。要瞭解更多關於仇恨犯罪的資訊和瞭解您可以如何求助，請訪問：www.justice.gov/hatecrimes/translated-get-help-traditional-chinese (Traditional Chinese)
全国犯罪被害者の権利週間です。今週そして年間を通じ、自分は一人ではないということをヘイトクライム被害者に知っていただきたいです。ヘイトクライムの詳細および助けの求め方を知るには：www.justice.gov/hatecrimes/translated-get-help-japanese (Japanese)
전국 범죄 희생자의 권리 주간입니다. 이번 주 그리고 연중 내내, 저희는 증오 범죄의 희생자들이 혼자가 아니라는 것을 알게 되길 바랍니다. 증오 범죄에 대해 더 자세히 알고 도움을 요청할 수 있는 방법에 대해 알아보려면 다음을 방문해 주십시오: www.justice.gov/hatecrimes/translated-get-help-korean (Korean)
Pambansang Linggo ng mga Karapatan ng Biktima ng Krimen ngayon. Ang linggo ito, at sa buong taon, nais naming iparating sa mga biktima ng poot na hindi sila nag-iisa. Para malaman pa ang tungkol sa mga krimen ng poot at para malaman kung paano kayo hihingi ng tulong, bisitahin ang: www.justice.gov/hatecrimes/translated-get-help-tagalog (Tagalog)
Đã đến Tuần lễ Quyền của Nạn nhân Tội phạm Quốc gia. Tuần này, và trong suốt cả năm, chúng tôi muốn các nạn nhân của tội ác thù hận biết rằng họ không đơn độc. Để tìm hiểu thêm về tội ác thù hận và tìm hiểu cách bạn có thể yêu cầu trợ giúp, vui lòng truy cập: www.justice.gov/hatecrimes/translated-get-help-vietnamese (Vietnamese)
Knoxville Man Arraigned in Federal Court for Multiple Hobbs Act Robberies and CarjackingRead the Press Release
KNOXVILLE, Tenn. – On April 22, 2021, DeShawn Whited, 23, of Knoxville, was arraigned before the Honorable Judge Debra C. Poplin, United States Magistrate Judge, in the Eastern District of Tennessee, for six counts of Hobbs Act Robbery, one count of carjacking, seven counts of brandishing a firearm in furtherance of a crime of violence, and one count of felon in possession of a firearm. Whited was indicted by a federal grand jury on March 17, 2021. Trial has been set for June 29, 2021, before the Honorable Judge Katherin Crytzer, United States District Judge, in the Eastern District of Tennessee.
The indictment alleges that, between December 2, 2020 and January 20, 2021, Whited robbed convenience stores and restaurants across Knoxville. The indictment also alleges that on January 20, 2021, Whited committed a carjacking when he stole a motorist’s car. The indictment alleges that Whited committed these crimes by brandishing a gun and threatening his victims.
If convicted for the Hobbs Act Robberies, the defendant faces up to 20 years imprisonment, a fine of up to $250,000, a term of supervised release of up to three years, any applicable forfeiture, and a $100 special assessment for each count of robbery. If convicted of the carjacking, the defendants faces up to 15 years of imprisonment, a fine of up to $250,000, three years of supervised release, and $100 special assessment. If convicted of brandishing a firearm in furtherance of a crime of violence, the defendant faces a mandatory minimum term of imprisonment of seven years up to life, which must be served consecutively to any term of imprisonment imposed for each count of brandishing a firearm. If convicted of felon in possession of a firearm, the defendant faces up to 10 years of imprisonment, a fine of up to $250,000, three years of supervised release, and $100 special assessment.
The arrangement was announced by Acting United States Attorney for the Eastern District of Tennessee Francis M. Hamilton III.
The investigation was led by the Federal Bureau of Investigation, Knoxville Division, the Knoxville Police Department, and the Knox County Sheriff’s Office.
Assistant United States Attorney Alan S. Kirk will represent the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a comprehensive national strategy that creates local partnerships with law enforcement agencies to effectively enforce existing gun laws. It provides more options to prosecutors, allowing them to utilize local, state, and federal laws to ensure that criminals who commit gun crime face tough sentences. PSN gives each federal district the flexibility it needs to focus on individual challenges that a specific community faces.
Members of the public are reminded that an indictment constitutes only charges and that every person is presumed innocent until his or her guilt has been proven beyond a reasonable doubt.
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KC Woman Pleads Guilty to Illegal FirearmRead the Press Release
KANSAS CITY, MO. – A Kansas City, Missouri, woman who led police officers on a high-speed chase in a stolen car pleaded guilty in federal court today to illegally possessing a firearm.
Erin D. Bisby, 29, pleaded guilty before U.S. District Judge Howard F. Sachs to being a felon in possession of a firearm.
According to court documents, Bisby was present during an exchange of gunfire between multiple people on the morning of July 18, 2019. She was seen driving a stolen PT Cruiser near Truman and Prospect on July 27, 2019. A Kansas City police officer recognized the vehicle as having been reported stolen at gunpoint by an unknown man two days earlier. The officer attempted to stop the PT Cruiser, but Bisby fled at speeds up to 90 miles per hour. Bisby came to a stop at Independence and Ewing Avenue, where she exited the driver’s seat holding a loaded Jimenez Arms .380-caliber handgun, which had been reported stolen. Bisby ran on foot and dropped the handgun before she was taken into custody.
Bisby admitted that she possessed the Jimenez Arms handgun during the July 18, 2019, shootout. She also admitted that she was present when an acquaintance stole the PT Cruiser.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Bisby has a prior felony conviction for tampering with a motor vehicle, for which she was on probation at the time of this offense.
Under federal statutes, Bisby is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Trey Alford. It was investigated by the Kansas City, Mo., Police Department.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Justice Department Releases $58 Million in Solicitations to Combat the Distribution of Illicit Drugs and Improve Officer WellnessRead the Press Release
The Justice Department announced today that the Office of Community Oriented Policing Services (COPS Office) has released approximately $58 million in three grant solicitations that will advance community policing, help combat the dual scourges of opioid and methamphetamine use, and promote the health and safety of our nation’s law enforcement officers.
“The grant solicitations announced today will help law enforcement agencies in their continuing struggles on two fronts – fighting against the public health and safety crisis of illegal drug use, and safeguarding the mental health and wellness of our law enforcement officers,” said Acting Director Robert Chapman of the COPS Office. “The COPS Office is pleased to make these resources available that will not only help to protect our nation’s citizens, but also the law enforcement officers who do so much to protect them.”
The Law Enforcement Mental Health and Wellness Act Program provides funding to improve the delivery of and access to mental health and wellness services for law enforcement through the implementation of peer support, training, family resources, suicide prevention, and other promising practices for wellness programs. The program will fund projects that develop knowledge, increase awareness of effective mental health and wellness strategies, increase the skills and abilities of law enforcement, and increase the number of law enforcement agencies and relevant stakeholders using wellness programs.
The COPS Office Anti-Heroin Task Force Program advances public safety by providing funds directly to state law enforcement to locate and investigate illicit activities through statewide collaboration related to the distribution of heroin, fentanyl, or carfentanil or the unlawful distribution of prescription opioids. Funding is available only to state law enforcement agencies with primary law enforcement authority over heroin, fentanyl, carfentanil, and other opioids seizures and investigations.
The COPS Anti-Methamphetamine Program advances public safety by providing funds directly to state law enforcement agencies to investigate illicit activities related to the manufacture and distribution of methamphetamine. Funds must be used to locate or investigate illicit activities such as precursor diversion, laboratories, or methamphetamine traffickers.
For more information on COPS Office funding, please visit https://cops.usdoj.gov/grants.
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to agency for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served. The COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 134,000 officers.
Jury Convicts Pasco Man of Trafficking Fentanyl Resulting in DeathRead the Press Release
Tampa, FL – A federal jury has found Justin Case Lebarron (28, Pasco County) guilty of conspiracy to distribute fentanyl and methamphetamine resulting in death, distribution of fentanyl and methamphetamine resulting in death, possession with the intent to distribute fentanyl, and maintaining a drug premises. Due to a prior felony drug conviction, Lebarron faces a mandatory sentence of life in federal prison. His sentencing hearing is scheduled for June 17, 2021.
Lebarron had been indicted on May 20, 2020.
According to testimony and evidence presented at trial, Lebarron and others operated a drug house in New Port Richey where they sold fentanyl and methamphetamine. They also allowed addicts to use narcotics and sleep there. On the night of January 7, 2020, a fatal overdose occurred in the house. Lebarron ordered three people to carry the victim’s body outside and dump it in an empty lot as he fled the area. A few hours later, Lebarron resumed distributing fentanyl and methamphetamine and continued to do so until his arrest on March 5, 2020.
This case was investigated by the Drug Enforcement Administration and the Pasco Sheriff’s Office as part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. 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 www.justice.gov/OCDETF. The case is being prosecuted by Assistant United States Attorney Dan Baeza.
Judge sentences Caruthersville man for conspiracy to distribute methamphetamineRead the Press Release
CAPE GIRARDEAU – United States District Judge Matthew Schelp sentenced Bobby Black to 77 months in prison today. The 46-year-old Caruthersville, Missouri, resident pleaded guilty, in November, to six counts of conspiracy to distribute methamphetamine. One of the counts being conspiracy to distribute 50 grams or more of methamphetamine.
Beginning on January 22, 2020 through March 11, 2020, Black conspired with others and sold methamphetamine through several controlled buys with an undercover agent. Black would agree to meet with the undercover agent at different locations and sell the methamphetamine.
The Drug Enforcement Administration and Missouri State Highway Patrol investigated the case. Assistant United States Attorney Keith Sorrell handled the prosecution.
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Jamestown Man Indicted on Sex Trafficking ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Anthony Burris, 30, of Jamestown, NY, with sex trafficking and enticing travel to engage in sexual activity. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life and a $250,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, on January 21, 2021, a mother contacted the Chautauqua County Sheriff’s Office and reported the possible sex trafficking of her daughter (Victim 1). The mother reported that her daughter was involved in drug use and prostitution and had to perform sexual acts with others in exchange for drugs and other items from the defendant. In addition, the mother stated Burris was physically abusing her daughter. The mother provided Victim 1’s Facebook profile, which an investigator reviewed and recognized Victim 1 from ads he previously saw on a website used to post advertisements for commercial sex acts or other illicit business like the sale of controlled substances.
On February 28, 2021, Victim’s 1’s mother told investigators that she learned her daughter was assaulted by the defendant and was at a medical clinic in Erie, Pennsylvania seeking medical treatment for her injuries, which included significant bruising and swelling to her left eye and a laceration above her left eye. Victim 1’s mother stated that Victim 1 was assaulted because she was going to try and leave Burris. A law enforcement officer in Pennsylvania went to the medical clinic to speak with Victim 1 who was uncooperative, stating that she sustained her injuries from falling and refused any help. While in the parking lot of the medical clinic, the officer observed the defendant in a vehicle.
On March 3, 2021, an undercover law enforcement officer contacted Victim 1 and set up a “car date.” Investigators set up surveillance in the vicinity of the agreed upon meeting location and observed Burris driving a vehicle in the area. Investigators approached the vehicle and the defendant was identified as the driver and Victim 1 was identified as the front passenger. During a search of the vehicle, a bag full of condoms and lubricants, suspected controlled substances including a mixture of heroin and fentanyl, and marijuana, three cellphones, and $2,216 in cash were seized. After the search was completed, Burris was released and given an appearance ticket for Permitting Prostitution.
Subsequent investigation identified a second victim (Victim 2), who also suffered from drug addiction. On March 11, 2021, an undercover officer set up an appointment with Victim 2 using a contact number from an online ad. Once again investigators set up surveillance in the vicinity of the agreed upon meeting location, and once again Burris was observed in a vehicle in the area with a female passenger. Investigators approached the vehicle and arrested the defendant. Observed in plain view on the floor near the driver’s seat was a clear plastic baggie containing a white powdery substance suspected to be heroin. Additionally, two cellular phones were seized from the vehicle.
Burris rarely gave Victim 1 and Victim 2 any of the money obtained through sex trafficking activities. The defendant would provide the victims with heroin. However, he would withhold drugs until they did what he wanted them to do, calling it “starving.” A preliminary review of cell phones recovered from Victim 2 contained voluminous daily contact with sex buyers discussing details of sex acts, pricing, meeting locations, and times. Both phones also contained photographs of Victim 1 and Victim 2.
The defendant was arraigned this morning before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was detained.
The indictment is the result of an investigation by the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Amherst Police Department, under the direction of Chief Scott Chamberlin; and the Millcreek, PA, Police Department, under the direction of Chief Scott Heidt.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Jackson Preparer Charged with Tax FraudRead the Press Release
Jackson, TN – Louis Morris, 69, was charged April 12, 2021, with preparing false returns through his business L&L Tax Service. Acting United States Attorney, Joseph C. Murphy, Jr., announced the indictment today.
According to the indictment, from 2015 to 2018 Morris executed a scheme to prepare false returns for clients which included fabricated deductions in order to claim higher refunds.
Morris is also accused of filing his own false return for several years, reporting a false filing status and inflating expenses from his tax preparation business in order to claim a higher refund.
Morris appeared before United States Magistrate Judge Jon York on April 22, 2021.
The charges and allegations contained in indictment are merely accusations of criminal conduct, not evidence. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt and convicted through due process of law.
This case was investigated by the Internal Revenue Service-Criminal Investigation.
Assistant U.S. Attorney Matt Wilson is prosecuting this case on behalf of the government.
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Inmate Pleads Guilty and is Sentenced for Assaulting Jail OfficialRead the Press Release
ABINGDON, Va. – An inmate serving a federal sentence pleaded guilty and was sentenced today for assaulting an officer at the local jail where he was being held pursuant to a contract with the U.S. Marshals.
Daniel Lee Wade Jr., 35, pleaded guilty today in United States District Court in Abingdon to one count of forcibly assaulting and resisting an officer of the United States Government. The assault happened on April 4, 2021, at the Southwest Virginia Regional Jail in Abingdon, just three days after Wade was sentenced to a four-year sentence in federal court for possessing a weapon in a federal prison. The officer did not require any medical treatment.
Wade was sentenced to an additional six-month term of imprisonment to be served consecutively to his prior sentences.
Acting U.S. Attorney Daniel P. Bubar of the Western District of Virginia made the announcement.
The case was investigated by the U.S. Marshals Service.
Assistant U.S. Attorney Randy Ramseyer prosecuted the case.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on April 19 was:
Joel Zamora, 40, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Zamora faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release on the drug counts and a mandatory minimum five years to life consecutive to any other crime, a $250,000 fine and five years of supervised release on the firearms count. Zamora was detained pending further proceedings. The FBI Transnational Organized Crime West Task Force and Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 21-22.
Appearing on April 20 was:
James Posey Fisher, Sr., 34, of Lame Deer, on charges of voluntary manslaughter. If convicted of the most serious crime, Fisher faces a maximum 15 years in prison, a $250,000 fine and three years of supervised release. Fisher was detained pending further proceedings. The FBI investigated the case. PACER case reference. 21-11.
Orville James McIntire, 20, of Livingston, on charges of illegal receipt of firearm by a person under indictment, possession of stolen firearm and controlled substance user in possession of firearm. If convicted of the most serious crime, McIntire faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. McIntire was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 21-14.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on April 21 was:
Gordon Lee Connelly, 20, of Cut Bank, on charges of attempted kidnapping, strangulation, assault resulting in substantial bodily injury and interstate violation of protection order. If convicted of the most serious crime, Connelly faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release. Connelly was released pending further proceedings. The Bureau of Indian Affairs, Glacier County Sheriff’s Office and Blackfeet Law Enforcement Services investigated the case. PACER case reference. 21-21.
Appearing on April 20 was:
Roy Allen Shostak, 28, of Polson, on charges of possession with intent to distribute meth. If convicted of the most serious crime, Shostak faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Shostak was detained pending further proceedings. The Drug Enforcement Administration and Helena Police Department investigated the case. PACER case reference. 21-02.
Christina Westcott, 37, of Great Falls, on charges of possession with intent to distribute meth and heroin. If convicted of the most serious crime, Westcott faces a mandatory minimum five years to 40 years in prison, a $5 million fine and four years of supervised release. Westcott was detained pending further proceedings. The Drug Enforcement Administration, Great Falls Police Department and Cascade County Sheriff’s Office investigated the case. PACER case reference. 21-15.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Illinois Man Sentenced to Three Years in Prison for Role in $1.4 Million Bank Fraud SchemeRead the Press Release
CAMDEN, N.J. – An Illinois man was sentenced today to 36 months in prison for his role in a bank fraud scheme resulting in $1.4 million in losses, Acting U.S. Attorney Rachael Honig announced.
Dwayne Modeliste, 41, previously pleaded guilty before U.S. District Judge Noel L. Hillman in Camden federal court to an indictment charging him with conspiracy to commit bank fraud. Judge Hillman imposed the sentence today by videoconference.
According to documents filed in this case and statements made in court:
From 2016 to 2018, Modeliste conspired with Larry McGee and Adam D. Arena to defraud Synchrony Bank. Modeliste and his conspirators used the personally identifiable information of others, most of whom were incarcerated, to obtain credit cards from Synchrony Bank. Modeliste and his conspirators submitted to Synchrony Bank merchant applications so those enrolled merchants could accept Synchrony credit cards as a form of payment. After the merchants were enrolled with Synchrony Bank, the conspirators used the fraudulently obtained credit cards to conduct transactions at the merchants. The proceeds from the fraudulent transactions were deposited into bank accounts controlled by Modeliste and his conspirators.
In addition to the prison term, Judge Hillman sentenced Modeliste to three years of supervised release. He also ordered Modeliste to make restitution to Synchrony Bank in the amount of $1.43 million and ordered forfeiture in the amount of $133,330.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr., with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Catherine R. Murphy of the
U.S. Attorney’s Office’s National Security Unit in Newark.
Houston man sent to prison for possessing over 56,000 images of child pornographyRead the Press Release
HOUSTON – A 41-year-old Houston-area man has been ordered to federal prison for 40 years after producing videos of his sexual abuse of a minor, possession of child pornography, announced Acting U.S. Attorney Jennifer B. Lowery.
Miguel Rivera pleaded guilty Oct. 30, 2020, to production, receipt and possession of child pornography.
Today, U.S. District Judge Charles Eskridge ordered him to serve a 480-month sentence. The court also heard additional information today including a statement from the victim detailing how Rivera’s heinous acts affected her childhood and to this day. In handing down the sentence, the court noted the seriousness of the offense, promoting respect for the law and deterrence of such criminal conduct. Rivera will serve the rest of his life on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.
In June 2019, law enforcement located an IP address with a folder containing child pornography using a publicly available peer-to-peer file-sharing network. The IP address was linked to Rivera and his residence.
Forensic analysis resulted in the discovery of 56,250 images of child pornography on his electronic devices. Approximately 412 videos were over five minutes in length, the longest of which was nearly an hour.
Rivera also produced 3,200 images and over 160 videos of sexually abusing a minor while the child was unconscious.
He admitted he had been downloading child pornography for at least a decade.
Rivera has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation.
Assistant U.S. Attorney Zahra Jivani Fenelon prosecuted the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
Grand Jury - April 2021Read the Press Release
Acting United States Attorney Jan W. Sharp announced the federal Grand Jury for the District of Nebraska has returned 23 unsealed Indictments charging 29 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.
* Cynthia Abarca-Barajas, a/k/a Cynthia Barajas, age 22, of Omaha, is charged with possession with intent to distribute 40 grams or more of fentanyl 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.
* Socorro Alejandres Alvarez, age 31, is charged with conspiracy to distribute and possession with intent to distribute 500 grams or more of methamphetamine beginning on or about June 2020 and continuing to on or about April 5, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.
* Michael Aponte, age 31, of Liverpool, New York, and Rawy Correa-Perez, age 30, of Cudahy, Wisconsin, are charged in a two-count Indictment. Count I charges the defendants with conspiracy to distribute and possession with intent to distribute 5 kilograms or more of cocaine beginning on or about February 24, 2021 and continuing to on or about February 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 defendants with possession with intent to distribute 5 kilograms or more of cocaine on or about February 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.
* Adan Casillas-Aguilar, age 37, is charged in a five-count Indictment. Count I charges the defendant with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about November 9, 2020 and continuing on or about December 2, 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 II charges the Casillas-Aguilar with distribution of 5 grams or more of methamphetamine (actual) on or about November 9, 2020. 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 distribution of 50 grams or more of methamphetamine (actual) on or about November 24, 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 IV charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about December 2, 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 V charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about December 2, 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. There is also an allegation to forfeit United States currency seized on or about December 2, 2020.
* Luis Alberto Castro-Santos, age 33, of Pomona, California; Tomas De La Cruz-Perez, age 33, of Fremont, Nebraska; Martin Alonzo Castro, age 38, of Fremont, Nebraska; and Estuardo Hernando Ruiz-Orozco, age 50, of Wakefield, Nebraska, are charged in a four-count Indictment. Count I charges the defendants with conspiracy to unlawfully produce/transfer/possess with intent to use or transfer five or more false identification documents on or about May, 2020, and continuing to on or about April, 2021. The maximum possible penalty if convicted is 15 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges De La Cruz-Perez with possession with intent to use or transfer five or more documents on or about June 21, 2020. 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. Count III charges Ruiz-Orozco with possession with intent to use or transfer five or more documents on or about October 15, 2020. 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. Count IV charges Castro with possession with intent to use or transfer five or more documents on or about February 24, 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. There is also an allegation to forfeit United States currency seized on or about April 14, 2021.
* Michael Copeland, age 51, of St. Paul, Nebraska, is charged with interstate communications with a threat to injure law enforcement officers on or about April 13, 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.
* Kylan Wayne Dale, age 30, of Sioux City, Iowa, is charged with failure to register as a sex offender on or about January 16, 2021 continuing to on or about February 19, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $5,000 additional special assessment.
* Armando B. Daniels, age 32, of Commack, New York, is charged in a three-count Indictment. Count I charges the defendant with coercion and enticement on or about April 6, 2021, and continuing to on or about April 8, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count II charges Daniels with coercion and enticement of a minor on or about April 6, 2021 and continuing to 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. Count III charges the defendant with transportation of a minor with intent to engage in criminal sexual activity on or about April 6, 2021 and continuing to 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.
* Wilmer Raymond Flyinghawk, Jr., age 42, of Norfolk, Nebraska, is charged with felon in possession of a firearm on or about March 11, 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.
* Catherine Gibson, age 43, is charged with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine beginning on or about February 2021 and continuing to on or about March 3, 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.
* Kristina Marie Gomez, age 36, and Alvaro Nunez-Nunez, age 32, are charged with possession with intent to distribute 50 grams or more of methamphetamine on or about June 22, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment.
* Javier Hernandez-Romano, age 29, is charged with illegal reentry after deportation on or about March 3, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Javier Hernandez-Romano, age 29, and Gustavo Perez-Heurerta, age 21, are charged with possession with intent to distribute 100 kilograms or more of marijuana on or about March 3, 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.
* Thomas E. Johnson, Jr., age 30, of Omaha, is charged with felon in possession of a firearm on or about April 8, 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.
* Rickey G. McAlevy, Jr., age 33, of Lincoln, Nebraska, and Gabriel S. Goss, age 40, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) and 50 grams or more of methamphetamine (mixture) on or about September 4, 2020. The maximum possible penalty if convicted is life imprisonment, $20,000,000 fine, a ten-year term of supervised release, $100 special assessment.
* Agustin Manuel Pablo, age 30, is charged with illegal reentry after deportation on or about April 20, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Jose Quevedo, age 56, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about December 2, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.
* Juan Sanchez-Bautista, age 42, is charged with illegal reentry after deportation on or about February 4, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Martin Silva-Bravo, age 31, is charged with illegal reentry after deportation following a felony conviction on or about March 20, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Babe L. Sipes, age 40, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) and 50 grams or more of methamphetamine (mixture) on or about January 11, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.
* Michael M. Thomas, age 33, is charged with domestic assault by an habitual offender on or about February 27, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Adam Stuart Vannoy, age 40, of Denver, Colorado, is charged in a three-count Indictment. Count I charges the defendant with receipt or possession of a unregistered firearm on or about April 8, 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 a firearm unidentified by serial number on or about March 14, 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 unlawful user in possession of a firearm on or about March 14, 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.
* Charles Warrior, age 54, of Scottsbluff, Nebraska, is charged with failure to register as a sex offender on or about January 16, 2021 continuing to on or about February 19, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $5,000 additional special assessment.
Four Sentenced for Advanced Fee Scheme that Promised to turn Dirt into GoldRead the Press Release
SALT LAKE CITY – Marc Tager, Jonathon Shoucair, Matthew Mangrum, and Kenneth Gross have all been sentenced for their role in an eight million dollar telemarketing fraud scheme that promised investors, most of them elderly, that their business could extract gold from dirt.
Marc Andrew Tager, 55, of Sandy, Utah, was sentenced on April 14, 2021, to 43 months in federal prison for conspiracy to commit wire and mail fraud, money laundering, and possession of a firearm by a convicted felon.
Jonathon Edward Shoucair, 69 of North Hills, California, was sentenced on October 23, 2020, to 72 months in federal prison for conspiracy to commit wire and mail fraud and money laundering.
Matthew Earl Mangum, 51, of South Jordan, Utah, was sentenced on November 18, 2020, to 48 months in federal prison for conspiracy to commit wire fraud and money laundering.
Kenneth Stephen Gross, 75, of Porter Ranch, California was sentenced on January 16, 2020, to 24 months of probation for failing to disclose to federal authorities that he had knowledge that securities fraud was occurring.
Tager, Shoucair, and Mangum posed as the leaders of the scheme and told victim-investors they had created a plan to make money by extracting gold from dirt using a revolutionary process developed by Mangum--who was held out to investors as an expert in metallurgy and the refining of precious metals. Investors were told that the defendants controlled this proprietary, breakthrough, nanotechnology that used environmentally friendly means to recover microscopic particles of gold from dirt. Gross was engaged in cold-calling potential investors and passing interested individuals on to Tager and Shoucair in order to obtain funds from these investors.
Investors were told that the group needed investors’ money to pay for the space, equipment, materials, and labor to develop Mangum’s process into a large scale, highly profitable business that would generate huge returns. Instead, the co-defendants operated an advanced fee scheme with Tager, Shoucair, and Mangum making fraudulent statements to investors to secure funding that was only partially used to support the business, which was never profitable.
In order to carry out the fraud, the three defendants formed Jersey Consulting, LLC (“Jersey”) and created a marketing website for their business. On the website, the defendants claimed that Jersey owned an 80 acre mining claim with a substantial amount of mineral rich ore; that their revolutionary mining technology could achieve 20 times the yield of traditional mining at a fraction of the cost; that their process was environmentally friendly; and that investors would achieve 100% percent returns on their money in 12 months. Investors were also told that their money would be secured by the physical assets owned by Jersey and that the investors would have priority over these assets should the business fail.
What investors did not know was that Tager and Shoucair first met while serving multi-year federal prison sentences together for previous fraud related convictions. Tager, who was convicted of conspiracy to commit mail fraud in 2005 and sentenced to approximately 2 years in prison, met Jon Shoucair, who was serving a 5-year prison sentence in the Sheridan Federal Correction Institution for running a $50 million telemarketing fraud.
Since 2014, the men raised over eight million from about 140 investors through the use of a national telemarketing strategy. The majority of the investors were over the age of 65. However, three million dollars of investors’ money was spent for the personal benefit of Tager, Mangum, and Shoucair, with another two million dollars of the funds going to pay telemarketers, including Gross, who helped raise the funds. It is estimated that only three million dollars of the investors’ funds were used to pay for potentially legitimate business expenses incurred by Jersey.
Assistant U.S. Attorneys Jacob J. Strain, Trina Higgins, and Allison Moon in the Utah U.S. Attorney’s Office prosecuted the case. Investigators from the Utah Department of Commerce Division of Securities and Special Agents from the FBI and the IRS conducted the investigation.
Former Hillsborough County Elementary School Head Custodian Indicted for Distributing and Possessing Child Sexual Abuse MaterialsRead the Press Release
Tampa, Florida – Acting United States Attorney Karin Hoppmann announces the return of an indictment charging Charles Mark Currie (64, Tampa) with distribution and possession of child sexual abuse materials. If convicted, Currie faces a mandatory minimum penalty of 5 years, and up to 40 years, in federal prison, and a potential life term of supervised release. Currie was previously employed by the School District of Hillsborough County as a Head Custodian for West Shore Elementary School until he resigned in January of 2021.
According to the indictment, on September 5, 2020, Currie knowingly distributed over the internet visual depictions of children being sexually abused. On January 26, 2021, Currie also knowingly possessed multiple electronic devices, including a desktop computer, that contained visual depictions of children under the age of 12 being sexually abused.
An indictment is merely a formal charge 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 Homeland Security Investigations, with assistance from the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Ilyssa M. Spergel.
Anyone with information regarding this investigation should contact Homeland Security Investigations through its toll-free Tip Line at 1-866-DHS-2423 or by completing its online tip form.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Florida Family Indicted for Selling Toxic Bleach as Fake “Miracle” Cure for Covid-19 and Other Serious Diseases, and for Violating Court OrdersRead the Press Release
Defendants Accused of Attempting to Avoid Government Regulation by Selling Products Through a Company They Deceptively Named “Genesis II Church of Health and Healing”
Miami, Florida -- A federal grand jury in Miami has returned an indictment charging a Florida man -- Mark Grenon, 62 -- and his three sons -- Jonathan Grenon, 34, Jordan Grenon, 26, and Joseph Grenon, 32 -- with fraudulently marketing and selling “Miracle Mineral Solution,” a toxic industrial bleach, as a cure for COVID-19, cancer, Alzheimer’s, diabetes, autism, malaria, hepatitis, Parkinson’s, herpes, HIV/AIDS, and other serious medical conditions, and with defying federal court orders.
Jonathan and Jordan Grenon were arrested last summer on related charges based on a criminal complaint filed by Miami federal prosecutors.
According to the indictment, the Grenons, all of Bradenton, Florida, manufactured, promoted, and sold a product they named Miracle Mineral Solution (“MMS”). MMS is a chemical solution containing sodium chlorite and water which, when ingested orally, became chlorine dioxide, a powerful bleach typically used for industrial water treatment or bleaching textiles, pulp, and paper. The Grenons claimed that ingesting MMS could treat, prevent, and cure COVID-19, according to the charges. The FDA, however, had not approved MMS for treatment of COVID-19, or for any other use. Rather, in prior official warning statements, the FDA had strongly urged consumers not to purchase or use MMS for any reason, explaining that drinking MMS was the same as drinking bleach and could cause dangerous side effects, including severe vomiting, diarrhea, and life-threatening low blood pressure. See https://www.fda.gov/consumers/consumer-updates/danger-dont-drink-miracle-mineral-solution-or-similar-products. In fact, FDA received reports of people requiring hospitalizations, developing life-threatening conditions, and even dying after drinking MMS.
The indictment further alleges that before marketing MMS as a cure for COVID-19, the Grenons marketed MMS as a miracle cure-all for dozens of other serious diseases and disorders, even though the FDA had not approved MMS for any use. The Grenons sold tens of thousands of bottles of MMS nationwide, including to consumers throughout South Florida, according to the allegations. They sold this dangerous product under the guise of Genesis II Church of Health and Healing (“Genesis”), an entity they are accused of creating to avoid government regulation of MMS and shield themselves from prosecution. According to charging documents, Genesis’ own websites describe Genesis as a “non-religious church,” and Defendant Mark Grenon, the co-founder of Genesis, has repeatedly acknowledged that Genesis “has nothing to do with religion,” and that he founded Genesis to “legalize the use of MMS” and avoid “going [ ] to jail.” The Genesis websites further stated that MMS could be acquired only through a “donation” to Genesis, but the donation amounts for MMS orders were set at specific dollar amounts, and were mandatory, such that the donation amounts were effectively just sales prices. The indictment alleges that the Grenons received more than $1 million from selling MMS.
The indictment also charges the Grenons with criminal contempt. The United States previously filed a civil case against the defendants and Genesis II Church of Health and Healing. See United States v. Genesis II Church of Health and Healing, et al., Case No. 20-21601-CV-WILLIAMS. In that civil case, the United States obtained court orders halting the Grenons’ distribution of MMS. According to charging documents, the Grenons willfully violated those court orders and continued to distribute MMS. The Grenons also allegedly threatened the federal judge presiding over the civil case, and threatened that, should the government attempt to enforce the court orders halting their distribution of MMS, the Grenons would “pick up guns” and instigate “a Waco.”
Furthermore, according to statements made in court by federal prosecutors in Miami, a search warrant was executed for Defendant Jonathan Grenon’s house at the time of his arrest, and officers discovered that the Grenons were manufacturing MMS in a shed in Jonathan Grenon’s backyard in Bradenton, Florida. Officers seized dozens of blue chemical drums containing nearly 10,000 pounds of sodium chlorite powder, thousands of bottles of MMS, and other items used in the manufacture and distribution of MMS. The government also recovered multiple loaded firearms, including one pump-action shotgun concealed in a custom-made violin case to disguise its appearance, according to prosecutors.
The indictment charges each of the Grenons with one count of conspiracy to commit fraud and two counts of criminal contempt. If convicted, the Grenons face up to life imprisonment. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Jonathan and Jordan Grenon have been detained since their arrest, based on a judge’s finding that they posed a risk of nonappearance at future court proceedings and a danger to the community if released. They are scheduled to be arraigned on Monday, April 26, 2021, at 10:00 a.m., in federal magistrate court in Miami. Mark and Joseph Grenon are presently in Colombia.
Acting U.S. Attorney for the Southern District of Florida Juan Antonio Gonzalez and Assistant Commissioner of the FDA’s Office of Criminal Investigations Catherine Hermsen announced the charges.
FDA’s Office of Criminal Investigations investigated the case. Assistant United States Attorneys Michael B. Homer and John Shipley are prosecuting the case.
An indictment is a charging instrument containing allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
You may find court documents and other information at http://pacer.flsd.uscourts.gov, under case number 21-cr-20242.
CONTACT: Marlene Rodriguez
Special Counsel to the U.S. Attorney
www.justice.gov/usao-sdfl
Public Affairs Officer
Twitter @SDFLNews
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Fitchburg Man Sentenced for Fentanyl TraffickingRead the Press Release
BOSTON – A Fitchburg man was sentenced yesterday in federal court in Boston for trafficking fentanyl.
Sebastian Batista, 27, was sentenced by U.S. District Court Judge Douglas P. Woodlock to 63 months in prison and four years of supervised release. In November 2020, Batista was convicted of possession with intent to distribute 40 grams or more of fentanyl.
On Feb. 28, 2019, Batista participated in multiple phone calls in which he agreed to sell 200 grams of fentanyl to a cooperating witness in a residential area of Waltham. Later that night, Batista arrived at the meeting location and was arrested. Officers searched Batista’s vehicle and found approximately 200 grams of fentanyl in plastic wrapping underneath the driver’s seat.
Acting United States Attorney Nathaniel R. Mendell and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. Valuable assistance was provided by the Waltham Police Department and the Middlesex County District Attorney’s Office. Assistant U.S. Attorney Stephen W. Hassink of Mendell’s Narcotics and Money Laundering Unit prosecuted the case.
Final four sentenced in $189M Health Care Fraud ScamRead the Press Release
HOUSTON – Four executives of Continuum Healthcare and its various health centers have been ordered to federal prison for a massive scam perpetrated in the Houston area, announced Acting U.S. Attorney Jennifer B. Lowery.
Bobby Rouse, 81, and Steven Houseworth, 47, both of Houston; Jeffery Parsons, 62, Crockett; and David Edson, 72, Palm Harbor, Florida, had all pleaded guilty to their respective roles in the scam.
On April 22, U.S. District Judge Gray Miller sentenced Rouse to 120 months in prison. Edson received a 48-month-term of imprisonment, while Parsons and Houseworth each received 30 months in prison.
Rouse, Houseworth, Edson and Parsons were part of the executive team for Continuum Healthcare LLC, which owned Westbury Community Hospital in Houston as well as community mental health centers in the Houston area known by their locations as Hornwood, Baytown and Missouri City.
Each location operated a partial hospitalization program (PHP). The PHP was supposed to be a treatment program for individuals with mental illness, intended to closely resemble a highly structured, short-term hospital inpatient program. However, while it was a distinct and organized intensive treatment program, it offered less than 24-hour daily care.
In 2010, Continuum opened Westbury Community Hospital with Hornwood and Baytown becoming outpatient centers and continuing to operate their existing PHPs under the Westbury name. Westbury also opened a PHP.
The four men were responsible for the day-to-day operation of Continuum/Westbury and were involved in the implementation of the various kickback programs. Numerous people were referred for treatment in exchange for payment. However, the vast majority did not qualify for PHP services, because they were not experiencing an acute psychotic episode or were actually suffering from mental retardation, dementia or Alzheimer’s.
In total, Continuum billed Medicare approximately $189 million in total for fraudulent PHP services and Medicaid paid approximately $66 million on those clams.
The convictions of all 14 charged in the case were announced in 2019.
The FBI, Department of Health and Human Services - Office of the Inspector General, Texas Attorney General's Medicaid Fraud Control Unit and IRS - Criminal Investigation participated in the joint investigation. Assistant U.S. Attorneys Tina Ansari and Special Assistant U.S. Attorney Justin Blan are prosecuting the case.
Federal Jury Convicts Former Wells Fargo Employee of Child PornographyRead the Press Release
STATESVILLE, N.C. – A federal jury sitting in Statesville has convicted a former Wells Fargo Information Technology (IT) employee of child pornography charges, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. The jury found Michael Scott Hoover, 50, of Wilkesboro, N.C., guilty of two counts of production and one count of possession of child pornography. U.S. District Judge Kenneth D. Bell presided over the two-day trial which ended late yesterday.
Ronnie Martinez, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Charlotte, Robert Schurmeier, Director of the North Carolina State Bureau of Investigation (SBI), and Sheriff Chris Shew of the Wilkes County Sheriff’s Office join Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents, evidence presented at trial and witness testimony, between June 2018 and August 2019, Hoover produced child pornography on two different occasions by using two minor victims to engage in sexually explicit conduct, which Hoover recorded on his work cell phone. According to witness testimony, the child pornography was found on Hoover’s work cell phone during an internal investigation by his employer at the time, Wells Fargo. Trial evidence established that videos and images recovered from Hoover’s work cell phone depicted minor males as young as 12 years old engaging in sexually explicit conduct.
Following the guilty verdict, Hoover was remanded into federal custody. A sentencing date has not been set. The possession of child pornography charge carries a maximum prison term of 10 years and a $250,000 fine. The charge of production of child pornography carries a mandatory minimum sentence of 15 years and a maximum of 30 years in prison per count and a $250,000 fine.
In making today’s announcement, Acting U.S. Attorney Stetzer commended the investigative work of the HSI, SBI, and the Wilke’s County Sheriff’s Office.
The prosecution for the government was handled by Assistant U.S. Attorney Cortney Randall, of the U.S. Attorney’s Office in Charlotte, and Special Assistant U.S. Attorney (SAUSA) Stephanie Spaugh. Ms. Spaugh is a state prosecutor with the office of the 26th Prosecutorial District and was assigned by District Attorney Spencer Merriweather to serve as a SAUSA with the U.S. Attorney’s Office in Charlotte. Ms. Spaugh is duly sworn in both state and federal courts. The SAUSA position is a reflection of the partnership between the office of the 26th Prosecutorial District and the United States Attorney’s Office.
The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Federal Grand Jury Indicts Two Pueblo Men for Conspiracy to Commit MurderRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announced that a federal Grand Jury has returned a two-count indictment against Emilio Hall, age 26, and Christopher Ortiz, age 41, charging them with conspiracy to commit murder, in violation of the violent crimes in aid of racketeering statute (“VICAR”), 18 U.S.C. § 1959(a)(5). The indictment also charges Hall with possession of a firearm by a prohibited person, in violation of 18 U.S.C. § 922(g)(1). Hall is currently in custody on state charges and Ortiz is at large.
According to the indictment, Hall and Ortiz were members of the Ace street gang in Pueblo, Colorado. On June 23, 2019, for the purpose of maintaining and increasing their position in the Ace street gang, Hall, Ortiz, and others known and unknown to the Grand Jury, agreed to murder Floyd Robinson. Specifically, on June 23, 2019, Hall and Ortiz met in the vicinity of Bessemer Park, in Pueblo. Hall possessed a 9mm handgun and shot and killed Robinson.
The indictment also alleges that the Ace street gang is a criminal enterprise, as defined in 18 U.S.C. § 1959(b)(2), and that the gang engaged in racketeering activity involving murder and the manufacture, importation, receiving, concealment, buying, selling, and other dealing in controlled substances.
The charges in the indictment are allegations and the defendants are presumed innocent until proven guilty.
The investigation in this case is being conducted by the Pueblo Police Department, the Federal Bureau of Investigation, and 10th Judicial District Attorney’s Office, with assistance from the Pueblo County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Colorado State Patrol. The prosecution is being handled by Assistant United States Attorney Jason St. Julien and the Violent Crime and Immigration Section of the U.S. Attorney’s Office, with assistance from the Department of Justice’s Organized Crime and Gang Section.
CASE NUMBER: 21-cr-00141
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Federal Court Shuts Down Atlanta Area Tax Return PreparerRead the Press Release
The Justice Department announced today that a federal court in the Northern District of Georgia permanently enjoined the owner of tax preparation businesses in Suwanee, Georgia, from preparing federal tax returns for others.
The complaint filed in the case alleged that Tiffany Nakia Expose of Buford owned and operated Expose Tax & Financial Services Inc. in Suwanee, and that Expose prepared tax returns that understated tax liabilities and/or overstated refunds. According to the court’s opinion, her alleged schemes included understating business income by fabricating or inflating reported business losses; fabricating or overstating itemized deductions; and claiming unsupported education credits. For example, on over 100 returns, Expose falsely claimed that taxpayers attended school at a particular institution despite knowing that they had not done so.
In granting the United States’ request for injunction, the court found that Expose knowingly prepared and filed hundreds of false returns. It found that she did so despite two separate attempts by the IRS to bring her into compliance, both of which resulted in penalties assessed against her.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer and has launched a free directory of federal tax preparers. In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Family Pet Finds Bag of Meth, Drug Trafficker Pleads GuiltyRead the Press Release
VALDOSTA, Ga. – A Thomas County, Georgia, dog found a bag containing a large quantity of methamphetamine, sparking a chain of events resulting in a Meigs, Georgia, resident pleading guilty to distributing methamphetamine, said Peter D. Leary, the Acting U.S. Attorney for the Middle District of Georgia.
Timothy Bernard Reese, 44, of Meigs, pleaded guilty to one count possession with intent to distribute methamphetamine before U.S. District Judge Hugh Lawson on Thursday, April 22. Reese faces a maximum twenty years of imprisonment to be followed by three years of supervised release and a maximum fine of $1,000,000. A sentencing date has not been scheduled. There is no parole in the federal system.
“It’s not every day that a family pet helps nab a drug trafficker. I want to commend the concerned Thomas County citizen and his devoted dog for helping to bring this methamphetamine dealer to justice,” said Acting U.S. Attorney Peter D. Leary. “The Thomas County-Thomasville Narcotics/Vice unit continues to do an outstanding job protecting the citizens of their community and curbing the flow of deadly narcotics into south Georgia.”
“We are all in this fight against drugs together. We welcome help from anybody including family pets,” said Lieutenant Commander Louis Schofill, Thomas County-Thomasville Narcotics/Vice Division.
According to facts admitted by Reese in open court, a resident of Ochlocknee (Thomas County), Georgia, called authorities on December 13, 2019, regarding a suspicious brown satchel found by his dog. The dog’s owner reported that his dog had come home that day carrying the bag. When the owner opened the bag to check for identification, he found what appeared to be large quantities of illegal narcotics and immediately called the Thomas County Sheriff’s Office. The contents tested positive for 154.78 grams of methamphetamine. Lottery tickets were also found inside of the bag.
Thomas County-Thomasville Narcotics/Vice agents were able to pinpoint the exact location and time that the lottery tickets had been purchased. Pulling surveillance video from the Susie Q's Foods in Meigs, officers observed Reese purchasing the lottery tickets; on December 16, 2019, the police obtained an arrest warrant for Reese. The next day, a woman filed a report with the Cairo Police Department alleging that on December 13, 2019, Reese came into her room at the Grady Lodge and punched her in the face, fracturing her eye socket, and demanded to know where his methamphetamine was located. Reese was taken into custody on December 19, 2019, and he subsequently admitted that the brown bag belonged to him, and he planned to distribute the methamphetamine.
Reese has prior felony convictions for burglary and possession of firearm by a convicted felon, both in the Superior Court of Tift County.
The case was investigated by the Thomas County-Thomasville Narcotics & Vice Unit.
Assistant U.S. Attorney Sonja Profit is prosecuting the case.
Erie County Felon Pleads Guilty to Federal Firearms ChargesRead the Press Release
Erie, Pa. - A former resident of Albion, Pennsylvania, pleaded guilty in federal court to charges of violating federal firearms laws, Acting United States Attorney Stephen R. Kaufman announced today.
Jeffrey Scott Artello, 68, pleaded guilty to two counts before United States District Judge Susan Paradise Baxter.
In connection with the guilty plea, the court was advised that on June 25, 2020 and August 19, 2020, Artello possessed numerous firearms while being a convicted felon.
Judge Baxter scheduled sentencing for August 25, 2021. The law provides for a total sentence of 20 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pennsylvania State Police conducted the investigation that led to the prosecution of Artello.
El Paso Appraiser Pays $100,000 and Surrenders His License to Resolve Allegations of Falsely Certifying Home AppraisalsRead the Press Release
Daniel O’Leary, manager and registered agent for El Paso Asset Appraisals, LLC, d/b/a/ Asset Property Management, paid a $100,000 civil penalty yesterday to settle allegations that he falsely certified home appraisals performed by uncertified assistants. These appraisals were subsequently relied upon by the Federal Housing Administration (FHA) in insuring home mortgage loans. In addition to payment of the civil monetary penalty, O’Leary has agreed to surrender any Appraiser’s licenses he maintains in the State of Texas, or any other state, for a period of five years.
U.S. Attorney Ashley C. Hoff; Catherine Huber, Special Agent in Charge of the Central Region of the Federal Housing Finance Agency, Office of Inspector General (FHFA-OIG); Bertrand Nelson, Special Agent in Charge, Department of Housing and Urban Development, Office of Inspector General (HUD-OIG); and FBI Acting Special Agent in Charge Jeffrey Coburn made today’s announcement.
“Regulations requiring certified appraisals before a home mortgage is guaranteed by the FHA are in place to protect consumers and taxpayers” said U.S. Attorney Hoff. “Any time someone tries to circumvent those regulations for personal gain it places consumers and the FHA program at risk.”
“Daniel O’Leary abused his position as a certified appraiser by making false representations to lenders that were relied upon in issuing home mortgage loans,” said Special Agent in Charge Huber. “This settlement illustrates FHFA-OIG’s commitment to work with our law enforcement partners in identifying and holding accountable those who engage in misconduct impacting the mortgage lending industry.”
The HUD-OIG, FHFA-OIG and the FBI investigated this matter with assistance from the Texas Appraiser Licensing and Certification Board (TALCB). The investigation by these law enforcement agencies revealed evidence indicating that appraisals were certified as having been performed by Mr. O’Leary on dates when he was traveling out of the state or out of the country.
“We work tirelessly to ensure the integrity of the appraisal system used to validate federally insured mortgages and to protect it from fraud and exploitation,” said Special Agent in Charge Nelson. “Today’s announcement is a testament to the dedication across the law enforcement community to vigorously pursue those who would seek to undermine it for personal gain.”
“This civil settlement against Daniel O'Leary is yet another reminder of the FBI’s continued commitment to pursue individuals who have violated the public’s confidence and hold them accountable, irrespective of status,” said Acting Special Agent in Charge Coburn.
The claims asserted against the defendant under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 are allegations only; there has been no determination of liability. Assistant U.S. Attorney Eduardo R. Castillo handled this matter for the government.
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Drug Trafficker Involved in Drive-By Shooting Sentenced to 140 Months in Federal PrisonRead the Press Release
Spokane – Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Eusebio Olvera Ruiz, age 27, of Quincy, Washington, was sentenced on April 22, 2021, after having pleaded guilty on January 14, 2021, to Conspiracy to Possess with Intent to Distribute and Distribution of 50 Grams or More of Actual (Pure) Methamphetamine. United States District Chief Judge Bastian sentenced Ruiz to a 140-month term of imprisonment, to be followed by a five-year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, Mr. Ruiz was a member of a drug trafficking organization operating out of the Quincy and Moses Lake, Washington area. During the course of the investigation by the FBI Safe Streets Task Force in the Tri-Cities, they conducted multiple search warrants and seized multiple pounds of methamphetamine, several hundred fentanyl laced pills, heroin, and numerous stolen firearms and ammunition. Chief Judge Bastian found that Ruiz should receive two enhancements for his possession of firearms utilized to intimidate and threaten those that owed money to the organization. He also found that Ruiz committed an act of violence during the offense, specifically, that he participated in a drive-by shooting in Moses Lake, at the direction of the leader organizer of the drug trafficking organization. Ruiz is a Citizen of Mexico and will be removed from the United States after the completion of his sentence.
Acting United States Attorney Harrington said, “The United States Attorney’s Office for the Eastern District of Washington commends the law enforcement officers with the federal and local agencies who investigated this case. Their seamless partnership resulted in the successful outcome of this matter. The sentence imposed by the court removes a drug trafficker and violent offender from our streets and sends a clear message to others who may choose to engage in such criminal activity.”
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.
This case was investigated by the Federal Bureau of Investigation’s Safe Streets Task Force in Tri-Cities Washington, Moses Lake Police Department, Kennewick Police Department, Richland Police Department, Pasco Police Department, Benton County Sheriff’s Office, Washington Department of Corrections, Quincy Police Department and Grant County Sheriff’s Office. This case was prosecuted by Stephanie Van Marter, Assistant United States Attorney for the Eastern District of Washington.
Dominican National Pleads Guilty to Fentanyl Conspiracy and Distribution ChargesRead the Press Release
BOSTON – A Dominican national pleaded guilty in federal court in Boston to conspiracy and distribution charges involving large quantities of fentanyl.
Leisy Baez-Zapata, 22, pleaded guilty on Wednesday, April 21, 2021 to one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl and one count of distribution of and possession with intent to distribute 400 grams or more of fentanyl, and aiding and abetting. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 29, 2021. Baez-Zapata was charged by criminal complaint on July 26, 2019.
According to court documents, beginning in October 2018, federal agents began investigating a Lawrence-based drug trafficking organization that distributed fentanyl in the Lawrence area of Massachusetts. Between October 2018 and July 2019, federal agents used a cooperating witness to make controlled purchases of fentanyl from the drug trafficking organization. On July 25, 2019, Baez-Zapata delivered approximately one kilogram of fentanyl as part of one of those controlled purchases.
The charges of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl and distribution of 400 grams or more of fentanyl each provide for a mandatory minimum sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. Assistant U.S. Attorney Alathea Porter of Mendell’s Narcotics and Money Laundering Unit is prosecuting the case.
Detroit Man Pleads Guilty to Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – A Detroit man pleaded guilty today to possessing heroin with the intent to distribute the drug in Raleigh County.
According to court documents, on December 17, 2020, Martinis Irving, 44, of Detroit Michigan, was stopped on Interstate 77 near Beckley for speeding in a construction zone. After he was stopped, a drug dog alerted to the presence of drugs in the car being driven by Irving. Law enforcement officers then obtained a search warrant for the car and discovered approximately 1,100 grams of heroin hidden in the car. Irving ultimately admitted that the recovered heroin was his and that it was his intent to distribute the heroin within the Southern District of West Virginia.
Irving pleaded guilty to possession with intent to distribute 100 grams or more of heroin and faces a mandatory minimum period of at least five years and up to 40 years in federal prison when he is sentenced on August 6, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement. Assistant United States Attorney Timothy D. Boggess is prosecuting the case.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, with the assistance of the Drug Enforcement Administration (DEA), 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, conducted the investigation.
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-00011.
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Department of Justice Commemorates National Crime Victims’ Rights WeekRead the Press Release
Tampa, FL – Acting U.S. Attorney Karin Hoppmann joins the Department of Justice and communities nationwide in observing the 40th observance of National Crime Victims’ Rights Week, celebrating victims’ rights, protections, and services throughout the week. This year’s observance takes place April 18-24 and features the theme, “Support Victims. Build Trust. Engage Communities.”
“Every day, we bear witness to stirring acts of heroism on the part of compassionate and courageous advocates – and crime victims themselves,” said Attorney General Garland. “One of our responsibilities is to ensure that victims are informed, have a voice, and are supported in the healing process. To the exceptional men and women we honor today – thank you for your service to crime victims, for your commitment to the safety of your communities, and for working to make America a more just and more compassionate place.”
“We at the U.S. Attorney’s Office join our colleagues throughout the Department in recognizing throughout this week our fundamental mission – to prevent all members of our communities from being victimized by federal criminal conduct, and to respect and care for those who are harmed by federal crimes. We also honor all those, in the Middle District of Florida and beyond, who work to ensure the administration of justice for crime victims. Through their tireless efforts, expertise, advocacy, and care, these dedicated individuals, agencies, and organizations allow victims to enter the path of recovery and begin the restoration of their lives.”
Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims.
The Office for Victims of Crime, a component of the Department’s Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week (NCVRW).
“We come together each year during National Crime Victims’ Rights Week to show that we are united in our commitment to making sure all crime victims feel heard, respected and remembered,” said Office of Justice Programs Acting Assistant Attorney General Maureen A. Henneberg. “We honor these outstanding public safety professionals and advocates who work so hard to support crime victims as they walk the path from trauma to healing.”
According to the Department’s Bureau of Justice Statistics, 1.2 million Americans age 12 and older were victims of violent crime, excluding simple assault, in 2019, down from 1.4 million in 2018. An estimated 12.8 million U.S. households experienced one or more property victimizations. OVC supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
“It is important for us as a country to set aside time during National Crime Victims’ Rights Week to honor victims and to recognize those who advocate for resources and policies designed to meet the many serious challenges victims face,” said Office for Victims of Crime Acting Director Katherine Darke Schmitt. “Few people expect to be a victim, and no one deserves the pain and injustice that burden every crime survivor. We should take it upon ourselves this week, and every week, to show our unity with and compassion for those who have experienced the pain of victimization.”
During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns. For more information, please visit https://ovc.ojp.gov/program/national-crime-victims-rights-week/overview.
Davenport Man Sentenced to Prison for Drug and Firearm OffensesRead the Press Release
DAVENPORT, Iowa – On Thursday, April 22, 2021, United States District Court Judge Stephanie M. Rose sentenced Marion Joseph Hare, age 30, of Davenport, to 94 months in prison for Felon in Possession of a Firearm and Ammunition and Distribution of Methamphetamine announced Acting United States Attorney Richard D. Westphal. Hare was ordered to serve three years of supervised release to follow his prison term as well as pay $200 to the Crime Victims’ Fund.
In February of 2020 Hare sold ten ecstasy pills that contained methamphetamine to another person in exchange for $40. Later that month, law enforcement executed a search warrant on Hare’s known residence. In his bedroom officers located a loaded Ruger .380 pistol, two digital scales, a box of plastic sandwich baggies, one federal .380 round of ammunition, a box of 39 rounds of .22 caliber ammunition, and indicia indicating Hare lived in the residence. At the time of this incident Hare knew he had prior felony convictions for crimes punishable by imprisonment exceeding one year.
This matter was investigated by the Scott County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa. This case is part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.
Danville Man Sentenced to 87 Months for Child Pornography ChargeRead the Press Release
LEXINGTON, Ky.— A Danville, Ky., man, Leonard Riley, 45, was sentenced to 87 months in prison on Friday, before Chief U.S. District Judge Danny Reeves, after previously pleading guilty to transporting child pornography using the Internet.
According to Riley’s plea agreement, he admitted that on July 30, 2017, he was in possession of 23 images and two videos of child pornography on his smart phone. These images depicted children under 12 engaged in sexually explicit conduct. Riley further admitted that he knew the images he received, possessed, and transported through his computer involved minors engaged in sexually explicit conduct.
Riley pleaded guilty in January 2021.
Under federal law, Riley must serve 85 percent of his prison sentence, and upon his release from prison will be under the supervision of the U.S. Probation Office for 10 years.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Jerry Templet, Special Agent in Charge, Department of Homeland Security - Homeland Security Investigations; and Colonel Phillip Burnett, Commissioner of the Kentucky State Police, announced the sentence.
The investigation was conducted by DHS-HSI and KSP-Electronic Crime Branch. The United States was represented by Assistant U.S. Attorney David Marye.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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DEA Prepares for Prescription Drug Take Back DayRead the Press Release
KNOXVILLE, Tenn. On Saturday, April 24, from 10 a.m. to 2 p.m., the U.S. Drug Enforcement Administration will provide the public the opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. Location information is available from the DEA. These sites cannot accept liquids, needles, or sharps, only pills or patches, and this service is free and anonymous, no questions asked.
This April’s event is DEA’s 20th nationwide event since its inception 11 years ago. Last fall, Americans turned in nearly 883,000 pounds of prescription drugs at nearly 6,200 sites operated by the DEA and almost 5,000 from its state and local law enforcement partners. DEA and its partners have collected nearly 6,350 tons of expired, unused, and unwanted prescription medications since the inception of the National Prescription Drug Take Back Initiative in 2010.
To keep everyone safe, collection sites will follow CDC and regulations.
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses because of these drugs. In the United States, 85,500 people died of a drug overdose in just one year (August 2019-August 2020). This is the largest number of drug overdoses on record in the United States within a one-year period and a 27 percent increase in deaths year over year. Synthetic opioids, such as illicit fentanyl, are the primary drier of the increase in overdose deaths.
In addition to DEA’s National Prescription Drug Take Back Day, there are many other ways to dispose of unwanted prescription drugs every day, including the 11,000 authorized collectors that are available all year long. For more information, visit DEA’s year-round collection site locator. Participating in the next DEA Take Back Day on Saturday, April 24, simply means cleaning out your medicine cabinet or anywhere you keep unused, unwanted, or expired medications and dropping them off at your nearest collection site. You can learn more about the event and find a collection site at: [email protected], or call 800-882-9539.
The FDA also provides information on how to properly dispose of prescription drugs. More information is available here: https://www.fda.gov/consumers/consumer-updates/where-and-how-dispose-unused-medicines.
For more information about the disposal of prescription drugs or about the April 24 Take Back day event, go to DEA Drug Take Back event.
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Convicted Felon Sentenced for Flying Airplane Without a Pilot’s LicenseRead the Press Release
ALEXANDRIA, Va. – A five-time previously convicted felon was sentenced today to 14 months in prison for flying an airplane without a pilot’s license.
According to court documents, on September 27, 2018, Ryan Guy Parker, 31, of Fredericksburg, took an airplane at Shannon Airport in Fredericksburg for a joyride. Parker, who named his business “Outlaw Aviation,” was employed by the airplane’s owner to assemble the plane but had not yet completed the job. At the time of the flight, the airplane had a caster rear wheel, a plastic bicycle water bottle for radiator overflow, and duct tape on key parts of the aircraft.
Despite poor weather conditions, Parker flew just above Shannon Airport’s fuel tanks and twice crossed the airspace used by aircraft on approach to Shannon Airport’s main runway. He flew around the airport for 10 to 15 minutes at a dangerous altitude of around 500 feet. Parker did not possess a pilot’s license at the time of the flight.
According to court documents, the defendant has a lengthy criminal history with five prior felony convictions, including a previous conviction involving unlawful activity pertaining to aircraft. In that case, the defendant was found guilty in the Stafford County Circuit Court for destruction of property and unauthorized use of a vehicle in connection with a separate September 2018 incident that occurred at the Stafford Regional Airport.
On January 22, Parker pleaded guilty to serving as an airman without an airman’s certificate.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; and Jamie Mazzone, Mid-Atlantic Region Special Agent-In-Charge, U.S. Department of Transportation Office of Inspector General, made the announcement after sentencing by Senior U.S. District Judge T. S. Ellis, III.
Special Assistant U.S. Attorney Michael Lebowitz and Assistant U.S. Attorney Tony Roberts prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-78.
Concord Man Pleads Guilty to Methamphetamine Trafficking and Firearm OffensesRead the Press Release
CONCORD - Jason Manley, 32, of Concord, pleaded guilty in federal court to attempted possession of methamphetamine with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, in March of 2019, the United States Postal Inspection Service identified Manley as a customer of an illegal drug vendor operating on the internet. Between March of 2019 and July of 2020, postal inspectors intercepted four parcels addressed to Manley at his residence. Pursuant to search warrants, the seized parcels were found to contain a total of over 2.3 kilograms of highly-pure methamphetamine. On July 10, 2020, an undercover agent made a controlled delivery of an intercepted parcel to Manley’s residence. After Manley accepted the parcel, investigators executed a search warrant of his residence and recovered additional methamphetamine, a handgun and ammunition, $54,483 in cash, and additional items consistent with drug distribution activities.
Manley is scheduled to be sentenced on August 2, 2021. As part of his plea agreement, Manley has agreed to forfeit cash, a firearm, ammunition, jewelry, and other items seized during the investigation.
“Methamphetamine traffickers present a significant threat to the community because they are distributing an extremely dangerous drug,” said Acting U.S. Attorney Farley. “When drug dealers are armed, the risk to public safety is even greater. As this case demonstrates, we are working closely with our law enforcement partners to identify and prosecute the armed drug traffickers who do business in the Granite State.”
This matter was investigated by the United States Postal Inspection Service with assistance from the New Hampshire State Police. The case is being prosecuted by Assistant U.S. Attorney Cam Le.
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Colombian from Houston Pleads Guilty to Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LA – EDER QUINONES, age 35, a Colombian citizen who was living in Houston, Texas, pleaded guilty on April 14, 2021 before the Honorable Sarah S. Vance to a superseding indictment charging him with violating the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans.
According to the court records, QUINONES conspired to possess with the intent to distribute and to distribute a kilogram or more of a mixture or substance containing a detectable amount of heroin. QUINONES admitted to being the source of supply for a high-level drug trafficker who was moving kilogram quantities of heroin from Houston to New Orleans and serving as a high-level supplier for New Orleans. QUINONES acknowledged being captured on recorded calls as part of a lengthy Title III wire intercept and being arrested by the FBI in possession of a kilogram of heroin he was attempting to deliver to a New Orleans dealer. QUINONES admitted that he trafficked between 10 and 30 kilograms of heroin as part of the conspiracy.
Sentencing is scheduled for July 21, 2021. QUINONES faces a mandatory minimum term of imprisonment of at least 10 years up to a maximum of life, a fine of $10,000,000, and at least five years of supervised release following any term of imprisonment. QUINONES also faces a payment of a $100.00 special assessment fee.
This case was investigated by Special Agents of the Federal Bureau of Investigation. The prosecution is being handled by Assistant United States Attorney David Haller.
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Co-Founder of Hedge Fund Charged with $40 Million Securities Fraud SchemeRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, and Philip R. Bartlett, Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced today the arrest yesterday afternoon of ANDREW FRANZONE, the founder and former general partner of FF Fund I L.P. on charges of securities fraud and wire fraud for his role in a scheme to fraudulently induce more than 100 investors to invest approximately $40 million in his fund by, among other things, lying about the fund’s investment strategy, liquidity, and amount of assets under management. FRANZONE was arrested yesterday afternoon in Fort Lauderdale, Florida, on a criminal complaint (the “Complaint”) and will be presented before a magistrate judge in the Southern District of Florida.
Manhattan U.S. Attorney Audrey Strauss said: “Andrew Franzone allegedly promised his clients access to his successful liquid trading strategy and consistent, positive trading returns. As alleged, those promises were lies. Franzone lied about his fund’s investments and performance, and he lied in promising clients that they had could readily access their invested capital. While his investors lost money, Franzone enriched himself. We will continue to work with our law enforcement partners to protect investors from these types of deceptive practices.”
USPIS Inspector-in-Charge Philip R. Bartlett said: “Mr. Franzone allegedly misled investors to believe his fund was liquid and he could cover their redemption requests, in a scheme to lure them in to investing in his hedge fund. This should be a reminder that greed has no boundaries and does not care about a favorable portfolio. Postal Inspectors remind all investors to thoroughly check offers, and if they sound too good to be true, keep your money in the bank.”
As alleged in the Complaint unsealed today in Manhattan federal Court[1]:
FRANZONE co-founded Farrell Franzone Investments LLC in 2010. FRANZONE described Farrell Franzone as an opportunity for investors to invest, through the purchase of limited partnership (“LP”) interests, in a hedge fund purporting to trade preferred securities and options and to maintain a highly liquid portfolio for its investors. FRANZONE renamed the fund FF Fund I (“FF Fund”) in 2014, and served as its general partner from that time until approximately September 2019.
In connection with marketing the FF Fund to investors, FRANZONE touted FF Fund as a “multi-strategy investment program … focus[ed] on three unique asset classes: the preferred stock market, the option market, and the private investment portfolio.” When discussing FF Fund, FRANZONE assured investors that FF Fund was focused on trading in the preferred securities and options markets, which afforded its investors access to quarterly liquidity, and that FF Fund had a track record of consistent positive trading returns since its inception in August 2010.
FRANZONE’s representations about FF Fund’s strategy, liquidity, and performance were largely fabricated. Instead of engaging primarily in preferred securities and options trading that ensured the FF Fund’s liquidity, FRANZONE instead diverted more than 80% of FF Fund’s capital to high-risk, illiquid private investments, many of which were either worthless or significantly impaired. FRANZONE also misappropriated FF Fund’s assets to fund his own personal business interests, including the purchase of an airplane hangar, and lied to investors about FF Fund’s performance and assets under management.
Through these and other fraudulent misrepresentations and omissions, FRANZONE induced over 100 investors to invest more than $40 million in FF Fund. Despite showing investors positive trading returns as late as 2019, FF Fund was unable to fulfill redemption requests in early 2019 and is currently in the process of being liquidated.
* * *
FRANZONE, 44, of Fort Lauderdale, Florida, is charged with one count of securities fraud, which carries a maximum potential sentence of 20 years in prison, and one count of wire fraud, which carries a maximum potential sentence of 20 years in prison. The maximum potential penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Ms. Strauss praised the investigative work of the USPIS and thanked the U.S. Securities and Exchange Commission, which has separately filed a civil action against FRANZONE and FF Fund Management.
This case is being handled by the Office’s Securities and Commodities Task Force. Assistant United States Attorney Kiersten A. Fletcher is in charge of the prosecution.
The allegations contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
CARES Act Fraud Unit Bolstered with Appointment of New Assistant U.S. AttorneyRead the Press Release
PROVIDENCE – Acting United States Attorney Richard B. Myrus today announced the appointment and swearing-in of G. Michael Seaman IV as an Assistant United States Attorney in the District of Rhode Island.
Mr. Seaman has been assigned to the CARES Act Fraud Unit in the United States Attorney’s Office Criminal Division, the fourth Assistant United States Attorney assigned to work with federal and state law enforcement in the investigation and the federal prosecution of CARES Act fraud cases. To date, the CARES Act Fraud Unit has charged two-dozen individuals who allegedly targeted more than $30 million in federal CARES Act funding.
A native of Long Island, NY, Mr. Seaman graduated in 2011 from State University of New York at Albany. Mr. Seaman earned his Juris Doctor at State University of New York at Buffalo School of Law, graduating cum laude in 2014.
Mr. Seaman is a Marine Corps reservist, and a former active duty JAG for the USMC. As a Judge Advocate in Okinawa, Japan, he handled a variety of criminal offenses, although his primary focus was investigating and prosecuting Marines for government entitlements fraud. Prior to being stationed in Japan, Mike was stationed in Newport, RI.
Prior to joining the U.S. Attorney’s Office, G. Michael Seaman IV served as a Litigation Associate at Phillips Lytle, LLP in Buffalo, NY, where he managed and litigated a wide variety of matters, including civil actions, civil rights, data security, and fraud.
In welcoming Mr. Seaman’s to the United States Attorney’s Office, Acting United States Attorney Myrus said, “We are very pleased that AUSA Seamen is joining the Office. He is an experienced prosecutor with a demonstrated commitment to serving his country. He will be an excellent addition to our team prosecuting CARES Act fraud cases.
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Buffalo Man Sentenced to Prison for Firearm OffenseRead the Press Release
DAVENPORT, Iowa – On Wednesday, April 21, 2021, United States District Court Judge Stephanie M. Rose sentenced Bobby Wilson, III, age 23, of Buffalo, to 24 months in prison for Felon in Possession of a Firearm announced Acting United States Attorney Richard D. Westphal. Wilson was ordered to serve three years of supervised release to follow his prison term as well as pay $100 to the Crime Victims’ Fund.
This investigation began in January 2020 when police officers were dispatched to a disturbance at a bar in downtown Davenport. A report had been made regarding a male who stated he had a gun during a verbal altercation. Law enforcement made contact with the subject, later identified as Wilson, who ran to evade officers and resisted arrest when he was caught. Officers located a loaded Springfield XDS .45 caliber handgun in his sweatshirt pocket. At the time of this incident, Wilson knew he had a prior felony conviction for a crime punishable by a term of imprisonment exceeding one year and was prohibited from possessing a firearm.
This matter was investigated by the Davenport Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
This case is part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.
Buchanan County Man Pleads Guilty to Child Pornography ChargeRead the Press Release
ABINGDON, Va.- – A Whitewood, Virginia man pleaded guilty today to distributing child pornography using a means or facility of interstate commerce.
According to court documents, Jordan Seth Gross, 21, distributed child pornography to an undercover employee with the Federal Bureau of Investigation (FBI) in November 2020. Gross admitted today to using the KIK computer messenger application to communicate with others in a known child pornography chatroom. Gross accessed his KIK account from both his home in Whitewood, in Buchanan County, Virginia, and his place of employment at Buchanan General Hospital in Grundy, Virginia. Using that account, Gross distributed multiple videos of prepubescent females under the age of twelve engaged in sexually explicit conduct to an FBI employee working undercover in the chatroom. Gross admitted he had been distributing child pornography since he was fourteen years old.
“When individuals distribute images and videos of the sexual abuse of children on the internet, they continue these horrific crimes in perpetuity,” U.S. Attorney Bubar stated today. “I’m thankful for the good work of the FBI and Virginia State Police in this case, which ought to send the strong message to anyone tempted to exploit our children for their own abhorrent desires—we will find you and bring you to justice.”
“The innocence of young children should be nurtured, not tarnished via sexually explicit behavior, and then marketed through websites for the entertainment of predators,” Stanley M. Meador, Special Agent in Charge of the FBI’s Richmond Division said today. “Our investigators work tirelessly to identify these criminals and hold them accountable, but also to identify and provide helpful resources to these victims and their families. We are grateful for the partnership of the Virginia State Police and the United States Attorney's Office's for the Western District in this case.”
Gross pleaded guilty to one count of knowingly distributing one or more visual depictions of a minor engaging in sexually explicit conduct that has been mailed or transported in interstate or foreign commerce. He is scheduled to be sentenced on August 5, 2021 and faces a sentence of between 84-120 months imprisonment, followed by a period of supervised release.
The Federal Bureau of Investigation and Virginia State Police are investigating the case. Assistant U.S. Attorney Lena Busscher is prosecuting the case.
Brooksville Man Sentenced to More Than 10 Years for Selling MethamphetamineRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced James Carnley (58, Brooksville) to 10 years and 10 months in federal prison for selling methamphetamine and possessing firearms in furtherance of his drug trafficking offense. The court also ordered Carnley to forfeit three firearms, hundreds of rounds of ammunition, and $812, which had all been used by Carnley to facilitate his drug activities.
Carnley had pleaded guilty on March 6, 2020.
According to evidence presented during the sentencing hearing, Carnley had been selling ounce and kilogram quantities of methamphetamine out of his mobile home in Pasco County for years. On two dates in July 2018, the Pasco Sheriff’s Office (PSO) used a confidential informant to make quarter-ounce purchases of methamphetamine from Carnley. In August 2018, the PSO executed a search warrant at Carnley’s residence and seized approximately two ounces of methamphetamine, three firearms, hundreds of rounds of ammunition, and assorted paraphernalia used to package drugs for sale and consumption. At the time of Carnley’s arrest, he had been selling approximately a kilogram of methamphetamine per week.
This case was investigated by the Federal Bureau of Investigation, the Pasco Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Michael M. Gordon.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, Acting U.S. Attorney Karin Hoppmann coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Bristol Realtor Sentenced to 10 Years for Ponzi SchemeRead the Press Release
GREENEVILLE, Tenn. – On April 23, 2021, Tammy Lynn Hawk, 47, of Bristol, was sentenced by the Honorable Clifton L. Corker, in the United States District Court for the Eastern District of Tennessee at Greeneville.
As part of a negotiated plea agreement, Hawk pled guilty to an information in January 2021. The information charged Hawk with one count each of wire fraud, aggravated identity theft, money laundering, and making a false tax return. Hawk was sentenced to 10 years in prison, followed by three years’ supervised release. Hawk will be required to make restitution of $658,838 to her unpaid victims and $71,062 in unpaid taxes to the United States.
According to court records, Hawk was a well-established real estate agent in the Bristol, Tennessee area. Despite the success she enjoyed as a realtor, she ultimately used her knowledge, skills, and clientele to devise and operate a Ponzi-type scheme. Under her scheme, she would notify victim clients of large profits to be made with quick-flip properties, take cash from the victims, and ultimately repay earlier victims with funds she swindled from newer victims. Hawk defrauded at least 24 victims and, by the time her scheme was discovered, 12 victims remained unpaid and had lost over $500,000.
Hawk took extensive steps to hide and conceal her scheme as well, including false statements, sham real estate contracts, the use of electronic signing services, and forgery. Hawk also failed to disclose any of these matters in connection with a filed bankruptcy case. In addition to repaying earlier victims with funds she swindled, Hawk used proceeds from her offenses to fund her own lifestyle.
“Tammy Hawk’s fraudulent scheme not only betrayed her clients’ trust, but also caused them devastating financial harm,” said Acting United States Attorney Francis M. Hamilton III. “The Court’s sentence demonstrates that there will be serious consequences to criminals who perpetrate this brand of Ponzi scheme. This office values the collaboration among the numerous law enforcement agencies that supported this prosecution.”
“The Secret Service is proud to partner with the Bristol Police Department. The overwhelming success of this investigation is a testament to our belief that building strong, trusted partnerships across the law enforcement community is a proven model for success,” said Resident Agent in Charge Jason Brown, Secret Service - Knoxville Resident Office. “The Secret Service is committed to combatting financial crime, especially in cases where fraudsters take advantage of the trust and confidence of American citizens. The Secret Service, along with our local and federal partners, remain committed to aggressively protecting the nation from criminal opportunists who choose to exploit the American public.”
“This corruption ploy -- which destroyed the lives of many hard-working individuals -- ended today. This plea is the result of collaboration between the Sullivan County District Attorney’s Office and the U.S. Attorney’s Office,” said Second Judicial District Attorney Barry P. Staubus.
“The joint collaboration between these law enforcement agencies in a complex case such as this, is what ensures accountability is brought to Tammy Hawk for victimizing those who trusted her,” said Bristol Police Chief Blaine Wade.
The sentence was announced by Acting United States Attorney for the Eastern District of Tennessee Francis M. Hamilton III.
The criminal indictment was the result of an investigation by the Bristol Police Department, the Second District Attorney General’s Office for Sullivan County, the United States Secret Service, and IRS Criminal Investigations. The federal investigation was co-led by United States Secret Service Senior Special Agent Thomas Whitehead and IRS CI Special Agents Nicholas Worsham and Michael Whitesell.
Assistant U.S. Attorneys Mac Heavener and Todd Martin represented the United States.
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Beckley Man Sentenced to Federal Prison for Distributing MethamphetamineRead the Press Release
BECKLEY, W.Va. – A Beckley man was sentenced today to 45 months in federal prison for distributing methamphetamine. Isaiah Lamont Shaw, 21, was previously charged as a result of a joint investigation conducted by the Federal Bureau of Investigation (FBI) and the Beckley/Raleigh County Drug and Violent Crime Unit.
According to court documents, on October 30, 2019, Shaw met a confidential informant near a shopping center in Raleigh County and sold him more than five grams of methamphetamine. Shaw sold methamphetamine to the same confidential informant on four other occasions. Each transaction occurred within the Southern District of West Virginia. The drugs sold by defendant were tested by the DEA Drug Lab which established that the methamphetamine was between 92% and 98% pure.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the cooperative investigative efforts of the FBI and the Beckley/Raleigh County Drug and Violent Crime Unit.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge Frank W. Volk imposed the sentence.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:20-cr-00124.
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Bay Area Physician Charged in Alleged Scheme to Buy and Inject Misbranded or Adultered Botox and Juvederm SubstitutesRead the Press Release
SAN FRANCISCO – A federal grand jury handed down an indictment charging Lindsay Marie Clark with receiving, offering, and delivering misbranded drugs and misbranded and adulterated devices, in a scheme to buy at a discount and inject into patients products lacking FDA approval, announced Acting United States Attorney Stephanie M. Hinds and Lisa L. Malinowski, Special Agent in Charge of the Food and Drug Administration (FDA) Office of Criminal Investigations, Los Angeles Field Office.
The indictment, filed April 1, 2021, and unsealed earlier today, alleges that Clark, 44, of San Francisco, is a California physician, with practices in San Francisco and San Mateo, who specialized in procedures that use injectable drugs and devices for cosmetic or aesthetic purposes. The indictment explains that federal law regulates the manufacture, labeling, distribution, and administration of biologics, drugs, and devices shipped or received in interstate commerce. The law forbids, as a felony, the receipt and delivery of misbranded or adulterated products with intent to defraud and mislead. Regulated products include drugs such as injectable botulinum toxin and devices such as injectable hyaluronic acid dermal fillers. Under Congress’s regulatory scheme, the FDA approved the use of Botox®, the brand name of a drug derived from Botulinum Toxin Type A. In addition, the FDA approved the use of dermal fillers made from hyaluronic acid, as Class III medical devices, under the name Juvederm® and related names.
According to the indictment, from at least April 2016 until no earlier than February 2020, Clark obtained drugs and devices, represented by sellers to be foreign versions of Botox® and Juvederm®, that were not the subjects of FDA approval. Clark allegedly obtained these products from sources abroad, primarily by ordering the drugs and devices over the phone and internet. The indictment alleges that Clark purchased at least $270,951 worth of products from these foreign online “pharmacies” and “depots,” and obtained revenue from services rendered in connection with these products, perhaps more than $1,069,880.
The indictment alleges that Clark instructed staff to conceal the true identity, name, and source of these products from patients. The indictment also alleges that Clark had patients sign misleading “consent” forms that referred only to products approved by the FDA, rather than informing patients that they were receiving unlicensed and unapproved products. The indictment further alleges that Clark charged patients the same price for the “Botox” and “Juvederm” products whether the products were FDA-licensed and approved, or unlicensed and unapproved.
“Health care professionals who dispense and administer misbranded and adulterated prescription drugs and devices of unknown origin put the health of their patients at significant risk,” said Special Agent in Charge Lisa L. Malinowski, FDA Office of Criminal Investigations Los Angeles Field Office. “We will continue to pursue and bring to justice those who choose to subvert the safeguards of the legitimate drug and device regulatory regime and supply chain and jeopardize the public health.”
Clark is charged with receipt in interstate commerce of a drug that is misbranded, and a device that is adulterated and misbranded, and the delivery or proffered delivery thereof for pay or otherwise, with intent to defraud and mislead, in violation of 21 U.S.C. §§ 331(c), 333(a)(2). If convicted, she faces a maximum penalty of three years in prison and a maximum fine of $10,000. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Clark made an initial appearance today in federal court before the United States Magistrate Judge Jacqueline Scott Corley. She remains out of custody on bond. Her next scheduled appearance is for a status conference before Senior District Judge Susan Illston on June 4, 2021.
The charges contained in the indictment are mere allegations. As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law.
Assistant U.S. Attorney Joseph Tartakovsky is prosecuting this case with assistance from Laurie Worthen. The prosecution is a result of an investigation by the FDA’s Office of Criminal Investigations.
Baltimore Man Pleads Guilty to Federal Charge for Production of Child PornographyRead the Press Release
Baltimore, Maryland – Marcus Street, age 26, of Baltimore, Maryland, pleaded guilty today to enticing and persuading a minor victim to engage in sexually explicit conduct to produce child pornography, which Street admitted he also distributed.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI); Baltimore City’s State’s Attorney Marilyn J. Mosby; Commissioner Michael Harrison of the Baltimore Police Department (BPD); and Baltimore County Sheriff Jay Fisher.
According to Street’s guilty plea, in December 2019, HSI and BPD investigators conducted a forensic review of the of a 14-year-old victim’s cell phone. The review revealed six 15-second videos of the victim engaged in sexual acts with an adult man. In some of the videos, a distinctive tattoo on the man’s left forearm is visible. Further investigation identified Street as the man depicted in each of the videos.
Law enforcement interviewed Street on December 10, 2019, concerning his interaction with the victim. Street initially claimed that he did not engage in sexual acts with the minor victim. When law enforcement confronted Street with the video of him engaging in sex acts with a minor, Street stated “oh yeah, I did one time, I ain’t gonna lie I did”. Street also told law enforcement that he recorded the video. Following the interview, law enforcement obtained an arrest warrant and Street was arrested on January 6, 2020. After his arrest, Street was again questioned by law enforcement and admitted to engaging in sexually explicit conduct with the victim, stating, “That was it, that was the last time I did anything with this girl.”
Investigators subsequently executed search warrants on Street’s cell phone, social media account, and on the victim’s social media account. Review of Street’s cell phone revealed two minutes-long videos of him engaging in sex acts with the victim. A review of Street’s and the victim’s social media accounts showed that Street had sent shortened versions of those videos, 15 seconds in length, to the victim using social media.
Street faces a mandatory minimum sentence of 15 years in federal prison and a maximum of 30 years in federal prison for production of child pornography. U.S. District Judge George L. Russell has scheduled sentencing for August 19, 2021 at 12:30 a.m.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States 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 individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
Acting United States Attorney Jonathan F. Lenzner commended the HSI, the Office of the Baltimore City State’s Attorney, the Baltimore Police Department, and the Baltimore County Sheriff’s Office for their work in the investigation and thanked the Federal Bureau of Investigation for its assistance. Mr. Lenzner thanked Assistant U.S. Attorneys Daniel A. Loveland, Jr. and Ayn B. Ducao.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Attorney General Merrick Garland Recognizes Tricia L. Everest for Advocacy on Behalf of Crime VictimsRead the Press Release
OKLAHOMA CITY – Attorney General Merrick B. Garland today awarded the Volunteer for Victims Award to Tricia L. Everest for her advocacy on behalf of crime victims. Ms. Everest was among 13 individuals and teams from across the country who were honored for their work. The award recipients were recognized virtually during the annual National Crime Victims’ Service Awards Ceremony.
"Every day, we bear witness to stirring acts of heroism on the part of compassionate and courageous advocates – and crime victims themselves," said Attorney General Garland. "One of our responsibilities is to ensure that victims are informed, have a voice, and are supported in the healing process. To the exceptional men and women we honor today – thank you for your service to crime victims, for your commitment to the safety of your communities, and for working to make America a more just and more compassionate place."
Ms. Everest currently serves as the chair for Palomar, Oklahoma City’s Family Justice Center, which removes barriers for abuse victims to access the services they need, as well as the founding chair of ReMerge, which diverts mother from prison and empowers women to build healthy foundations for themselves and their children. Ms. Everest was previously the Oklahoma Assistant Attorney General, where she worked to help victims of crimes. She was also Chair of the Oklahoma County Criminal Justice Authority and provided oversight of finances and operations of the jail. Ms. Everest was inducted into the Oklahoma Hall of Fame in 2019 for her leadership of hope-inspiriting initiatives for people to build stronger lives after victimization. In March 2020, Governor Kevin Stitt announced that, pending confirmation by the Oklahoma State Senate, he was appointing Ms. Everest to be the Secretary of Public Safety, in part for her work on behalf of crime victims.
"Through her passionate and unwavering advocacy for victims of domestic violence, Tricia’s service is a tremendous asset to our Oklahoma communities," said Acting U.S. Attorney Robert Troester. "Her pioneering vision for Palomar set a new standard for local coordinated efforts to combat domestic violence, hold abusers accountable, and provide wholistic support for victims of abuse. It is a privilege to partner with Tricia and witness her influential passion for improving the safety and quality of our communities."
Ms. Everest and the other award recipients were selected from public nominations in 10 categories, including federal service, special courage, public policy and victim services. The Office for Victims of Crime, a component of the Department’s Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week (NCVRW). Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. The 40th observance of NCVRW takes place this year, April 18-24, and features the theme, “Support Victims. Build Trust. Engage Communities.”
"We come together each year during National Crime Victims’ Rights Week to show that we are united in our commitment to making sure all crime victims feel heard, respected and remembered," said Office of Justice Programs Acting Assistant Attorney General Maureen A. Henneberg. "We honor these outstanding public safety professionals and advocates who work so hard to support crime victims as they walk the path from trauma to healing."
According to the Department’s Bureau of Justice Statistics, 1.2 million Americans age 12 and older were victims of violent crime, excluding simple assault, in 2019, down from 1.4 million in 2018. An estimated 12.8 million U.S. households experienced one or more property victimizations. OVC supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
Following is a list of the all award recipients:
- The Volunteer for Victims Award recognizes individuals who serve without compensation.
Recipient: Tricia L. Everest, Nichols Hills, Oklahoma
- The Allied Professional Award recognizes individuals working outside the victim assistance field for their service to victims.
Recipient: Pfawnn Eskee, Montezuma Creek, Utah
- The Award for Professional Innovation in Victim Services recognizes a program, organization or individual who expands the reach of victims’ rights and services.
Recipient: JoNell Efantis Potter, PhD, Miami, Florida
- The Federal Service Award recognizes federal agency personnel for service to victims of federal, tribal or military crimes.
Recipient: Acquanette Lindsay, Dayton, Ohio
- The First Responders Award recognizes an individual from the law enforcement, emergency services, firefighters and rescue professions for extraordinary acts of valor toward crime victims.
Recipients: John Guard, Greenville, North Carolina; and Robin Taylor, Chardon, Ohio
- The National Crime Victim Service Award honors extraordinary efforts to provide direct services to crime victims.
Recipient: The Vegas Strong Resiliency Center, Las Vegas, Nevada; and Jennifer Dunn, Waukesha, Wisconsin
- The Ronald Wilson Reagan Public Policy Award honors leadership, innovation and vision that lead to noteworthy changes in public policy on behalf of crime victims.
Recipient: Jeannette M. Adkins, Bellbrook, Ohio
- The Special Courage Award honors extraordinary bravery in the aftermath of a crime or courageous act on behalf of a victim or potential victim.
Recipients: Jennifer Elmore, Chapel Hill, North Carolina; and Jennifer Luther, Tallahassee, Florida
- The Tomorrow’s Leaders Award recognizes youth up to 24 years old for efforts to support crime victims.
Recipient: Sachiri Henderson, Shreveport, Louisiana
- The Victims Rights Legend Award recognizes an individual whose work over an extended period of time has resulted in positive and substantial change in the field of victim advocacy and/or victims’ rights.
Recipient: Victor I. Vieth, Lewiston, Minnesota
"It is important for us as a country to set aside time during National Crime Victims’ Rights Week to honor victims and to recognize those who advocate for resources and policies designed to meet the many serious challenges victims face," said Office for Victims of Crime Acting Director Katherine Darke Schmitt. "Few people expect to be a victim, and no one deserves the pain and injustice that burden every crime survivor. We should take it upon ourselves this week, and every week, to show our unity with and compassion for those who have experienced the pain of victimization."
To see the complete list of awardees and learn more about past NCVRW recipients, visit www.ovc.gov/gallery.
- The Volunteer for Victims Award recognizes individuals who serve without compensation.
Attorney General Merrick Garland Recognizes John Guard of Pitt County for Advocacy on Behalf of Crime VictimsRead the Press Release
RALEIGH, N.C. – Attorney General Merrick B. Garland today awarded the First Responders Award to John Guard of Greenville for his advocacy on behalf of crime victims. Mr. Guard was among 13 individuals and teams from across the country who were honored for their work. The award recipients were recognized virtually during the annual National Crime Victims’ Service Awards Ceremony.
“Every day, we bear witness to stirring acts of heroism on the part of compassionate and courageous advocates – and crime victims themselves,” said Attorney General Garland. “One of our responsibilities is to ensure that victims are informed, have a voice, and are supported in the healing process. To the exceptional men and women we honor today – thank you for your service to crime victims, for your commitment to the safety of your communities, and for working to make America a more just and more compassionate place.”
John Guard is a Chief Deputy with the Pitt County Sheriff’s Office in Greenville, North Carolina, with over 28 years of experience, including line level response, investigative response, first and second level supervision, and agency management. For almost two and a half decades, he has specialized in investigating domestic violence cases. He has been instrumental in developing policies and procedures related to domestic violence response in Pitt County and the State of North Carolina. Legislators and victim advocates have consulted Chief Guard on the creation of state legislation for domestic violence response, including House Bill 1354, which granted powers of arrest to law enforcement for violation of pretrial release, mandated law enforcement training, and elevated strangulation to a felony crime; and Senate Bill 919, which provides stronger firearm removal provisions for offenders who are subject to a domestic violence protection order.
Chief Guard serves as the chair of the Pitt Domestic Violence Fatality Review Team and was instrumental in its creation. He is a past member and Chair of the Law Enforcement Policy Committee of the North Carolina Domestic Violence Commission, and a past member and Executive Board President of the North Carolina Victim’s Assistance Network. He has participated is several local, state, and federal focus groups that have examined the impact of domestic violence on society. Chief Guard has received numerous awards for his efforts related to domestic violence prevention, including awards from the North Carolina Coalition Against Domestic Violence, the North Carolina Victims Assistance Network, and the Sunshine Lady Foundation.
“John Guard spent his career tirelessly working and advocating for the rights of Domestic Violence victims,” stated Acting United States Attorney G. Norman Acker, III. “He not only investigated hundreds of cases of Domestic Violence, he also willing shared his expertise by training thousands of officers and domestic violence advocates during conferences sponsored by my Office.”
Mr. Guard and the other award recipients were selected from public nominations in 10 categories, including federal service, special courage, public policy and victim services. The Office for Victims of Crime, a component of the Department’s Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week (NCVRW). Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. The 40th observance of NCVRW takes place this year, April 18-24, and features the theme, “Support Victims. Build Trust. Engage Communities.”
“We come together each year during National Crime Victims’ Rights Week to show that we are united in our commitment to making sure all crime victims feel heard, respected and remembered,” said Office of Justice Programs Acting Assistant Attorney General Maureen A. Henneberg. “We honor these outstanding public safety professionals and advocates who work so hard to support crime victims as they walk the path from trauma to healing.”
According to the Department’s Bureau of Justice Statistics, 1.2 million Americans age 12 and older were victims of violent crime, excluding simple assault, in 2019, down from 1.4 million in 2018. An estimated 12.8 million U.S. households experienced one or more property victimizations. OVC supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
Following is a list of the all award recipients:
- The Allied Professional Award recognizes individuals working outside the victim assistance field for their service to victims.
Recipient: Pfawnn Eskee, Montezuma Creek, Utah
- The Award for Professional Innovation in Victim Services recognizes a program, organization or individual who expands the reach of victims’ rights and services.
Recipient: JoNell Efantis Potter, PhD, Miami, Florida
- The Federal Service Award recognizes federal agency personnel for service to victims of federal, tribal or military crimes.
Recipient: Acquanette Lindsay, Dayton, Ohio.
- The First Responders Award recognizes an individual from the law enforcement, emergency services, firefighters and rescue professions for extraordinary acts of valor toward crime victims.
Recipients: John Guard, Greenville, North Carolina; and Robin Taylor, Chardon, Ohio
- The National Crime Victim Service Award honors extraordinary efforts to provide direct services to crime victims.
Recipient: The Vegas Strong Resiliency Center, Las Vegas, Nevada; and Jennifer Dunn, Waukesha, Wisconsin
- The Ronald Wilson Reagan Public Policy Award honors leadership, innovation and vision that lead to noteworthy changes in public policy on behalf of crime victims.
Recipient: Jeannette M. Adkins, Bellbrook, Ohio
- The Special Courage Award honors extraordinary bravery in the aftermath of a crime or courageous act on behalf of a victim or potential victim.
Recipients: Jennifer Elmore, Chapel Hill, North Carolina; and Jennifer Luther, Tallahassee, Florida
- The Tomorrow’s Leaders Award recognizes youth up to 24 years old for efforts to support crime victims.
Recipient: Sachiri Henderson, Shreveport, Louisiana
- The Victims Rights Legend Award recognizes an individual whose work over an extended period of time has resulted in positive and substantial change in the field of victim advocacy and/or victims’ rights.
Recipient: Victor I. Vieth, Lewiston, Minnesota
- The Volunteer for Victims Award recognizes individuals who serve without compensation.
Recipient: Tricia L. Everest, Nichols Hills, Oklahoma
“It is important for us as a country to set aside time during National Crime Victims’ Rights Week to honor victims and to recognize those who advocate for resources and policies designed to meet the many serious challenges victims face,” said Office for Victims of Crime Acting Director Katherine Darke Schmitt. “Few people expect to be a victim, and no one deserves the pain and injustice that burden every crime survivor. We should take it upon ourselves this week, and every week, to show our unity with and compassion for those who have experienced the pain of victimization.”
During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns.
To see the complete list of awardees and learn more about past NCVRW recipients, visit www.ovc.gov/gallery.
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Attorney General Merrick Garland Recognizes Individuals and Organizations for Service to Crime VictimsRead the Press Release
Attorney General Merrick B. Garland today recognized 13 individuals and teams for their advocacy on behalf of victims of crime. The award recipients were honored virtually during the annual National Crime Victims’ Service Awards Ceremony.
“Every day, we bear witness to stirring acts of heroism on the part of compassionate and courageous advocates – and crime victims themselves,” said Attorney General Garland. “One of our responsibilities is to ensure that victims are informed, have a voice, and are supported in the healing process. To the exceptional men and women we honor today – thank you for your service to crime victims, for your commitment to the safety of your communities, and for working to make America a more just and more compassionate place.”
The awardees were selected from public nominations in 10 categories, including federal service, special courage, public policy and victim services. The Office for Victims of Crime (OVC), a component of the Department’s Office of Justice Programs (OJP), leads communities across the country in observing National Crime Victims’ Rights Week (NCVRW). Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. The 40th observance of NCVRW takes place this year, April 18-24, and features the theme, “Support Victims. Build Trust. Engage Communities.”
According to the Department’s Bureau of Justice Statistics, 1.2 million Americans age 12 and older were victims of violent crime, excluding simple assault, in 2019, down from 1.4 million in 2018. An estimated 12.8 million U.S. households experienced one or more property victimizations. OVC supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
“We come together each year during National Crime Victims’ Rights Week to show that we are united in our commitment to making sure all crime victims feel heard, respected and remembered,” said OJP Acting Assistant Attorney General Maureen A. Henneberg. “We honor these outstanding public safety professionals and advocates who work so hard to support crime victims as they walk the path from trauma to healing.”
Following is a list of the award recipients:
- The Allied Professional Award recognizes individuals working outside the victim assistance field for their service to victims.
Recipient: Pfawnn Eskee, Montezuma Creek, Utah.
- The Award for Professional Innovation in Victim Services recognizes a program, organization or individual who expands the reach of victims’ rights and services.
Recipient: JoNell Efantis Potter, PhD, Miami, Florida.
- The Federal Service Award recognizes federal agency personnel for service to victims of federal, tribal or military crimes.
Recipient: Acquanette Lindsay, Dayton, Ohio.
- The First Responders Award recognizes an individual from the law enforcement, emergency services, firefighters and rescue professions for extraordinary acts of valor toward crime victims.
Recipients: John Guard, Greenville, North Carolina; and Robin Taylor, Chardon, Ohio.
- The National Crime Victim Service Award honors extraordinary efforts to provide direct services to crime victims.
Recipient: The Vegas Strong Resiliency Center, Las Vegas, Nevada; and Jennifer Dunn, Waukesha, Wisconsin.
- The Ronald Wilson Reagan Public Policy Award honors leadership, innovation and vision that lead to noteworthy changes in public policy on behalf of crime victims.
Recipient: Jeannette M. Adkins, Bellbrook, Ohio.
- The Special Courage Award honors extraordinary bravery in the aftermath of a crime or courageous act on behalf of a victim or potential victim.
Recipients: Jennifer Elmore, Chapel Hill, North Carolina; and Jennifer Luther, Tallahassee, Florida.
- The Tomorrow’s Leaders Award recognizes youth up to 24 years old for efforts to support crime victims.
Recipient: Sachiri Henderson, Shreveport, Louisiana.
- The Victims Rights Legend Award recognizes an individual whose work over an extended period of time has resulted in positive and substantial change in the field of victim advocacy and/or victims’ rights.
Recipient: Victor I. Vieth, Lewiston, Minnesota.
- The Volunteer for Victims Award recognizes individuals who serve without compensation.
Recipient: Tricia L. Everest, Nichols Hills, Oklahoma.
“It is important for us as a country to set aside time during National Crime Victims’ Rights Week to honor victims and to recognize those who advocate for resources and policies designed to meet the many serious challenges victims face,” said OVC Acting Director Katherine Darke Schmitt. “Few people expect to be a victim, and no one deserves the pain and injustice that burden every crime survivor. We should take it upon ourselves this week, and every week, to show our unity with and compassion for those who have experienced the pain of victimization.”
During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns.
To learn more about past NCVRW recipients, visit www.ovc.gov/gallery.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Aryan Brotherhood Member Receives More Than 14 Years in Prison for His Involvement in a Methamphetamine Trafficking OrganizationRead the Press Release
NEW BERN, N.C. – Brian Pearce, 27, of Onslow County was sentenced today to 176 months in prison for Conspiracy to Distribute and Possess With Intent to Distribute Five Hundred (500) Grams or More of Methamphetamine and Possession With Intent to Distribute a Quantity of Methamphetamine. On June 4, 2020, Pearce pled guilty to these charges.
According to court documents and evidence presented in court, on April 12, 2019, Pearce, Bradley Henderson and a third person drove to a residence in the Farmville area to purchase a pound of methamphetamine. They had previously paid for the methamphetamine. The three were waiting for the methamphetamine and concerned they were going to be robbed. Pearce kicked in the door of the residence. Pearce produced a handgun and fired a round into the floor and demanded the methamphetamine. They received 8 ounces of methamphetamine and left. On the way back they observed a police checkpoint. They failed to stop at the checkpoint. Officers pursued the vehicle which made one turn and abruptly stopped when Pearce jumped out of the vehicle and fled on foot. Pearce hid the methamphetamine and handgun in the woods. Pearce returned for the items after he bonded out of jail and retrieved the methamphetamine but was unable to find the handgun. The handgun was later recovered by law enforcement.
On May 6, 2019, the Holly Ridge Police Department conducted a traffic stop where Pearce was the driver. Two bags of methamphetamine were recovered from the driver’s seat and two bags of methamphetamine were recovered from Pearce. Additionally, officers located chunks of loose methamphetamine scattered in the front passenger area.
On May 22, 2019, the Onslow County Sheriff’s Office detectives conducted surveillance at a residence in Snead’s Ferry for narcotics and gang activity. Pearce was a passenger in a truck outside of the residence. Pearce was detained at the scene; he requested a cigarette from a pack inside the truck. A detective retrieved the cigarette pack and located a small quantity of methamphetamine. Detectives searched the residence which also appeared to be a clubhouse for the gang and found more than an ounce of methamphetamine, several firearms and gang paraphernalia. According to law enforcement Pearce was a member of the Aryan Brotherhood and occupied a position of leadership in the organization.
The investigation uncovered that between 2016 and May 22, 2019, Pearce was involved in the distribution of nearly four kilograms of methamphetamine. Pearce and another person had also exchanged methamphetamine for heroin in the Maple Hill Area.
Bradley Henderson was previously sentenced federally for his role in this conspiracy and received an active sentence of 110 months.
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. This OCDETF focuses on a Multi-State Drug Trafficking Organization and Gang Activity that has been responsible for the distribution of large quantities extremely pure methamphetamine throughout the United States.
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 Louise W. Flanagan. The Drug Enforcement Administration, the bureau of Alcohol, Tobacco and Firearms, the Duplin County Sheriff’s Office, the Onslow County Sheriff’s Office, and the Holly Ridge Police Department investigated the case and Assistant U.S. Attorney Timothy Severo prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:19-CR-139-FL-5.
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Army Veteran Pleads Guilty to Federal Charges in Maryland for Supplying Forged Military Discharge Certificates to Individuals Applying for Military Waivers to Obtain Commercial Driver’s LicensesRead the Press Release
Greenbelt, Maryland – Philip Mungin, age 58, of Bryans Road, Maryland, pleaded guilty today to forgery of a military discharge certificate and identity theft, in connection with a scheme in which Mungin provided fraudulent DD-214 discharge certificates to individuals for fraudulent military waiver applications for commercial driver’s licenses in exchange for payment.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Jamie Mazzone, U.S. Department of Transportation, Office of Inspector General, Washington Regional Office; and Special Agent in Charge Christopher Dillard of the Defense Criminal Investigative Service - Mid-Atlantic Field Office.
According to his guilty plea, between 1997 and 1999, Mungin was enlisted in the Army. Upon Mungin’s discharge in 1999, Victim 1, was the “Senior Transition Specialist” who helped process Mungin’s discharge and signed Mungin’s military discharge certificate, known as the DD-214.
Federal law mandates that drivers of commercial vehicles, such as tractor-trailers and semi-trucks, obtain a commercial driver’s license (CDL). Among other requirements, CDL applicants must pass both a written test and a driving skills test. Third-parties, such as driving schools, are authorized to train prospective CDL holders and administer the necessary tests, however, this training generally takes weeks to complete and may cost students $3,000 to $7,000. The Department of Transportation implemented a program in 2011, aimed at helping U.S. military veterans to get jobs by allowing states to waive the driving skills test for U.S. military veterans who could provide proof that they had been trained to operate the relevant vehicles in the military. To demonstrate their eligibility, veterans had to submit their DD-214 and complete an application, signed by the applicant’s commanding officer to certify that they had the relevant driving experience.
As detailed in the plea agreement, in December 2018, employees at the Maryland Motor Vehicle Administration (MVA) office in Waldorf, Maryland, became suspicious of waiver documents submitted by an applicant and confronted the applicant. The applicant, who had never been in the military, identified Mungin as the person who offered to help him get a CDL by submitting falsified military paperwork. MVA investigators subsequently learned that 44 individuals had submitted fraudulent waiver applications. Many of the drivers who obtained CDLs based on fraudulent military paperwork identified Mungin as the person who helped them. Thirty-four of the fraudulent applications had Victim 1’s name and title at the bottom of the form, many of which included a forged or photocopied version of Victim 1’s signature. The certifying commanding officer on nearly all of the fraudulent waiver forms was the same, a purported colonel. Department of Defense records showed that no person by that name had ever served in the U.S. military.
Specifically, Mungin admits that he falsified DD-214s and military waiver forms for drivers wanting to obtain CDLs, in exchange for the drivers paying Mungin—reportedly between $500 to $2,000 each. Employees at the Waldorf MVA were familiar with Mungin because he often accompanied applicants with fraudulent paperwork to obtain their licenses, typically wearing a military uniform while doing so. At times, Mungin told the employees he was a member of the military police accompanying members who were about to be discharged to obtain their CDLs. At least one fraudulent CDL was issued in Virginia using the same forged DD-214 that Mungin had used with the Maryland drivers. In that application, Mungin listed himself as the commanding officer on the waiver form.
Mungin acknowledged that he received between $15,000 and $40,000 to create false military paperwork, including DD-214s, to assist drivers in fraudulently obtaining CDLs.
As part of his plea agreement, Mungin will be required to forfeit any money, property, or assets derived as a result of, or used to facilitate, the commission of his illegal activities, and will also be required to pay a money judgment of $2,000.
Mungin faces a maximum sentence of one year in federal prison for forgery of a military discharge certificate and a maximum of 15 years in federal prison for identity theft. U.S. District Judge Paula Xinis has scheduled sentencing for August 16, 2021 at 10:00 a.m.
Acting United States Attorney Jonathan F. Lenzner commended the DOT OIG, DCIS, and the Maryland MVA Office of Investigations and Internal Affairs for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Catherine K. Dick, who is prosecuting the case.
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Acting U.S. Attorney promotes 20th National Prescription Drug Take Back DayRead the Press Release
WHEELING, WEST VIRGINIA – Acting U.S. Attorney Randolph J. Bernard is asking all residents in the Northern District of West Virginia to rid their homes of unwanted and used medications easily and safely.
The Drug Enforcement Administration (DEA) is holding its 20th National Prescription Drug Take Back Day on Saturday, April 24 at locations across the country. The nationwide event aims to provide a safe, convenient, and responsible means of disposing of prescription drugs, while also educating the general public about the potential for abuse of medications.
“Too many times, prescription medications end up in the wrong hands. If you have unwanted and unused medications in your home, you could potentially be harming someone you care about,” said Bernard. “Drug Take Back Day is a safe and convenient way to ensure your loved ones and friends remain safe.”
Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.
Collection sites will adhere to local COVID-19 guidelines and regulations in order to maintain the safety of all participants and local law enforcement.
DEA encourages the public to reach out to their local law enforcement to find out if they have any permanent drug disposal locations throughout their local community.
DEA and its partners will collect tablets, capsules, patches, and other solid forms. DEA will also accept vape pens or other e-cigarette devices from individual consumers, only after the batteries are removed from the devices. If the battery cannot be removed, individual consumers can check with large electronic chain stores who may accept the vape pen or e-cigarette devices for proper disposal. Liquids, including intravenous solutions, syringes and other sharps, and illegal drugs cannot be dropped off. This service is free and anonymous, no questions asked.