Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Monday 19 April 2021
Former Peckerwoods Motorcycle Club President Sentenced to 15 Years in Prison for Methamphetamine Trafficking ConspiracyRead the Press Release
Assistant U. S. Attorneys Matthew Brehm (619) 546-8983
NEWS RELEASE SUMMARY – April 19, 2021
SAN DIEGO – Steven Edwards Moncrief, a Temecula resident and former president of the Riverside chapter of the Peckerwoods Motorcycle Club, was sentenced in federal court today to 180 months in prison for participating in a conspiracy to distribute methamphetamine.
According to the government’s sentencing memorandum, Moncrief displayed symbols of hate on his clothing, motorcycle and in his home, including banners and stickers that said “Support Your Local White Boy” and “White Pride Worldwide,” and patches featuring Nazi SS Bolts - sentiments that are shared by the club.
“The trafficking of narcotics in our community to support a hateful ideology will not be tolerated,” said Acting U.S. Attorney Randy Grossman. “This conviction demonstrates that we will pursue our investigations past the foot soldiers of trafficking conspiracies to those who organize and manage the enterprises.”
Moncrief pleaded guilty in October of 2020. According to search warrants executed in this case, starting in December 2017, the FBI, working in conjunction with the San Diego County Sheriff's Department, started an operation to investigate methamphetamine distribution by multiple individuals in the San Diego area. The investigation included the use of court-authorized intercepts on cellular phones used by participants in the methamphetamine distribution conspiracy.
In his plea agreement, Moncrief admitted that, beginning in 2018, he conspired with others to distribute methamphetamine to individuals within the Southern District of California and beyond. Specifically, Moncrief obtained methamphetamine from other co-conspirators and sold it for a profit.
Moncrief admitted that he purchased 10 pounds of methamphetamine in July 2018 and that investigators thereafter located approximately 10 pounds of methamphetamine, three firearms, a large amount of U.S. currency, scales, and packaging material in a safe in the garage of his residence.
“Today’s sentence sends a message to those who choose to poison our streets through their life of crime,” said FBI Special Agent in Charge Suzanne Turner. “The San Diego FBI, along with our partners on the North County Regional Gang Task Force, are committed to keeping our communities safe, flushing out the leadership in these criminal organizations, and holding them accountable for their conspiratorial actions.”
According to the sentencing memorandum, the Peckerwoods Motorcycle Club was founded in early 2005 in East San Diego County and has chapters in California, Arizona, and Nevada. The organization of the Peckerwoods Motorcycle Club is similar to larger motorcycle clubs, including the Hells Angels MC and Mongols MC. Their structure consists of a president, vice president, sergeant at arms, secretary, treasurer, road captain, prospects, and hang-arounds.
The sentencing memorandum notes that, in response to the Hollister, California riot in 1949, the American Motorcycle Association stated that 99 percent of motorcyclists are law-abiding citizens, implying that “1%” of motorcyclists are outlaws. Some motorcycle clubs, including the Peckerwoods Motorcycle Club, wear a “1%” diamond patch to openly show their outlaw mentality. The “1%” diamond patch is only worn by dominant clubs, or by clubs that were awarded the patch from a dominant club by proving themselves as an outlaw and support club. The Peckerwoods Motorcycle Club were awarded or “blessed” with their diamond patch by the Hells Angles MC.
The sentencing memorandum states that Peckerwoods Motorcycle Club members have been convicted of multiple crimes including drug and weapons trafficking, possession of stolen property, and assault. Their current club president has pleaded guilty to a racially motivated assault that left an African-American man paralyzed. Members often display symbols of hate on their vests, or “cuts,” including Nazi SS Bolts and Swastikas.
Moncrief was one of 11 defendants charged with conspiring to distribute methamphetamine in an investigation led by the North County Regional Gang Task Force. The continuing investigation resulted in indictments against another 27 defendants in 2019 based on sales of methamphetamine and heroin. To date, 26 defendants have been arrested and pleaded guilty.
Grossman praised federal prosecutor Matthew Brehm, FBI agents and Sheriff’s detectives as well as the North County Regional Gang Task Force for their dedicated efforts in this investigation and prosecution.
On July 26, 2018, investigators executed a search warrant at Moncrief’s residence at Tanager Circle in Temecula, California, and located, among other items, approximately 10 pounds of methamphetamine, three handgun firearms (.40 Smith and Wesson, American Tactical “Fatboy,” and Ruger 9 mm), a large amount of U.S. currency, scales, and packaging material in a safe in the garage. The photographs above are a business card that was seized along with Moncrief’s drivers license during the execution of a search warrant at Moncrief’s residence. The business card, using Moncrief’s moniker “Scooter,” names him as president of the “Woodsside” Chapter and utilizes a handwritten Nazi Germany Schutzstaffel (SS) symbol (also known as SS Bolts) in place of S’s in “Woodsside.”
DEFENDANT Case Number 18cr5317-AJB
Stephen Edward Moncrief Age: 59 Temecula, CA
SUMMARY OF CHARGES
Conspiracy to Distribute Methamphetamine – Title 21, U.S.C., Sections 841(a)(1) and 846
Maximum penalty: life in prison; and a mandatory minimum 10 years in prison; and a $10 million fine.
AGENCIES
North County Regional Gang Task Force members:
FBI
San Diego County Sheriff’s Department
Escondido Police Department
Oceanside Police Department
Carlsbad Police Department
California Highway Patrol
California Department of Corrections and Rehabilitation
Homeland Security Investigations
Bureau of Alcohol, Tobacco, Firearms, and Explosives
California National Guard
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
[1] “Created by former Alabama Klan boss and long-time white supremacist Don Black in 1995, Stormfront was the first major hate site on the Internet. Claiming more than 300,000 registered members as of May 2015 (though far fewer remain active), the site has been a very popular online forum for white nationalists and other racial extremists.” See https://www.splcenter.org/fighting-hate/extremist-files/group/stormfront.
Former Orange County Social Worker Who Distributed Child Pornography Videos Sentenced to 8 Years in Federal PrisonRead the Press Release
SANTA ANA, California – A former social worker in Orange County was sentenced today to 96 months in federal prison for distributing computer video files that contained sexually explicit videos depicting children, including infants and toddlers.
Carlos Castillo, 62, of Santa Ana, was sentenced by United States District Judge Cormac J. Carney, who also ordered Castillo to pay $40,000 in restitution to his victims. Castillo, who was remanded into federal custody today, pleaded guilty on January 11 to a single-count information charging him with distribution of child pornography.
Castillo worked at Orange County’s Social Services Agency from May 2002 to January 2020. Beginning in August 2007, Castillo was a placement senior social worker whose responsibilities included assessing applicants’ suitability to provide care of children who are in protective custody, completing a home and grounds environment assessment, and placing children into homes.
In November 2019, Castillo knowingly distributed child pornography consisting of three video files to an undercover law enforcement official. Castillo, using the screen name “Ratster12” as a member of a child pornography group that used the LiveMe application, posted a link to another webpage containing three videos depicting prepubescent children, including infants and toddlers, who were being sexually assaulted by adults and other children.
Castillo admitted in his plea agreement that in January 2020 he possessed a Dell computer, two flash drives and an Apple iPhone that contained at least 1,027 videos and 914 images of child pornography. Castillo further admitted that he possessed videos of minors undressing that Castillo had recorded from LiveMe. In addition, he admitted to possession of pictures of minors in public without the authorization or knowledge of the minors or their parents.
“The victims (and their families) must live with the reality that images and videos of their childhood victimization will live on in the Internet forever,” prosecutors wrote in their sentencing memorandum.
The FBI investigated this matter.
Assistant United States Attorney Vibhav Mittal of the Santa Ana Branch Office prosecuted this case.
Former Health Care Staffing Company Executives Charged in Superseding Indictment with Wage Fixing and ObstructionRead the Press Release
Note: Click to view superseding indictment.
SHERMAN, Texas – A federal grand jury in Sherman, Texas, returned a superseding indictment charging two Texas men with engaging in wage fixing and obstructing a federal investigation, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Neeraj Jindal, the former owner of a Texas-based therapist staffing company, and John Rodgers, a physical therapist and the clinical director of Jindal’s company, are charged with conspiring to fix prices, in violation of the Sherman Act, and with conspiring to obstruct a Federal Trade Commission (FTC) investigation. Both defendants are also charged with obstruction of an FTC investigation.
According to the four-count superseding indictment, in 2017, Jindal, Rodgers, and their co-conspirators agreed to pay lower rates to certain physical therapists and physical therapist assistants in North Texas. Their company, in turn, paid the agreed lower rates for several months after entering into the agreement.
Jindal and Rodgers also conspired to obstruct an FTC investigation and to obstruct proceedings occurring before the FTC. In furtherance of the conspiracy, Jindal and Rodgers made false and misleading statements and withheld and concealed information during the FTC’s investigation to determine whether their company or other therapist staffing companies violated the Federal Trade Commission Act.
The superseding indictment follows an indictment returned against Jindal in December 2020 for violating the Sherman Act and obstructing an FTC investigation.
“Wage-fixing agreements are, at their core, an attempt to artificially rig the labor market to depress wages and deprive workers of competitive salaries and benefits,” said Acting U.S. Attorney Nicholas J. Ganjei. “The present charges demonstrate that the Department of Justice and its partner agencies will not stand by and allow the exploitation of American workers and the manipulation of the marketplace.”
“The charges announced today underscore the Antitrust Division’s ongoing commitment to enforcing antitrust laws, particularly when the victims are American workers who deserve the benefits of competitive wages, mobility, and competition among employers for their services,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department's Antitrust Division. “This prosecution also demonstrates how seriously we take our obligation to protect the integrity of investigations into anticompetitive conduct, whether those investigations are conducted by the Department of Justice or another agency.”
A violation of the Sherman Act carries a statutory maximum penalty of 10 years in prison and a $1 million fine for individuals. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than $1 million. The charged conspiracy to commit obstruction and obstruction offenses carry statutory maximum penalties of five years imprisonment and a $250,000 fine.
The charges in this case were brought in connection with the Antitrust Division’s ongoing commitment to prosecute anticompetitive conduct affecting American labor markets. Anyone with information on market allocation or price fixing by employers should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.
This case is being investigated by the Federal Bureau of Investigation’s International Corruption Unit and prosecuted by the Antitrust Division’s Washington Criminal I and II Sections with the assistance of United States Attorney’s Office for the Eastern District of Texas.
It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
###
Final Defendant in Nine-Person Transnational Drug Trafficking Conspiracy SentencedRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Jesus Cortez (40) of Lansing, Michigan was sentenced by United States District Judge Paul L. Maloney to 137 months imprisonment for his role in a nine-person drug trafficking conspiracy. The drug trafficking conspiracy involved current and former inmates of the Michigan Department of Corrections procuring methamphetamine and heroin from Mexico and distributing the drugs in West Michigan and elsewhere. The conspiracy spanned eleven counties in Michigan, including Alger, Luce, Allegan, Berrien, Branch, Grand Traverse, Ingham, Kent, Muskegon, Ottawa, and Van Buren Counties. The conspiracy also involved the distribution of buprenorphine (Suboxone) and methamphetamine inside correctional facilities.
Eight of the nine defendants charged in the superseding indictment were convicted following guilty pleas. One defendant, Arnulfo Trevino, died of natural causes after his guilty plea but before sentencing. The defendants’ sentences are listed below:
Name Age Residence Sentence Luis Alberto Cruz 31 Detroit, Michigan 240 months Carlos Martinez a/k/a “Los” 41 Norton Shores, Michigan 240 months Umberto Gavier Cruz a/k/a “Diablo” 67 Covert, Michigan 66 months Emmanuel Alfonso Ventura a/k/a “E” 29 Grand Rapids, Michigan 72 months Rocky Joseph Krupa a/k/a “Rock” 47 Traverse City, Michigan 90 months Jesus Cortez 40 Lansing, Michigan 137 months Sarah Joy mcBride 32 Allegan, Michigan 37 months Cecil William Wallis 34 Twin Lake, Michigan 24 monthsTwo of the eight defendants convicted, Luis Cruz and Emmanuel Ventura, were serving sentences in the Michigan Department of Corrections (MDOC) throughout the conspiracy. Another three defendants – Carlos Martinez, Rocky Krupa, and Jesus Cortez –joined the conspiracy almost immediately upon release from prison. Further details of the investigation are available in the criminal complaints filed in United States v. Luis Alberto Cruz, No. 1:20-mj-00145 and United States v. Carlos Martinez, No. 1:20-mj-179.
In announcing the sentences, U.S. Attorney Birge stated, “The most troubling aspect of this conspiracy was the defendants’ use of the Michigan Department of Corrections as a recruiting center and distribution hub for a transnational drug conspiracy with ties to traffickers in Mexico. Through a strong partnership with our state and local law enforcement teams, my office will continue to prosecute those who jeopardize the security of Michigan’s correctional facilities by using them in their criminal enterprises. Those who choose to sell drugs during and after their release from prison will face harsh federal sentences, as is reflected in the judgments of the District Court.”
“Severing this connection to dangerous drug cartels is a big win for law abiding citizens across the state of Michigan,” said DEA Special Agent in Charge Keith Martin. “Investigations like this where drug dealers are arrested, convicted and sentenced to a lengthy federal prison sentence are only possible through collaboration with our law enforcement partners.”
“We are grateful for the partnership of the U.S. Attorney’s Office and for the national, state, and local law enforcement professionals who all worked together to help stop the trafficking of drugs both in our correctional facilities and our communities.” said MDOC Director Heidi Washington. “We would also like to recognize the incredible work of our own Emergency Management analysts, who worked tirelessly to gather evidence and provide translations that directly led to many of these indictments.”
The investigation and prosecution were part of an Organized Drug Enforcement Task Force (OCDETF) operation called Operation Prison Break. 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.
The Drug Enforcement Administration, U.S. Customs and Border Protection, U.S. Postal Inspection Service, Michigan Department of Corrections, the Grand Traverse County Sheriff’s Office, and the Michigan State Police and its sponsored drug trafficking task forces, including the West Michigan Enforcement Team, the Southwest Enforcement Team, and the Traverse Narcotics Team investigated the case. Assistant United States Attorneys Vito S. Solitro and Stephanie M. Carowan prosecuted the case.
###
Federal Jury Convicts Former Roane County Defense AttorneyRead the Press Release
KNOXVILLE, Tenn. – On April 19, 2021, a federal jury convicted Kent Lowery Booher, 64, of Harriman, Tennessee, a registered sex offender, of multiple sex crimes involving minors. Booher, a disbarred criminal defense attorney, was found guilty of enticing and attempting the enticement of a minor for sex, committing a sex crime with a minor while being a registered sex offender, sex trafficking of a child, and attempted production of child pornography. As a result of the convictions, the defendant faces a prison sentence of 25 years to life. Sentencing is scheduled for August 18, 2021, before the Honorable Thomas A. Varlan, United States District Judge.
The investigation began when an undercover investigation revealed that Booher, a convicted sex offender, began communicating on Facebook with an individual he believed to be a 14- year-old girl. Over a period of five days, Booher used Facebook, text messaging, and telephone calls to attempt to entice the individual to engage in sexual activity. On March 8, 2019, Booher was arrested by the 9th Judicial District Attorney’s Office and the Harriman Police Department while on the way to meet with a minor child.
Based upon the undercover investigation, a federal grand jury initially indicted Booher on federal charges of attempted enticement of a minor for sex and committing the enticement offense while required to register as a sex offender. Two months later, following additional investigation, the grand jury added three charges pertaining to Booher’s sexual exploitation of a 15-year-old child in 2012 and 2013.
The lead agency in this investigation was the 9th Judicial District Attorney’s Office. The Knoxville Police Department, Internet Crimes Against Children Task Force, Homeland Security Investigations, Lenoir City Police Department, Loudon County Sheriff’s Office, Harriman Police Department, Blount County Sheriff’s Department, Tennessee Department of Corrections, and U.S. Secret Service, assisted with the investigation.
Assistant U.S. Attorneys Jennifer Kolman and Frank M. Dale, Jr. represented the United States at trial.
This case was brought as part of Project Safe Childhood (PSC), 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, PSC 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 PSC, please visit www.projectsafechildhood.gov.
###
Federal Jury Convicts Alamosa Man of Possession of Methamphetamine with Intent to DistributeRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that after a four-day jury trial, Felipe Nevarez, age 40, of Alamosa, Colorado, was convicted of Possession with Intent to Distribute Methamphetamine.
Facts presented at trial established that on April 3, 2019, deputies with the Alamosa County Sherriff’s Department encountered Nevarez driving a black BMW. At the time, Nevarez had several state warrants for his arrest. He evaded law enforcement, reversing the BMW at top speed down a rural driveway. Nevarez got out of the car and fled into an open field. After nearly forty-five-minutes searching, law enforcement found Nevarez hiding in a field within arm’s reach of a large bag of methamphetamine. Nevarez also had more than $16,000 in cash.
“Our office is committed to prosecuting drug distribution crimes anywhere in Colorado,” said Acting United States Attorney Matt Kirsch. “Together with our law enforcement partners in Alamosa, we have secured an important conviction in the fight against methamphetamine, an addictive and dangerous drug.”
“The conviction of Nevarez for his interstate narcotics trafficking activities is the result of cooperation among law enforcement to keep dangerous drugs like methamphetamine out of our communities.” said Steven Cagen, Special Agent in Charge, HSI. “HSI will continue to prioritize the investigation of drug traffickers who distribute illicit narcotics in Colorado and bring criminal activity to our rural neighbors.”
United States District Court Judge Robert Blackburn presided over the trial and will impose a sentence at a later date.
Homeland Security Investigations, the Alamosa County Sherriff’s Department, the Alamosa Police Department, and U.S. Immigration and Customs Enforcement conducted the investigation. Assistant United States Attorney Jeffrey Graves handled the prosecution.
Case number: 19-cr-00271-REB-JMC
# # #
Visit our website http://www.justice.gov/usao/co | Follow us on Twitter @DCoNews
Sign up for new releases [email protected]
Elkhart, Indiana Man Sentenced to 9 Years in PrisonRead the Press Release
SOUTH BEND – Lafiamma Orona, age 33, of Elkhart, Indiana, was sentenced by United States District Court Judge Damon R. Leichty upon his plea of guilty to possession of stolen mail, mail fraud, aggravated identity theft, and felon in possession of a firearm, announced Acting U.S. Attorney Bell.
Orona was sentenced to 108 months of imprisonment followed by 2 years of supervised release.
According to documents filed in this case, during the spring of 2020, Orona stole mail from mailboxes near Elkhart, Indiana. The mail contained, checks, check books, debit and credit cards, and personal information of victims. Orona then forged checks, fraudulently used victims’ debit and credit cards, and opened new credit card accounts using victims’ stolen personal information. In May 2020, a description of the car stealing mail was broadcast to all local police departments. On May 6, 2020, the car was located in Bristol, Indiana. Orona was driving the car and possessed fake drivers’ licenses with his own photo and victims’ names, stolen checks and check books, other stolen mail items, a handgun holster and a box of ammunition. On the road nearby, police found a loaded handgun that was thrown out of the car. The following day, police searched a house in Michigan where Orona was residing. Police found more stolen mail items, stolen checks and check books, a printer with more fake drivers’ licenses, tools for forging checks, notebooks with victims’ personal information, handgun ammunition, and narcotics paraphernalia. In total, Orona had stolen items and checks valued at more than $226,000, stolen mail from approximately 46 victims, and the personal information of approximately 253 people.
The case was investigated by the United States Postal Inspection Service; Bureau of Alcohol, Tobacco, Firearms and Explosives; Elkhart County Sheriff’s Department; Bristol Police Department; Cass County Sheriff’s Department (Michigan); and Cassopolis Police Department (Michigan). This case was prosecuted by Assistant U.S. Attorney Luke N. Reilander.
###
Elizabeth City Man Gets More Than 13 Years in Prison for String of Armed RobberiesRead the Press Release
RALEIGH, N.C. – An Elizabeth City man was sentenced today to 162 months in prison for three counts of Interference with Commerce by Robbery and Brandishing a Firearm in Furtherance of a Crime of Violence.
According to court documents, on October 22, 2019, Marcus Alexander Waldo, Jr., 20, robbed the Family Fare on U.S. Highway 17 South in Elizabeth City at gunpoint. He pointed a firearm at the clerk’s head and demanded money. The clerk complied and Waldo fled the store. A week later, on October 29, 2019, Waldo robbed the Dollar General on Oak Stump Road in Elizabeth City in a similar fashion. Waldo pointed a firearm at the store clerk, demanded money, and fled. On January 21, 2020, Waldo robbed the same Dollar General, again at gun point. Following the third robbery, law enforcement executed a search warrant at Waldo’s residence where they found clothing, gloves, and a mask which matched the description of the items Waldo wore during the robbery. Officers also found a firearm, ammunition, and several stacks of U.S. currency.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Federal Bureau of Investigation (FBI) and the Elizabeth City Police Department investigated the case and Assistant U.S. Attorney Robert J. Dodson 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. 2:20-CR-29-D.
El Departamento de Justicia llega a un acuerdo con un distrito escolar de Arizona para proteger a los estudiantes que están aprendiendo inglésRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con el Distrito Escolar Unificado de Coolidge, el cual resuelve la investigación del Departamento de los programas del distrito escolar para sus estudiantes que están aprendiendo inglés. La investigación que el Departamento realizó del distrito halló fracasos por todo el sistema a la hora de proporcionar la enseñanza, los recursos y la capacitación de maestros que los estudiantes necesitan para dominar el inglés, lo que les dejó en dificultades académicas un año tras otro. El Departamento llevó a cabo su investigación en virtud de la Ley de Igualdad de Oportunidades Educativas («EEOA», por sus siglas en inglés) de 1974.
«Cada niño se merece la igualdad de oportunidades para tener éxito en la escuela. Cuando existen barreras lingüísticas, las escuelas tienen la obligación de esforzarse más por fomentar la igualdad de condiciones para los estudiantes», dijo Pamela S. Karlan, la Fiscal General Auxiliar Adjunta Principal de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia seguirá haciendo cumplir la ley para garantizar que los estudiantes que están aprendiendo inglés consigan la ayuda que necesitan para poder florecer en el aula. Felicitamos al distrito por haber firmado este acuerdo y esperamos colaborar con ellos para que los estudiantes del distrito que están aprendiendo inglés puedan realizar su potencial completo».
Conforme el acuerdo conciliatorio, el distrito expandirá la enseñanza lingüística para estudiantes que están aprendiendo inglés para que puedan dominar el inglés y comprender las tareas escolares en cada una de sus asignaturas académicas. Asimismo, el acuerdo requiere que el distrito capacite plenamente a sus maestros, que obtenga los materiales y currículos especiales que estudiantes que están aprendiendo inglés necesitan para su éxito académico y que evalúe activamente el progreso de los estudiantes. Por otra parte, el Departamento de Justicia supervisará la implementación del acuerdo por parte del distrito durante tres años escolares.
La aplicación de la EEOA es una de las prioridades principales de la División de Derechos Civiles del Departamento de Justicia. Para más información sobre la División de Derechos Civiles, puede visitar su sitio web en www.justice.gov/crt. Para más información sobre la labor de la Sección de Oportunidades Educativas, vaya a https://www.justice.gov/crt/educational-opportunities-section. Miembros del público también pueden informar de posibles vulneraciones de derechos civiles en https://civilrights.justice.gov/report/.
Eastern District of Louisiana commemorates 2021 National Crime Victim's Right WeekRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans joins the Department of Justice, the Office for Victims of Crime the Eastern District of Louisiana state and local law enforcement and communities nationwide in observing National Crime Victims’ Rights Week (NCVRW), celebrating victims’ rights, protections and services throughout the week. This year’s 40th anniversary of NCVRW observance takes place April 18-24 and features the theme, Support Victims. Build Trust. Engage Communities.
Since 1981, National Crime Victims’ Rights Week (NCVRW) is a time to renew our commitment to serving all victims of crime, to acknowledge the achievements in victim services and allied professions, to honor those who have gone above and beyond in their service to others, and to remember crime victims and survivors.
The Office for Victims of Crime selected the theme—Support Victims. Build Trust. Engage Communities. —that emphasizes the importance of leveraging community support to help victims of crime.
The faces of crime victims are those of our family, friends, neighbors, and community members. According to the most recent National Crime Victimization Survey from the Bureau of Justice Statistics, 1.2 million people were victims of violent crime excluding simple assault in 2019, a significant decrease from the year before. Now is the time to redouble our efforts so that victimization continues to decline, and fewer and fewer Eastern District of Louisiana residents become victims of crime. Our office will commemorate the advancement of victims’ rights and highlight issues surrounding victimization
In the Eastern District of Louisiana, the U.S. Attorney’s Office will team up with federal law enforcement, local law enforcement, judicial agencies and non-profit organizations to commemorate the week, through a combination of virtual and in-person activities. The challenges of COVID-19 will not hamper the efforts of victim advocates to seek justice, ensure victims’ rights and inspire hope for victims of crime.
“Annually, National Crime Victims’ Rights Week, provides the opportunity for law enforcement, judicial agencies, and direct service providers to reaffirm their commitment to assist and empower crime victims, said U.S. Attorney Evans. “It is imperative that crime victims know that collectively law enforcement and partners will continue to diligently investigate potential wrongdoing, prosecute criminal behavior and seek justice for victims.”
For events in Eastern District of Louisiana Parishes, please refer to the local law enforcement agencies websites for details. Please refer to the EDLA website for a listing of EDLA parishes https://www.justice.gov/usao-edla
For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ojp.gov/program/national-crime-victims-rights-week/overview.
*******
East Texas Individuals Guilty in Postal Crime SpreeRead the Press Release
TYLER, Texas – Two individuals have pleaded guilty to their involvement in postal offenses in Texas and Louisiana, announced Acting U.S. Attorney Nicholas J. Ganjei.
Paul Kennedy, 39, of Henderson, Texas, pleaded guilty to burglary of a United States post office; possession of stolen mail; possession of stolen money orders; damage to government property; theft of government property; and access device fraud today before U.S. Magistrate Judge K. Nicole Mitchell. Angela Moore, 37, of Longview, Texas, previously pleaded guilty to possession of stolen mail on March 4, 2021.
According to information presented in court, between the afternoon of Dec. 23, 2019 and the morning of Dec. 26, 2019, Kennedy burglarized post offices in Price, Texas; Bronson, Texas; Bon Wier, Texas; and Evans, Louisiana. He attempted to burglarize post offices in Newton, Texas, and Singer, Louisiana. At each location he burglarized, Kennedy stole mail, packages, and property belonging to the U.S. Postal Service (USPS). At the Price, Texas, and Bronson, Texas, post offices, Kennedy was able to gain access to the safes and steal money as well as USPS money orders. Moore accompanied Kennedy during the Price burglary and the Newton attempted burglary. Later, on Dec. 27, 2019, Kennedy attempted to use a debit card that he stole during the Evans burglary at the Margaritaville Casino in Shreveport, Louisiana.
“While the rest of us celebrated the Christmas season with our families and friends, these defendants pillaged, plundered, rifled, and looted post offices across East Texas and into Louisiana,” said Acting U.S. Attorney Nicholas J. Ganjei. “Thanks to the outstanding work of our law enforcement partners, post offices have been secured, and the defendants have been brought to justice.”
Kennedy and Moore were indicted by a federal grand jury in the Eastern District of Texas on June 18, 2020. Kennedy was also indicted by a federal grand jury in the Western District of Louisiana on June 17, 2020. Under federal statutes, Kennedy faces up to 10 years in federal prison and Moore faces up to five years. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the U.S. Probation Office.
This case was investigated by the U.S. Postal Inspection Service (USPIS) with the assistance of the Louisiana State Police, the Rusk County Sheriff's Office, the Sabine County Sheriff's Office, the Vernon Parish Sheriff's Office, and the Henderson Police Department, and was prosecuted by Assistant U.S. Attorney Nathaniel C. Kummerfeld for the Eastern District of Texas and Assistant U.S. Attorney John W. Nickel for the Western District of Louisiana.
###
East Hartford Man Sentenced to 33 Months in Prison for Illegally Possessing Firearm and AmmunitionRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that DIONTE WILSON, 25, of East Hartford, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 33 months of imprisonment, followed by three years of supervised release, for illegally possessing a firearm and ammunition.
According to court documents and statements made in court, after a review of videos on social media websites identified Wilson as being in possession of several different firearms, members of the FBI’s Northern Connecticut Gang Task Force conducted multiple controlled purchases of marijuana from Wilson. On August 10, 2020, Wilson was arrested on state charges after he displayed a Taurus .380 caliber handgun following a controlled marijuana purchase. A subsequent search of Wilson’s residence revealed a loaded .380 caliber Taurus gun magazine and approximately 100 rounds of .22 caliber long rifle hollow point bullets. After he was released on bond in his state case, Wilson posted videos on social media of himself brandishing a firearm.
Wilson’s criminal history includes state convictions for narcotics and firearm offenses. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
Wilson has been detained since his federal arrest on September 9, 2020. On January 19, 2021, he pleaded guilty to one count of unlawful possession of a firearm by a felon.
This prosecution was brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone, and through Project Longevity, a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to violence. A critical component of the Project Longevity strategy is the “call-in,” a face-to-face meeting where Project Longevity partners engage group members and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it.
Wilson attended a call-in in December 2019 and did not pursue Project Longevity services that were offered to him.
The FBI’s Northern Connecticut Gang Task Force includes members of the Hartford Police Department, East Hartford Police Department, New Britain Police Department, West Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
This case is being prosecuted by Assistant U.S. Attorneys Kenneth L. Gresham and Michael J. Gustafson.
EDVA Commemorates the 40th Anniversary of National Crime Victims’ Rights WeekRead the Press Release
ALEXANDRIA, Va. – The U.S. Attorney’s Office for the Eastern District of Virginia joins communities nationwide in commemorating the 40th anniversary of National Crime Victims’ Rights Week (NCVRW) from April 18–24, 2021. This year’s theme, Support Victims. Build Trust. Engage Communities, emphasizes the importance of leveraging community support to help victims of crime.
“We are firmly committed to upholding victims’ rights as we protect the safety of our communities and pursue equal justice under the law in a broad range of criminal and civil matters across EDVA,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “From seeking justice for victims of terrorism, human trafficking, child exploitation, and other violent and white-collar crimes, to enforcing the Americans with Disabilities Act, vindicating the rights of military servicemembers and veterans, and securing restitution for the victims of financial fraud, we will stand with victims and ensure their voices are heard. This year’s theme for National Crime Victims’ Rights Week recognizes the importance of, and power in, all facets of the community—including stakeholders in the justice system, victim advocates, charitable organizations, faith-based groups, health care providers, and mental health professionals—standing together to ensure that victims of crime receive the services, healing, and justice they need and deserve.”
NCVRW is a time to renew our commitment to serving victims of crime, acknowledge achievements made in the victim services field, and remember crime victims and survivors. For more information about this year’s NCVRW and how to assist victims in your own community, please visit the National Crime Victims’ Rights Week website.
The Justice Department’s Office for Victims of Crime (OVC) leads communities throughout the country in their annual observances of NCVRW, during which 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.
In the Eastern District of Virginia, those events will include the following:
- A virtual training on Privacy, Protection, and Fairness: Why Crime Victims’ Rights Matter to Victims of Violence, hosted by the Virginia Department of Criminal Justice Services on April 20.
- The Unsung Heroes awards ceremony, hosted by the Virginia Office of the Attorney General on April 21 to recognize outstanding service and support to victims of crime in the Commonwealth. For more information about the event, please visit here.
- National Crime Victims’ Rights Candlelight Vigil & 2-Mile Walk, hosted by the Stafford Country Sheriff’s Office on April 23.
To commemorate the NCVRW this year, the U.S. Attorney’s Office for the Eastern District of Virginia is holding a clothing drive to donate garments and toiletries to a local non-profit organization that assists women and children in crisis. Additionally, among other initiatives led by the Victim-Witness Unit, EVDA is hosting speakers to raise awareness of victim issues.
On April 16, Acting U.S. Attorney Parekh hosted a virtual event in which Aloke Chakravarty, a former Assistant U.S. Attorney, discussed his experience prosecuting the Boston Marathon bombings case. The discussion also focused on the collaboration and coordination required to ensure that victims’ voices were heard during the investigation and resulting trial.
On April 23, Acting U.S. Attorney Parekh will host a virtual fireside chat with Tony West, who in his former role as the Justice Department’s Associate Attorney General (2012–2014) helped secure nearly $37 billion in fines and restitution for American victims in connection with the 2009 financial crisis.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Dubuque Man with Violent History Sentenced to Federal Prison for Possessing Stolen GunRead the Press Release
A Dubuque man was sentenced on April 16, 2021 to 78 months in prison for unlawfully possessing a stolen gun.
Christopher Nicholas Roth, age 39, from Dubuque, Iowa, received the prison sentence after a November 5, 2020 guilty plea to possession a firearm by a prohibited person.
Information disclosed at sentencing and at his plea hearing showed that, in April 2020, Roth became upset with a group of people and threatened at least one of them, causing the police to be called. When officers located Roth later, he was in possession of a loaded gun, which he had recently stolen from someone he knew. Roth admitted he was a user of methamphetamine and marijuana. Roth has 27 adult criminal convictions, including convictions for theft, attempted burglary, harassment, domestic abuse, and OWI. Fourteen of Roth’s prior convictions were committed while he was on probation for another offense. Seven of Roth’s prior convictions include physical violence or threatening others.
Roth was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Roth was sentenced to 78 months’ imprisonment. He was ordered to make payment of $100 to the special assessment fund. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Special Assistant United States Attorney Alex Geocaris and investigated by the Dubuque Police Department, the Dubuque Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-1014.
Follow us on Twitter @USAO_NDIA.
Dominican National Pleads Guilty to Illegal Re-Entry After DeportationRead the Press Release
BOSTON – A Dominican national pleaded guilty on Friday, April 16 in federal court in Boston to illegally reentering the United States after being deported.
Danny Rivera Zorilla, 38, pleaded guilty to one count of illegal reentry into the United States after deportation. U.S. District Court Judge Indira Talwani scheduled sentencing for Aug. 25, 2021. Rivera Zorilla was indicted in February 2020.
Rivera Zorilla was arrested in 2010 and later convicted in Woburn District Court for distribution of cocaine. On March 19, 2013 he was deported to the Dominican Republic. Rivera Zorilla later reentered the United States illegally and was arrested in 2019 in Malden but released from custody. In September 2020, immigration agents located and arrested Rivera Zorilla on the charge in this case.
The charging statute provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. Rivera Zorilla will face deportation proceedings upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Todd Lyons, Field Office Director of Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Boston made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Mendell’s Major Crimes Unit is prosecuting the case.
Dominican National Indicted for Identity Theft, Theft of Public Money, Passport and Health Care FraudRead the Press Release
PROVIDENCE – A Dominican national living in Providence who, since at least 1994, allegedly used the stolen Social Security number and other personal identifying information of a person who lived in Puerto Rico and who subsequently passed away in September 2018, to fraudulently gain a U.S. passport and federally-funded food and health care benefits, has been indicted by a federal grand jury on charges of aggravated identity theft, passport fraud, and fraudulently obtaining publicly funded health care and food stamp benefits, among other charges.
According to court documents and information presented to the court, Diomedes Ramirez Rodriguez, 48, twice used the stolen personal identifying information when applying for and receiving U.S. Passports in June 2008 and June 2010. Rodriguez allegedly submitted several forms of ID in the name of the person from Puerto Rico, including a birth certificate and a photo ID depicting his own photograph. Both passports were later reported lost.
It is alleged that in March 2014, Rodriquez applied for and was approved to receive health care benefits from Rite Care, Rhode Island’s Medicaid Managed Care Program, in the name of the victim whose identity he allegedly stole. It is alleged that Rodriquez provided a Commonwealth of Puerto Rico birth certificate, a Rhode Island driver’s license, a U.S. Passport, and a Social Security card, all in the name of the identity theft victim. It is alleged that between September 2016 and August 2020, Rodriquez obtained $34,727.94 in medical, pharmaceutical, institutional, and dental services he was not entitled to receive.
It is further alleged that in March 2017, Rodriguez applied for and was approved to receive Supplemental Nutrition Assistance Program (SNAP) benefits, having provided a Commonwealth of Puerto Rico birth certificate, a Rhode Island driver’s license, a U.S. Passport, and a Social Security card all in the name of the person whose identity he allegedly stole. It is alleged that between March 2017 and May 2020, Rodriquez received $7,342.64 in SNAP benefits he was not entitled to receive.
It is further alleged that Rodriguez used the stolen identity and Social Security information to obtain Rhode Island driver’s licenses and a Rhode Island identification card.
On Friday, a federal grand jury returned an indictment charging Rodriguez with false representation of a Social Security number, health care fraud, aggravated identity theft, theft of public money, false representation of citizenship, and misuse of passport, announced Acting United States Attorney Richard B. Myrus; Jon Davidson, Special Agent in Charge of the Department of State’s Diplomatic Security Service, Boston Field Office; Acting Special Agent in Charge William S. Walker of Homeland Security Investigations’ Boston SAC Office; Scott E. Antolik, Special Agent in Charge of the Boston Field Office of the Social Security Administration, Office of the Inspector General/Office of Investigations; Bethanne M. Dinkins, Special Agent in Charge of the Northeast Region of the United States Department of Agriculture’s Office of Inspector General; and Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services’, Office of Inspector General’s Boston Field Office.
According to court records, Rodriguez, while allegedly using the stolen identity, was arrested in Florida, New York, and Rhode Island on at least 14 occasions, and convicted on, among other things, drug and stolen goods charges. Acting United States Attorney Myrus thanks the FBI for their assistance in linking Rodriguez to these prior arrests.
A federal indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.
###
Disbarred Attorney Sentenced to 51 Months in Prison for Stealing 9/11 Victim Compensation FundsRead the Press Release
Audrey Strauss, United States Attorney for the Southern District of New York, announced that GUSTAVO L. VILA, a disbarred lawyer in New York, was sentenced today in White Plains federal court to 51 months in prison for stealing approximately $1 million that the Department of Justice’s 9/11 Victim Compensation Fund (“VCF”) had awarded to VILA’s client, a 9/11 first responder. VILA pled guilty on October 29, 2020, before U.S. District Judge Vincent L. Briccetti, who also imposed today’s sentence.
U.S. Attorney Audrey Strauss said: “Gustavo Vila stole money awarded by the 9/11 Victim Compensation Fund to his client, an NYPD officer and 9/11 first responder. Further, Vila lied to his client for more than three years, telling him that the stolen money had yet to be released by the Fund. Now Gustavo Vila has been sentenced to prison for his betrayal.”
According to the Complaint, the Information, and other court filings and statements made in open court:
In the wake of the September 11 terrorist attacks, Congress created the VCF to provide compensation with federal government funds to any individual who suffered physical harm or was killed as a result of the terrorist attacks, or as a result of the debris removal efforts that took place in the immediate aftermath of those attacks. The original VCF operated from 2001 to 2004. President Obama and President Trump reactivated the VCF, authorizing it to operate through October 2016, and December 2020, respectively. Claimants seeking compensation from the VCF were authorized to work with an attorney and have the attorney, on the claimant’s behalf, submit a claim to, and receive the claimant’s award from, the VCF. An attorney’s fees were limited to 10% of a VCF award.
From at least in or about 2012 through at least in or about 2019, VILA represented a retired New York City Police Department officer (“Victim-1”) in connection with Victim-1’s claim for compensation from VCF. Victim-1 was diagnosed with, and suffered from, serious, life-threatening medical conditions, including cancer, as a result of rescue and recovery work he performed at Ground Zero. Throughout his representation of Victim-1, VILA held himself out as an attorney to Victim-1 and to the VCF, despite the fact that in 2015, VILA was disbarred, after being convicted in Westchester County Supreme Court of grand larceny in the third degree, a felony, for stealing funds from another client.
Despite his disbarment, VILA continued to hold himself out as an attorney to Victim-1 and to the VCF and to represent Victim-1 in connection with his VCF claim. Victim-1, on VILA’s advice, authorized the VCF to deposit any money it awarded Victim-1 directly into VILA’s bank account. On or about September 13, 2016, the VCF authorized an award to Victim-1 of $1,030,622.04 for life-threatening illnesses Victim-1 had sustained from rescue and recovery work he performed as a police officer at Ground Zero. On or about October 12, 2016, the VCF deposited the full amount of Victim-1’s award – mover $1 million – into VILA’s bank account. At that point, VILA was required to distribute all of that money, less 10 percent for his purported attorney’s fees, to Victim-1. VILA, however, represented to Victim-1 that the VCF had only released 10 percent of the award, that is, approximately $103,062, which VILA sent Victim-1 on or about October 26, 2016. That is the only portion of the award that Victim-1 ever received. VILA stole the remaining 90 percent of the award – approximately $927,559.84 – and used those funds for his own personal benefit, including to pay his own taxes and personal loans. Over the next three-plus years, VILA continued to lie to Victim-1, repeatedly telling Victim-1 and his family that the VCF had not yet released the full amount of the award, when in fact, the entire award had been released for Victim-1’s benefit in October 2016.
* * *
VILA, 62, of Yorktown Heights, New York, pled guilty to, and was sentenced on, one count of theft of government funds, in violation of Title 18, United States Code, Section 641. In addition to the 51-month prison term, VILA was sentenced to three years of supervised release and was ordered to forfeit $922,559.84, and to pay restitution to Victim-1 in the amount of $867,870.76.
Ms. Strauss praised the outstanding investigative work of the U.S. Department of Justice Office of the Inspector General's Fraud Detection Office.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Sarah L. Kushner is in charge of the prosecution.
Department of Justice (DOJ) and Washington Department of Children, Youth and Family Services Settle Claims of Americans with Disabilities (ADA) ViolationsRead the Press Release
Spokane – The Washington State Department of Children, Youth and Family Services (DCYF) will pay $300,000 and make sweeping changes to procedures for providing services to families where a parent or child is deaf or hard of hearing, announced Acting U.S. Attorney Joseph H. Harrington of the Eastern District of Washington and Acting U.S. Attorney Tessa M. Gorman of the Western District of Washington. The settlement follows an investigation of complaints by two Washington State families about DCYF’s Child Welfare Program (CWP).
“No individual should be denied or delayed access to public services because of a disability,” said Acting United States Attorney Joseph H. Harrington for the Eastern District of Washington. “Services provided by the State of Washington whether through DCYF or other important areas of civic life must comply with the ADA and its effective communication requirements. The ADA for over thirty years has strengthened our society and this settlement should serve as a stark reminder of why this landmark legislation is so important.”
“At every step communication is key to the relationship between a family facing challenges and social workers who are trying to protect and serve children,” said Acting U.S. Attorney Gorman. “It is critical whether in a home assessment, a supervised visit or a therapeutic service, that a parent who is deaf or hard of hearing be able to understand and communicate with a caseworker. DCYF has agreed to a path forward that will provide these critical services.”
According to the settlement agreement, DOJ found evidence that on more than 100 occasions between 2017 and 2019, the Child Welfare Program failed to provide appropriate auxiliary aids or services, including qualified sign language interpreters, for the complainant families. The communications included high stakes interviews during investigations regarding the possible termination of parental rights and during court-ordered treatments and counseling required for reunification with children.
The investigation by the U.S. Attorney’s Offices in both the Eastern and Western Districts of Washington determined that the failure to provide auxiliary aids and services, including qualified interpreters, denied the complainant families equal access to DCYF’s services, programs, and activities. This failure to provide qualified interpreters in a timely manner, meant that the complainant families were not provided communication that was as effective as the agency’s communications to people without disabilities. That is the standard set out in the Americans with Disabilities Act.
The investigation concluded that complainant families were frequently unable to participate fully in agency investigations, had unequal access to case resolutions options like mediation, and experienced delays in moving through court-ordered services such as counseling and drug treatment. DCYF employees also improperly relied on ineffective means of communication such as the use of note-writing for the parents whose primary language was ASL, or the use of family members to interpret instead of qualified interpreters. There was also evidence that the parents’ status as individuals who are deaf or hard of hearing and their legitimate requests for qualified interpreters resulted in caseworkers having a negative view about the willingness of such parents to cooperate in DCYF’s investigation.
DOJ concluded that the delays and barriers to access to DCYF’s services, including resolution of investigations and visitations with their children, caused significant emotional distress to the complainant parents and their children. The investigation also reflected that these problems were likely not limited to the complainant parents but reflected a more widespread inability to communicate effectively with families with members who are deaf or hard of hearing.
Under the terms of the settlement DCYF Child Welfare Program must devise and implement, with input by the U.S. Attorney’s Offices, new policies, practices, and procedures on how it will communicate effectively with constituents who have communication disabilities, including individuals who are deaf or hard of hearing. The new communications policies will follow the ADA requirements and will ensure there are a variety of resources, including appropriate auxiliary aids and services, for caseworkers to use in communicating with families. The new policy will prohibit the use of interpreters who are family members and children, as required by the ADA.
The settlement agreement also calls for DCYF to enter or maintain sufficient contractual arrangements across all the counties of Washington State to meet the expected needs for qualified interpreters. Video remote interpreting may be used following the ADA’s standards and requirements.
The settlement agreement further calls for publicizing the new communications plan, appointing an ADA coordinator, training employees on the new plan and ADA requirements, and keeping a log of when auxiliary aids and services, including interpreter services, are used. The log will be part of the information provided to the U.S. Attorney’s Offices to ensure DCYF remains in compliance with the settlement agreement.
Under the terms of the settlement, the $300,000 will be divided between the complainants in Eastern and Western Washington. Some of the money will be held in trust for two of the children whose reunification with their parents was delayed by a repeated lack of interpreters.
The Department of Children, Youth and Families cooperated fully in the investigation. The settlement was reached without DCYF admitting the conclusions or determinations made by the United States.
The investigation was conducted by Assistant United States Attorney Joseph Derrig of the Eastern District of Washington and Assistant United States Attorney Christina Fogg who serves as the Civil Rights Program Coordinator for the U.S. Attorney’s Office, Western District of Washington.
The U.S. Attorney’s Offices (in coordination with the Civil Rights Division of the United States Department of Justice) vigorously enforce federal civil rights laws throughout Washington. These laws prohibit discrimination, protect the constitutional rights of residents, and affirm equal opportunity for all.
DEA’s National Prescription Drug Take Back Day set for April 24, 2021Read the Press Release
BILLINGS – Acting U.S. Attorney Leif Johnson will join the Drug Enforcement Administration in support of the 20th National Prescription Drug Take Back Day on Saturday, April 24. The biannual event will be from 10 a.m. to 2 p.m. at sites across Montana. The event is an effort to rid homes of potentially dangerous, expired, unused and unwanted prescription drugs.
In addition to DEA’s National Drug Take Back Day on April 24, prescription drugs can be disposed of any day throughout the year at any of the 11,000 authorized collectors. For more information on collection sites, visit: https://apps2.deadiversion.usdoj.gov/pubdispsearch/spring/main?execution=e1s1.
This initiative addresses a vital public safety and public health issue. Medicines that languish in homes 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 from these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.
“The DEA’s Take Back Day is a great reminder to get rid of unneeded and expired prescriptions, not only on April 24, but also on any day of the year. Prescription drugs often end up in the wrong hands, fueling an epidemic of opioid deaths and overdoses. Montanans can help protect their families, friends and community by participating in the DEA Take Back event to safely dispose of unused prescription medications,” Acting U.S. Attorney Johnson said.
“We now face a national epidemic reaching every corner of America. Prescription medications often end up in the wrong hands, fueling an epidemic that kills more Americans than car accidents,” said DEA Montana Resident Agent in Charge Stacy Zinn-Brittain. “The power to make a difference starts at home, beginning with returning the unused, unwanted or expired medications that each American keeps in their homes.”
Information from the Centers for Disease Control and Prevention indicates that opioid overdose deaths have increased during the coronavirus pandemic. The CDC issued an alert in December indicating a significant increase in overdose deaths from August 2019 through Aug. 1, 2020, including concerning trends during the first months of the COVID-19 pandemic.
In the United States, 85,500 people died of an overdose in just one year, from August 2019 to August 2020. This is the largest number of drug overdoses on record in the country within a one-year period and a 27 percent increase in deaths year over year. While many of these deaths are attributed to synthetic opioids (fentanyl), and while the CDC is seeing a decline in deaths attributed to prescription opioids, there are still an alarming number of overdose deaths involving prescription opioids.
To keep everyone safe, collection sites will follow local COVID-19 guidelines and regulations. Given the ongoing COVID-19 public health emergency, DEA wants to ensure that the public is aware of other ways they can dispose of unwanted prescription drugs without having to leave their homes. More information is available at: https://takebackday.dea.gov/
During the last Take Back Day held on Oct. 24, 2020, DEA collected a record amount of drugs since the program began in 2010. With a total of 4,153 law enforcement participants at 4,587 collection sites, the event brought in a total weight of 985,392 pounds, or 492.7 tons, of drugs. This brings the total weight collected to 13.68 million pounds, or more than 6,842 tons, of prescription drugs collected in the history of the program. Collection results may include materials other than prescription drugs.
During the Oct. 24, 2020 event, Montanans turned in 2,251 pounds of prescription drugs at 20 collection sites.
For more information about the disposal of prescription drugs or about the April 24 Take Back Day event, go to www.DEATakeBack.com.
XXX
Council Bluffs Woman Sentenced to Prison for Methamphetamine OffenseRead the Press Release
COUNCIL BLUFFS, IA – On April 19, 2021, United States District Court Chief Judge John A. Jarvey sentenced Destiny Marsh, age 21, of Council Bluffs, to 50 months in prison for possession of methamphetamine with the intent to distribute announced Acting United States Attorney Richard D. Westphal. Marsh was ordered to serve five years of supervised release to follow her prison term and pay a $100 to the Crime Victims’ Fund. There is no parole in the federal system.
On March 3, 2020, Marsh was found unresponsive in her motel room at the Deluxe Inn in Council Bluffs. The Council Buffs Fire Department was dispatched to the scene and upon arrival saw a large bag containing approximately 800 grams of methamphetamine and cash next to Marsh. She pleaded guilty to the offense on November 6, 2020.
This investigation was conducted by the Southwest Iowa Narcotics Task Force and the Council Bluffs Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Council Bluffs Woman Sentenced to Prison for Methamphetamine OffenseRead the Press Release
COUNCIL BLUFFS, IA – On April 12, 2021, United States District Court Judge Rebecca Goodgame Ebinger sentenced Lindsay Hurst, age 35, of Council Bluffs, to 126 months in prison for distributing methamphetamine announced Acting United States Attorney Richard D. Westphal. Hurst was ordered to serve five years of supervised release to follow her prison term and pay $100 to the Crime Victims’ Fund. There is no parole in the federal system.
In January and February 2020, Hurst sold methamphetamine to a confidential informant on three occasions - selling approximately 130.83 grams total of actual methamphetamine. Hurst pleaded guilty on November 20, 2020, to the methamphetamine charge.
This investigation was conducted by the Council Bluffs Police Department and Southwest Iowa Narcotics Task Force. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa
Connecticut Man Agrees to Plead Guilty to Stolen Firearms Offenses and Making False StatementsRead the Press Release
BOSTON – A Connecticut man agreed to plead guilty last week to a variety of charges in connection with stealing 17 firearms from a West Springfield gun shop and making false statements to federal agents.
Fernando Rivera, 24, of New Britain, Conn., was charged on Friday, April 16, 2021 with one count each of theft of firearm from a Federal Firearms Licensee; being a felon in possession of a firearm; interstate transportation of a stolen firearm; receipt, possession, concealment, storage, barter, sale, or disposition of a stolen firearm in interstate commerce; and making false statements to a federal official. A plea hearing has not yet been scheduled by the court.
In September 2020, Rivera was charged by criminal complaint, along with a co-defendant.
According to the charging documents, Rivera was a felon on state probation for a prior narcotics charge in Connecticut. Shortly after midnight on or about Aug. 29, 2020, Rivera and allegedly, his co-defendant engaged in a crime spree in Vermont, New Hampshire and Massachusetts that included seven ATM thefts and culminated in the theft of 17 firearms from a Federal Firearms Licensee in West Springfield, Mass.
On Sept. 18, 2020, federal agents arrested the two men at their homes in Connecticut.
The firearms charges each provide for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. The charge of making false statements provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division made the announcement. Special assistance was provided by the Massachusetts State Police; Springfield, Hadley, West Springfield, New Britain (Conn.) and Middletown (Conn.) Police Departments; Connecticut State Police; Connecticut Department of Correction; and Connecticut Judicial Branch Adult Probation. Assistant U.S. Attorney Steven H. Breslow of Mendell’s Springfield Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
City of Kenner Director of Inspection and Code Enforcement and City of New Orleans Assistant Chief Mechanical Inspector Charged with Use of an Interstate Facility with Intent to Carry on Unlawful ActivityRead the Press Release
NEW ORLEANS, LA – The U.S. Attorney’s Office announced today that JAMES MOHAMAD, 52, of Kenner, and BRIAN MEDUS, 44, of Covington, were charged in a 1-count indictment by a federal Grand Jury with violating Title 18, United States Code, Sections 371 and 1952(a)(3), conspiracy to use an interstate facility with intent to carry on unlawful activity.
According to the Indictment, MEDUS, the Assistant Chief Mechanical Inspector for the City of New Orleans, Safety and Permits Department, solicited and accepted bribe money from MOHAMAD, the Director of the Department of Inspection and Code Enforcement for the City of Kenner, in return for the issuance of fraudulent permits for MOHAMAD’s HVAC jobs. Throughout the course of the conspiracy, MOHAMAD paid MEDUS and others approximately $93,000 to further the bribery scheme. Defendant MEDUS utilized the City of New Orleans’ internet-based LAMA system, a facility of interstate commerce, to further the scheme.
If convicted, MEDUS and MOHAMAD face a maximum term of imprisonment of five (5) years, a fine of not more than $250,000, three years supervised release following any term of imprisonment, and a $100 special assessment fee.
The United States Attorney’s Office reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
“Public corruption occurs when anyone who works for the government, whether at the federal, state, or local level, conducts an official act in exchange for money, goods, or services. It also includes public employees who take something of value for their own personal gain. Mr. Mohamad and Mr. Medus both allegedly engaged in these bribery schemes thereby violating the public’s trust”, stated Bryan Vorndran, FBI New Orleans Special Agent in Charge. “I would like to thank the City of New Orleans Office of the Inspector General, the Metropolitan Crime Commission, and the U.S. Attorney’s Office for their partnerships in helping the FBI disrupt public corruption in Louisiana.”
Ed Michel, Interim Inspector General, City of New Orleans, stated “The New Orleans OIG will continue to ensure employees who utilize their public office for personal gain are held accountable for their actions.”
This matter was investigated by the Federal Bureau of Investigation and the City of New Orleans/Office of Inspector General. Assistance was provided by the Louisiana State Licensing Board for Contractors. Assistant United States Attorney Tracey N. Knight is prosecuting the matter.
* * *
Cincinnati man charged with impersonating federal employee & agentRead the Press Release
CINCINNATI – A federal grand jury has charged a Cincinnati man with impersonating a federal employee and making fake IDs claiming he was a Special Agent with Homeland Security and an employee of the Defense Logistics Agency, which is the Department of Defense’s combat logistics support agency.
David Lomache, 61, was arrested by federal agents on April 16 and his case was unsealed today. He is scheduled to appear in federal court for a detention hearing at 1:30pm on Wednesday.
According to the indictment, Lomache fraudulently obtained a United States Federal Contractor badge in order to impersonate a civilian contractor technician for the Defense Logistics Agency.
In January of 2021, Lomache allegedly produced fake identification documents for both the Defense Logistics Agency and for Homeland Security Investigations (“HSI”).
He is charged with two counts of fraud in connection with identification documents, a federal crime punishable by up to 15 years in prison, and one count of impersonating a federal officer, which carries a potential maximum prison sentence of up to three years in prison.
Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio; Vance Callender, Special Agent in Charge, Homeland Security Investigations; and Hamilton County Sheriff Charmaine McGuffey announced the charges. Assistant United States Attorney Megan Gaffney Painter is representing the United States in this case.
Homeland Security Investigations has established a tip line for any additional victims. Anyone who believes they may be a victim of fraud in relation to this investigation is asked to call 866-347-2423 (TTY for hearing impaired: 802-872-6196) or visit the website at https://www.ice.gov/webform/ice-tip-form.
An indictment is merely an allegation, and the defendant is presumed innocent unless proven guilty in a court of law.
# # #
Cedar Rapids Man Sent Back to Federal Prison for Escaping Halfway HouseRead the Press Release
A man who left a halfway house while still serving a federal term of imprisonment was sentenced on April 16, 2021, to another six months in federal prison.
Julius Marvell Sullivan, age 28, from Cedar Rapids, Iowa, received the prison term after a December 1, 2020 guilty plea to escape from custody.
On April 3, 2019, Sullivan was convicted of distribution of a controlled substance within a protected location and sentenced to thirty months’ imprisonment. In a plea agreement, Sullivan admitted that the Bureau of Prisons transferred him to a halfway house in June 2020 to serve out the remainder of his sentence. On October 7, 2020, Sullivan signed out of the halfway house and then failed to return as required. The United States Marshals Service arrested Sullivan inside a beauty shop on October 28, 2020.
Sullivan was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Sullivan was sentenced to 6 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Sullivan is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the United States Marshals’ Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-85.
Follow us on Twitter @USAO_NDIA.
Canton Woman Sentenced for Role in BEC SchemeRead the Press Release
BOSTON – A Canton woman was sentenced on Friday, April 16, 2021 in federal court in Boston in connection with a business email compromise (BEC) scheme.
Bintu Toure, 26, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to one year and one day in prison, three years of supervised release, restitution and forfeiture. In January 2021, Toure pleaded guilty to wire fraud and money laundering conspiracy.
Toure conspired with others to open numerous bank accounts in Massachusetts in the name of sham companies, as part of a BEC scheme—a sophisticated scam often targeting businesses involved in wire transfer payments. The fraud is carried out by compromising and/or “spoofing” legitimate business email accounts through social engineering or computer intrusion techniques, to cause employees of the victim company (or other individuals involved in legitimate business transactions) to transfer funds to accounts controlled by the scammers.
Through the use of fraudulent invoices and spoofed email accounts, Toure conspired to trick the victims of the scheme into wiring hundreds of thousands of dollars to bank accounts under her control. Toure and her co-conspirators then transferred funds from the accounts on to others located overseas. Over the course of the scheme, victims wired over $600,000 to fraudulent bank accounts controlled by Toure and her co-conspirators.
Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement. Assistant U.S. Attorneys William B. Brady, of Mendell’s Criminal Division, and Jordi de Llano, Deputy Chief of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.
Bucks County Fluid-Dynamics and Software Development Company Agrees to Pay Almost $200k and Implement Compliance Improvements to Resolve Claims it Failed to Meet Federal Contract ObligationsRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Combustion Research and Flow Technology, Inc. (“CRAFT”) based in Pipersville, PA, has agreed to pay $192,586 and implement enhanced compliance measures to resolve claims arising from its administration of Small Business Innovation and Research (“SBIR”) contracts funded through the Department of Defense and the National Aeronautics and Space Administration (“NASA”). Concurrent with its settlement with the Department of Justice, CRAFT reached an administrative agreement with the Department of Defense in which CRAFT committed to enhancing its compliance practices relating to SBIR contracts and timekeeping.
Like all federal agencies, the Department of Defense and NASA seek to support American small businesses through the award of research and technology development contracts. Their SBIR contracts and those of other agencies form “America’s seed fund,” providing critical capital to small businesses across the United States to develop new technologies or products. These products can be commercialized to provide small businesses with revenue streams to maintain or expand their operations for years to come.
The settlement resolves claims that CRAFT proposed that work would be performed by particular individuals – including in some cases its principal investigator on the research – who then performed little or no documented work on the contract, and that CRAFT neither sought nor received permission to substitute personnel under these contracts. Principal investigators, particularly, are supposed to have frequent contact with research personnel and have the overall responsibility for managing each project’s finances, administration, and scientific and technical direction. The United States does not allege that there was any issue with the quality or functionality of the research or other output that CRAFT produced under these contracts.
"Federally contracted researchers must account accurately for their time so that the United States knows it has received the work for which it bargained. Timekeeping obligations are especially important for the principal investigators and other key personnel upon whose qualifications the contracts were awarded,” said Acting U.S. Attorney Williams. “Whether a contractor is a small business, a major university, or a Fortune 500 company, principal investigators need to ensure that the government knows who is doing the work, and any changes in personnel must be clearly communicated to the United States before being made.”
“The Defense Criminal Investigative Service (DCIS) is committed to protecting research and development programs funded by the U.S. Department of Defense,” said Patrick J. Hegarty, Special Agent in Charge of the DCIS Northeast Field Office. “Today's settlement agreement is the result of a joint investigative effort and demonstrates our commitment to work with the USAO-EDPA and our law enforcement partners to ensure that claims submitted on SBIR contracts are proper.”
“SBIR/STTR program participants must accurately represent that they meet and will abide by the program’s compliance requirements,” said Special Agent-in-Charge, Mark. J. Zielinski, Eastern Field Office, NASA Office of Inspector General (“NASA OIG”). “Identifying attempts to circumvent the program requirements is one step in safeguarding access to limited government resources. NASA OIG, along with its law enforcement partners, will continue to aggressively investigate individuals and entities to ensure that American taxpayers get the work for which they contracted.”
Acting United States Attorney Williams also praised CRAFT’s agreement to enhance its compliance program: “We commend CRAFT for reacting promptly to the government’s investigation, cooperating fully, and taking serious steps to ensure this issue never recurs. We hope the compliance measures it has undertaken will be a model for other grantees and contractors looking to meet their responsibilities to the United States.”
This investigation was conducted as part of the United States Attorney’s Office for the Eastern District of Pennsylvania’s Affirmative Civil Enforcement Strike Force’s grant fraud initiative with investigators from DCIS, NASA-OIG, the U.S. Army Criminal Investigation Command, the Naval Criminal Investigative Service, the Air Force Office of Special Investigations, and the Department of Homeland Security Office of Inspector General. Assistant United States Attorneys Paul W. Kaufman and Veronica J. Finkelstein of the Eastern District of Pennsylvania handled the investigation and settlement.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Brooklyn Man Charged with Molotov Cocktail Attack on NYPD OfficersRead the Press Release
A criminal complaint was filed today in federal court in Brooklyn charging Lionel Virgile with attempted arson by allegedly using an improvised incendiary device commonly known as a “Molotov Cocktail” to damage and destroy a New York City Police Department (NYPD) vehicle while police officers were inside the vehicle. Virgile was arrested on Saturday and made his initial appearance this afternoon before United States Magistrate Judge Robert M. Levy. The defendant was ordered detained pending trial.
Mark J. Lesko, Acting United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Dermot F. Shea, Commissioner, NYPD, announced the arrest and charges.
“As alleged, the defendant deliberately sought to severely injure an NYPD police officer by throwing bleach at his eyes and to ignite an NYPD vehicle with officers inside by hurling a lit Molotov cocktail at it," stated Acting United States Attorney Lesko. “This Office simply will not tolerate the intentional infliction of physical harm on NYPD officers while they are working to protect our communities.” Mr. Lesko thanked the Kings County District Attorney’s Office for their assistance with the investigation.
“Virgile’s alleged attack on members of the NYPD is yet another reminder of the danger law enforcement officers face on a daily basis—and today’s charges should serve as a reminder to all that this type of behavior will be met with a swift response. As Virgile has now learned, the federal charge he faces carries the potential for a lengthy federal prison sentence. The NYPD’s quick response in neutralizing this threat to the public is a testament to its professionalism and dedication to keeping our city safe,” stated FBI Assistant Director-in-Charge Sweeney.
“Attacks on uniformed police officers, as alleged in this federal complaint, are not only crimes against our sworn public servants but are unacceptable assaults on the fabric of society. I commend our NYPD officers and our partners in the FBI and the United States Attorney’s Office in the Eastern District of New York for working closely to ensure that Lionel Virgile, the accused assailant in this case, faces justice,” stated NYPD Commissioner Shea.
According to the complaint, in the morning of April 17, 2021, NYPD officers in a marked vehicle observed Virgile drive his Lincoln Town Car through a steady red traffic light at the intersection of Clarendon Road and East 45th Street in East Flatbush. When the officers approached Virgile’s car, he opened the driver side door and threw a cup containing a chemical substance in one of the NYPD officer’s eyes that was later determined to be bleach. The officer sustained chemical burns on his face and has since been discharged from the hospital. Virgile fled in the Lincoln Town car and was pursued by officers in another NYPD vehicle. Approximately 10 minutes later, Virgile pulled over, exited his Lincoln Town Car and threw a lit Molotov cocktail at the NYPD vehicle pursuing him. The Molotov cocktail struck the windshield of the NYPD vehicle and shattered on the sidewalk. The Molotov cocktail consisted of a glass beverage bottle containing gasoline and a cloth wick. The defendant subsequently crashed into a parked car on Snyder Avenue and was apprehended by the NYPD. Five additional Molotov cocktails and a red jerry can were found in Virgile’s Lincoln Town Car.
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Virgile faces up to 20 years’ imprisonment.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Sara K. Winik and Joy Lurinsky are in charge of the prosecution.
The Defendant:
LIONEL VIRGILE
Age: 44
Brooklyn, New YorkE.D.N.Y. Docket No. 21-MJ-483
Biographies of Panelists Participating in U.S. Attorney’s Virtual Town HallRead the Press Release
Miami, Florida – Tonight, the U.S. Attorney’s Office for the Southern District of Florida will be hosting a District-Wide, Virtual Town Hall Discussion starting at 6:00 p.m.
During the live-streamed, virtual conversation, Acting U.S. Attorney for the Southern District of Florida
Juan Antonio Gonzalez ; Harry Wallace, Counselor to the U.S. Attorney; Veronica Harrell-James, Senior Litigation Counsel, U.S. Attorney's Office; John J. Bernardo , Assistant Special Agent in Charge, FBI; Harold F. Pryor, Broward County State Attorney; Director Alfredo Ramirez, III, Miami-Dade Police Department; Chief Diane Hobley-Burney, Fort Pierce Police Department; Daniella Pierre, President, NAACP, Miami-Dade Chapter; Dr. Marcus D. Davidson , Senior Pastor, New Mount Olive Baptist Church will discuss the social justice issues we currently confront. Rilwan Adeduntan, Deputy Chief, International Narcotics & Money Laundering Section at the U.S. Attorney’s Office will moderate the discussion. Please click on the panelists’ names to review their biographies.The public can join the town hall by visiting http://bit.ly/usaotownhall. If prompted, the meeting ID is 199 372 5333 and the password is townhall.
###
Berkeley and Jefferson County residents sentenced for drug conspiracyRead the Press Release
MARTINSBURG, WEST VIRGINIA –Two Eastern Panhandle residents were sentenced today for their roles in a drug conspiracy that spanned several states, Acting United States Attorney Randolph J. Bernard announced.
Braheem Jamal Gilbert, of Martinsburg, West Virginia, was sentenced today to 37 months of incarceration. Gilbert, also known as “Slick,” 31, pled guilty in November 2020 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Heroin, Fentanyl, and Cocaine Base.” Gilbert admitted to working with others to distribute heroin, fentanyl, and cocaine base from January 2019 to September 2019 in Berkeley and Jefferson Counties and elsewhere.
Duane Curtis Jackson, of Shenandoah Junction, West Virginia, was sentenced today to 40 months of incarceration. Jackson, also known as “Duke,” 28, pled guilty in November 2020 to one count of “Possession with Intent to Distribute Heroin and Fentanyl.” Jackson admitted to having heroin and fentanyl in March 2019 in Jefferson County.
This case is the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.
Assistant U.S. Attorney Lara Omps-Botteicher and Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, prosecuted the cases on behalf of the government. The FBI; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms & Explosives; and the Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.Original press release here: https://www.justice.gov/usao-ndwv/pr/25-charged-six-state-drug-conspiracy-involving-heroin-fentanyl-cocaine
Baytown Man Guilty of Cocaine TraffickingRead the Press Release
BEAUMONT, Texas – A Baytown, Texas man has pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Fernando Salcido, 46, pleaded guilty to conspiracy to possess with intent to distribute cocaine today before U.S. Magistrate Judge Keith F. Giblin.
“The Eastern District of Texas is committed to attacking drug trafficking organizations at every level,” said Acting U.S. Attorney Nicholas J. Ganjei. “We will aggressively investigate and prosecute those who would try to harm our communities.”
According to information presented in court, from August 2018 through October 2019, Salcido was a member of a cocaine trafficking and money laundering operation. The investigation included the seizure of a 12-kilogram shipment of cocaine being sent to Salcido within the false compartments of a vehicle. Law enforcement also seized $54,100 in currency from a courier who had been transporting the proceeds at Salcido’s direction.
A federal grand jury returned an indictment charging Salido on Oct. 7, 2020. Under federal statutes, Salido faces up to life in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing 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 U.S. Probation Office.
This case was investigated by the U.S. Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Michael Anderson.
Battle Creek Man Sentenced to Federal Prison for Receiving Child PornographyRead the Press Release
A man who received child pornography was sentenced April 14, 2021, to more than 11 years in federal prison.
Russell Roy Wilson, age 30, from Battle Creek, Iowa, received the prison term after an August 3, 2020, guilty plea to one count of receipt of child pornography.
In a plea agreement, Wilson admitted that between November 2016 and October 2018, in the Northern District of Iowa, he knowingly received visual depictions of minors engaged in sexually explicit conduct using a cell phone. During the execution of a search warrant at Wilson’s residence on or about October 18, 2018, officers seized items belonging to Wilson which after forensic examination were found contain child pornography. Wilson has failed to comply with the sex offender registry guidelines on a number of occasions.
Wilson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Wilson was sentenced to 135 months’ imprisonment. He was ordered to make $12,000 in restitution. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Wilson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and investigated by The Iowa Internet Crimes Against Children Task Force, the Iowa Division of Criminal Investigation, and Ida County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-4043.
Follow us on Twitter @USAO_NDIA.
Bank Robber Pleads GuiltyRead the Press Release
NEW ORLEANS – BYRON JAMAL WATSON, age 32, a resident of New Orleans, pleaded guilty on April 15, 2021 to two counts of bank robbery before the Honorable Susie Morgan, announced U.S. Attorney Duane A. Evans. WATSON faces up to 20 years imprisonment, a $250,000 fine, 3 years of supervised release, and a $100 special assessment fee, as to each count. Sentencing is currently scheduled for July 20, 2021.
According to count one of the indictment, on or about September 10, 2019, WATSON and another man robbed the Total Choice Federal Credit Union located at 100 Palmetto Drive in LaPlace, Louisiana. They obtained approximately $7,000 in the robbery. According to count two of the indictment, on or about September 26, 2019, WATSON and the same man robbed the Fidelity Bank located at 9099 Jefferson Highway, Jefferson, Louisiana. They obtained approximately $6,000 in that robbery.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation’s Violent Crime Task Force, the Jefferson Parish Sheriff’s Office, the New Orleans Police Department, and the Saint John Parish Sheriff’s Office. Assistant U.S. Attorney Jon Maestri is handling the prosecution.
* * *
Attorney General Merrick B. Garland Remarks at the Oklahoma City Memorial, April 2021Read the Press Release
Thank you so much for those kind words, Bob.
Every year, on the 19th of April, people gather here at this beautiful memorial to remember those who were killed, those who survived, and those who were changed forever, to commemorate the strength of the community that came together in the face of such great loss, and to celebrate the resilience that makes Oklahoma City a model for communities everywhere.
And every year on this day, wherever I am, I reflect on the loss so many of you endured – the loss you continue to endure.
In the words of the late Nobel Peace Prize winner Elie Wiesel, at the dedication of the United States Holocaust Memorial Museum in Washington:
"'For the dead and the living, we must bear witness.’ For not only are we responsible for the memories of the dead, we are also responsible for what we are doing with those memories."
We bear witness so that younger generations – those who do not know firsthand about the bombing of the Murrah Federal Building – can understand and learn of the tragedy. We tell and retell the story, to instill in them the commitment to prevent tragedies like this from occurring again.
I am deeply humbled to bear witness with you today.
****
26 years ago, I was sitting in my office at the Department of Justice in Washington, when an “Urgent Report” from the Oklahoma City U.S. Attorney’s Office came through. It was soon followed by a second "Urgent Report," and then a third.
There had been an explosion at the Murrah building.
Those were the days when our only source of 24/7 news was CNN. My colleagues and I gathered in front of a TV in my office and caught our first glimpse of the destruction.
As information poured in, we gathered again at FBI headquarters to monitor events as a myriad of law enforcement agencies went to work.
An axle that landed some 200 yards away from the site provided a VIN number. The VIN number was traced to a truck manufactured by Ford, purchased by Ryder in Florida, and last rented at a shop in Junction City, Kansas.
A sketch artist drew a picture of the renter, and the FBI made the rounds in Junction City, looking for anyone who had seen him. Lea McGowan, the proprietor of the Dreamland Motel, recognized him, and an all-points-bulletin went out for Timothy McVeigh.
Meanwhile, 48 hours after the bombing, I was on the FBI plane traveling to Oklahoma. In those days, the plane could not make it to Oklahoma in one jump. We had to refuel in Indiana.
When I stepped outside, an agent handed me a cell phone. You would not recognize it today – in those days, a cell phone was the size (and weight) of a brick.
It was Attorney General Janet Reno calling. McVeigh had been found in the Noble County jail.
Charlie Hanger, then a sharp-eyed Oklahoma state trooper – who until last year was the Noble County Sheriff – had stopped him 90 minutes after the bombing for a missing license plate.
Charlie noticed that McVeigh was concealing a gun, arrested him for unlawful possession, and brought him to the jail. He was about to be released when the FBI arrived.
When I landed, we drove immediately to Tinker Air Force Base. McVeigh’s first presentment to a magistrate was held there because the federal courthouse had been damaged along with the Murrah building. I argued that McVeigh should be detained, and the magistrate agreed.
We then drove to the bomb site. First, we had to pass through a ring of Humvees. The National Guard had encircled a radius of more than 16 blocks that had been damaged by the bomb. Shattered glass and crumbled bricks were everywhere.
It was night, but you would not have known it. Bright lights lit the site up as if it were midday. The front of the Murrah Building was gone. The parking lot across the street still held cars that had been flattened by the blast.
An army of first responders was crawling all over the wreckage. They had rushed to the scene from across Oklahoma and across the country. They included rescue workers from my own Maryland community, who had arrived even before I did.
They were sifting through the rubble for survivors and the dead. And everyone was crying.
At the time, we did not know exactly how many people had died. But we did know that the children’s center, which had been at the front of the building, was gone.
Then and there, we made a vow. We promised that we would find the perpetrators, that we would bring them to justice, and that we would do so in a way that honored the Constitution.
A command post was set up in a Southwestern Bell dispatch building, the windows of which had been blown out by the blast. Oklahoma law enforcement officers and federal agents from across the country, worked hand-in-hand to follow the evidence and put the case together.
Governor Frank Keating made clear there would be none of the typical inter-agency rivalries that weaken investigations. “Let’s just find the people who did this,” he told me.
And as we continued that task, we never forgot the victims, in whose memories we worked.
We met with many of you who are here today, family members and survivors. We went to the memorial service together. I carried the program for that service in my briefcase, everywhere I went.
Weeks later, we stood with some of you on the rooftop of a nearby building as we watched the remains of the Murrah building being taken down.
We tried to treat you as we would have wanted our own families to be treated.
And in return, you and all of Oklahoma City treated us like family. You took care of us – the first responders, investigators, and prosecutors who had converged on the city from across the country.
The Salvation Army kept a food line going to feed us day and night. I don’t remember what I ate, but I know I was never hungry. Nearby tables were piled high with donations of everything from toothpaste to deodorant, from sweatshirts to rain jackets.
A barbershop relocated to the convention center and offered free haircuts. When I look at photographs from those days, I realize I did not visit the barber often enough.
One resident noticed our increasingly disheveled look and even set up a laundry service at the command center.
I cannot express the depth of my gratitude for your thinking of our comfort in the midst of your pain. Nor the depth of my admiration for the care Oklahomans extended to those who were hurting, neighbors and strangers alike.
This came to be known as "the Oklahoma Standard" – a spirit of community service, generosity, and kindness that we had never seen before. The Oklahoma City National Memorial and Museum keeps the Oklahoma Standard going to this day.
As Mr. Kennedy noted, once a week the museum hosts "Better Conversations," to bring together people from different backgrounds, different politics and different ideologies, to discuss issues about which they disagree.
It may not change minds, but it fosters understanding. And understanding is key to living peacefully, side-by-side, looking for common ground instead of allowing our differences to polarize us.
****
It is now 26 years since the bombing. And it is as surprising to me as it is to you that I am now the Attorney General of the United States.
Although many years have passed, the terror perpetrated by people like Timothy McVeigh is still with us. Just last month, the FBI warned of the ongoing and heightened threat posed by domestic violent extremists.
Those of us who were in Oklahoma City in April 1995 do not need any warning. The hatred expressed by domestic violent extremists is the opposite of the Oklahoma Standard.
And this memorial is a monument to a community that will not allow hate and division to win.
The Department of Justice is pouring its resources into stopping domestic violent extremists before they can attack, prosecuting those who do, and battling the spread of the kind of hate that leads to tragedies like the one we mark here today.
We must all stand together against them – for the safety of our communities, and for the good of our country.
As Kari Watkins, the executive director of the memorial and museum, often says: "On this sacred ground, we [must] work to find common ground."
Oklahoma City, you are always in my heart.
Thank you.
Armed Drug Trafficker Sentenced to 20 Years in Federal PrisonRead the Press Release
NEW BERN, N.C. – Jerome Davis, 39, of Brunswick County, was sentenced on Friday to 240 months in federal prison for conspiracy to possess with intent to distribute a quantity of cocaine, heroin, and crack cocaine, distribution of a quantity heroin, possession with intent to distribute a quantity of cocaine, cocaine base (crack) and marijuana, possession of firearm by convicted felon, and possession a firearm in furtherance of a drug trafficking.
According to court documents and evidence presented in court, on May 25, 2016, the New Hanover County Sheriff’s Office made a controlled purchase using a confidential informant of heroin from Davis in the area of Princess Place Drive in Wilmington, North Carolina. Between March and September 2019, the Wilmington Police Department made several controlled purchases from Davis of either cocaine or a mixture of cocaine and fentanyl.
On September 27, 2019, the Federal Bureau of Investigation, Brunswick County Sheriff’s Office, and the Wilmington Police Department conducted a search of Davis’ residence in Leland, North Carolina. During the search, deputies found a loaded 9mm handgun, crack cocaine, cocaine, marijuana, and $27,000 in cash. Davis was present during the search. A storage unit used by Davis was also searched and a shotgun with a ten drum magazine and a stolen .357 handgun were recovered. Davis is a convicted felon and prohibited from possessing a firearm.
Davis had prior convictions for felony burglary, assault inflicting serious injury, possession with intent to sell or deliver cocaine and marijuana, conspiracy to sell or deliver heroin, sale of schedule I and II controlled substances, and felony resisting an officer with violence.
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 Federal Bureau of Investigation, Wilmington Police Department and the Brunswick and New Hanover County Sheriff’s Offices investigated the case. Assistant U.S. Attorney Timothy Severo prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:19-cr-00183-FL.
Armed Drug Dealer Sentenced to more than Eight Years in Federal Prison on a Firearm ChargeRead the Press Release
A convicted felon, and armed drug dealer, who unlawfully possessed a gun was sentenced April 14, 2021 to more than eight years in federal prison.
Gregory Sewalson, age 34, from Sioux City, Iowa, received the prison term after a December 7, 2020, guilty plea to illegal possession of a firearm as a felon. Evidence presented by the United States at the detention, change of plea, and sentencing hearings revealed on September 14, 2019, when officers executed search and arrest warrants for defendant, he was in his basement apartment. Instead of surrendering, he hid his gun in a ceiling tile in his bedroom, scattered more than 65 grams of pure (actual) methamphetamine throughout his basement apartment, and initially refused to surrender to law enforcement. Sewalson had previously been convicted of felony theft in 2014 and felony disarming a peace officer in 2017. He was also convicted of possession of a controlled substance 3rd offense in 2018.
Sentencing was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Sewalson was sentenced to 102 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Sewalson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was investigated by the Sioux City Police Department and the United States Department of Justice -- Bureau of Alcohol, Tobacco, Firearms, and Explosives and was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4025
Follow us on Twitter @USAO_NDIA.
Arkansas Man Pleads Guilty to Illegally Damaging and Removing Trees from National ForestRead the Press Release
SPRINGFIELD, Mo. – An Arkansas man pleaded guilty in federal court today to illegally damaging and removing more than two dozen trees from a national forest.
Jamie R. Edmondson, 46, pleaded guilty before U.S. Chief Magistrate Judge David P. Rush to one count of depredation of government property.
By pleading guilty today, Edmondson admitted that he illegally cut and removed 27 walnut and white oak trees in the Mark Twain National Forest in Barry County, Mo., between June 1, 2019, and Jan. 31, 2020, without the permission of the U.S. Forest Service, which owns and manages the national forest. Edmondson sold the timber to various sawmills in the area.
According to the plea agreement, federal agents installed surveillance cameras in the areas of the national forest where numerous trees had been removed. The cameras captured images of the truck used by Edmondson, which was later located by law enforcement.
As part of his plea agreement, Edmondson admitted that the government can prove by a preponderance of the evidence that the value of the timber was at least approximately $20,269, and that the ecological damage value of the trees cut from the national forest and the damage remediation costs to the U.S. Forest Service from his actions within the national forest are at least $44,414.
Under federal statutes, Edmondson 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 Casey Clark. It was investigated by the U.S. Forest Service and the Barry County, Mo., Sheriff’s Department.
Ainsworth Man Sentenced to Prison for Drug and Firearm ChargesRead the Press Release
DAVENPORT, Iowa — On Thursday, April 15, 2021, United States District Court Chief Judge John A. Jarvey sentenced Curtis Anthony Cousins, age 37, of Ainsworth, to 210 months in prison for Possession with Intent to Distribute Methamphetamine and Possession of a Firearm in Furtherance of a Drug Trafficking Crime announced Acting United States Attorney Richard D. Westphal. Cousins was ordered to serve five years of supervised release to follow his prison term and pay $200 to the Crime Victims’ Fund.
The investigation began in January of 2019 when law enforcement identified Cousins as a distributor of “ice” methamphetamine in the Washington County area. Following a search warrant at a residence Cousins was renting, officers found distribution quantities of ice methamphetamine, materials consistent with drug trafficking, two handguns, and drug proceeds. Cousins, as a convicted felon, is prohibited from legally possessing firearms.
This matter was investigated by the Washington County Sheriff’s Office and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Acting U.S. Attorney Patel names Senior Litigation CounselRead the Press Release
COLUMBUS, Ohio – Acting United States Attorney Vipal J. Patel announced today that Assistant United States Attorney Heather A. Hill will serve as the district’s Senior Litigation Counsel.
“Heather has a distinguished career as a federal prosecutor, both in the Southern District of Ohio and the U.S. Attorney’s Office in D.C.,” Patel said. “She has been a mentor in our Columbus office, and will no doubt continue in that capacity, now for our entire district.”
The Senior Litigation Counsel is a federal prosecutor with at least five years of experience who has been recognized as an outstanding litigator. The SLC is responsible for in-office training of other Assistant United States Attorneys. Hill will also serve as the Criminal Discovery Coordinator.
Hill joined the U.S. Attorney’s Office for the Southern District of Ohio in 2011. In her decade with the Columbus office, she has served as the district’s Project Safe Childhood Coordinator and Human Trafficking Coordinator. She has prosecuted more than 100 cases involving online crimes against children.
Prior to joining the office, Hill did work in the Sex Offense and Domestic Violence Division of the United States Attorney’s Office for the District of Columbia and clerked for the Hon. Robert I. Richter, formerly of the D.C. Superior Court. She attended the George Washington University Law School and received her bachelor’s degree at the University of Missouri.
Hill’s appointment as SLC is pending final administrative approval.
Acting U.S. Attorney Patel commends the office’s prior SLC, Assistant United States Attorney Douglas Squires, for his years of service to the office and the district. AUSA Squires recently began an assignment with the Executive Office of United States Attorneys.
Hill is one of approximately 70 Assistant United States Attorney’s that serves the Southern District of Ohio. The U.S. Attorney’s Office also includes approximately 50 non-attorney personnel and covers the southern 48 counties in the state. The office prosecutes federal crime and represents the United States in civil litigation.
# # #
40th Annual National Crime Victims' Rights WeekRead the Press Release
Every April, the Department of Justice leads communities across the Nation in their annual
observance of National Crime Victims’ Rights Week. This year is the event’s 40th anniversary.
Throughout the week, we renew our commitment to serving all victims of crime, acknowledge
significant achievements in victim services and allied professions, and remember crime victims and
survivors. This year’s theme — Support Victims. Build Trust. Engage Communities. — emphasizes the
importance of leveraging community support to help victims of crime.The U.S. Attorney’s Office for the Southern District of Illinois prioritizes victim cases,
especially violent crimes, hate crimes, crimes against the elderly, and crimes against children.
Seeking justice for victims involves extensive coordination, not only with our outstanding
partners in law enforcement, but also with community organizations, care providers, social
services, and victim advocates.“This week we honor all who work tirelessly and compassionately to care for the needs of crime
victims,” said U.S. Attorney Steven D. Weinhoeft. “Their jobs have been especially vital during the
pandemic, as victims have struggled to connect with family, friends, and other support systems. We
also recognize the bravery and sacrifice of all those who serve honorably in law enforcement, who
put themselves at risk every day to prevent others from being victimized. The work they do has
never been more difficult, and we owe them a great debt of gratitude.”Organizations, programs, and individuals across the nation who have provided outstanding service in
support of crime victims will be honored at the 2021 National Crime Victim’s Service Awards
Ceremony, which will be held virtually on April 23, 2021, from 3:00 to 4:30 p.m. eastern time. To
register for the ceremony, please visit https://go.usa.gov/xssdb. Visitors to the website can also
access the 2021 National Crime Victims’ Rights Week Resource Guide, which provides free event
planning ideas, graphics, videos, and more information for participating organizations.
Saturday 17 April 2021
Rapid City Man Indicted on Child Pornography ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man was charged in federal district court with Receipt of Child Pornography and Possession of Child Pornography.
James McKinstry, age 73, was indicted on February 19, 2021. McKinstry appeared before U.S. Magistrate Judge Daneta Wollmann on March 24, 2021, and pleaded not guilty to the charges. The maximum penalty upon conviction is a mandatory minimum of 5 up to 20 years in federal prison and/or a $250,000 fine, up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to McKinstry receiving and possessing child pornography between September 2016 and July 2020 at Rapid City. The charges are merely an accusation and McKinstry is presumed innocent until and unless proven guilty.
The investigation is a joint effort between the South Dakota Division of Criminal Investigation, Department of Homeland Security, Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
McKinstry was released on conditions pending trial. A trial date has been set for June 1, 2021.
Drug Trafficking Group Sentenced for Distributing Heroin and Methamphetamine on the Wind River Reservation and in Fremont CountyRead the Press Release
Acting United States Attorney Bob Murray announced today that the United States District Court for the District of Wyoming has completed sentencing of three defendants charged in a drug trafficking case. ELIZABETH THERESA SMITH (38), from Riverton, KEVIN VANNDARA CHANTHAPANNHA (29), from Utah, and KENNETH BLAKE WOOD (28), from Lander, were all convicted and sentenced related to their involvement in a conspiracy to distribute heroin and methamphetamine.
While conducting investigations into the distribution of controlled substances in the Fremont County area, the Wyoming Division of Criminal Investigation identified Smith and Chanthapannha as supplying significant quantities of heroin and methamphetamine throughout Fremont County. On May 21, 2020, Smith and Chanthapannha were arrested during a joint operation involving the DCI and law enforcement officers with the Lander Police Department, the Fremont County Sheriff’s Office, the Bureau of Indian Affairs, and the Wind River Police Department.
The investigation revealed that Smith and Chanthapannha, both armed drug traffickers, were obtaining multiple ounces of heroin and as much as a pound of methamphetamine on a near monthly basis, for more than a year, from sources of supply in the Salt Lake City, Utah area and bringing those drugs back to Lander for distribution throughout Fremont County and the Wind River Reservation. Wood served as a key dealer for Smith and Chanthapannha and purchased from them on an almost daily basis.
Smith, Chanthapannha and Wood were initially charged by the Fremont County Attorney’s Office. After consultation with local prosecutors, the United States Attorney’s Office for the District of Wyoming undertook their federal prosecution. All three defendants entered guilty pleas in lieu of going to trial and were sentenced as follows: Smith received a total of 216 months’ imprisonment – 156 months for the drug conspiracy and a consecutive 60 months for possession of a firearm during the conspiracy; Chanthapannha received a total of 190 months’ imprisonment – 130 months for the drug conspiracy and a consecutive 60 months for possession of a firearm during the conspiracy; and Wood received 21 months’ imprisonment.
“It’s disheartening to see people like the defendants not only succumb to their addictions, but to then watch them profit from selling large quantities of meth and heroin to members of their community, ultimately destroying people’s lives,” said Acting United States Attorney Bob Murray. “We will not sit idly by and let criminals like Smith, Chanthapannha and Wood wreak havoc on the Fremont County communities and the Wind River Reservation by peddling drugs that cause a vicious cycle of addiction and crime. Instead, our office will remain steadfast in bringing these types of traffickers to justice and we will do so with the help or our state, local, and federal law enforcement partners.”
This crime was investigated by the Wyoming Division of Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bureau of Indian Affairs, the Fremont County Sheriff’s Office, and the Lander Police Department. The United States was represented by Assistant United States Attorney Timothy W. Gist.
Black Hawk Man Sentenced for Illegal Possession of FirearmsRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Black Hawk, South Dakota, man convicted on two counts of Possession of a Firearm by a Prohibited Person was sentenced by Jeffrey L. Viken, District Judge.
Dana Greening, age 26, was sentenced on April 15, 2021, to 100 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
The charges relate to Greening, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Glock, model 19, 9mm semi-automatic pistol and a Hi-Point, .40 caliber pistol, both with obliterated serial numbers. The Glock pistol was among the 24 firearms that were stolen by two other individuals from The Rooster sporting goods store in Rapid City in August 2018. During the investigation, 22 of the 24 stolen guns were recovered by law enforcement.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, South Dakota Department of Criminal Investigation, Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Greening was immediately remanded to the custody of the U.S. Marshals Service.
Aberdeen Man Charged with Distribution of Child PornographyRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Aberdeen, South Dakota, man has been indicted by a federal grand jury for Distribution of Child Pornography.
Charles Chambers, age 36, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge William D. Gerdes on April 13, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 years in federal prison and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about February 23, 2021, Chambers knowingly distributed and attempted to distribute child pornography that has been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.
The charge is merely an accusation and Chambers is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Aberdeen Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Chambers was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Friday 16 April 2021
Winston-Salem NC Pain Management Company to Pay $789,292.95 to Resolve Allegations of False Claims for Urine Drug TestingRead the Press Release
GREENSBORO, N.C. - Preferred Pain Management & Spine Care, P.A. (PPM) and its owner, Dr. David Spivey, have agreed to pay $789,292.95 to resolve civil allegations that PPM violated the False Claims Act by billing Medicare, Medicaid, and other federal health care programs for medically unnecessary urine drug testing (UDT) between June 1, 2014 and May 24, 2017, announced Acting U.S. Attorney Sandra J. Hairston.
The United States alleged that PPM knowingly submitted or caused the submission of false claims to federal health care programs for presumptive and definitive UDT, in circumstances where such testing was not medically reasonable or necessary. Presumptive UDT are tests that screen for the presence of drugs, and definitive UDT are tests that identify the concentration of those drugs in a patient’s system. The government alleged that PPM and Spivey automatically ordered both presumptive and definitive UDT for all patients at their monthly visits, without conducting individualized determinations of need or risk profile.
The United States further contended that PPM billed Medicare for specimen validity testing, a quality control process used to analyze a urine specimen to ensure that it has not been diluted or adulterated. Since January 2014, Medicare’s guidance has been explicit that specimen validity testing should not be separately billed to Medicare. The United States asserted that PPM nonetheless submitted claims to Medicare for specimen validity testing throughout 2014 and 2015.
This settlement resolves allegations originally brought in a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The whistleblower will receive $118,911.12 as her share of the federal recovery in this case, excluding recovery for allegedly improper specimen validity testing separately identified by the United States. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can also be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
“Our District is committed to ensuring that federally-funded medical procedures are ordered based on each patient’s medical needs and not for the purpose of increasing a provider’s profits,” said Acting United States Attorney Sandra Hairston. “We will continue to identify and pursue providers who submit false claims that lead to unnecessary costs for taxpayer-funded health care programs.”
“It is vital that agencies work together to hold health care providers accountable for the misuse of taxpayer funds,” said Lori A. Ahlstrand, Regional Inspector General for Audit Services at the U.S. Department of Health and Human Services. “With the use of forensic tools, our auditors identified suspicious billing and partnered closely with our Office of Counsel and the United States Attorney’s Office.”
This case was handled by the U.S. Attorney’s Office for the Middle District of North Carolina with assistance from the U.S. Department of Health and Human Services, Office of Counsel to the Inspector General, as well as the North Carolina Attorney General’s Medicaid Investigations Unit, the Office of Personnel Management, Office of Inspector General, and the Department of Veterans Affairs, Office of Inspector General. The United States was represented by Assistant United States Attorney Cassie Crawford.
The lawsuit is captioned United States ex rel. Kovalich v. Preferred Pain Management & Spine Care, P.A. et al., No. 18-CV-44 (M.D.N.C.). The claims settled by this agreement are allegations only, and there has been no determination of liability. The Settlement Agreement is not an admission of liability or wrongdoing by PPM.
###
Wareham Woman Indicted for Stealing Social Security BenefitsRead the Press Release
BOSTON – A Wareham woman was arrested on Wednesday, April 14, 2021 for stealing Social Security benefits.
Erika Cyr-Camara, 46, was indicted on one count of theft of public funds. She was released on conditions after making an initial appearance in federal court in Boston.
As alleged in the indictment, Cyr-Camara stole approximately $49, 275 in Social Security benefits from March 2016 through July 2019.
The charge of theft of public funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement. Special Assistant U.S. Attorney Karen Burzycki of Mendell’s Major Crimes Unit is prosecuting the case.
Wareham Man Pleads Guilty to Possession of Child PornographyRead the Press Release
BOSTON – A Wareham man pleaded guilty in federal court in Boston yesterday to possessing child pornography.
David St. Jacques, 56, pleaded guilty to one count of possession of child pornography. U.S. District Court Judge Patti B. Saris scheduled sentencing for Sept. 24, 2021. St. Jacques was charged by criminal complaint and has been in custody since his arrest in September 2020. St. Jacques was subsequently indicted by a federal grand jury in November 2020.
A search of St. Jacques’s residence on Sept. 29, 2020 resulted in the seizure of a computer, three phones and one thumb drive. St Jacques destroyed at least two other drives and attempted to destroy one of his phones when agents arrived to execute the warrant. St. Jacques admitted to exchanging child pornography with other individuals on various chatting applications, and child pornography was discovered during the forensic review of devices that were still intact.
In March 2009, St. Jacques was convicted in Plymouth County Superior Court of several counts of dissemination and possession of child pornography.
Due to the prior felony conviction, St. Jacques faces a mandatory minimum sentence of 10 years and up to 20 years in prison, five years and up to life of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement. Assistant U.S. Attorney Anne Paruti, Mendell’s Project Safe Childhood Coordinator and Deputy Chief of the Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Virginia Beach Woman Sentenced for Defrauding Nearly 1,700 Victims in $1 Million Small Business Loan ScamRead the Press Release
NORFOLK, Va. – A Virginia Beach woman was sentenced today to five years in prison for her role in an internet-based loan scam that defrauded nearly 1,700 owners and prospective owners of small businesses out of $1,076,000.
According to court documents, Terri Beth Miller, 53, along with her husband, Ronald A. Smith, 60, set up an internet-based company, Business Development Group, that offered, in exchange for an advance fee, assistance to individuals in preparing applications to obtain loans guaranteed by the Small Business Administration (SBA). From August 2012 through February 2018, Miller and Smith solicited potential customers on the basis of false, fraudulent, and misleading statements and representations, including that the company was headquartered at the Trump Building in New York City with additional offices in Las Vegas, that it was affiliated with the SBA, that it had favorable relationships with banks across the nation, and had assisted well-known large companies in obtaining SBA loans. They offered a money-back guarantee, but in fact employed various fraudulent methods to deny refunds. Miller ran the day-to-day operations of the company with the knowledge that it was a fraudulent enterprise.
“Miller and Smith’s brazen scheme resulted in over a million dollars in losses and inflicted serious financial and emotional hardship to many of their nearly 1,700 victims,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “For those who seek to deprive our hardworking community members from receiving crucial financial assistance, you will be held accountable in EDVA and brought to justice.”
Miller and Smith solicited 1,669 customers, who paid an aggregate sum of about $1,076,000 in advance fees. Most of these customers did not receive an SBA-guaranteed loan.
Smith and Miller were previously convicted of criminal conduct before they executed this scheme. In 2006, Smith was prosecuted in the Eastern District of Virginia for nearly the identical advance-fee scam. In 2008, Miller was prosecuted in the Western District of Pennsylvania for malicious destruction of property by fire after she set fire to a business to obtain the insurance proceeds.
Miller pleaded guilty on October 23, 2020 to wire fraud and engaging in monetary transactions in criminally derived property. On April 9, 2021, Smith was sentenced to 10 years in prison for his role in the advance-fee scheme and other fraudulent conduct relating to COVID-19 unemployment benefits.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office; Derek Pickle, Special Agent in Charge of the Washington, DC Regional Office of the U.S. Department of Labor, Office of Inspector General; and Amaleka McCall-Brathwaite, Special Agent in Charge of the SBA’s Office of Inspector General, Eastern Region, made the announcement after sentencing by U.S. District Judge John A. Gibney, Jr.
The investigation was jointly conducted by the FBI, U.S. Postal Inspection Service, Small Business Administration, and Department of Labor Office of Inspector General.
Assistant U.S. Attorney Alan M. Salsbury 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. 2:20-cr-69.
Victoria Pease Sentenced for Distributing HeroinRead the Press Release
The United States Attorney for the District of Vermont announced that Victoria Pease, 32, was sentenced today in United States District Court in Burlington to time served following her guilty plea to a charge that she distributed heroin laced with fentanyl. U.S. District Judge Christina Reiss ordered that Pease immediately begin serving a three-year term of supervised release. Pease must also be on location monitoring for six months.
Last year, a federal grand jury charged Pease with distributing heroin in Brattleboro on March 12, 2020. Pease was arrested on the charge in August and has been detained since her arrest. Pease had a prior federal felony drug conviction sustained in 2017.
This case was investigated by the Vermont Drug Task Force.
Pease is represented by Katina Francis, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.
U.S. Attorney’s Office and Partners Invite the Public to Observe National Crime Victims’ Rights Week, April 18-24Read the Press Release
The U.S. Attorney’s Office and our partners at Tulsa Metropolitan Ministry, Tulsa County Sheriff’s Office, Tulsa Crime Stoppers, and the Family Safety Center join communities nationwide in observing National Crime Victims’ Rights Week, April 18-24, 2021, announced Acting U.S. Attorney Clint Johnson. The week promotes victims' rights, celebrates progress made in the field, and honors crime victims. This year’s theme is “Support Victims. Build Trust. Engage Communities”.
“The U.S. Attorney’s Office for the Northern District of Oklahoma stands with victims of crime and their families. We also recognize the unwavering support and vital work that our law enforcement and community partners perform every day to secure victims’ rights and support survivors,” said Acting U.S. Attorney Clint Johnson. “This week my office and our partners invite the public to join us as we encourage and show support to victims of crime."
* Throughout the week, the public is invited to join the U.S. Attorney’s Office and our partners virtually as we observe National Crime Victims’ Rights Week on the U.S. Attorney’s Office’s social media sites (FB: @usaondok; Twitter: @USAO_NDOK). Starting Sunday, April 18, Acting U.S. Attorney Clint Johnson will kick off the week-long virtual awareness event. Also, Tulsa Mayor GT Bynum will share a proclamation in support of crime victims. Throughout the week, messages of support and resource information will be shared by law enforcement, victim services agencies, and faith-based organizations from northeastern Oklahoma. The public is encouraged to share and comment in support of victims.
* Sunday at dusk, also look for the sky to be illuminated pink, purple, or yellow by several Tulsa businesses in honor of victims of crime. Businesses include ONEOK, ONE GAS, Oklahomans for Equality, and KJRH Ch. 2. Other businesses are also welcome to join in support.
* Also, an in-person public event, “A Community Day of Hope,” will be held Friday, April 23, from 10 am to 2 pm at Tulsa’s Promenade Mall west parking lot, (4107 South Yale Ave.) The event will be held outside due to COVID-19 considerations. Approximately 35 law enforcement, victim services and community agencies will share public safety and victim resource information. The Tulsa Fire Department will also distribute 200 backpacks to the public.
* Nationally, the Justice Department’s Office for Victims of Crime recognizes individuals and organizations that demonstrate outstanding service in supporting victims. The 2021 National Crime Victims’ Service Awards Ceremony will be held virtually on April 23, 2021, from 3:00 to 4:30 pm eastern time. Learn more and register to watch the ceremony live. #NCVRW2021 https://go.usa.gov/xH3zv
Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey. The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, 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.
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.
Agencies participating in “A Community Day of Hope” on April 23 at Tulsa’s Promenade Mall include:
U.S. Attorney’s Office for the Northern District of Oklahoma
Tulsa Crime Stoppers
Tulsa Metropolitan Ministry
Tulsa County Sheriff’s Office
Family Safety Center
Counseling & Recovery Services of Oklahoma
AAA
American Dream Center
Muscogee (Creek) Nation Family Violence Prevention Program
CASA
Oklahoma Department of Human Services - Adult Protective Services
Tulsa Fire Department
Traffic Safety Division/Oklahoma County Sheriff's Office/Oklahoma Highway Safety Office
FBI
Sand Springs Police Department
Tulsa Police Department Victim Witness Unit
Tulsa Police Department Community Engagement Unit
LIFE Senior Services
Oklahoma Highway Patrol
The Coffee Bunker
Surayya Anne Foundation Tulsa County District Attorney’s Office/Victim Witness Center
Wyandotte Nation Family Violence Prevention Program
SANE Program/Forensic Nursing
211 Eastern Oklahoma, Community Service Council
Marsy's Law of Oklahoma
Camp Hope
Legal Aid Services of Oklahoma
Cherokee Nation One Fire Victim Services
The Tristesse Grief Center
Equality Center of Oklahoma
YWCA
Parkside Psychiatric Hospital & Clinic
Ascension St. John Medical Center
DVIS (Domestic Violence Intervention Services)