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1 June 2021
Manchester Man Sentenced to 120 Months for Fentanyl TraffickingRead the Press Release
CONCORD - Adam W. Gagnon, 43, of Manchester, was sentenced to 120 months in federal prison for possession of fentanyl with intent to distribute, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on January 30, 2020, Manchester police detectives received information that Gagnon would be travelling to Lawrence, Massachusetts in an Uber to pick up a significant quantity of fentanyl for distribution. There were several outstanding warrants for Gagnon’s arrest. Detectives observed Gagnon travel to Lawrence in an Uber, enter a building for approximately 10 minutes and get into another Uber to head northbound. Detectives stopped the vehicle, arrested Gagnon on the warrants, and observed a cellophane wrapped package at Gagnon’s feet. The Uber driver consented to a search of the vehicle and the package was seized. A lab later confirmed the package contained over 480 grams of fentanyl.
Gagnon previously pleaded guilty on February 17, 2021.
“Fentanyl has caused horrific damage to communities throughout New Hampshire,” said Acting U.S. Attorney Farley. “Those who seek to profit from the sale of this deadly substance are poisoning our citizens and will be held accountable for their conduct. This defendant was trafficking a very substantial quantity of fentanyl. Thanks to the hard work of the Manchester Police Department, he is now out of business and behind bars.”
This matter was investigated by the Manchester Police Department. The case was prosecuted by Assistant U.S. Attorney Joachim H. Barth.
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
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Man Sentenced to 30 Months Imprisonment for Presenting A Fraudulent Transportation Worker Identification (TWIC) CardRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced today that on May 25, 2021, JIMMIE FLORES (“FLORES”), age 58, was sentenced on a one-count indictment for fraudulent use of a TWIC card in violation of Title 18, United States Code, Section 499. United States District Court Judge Greg Guidry sentenced FLORES to serve 30 months in federal prison. FLORES was placed on 3 years supervised release and ordered to pay a mandatory $100.00 special assessment cost.
According to court documents, FLORES presented a fraudulent Transportation Worker Identification Card (TWIC) to security personnel in Galliano, Louisiana in an attempt to be flown by helicopter to an oil rig in the Gulf of Mexico. Security personnel questioned the authenticity of the card and ultimately denied FLORES’s admission to the rig. FLORES admitted to buying the counterfeit card at a Houston, Texas flea market. The Court ordered FLORES to report to prison on June 28, 2021.
U.S. Attorney Duane Evans praised the work of the United States Coast Guard Investigative Service in investigating this matter. Assistant U. S. Attorney Carter K. D. Guice, Jr. was in charge of the prosecution.
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Man Indicted on Federal Murder ChargeRead the Press Release
LONDON, Ky. — A federal grand jury sitting in London, has indicted Patrick Baker, 42, a resident of Frankfort, Ky., on a federal charge of murder, committed during a robbery and kidnapping related to drug trafficking.
The indictment alleges that Baker committed a robbery and kidnapping, during which the death of Donald Mills occurred by use of a firearm and a quantity of pills containing oxycodone were taken. The indictment alleges the offense occurred in May of 2014, in Knox County, Kentucky.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearm and Explosives Louisville Field Office; and Colonel Phillip Burnett, Jr., Commissioner, Kentucky State Police, jointly announced the indictment.
The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearm and Explosives and the Kentucky State Police. The indictment was presented to the grand jury by Assistant U.S. Attorney Jenna E. Reed.
Baker is scheduled to appear in U.S. District Court, at 4:30 p.m. on Tuesday, June 1 in London.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
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Man Charged with Attempting to Provide Material Support to a Foreign Terrorist OrganizationRead the Press Release
A Washington man was arrested on Friday, May 28, at Seattle-Tacoma International Airport on criminal charges related to his alleged efforts to join Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, in order to engage in violent acts of terrorism in the Middle East or the United States.
According to court documents, Elvin Hunter Bgorn Williams, 20, of Seattle, was arrested as he prepared to board an international flight following a lengthy investigation into his efforts to join ISIS.
“As alleged, Williams was determined to support ISIS either by traveling overseas to join and fight with the terrorist organization, or by conducting an attack here in the United States,” said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. “The FBI was just as determined to stop him, and he was intercepted as he tried to make his way abroad. The threat of terrorism at home and abroad remains, and the National Security Division is committed to holding accountable those who would provide material support to foreign terrorist organizations. I want to thank the agents, analysts, and prosecutors who are responsible for this case.”
“This defendant proved persistent in his efforts to join ISIS – speaking with enthusiasm about acts of horrific bloodshed in the Middle East and here at home,” said Acting U.S. Attorney Tessa M. Gorman for the Western District of Washington. “I want to commend those citizens who contacted law enforcement – including his family and faith community - expressing concerns about the defendant’s radicalization. Their courage to speak up and work with law enforcement was important to ensure public safety.”
“This individual self-radicalized, pledged loyalty to ISIS, and became consumed with activities to join the cause overseas,” said Special Agent in Charge Donald M. Voiret of the FBI Seattle Field Office. “We are grateful for the concerned citizens and family members who reported his behavior on multiple occasions and all of the law enforcement agencies who worked tirelessly on this case. These combined efforts no doubt saved lives.”
“Today’s announcement should serve as a warning that the FBI is determined to see justice served upon those who would attempt to support terrorist organizations and acts of violence against the United States at home and abroad,” stated Acting Assistant Director Patrick Reddan Jr. of the FBI’s Counterterrorism Division. “This individual’s efforts to travel overseas to join ISIS and engage in violent terrorist activities has now been thwarted due to the relentless work of the FBI and its law enforcement partners. This announcement should also serve as a stark reminder of the persistent threat posed by foreign terrorist organizations to the Homeland. Combatting terrorism remains the FBI’s top priority. The men and women of the FBI are committed to working with our Joint Terrorism Task Force partners to protect the communities we serve.”
In November 2020, a member of a Seattle-area mosque contacted the FBI with concerns about Williams. The mosque had attempted to provide support and guidance to Williams, but members became aware he was deeply involved in ISIS propaganda. Williams was using mosque-provided electronic devices to engage in online chats with ISIS radicals and to view ISIS propaganda videos of beheadings and other acts of violence. In November 2020, Williams allegedly swore an oath of allegiance to ISIS.
Using confidential sources close to Williams, the FBI monitored his activity and became aware of his efforts to travel to the Middle East and join ISIS. Williams expressed to his associates that if he could not travel overseas, he would commit an attack in the U.S. on behalf of ISIS. Williams began communicating with those he believed were ISIS recruiters who could get him to an ISIS terror cell in the Middle East or other parts of the world.
In early May 2021, Williams booked airline travel from Seattle to Amsterdam and on to Egypt to join ISIS. On Friday May 28, 2021, he went to Sea-Tac Airport to catch the first leg of his international flight. Williams was arrested at the departure gate.
Williams is charged with attempting to provide material support to a foreign terrorist organization. If convicted, he faces up to 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI’s Joint Terrorism Task Force in Seattle with assistance from the King County Sheriff’s Office; U.S. Customs and Border Protection; Homeland Security Investigations; Federal Air Marshals; U.S. Citizenship and Immigration Services; U.S Marshals Service; U.S. Postal Inspection Service; Transportation Security Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; Naval Criminal Investigative Service; Seattle Police Department; Bellevue Police Department; and Port of Seattle Police Department are investigating the case.
Assistant U.S. Attorney Todd Greenberg of the Western District of Washington’s Violent Crimes and Terrorism Unit, and Trial Attorney Andrew Sigler of the National Security Division’s Counterterrorism Section are prosecuting the case.
A complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Madera Man Pleads Guilty to Poly-Drug ConspiracyRead the Press Release
FRESNO, Calif. — Patrick Maldonado, 46, of Madera, pleaded guilty today to conspiring to distribute and possess with intent to distribute cocaine and marijuana, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, in November 2018, Maldonado coordinated with Tan Minh Vo, 48, of San Jose, to send two shipments of marijuana to Halen Frazier, 34, of Kingsville, Missouri. The first shipment was seized from Frazier during a traffic stop after Tien Van Phan, 56, of Milpitas, delivered 92 pounds of marijuana to him in two suitcases at a hotel in Kansas City.
Later, agents intercepted calls between Maldonado, co-defendant Elias Zambrano Jr., 41, of Fresno, and Frazier in which they discussed the shipment of 384 pounds of marijuana to Frazier in Kansas City. Maldonado and Zambrano had packed the load in the trailer of a truck driven by co-defendant David McGowan, of Kansas City. Arizona State Troopers discovered the marijuana and $1,629 in cash after a traffic stop.
Following these seizures, agents executed a search warrant at Maldonado’s residence in Madera and found more than 3 kilograms of cocaine, 20 pounds of marijuana, a handgun, and approximately $45,281 in cash. In pleading guilty, Maldonado also agreed to the forfeiture of the firearm and cash.
This case is the product of an investigation by the Central Valley High Intensity Drug Trafficking Area Task Force consisting of agents from the Drug Enforcement Administration, Homeland Security Investigations, the Federal Bureau of Investigation, the Tulare, Kings, and Fresno County Sheriff’s Offices, the Fresno Police Department, the Arizona Department of Health, and the Kansas City Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Maldonado is scheduled for sentencing on Aug. 23. He faces a minimum statutory penalty of five years in prison and a maximum statutory penalty of 40 years in prison, along with a $5 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Frazier and Phan previously entered guilty pleas to the drug conspiracy and were sentenced to two years and three months and three and one half years in prison, respectively. Zambrano recently entered a guilty plea and is scheduled for sentencing on Aug. 16.
Charges are pending against McGowan and Vo, who are scheduled for a status conference on July 28. As to these defendants, the charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Milwaukee Man Sentenced to Federal Prison for Robbing an ATF Task Force Officer at GunpointRead the Press Release
Acting U.S. Attorney Richard G. Frohling of the Eastern District of Wisconsin announced that on May 20, 2021, Chief United States District Judge Pamela Pepper sentenced Donquell Franklin (age 30), of Milwaukee, Wisconsin, to 84 months in federal prison for an armed robbery of an undercover ATF Task Force Officer. Judge Pepper ordered that his sentence run consecutive to his state revocation sentence.
On March 2, 2021, Franklin entered a guilty plea to robbery of personal property of the United States, in violation of Title 18, United States Code, Section 2112, and using and carrying a firearm in furtherance of the robbery, in violation of Title 18, United States Code, Section 924(c).
According to the plea agreement, in 2017, ATF agents and task force officers were conducting an undercover investigation of illegal firearm sales. On April 4, 2017, Franklin went into the vehicle of an undercover ATF task force officer and pointed a semi-automatic pistol at the officer. When the officer pushed the gun away, Franklin ejected the magazine, re-inserted it, racked the slide, and pointed it at the officer again. Franklin robbed the officer of ATF buy money, an ATF issued iPhone, and the keys to the vehicle. Law enforcement officers quickly arrived at the scene, pursued Franklin by foot, and found him hiding in a garage in an alley on West McKinley Avenue in Milwaukee. Officers recovered from Franklin’s flight path the firearm, the iPhone, and the keys to the undercover officer’s vehicle.
The Milwaukee Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Milwaukee Police Department, and the Milwaukee County Sheriff’s Office investigated the case. The case was prosecuted by Assistant U.S. Attorney Benjamin A. Wesson.
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Louisville Man Sentenced for Aiming A Laser at an LMPD HelicopterRead the Press Release
Louisville – A Louisville man was sentenced last week to 2 years of probation, including 8 months of home incarceration, for aiming a laser pointer at a Louisville Metro Police helicopter.
According to court documents, Manuel Martin Salazar-Leija, Jr., 26, of Louisville, aimed the beam of a laser pointer at an LMPD helicopter on September 25, 2020, during protests in the city. Lasers can blind pilots and cause the aircraft to crash, and aiming a laser at an aircraft is a federal felony offense.
In addition to 2 years of probation and 8 months of home incarceration, United States District Court Judge David Hale ordered Salazar-Leija, Jr., to pay a $2,500 fine and the costs of his home incarceration.
The Federal Bureau of Investigation investigated the case, and Assistant U.S. Attorney David Weiser prosecuted the case.
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Lee County Man Sentenced to Seven Years in Federal Prison for Distributing Child Sexual Abuse Images Using the InternetRead the Press Release
Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Kyle William O’Brien (28, Estero) to 7 years in federal prison for using the internet to distribute images depicting the sexual abuse of children. O’Brien was also sentenced to a lifetime term of supervised release and was ordered to register as a sex offender.
O’Brien had pleaded guilty on December 26, 2019.
According to court documents, an individual that O’Brien had met through an online dating application (app) contacted the FBI after O’Brien had sent her images depicting the sexual abuse of children. The woman reported that after she had met O’Brien online on the dating app, the two met in person on February 1, 2019. During their visit, the woman saw O’Brien looking at and swiping through images on his cellphone that depicted the sexual exploitation and abuse of children. Later, O’Brien sent the woman an online message using the dating app to invite her to watch a child exploitation video on his television. O’Brien continued to send the woman messages, he also sent her child sex abuse images.
On April 25, 2019, FBI agents executed a federal search warrant at O’Brien’s home and seized his cellphone. During an interview with law enforcement, O’Brien admitted sending child exploitation materials to the woman from his cellphone. A subsequent forensic examination of O’Brien’s cellphone revealed that the device had been used to search for images and videos depicting the sexual abuse of young children and also contained more than 100 hyperlinks to websites that hosted such materials.
This case was investigated by the Federal Bureau of Investigation, Fort Myers Child Exploitation and Human Trafficking Task Force. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Laplace Man Pleads Guilty to Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced today that RICHARD GRAY, age 60, a resident of LaPlace, Louisiana, pleaded guilty on May 27, 2021 to an Indictment. In Count One, GRAY pled guilty to conspiracy to distribute and possess with the intent to distribute a quantity of a mixture or substance containing a quantity of cocaine hydrochloride. In Count Six, GRAY pled guilty to knowingly and intentionally using a telephone in committing, causing, and facilitating the commission of the violation in Count One.
The Honorable District Court Judge Mary Ann Vial Lemmon will sentence GRAY on September 23, 2021. GRAY faces a maximum sentence of up to twenty years of imprisonment, a fine up to $250,000.00, a period of supervised release not less than three years, and a mandatory assessment fee of $100.00, as it relates to Counts One. For Count Six, GRAY faces a maximum sentence of four years imprisonment, a fine up to $250,000.00, a period of supervised release up to one year, and a mandatory assessment fee of $100.00.
The case was investigated by the U.S. Drug Enforcement Administration and the St. John the Baptist Sheriff’s Office. Assistant United States Attorney Bayonle Osundare is prosecuting the matter.
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KC Man Sentenced for Stolen FirearmRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Missouri, man was sentenced in federal court today for possessing a stolen firearm.
Donte Hardy, 32, was sentenced by U.S. District Judge Greg Kays to nine years and four months in federal prison without parole.
On April 23, 2021, Hardy pleaded guilty to possessing a stolen firearm.
Hardy was arrested on Jan. 23, 2017, following a traffic stop after Kansas City police officers saw him driving a car they believed might be stolen. Hardy initially accelerated, reaching speeds up to 85 miles per hour, but was eventually stopped. Hardy, who was driving with a suspended license, was on state supervision for distributing a controlled substance.
Hardy had $884 in his pocket. When officers searched the vehicle they found three plastic bags that contained a total of 165 grams of marijuana, a bag that contained cocaine, a bag that contained approximately 60 pills (including methamphetamine), and a loaded Beretta .40-caliber pistol. The pistol had been purchased from a firearms dealer in Pennsylvania in 2013 by another person, and Hardy admitted that he knew it was stolen.
Hardy has two prior felony convictions for distributing a controlled substance, a prior felony conviction for possessing a controlled substance, and prior felony conviction for illegally possessing a firearm.
This case was prosecuted by Assistant U.S. Attorneys Patrick C. Edwards and Gregg R. Coonrod. It was investigated by the Kansas City, Mo., Police Department.
Justice Department Settles Investigation into Language Barriers in the Hazleton Police DepartmentRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania and the Justice Department announced the United States has reached a settlement agreement with the Hazleton Police Department (HPD) and the City of Hazleton, Pennsylvania, to help people with limited English proficiency (LEP) communicate with the police.
The agreement resolves a Justice Department investigation of the HPD under Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination on the basis of race, color, and national origin by recipients of federal assistance, such as the HPD. The Justice Department initiated its review after receiving a complaint from the Community Justice Project on behalf of an LEP Hazleton resident who, on two separate occasions, within days of each other, had been forced to rely on his young son and then a co-worker to communicate with the police. HPD has since agreed to secure appropriate and reliable means of communicating with the City’s large Spanish-speaking community.
"Timely and accurate communication between limited English proficient residents and police officers is essential to public safety,” said Assistant Attorney General Kristen M. Clarke for the Civil Rights Division. "The changes required by this agreement will benefit crime victims and witnesses, but also help police officers do their jobs. We are pleased that Hazleton’s City and Police Department leadership support improvements to police policy and practices on language services."
“Our office is proud to have joined with the Civil Rights Division on this important case,” said Acting U.S. Attorney Bruce D. Brandler. “Ensuring that all individuals can communicate with law enforcement officers benefits all involved and is fundamental to our democracy.”
Under the agreement, HPD will soon release a new standard operating procedure on language access that requires HPD officers to provide appropriate language assistance in any contacts with LEP community members. Over the next year, HPD and the City will take a number of additional steps, including providing Spanish and English language notices and complaint forms, assessing language skills of bilingual officers, and training staff on how and when to access interpreters and translations.
Enforcement of Title VI of the Civil Rights Act of 1964 is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and information about limited English proficiency and Title VI is available at www.lep.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/. Anyone in the Middle District of Pennsylvania may also report civil rights violations to Assistant United States Attorney Michael J. Butler, the Civil Rights coordinator of the U.S. Attorney’s Office for the Middle District of Pennsylvania by calling 717-614-4911 or emailing [email protected].
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Justice Department Requires Substantial Divestitures in Zen-Noh Acquisition of Grain Elevators from Bunge to Protect American FarmersRead the Press Release
The Department of Justice announced today that it will require Zen-Noh Grain Corp. (ZGC) to divest nine grain elevators in nine geographic areas located in five states along the Mississippi River and its tributaries in order to proceed with its proposed $300 million acquisition of 35 operating and 13 idled grain elevators from Bunge North America Inc.
The Justice Department’s Antitrust Division filed a civil antitrust lawsuit in the U.S. District Court for the District of Columbia to block the proposed merger. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the department’s competitive concerns.
“American farmers produce the crops that feed our nation and the world,” said Acting Assistant Attorney General Richard Powers of the Justice Department’s Antitrust Division. “Without this comprehensive divestiture, many American farmers would have faced lower prices for the corn and soybeans they produce. The divestiture of these assets protects vital competition in our nation’s agricultural industry.”
According to the complaint, the defendants are two of only a small number of competing grain purchasers in nine geographic areas. Without the required divestiture, the combined company likely would have been able to pay less for grain and lower the quality of services offered to farmers. The divestiture ensures that the buyer of the grain elevators will be well positioned to compete vigorously with the merged company in the purchase of corn and soybeans in the affected markets, preserving competition for the benefit of farmers in Arkansas, Iowa, Illinois, Louisiana and Missouri.
The divestiture required under the settlement would, if approved by the court, require ZGC to sell the grain elevators to Viserion Grain LLC (Viserion) or an alternative acquirer approved by the United States. Viserion’s management team has substantial experience in the grain industry.
Zen-Noh Grain Corporation, headquartered in Covington, Louisiana, is the U.S. subsidiary of the National Federation of Agriculture Cooperative Associations of Japan, Zen-Noh. Zen-Noh Grain Corporation trades and exports corn, soybeans, sorghum, wheat and byproducts from its export elevator in Convent, Louisiana, to Japan and other global markets.
Bunge North America Inc. is the North American arm of Bunge Limited. Bunge North America is headquartered in Chesterfield, Missouri. Its operations include grain origination, grain processing and grain trading.
Viserion Grain LLC is owned by Viserion International Holdco LLC, a Colorado-based global agriculture merchant formed with the financial backing of Pinnacle Management L.P. Pinnacle is a $3.2 billion private, New York-based alternative asset management firm that maintains a focus on global commodity markets and trading.
As required by the Tunney Act, the proposed settlement, along with a competitive impact statement will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Robert Lepore, Chief, Transportation, Energy and Agriculture Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street NW, Suite 8000, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon finding it is in the public interest.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Justice Department Announces Court-Authorized Seizure of Domain Names Used in Furtherance of Spear-Phishing Campaign Posing as U.S. Agency for International DevelopmentRead the Press Release
ALEXANDRIA, Va. – On May 28, 2021, pursuant to court orders issued in the Eastern District of Virginia, the United States seized two command-and-control (C2) and malware distribution domains used in recent spear-phishing activity that mimicked email communications from the U.S. Agency for International Development (USAID). This malicious activity was the subject of a May 27, 2021 Microsoft security alert, titled “New sophisticated email-based attack from Nobelium,” in which Microsoft attributed the activity to a nation-state group.
The Department’s seizure of the two domains was aimed at disrupting the malicious actors’ follow-on exploitation of victims, as well as identifying compromised victims. However, the actors may have deployed additional backdoor accesses between the time of the initial compromises and the seizures.
“Cyber intrusions and spear-phishing email attacks can cause widespread damage throughout affected computer networks, and can result in significant harm to individual victims, government agencies, NGOs, and private businesses,” said Acting U.S. Attorney Raj Parekh for the Eastern District of Virginia. “As demonstrated by the court-authorized seizure of these malicious domains, we are committed to using all available tools to protect the public and our government from these worldwide hacking threats.”
“Last week’s action is a continued demonstration of the Department’s commitment to proactively disrupt hacking activity prior to the conclusion of a criminal investigation,” said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. “Law enforcement remains an integral part of the U.S. government’s broader disruption efforts against malicious cyber-enabled activities, even prior to arrest, and we will continue to evaluate all possible opportunities to use our unique authorities to act against such threats.”
“The FBI remains committed to disrupting this type of malicious cyber activity targeting our federal agencies and the American public,” said Assistant Director Bryan Vorndran of the FBI’s Cyber Division. “We will continue to use all of the tools in our toolbelt and leverage our domestic and international partnerships to not only disrupt this type of hacking activity but to impose risk and consequences upon our adversaries to combat these threats.”
“Friday’s court-authorized domain seizures reflect the FBI Washington Field Office’s continued commitment to cyber victims in our region,” said Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office. “These actions demonstrate our ability to quickly respond to malicious cyber activities by leveraging our unique authorities to disrupt our cyber adversaries.”
As described in the seizure documents, on or about May 25, 2021, malicious actors commenced a wide-scale spear-phishing campaign leveraging a compromised USAID account at an identified mass email marketing company. Specifically, the compromised account was used to send spear-phishing emails, purporting to be from USAID email accounts and containing a “special alert,” to thousands of email accounts at over one hundred entities
Upon a recipient clicking on a spear-phishing email’s hyperlink, according to the court documents, the victim computer was directed to download malware from a sub-domain of theyardservice[.]com. Using that initial foothold, the actors then downloaded the Cobalt Strike tool to maintain persistent presence and possibly deploy additional tools or malware to the victim’s network. The actors’ instance of the Cobalt Strike tool received C2 communications via other subdomains of theyardservice[.]com, as well as the domain worldhomeoutlet[.]com. It was those two domains that the Department seized pursuant to the court’s seizure orders.
The United States Attorney’s Office for the Eastern District of Virginia and the National Security Division’s Counterintelligence and Export Control Section are investigating this matter in coordination with the FBI’s Cyber Division and Washington Field Office.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; John C. Demers, Assistant Attorney General for National Security; Bryan Vorndran, Assistant Director of the FBI’s Cyber Division; and Steven M. D’Antuono, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement.
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.
Justice Department Announces Court-Authorized Seizure of Domain Names Used in Furtherance of Spear-Phishing Campaign Posing as U.S. Agency for International DevelopmentRead the Press Release
WASHINGTON – On May 28, pursuant to court orders issued in the Eastern District of Virginia, the United States seized two command-and-control (C2) and malware distribution domains used in recent spear-phishing activity that mimicked email communications from the U.S. Agency for International Development (USAID). This malicious activity was the subject of a May 27 Microsoft security alert, titled “New sophisticated email-based attack from Nobelium,” and a May 28 FBI and Cybersecurity and Infrastructure Security Agency joint cybersecurity advisory.
The Department’s seizure of the two domains was aimed at disrupting the malicious actors’ follow-on exploitation of victims, as well as identifying compromised victims. However, the actors may have deployed additional backdoor accesses between the time of the initial compromises and last week’s seizures.
“Last week’s action is a continued demonstration of the Department’s commitment to proactively disrupt hacking activity prior to the conclusion of a criminal investigation,” said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. “Law enforcement remains an integral part of the U.S. government’s broader disruption efforts against malicious cyber-enabled activities, even prior to arrest, and we will continue to evaluate all possible opportunities to use our unique authorities to act against such threats.”
“Cyber intrusions and spear-phishing email attacks can cause widespread damage throughout affected computer networks, and can result in significant harm to individual victims, government agencies, NGOs, and private businesses,” said Acting U.S. Attorney Raj Parekh for the Eastern District of Virginia. “As demonstrated by the court-authorized seizure of these malicious domains, we are committed to using all available tools to protect the public and our government from these worldwide hacking threats.”
“Friday’s court-authorized domain seizures reflect the FBI Washington Field Office’s continued commitment to cyber victims in our region,” said Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office. “These actions demonstrate our ability to quickly respond to malicious cyber activities by leveraging our unique authorities to disrupt our cyber adversaries.”
“The FBI remains committed to disrupting this type of malicious cyber activity targeting our federal agencies and the American public,” said Assistant Director Bryan Vorndran of the FBI’s Cyber Division. “We will continue to use all of the tools in our toolbelt and leverage our domestic and international partnerships to not only disrupt this type of hacking activity but to impose risk and consequences upon our adversaries to combat these threats.”
On or about May 25, malicious actors commenced a wide-scale spear-phishing campaign leveraging a compromised USAID account at an identified mass email marketing company. Specifically, the compromised account was used to send spear-phishing emails, purporting to be from USAID email accounts and containing a “special alert,” to thousands of email accounts at over one hundred entities.
Upon a recipient clicking on a spear-phishing email’s hyperlink, the victim computer was directed to download malware from a sub-domain of theyardservice[.]com. Using that initial foothold, the actors then downloaded the Cobalt Strike tool to maintain persistent presence and possibly deploy additional tools or malware to the victim’s network. The actors’ instance of the Cobalt Strike tool received C2 communications via other subdomains of theyardservice[.]com, as well as the domain worldhomeoutlet[.]com. It was those two domains that the Department seized pursuant to the court’s seizure order.
The National Security Division’s Counterintelligence and Export Control Section and the United States Attorney’s Office for the Eastern District of Virginia are investigating this matter in coordination with the FBI’s Cyber Division and Washington Field Office.
Jacksonville Man Sentenced to Five Years in Prison for Identity Theft and Fraud ActivitiesRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Charles Cornelius Smith (35, Jacksonville) to five years in federal prison for aggravated identity theft and conspiracy to commit bank fraud. The court also ordered Smith to pay restitution to the victims he had defrauded.
Smith had pleaded guilty on February 2, 2021.
According to court documents, Smith obtained the personal identification information, including the name, date of birth, and Social Security number of a victim. Using this information, Smith provided his co-defendant, Zipporan Carmel Peters, with a counterfeit South Carolina driver license using the name and identity of the victim, but with Peters’ photo on it. Smith then drove Peters to different branches of the Navy Federal Credit Union in Clay and Duval Counties. Using the victim’s identity, Peters made various fraudulent transactions involving the withdrawal of large amounts of cash and the purchase of multiple $500 gift cards, utilizing the victim’s account. Smith and Peters also visited multiple cellphone stores in Clay and Duval Counties and used the victim’s identity to obtain several thousand dollars’ worth of cellphones and accompanying merchandise.
Zipporan Carmel Peters is scheduled for trial on July 6, 2021.
“Technology has forever changed the way we do business, making every day financial transactions a prime target for fraud. This case should serve as a strong deterrent to those considering exploiting the identities of others to enrich themselves through fraud,” said Special Agent in Charge, Glen M. Kessler of the U.S. Secret Service - Jacksonville Field Office.
This case was investigated by United States Secret Service (Jacksonville Field Office), the Clay County Sheriff’s Office, and the Orange Park Police Department. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
Indianapolis Man Faces Federal Charges for Violent Conduct during Portland RiotsRead the Press Release
PORTLAND, Ore.—An Indianapolis, Indiana, man has been charged with three federal felonies after repeatedly and intentionally jeopardizing the lives of police officers, destroying public property, and encouraging others to commit violence during recent riots in Portland.
Malik Fard Muhammad, 24, has been charged by criminal complaint with possession of unregistered destructive devices, engaging in civil disorder and obstructing law enforcement, and using explosives to commit a federal felony.
According to court documents, Muhammad is alleged to have traveled to Portland with his girlfriend from their home in Indianapolis for the specific purpose of violently engaging in civil disorder during recent area riots. On September 5, 2020, during a large civil disturbance in east Portland, demonstrators threw dangerous objects at police, including commercial grade fireworks, Molotov cocktails, and bottles. At least one demonstrator was seriously burned by a Molotov cocktail thrown in the direction of police. Muhammad was present at this event and provided baseball bats to members of the crowd.
Following Muhammad’s arrest in October 2020, law enforcement seized his cell phone and found messages where he bragged about providing the baseball bats to other rioters. The cell phone also contained a shopping list including common ingredients and supplies used to make a Molotov cocktail. The day after the demonstration, police located a discarded baseball bat with a Goodwill price tag in the area where the event occurred. Police found the Goodwill store where the bat was purchased and obtained surveillance footage showing Muhammad and his girlfriend buying the bats and several “growler” bottles.
On September 21, 2020, during a large demonstration near the Multnomah County Sheriff’s Office Penumbra Kelly Building, law enforcement observed an individual light on fire and throw an object toward the building. One officer observed the burning object flying through the air toward his vehicle, landing approximately 15 feet from a police sound truck. Officers recovered the unexploded device. It consisted of a yellow glass growler with a Goodwill sticker on the bottom, a cloth wick, and an ignitable liquid. It was later determined that the growler was one of the items purchased at Goodwill by Muhammad and his girlfriend. A DNA analysis also linked the growler to Muhammad.
On September 23, 2020, protesters set fire to and broke windows at the Multnomah County Justice Center. When officers advanced toward the crowd, an individual threw a Molotov cocktail in a large yellow growler that landed in front of the officers, shattered, and exploded into a large fireball. While some officers were able to move out of the way, one officer’s leg caught fire. Several videos obtained by law enforcement show Muhammad throwing the explosive device.
On October 11, 2020, police were monitoring a protest involving approximately 250 people in downtown Portland. Members of the group began heavily vandalizing various buildings and parks including the Oregon Historical Society, Portland State University, a Starbucks coffee shop, and a Bank of America branch, among others. Law enforcement observed Muhammad in the crowed dressed in black. Investigators reported observing Muhammad using a metal baton to smash the windows of several buildings and arrested him after a short chase. Muhammad possessed a loaded pistol magazine in his pocket. A loaded pistol matching the magazine found on Muhammad’s person was found discarded near the location of his arrest.
Muhammad’s trip to Portland does not appear to be an isolated event. Investigators obtained evidence that he traveled to Louisville, Kentucky, in August 2020 to meet with anti-government and anti-authority violent extremist groups to conduct firearms and tactical training. Investigators also obtained several public social media posts by Muhammad promoting violence toward law enforcement in other cities including Kenosha, Wisconsin, and Chicago.
Muhammad made his initial appearance in federal court today before a U.S. Magistrate Judge. He was detained pending further court proceedings.
Muhammad is also under indictment in Multnomah County Circuit Court for 26 state felonies including attempted aggravated murder, first degree attempted murder, unlawfully manufacturing an explosive device, first degree criminal mischief, riot, and unlawfully possessing a firearm.
Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
The Portland Police Bureau, FBI, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives are investigating the case. Assistant U.S. Attorney Adam E. Delph is prosecuting the case.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Huntington Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – Seneca Smith, 36, of Huntington was sentenced today to 46 months in federal prison for possession with intent to distribute heroin and cocaine.
According to court documents, on January 12, 2021, officers with the Huntington Police Department executed a search warrant at Smith’s residence in Huntington. Officers seized approximately 206 grams of heroin, 62 grams of cocaine, four sets of digital scales and a drug press. Smith admitted he intended to sell the heroin and cocaine.
Acting United States Attorney Lisa G. Johnston made the announced and commended the investigative work of the Huntington Police Department. Assistant United States Attorney Stephanie Taylor handled the prosecution.
United States District Judge Robert C. Chambers imposed the sentence.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-00004.
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Gettysburg Man Sentenced to Life Imprisonment for Witness Tampering by MurderRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Willie Tyler, age 69, of Gettysburg, Pennsylvania, was sentenced today to life in prison by Chief Judge John E. Jones III for witness tampering by murder and witness tampering by intimidation. He was ordered to surrender to the Bureau of Prisons on June 4th, 2021, to commence serving his sentence.
According to Acting United States Attorney Bruce D. Brandler, Tyler participated in the brutal murder of a law enforcement confidential informant from the Carlisle area. The victim was scheduled to testify in Cumberland County Court against David Tyler, the brother of the defendant, on the day of her murder. Willie Tyler planned to murder the victim, along with four other individuals, who were convicted for their role in the murder in previous federal and state court proceedings.
Tyler was first tried in state court in 1994, and acquitted of the murder. The case was then adopted for federal prosecution, and Tyler was convicted after a federal jury trial in 1996. The U.S. Court of Appeals for the Third Circuit overturned Tyler’s conviction, and he was convicted again following a re-trial in 2000. In 2013, the Third Circuit overturned the 2000 conviction in light of a change in the law and remanded the case to the district court for a new trial. Tyler was then tried and convicted for the third time in July 2017. The jury returned its verdict after only two hours of deliberation following a four-day trial.
In February 2018, the district court vacated the jury’s verdict, concluding that there was insufficient evidence to support the convictions. The government appealed, and in April 2020, the Third Circuit reversed the district court’s decision and remanded with instructions to reinstate the jury’s verdict and proceed to sentencing. Tyler then petitioned the United States Supreme Court to review the Third Circuit’s decision but the Court denied his petition on May 17th, 2021.
The case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Pennsylvania Attorney General’s Office, and the Pennsylvania State Police with cooperation from the Carlisle Police Department. The case was previously prosecuted by former Assistant United States Attorneys Gordon A. Zubrod and Chelsea Schinnour and Assistant United States Attorney Joseph J. Terz. Assistant United States Attorney Carlo D. Marchioli handled the most recent appeal and sentencing.
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Four Plead Guilty to Multi-State Dogfighting ConspiracyRead the Press Release
Four defendants pleaded guilty to federal dogfighting and conspiracy charges for their roles in an inter-state dogfighting network across the District of Columbia, Maryland, Virginia and New Jersey.
The Honorable John A. Gibney Jr., U.S. District Judge in Richmond, Virginia, accepted the following pleas:
- On June 1, Odell S. Anderson Sr., 52, of the District of Columbia, pleaded guilty to one felony count of conspiracy to violate the animal-fighting prohibitions of the Animal Welfare Act by conspiring with others to sponsor and exhibit dogs in a dog fight, as well as to buy, sell, possess, train, transport, deliver, and receive dogs for the purposes of having those dog participate in animal-fighting ventures. Additionally, Anderson pleaded guilty to one felony count of causing a child under the age of sixteen to attend an animal-fighting venture;
- On May 10, Emmanuel A. Powe Sr., 46, of Frederick, Maryland, also pleaded guilty to one felony count of conspiracy to violate the animal-fighting prohibitions of the Animal Welfare Act; and
- On April 28, Chester A. Moody Jr., 46, of Glenn Dale, Maryland; and Carlos L. Harvey, 46, of King George, Virginia, each pleaded guilty to the same conspiracy.
According to court documents filed in connection with the cases, from April 2013 through July 11, 2018, the pleading defendants and their co-conspirators participated in animal-fighting ventures, involving training, transporting, breeding and dogfighting setups, including at least one specific “two-card” dogfighting event on April 3, 2016. For that event, Anderson, Powe and Harvey met up with others in the Walmart parking lot in King George, Virginia, and then traveled to another location for a fight. Moody, Powe and Anderson then participated in a pre-scheduled “two-card” dogfight, which involves two separate dogfights with different dogs and handlers. The dogfighters subjected the dogs to arduous training for several weeks before the fighting event. At least one of the dogs died due to its injuries in this dog fight.
The defendants each also maintained other fighting dogs at their residences, as well as dogfighting equipment including dog treadmills, “med kits,” “breeding stands” (to immobilize female dogs), and chains weighing up to several pounds per linear foot. Each animal-fighting charge carries a maximum sentence of five years in prison and a $250,000 fine. The charge against Anderson of taking a minor to attend a dog fight carries a maximum sentence of three years in prison and a $250,000 fine.
“Organized dogfighting — whether on a professional, hobbyist or street fighter level — has no place in our society,” said Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division. “Dogfighting is an extremely violent and secretive venture of animal abuse, and bringing young children to these fighting events exposes another generation to indifference towards animal cruelty and disrespect for the law against this ruthless and illegal activity.”
“Dogfighting is absolutely intolerable and callously subjects defenseless animals to inhumane treatment and abuse,” said Acting U.S. Attorney Raj Parekh for the Eastern District of Virginia. “We must protect and care for these animals—not cruelly turn them against each other for profit. Those who engage in this deplorable conduct will face justice to the fullest extent of the law.”
“The provisions of the Animal Welfare Act were designed to protect animals from being used in illegal fighting ventures, which often entail other forms of criminal activity,” said Special Agent in Charge Bethanne M. Dinkins of the U.S. Department of Agriculture-Office of Inspector General (USDA-OIG). “Together with the Department of Justice, animal fighting is an investigative priority for USDA-OIG, and we will work with our law enforcement partners to investigate and assist in the criminal prosecution of those who participate in animal fighting ventures.”
This case was prosecuted as part of Operation Grand Champion, a coordinated effort across numerous federal judicial districts to combat organized dogfighting. The phrase “Grand Champion” is used by dogfighters to refer to a dog with more than five dogfighting “victories.”
The Humane Society of the United States, along with other entities, assisted with the care of the dogs seized by federal law enforcement.
The government is represented by Trial Attorney Shennie Patel of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorney Olivia L. Norman of the U.S. Attorney’s Office for the Eastern District of Virginia. The case is being investigated by the USDA-OIG, with assistance from the FBI.
The district court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Four Plead Guilty to Multi-State Dogfighting ConspiracyRead the Press Release
RICHMOND, Va. – Four defendants pleaded guilty in the Eastern District of Virginia to federal dogfighting and conspiracy charges for their roles in an interstate dogfighting network across the District of Columbia, Maryland, Virginia, and New Jersey.
“Dogfighting is absolutely intolerable and callously subjects defenseless animals to inhumane treatment and abuse,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “We must protect and care for these animals—not cruelly turn them against each other for profit. Those who engage in this deplorable conduct will face justice to the fullest extent of the law.”
According to court documents filed in connection with the cases, four defendants—Odell S. Anderson Sr., 52, of the District of Columbia; Emmanuel A. Powe Sr., 46, of Frederick, Maryland; Chester A. Moody Jr., 46, of Glenn Dale, Maryland; and Carlos L. Harvey, 46, of King George, Virginia—and their co-conspirators participated in animal-fighting ventures from April 2013 through July 11, 2018. Those ventures involved training, transporting, and breeding dogs for dogfighting events, including at least one specific “two-card” event on April 3, 2016.
For the April 2016 event, Anderson, Powe, and Harvey met up with others in the parking lot of Walmart in King George, Virginia, and they followed one of the people in their vehicles to the location of a fight. Moody, Powe, and Anderson then participated in a pre-scheduled “two-card” dogfight, which is an event involving two separate dogfights with different dogs and handlers. This event involved a strict training regimen the dogfighters put the dogs through for several weeks before the event. At least one of the dogs died due to its injuries in this April 2016 dogfight.
The defendants also maintained other fighting dogs at their residences, as well as dogfighting equipment, including dog treadmills, “med kits,” “breeding stands” used to immobilize female dogs, and chains weighing up to several pounds per linear foot.
“Organized dogfighting—whether on a professional, hobbyist or street fighter level—does not have a place in our society. Dogfighting is an extremely violent and secretive venture of animal abuse, and bringing young children to these fighting events also exposes another generation to indifference towards animal cruelty and disrespect for the law against this violent and illegal activity,” said Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division (ENRD).
“The provisions of the Animal Welfare Act were designed to protect animals from being used in illegal fighting ventures, which often entail other forms of criminal activity,” said Special Agent in Charge Bethanne M. Dinkins of the U.S. Department of Agriculture-Office of Inspector General (USDA-OIG). “Together with the Department of Justice, animal fighting is an investigative priority for USDA-OIG, and we will work with our law enforcement partners to investigate and assist in the criminal prosecution of those who participate in animal-fighting ventures.”
Odell Anderson Sr. pleaded guilty today to conspiracy to violate the animal-fighting prohibitions of the Animal Welfare Act by conspiring with others to sponsor and exhibit dogs in a dogfight, as well as to buy, sell, possess, train, transport, deliver, and receive dogs for the purposes of having those dogs participate in animal-fighting ventures. Additionally, Anderson pleaded guilty to one felony count of causing a child under the age of 16 to attend an animal-fighting venture.
Previously, on May 10, 2021, Emmanuel Powe Sr. pleaded guilty to conspiracy to violate the animal-fighting prohibitions of the Animal Welfare Act. On April 28, 2021, Chester Moody Jr. and Carlos Harvey each pleaded guilty to the same conspiracy. All four defendants entered their guilty pleas before U.S. District Judge John A. Gibney Jr. in Richmond, Virginia.
Moody will be sentenced on August 27, followed by Powe and Harvey on September 1 and Anderson on October 6. Each animal-fighting conspiracy charge carries a maximum sentence of five years in prison and a $250,000 fine. The charge against Anderson of taking a minor to attend a dogfight carries a maximum sentence of three years in prison and a $250,000 fine. The District Court will determine each defendant’s sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was prosecuted as part of Operation Grand Champion, a coordinated effort across numerous federal judicial districts to combat organized dogfighting. The phrase “Grand Champion” is used by dogfighters to refer to a dog with more than five dogfighting “victories.”
Assistant U.S. Attorney Olivia L. Norman of the U.S. Attorney’s Office for the Eastern District of Virginia and Trial Attorney Shennie Patel of the Justice Department’s Environmental Crimes Section prosecuted the cases. The case is being investigated by the USDA-OIG, with assistance from the FBI. The Humane Society of the United States, along with other entities, assisted with the care of the dogs seized by federal law enforcement.
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 Nos. 3:21-cr-23, 24, 25, and 26.
Former Procurement Director at Broward Health Pleads Guilty to Bribery ConspiracyRead the Press Release
Miami, Florida – A former procurement director at Broward Health pled guilty today in federal district court in Ft. Lauderdale, Florida to a federal conspiracy charge, admitting that he accepted kickbacks from vendors and a consultant in exchange for awarding them lucrative government contracts.
From 2005 through 2015, Brian Bravo, 46, of Pembroke Pines, Florida worked as the Corporate Procurement Officer and Director of Materials Management of North Broward Hospital District, known in the community as Broward Health. As Procurement Director, one of Bravo’s responsibilities was to decide which vendors would provide goods and services to Broward Health, including health care products, linens, compression sleeves, and printer repairs. During his change of plea hearing, Bravo admitted to accepting approximately $427,000 in kickback payments ($150,000 of it in cash) from two vendors and a consultant for two additional vendors in exchange for awarding them Broward Health goods and services contracts. In 2015, Bravo steered kickback payments to designated bank accounts in order to conceal the illegal activity.
Bravo’s sentencing hearing is scheduled for 12:00 p.m. on August 12, 2021, before U.S. District Judge Raag Singhal, who sits in Ft. Lauderdale. Bravo faces up to five years in prison.
Juan Antonio Gonzalez, Acting United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announced the guilty plea.
FBI Miami investigated this case. Assistant U.S. Attorney Jeffrey N. Kaplan is prosecuting it.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov under case number 20-cr-60125.
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Former Boston Police Sergeant Pleads Guilty to Overtime Fraud SchemeRead the Press Release
BOSTON – A former Boston Police Sergeant pleaded guilty today in connection with an ongoing investigation of overtime fraud at the Boston Police Department’s (BPD) evidence warehouse.
George Finch, 59, of Franklin, pleaded guilty to one count of conspiracy to commit theft concerning programs receiving federal funds and one count of embezzlement from an agency receiving federal funds. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 16, 2021. Finch was charged on May 13, 2021.
As stated during the plea hearing, members of BPD’s Evidence Control Unit (ECU), were responsible for, among other things, storing, cataloging and retrieving evidence at the warehouse. ECU officers were eligible to earn overtime pay of 1.5 times their regular hourly pay rate for overtime assignments. Finch admitted that between July 2016 and February 2019, he submitted false and fraudulent overtime slips for overtime hours that he did not work for two overtime shifts at the evidence warehouse. The first, called “purge” overtime, was a 4 – 8 p.m. weekday shift intended to dispose of old, unneeded evidence. The second shift, called “kiosk” overtime, involved driving to each police district in Boston one Saturday a month to collect old prescription drugs to be burned.
For the “purge” shift, Finch admitted that while he had claimed to have worked from 4 – 8 p.m., he and, allegedly, the other members of his unit routinely left at 6 p.m., or earlier. Additionally, Finch knowingly endorsed the fraudulent overtime slips of his subordinates who, allegedly, also left early from this shift. For the “kiosk” shift, Finch and others submitted overtime slips claiming to have worked eight-and-one-half hours, when in fact he and, allegedly, other members of the unit only worked three to four hours of those shifts.
Between March 2015 and September 2016, Finch submitted false and fraudulent slips for overtime hours that he did not work at the evidence warehouse. As a result, Finch personally collected approximately $11,310 for overtime hours he did not work.
In September 2020, nine Boston Police officers were arrested and charged for their roles in an overtime fraud scheme that is alleged to have collectively embezzled over $250,000 between May 2016 and February 2019. As part of the ongoing investigation, three additional officers were charged: former Sergeant Finch, former Captain Richard Evans and former Sergeant William Baxter, who has agreed to plead guilty.
From 2015 through 2019, BPD received annual benefits from the U.S. Department of Transportation and U.S. Department of Justice in excess of $10,000, which were funded pursuant to numerous federal grants.
The charge of embezzlement from an agency receiving federal 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. The charge of conspiracy provides for a sentence of up to five years in prison, 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; Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistance was provided by the Boston Police Department. Assistant U.S. Attorney Mark Grady of Mendell’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Federal & State Officials Advise COVID-19 Vaccine Providers in Wisconsin That Individuals Seeking Vaccinations Cannot Be ChargedRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin; Richard G. Frohling, Acting United States Attorney for the Eastern District of Wisconsin; Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region (HHS-OIG); and Karen Timberlake, Secretary-designee of the Wisconsin Department of Health Services, advise the public that they should not be asked to pay any costs to receive the COVID-19 vaccine and warn COVID-19 vaccination providers not to seek payment from individual COVID-19 vaccine recipients.
COVID-19 vaccination providers participating in the U.S. Centers for Disease Control and Prevention (CDC) COVID-19 Vaccination Program are required to sign a provider agreement to receive and dispense vaccines. Among the requirements in the agreement, providers must not sell or seek reimbursement for the COVID-19 vaccine or any related supplies and must administer the vaccine regardless of the recipient’s ability to pay. While providers may seek appropriate reimbursement from a public benefit program or private insurance program or plan that covers COVID-19 vaccine administration fees, providers may not seek any reimbursement from the vaccine recipient.
Providers may also seek reimbursement from the Health Resources and Services Administration’s (HRSA) COVID-19 Uninsured Program for the costs of administering COVID-19 vaccines to uninsured recipients, or from the HSRA Coverage Assistance Fund (CAF) for the costs of administering COVID-19 vaccines to recipients whose health insurance does not cover vaccine administration fees.
Noncompliance with the terms of the CDC Provider Agreement, such as by billing vaccine recipients for the COVID-19 vaccine or its administration, including co-pays, or denying an individual a vaccination because they are unable to pay any out-of-pocket costs, may result in the provider’s suspension or termination from the CDC COVID-19 Vaccination Program and potential criminal and civil penalties.
“Providers cannot charge anyone to get the COVID-19 vaccine or deny anyone from getting the vaccine if they are uninsured or underinsured – adding unlawful charges creates barriers, especially for persons of limited means, and undermines public health and safety,” said Acting U.S. Attorney O’Shea. “Non-compliance with the CDC Provider Agreement’s requirements may result in federal criminal or civil penalties, including but not limited to those set forth in the False Claims Act.”
“Along with our federal, state, and local partners, the Department of Justice is committed to using all available tools to ensure that no one is charged for access to the COVID-19 vaccine,” said Acting U.S. Attorney Frohling.
“Providers need to be on notice that the COVID-19 pandemic should not be exploited as a money-making opportunity by inappropriately charging beneficiaries for the administration of available vaccines,” said Lamont Pugh III, Special Agent in Charge, HHS-OIG - Chicago Region. “The OIG and its law enforcement partners will continue to support the unprecedented COVID-19 public health effort by holding accountable people who attempt to inappropriately profit from the pandemic.”
“COVID-19 vaccines are safe, effective, and free for everyone 12 years old and up across our state,” said Secretary-designee Timberlake. “We stand with our federal partners in our commitment to making sure everyone in Wisconsin can get vaccinated without worrying about what they may have to pay.”
If you know or suspect that any healthcare provider, healthcare facility, vaccination site, or pharmacy is improperly charging any costs for the COVID-19 vaccine, please report such conduct to the federal government at 1-800-MEDICARE (1-800-633-4227), How to file a complaint (grievance) | Medicare, or TTY/TTD users can call 1-877-486-2048. Complaints may also be submitted to the State of Wisconsin at [email protected] or 844-684-1064.
Fairfield Man Pleads Guilty to Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — Today, one day before a jury trial was scheduled to begin, Hack Townsend Culling Jr., 28, of Fairfield, pleaded guilty to being a felon in possession of a firearm, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, on April 19, 2019, Culling was riding his motorcycle when law enforcement officers stopped him for a traffic violation. Culling was then on post-release community supervision that was imposed after a conviction for being a felon in possession of a firearm. When officers searched Culling’s motorcycle, they found an FIE Titan .25-caliber handgun hidden in one of Culling’s boxing gloves. At the time he possessed that handgun, Culling had been convicted of five felony offenses, including two felony convictions for inflicting corporal injury on a spouse or cohabitant, and convictions for threatening a crime with intent to terrorize, false imprisonment by violence, and possessing a firearm as a felon.
This case is the product of an investigation by the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Fairfield Police Department. Assistant U.S. Attorneys Justin L. Lee and Brian A. Fogerty are prosecuting the case.
Culling is scheduled to be sentenced by U.S. District Judge William B. Shubb on Aug. 23. Culling faces a mandatory minimum sentence of 15 years in prison, a maximum statutory penalty of life in prison, and a fine of up to $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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.
Federal and State Officials Advise COVID-19 Vaccine Providers in Wisconsin That Individuals Seeking Vaccinations Cannot Be ChargedRead the Press Release
Richard G. Frohling, Acting United States Attorney for the Eastern District of Wisconsin, joins Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region (HHS-OIG); and Karen Timberlake, Secretary-designee of the Wisconsin Department of Health Services, advise the public that they should not be asked to pay any costs to receive the COVID-19 vaccine and warn COVID-19 vaccination providers not to seek payment from individual COVID-19 vaccine recipients.
COVID-19 vaccination providers participating in the U.S. Centers for Disease Control and Prevention (CDC) COVID-19 Vaccination Program are required to sign a provider agreement to receive and dispense vaccines. Among the requirements in the agreement, providers must not sell or seek reimbursement for the COVID-19 vaccine or any related supplies and must administer the vaccine regardless of the recipient’s ability to pay. While providers may seek appropriate reimbursement from a public benefit program or private insurance program or plan that covers COVID-19 vaccine administration fees, providers may not seek any reimbursement from the vaccine recipient.
Providers may also seek reimbursement from the Health Resources and Services Administration’s (HRSA) COVID-19 Uninsured Program for the costs of administering COVID-19 vaccines to uninsured recipients, or from the HSRA Coverage Assistance Fund (CAF) for the costs of administering COVID-19 vaccines to recipients whose health insurance does not cover vaccine administration fees.
Noncompliance with the terms of the CDC Provider Agreement, such as by billing vaccine recipients for the COVID-19 vaccine or its administration, including co-pays, or denying an individual a vaccination because they are unable to pay any out-of-pocket costs, may result in the provider’s suspension or termination from the CDC COVID-19 Vaccination Program and potential criminal and civil penalties.
“Providers cannot charge anyone to get the COVID-19 vaccine or deny anyone from getting the vaccine if they are uninsured or underinsured – adding unlawful charges creates barriers, especially for persons of limited means, and undermines public health and safety,” said Acting U.S. Attorney O’Shea. “Non-compliance with the CDC Provider Agreement’s requirements may result in federal criminal or civil penalties, including but not limited to the False Claims Act.”
“Along with our federal, state, and local partners, the Department of Justice is committed to using all available tools to ensure that no one is charged for access to the COVID-19 vaccine,” said Acting U.S. Attorney Frohling.
“Providers need to be on notice that the COVID-19 pandemic should not be exploited as a money-making opportunity by inappropriately charging beneficiaries for the administration of available vaccines,” said Lamont Pugh III, Special Agent in Charge, HHS-OIG – Chicago Region. “The OIG and its law enforcement partners will continue to support the unprecedented COVID-19 public health effort by holding accountable people who attempt to inappropriately profit from the pandemic.”
“COVID-19 vaccines are safe, effective, and free for everyone 12 years old and up across our state,” said Secretary-designee Timberlake. “We stand with our federal partners in our commitment to making sure everyone in Wisconsin can get vaccinated without worrying about what they may have to pay.”
If you know or suspect that any healthcare provider, healthcare facility, vaccination site, or pharmacy is improperly charging any costs for the COVID-19 vaccine, please report such conduct to the federal government at 1-800-MEDICARE (1-800-633-4227), www.Medicare.Gov/Medicarecomplaintform, or TTY/TTD users can call 1-877-486-2048. Complaints may also be submitted to the State of Wisconsin at [email protected] or 844-684-1064.
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EDVA Commemorates LGBTQ+ Pride MonthRead the Press Release
ALEXANDRIA, Va. – For the month of June, the U.S. Attorney’s Office for the Eastern District of Virginia (EDVA) will honor the vast contributions and important history of the Lesbian, Gay, Bisexual, Transgender, and Queer community during LGBTQ+ Pride Month.
“Our Office commemorates the immense contributions of LGBTQ+ members of our community and celebrates the victories they have achieved in pursing equality,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “While enduring intolerable and unjust legal and cultural discrimination, LGBTQ+ individuals have served honorably in every aspect of our Nation’s government, from the military to elected office to the judicial system, including as essential members of EDVA. We recognize their past struggles to receive equal treatment under the law. We further commit ourselves to the continued elimination of discrimination against our LGBTQ+ colleagues, friends, and family, who strengthen our communities through the courage of their example, clearing a path for individuals of all sexual orientations and gender identities.”
In 1969, after a police raid on the Stonewall Inn in New York City, members of the LGBTQ+ community engaged in several days of protest of discrimination against LGBTQ+ people. The following year, activists organized the first annual Pride March on June 28, 1970, a several-thousand-person march from the Stonewall Inn to Central Park commemorating the riots and protesting discrimination against LGBTQ+ people. Although not the first demonstration against LGBTQ+ discrimination, that Pride March marked the beginning of the galvanizing force that became a national civil rights movement to demand equal rights and protections for LGBTQ+ citizens under the law, ultimately culminating in the creation of the first gay pride parades in Chicago, Los Angeles, New York City, and San Francisco. Since 1970, the LGBTQ+ community has celebrated every June as Pride Month and held annual Pride Marches in a growing number of cities, including internationally.
The first presidential proclamation recognizing Pride Month occurred in 1999. On January 20, 2021, President Biden issued Executive Order 13988, directing the heads of every federal agency to take steps to prevent and combat discrimination on the basis of sexual orientation and gender identity, both in the federal government itself and in its enforcement of anti-discrimination laws such as Title VII. Pride Month 2021 takes place during a time of continued hardship for the LGBTQ+ community, including a rise in violence against transgender individuals, predominately transgender women of color.
This month, EDVA will host several office-wide events, including informational sessions on civil rights and other issues facing the LGBTQ+ community. EDVA’s commemoration of LGBTQ+ Pride Month will also include an office-wide virtual panel discussion with the Honorable Todd M. Hughes of the U.S. Court of Appeals for the Federal Circuit, who became the first openly gay judge on a federal appellate court (2013); the Honorable J. Paul Oetken of the U.S. District Court for the Southern District of New York, who became the first openly gay male federal judge (2011); and the Honorable Marisa J. Demeo of the Superior Court of the District of Columbia, who served as the co-founder of the Justice Department’s Pride organization and its first President (1994).
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Daytona Beach Drug Conspirators Sentenced to Federal Prison for Distributing Cocaine, Heroin, and FentanylRead the Press Release
Orlando, Florida – U.S. District Judge Wendy Berger today sentenced Matthew Zachariah Humphrey (26, Daytona Beach) to 11 years and 6 months in federal prison for conspiracy to distribute fentanyl and for possessing a firearm in furtherance of that offense. Humphrey’s co-conspirator, Janee Reve Najee Kelly (32, Daytona Beach) was sentenced to 8 years and 1 month in federal prison for the same charges.
Humphrey and Kelly had pleaded guilty on February 11, 2021, and December 8, 2020, respectively.
According to court documents, Humphrey, Kelly, and others worked together to distribute heroin, fentanyl, and cocaine in the Daytona Beach area. On June 17, 2020, both Kelly and Humphrey were arrested in Daytona Beach. At the time of their arrests, Humphrey possessed cocaine, fentanyl, and a stolen, loaded firearm. Kelly possessed fentanyl and a firearm as well. Collectively, the two individuals possessed more than 88 grams of fentanyl.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Drug Enforcement Administration, the Daytona Beach Police Department, and the Volusia County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Dana E. Hill.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Davenport Man Sentenced to Federal Prison for Marijuana ConspiracyRead the Press Release
Davenport, Iowa – A Davenport man, Cory Lamar Carter, age 33, was sentenced Thursday, May 27, 2021, by United States District Court Chief Judge John A. Jarvey to five years in prison for Conspiracy to Distribute Marijuana. Following his prison term Carter was ordered to serve four years of supervised release.
According to court documents, Carter was involved in multiple instances of marijuana trafficking between the summer of 2018 and the fall of 2019. As a part of this investigation, the United States Postal Inspector intercepted multiple packages destined for Carter’s residence, which contained pounds of marijuana. Carter has a prior federal conviction for Conspiracy to Distribute and Possess with Intent to Distribute Marijuana. On January 28, 2021, Carter pleaded guilty to the charge.
Acting United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement.
The Federal Bureau of Investigation, Davenport Police Department, and the United States Postal Inspector were involved in the investigation of this matter. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Dallas Brothers Convicted of Supplying Heroin in OverdoseRead the Press Release
PLANO, Texas – Two Dallas brothers have been found guilty of drug violations related to a 2019 overdose in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Jose Antonio Carreto, 30, and his brother, Isauro Carreto-Cruz, 32, were found guilty by a jury of all counts: conspiracy and distribution of heroin resulting in seriously bodily injury, conspiracy to possess with intent to distribute and distribution of methamphetamine, and possession with intent to distribute and distribution of heroin resulting in serious bodily injury aiding and abetting. The verdict was reached today following a five-day trial before U.S. District Judge Sean D. Jordan.
According to information presented in court, on Sep. 25, 2019, law enforcement authorities responded to a heroin overdose on a Plano highway. The victim was administered Narcan and survived the overdose. An investigation revealed the Carreto brothers had supplied the heroin used in the overdose.
“As long as the scourge of heroin continues to devastate lives, so too will we continue to aggressively seek out and prosecute the perpetrators,” said Acting U.S. Attorney Nicholas J. Ganjei. “Drug dealers should know that they’re not only on the hook for dealing drugs, but they’re also going to be held responsible for injuries or death stemming from their deadly wares. With this conviction and others like it, hopefully more lives will be saved.”
Jose Antonio Carreto and Isauro Carreto-Cruz were indicted by a federal grand jury on Nov. 13, 2019. Jose Antonio Carreto faces up to life in federal prison. Isauro Carreto-Cruz faces up to 40 years in federal prison. The maximum statutory sentences prescribed by Congress are 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 a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Plano Police Department, the Texas Department of Public Safety and the Plano Fire Department and prosecuted by Assistant U.S. Attorneys Colleen Bloss and Ernest Gonzalez and Special Assistant U.S. Attorney Bethany Pickett.
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Convicted Felon Pleads Guilty to Firearm ChargeRead the Press Release
PROVIDENCE, R.I. – A convicted felon found to be in possession of a loaded semi-automatic pistol with an obliterated serial number when he was pulled over by Pawtucket Police in October 2020 for not wearing a seat belt and for driving a vehicle that had not been properly registered is, according to court documents, facing five years in federal prison after pleading guilty today to a charge of being a felon in possession of a firearm.
According to information presented to the court, Jonathan Reyes, 35, of Pawtucket, was stopped by Pawtucket Police on October 14, 2020, when he was observed not wearing a seatbelt and driving a car with out-of-state license plates that were registered to a different vehicle. Reyes claimed to police that he had just purchased the vehicle. He provided them with a Bill of Sale that did not contain a VIN, date of sale/purchase, or signatures of the buyer/seller.
While speaking with an officer, the officer noticed a dark satchel in the middle of the back seat. When asked what he removed from his chest as he was being pulled over, Reyes responded that he had removed his seat belt. During a search of the vehicle, officers discovered a loaded Sig Sauer semi-automatic handgun with an obliterated serial number inside the black satchel.
As Reyes was being placed under arrest, he briefly attempted to flee police but was quickly apprehended.
Appearing today before U.S. District Court William E. Smith, Reyes, who was previously convicted on felony drug trafficking and misdemeanor domestic assault charges, pleaded guilty to being a felon in possession of a firearm, announced Acting United States Attorney Richard B. Myrus.
If accepted by the court, a plea agreement filed in this matter jointly recommends that Reyes be sentenced to serve a 60-month term of incarceration in federal prison. Reyes, who is currently detained in federal custody, is scheduled to be sentenced on August 20, 2021.
The case is being prosecuted by Assistant United States Attorneys Ly T. Chin and William J. Ferland.
The matter was investigated by the Pawtucket Police Department with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
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Camden Man Held on Witness Tampering, Gun ChargesRead the Press Release
CAMDEN, N.J. – Two Camden County residents were arrested following their indictment by a federal grand jury for their alleged roles in attempting to bribe a witness to steal a gun from a car that was in the custody of the Camden County Police Department, pending the execution of a search warrant, Acting U.S. Attorney Rachael A. Honig announced today.
Anthony D. Parker, aka “Papa Smurf,” 37, of Camden, and Saidah A. Davis, “Sacha,” 41, of Woodlynne, New Jersey, were both charged by indictment with witness tampering. Parker was additionally charged by indictment with possession of a firearm by a previously convicted felon. Both were indicted and arraigned in federal court last month before U.S. Magistrate Judge Karen M. Williams. U.S. Magistrate Judge Ann Marie Donio conducted a detention hearing on Parker today and ordered him held without bail pending trial.
According to the indictment and statements made in court:
On April 14, 2021, a law enforcement officer saw Parker enter a gray Chrysler while holding a black firearm in his hand. Later that night, police conducted a motor vehicle stop of the Chrysler, and ordered Parker, the sole occupant, out of the car. A drug-detecting K-9 alerted for the presence of narcotics in Parker’s car, which was then seized and impounded in a Camden tow lot pending an application for a search warrant. Parker was released from the scene. During the morning hours of April 16, 2021, police officers went to the tow lot and executed a search warrant on the Chrysler, at which time they found a black Glock 9 mm handgun loaded with 14 rounds of ammunition hidden in a compartment behind the dashboard. Police officers also found approximately $8,000 in cash, packaged in a manner consistent with drug trafficking proceeds. At the time, Parker had at least one prior felony conviction in federal court.
During the afternoon hours of April 16, 2021, not knowing that a search warrant had been executed and that the police had already seized the gun and cash, Parker and Davis went to the home of an individual who worked at the Camden tow lot. Parker asked the employee if his car was still in the tow lot, and when the employee answered affirmatively, Parker offered the employee $2,000 to break into his car and remove the gun and cash. The tow lot employee refused.
During the evening hours of April 16, 2021, an unidentified male broke into the tow lot and walked directly to Parker’s Chrysler. The male attempted to open the driver’s side door, which was locked, and then broke into the Chrysler by smashing the driver’s side window. The male entered the Chrysler and removed a panel that concealed a hidden compartment behind the dashboard. Finding the compartment empty, the male exited the Chrysler and fled the tow lot.
The witness tampering charge carries a statutory maximum of 20 years in prison. The felon in possession of a firearm charge carries a maximum potential penalty of 10 years in prison. Each count also carries a potential $250,000 fine, or twice the gross gain or loss from the offense.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge Michael J. Driscoll in Philadelphia; the Camden County Prosecutor’s Office, under the direction of Acting Camden County Prosecutor Jill S. Mayer; and officers of the Camden County Police Department, under the direction of Chief Gabriel Rodriguez; with the investigation leading to the indictment.
The government is represented by Assistant U.S. Attorney Kristen M. Harberg of the Criminal Division in Camden.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Colorado Defendant Pleads Guilty to Defrauding InvestorsRead the Press Release
Acting United States Attorney Bob Murray announced today that a Colorado man has pled guilty to crimes arising from two schemes to defraud investors in Wyoming and around the country. On May 25, 2021, ROBERT WILLIAM MITCHELL, a.k.a. BOB MITCHELL, age 52, of Centennial, Colorado entered guilty pleas to an indictment charging two separate-but-related investor frauds.
First, Mitchell pleaded guilty to mail fraud in connection with a scheme to defraud investors in a Wyoming natural gas production venture. According to court records, Mitchell solicited investments he claimed would be used to create a publicly traded, natural gas production company in Wyoming. Instead of developing any company or safeguarding the investors’ money as promised, Mitchell used the money to pay his personal expenses and to finance the scheme. Mitchell stole over $1.3 million dollars from about three dozen investors, most of whom lived in and around Gillette, Wyoming.
Second, Mitchell pleaded guilty to conspiracy to commit securities fraud in relation to the common stock of NuTech Energy Resources Inc. According to court records, Mitchell conspired to artificially inflate the market price of NuTech common stock by manipulative trading and by releasing to the public false and misleading information about NuTech’s business prospects. Mitchell then sold his worthless NuTech shares to unwitting investors in the public market. The indictment also charges three other men with crimes arising from the alleged conspiracy. These defendants are presumed innocent until proven guilty. Their jury trial will begin on September 20, 2021, in Cheyenne, Wyoming.
As a result of his guilty pleas, Mitchell may be sentenced to serve up to 25 years in prison, including three years of supervised release. In addition, he could face fines up to $250,000 and be ordered to pay restitution to the victims. Mitchell is scheduled to be sentenced by U.S. District Court Judge Alan Johnson in Cheyenne on August 4, 2021.
These crimes were investigated by the United States Postal Inspection Service and the United States Department of Interior’s Office of Inspector General. Assistant United States Attorneys Eric Heimann and Thomas Szott are prosecuting the case.
Burlington Man Sentenced to Federal Prison for Firearms ChargeRead the Press Release
Davenport, Iowa – Kevin Cortez Garrett, age 39, of Burlington, was sentenced Thursday, May 27, 2021, by United States District Court Chief Judge John A. Jarvey to 34 months in prison for Felon in Possession of Firearms. Garrett was ordered to serve three years of supervised release to follow his prison term and pay $100 to the Crime Victims’ Fund.
According to court documents, law enforcement identified Kevin Cortez Garrett as a felon who was present at a shooting range in Burlington on two occasions in April 2020. While inside the range, surveillance video showed Garrett in possession of five firearms and a large amount of ammunition. Garrett removed three of the handguns from his waistband and one from his coat pocket. Garrett obtained four of the five firearms from a straw purchaser, who purchased the firearms and ammunition specifically for him. As a convicted felon out of Cook County, Illinois, Garrett is prohibited from possessing firearms.
Acting U.S. Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
The Des Moines County Sheriff’s Office investigated the case.
This case is part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.
Broken Arrow Man Sentenced to Federal Prison After Fraudulently Applying for Paycheck Protection Program Forgivable LoanRead the Press Release
A Broken Arrow man was sentenced today in federal court for fraudulently applying for a Paycheck Protection Program forgivable loan guaranteed by the Small Business Administration under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, announced Acting U.S. Attorney Clint Johnson.
U.S. District Judge Claire V. Eagan sentenced Rafael Maturino, 40, to 12 months and one day in federal prison followed by three years of supervised release. Judge Eagan further ordered the defendant pay $97,800 in restitution to First Bank of Owasso. Maturino is required to self-surrender on July 14, 2021.
The defendant previously pleaded guilty to bank fraud after executing a scheme to defraud First Bank of Owasso when applying for a Paycheck Protection Program loan under false pretenses on April 28, 2020. Maturino applied for a Paycheck Protection Program loan on behalf of a company he claimed to own and operate, Maturino Enterprises, Inc. He submitted forms that misrepresented the company’s payroll expenditures, amount of taxes paid, and the number of people employed. In his plea agreement, Maturino admitted that he falsely represented in a Paycheck Protection Program “Borrower Application Form” submitted to First Bank of Owasso that Maturino Enterprises had an average monthly payroll of $39,152.92; had 5 employees; and was in operation on February 15, 2020. He further represented that he would use the requested loan funds to retain workers and maintain payroll or make mortgage interest payments, lease payments, and utility payments, as specified under the Paycheck Protection Program Rule. Maturino then signed the application form certifying the information was truthful.
The CARES Act is a federal law enacted on March 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the Paycheck Protection Program (PPP). In April 2020, Congress authorized over $300 billion in additional PPP funding, and in December 2020, Congress authorized another $284 billion in funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. Paycheck Protection Program loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set period and use a certain percentage of the loan towards payroll expenses.
The Board of Governors of the Federal Reserve System and Bureau of Consumer Financial Protection Office of Inspector General; Small Business Administration Office of Inspector General; and FBI are the investigative agencies. Assistant U.S. Attorney Victor A.S. Régal prosecuted the case.
To learn more about the Justice Department’s COVID-19 related response and prosecutions, visit: https://www.justice.gov/coronavirus. For further information on the Criminal Division’s enforcement efforts on PPP fraud, including court documents from significant cases, visit the following website: https://www.justice.gov/criminal-fraud/ppp-fraud. For further information on the Civil Division’s enforcement efforts, visit the following website: https://www.justice.gov/civil.
To report a COVID-19-related fraud scheme or suspicious activity, contact the National Center for Disaster Fraud (NCDF) by calling the NCDF Hotline at 1-866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Boston Police Officer Pleads Guilty to Overtime FraudRead the Press Release
BOSTON – A Boston Police officer pleaded guilty today in federal court in Boston in connection with committing over $16,000 in overtime fraud while assigned to the Boston Police Department’s evidence warehouse.
Michael Murphy, 61, of Hyde Park, pleaded guilty to one count of conspiracy to commit theft concerning programs receiving federal funds and one count of embezzlement from an agency receiving federal funds. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Oct. 7, 2021.
In September 2020, Murphy and eight other Boston Police officers were arrested and charged for their roles in an overtime fraud scheme that is alleged to have collectively embezzled over $250,000 between May 2016 and February 2019. As part of the ongoing investigation, three additional officers were charged: former Captain Richard Evans and former Sergeants George Finch and William Baxter. Baxter has agreed to plead guilty and Finch pleaded guilty today.
Between September 2016 and February 2019, Murphy submitted false and fraudulent overtime slips for overtime hours that he did not work for two overtime shifts at the evidence warehouse. The first, called “purge” overtime, was a 4 – 8 p.m. weekday shift intended to dispose of old, unneeded evidence. The second shift, called “kiosk” overtime, involved driving to each police district in Boston one Saturday a month to collect old prescription drugs to be burned.
For the “purge” shift, Murphy claimed to have worked from 4 – 8 p.m., but he routinely left at 6 p.m., or before. For the kiosk shift, Murphy submitted overtime slips claiming to have worked eight-and-one-half hours, but he only worked three-to-four hours of those shifts.
From 2016 through 2019, BPD received annual benefits from the U.S. Department of Transportation and U.S. Department of Justice in excess of $10,000, which were funded pursuant to numerous federal grants.
The charge of embezzlement from an agency receiving federal 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. The charge of conspiracy provides for a sentence of up to five years in prison, 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office made the announcement today. Assistance was provided by the Boston Police Department. Assistant U.S. Attorney Mark Grady of Mendell’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boogaloo Bois Supporter Admits Possessing Firearms While Under a Family Violence Protective OrderRead the Press Release
SAN ANTONIO – Tyler Light, a 25-year-old self-proclaimed militia member and Boogaloo Bois supporter, pleaded guilty to being a prohibited person in possession of a firearm.
Appearing before U.S. District Judge Fred Biery this morning, Light admitted to possessing firearms and ammunition while under a family violence protective order. According to court documents, Light was placed under a permanent restraining order on November 3, 2020, for committing family violence. Federal law prohibits a person who is the subject of a qualifying protection order from possessing a firearm or ammunition. On December 1, 2020, Bexar County Sheriff’s deputies executed a state search and arrest warrant at Light’s residence for violation of the protection order and terroristic threats. During the search, authorities seized a handgun from inside Light’s waistband as well as an AK-47 assault style rifle and an assortment of ammunition.
Light remains in federal custody. He faces up to 10 years in federal prison. Sentencing is scheduled for August 31, 2020, before Judge Biery.
U.S. Attorney Ashley C. Hoff, FBI Special Agent in Charge Christopher Combs, San Antonio Division and Bexar County Sheriff Javier Salazar made today’s announcement.
The FBI and the Bexar County Sheriff’s Office investigated this case. Assistant U.S. Attorneys William R. Harris and Mark Roomberg are prosecuting this case.
This case is part of Operation Undaunted in the Western District of Texas, a program which draws on the partnerships among federal, state and local law enforcement coupled with prosecution authorities to tackle violent crime and protect the communities of central and west Texas.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Bettendorf Man Sentenced to Federal Prison for Drug and Gun ChargesRead the Press Release
Davenport, Iowa – Deandre Darnell Blakely, age 26, of Bettendorf, was sentenced on Thursday, May 27, 2021, by United States District Court Judge John A. Jarvey, to 80 months in prison for Possession with Intent to Distribute Marijuana and Felon in Possession of a Firearm and Ammunition. Following his prison term, Carter was ordered to serve three years of supervised release.
According to court documents, Blakely was involved in the distribution of marijuana and possessed multiple firearms as a felon. After his arrest, Blakely attempted to obstruct justice by soliciting others to provide false information on his behalf. Blakely has prior convictions for Reckless Discharge of a Firearm (related to a shooting), Obstructing Justice, and a prior felony drug conviction. Blakely pleaded guilty to the charges on November 16, 2020.
Acting United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement.
The Davenport Police Department investigated this matter and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Atlanta man sentenced for laundering over $247,000 from business email compromise schemesRead the Press Release
ATLANTA - Anthony Dwayne King has been sentenced for laundering over $247,000, generated from business email compromise (BEC) schemes committed against Minnesota and Oregon homebuyers, a Delaware law firm, and a New Jersey company.
“King and his conspirators opened bank accounts, using fictitious identities and sham companies, for the purpose of laundering funds stolen from victims across the country through business email compromise schemes,” said Acting U.S. Attorney Kurt R. Erskine. “Now, he is headed to federal prison and must pay full restitution to the victims. Our office will continue to work with our federal, state, and local law enforcement partners to bring those who facilitate these cyber-fraud crimes to justice.”
“These cyber scams can be devastating to businesses and individuals who fall prey to them,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “It is a big reason why the Georgia Cyber Fraud Task Force was formed; to educate businesses and the community on how to avoid them. Arrests and convictions, like this one, will make it less lucrative and less appealing for those who contemplate committing these crimes.”
According to Acting U.S. Attorney Erskine, the charges and other information presented in court: From October 2 through 12, 2018, King opened accounts at three banks in the Atlanta area, each time using a false identity and sham company name. Shortly thereafter, on October 17, 2018, a homebuyer, located in Oregon, received a phone call from an impersonator posing as her realtor. The impersonator asked the victim homebuyer for an amount that she was able to wire that day to facilitate the closing of a home. The impersonator provided the victim with wiring instructions. Following the instructions, the victim wired $45,000 to one of King’s Atlanta bank accounts.
On November 1, 2018, another homebuyer, located in Minneapolis, Minnesota, received an email from an impersonator posing as his realtor. The impersonator similarly provided this victim with wiring instructions to facilitate the closing of the property. The same day, the victim followed the impersonator’s instructions and wired $83,460.87 to an Atlanta bank account controlled by King.
On November 16, 2018, an impersonator provided a Delaware law firm with wiring instructions to send payoff funds to a mortgager. Following the impersonator’s instructions, the law firm wired $68,403.16 to another Atlanta bank account controlled by King. The next day, King made an in-person cash withdrawal of $3,800 from the account.
On February 27, 2019, a New Jersey company received an email from an impersonator posing as its landlord, instructing the company to wire $51,040.99 to the landlord for rent. The company followed the impersonator’s instructions and wired $51,040.99 to an Atlanta-based account. The next day, King deposited a check from this account, in the amount of $9,572, into his personal credit union account.
Anthony Dwayne King, 39, of Atlanta, Georgia, has been sentenced to two years, six months in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $124,190.63. King was convicted of money laundering conspiracy on December 16, 2020, after he pleaded guilty.
This case was investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Michael Herskowitz, Chief of the Cyber and Intellectual Property Crimes Section, prosecuted the case.
By making a coordinated and concerted effort to focus on suspects moving fraud proceeds in the metro-Atlanta area, the Cyber Fraud Task Force, comprised of federal, state, and local law enforcement partners, seeks to disrupt the financial structure that makes BEC fraud schemes so lucrative for criminals. Additionally, the task force aims to partner with community leaders and organizers to educate the public about avoiding these scams.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
An inmate at FCI Hazelton indicted on assault and weapons chargesRead the Press Release
WHEELING, WEST VIRGINIA – Mark Justin Daniels, an inmate at Federal Corrections Institute Hazelton in Bruceton Mills, West Virginia, was indicted today on assault and weapons charges, Acting United States Attorney Randolph J. Bernard announced.
Daniels, 35, was indicted on one count of “Assault with a Dangerous Weapon with Intent to do Bodily Harm” and one count of “Possession of a Prohibited Object (Weapon).” Daniels is accused of using a combination lock in a sock to assault another inmate in January 2021 in Preston County.
Daniels faces up to 10 years of incarceration and a fine of up to $250 ,000 for the assault charge and faces up to five years of incarceration and a fine of up to $250,000 for the weapons charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Christopher L. Bauer is prosecuting the case on behalf of the government. The Bureau of Prisons investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
28 May 2021
Zuni man sentenced to nine years in prison for assaulting a child in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alliah Jawaun Soseeah, 23, of Zuni, New Mexico, and an enrolled member of the Zuni Pueblo, was sentenced on May 26 in federal court to nine years in prison for two counts of assault resulting in substantial bodily injury of a minor in Indian Country.
Soseeah pleaded guilty on Dec. 14, 2020. In his plea agreement, Soseeah admitted that between Nov. 25 and Nov 29, 2017, at his home on the Zuni Pueblo, he used a thumbtack to cut and puncture the back of the 23-month old victim. Soseeah also admitted that on Nov. 30, 2017, he assaulted the child again by hitting and dropping the victim, causing a serious head injury.
Upon his release from prison, Soseeah will be subject to three years of supervised release.
The Gallup Resident Office of the FBI investigated this case. Assistant U.S. Attorney Elisa Dimas prosecuted the case.
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Yorba Linda Man Sentenced to 2 Years in Prison for Operating Illegal ATM Network that Laundered Bitcoin and Cash for CriminalsRead the Press Release
SANTA ANA, California – An Orange County man was sentenced today to 24 months in federal prison for operating an illegal virtual-currency money services business that exchanged up to $25 million – some of it on behalf of criminals – through in-person transactions and a network of Bitcoin ATM-type kiosks.
Kais Mohammad, a.k.a. “Superman29,” 37, of Yorba Linda, was sentenced by United States District Judge Josephine L. Staton.
Mohammad pleaded guilty in September 2020 to a three-count criminal information charging him with operating an unlicensed money transmitting business, money laundering, and failing to maintain an effective anti-money laundering program. Mohammad has agreed to forfeit to the government 17 Bitcoin ATMs, $22,820 in cash, 18.4 Bitcoin and 222.5 Ethereum cryptocurrency.
From December 2014 to November 2019, Mohammad owned and operated Herocoin, an illegal virtual-currency money services business. As part of his business, Mohammad offered Bitcoin-cash exchange services, charging commissions of up to 25 percent – significantly above the prevailing market rate.
Using the moniker “Superman29,” Mohammad advertised his business online to buy and sell Bitcoin in transactions up to $25,000. In a typical transaction, he met clients at a public location in Southern California and exchanged currency for them. Mohammad generally did not inquire as to the source of the clients’ funds and, on certain occasions, he knew the funds were the proceeds of criminal activity. Mohammad knew at least one Herocoin client was engaged in illegal activity on the dark web.
Mohammad processed cryptocurrency deposited into the machines, supplied the machines with cash that customers would withdraw, and maintained the server software that operated the machines. Mohammad was able to monitor transactions on the machines and identify each transaction that occurred on them.
During the time of Herocoin’s operation, Mohammad, a former bank employee who trained others on compliance matters, intentionally failed to register his company with the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN). Mohammad was aware that he was required to – but chose not to – develop and maintain an effective anti-money laundering program, file currency transaction reports for exchanges of currency in excess of $10,000, conduct due diligence on customers, and file suspicious activity reports for transactions over $2,000 involving customers he knew, or had reason to suspect, were involved in criminal activity.
With respect to his Bitcoin ATM network, Mohammad’s machines allowed customers to conduct financial transactions without requiring any identification and permitted customers to conduct multiple, consecutive transactions of up to $3,000 each without ever reporting suspicious activity to regulators or law enforcement.
After FinCEN contacted Mohammad in July 2018 about his need to register his company, Mohammad did so, but he continued to fail to comply fully with federal law concerning money laundering, conducting due diligence and reporting suspicious customers.
“Rather than use his knowledge to create a robust compliance program, (Mohammad) avoided one altogether and profited by making his business an efficient, unchecked, and nearly anonymous conduit for money laundering and other crimes,” prosecutors wrote in their sentencing memorandum.
From February 2019 to August 2019, Mohammad also conducted multiple in-person transactions with undercover agents who represented they worked at a “karaoke bar” that employed women from Korea who entertained men in various ways, including engaging in sexual activity. On August 28, 2019, Mohammad met with an undercover law enforcement agent and exchanged $16,000 in cash, which the agent represented were the proceeds from illegal activity, for 1.58592 Bitcoin. Mohammad never filed a currency transaction report or suspicious activity report for these transactions.
In total, Mohammad exchanged between $15 million and $25 million from in-person exchanges and transactions occurring at his Bitcoin kiosks.
IRS Criminal Investigation, Homeland Security Investigations, and the Los Angeles County Sheriff’s Department investigated this matter. This investigation was conducted with the support of the Organized Crime Drug Enforcement Task Force (OCDETF).
Assistant United States Attorney Ian V. Yanniello of the International Narcotics, Money Laundering, and Racketeering Section prosecuted this case.
Wolf Point man sentenced to prison for sexually abusing minorRead the Press Release
GREAT FALLS – A Wolf Point man who admitted he sexually abused a minor on the Fort Peck Indian Reservation was sentenced on Thursday to five years in prison and to seven years of supervised release, Acting U.S. Attorney Leif M. Johnson said today.
Christopher George Follette, 33, pleaded guilty on Feb. 18 to sexual abuse of a minor as charged in an indictment.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris ordered Follette detained.
The prosecution said in court documents that in 2019 and 2020, Follette sexually abused a minor, identified as Jane Doe, who was over the age of 12 but had not yet reached 16 years of age, on the Fort Peck Indian Reservation.
Assistant U.S. Attorney Jared C. Cobell prosecuted the case, which was investigated by the FBI, Fort Peck Law Enforcement Services and Wolf Point Police Department.
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Williamsville Doctor to Pay Fine for Failing to Safeguard Controlled Substance Prescribing Token and PasswordRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Nora Meaney-Elman, a Williamsville physician, has agreed to pay $60,000 to resolve allegations that she violated the Controlled Substances Act by failing to safeguard the token and password she used to e-prescribe controlled substances.
Assistant U.S. Attorney MaryEllen Kresse, who handled the case, stated that between September 2015 and March 2018, Dr. Meaney-Elman failed to safeguard her controlled substance prescribing token and password. As a result, her employee, Kristy Brucz, used the token and password to write 156 illegal prescriptions for controlled substances. Brucz wrote the prescriptions in her own name and in the names of 12 other individuals, both real and fictitious, and had the prescriptions filled at various area pharmacies.
Kristy Brucz was convicted criminally of obtaining a controlled substance by fraud and was sentenced in September 2020 to serve two years’ probation and ordered to pay restitution totaling $1,911.23.
“As its name implies, the Controlled Substance Act is premised on the notion that the prescribing and distribution of certain dangerous and/or addictive substances must be controlled,” noted U.S. Attorney Kennedy. “When those entrusted with such control fail to safeguard their prescribing credentials—as Dr. Meaney-Elman did here—the entire regulatory scheme is undermined.”
The settlement with Dr. Meaney-Elman is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
The claims resolved by the settlement are allegations only, and there have been no determinations of liability.
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West Hazleton Police Chief Charged with Civil Rights ViolationRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Buglio, age 45, of Lattimer Mines, Pennsylvania, was charged in a criminal information on May 27, 2021, with a civil rights violation.
According to Acting United States Bruce D. Brandler, the information alleges that Buglio, the Chief of Police for the West Hazleton Police Department, threatened a private citizen with criminal charges, in retaliation for social media posts created by the private citizen that were critical of Buglio and of the West Hazleton Police Department.
The case was investigated by the Scranton Federal Bureau of Investigation’s Public Corruption Task Force, which consists of members of the Pennsylvania State Police and the Pennsylvania Attorney General’s Office, and federal agents from the FBI and Internal Revenue Service. Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is one year of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Veronica Lewis Sentenced for Interference with Commerce by Robbery and Possession of a Stolen FirearmRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Veronica Lewis, 37, of Worchester, Vermont, was sentenced today by United States District Judge Christina Reiss after previously having pled guilty to Interference with Commerce by Robbery and Possession of a Stolen Firearm. Judge Reiss accepted the agreement of the parties that Lewis be sentenced to a term of 6 years of incarceration, with no credit for the approximately four years Lewis served in state custody prior to her federal arrest. Lewis will also serve 3 years of supervised release, the maximum available term of post-incarcerative supervision. The parties agreed to determine restitution at a subsequent hearing later in the summer. Lewis also faces sentencing in Vermont’s courts for a charge of Attempted Second Degree Murder.
According to court records, on June 29, 2015, Lewis intentionally fired three rounds from a revolver at D.M. during a firearms lesson at a business in Westford, Vermont. After shooting D.M. in the face and abdomen, Lewis left the business with the revolver. Later in the day, Lewis was apprehended outside her residence in Worchester, Vermont while still in possession of the stolen firearm. The investigation by Vermont State Police revealed that Lewis had first received instruction from D.M. three days prior to the shooting. During that first training session, Lewis asked multiple times about when she would be able to shoot a handgun, and whether .22 caliber ammunition could kill someone. A search of Lewis’s bedroom resulted in the seizure of targets from the June 26, 2015 training session, handwritten questions about embalming and body removal, a scrapbook entitled D.E.A.T.H., and a computer. A search of the computer’s browsing history revealed Lewis had visited websites regarding crime-scene cleanup, crime statistics, prison sentences, poison ingredients, jails and prisons in Vermont, and “what to do after you’re arrested.” Investigators also learned that Lewis had visited a funeral home in Burlington on June 23 and 24, 2015, where she insisted on seeing an embalming, asked questions about facial reconstructions, and stated “I have some ideas about death and I need to explore them.”
At the request of the government, a forensic psychological examination was conducted while Lewis was in federal custody. That examination included a detailed review of the investigative materials, hundreds of pages of Lewis’s mental health records, and 12 hours of interviews of Lewis over the course of multiple days. A number of psychological tests were administered to Lewis, and collateral phone interviews were conducted. After this thorough investigation, the forensic psychologist determined that, although Lewis was suffering from schizoaffective disorder and posttraumatic stress disorder at the time of the shooting, Lewis was able to appreciate the wrongfulness of her criminal conduct, and was therefore sane at the time she shot D.M.
At the sentencing hearing today, Judge Reiss reviewed in detail the evidence surrounding Lewis’s mental health at the time of the shooting, including the lack of concern from trained mental health providers with whom Lewis interacted in the weeks before the shooting. Judge Reiss also noted that lay people with whom Lewis interacted in the days before and immediately after the shooting also failed to note any indicators of a mental health crisis. Judge Reiss concluded that Lewis acted with clear intent, and Lewis’s actions in concealing her criminal conduct supported a finding that Lewis was aware of the wrongfulness of her actions.
Acting United States Attorney Jonathan A. Ophardt commended the investigative efforts of both the Vermont State Police and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. “Today’s sentencing holds Veronica Lewis accountable for the intentional harm she inflicted on D.M., with full knowledge of the wrongfulness of her actions. Without doubt, Veronica Lewis suffers from mental health disorders stemming in part from surviving significant trauma and violence. The resolution of this case involved a balancing of these mitigating factors with the horrific and calculated criminal conduct she undertook in Vermont, which resulted in significant harm to a fellow human being. The United States Attorney’s Office and our law enforcement partners will continue to prioritize violent crime and advocate for the rights of victims of violence. I am especially thankful for the assistance of the Vermont Attorney General in obtaining a coordinated resolution of this matter that provides assurances for long-term supervision of Veronica Lewis, a result not obtainable under federal law.”
Lewis is represented by Assistant Federal Defender David McColgin. Acting U.S. Attorney Ophardt prosecuted the matter for the government.
Upper Allegheny Health System, on Behalf of Bradford (Pennsylvania) Regional Medical Centers and Other New York Dental Clinics, to Pay $2.7 Million to Settle False Claims Act AllegationsRead the Press Release
PITTSBURGH – Acting U.S. Attorney Stephen R. Kaufman announced today that several New York Dental Clinics along with Bradford Dental Center (BDC) have agreed with its parent company, Upper Allegheny Health System (UAHS), to pay $2.7 million to resolve False Claims Act allegations. Under the settlement, the United States will receive approximately $1.3 million, paid jointly by UAHS and Bradford Regional Medical Center, the latter a part of the UAHS, a health-care system which operates dental clinics in the Southern Tier of New York and in McKean County, Pennsylvania.
Acting U.S. Attorney Kaufman stated that UAHS matter was jointly investigated by the U.S. Attorney’s Office in the Western District of New York and his office. As part of the investigation in Pennsylvania, a Pennsylvania Department of Human Services (DHS) audit discovered false claims submitted to the Pennsylvania Medicaid program between January 1, 2012 and May 31, 2015. Investigators from DHS and the Buffalo (New York) United States Attorney’s Office for the Western District of New York, along with the State Attorney General’s Office of New York, determined that dental personnel at the clinics treated patients with handpieces that had not been appropriately sterilized between usages. Dental handpieces are considered "semi-critical" devices by the Centers for Disease Control and Prevention and are therefore required to be heat-sterilized between each patient use. The investigators also obtained statements from employees at both the New York and Pennsylvania dental clinics that senior UAHS management directed clinic personnel to wipe the handpieces with CaviWipes – germicidal disinfectant wipes used primarily to clean surfaces – between patient usages due to the insufficient number of dental handpieces. The United States alleged that billing Medicaid for services provided using unsterilized dental handpieces violates the Federal and New York False Claims Acts as well as Pennsylvania statutes. Assistant U.S. Attorneys MaryEllen Kresse and Paul E. Skirtich handled the case for the U.S. Attorney’s Offices in Buffalo and Pittsburgh, respectively.
"This settlement under the False Claims Act is significant", said Acting U.S. Attorney Kaufman, "since it corrects improper practices exercised on a vulnerable population of patients. Those patients relied on the clinics for dental services without knowing the health risks posed by thee defective practices. The parent company, Upper Allegheny Health System, must answer for their potentially harmful conduct."
This settlement was reached by the U.S. Attorney’s Office for the Western District of New York, in conjunction with the U.S. Attorney’s Office for the Western District of Pennsylvania; the New York State Attorney General’s Office, Medicaid Fraud Control Unit (MFCU); and the Pennsylvania Department of Human Services attached to the Governor’s Office.
The case against UAHS was brought in federal court by a whistleblower who alleged the health system violated the federal False Claims Act and the New York False Claims Act by improperly billing health-care programs. Under the federal False Claims Act, private citizens are permitted to bring lawsuits known as qui tams on behalf of the United States and receive a portion of the proceeds of any settlement or judgment awarded against a defendant.
Medicaid is a nationwide program jointly funded by the federal government and states that provides medical insurance to low-income persons and individuals with disabilities. Medicaid eligibility, benefits, and administration are managed by states within federal guidelines.
The claims resolved by this settlement are allegations only, and there have been no determinations of liability.
United States Obtains Stipulated Judgment against Washington Company and Maine Man for False Claims Act ViolationsRead the Press Release
PORTLAND, Maine: North South Polar, Inc., located in Renton, Washington; and Luciano A. Sapienza, of Rockland, Maine; have agreed to pay $40,585 as a result of their violations of the False Claims Act, Acting U.S. Attorney Donald E. Clark announced.
As alleged in a civil complaint filed on March 11, 2021, North South Polar (NSP) and Sapienza, NSP’s president and CEO, violated the False Claims Act by converting equipment to which the federal Government held title. Specifically, in 2013, NSP and Sapienza entered into a contract with the U.S. Coast Guard to provide support services for the recovery of a World War II aircraft from a suspected crash site in Greenland. Under that contract, if the defendants purchased equipment for the mission and obtained reimbursement for that equipment from the Coast Guard, then title to that equipment would be held by the Coast Guard, and the defendants would be obligated to return that equipment upon completion of the project.
The defendants purchased and obtained reimbursement for four items of durable equipment, but upon completion of the contract, rather than return them in good working order to the Coast Guard, they instead sold the items on eBay. Their actions violated the False Claims Act, which prohibits a party from having control of Government property and knowingly returning less than all that property to the Government. Upon filing of the complaint, the parties stipulated to judgment in the amount of $40,585, representing double damages and one statutory penalty under the False Claims Act. The defendants cooperated in the Government’s investigation. The case is docketed in the U.S. District Court for the District of Maine as United States v. Sapienza, et al., 21-cv-00073-NT.
The U.S. Department of Homeland Security, Office of Inspector General; the U.S. Coast Guard Investigative Service; and the U.S. Attorney’s Office for the District of Maine investigated the case.
Two Malaysian Nationals Sentenced for Illegally Exporting Firearm Parts to Hong KongRead the Press Release
BOSTON – Two Malaysian nationals were sentenced today in federal court in Boston for conspiring to illegally export firearm parts from the United States to Hong Kong.
Lionel Chan, 36, of Brighton, Mass., was sentenced by U.S. Senior District Court Judge Mark L. Wolf to eight months in prison, three years of supervised release and a fine of $10,000. Muhammad Mohd Radzi, 27, of Brooklyn, N.Y., was sentenced by Judge Wolf to five years of probation, with the condition that he leave the United States on or before June 15, 2021 and not return for five years or without a valid visa, and a fine of $10,000. Chan and Radzi each pleaded guilty on Jan. 22, 2021 to conspiring to violate the Arms Export Control Act.
Beginning in or around March 2018, Chan began purchasing a variety of U.S.-origin firearm parts online, including parts used to assemble AR-15 assault rifles and 9MM semi-automatic handguns, for a buyer located in Hong Kong. Many of the firearm parts that Chan purchased and exported to Hong Kong are restricted items that cannot be exported from the United States without a license or approval from the U.S. government. Nonetheless, Chan shipped the firearm parts via Federal Express to the buyer in Hong Kong without first obtaining the necessary export licenses. Chan intentionally concealed the contents of the shipments by providing Federal Express with false information about the shipments, and by concealing the parts inside of each package. Between March and May 2018, Chan shipped at least 12 packages containing firearm parts from Brighton to the buyer in Hong Kong.
In or around April 2018, Radzi joined the conspiracy and also began illegally exporting firearm parts from the United States to Hong Kong. Between May and October 2018, Radzi shipped 21 packages from Brooklyn, N.Y., to the buyer in Hong Kong. In October 2018, two of those packages were intercepted by Hong Kong authorities and found to contain numerous firearms parts, including a firing pin, a gun sight and numerous pistol grips, which were export controlled. Like Chan, Radzi failed to obtain an export license for any of these shipments.
Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigation in Boston; and William Higgins, Special Agent in Charge of the Department of Commerce, Office of Export Enforcement, Boston Field Office made the announcement today. The Massachusetts State Police and U.S. Customs and Border Protection also assisted with the investigation. Assistant U.S. Attorney Jason A. Casey of Mendell’s National Security Unit prosecuted the case.
Two Kern County Residents Charged in Separate Cases for Unlawful Possession of Firearms and AmmunitionRead the Press Release
FRESNO, Calif. — Christopher Howard, 45, of Delano, and Liandro Romero Cuevas, 33, of Bakersfield, appeared in federal court this week after a grand jury returned separate indictments charging them with being felons in possession of a firearm and ammunition, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, on April 28, police officers encountered Howard in Delano while he was carrying a pouch bag that contained a loaded 9 mm handgun and an additional loaded high-capacity magazine. Howard cannot lawfully possess firearms or ammunition because he has sustained numerous felony convictions, including for possession of a stolen vehicle, possession of stolen property, escape, and two second degree burglary convictions.
According to the indictment in a separate case, on Feb. 4, Cuevas possessed a Savage Arms 12‑gauge rifle in Kern County. Cuevas is prohibited from possessing firearms because he has sustained three felony convictions, including for assault with a deadly weapon, possession of a controlled substance, and being a felon in possession of ammunition.
These cases were the product of investigations by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Bakersfield and Delano Police Departments. Assistant U.S. Attorneys Stephanie Stokman and Christopher D. Baker are prosecuting the cases.
If convicted, Howard and Cuevas face a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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.
Twin Falls Man Sentenced to 30 Years in Federal Prison for Distribution and Possession of Child PornographyRead the Press Release
BOISE - Miles Patrick Barclay, 47, of Twin Falls, was sentenced in U.S. District Court to 360 months in federal prison for distribution and possession of child pornography, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. U.S. District Judge B. Lynn Winmill also ordered Barclay to serve 25 years of supervised release following his prison sentence. Barclay pleaded guilty to the charges on October 29, 2020.
According to court records, in June 2019, Barclay began communicating online with an undercover detective posing as a 14-year-old female. Barclay engaged in sexually explicit conversation with the 14-year-old and asked her to take explicit images of herself and send them to him. Barclay also sent the 14-year-old images and videos of child pornography.
A federal magistrate judge issued a search warrant for Barclay’s residence in Twin Falls. Members of the Idaho Internet Crimes Against Children (ICAC) Task Force executed the search warrant and seized two cellphones and two laptop computers from the residence. A forensic examination of the devices revealed hundreds of files of child pornography. Barclay admitted to communicating online with an underage female and to trading child pornography with other individuals through the internet.
At sentencing, Judge Winmill also ordered Barclay to pay restitution of $27,000 to victims in the images he possessed and to forfeit the electronic devices used in the commission of the offense. As a result of conviction, Barclay will be required to register as a sex offender.
This case was investigated by the Idaho ICAC Task Force and the Rupert Police Department with assistance from the U.S. Marshals Service, the United States Postal Inspection Service, the Twin Falls Police Department, and the Idaho Department of Correction Probation and Parole.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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