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Thursday 8 April 2021
Parker Man Sentenced to Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
PHOENIX, Ariz. – On Monday, Simon Calvin Simms Hiatt, 46, of Parker, AZ was sentenced by U.S. District Judge Steven P. Logan to 108 months in prison, followed by four years of supervised release. Hiatt previously pleaded guilty to possession with intent to distribute methamphetamine.
On November 19, 2018, officers from the Colorado River Indian Tribes Police Department contacted Hiatt in Parker, AZ during a traffic stop. While conducting a search of Hiatt’s passenger, an officer found a digital scale underneath her clothing that contained a white powdery substance inside. Officers then searched Hiatt’s vehicle and located more than half a pound of methamphetamine and a loaded firearm. Hiatt is an enrolled member of the Colorado River Indian Tribes.
The Federal Bureau of Investigation and the Colorado River Indian Tribes Police Department conducted the investigation in this case. Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-19-00777-PHX-SPL
RELEASE NUMBER: 2021-023_Hiatt# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Opinion: D.C. should not disregard misdemeanor crimes -- but should keep focusing on rehabilitation programsRead the Press Release
A Washington Post Op-Ed by Channing D. Phillips Acting U.S. Attorney for the District of Columbia.
How should prosecutors treat nonviolent misdemeanors? As a result of the covid-19 pandemic, proceedings in most nonviolent misdemeanor cases in the U.S. Attorney’s Office for the District of Columbia were paused last year. In a Post op-ed last month, three Georgetown Law professors urged that this moratorium continue after the pandemic subsides, arguing that such prosecutions “inflict enormous harms” while resulting in “little good.” While well-intentioned, this recommendation is misguided.
First, it disregards the negative impact that criminal offenses have on District residents, and particularly on crime victims. Many misdemeanor offenses, whether committed against an intimate partner or against a stranger, make it harder for District residents and visitors to feel and be safe in their homes, businesses and neighborhoods.
Many victims of these offenses feel strongly, and understandably so, that the crimes against them should be prosecuted or, at a minimum, that there should be some form of accountability on the part of the offender. This can be true even where the crime is “nonviolent,” such as theft, violation of a stay-away order or destruction of property.
Second, while I agree with the assertion that many of the crimes are crimes of poverty, and thus symptoms of larger systemic issues, the solution is not simply to ignore or give a pass on the behavior. Instead, we should try to address the conduct that led the person to offend in the first instance. In this regard, our office is a national leader in advocating for rehabilitative-focused alternatives to traditional prosecution for many people who have committed misdemeanor offenses.
In addition, our prosecutors individually analyze every case presented. We do not file criminal charges following many arrests — particularly where the offense involves low-level conduct or where the defendant has a limited criminal history. When we do file charges, we decide whether to charge felonies or misdemeanors. Where key factors — such as victim wishes, limited criminal history and acceptance of responsibility support leniency — we frequently exercise discretion to charge or plead as misdemeanors those crimes that meet the elements of felony offenses.
And, for many misdemeanor offenses, we offer diversion so defendants can enter rehabilitation-focused programs, offering targeted help to the accused and the opportunity to avoid a criminal conviction.
For example, we have long collaborated with other District entities to treat defendants’ underlying drug addiction and mental health challenges, which can contribute to criminal behavior. In partnership with the Pretrial Services Agency, we refer many defendants charged with misdemeanor and some felony offenses to the D.C. Superior Court Mental Health Community Court or the Superior Court Drug Intervention Program, commonly called Drug Court. These voluntary treatment courts connect defendants suffering serious mental health issues or drug addictions to qualified treatment providers, with the goal of treating these individuals and keeping them out of the criminal justice system.
We also partner with the superior court to offer many defendants charged with misdemeanors the opportunity to complete community service, provide restitution to victims and not commit any new offenses for an agreed-upon period in exchange for dismissal of their cases.
Additionally, we work closely with the superior court’s diversion program, which offers defendants charged with misdemeanors the chance to avoid a criminal conviction by engaging in educational or employment programming. Defendants who complete these programs obtain a high school diploma or its equivalent, and are connected with career counseling programs.
We continually evaluate potential expansions to these diversion programs, which in 2019 alone benefited more than 1,200 defendants. For example, last year we expanded access to the Mental Health Community Court to defendants accused of domestic violence offenses. We also expanded access to diversion for first-time defendants accused of certain felony offenses, offering them a pathway to a clean record. Past participation in diversion, whether successful or not, no longer acts as an automatic bar to future participation.
This year, we are working to start restorative justice programs that allow victims and defendants to speak openly about crime and its effects. And we are also working to begin a diversion program focused on veterans, who often deal with unique challenges when they leave military service.
We support efforts to prevent crime, but also recognize the importance of accountability when those prevention efforts are not successful. We must acknowledge that crime affects everyone, and that our response must hold defendants accountable, while empowering them to make different choices in the future.
Sometimes, traditional tools of prosecution, including incarceration, are necessary. But frequently in misdemeanors, alternative approaches may work best. We will continue to use all the tools we possess to address the needs of everyone in the criminal justice system, regardless of offense, while keeping in mind: The correct response to crime is not to ignore it.
See link to article here: https://www.washingtonpost.com/opinions/2021/04/08/why-moratorium-misdemeanor-court-shouldnt-stay/
Northern Michigan Man Sentenced to Fifty Years for Child ExploitationRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced that Duane Richard Forrest, age 48, of Sault Ste. Marie, Michigan, was sentenced to a total of fifty years for photographing and videotaping his sexual exploitation of two boys in their early teens. He was also ordered to pay $10,200 in special assessments.
“The trauma of sexual abuse can last decades, even a lifetime,” said Birge. “Mr. Forrest’s sentence reflects the seriousness of his crimes and the enduring harm caused when offenders record and preserve their abhorrent exploitation of minors in visual media. Thanks to a partnership between Homeland Security Investigations and Chippewa County, Mr. Forrest was caught and will never be able to victimize the young again.”
In 2020, witnesses told law enforcement that Forrest had sexually abused two minors he had befriended. Police obtained a search warrant for Forrest’s home and found sexual pictures and videos of multiple children, including the two minors that witnesses had identified. Federal and local authorities then jointly investigated the full scope of Forrest’s criminal activity. Forrest was charged federally for producing child pornography and eventually pled guilty. A federal charge related to his possession of child pornography that included images obtained on-line was dismissed pursuant to a plea agreement, but the court could still consider that conduct under federal sentencing guidelines. U.S. District Judge Paul L. Maloney sentenced him to 300 months (25 years) in prison for his exploitation of each of the victims. He ordered that the sentences be served consecutively, meaning Forrest’s total federal sentence is 50 years in prison.
Vance Callender, special agent in charge of Homeland Security Investigations (HSI) Detroit, observed, “Child sex abuse is a particularly heinous crime, and HSI works with its state and local partners to bring a network of international resources and foreign law enforcement counterparts to bear against those who seek to exploit our most vulnerable.”
Sheriff Michael D. Bitnar of Chippewa County commended the investigators who exposed Forrest’s misconduct, saying, “The work these officers did brought justice to the young victims of this crime. I am very proud of everyone involved in this investigation. There is nothing more important than keeping our children safe from predators like Mr. Forrest.”
Forrest was also separately charged in state court and has pled guilty to a state criminal sexual conduct offense, which encompasses additional unrecorded abuse. A sentencing hearing on the state charge is scheduled for later this month.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney’s Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, tribal, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
Assistant U.S. Attorney Austin J. Hakes prosecuted the federal case. It was investigated by Homeland Security Investigations, a division of U.S. Immigrations and Customs Enforcement, as well as the Chippewa County Sheriff’s Office.
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Navajo man sentenced to 12 years in prison for manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Joshua Gutierrez, 22, an enrolled member of the Navajo Nation, was sentenced April 7 in federal court to 12 years in prison for voluntary manslaughter involving the use of a firearm in Indian Country.
Gutierrez pleaded guilty Oct. 15, 2020. According to the plea agreement and other court documents, on March 29, 2020, while visiting the home of his girlfriend and her father, Gutierrez was awakened by an argument. He armed himself with a handgun, walked toward the room where the argument was taking place, and passed one of the men involved in the argument. As they passed each other, the man swung at Gutierrez, and Gutierrez shot the man in the chest, killing him. Gutierrez then pointed the gun at two other people and threatened to shoot them if they did not leave. The incident took place in To’hajiilee, New Mexico, on the Navajo Nation. In his plea, Gutierrez waived any claim of self-defense.
Upon his release from prison, Gutierrez will be subject to three years of supervised release.
The FBI investigated this case with assistance from Navajo Nation Police Department and the Navajo Nation Department of Criminal Investigation. Assistant U.S. Attorney Allison Jaros prosecuted the case.
Navajo man pleads guilty to second degree murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Simeon Atcitty, 38, of Shiprock, New Mexico, pleaded guilty in federal court today to second degree murder in Indian Country.
A grand jury indicted Atcitty on Sept. 10, 2020. According to the indictment and other court records, on or about June 19, 2020, Atcitty had been drinking with the victim, identified as John Doe, at Atcitty’s home in San Juan County, New Mexico, on the Navajo Nation. Atcitty was angered by something Doe said and struck Doe in the head and the chest until Doe was seriously injured and was no longer moving. Atcitty then wrapped up Doe’s body and left the home. Law enforcement discovered Doe’s body about a week later.
Atcitty is currently in custody pending sentencing. He faces up to life in prison.
The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.
Navajo Nation member pleads guilty to sexual abuse of a minor in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Jeremiah Elijah Jim, 31, of Teec Nos Pos, Arizona, and an enrolled member of the Navajo Nation, pleaded guilty in federal court on April 5, to an information charging him with aggravated sexual abuse of a minor in Indian Country.
In his plea agreement, Jim admitted that on or about June 3, 2019, he threatened John Doe, a child younger than 16, with serious bodily injury and sexually abused him. The abuse took place in Shiprock, New Mexico, on the Navajo Nation.
Jim is currently in custody pending sentencing, which has not yet been scheduled. By the terms of the plea agreement, Jim faces between 14 and 24 years in prison.
Jim’s co-defendant, Bryan Bull, remains in custody pending trial, which is currently scheduled for May 10, 2021. According to the indictment, filed on Sept. 10, 2020, Bull and Jim were charged with four counts of aggravated sexual abuse and two counts of abusive sexual contact.
The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.
Methuen Man Sentenced for Distributing FentanylRead the Press Release
BOSTON – A Methuen man was sentenced today in federal court in Boston for distributing fentanyl.
Alexsander Padro, 28, was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to eight years in prison and four years of supervised release. In September 2020, Padro pleaded guilty to distributing more than 40 grams of fentanyl.
Padro sold more than 40 grams of fentanyl to a cooperating source at a restaurant in Methuen on July 10, 2019. Padro also sold more than 40 grams of fentanyl to an undercover officer in March 2019 and $1,000 worth of fentanyl to an undercover officer in April 2019.
Acting United States Attorney Nathaniel R. Mendell and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Assistant U.S. Attorney Bill Abely, Chief of Mendell’s Major Crimes Unit, prosecuted the case.
Meridian Convicted Sex Offender Sentenced to 40 Months in Federal Prison for Unlawful Possession of a FirearmRead the Press Release
BOISE – Adekusibe Mark Onibokun, 38, of Meridian, was sentenced in U.S. District Court to 40 months in federal prison for unlawful possession of a firearm, Acting U.S. Attorney, Rafael M. Gonzalez announced today. Chief U.S. District Judge David C. Nye also ordered Onibokun to serve three years of supervised release following his prison sentence and to pay a $3,000 fine.
According to court records, in 2005, Onibokun was convicted of sexual abuse of a child under the age of 16 in Ada County. While on parole for that offense, Idaho Department of Correction parole officers received a report that Onibokun had threatened someone and was in possession of a firearm. Parole officers searched Onibokun’s vehicle on June 4, 2019 and discovered a loaded Glock .40 handgun underneath the driver’s seat. On June 10, 2019, a federal grand jury returned an indictment charging Onibokun with unlawful possession of the firearm. Onibokun proceeded to a federal jury trial in November 2020 in Boise. At trial, Onibokun testified that he had no knowledge of the firearm and he also called his girlfriend as a witness and she testified that she had mistakenly left the firearm in his vehicle without his knowledge. After deliberating for six hours, the jury informed the Court that they were unable to come to a unanimous verdict and a mistrial was declared. After trial, a special agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives discovered a recorded jail call between Onibokun and his girlfriend which established they both lied during their testimony at trial. After receiving the recorded calls, Onibokun pleaded guilty on December 21, 2020, and acknowledged that he knowingly possessed the firearm and committed perjury at trial. Onibokun received a sentencing enhancement for obstruction of justice.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boise Police Department, and Idaho Department of Correction.
This case was 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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McLaughlin Woman Charged with Assault of Federal OfficerRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a McLaughlin, South Dakota, woman has been indicted by a federal grand jury for two counts of Assault of a Federal Officer.
Theresa Red Fox, age 35, was indicted on February 8, 2021. She appeared before U.S. Magistrate Judge William D. Gerdes on April 2, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is eight years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 27, 2020, in McLaughlin, Red Fox assaulted two Bureau of Indian Affairs police officers while they were performing a lawful arrest.
The charges are merely accusations and Red Fox is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Red Fox was released on conditions pending trial. A trial date has not been set.
Mandeville Woman Sentenced for Distributing Prescription MedicationRead the Press Release
NEW ORLEANS - U.S. Attorney Duane A. Evans announced that NATALIE BARTON, age 41, of Mandeville, Louisiana, was sentenced on April 7, 2021 by United States District Judge Lance M. Africk after previously pleading guilty to one count of misbranding prescription drugs, in violation of 21 U.S.C. §§ 331(a) and 333(a)(2).
Court records indicate that BARTON and her husband distributed prescription medications through websites and in a brick-and-mortar store. These prescription drugs were dispensed without valid prescriptions issued by licensed practitioners, and without labels that complied with the Food, Drug, and Cosmetic Act. Instead, these substances included labels that were misleading, in that they stated that the substances were not for human consumption, which was false. BARTON and E.B. were not practitioners licensed by law to administer prescription drugs.
United States District Court Africk sentenced BARTON to 5 years of probation. The Court also imposed a $100 mandatory special assessment.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration, the Food and Drug Administration, the United States Postal Inspection Service, and the Department of Homeland Security, Homeland Security Investigations in investigating this matter. U.S. Attorney Evans expressed appreciation for the support provided by the United States Anti-Doping Agency and the Sports Medicine Research and Testing Laboratory. Assistant United States Attorneys Jonathan Shih and Inga Petrovich are charge of the prosecution.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (“OCDETF”). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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Man Who Set Fire to Chicago Police Vehicle During Civil Unrest Pleads Guilty in Federal CourtRead the Press Release
CHICAGO — A man admitted in federal court today that he threw a lit firework into a Chicago Police vehicle during a period of civil unrest in downtown Chicago last May.
JACOB MICHAEL FAGUNDO, 23, of Chicago, pleaded guilty to one count of interfering with a law enforcement officer during the commission of a civil disorder. The charge is punishable by up to five years in federal prison. U.S. District Judge Robert W. Gettleman set sentencing for July 14, 2021, at 10:00 a.m.
The guilty plea was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kristen deTineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; and David Brown, Superintendent of the Chicago Police Department. The Chicago Fire Department provided valuable assistance. The government is represented by Assistant U.S. Attorney John D. Cooke.
Fagundo admitted in a plea agreement that on the evening of May 30, 2020, he and other individuals approached the unoccupied CPD vehicle in a garage at 30 E. Kinzie St. in the city’s River North neighborhood. After Fagundo and the other individuals shattered the vehicle’s rear windshield, Fagundo lit a firework and threw it through the open window, the plea agreement states. The vehicle became engulfed in flames and the Chicago Fire Department was called to extinguish the blaze.
CPD officers had parked the vehicle in the garage while engaged in their official duties during a period of civil disorder in the city. In addition to setting fire to the vehicle, Fagundo spray-painted another Chicago Police vehicle earlier in the day, the plea agreement states.
Fagundo admitted that he bought the fireworks, lighter fluid, and other products a day earlier at a department store in Chicago so that he could bring them to the planned protests downtown.
Man Sentenced for Embezzling $121,000+ in Disability BenefitsRead the Press Release
A man who embezzled more than $120,000 in social security disability benefits has been sentenced to 15 months in federal prison, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Robert Salinas, 53, pleaded guilty in June 2020 to theft of government funds. He was sentenced on Thursday by Chief U.S. District Judge Barbara M.G. Lynn.
According to plea papers, in 2010, Mr. Salinas began receiving Social Security Administration (SSA) disability benefits for back problems, which he continued to collect through 2018. He also collected auxiliary benefits for his minor daughter.
The defendant admitted that in 2011, he took a trucking job with AMX, which included loading, unloading, and driving.
Knowing that the SSA would not continue to pay him benefits if they knew he was employed, Mr. Salinas failed to disclose his change in employment status to the SSA and concealed his job from the government by applying for and working under an alias, using a false social security number, alien registration number, and counterfeit permanent residence card.
From July 2011 through October 2018, Mr. Salinas collected $121,743.30 in Title II disability insurance benefits and child auxiliary benefits to which he was not entitled, he admitted.
The case against Mr. Salinas was initiated pursuant to receiving a referral from the SSA fraud hotline, 1-800-269-0271.
“We will continue to aggressively defend the integrity of Social Security’s disability programs to ensure those benefits remain available to those who truly qualify,” said Adam Schneider, Special Agent-in-Charge of the of the SSA OIG Dallas Field Division. “I want to thank the U.S. Attorney’s Office for their support, and their efforts to bring this individual to justice and recover funds for Social Security.”
The Social Security Administration Office of Inspector General conducted the investigation. Assistant U.S. Attorney Katherine Miller and SSA Special Assistant U.S. Attorney Jenna Rudoff prosecuted the case.
Madison Heights Man Sentenced to over 20 Years in Drug ConspiracyRead the Press Release
LYNCHBURG, Va. - Eric Joseph Gravette, who was convicted in September 2020 of federal drug conspiracy and weapons charges, was sentenced recently in U.S. District Court in Lynchburg to 262 months in federal prison, Acting United States Attorney Daniel P. Bubar, Lynchburg Police Chief Ryan Zuidema, and Charlie Patterson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives Washington Field Division (ATF) announced today.
Gravette, 37, of Madison Heights, pleaded guilty in September 2020 to one count of conspiracy to distribute 500 grams or more of methamphetamine, one count of possession with the intent to distribute 50 grams or more of methamphetamine, one count of possession of a firearm in furtherance of a drug trafficking crime, and one count of possessing a firearm as a convicted felon. Gravette, who agreed that he was a career offender based upon his criminal record, had recently been released from serving a state sentence for drug distribution prior to committing these offenses.
According to the government’s evidence, on June 24, 2018, the Lynchburg Police Department responded to a report of a suspicious vehicle at a local restaurant. When officers arrived, the driver eluded law enforcement by driving down an embankment and fleeing on foot. Inside the vehicle, police recovered approximately 255 grams of meth, 132 grams of cocaine, and 304 grams of marijuana. On the ground outside the driver’s door they discovered a Smith & Wesson 9mm firearm. Subsequent investigation revealed that Gravette was in fact the driver of the vehicle, possessed the weapon, and in just under a year, had been involved in the trafficking of 9 kilograms of methamphetamine.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Lynchburg Police Department, and the U.S. Marshals Service. Assistant United States Attorney Coleman Adams prosecuted the case for the United States.
Macon Repeat Offenders Sentenced to Prison Under Federal Firearms LawRead the Press Release
MACON, Ga. – Two convicted felons with lengthy criminal histories were sentenced to federal prison this week in separate cases, both for violating federal firearms law by illegally possessing guns, said Peter D. Leary, the Acting U.S. Attorney for the Middle District of Georgia.
Today, Charles Allen Franklin, 35, of Macon, was sentenced to serve 105 months in federal prison to run consecutive to a prior conviction for possession with intent to distribute cocaine in the Superior Court of Bibb County, Georgia after previously pleading guilty in federal court to one count possession of a firearm by a prohibited person. In addition, U.S. District Judge Tilman “Tripp” Self ordered the defendant serve three years of supervised release. On Wednesday, April 7, Calvin Bernard Collins, 47, of Milledgeville, Georgia, was sentenced to serve 45 months in a federal prison to be followed by three years of supervised release by U.S. District Judge Marc Treadwell. Collins’s federal sentence is to be served consecutively to a three-year sentence for theft by conversion in the Superior Court of Jones County, Georgia. Collins previously pleaded guilty in federal court to one count of possession of a firearm by a convicted felon. There is no parole in the federal system.
“Repeat felons who choose to carry guns in Macon risk landing in federal prison,” said Acting U.S. Attorney Leary. “Thank you to the Bibb County Sheriff’s Office and ATF for their work investigating federal gun cases and working to protect the community from violence.”
“It is illegal for any convicted felon to possess a firearm,” said Arthur Peralta, ATF Atlanta Special Agent in Charge. “These illegally possessed guns are most likely to be used in a violent crime and it is these types of guns that we need to get off our streets. ATF will continue to work with our Federal and State partners to improve safety in each and every community we serve.”
“We can hope these sentences send a clear message to convicted felons of the serious consequences of the possession of a firearm. I am grateful for the relationship between the sheriff’s office and our federal partners to continue to remove these potentially dangerous individuals from our streets,” said Bibb County Sheriff David Davis.
Franklin was arrested in the early evening of August 9, 2019, after he failed to stop at a stop sign at the intersection of Case Street and Munford Road in Macon, then drove an additional two miles before causing a crash with another vehicle at Case Street and Buckner Avenue. The driver of the other vehicle was injured and was transported to the hospital. Franklin was driving on a suspended license, and officers found a loaded revolver in his car, along with 871.2 grams of marijuana and three cell phones. Franklin has multiple felony convictions, including two separate convictions of possession of cocaine with intent to distribute in the Superior Court of Bibb County.
Collins was arrested in illegal possession of a firearm on May 14, 2019, outside of the Fish Port restaurant in Macon. Law enforcement was alerted to the scene in the afternoon, and upon approaching Collins, noticed what appeared to be a firearm in his pocket. The police asked Collins if he had a weapon, and Collins reached in his pocket. Collins was told not to reach in his pockets, and the firearm fell out of his pocket during a brief struggle to detain him. Collins has multiple prior convictions, including aggravated assault and kidnapping in the Superior Court of Bibb County, Georgia, and was on probation at the time for the offense of possession of cocaine in the Superior Court of Jones County, Georgia.
The investigations were conducted as part of Project Safe Neighborhoods (PSN), 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.
These cases are also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/archives/projectguardian.
Both cases were investigated by the Bibb County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant U.S. Attorney Will Keyes prosecuted the cases for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, U.S. Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Officer (Contractor), U.S. Attorney’s Office, at (478) 765-2362.
Long-Time Fugitive Admits Participation in Scheme to Steal 94,000 Debit and Credit Cards from Michaels’ Stores in 19 StatesRead the Press Release
CAMDEN, N.J. – A California man today admitted his role in a large-scale conspiracy to steal 94,000 credit and debit cards from customers at approximately 80 Michaels’ Stores in 19 states and to then use that information to make fraudulent withdrawals from the bank accounts of those customers, Acting U.S. Attorney Rachael A. Honig announced.
Jose Salazar, aka “Tito,” 44, of Riverside, California, was indicted in 2015 and has been a fugitive. He was apprehended in Mexico City in September 2020 and returned in January 2021 via Philadelphia International Airport, where he was arrested. Salazar pleaded guilty today by videoconference before U.S. District Judge Joseph H. Rodriguez to Count 1 of an indictment charging him with conspiracy to commit bank fraud.
According to documents filed in this case and statements made in court:
The conspirators installed devices that acquired customers’ bank account and personal identification number (PIN) information on point of sale (POS) terminals at stores operated by Michaels. The stolen account information was used to produce counterfeit bank cards, which were used with the stolen PINs to withdraw funds from the compromised bank accounts.
The conspirators allegedly replaced POS terminals in 80 different stores operated by Michaels across 19 states, including New Jersey, with counterfeit POS devices. Each counterfeit device was equipped with wireless technology, which the conspirators used to retrieve the stolen information. From February 2011 to April 2011, conspirators stole approximately 94,000 debit and credit card account numbers.
In 2011, Salazar recruited individuals to participate in the conspiracy. From April 2011 to May 2011, Salazar, Angel Angulo and others obtained counterfeit cards with the corresponding PIN numbers written on them from other conspirators. They used the cards and PIN numbers to withdraw money using automated teller machines (ATMs) from hundreds of bank accounts. Angulo pleaded guilty on June 20, 2017, and was sentenced on March 15, 2018, to three years in prison.
The charge of conspiracy to commit bank fraud carries a maximum potential penalty of 30 years in prison and a $1 million fine. Sentencing is scheduled for Aug. 10, 2021.
Acting U.S. Attorney Rachael A. Honig credited special agents of the U.S. Secret Service, under the direction of Special Agent in Charge James Henry in Philadelphia, for the investigation leading to today’s guilty plea. She also thanked special agents with the U.S. Marshal Service, under the direction of Juan Mattos, and the International Criminal Police Organization for their assistance.
The government is represented by Assistant U.S. Attorney Jonathan Fayer of the U.S. Attorney’s Office Economic Crimes Unit.
Kyle Man Found Guilty of Sexual Abuse of a MinorRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Charles “CJ” Good Voice Elk, age 29, of Kyle, South Dakota, was found guilty of Sexual Abuse and Sexual Abuse of a Minor following a federal jury trial in Rapid City, South Dakota. The verdict was returned on April 1, 2021.
The convictions carry a sentence of up to life in federal prison and/or a $250,000 fine, any term of years not less than five up to life of supervised release, a $200 special assessment to the Federal Crime Victims Fund, and restitution.
Evidence at trial established that Good Voice Elk engaged in sexual intercourse with the juvenile victim in January 2018, at Kyle.
The investigation was conducted by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Heather Sazama prosecuted and tried the case.
A sentencing date will be scheduled. Good Voice Elk was remanded to the custody of the U.S. Marshals Service pending sentencing.
Keshena Man and His Mother Indicted for Armed Assault, Firearms Offense on Menominee Indian ReservationRead the Press Release
Acting United States Attorney Richard G. Frohling of the Eastern District of Wisconsin, announced that on April 6, 2020, a federal grand jury returned a three-count indictment charging a man and his mother for their alleged roles in a shooting on the Menominee Indian Reservation. The indictment named Menom L. Powless-Brown (age: 19) and Mary K. Powless (age: 42), both of Keshena, which is on the Menominee Indian Reservation.
The indictment charged Powless-Brown as follows:
Charge
Statute Section(s)
Maximum Sentence
Assault with a Dangerous Weapon
18 U.S.C. §§ 113(a)(3) and 1153(a)
Up to ten years in prison
Discharging a Firearm During and in Relation to a Crime of Violence
18 U.S.C. § 924(c)(1)(A)
Mandatory minimum ten years, consecutive to other sentences, and up to life in prison
Assault with Intent to Murder
18 U.S.C. §§ 113(a)(1) and 1153(a)
Up to 20 years in prison
Mary Powless was charged with Aiding and Abetting Assault with a Dangerous Weapon, in violation of 18 U.S.C. §§ 113(a)(3), 1153(a), and 2(a). She faces a maximum of ten years in prison.
Both defendants also face terms of supervised release and fines if convicted.
According to filed court documents, on or about March 13, 2021, Powless-Brown assaulted another man by pointing a 9mm semiautomatic handgun at him, which he then discharged several times. Two individuals were struck with bullets, at least one of whom sustained significant injuries as the result of the shooting.
The Menominee Tribal Police Department and Federal Bureau of Investigation investigated the case, which Assistant United States Attorney Andrew J. Maier will prosecute.
An indictment is only a charge and not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government must prove their guilt beyond a reasonable doubt.
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For further information contact: Public Information Officer Kenneth Gales
414-297-1700
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Justice Department Tax Enforcement Already in GearRead the Press Release
As tax filing season continues, the Department of Justice's Tax Division reminds taxpayers to pay careful attention to their reporting and filing obligations and to timely pay all taxes due. Willfully filing false tax returns or deliberately evading paying taxes are serious criminal offenses.
“Our criminal prosecutors are prepared for tax filing season too,” said Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Tax Division. “Honest, law abiding taxpayers should know that the Tax Division is aggressively using its resources and expertise to identify, investigate, and prosecute those attempting to defraud and obstruct the IRS.”
Throughout the past year, the Tax Division, in collaboration with U.S. Attorney’s Offices, other Justice Department litigating offices and the IRS, has investigated and prosecuted a broad array of tax offenses from businesses and white-collar professionals underreporting income to employment tax fraud to identity theft. Enforcement efforts are continually ongoing. Here are a few recent examples:
Prosecution of Business Owners
- On Dec. 1, 2020, a New York City restaurateur was sentenced to 24 months in prison for tax evasion. Adel Kellel, the owner of Raffles Bistro, diverted business income for personal expenses, including rent for a high-end Manhattan apartment, college tuition payments for his children, and purchases from luxury retailers. As part of his sentence, Kellel was ordered to pay $613,478 to the IRS.
- On Oct. 20, 2020, two biofuel company owners were sentenced to prison for conspiracy to defraud the IRS and preparing a false tax claim, among other offenses. Ben Wootton, 55 of Savannah, Georgia, was sentenced to 70 months and Race Miner, 51, of Marco Island, Florida, was sentenced to 66 months, after a jury convicted both defendants and their company, Keystone Biofuels Inc., in April 2019.
Prosecution of White-Collar Professionals & Individuals
- On Dec. 21, 2020, two Atlanta-area tax professionals pleaded guilty to promoting a syndicated conservation easement tax scheme involving more than $1.2 billion in fraudulent charitable deductions. Stein Agee of Canton, Georgia, and Corey Agee of Atlanta, Georgia, are currently awaiting sentencing for their role in the scheme.
- On Nov. 2, 2020, a New Jersey man was sentenced to 78 months in prison for conspiring to defraud the United States, filing false claims, and obstructing the internal revenue laws, following his conviction at trial. According to evidence presented at trial, between 2015 and 2016, Kenneth Crawford Jr. and his co-conspirators promoted and sold a “mortgage recovery” tax fraud scheme in which they obtained fraudulent refunds from the IRS for their clients. As a result of Crawford’s scheme, more than $2.5 million in fraudulent refunds were sought from the IRS.
- On Aug. 21, 2020, a North Carolina risk consultant pleaded guilty to filing a false tax return and illegally possessing a firearm. From 2011 through 2017, Charles Atkins underreported income from several risk consulting businesses, causing a tax loss of more than $800,000 to the IRS. Atkins is currently awaiting sentencing.
Employment Tax Prosecutions
- On April 7, 2021, the manager of the San Diego Home Cooking restaurant chain was sentenced to 30 months in prison for employment tax fraud. According to court records, from the last quarter of 2014 through 2017, Aleksandar Sreckovic did not file employment tax returns nor pay employment taxes for San Diego Home Cooking, causing a tax loss of over $1.5 million. Instead of paying employment taxes, Sreckovic paid other creditors and his own personal expenses.
- On March 24, 2021, A Montana businessman pleaded guilty today to employment tax fraud. According to court documents, Thomas O’Connell owned and operated three plumbing businesses, Quality Plumbing and Heating, Orbit Plumbing and Heating, and Orbit PHC, each based in Great Falls. From at least 2005 through 2016, O’Connell did not pay employment taxes for several quarters, despite being obligated to ensure such taxes were paid to the IRS. Instead, he directed payments to other creditors and to his own personal expenses. The total tax loss to the IRS from O’Connell’s conduct is more than $550,000.
Identity Theft Prosecutions
- On Oct. 7, 2020, a Las Vegas, Nevada, man was sentenced to 70 months in prison for mail and wire fraud conspiracy, following his jury trial convictions. The trial evidence proved that from January 2009 through April 2011, Terry Williamson and his co-conspirators filed false tax returns with the IRS to fraudulently obtain tax refunds. To facilitate the fraud, they used the names and social security numbers of deceased taxpayers. More than 480 fraudulent tax refund checks totaling almost $2 million were deposited into Williamson’s account.
More information about the Tax Division’s enforcement efforts in these and other areas can be found on the division’s website.
Justice Department Moves to Intervene in Disability Discrimination Suit Against City of Chicago Regarding Pedestrians with Visual DisabilitiesRead the Press Release
The Justice Department today moved to intervene in a disability discrimination lawsuit that private plaintiffs with visual disabilities brought against the City of Chicago under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). The department’s proposed complaint alleges that the city fails to provide people who are blind, have low vision, or are deaf-blind with equal access to pedestrian signal information at intersections. Pedestrian signal information, such as a flashing “Walk/Don’t Walk” signal, indicates when it is safe to cross the street.
Accessible pedestrian signals (APSs) are devices that provide pedestrians with safe-crossing information in a non-visual format, such as through audible tones, speech messages, and vibrotactile surfaces. Since at least 2006, Chicago has recognized the need to install APSs for pedestrians with visual disabilities. Yet, while Chicago currently provides sighted pedestrians visual crossing signals at nearly 2,700 intersections, it has installed APSs at only 15 of those intersections. The proposed suit alleges that the lack of APSs at over 99% of Chicago’s signalized intersections subjects people who are blind, have low vision, or are deaf-blind to added risks and burdens not faced by sighted pedestrians, including fear of injury or death.
“The ADA and Section 504 require that individuals with disabilities have equal access to public services, including access to pedestrian crossing information that is critical for safety and for full participation in community life,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “Chicago has determined that safe-crossing information is necessary for sighted pedestrians to navigate throughout the city, and this suit seeks to ensure that the city provides the same benefit to people with visual disabilities.”
“The U.S. Attorney’s Office is taking this action to ensure that Chicagoans with disabilities are provided equal access to city services, particularly those services whose purpose is public safety,” said U.S. Attorney John R. Lausch Jr. for the Northern District of Illinois. “We are concerned about the serious lack of accessibility to safe intersection crossings for Chicagoans who are blind, have low vision, or are deaf-blind, and we are confident that our involvement in this important case will ultimately bring a meaningful resolution to the city and its millions of residents, daily commuters, and visitors.”
The motion and complaint seeking intervention were jointly filed by the Disability Rights Section of the department’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Illinois. The case is being handled by Assistant U.S. Attorneys Patrick Johnson and Sarah J. North, and Trial Attorney Matthew Faiella. To read the motion to intervene, please click here: https://www.ada.gov/acbmc/acbmc_motion.html.
For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report.
Justice Department Moves to Intervene in Disability Discrimination Suit Against City of Chicago Regarding Pedestrians with Visual DisabilitiesRead the Press Release
WASHINGTON – The Justice Department today moved to intervene in a disability discrimination lawsuit that private plaintiffs with visual disabilities brought against the City of Chicago under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). The department’s proposed complaint alleges that the city fails to provide people who are blind, have low vision, or are deaf-blind with equal access to pedestrian signal information at intersections. Pedestrian signal information, such as a flashing “Walk/Don’t Walk” signal, indicates when it is safe to cross the street.
Accessible pedestrian signals (APSs) are devices that provide pedestrians with safe-crossing information in a non-visual format, such as through audible tones, speech messages, and vibrotactile surfaces. Since at least 2006, Chicago has recognized the need to install APSs for pedestrians with visual disabilities. Yet, while Chicago currently provides sighted pedestrians visual crossing signals at nearly 2,700 intersections, it has installed APSs at only 15 of those intersections. The proposed suit alleges that the lack of APSs at over 99 percent of Chicago’s signalized intersections subjects people who are blind, have low vision, or are deaf-blind to added risks and burdens not faced by sighted pedestrians, including fear of injury or death.
“The U.S. Attorney’s Office is taking this action to ensure that Chicagoans with disabilities are provided equal access to city services, particularly those services whose purpose is public safety,” said John R. Lausch, Jr., United States Attorney for the Northern District of Illinois. “We are concerned about the serious lack of accessibility to safe intersection crossings for Chicagoans who are blind, have low vision, or are deaf-blind, and we are confident that our involvement in this important case will ultimately bring a meaningful resolution to the city and its millions of residents, daily commuters, and visitors.”
“The ADA and Section 504 require that individuals with disabilities have equal access to public services, including access to pedestrian crossing information that is critical for safety and for full participation in community life,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “Chicago has determined that safe-crossing information is necessary for sighted pedestrians to navigate throughout the city, and this suit seeks to ensure that the city provides the same benefit to people with visual disabilities.”
The motion and complaint seeking intervention were jointly filed by the Disability Rights Section of the department’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Illinois. The case is being handled by Assistant U.S. Attorneys Patrick Johnson and Sarah J. North, and Trial Attorney Matthew Faiella.
For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Jury convicts Cuban immigrant of alien smugglingRead the Press Release
CORPUS CHRISTI, Texas – A 29-year-old legal permanent resident of Cuba residing in Houston has been convicted of transporting illegal aliens, announced Acting U.S. Attorney Jennifer B. Lowery.
A federal jury sitting in Corpus Christi deliberated for three hours before finding Ciro Yasel Castillo guilty after a two-day trial.
The jury heard that on March 15, 2020, Castillo drove an SUV into the primary inspection area at the Border Patrol (BP) checkpoint near Falfurrias. He claimed he and his three passengers were Cubans and produced a temporary driver’s license as identification. However, no one could provide proof of legal immigration status.
Authorities referred them to secondary inspection where they determined two of the passengers were minors from Guatemala illegally present in the United States. The other was an illegal alien from Cuba. During this inspection, Castillo became combative with law enforcement, resisting arrest for several minutes and inflicting minor injuries on some of the agents.
Upon further investigation, authorities determined the Cuban passenger – Lazaro Fidel Lopez - Torres, 30 - was part of a conspiracy to transport the two minor aliens. He eventually pleaded guilty for his role in that crime.
The defense attempted to convince the jury Castillo was an unofficial Uber driver. He claimed he accepted $500 via Western Union from an unknown person to pick up the two teenagers from the Valley in the middle of the night and take them to Houston. The just did not believe those claims and found him guilty.
U.S. District Judge Drew B. Tipton presided over the trial and set sentencing for July 1. At that time, Castillo faces up to 10 years of imprisonment and a possible $250,000 maximum fine. He was permitted to remain on bond pending that hearing.
BP conducted the investigation. Assistant U.S. Attorneys Amanda L. Gould and Molly Smith are prosecuting the case.
Ithaca Man Charged with COVID-19 Relief FraudRead the Press Release
BINGHAMTON, NEW YORK - Ejembi Onah, age 58, of Ithaca, New York, was arrested yesterday on a federal wire fraud and money laundering complaint alleging that he fraudulently obtained approximately $150,000 in government-backed loans meant for businesses struggling with the financial effects of the coronavirus pandemic.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Kevin M. Kelly, Special Agent in Charge, Buffalo Division of Homeland Security Investigations (HSI); and Jonathan D. Larsen, Special Agent in Charge, New York Field Office, Internal Revenue Service (IRS)-Criminal Investigation.
The criminal complaint alleges that between April 1, 2020 and March 3, 2021, Onah received approximately $150,000 in Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loans (EIDL), which were issued by two banks and the Small Business Administration to two companies he controlled. The complaint further alleges that in support of the loan applications, Onah submitted fraudulent tax documents and fabricated bank statements.
Onah made his initial appearance in court yesterday in Binghamton, New York, before United States Magistrate Judge Miroslav Lovric, and was released with conditions.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted of wire fraud, Onah faces up to 30 years in prison, up to five years of post-imprisonment supervised release, and a maximum fine of $1 million. If convicted of engaging in transfers of wire fraud proceeds of a value greater than $10,000, Onah faces up to 10 years in prison, up to three years of post-imprisonment supervised release, and a maximum fine of $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted on March 29, 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 PPP, and $10 billion in low-interest loans to small businesses through the EIDL program. In April 2020, Congress authorized over $300 billion in additional PPP funding and $10 billion in additional EIDL funding, and in December 2020, Congress authorized another $284 billion in additional PPP funding.
This case is being investigated by U.S. Homeland Security Investigations (HSI) and IRS-Criminal Investigation, and is being prosecuted by Assistant U.S. Attorneys Andrew D. Beaty and Joshua R. Rosenthal.
Individual Indicted for Possession of Firearm While Under Protective Order for Domestic ViolenceRead the Press Release
SAN JUAN, Puerto Rico – On April 8, 2021, a federal grand jury returned a one-count indictment charging Angel Luis Santiago-Dávila with possession of an AK-type rifle while under a protective order for domestic violence, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
According to the Government’s allegations, agents from the Puerto Rico Police Bureau were patrolling a beach in Yabucoa around 10:30 PM on March 29, 2021, when they observed a BMW with the trunk open. Santiago-Dávila and another individual were seated in the back, facing the ocean. During the agent’s interactions with Santiago-Dávila, the agent observed a firearm in the car and then recovered an AK-type rifle, a 30-round magazine, and over 30 rounds of 7.62 caliber ammunition. Santiago-Dávila was under a protective order, arising out of a domestic violence incident, issued by a municipal court in Juncos that prohibited him from possessing firearms.
Assistant U.S. Attorney Juan C. Reyes-Ramos of the Violent Crimes Section is in charge of the prosecution of the case. ATF is in charge of the investigation. If convicted, the defendant faces a sentence of up to 10 years in prison.
An indictment contains only charges and is not evidence of guilt. A defendant is presumed to be innocent unless and until proven guilty.
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Indictment Charges Former Children's Museum Director with Distributing Child PornographyRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, and William S. Walker, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Boston, today announced that a federal grand jury in Hartford has returned an indictment charging ROBERT ECKERT, 56, of Simsbury, with distribution of child pornography.
The indictment was returned on April 6. Eckert appeared today via videoconference before U.S. Magistrate Judge Robert A. Richardson and entered a plea of not guilty to the charge. He is detained pending a follow-up bond hearing that is scheduled for tomorrow at 4:00 p.m.
The government alleged during today’s court proceeding that Eckert used multiple online platforms to distribute images of child sexual abuse and to communicate with others about the distribution of child pornography. He accessed the online platforms on his phone, at his residence, and at the Lutz Children’s Museum in Manchester where he was employed as its executive director.
If convicted of the charge of distribution of child pornography, Eckert faces a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 20 years.
Acting U.S. Attorney Boyle stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), with the assistance of the Connecticut State Police and the Manchester Police Department. The case is being prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Illinois Man Sentenced in Pittsburgh to 4 Years for Aggravated ID Theft Scheme Involving High-End VehiclesRead the Press Release
PITTSBURGH, Pa. - A resident of the state of Illinois has been sentenced in federal court to four years in prison on his conviction of Aggravated Identity Theft and Conspiracy, Acting United States Attorney Stephen R. Kaufman announced today.
Senior United States District Judge Nora Barry Fischer imposed the sentence on Michael W. Decker, 33, of Vernon Hills, IL.
According to information presented to the court, Decker submitted fraudulent applications for loans to purchase several expensive vehicles, including two Jeep Cherokee Trackhawks, from dealerships in Western Pennsylvania. Decker was part of a conspiracy based in Chicago. The members of the conspiracy travelled to dealerships in several states and used stolen identity information to obtain loans for high-end vehicles. After obtaining the vehicles, members of the conspiracy would alter the Vehicles Identification Numbers and sell the vehicles..
Assistant United States Attorney Shaun E. Sweeney prosecuted this case on behalf of the government.
Acting United States Attorney Kaufman commended the Federal Bureau of Investigation and the Pennsylvania State Police Western Regional Auto Theft Task Force for the investigation leading to the successful prosecution of Decker.
Honduran Man Convicted of Making a False Statement to a Federal OfficerRead the Press Release
Gulfport, Miss. – Daniel Romero-Mancia, 25, a citizen of Honduras, pled guilty today before Senior U.S. District Judge Louis Guirola, Jr., to the crime of willfully making a false material statement to a federal officer, announced Acting U.S. Attorney Darren J. LaMarca, Jack Stanton, Acting Special Agent-in-Charge of Homeland Security Investigations in New Orleans and Michael J. Harrison, Acting Chief Patrol Agent of the U.S. Border Patrol’s New Orleans Sector.
Romero-Mancia will be sentenced by Judge Guirola on July 13, 2021, at 1:30 p.m. He faces a potential maximum sentence of 5 years in prison and a $250,000 fine.
On January 26, 2021, a U.S. Border Patrol Agent conducted a traffic stop on Interstate 10 on a 2010 white Ford F-150. One of the passengers, Romero-Mancia, presented what was later determined to be a counterfeit Mexican Voter Registration Identification Card. When the agent asked him in Spanish if he was from Mexico, Romero-Mancia responded “yes.” Two other Border Patrol Agents arrived as back-up, and Romero-Mancia also told one of the other agents he was from Mexico.
Further investigation revealed that Romero-Mancia was a citizen of Honduras who had been provided a counterfeit Mexican Voter Registration Card as part of the fee he paid an organization to smuggle him into the U.S. The card had been provided so, if caught in the U.S., Romero-Mancia could deceive U.S. officials into believing he was from Mexico so he would not be removed back to Honduras. Records showed that Romero-Mancia had used the card twice before when he had been caught by the Border Patrol near the U.S.-Mexico border.
Acting U.S. Attorney LaMarca praised the cooperation exhibited by the Department of Homeland Security, United States Border Patrol, and Homeland Security Investigations. Assistant United States Attorney Stan Harris is the prosecutor for the case.
Heroin and Fentanyl Dealer Sentenced to Fourteen Years in Prison for Drug Conspiracy Resulting in DeathRead the Press Release
Orlando, Florida – U.S. District Judge Gregory A. Presnell today sentenced Irving Cepeda-Chico (39, Kissimmee) to 14 years in federal prison for 12 counts of distribution of controlled substances and 1 count of conspiracy to distribute such substances. Cepeda-Chico had pleaded guilty on November 20, 2020.
According to court documents, Cepeda-Chico was involved in obtaining and distributing heroin and fentanyl-laced heroin in Orlando and elsewhere in central and northern Florida. Audio and video recordings showed Cepeda-Chico selling thousands of dollars of fentanyl-laced heroin on multiple occasions. The audio recordings captured Cepeda-Chico discussing distribution plans, discussing the quality of his product with an international supplier, offloading bad fentanyl and heroin on another distributor, and arranging to pay his supplier through money orders.
During the sentencing hearing, the court found that on one occasion Cepeda-Chico had distributed fentanyl-laced heroin to an individual, M.D., causing M.D.’s fatal overdose in the overnight hours of July 19, 2019. As a result, the court adjusted Cepeda-Chico’s sentence upward to hold him accountable for M.D.’s death.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. This case was investigated by the Drug Enforcement Administration, with assistance from Homeland Security Investigations, the Orange County Sheriff’s Office, the Osceola County Sherriff’s Office, the Florida Highway Patrol, the Lakeland Police Department, the Florida Department of Law Enforcement, the Central Florida High Intensity Drug Trafficking Area (HIDTA), and the Medical Examiner’s Office for Districts 9 and 25. It was prosecuted by Assistant United States Attorney Dana E. Hill.
Hazleton Man Sentenced to 78 Months’ Imprisonment for Conspiracy to Distribute MethamphetamineRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Alex Pazmino, age 36, of Hazleton, Pennsylvania, was sentenced on April 6, 2021, to 78 months’ imprisonment and a 4-year term of supervised release by United States District Court Judge Robert D. Mariani for conspiring to distribute over 500 grams of methamphetamine.
According to Acting United States Attorney Bruce D. Brandler, on April 29, 2016, Pazmino was arrested upon receiving a significant shipment of methamphetamine from California. Pazmino subsequently pleaded guilty, acknowledging his role in a drug trafficking conspiracy. At sentencing, the Court found that Pazmino was responsible for conspiring to distribute over 1.5 kilograms of methamphetamine.
The matter was investigated by the Drug Enforcement Administration (DEA). Assistant U.S. Attorney Jeffery St John prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement 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 enforcement and the local community to develop effective, locally-based strategies to reduce crime.
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Grosse Pointe Park Man Arrested in Scheme to Steal Funds from Religious CharityRead the Press Release
A Grosse Pointe Park resident was arrested today in connection with a federal criminal complaint charging him with obtaining by fraud, embezzling, and unlawfully converting to his own use the funds of the Holy Cross organization, a large charitable organization based in Clinton, Michigan, that receives federal funds, announced Acting United States Attorney Saima S. Mohsin.
Joining in the announcement was Special Agent in Charge Timothy Waters of the FBI.
Charged in the criminal complaint is John R. Lynch, 56. The affidavit supporting the complaint states that in March 2012 Lynch became the CFO of the Holy Cross organization, and in January 2015 he became its CEO. Holy Cross was established in 1948 when Boysville of Michigan was incorporated under the auspices of the Roman Catholic Archdiocese of Detroit. Boysville of Michigan later became Holy Cross Children’s Services. The Holy Cross organization provides welfare services to disadvantaged children and adolescents, behavioral health services to adolescents and adults, and a number of support services to the homeless. Holy Cross services are provided mostly to individuals in Southeast and Mid-Michigan. The Holy Cross organization also includes the Samaritan Center, a large community resource center that provides healthcare, employment services, and other forms of support to residents of Detroit’s east side.
The complaint affidavit states that when he was Holy Cross’s CEO, Lynch used Holy Cross funds to pay for repairs to his own cars, install a new roof on his house, pay down his personal mortgage balance, and make payments on a personal American Express account. Lynch also used Holy Cross funds to pay his own consulting company and to pay another company hired to provide security services at the Samaritan Center, a company ostensibly controlled by a relative but actually controlled by him. Lynch attempted to justify some of these payments with bogus invoices The complaint affidavit also relates that Lynch used his corporate Holy Cross American Express card to pay for goods and services of a personal nature.
Holy Cross receives federal funds under the National School Lunch Program and the School Breakfast Program. It also receives federal funds under Title IV-E of the Social Security Act, which pays for foster care and provides adoption assistance and guardianship assistance.
The complaint charges Lynch with wire fraud, mail fraud, and embezzling and stealing funds under the care, custody, and control of an organization receiving federal funds. A complaint is only a charge and is not evidence of guilt. Trial cannot be held on felony charges in a complaint. When the investigation is completed a determination will be made whether to seek a felony indictment.
The case is being prosecuted by Assistant United States Attorney Stephen Hiyama. The investigation is being conducted by the Federal Bureau of Investigation.
Former Postal Carrier Pleads Guilty to Discarding Mail in WoodsRead the Press Release
SYRACUSE, NEW YORK – Tanner Brown, 25, of Cobleskill, New York, pled guilty yesterday in federal court in Syracuse to one felony count of delaying the mail, announced Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Matthew Modafferi, United States Postal Service-Office of Inspector General (USPS-OIG), Northeast Area Field Office.
In pleading guilty, Brown admitted that between January 1, 2019, and July 24, 2019, while working as a postal carrier for the United States Postal Service, he intentionally detained and failed to deliver 5,833 pieces of mail. Instead of delivering this mail to its intended recipients in Onondaga County, Brown drove it to Sharon Springs, New York, where he dumped some of it in a grassy field and the rest of it in a wooded area underneath a pile of discarded tires. When agents recovered the mail from those locations, they discovered that much of it was First-Class Mail and that most of it was wet, dirty, and/or covered in bugs.
The charge to which Brown pled guilty carries a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. Brown will be sentenced by Chief United States District Judge Glenn T. Suddaby on August 4, 2021. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by USPS-OIG, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Former New Haven Resident Sentenced to 10 Years in Federal Prison for Possessing Child Sex Abuse ImagesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that MICHELLE LYNN GSCHLECHT, formerly known as Richard Gschlecht, 51, last residing in New Haven, was sentenced today by U.S. District Judge Kari A. Dooley in Bridgeport to 120 months of imprisonment, followed by 10 years of supervised release, for possessing images of child sexual abuse.
According to court documents and statements made in court, in August 1996, Gschlecht was convicted in state court of sexual assault in the first degree related to the aggravated sexual abuse of a minor. In July 2015, Gschlecht was convicted in state court of possession of child pornography.
In March 2019, Gschlecht began serving a 10-year term of state probation. In July 2019, Gschlecht’s probation officer received information that Gschlecht was in possession of a cellphone that contained images depicting the sexual abuse of minors. State probation officers arrested Gschlecht on July 31, 2019, after a review of her phone revealed images of child pornography. Subsequent forensic analysis of the phone revealed approximately 174 images of child pornography, including images depicting the sexual abuse of prepubescent children and infants.
Gschlecht has been detained since her arrest. On January 11, 2021, she pleaded guilty to one count of possession of child pornography.
The penalties in this matter were enhanced based on Gschlecht’s criminal history.
This matter was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and the New Haven Police Department, with the assistance of the Connecticut’s Office of Adult Probation. The case was prosecuted by Nancy V. Gifford.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Former Member of New Bedford Latin Kings Chapter Sentenced for Racketeering ConspiracyRead the Press Release
BOSTON – A former member of the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) was sentenced yesterday on racketeering charges.
Raekwon Paris, a/k/a “King Debo,” 25, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 22 months in prison and three years of supervised release. In December 2020, Paris pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
Paris admitted to his role in a February 2019 shooting of rival gang members and his participation in the Latin Kings drug distribution conspiracy based in the City of New Bedford. In New Bedford, the Latin Kings ran a vast cocaine base distribution network that used multi-unit apartment buildings known as “trap houses” to distribute narcotics. Members of the Latin Kings dealt drugs in the trap houses, obtaining their supply of cocaine base from co-defendant, and leader of the New Bedford Chapter of the Latin Kings, Jorge Rodriguez, a/k/a “King G.” Evidence developed during the course of the investigation included multiple recordings of Latin Kings members cooking cocaine base, directing violence against rival gang members, meting out discipline, and handling firearms used to protect the Latin Kings’ drug distribution network.
In February 2019, Paris fired multiple gunshots at rival gang members who were observed leaving a Latin Kings trap house. Shortly after the shooting, Paris was captured on a recording made by a cooperating witness admitting to shooting at the rival gang members and firing eight shots but not striking anyone.
In November 2020, Rodriguez was sentenced to 18 years in prison after pleading guilty to RICO conspiracy and conspiracy to distribute cocaine and cocaine base.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Rivera is the 23rd defendant sentenced in the case.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted 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.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Former Leader of Lowell Latin Kings Chapter Pleads Guilty to Racketeering ConspiracyRead the Press Release
BOSTON – A former Inca, of leader, of the Lowell Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty today to racketeering charges.
Alfred Nieves, a/k/a “King Alfy,” 33, pleaded guilty to conspiracy to conducting enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for July 21, 2021.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
As stated during the plea hearing, Nieves served as the Inca, or leader, of the Lowell Chapter of the Latin Kings. During the course of the conspiracy in June 2019, Nieves requested permission from the state and regional leadership of the gang to assault a relative of a Latin Kings member. Separately, in 2017, Nieves admitted to sending a coded message to a Latin King member in the Massachusetts prison system directing violence to be taken against a certain individual who was also incarcerated. The coded message was intercepted and deciphered by investigators.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Nieves is the 44th defendant to plead guilty in the case.
The RICO conspiracy charge provides for a sentence of up to 20 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 Field Division; and Commissioner Carol Mici of the Massachusetts Department of Correction made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division are 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.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Former Fairview Resident Sentenced After Pleading Guilty to Violating the Clean Water ActRead the Press Release
OKLAHOMA CITY – Yesterday, DAKOTA BRENNAN GRAY, of Carmen, Oklahoma, pleaded guilty to a single-count Information charging him with negligently discharging oil into a water of the United States, in violation of the Clean Water Act, announced Acting U.S. Attorney Robert J. Troester.
On December 2, 2020, Gray was charged by Information with violating the Clean Water Act. The Clean Water Act was enacted by Congress to restore and maintain the chemical, physical, and biological quality of the Nation’s waters. In addition, the Clean Water Act was enacted to prevent, reduce and eliminate water pollution in the United States and to conserve the waters of the United States for the protection and propagation of fish and aquatic life and wildlife, for recreational purposes, and for the use of such waters for public drinking water, agricultural, and industrial purposes. Among other offenses, the Clean Water Act prohibits the negligent discharge of oil or a hazardous substance in harmful quantities into a water of the United States.
Yesterday, Gray pleaded guilty to discharging crude oil into the Cottonwood Creek in Major County, Oklahoma. At the hearing, Gray admitted that he opened the valves on a tank battery that contained approximately 129 barrels of crude oil. Gray discharged the crude oil onto the ground and most of the oil eventually spilled into Cottonwood Creek, which is a tributary stream that flows approximately 22 miles from its headwaters in Major County northeast to is confluence with the Cimarron River near Orienta, Oklahoma. The Cimarron River flows to the Arkansas River, the Mississippi River, and ultimately the Gulf of Mexico.
A response team from the Environmental Protection Agency (EPA), along with the tank battery’s owners, participated in the cleanup and recovery operation. Response actions included the placement of rigid booms, sorbent pads, and an underflow dam to recover and remove the crude oil from Cottonwood Creek and the accompanying shoreline. Due to the prompt response and cleanup efforts, inspectors did not observe any permanent contamination of the affected area during follow-up inspections.
At yesterday’s combined plea and sentencing hearing, U.S. Magistrate Judge Suzanne Mitchell accepted Gray’s guilty plea and sentenced him to serve three years of probation.
"Enforcement of the Clean Water Act protects public health and the environment," said Acting U.S. Attorney Troester. "I commend the dedicated efforts of the U.S. Environmental Protection Agency for their investigative efforts and rapid response to mitigate the impact of the pollution."
"Our nation’s environmental laws are designed to protect our communities and our natural resources," said Special Agent in Charge Christopher Brooks of EPA’s Southwest Area Office. "EPA will continue to hold individuals responsible for their environmental crimes and the resulting harm."
This case is the result of an investigation by the EPA – Criminal Investigation Division. The case was prosecuted by Assistant U.S. Attorney Charles Brown.
Reference is made to public filings for more information.
Former Employee of Huntington Non-Profit Charged with Theft of Federal FundsRead the Press Release
Phillips allegedly converted over $4.7 million of organization’s funds
HUNTINGTON, W.Va. -- Acting United States Attorney Lisa G. Johnston announced today the unsealing of a criminal complaint charging Ruth Marie Phillips, also known as Marie Phillips, 68, of Chesapeake, Ohio, with theft of federal funds from River Valley Child Development Services (“RVCDS”). Phillips was arrested today and appeared in federal court in Huntington before United States Magistrate Judge Cheryl A. Eifert.
RVCDS is a non-profit organization located in Huntington. RVCDS receives federal funding in excess of $10,000 in any one year and also receives state funding. RVCDS provides programs, services and support to children, families and the early childhood community.
According to the affidavit filed in support of the criminal complaint, Phillips worked as the Director of Business and Finance at RVCDS from approximately December 1, 1986 to on or about September 1, 2020. During this time, Phillips was responsible for all financial operations, including monitoring accounts receivable, creating and submitting invoices, reconciling bank accounts and issuing checks. The criminal complaint alleges that on or about April 2, 2002, Phillips opened a BB&T bank account under the name RVCDS without permission from RVCDS. Phillips listed her home address on the bank account and used it to knowingly convert approximately $4.72 million of RVCDS funds to her own use.
The criminal complaint further alleges that Phillips used the embezzled money for her own personal use and to fund Attitude Aviation, a full-service fixed-base operator authorized to provide aeronautical services, including fueling, rental of hangar space, aircraft rental, flight instruction and maintenance. Attitude Aviation has offices at Lawrence County Airpark in South Point, Ohio, and Tri-State Airport in Huntington. Phillips owns Attitude Aviation with at least two other people.
The allegations contained in the criminal complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty in a court of law.
If convicted, Phillips faces up to ten years in federal prison.
The Federal Bureau of Investigation (FBI) and the West Virginia State Police are conducting the investigation. Assistant United States Attorneys Kristin F. Scott and Kathleen Robeson are handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-mj-00034.
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Florida Resident Sentenced for Cyberstalking Idaho ResidentsRead the Press Release
BOISE – Alvin Willie George, 25, of Cross City, Florida, was sentenced to 51 months in federal prison followed by three years of supervised release for cyberstalking, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. U.S. District Judge B. Lynn Winmill also ordered George to pay $525.31 in restitution to one of the victims.
According to court records, in December 1999, in Texas, two female children were attacked in a bedroom. During the attack both children had their throats slit. One child survived the attack, but her friend was killed. The perpetrator of these crimes was convicted. Beginning in or around November 2016, and over the next several months, George began sending photos from the 1999 crime scene to the surviving victim and her sisters, all of whom live in Idaho. George did not know the surviving victim or her sisters, rather he researched the 1999 murder on the internet and used various Facebook accounts he created to send harassing and intimidating messages to these women, as well as threatening to rape and kill them.
This case was investigated by the Federal Bureau of Investigation and Boise Police Department.
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Florida Man Sentenced to 35 Years in Federal Prison for Four Armed RobberiesRead the Press Release
Orlando, Florida – U.S. District Judge Wendy W. Berger today sentenced John Armstrong (32, North Fort Myers) to 35 years in federal prison for two bank robberies, an attempted bank robbery, a Hobbs Act robbery, and three counts of brandishing a firearm during a crime of violence.
Armstrong had pleaded guilty on September 22, 2020. Armstrong’s co-defendants, Tanya Legg (45, North Fort Myers) and Daniel Zirk (24, Spring Hill), also previously pleaded guilty and were sentenced in December 2020 for their roles in this.
According to court documents, on June 14, 2019, Armstrong used a firearm to rob a 7-Eleven convenience store in North Fort Myers. During this robbery, Armstrong struck one of the store employees in the face with his firearm. On July 31, 2019, Armstrong used a firearm to rob a Bank OZK in Punta Gorda, stealing more than $151,000 from the bank’s vault.
On September 25, 2019, Armstrong and Zirk attempted to commit an armed robbery of a PNC Bank in Davenport. Zirk carjacked two vehicles earlier that morning, holding the victims at gunpoint. Armstrong and Zirk later used one of the carjacked vehicles as a getaway car following the attempted PNC Bank robbery. The robbery failed after the bank’s alarm went off. The following day, Armstrong, Zirk, and Legg robbed a BB&T Bank in Altamonte Springs, during which Armstrong and Zirk threatened to kill the bank employees and used firearms to force the employees to open the bank’s vault. They then stole approximately $22,000 in cash from the vault. Legg helped plan and purchase supplies for the BB&T Bank robbery and the attempted PNC Bank robbery. She also served as the getaway driver for these two robberies.
On December 9, 2020, Legg was sentenced to 14 years’ imprisonment for her role in this case. Zirk was sentenced on December 16, 2020, to 22 years and 4 months in prison for his role in the case.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Altamonte Springs Police Department, the Fort Myers Police Department, the Hernando County Sheriff’s Office, the Lee County Sheriff’s Office, the Orange County Sheriff’s Office, the Orlando Police Department, the Osceola County Sheriff’s Office, the Pasco Sheriff’s Office, the Punta Gorda Police Department, the Seminole County Sheriff’s Office, and the Tampa Police Department. It was prosecuted by Assistant United States Attorneys Chauncey A. Bratt and Amanda Daniels.
Flandreau Man Sentenced for Abusive Sexual ContactRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Flandreau, South Dakota, man convicted of Abusive Sexual Contact was sentenced on April 5, 2021, by U.S. District Judge Karen E. Schreier.
Cecil Long, age 68, was sentenced to 24 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Long was indicted by a federal grand jury on January 7, 2020. He pled guilty on November 16, 2020.
The conviction stemmed from an incident between August 31, 2015, and August 30, 2016, when Long, without permission, engaged in sexual contact with a juvenile victim, who lived with Long at the time.
This case was investigated by the Federal Bureau of Investigation and the Flandreau Santee Sioux Tribal Police Department. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Long has been allowed to self-report to the custody of the U.S. Marshals Service by April 26, 2021.
Final Conspirator Pleads Guilty in Fraudulent Loan and Bank Bribery SchemeRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, announced that ADEDAYO ILORI pled guilty today before United States District Judge Lewis J. Liman to one count of conspiracy to commit wire and mail fraud in connection with his role in a loan fraud scheme. ILORI also admitted that he conspired to commit money laundering, in violation of Title 18, United States Code, Section 1956(h). Codefendants Herode Chancy and Michael Albarella, who at the time of offense were employed as a managers at a Manhattan branch of a national bank (“Bank-1”), previously pled guilty before Judge Liman in connection with their respective roles in the scheme.
U.S. Attorney Audrey Strauss said: “Adedayo Ilori worked with bank insiders to obtain over $1 million in commercial loans for fake businesses. Ilori used stolen identities to apply for the loans and open bank accounts to receive the loan proceeds. His co-conspirators used a stolen identity provided by Ilori to launder a portion of the loan proceeds. Now all three have admitted their guilt and await sentencing for their crimes.”
According to the allegations in the Complaint, Indictment, and statements made in court:
From at least in or about March 2019 up to and including at least in or about March 2020, ILORI and Chancy conspired to fraudulently obtain business loans from a third-party commercial lender with the intent not to repay the loans – i.e., with the intent to “bust out” the loans. ILORI and Chancy together submitted eight fraudulent business loan applications for a total of $1,020,000 in business loans. The business loan applications submitted by ILORI and Chancy included doctored bank statements and listed the identities of other persons as the loan applicants, including stolen identities provided by ILORI. ILORI and Chancy also opened bank accounts using the identities of those other persons in order to receive the loan payments from the third-party commercial lender. ILORI and Chancy subsequently conspired with Albarella to open a bank account at Bank-1 using a stolen identity provided by ILORI to launder approximately $200,000 of the expected proceeds of the loan scheme. Albarella opened the bank account at Bank-1 using the stolen identity provided by ILORI and Chancy, and Albarella accepted a $10,000 bribe to open the bank account.
ILORI and Chancy believed that the underwriter for the third-party commercial lender was participating in the scheme and agreed to pay the underwriter a “commission” for the underwriter’s role in the scheme. In reality, however, the underwriter was an undercover law enforcement officer.
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ILORI, 42 of Queens, New York, pled guilty to one count of conspiracy to commit wire and mail fraud, which carries a maximum penalty of 20 years in prison. The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
ILORI is scheduled to be sentenced by Judge Liman on July 22, 2021, at 2:00 p.m.
Ms. Strauss praised the outstanding investigative work of the New York FBI’s Eurasian Organized Crime Task Force and the El Dorado Task Force of Homeland Security Investigations.
This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant United States Attorneys Tara M. La Morte and Cecilia E. Vogel are in charge of the prosecution.
Federal Court of Appeals Upholds Conviction and Life Sentence for Dubuque Man Who Distributed Heroin that Caused an Overdose DeathRead the Press Release
A Dubuque, Iowa, man’s conviction and life sentence for distributing heroin resulting in a death was upheld April 7, 2021, by the United States Court of Appeals for the Eighth Circuit.
On October 17, 2018, Richard Parker, age 49, from Dubuque, Iowa, was sentenced to concurrent life sentences following his jury conviction on two counts of distributing heroin, one of which resulted in an overdose death.
The evidence at trial showed that Parker obtained several grams of heroin in Chicago in April 2017. On Easter Sunday, Parker brought the heroin to a residence on Rhomberg Avenue in Dubuque. Parker and other individuals at the residence drank alcohol and smoked crack cocaine throughout the day. Prior to midnight, Parker and an individual identified as E.M. went into a back bedroom. While inside the room, Parker gave E.M. heroin, which she used. Shortly after using the heroin, E.M. stopped breathing. At approximately 12:20 a.m. on April 17, Parker called 911, and emergency responders arrived at the scene. As emergency responders were attempting to save E.M.’s life, Parker went into another room and hid the remaining approximately four grams of heroin in a chair, which was later found by investigators. The attempts to resuscitate E.M. were unsuccessful, and she was pronounced dead shortly after 1:15 a.m.
Parker had numerous felony criminal convictions. Amongst his prior convictions are four prior felony convictions related to drugs, including three prior convictions for drug distribution. In April 2017, Parker had recently been released after spending nearly a decade in prison for a burglary conviction.
“Richard Parker committed a deadly crime. The sentence affirmed by the Court of Appeals ensures he will no longer sell lethal narcotics in our community” said Acting United States Attorney Sean R. Berry.
The case was investigated by the Dubuque Drug Task Force and Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Cedar Rapids Police Department; the Linn County Sheriff's Office; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement, and was prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1034-LRR.
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Federal Court Grants Temporary Restraining Order Against Operators of “Get-Rich-Quick” SchemeRead the Press Release
CHARLOTTE, N.C. – U.S. District Court Judge Robert J. Conrad entered a Temporary Restraining Order (TRO) today against three Florida residents and three companies, to stop them from further operation of a predatory mass mailing scheme and from continuing to violate the criminal mail fraud statute.
According to the civil complaint filed on April 5, 2021, Keivy Chavez a/k/a Kamilo Correa, Jhon F. Palacio a/k/a Richard Diamond, Sr., and John Doe a/k/a Tom Jowarski, through several fictitious business entities including KC Promotions a/k/a Miracle Profits, TJ Ads and CS Enterprises, allegedly engaged in an ongoing chain letter mass mailing fraud scheme that has targeted thousands of victims across the United States, especially the elderly. The complaint also alleges that the defendants’ efforts have resulted in significant financial harm to their victims.
According to the complaint, the defendants allegedly made material misrepresentations and fraudulent statements through deceptive mass mailings in the form of chain letters and Internet advertisements, to induce victims to enroll in one or more of their fictitious “money-making” programs, including the “Cash and Gold Tycoon Program” and the “MAJOR BUX! HUGE BUZZ!! Money Making Program.” The complaint states that the defendants induced the victims by promising exponential profits in the form of cash, commission payments, gold coins and silver bars, among other things. The complaint also states that many victims relied on the defendants’ fraudulent misrepresentations and paid over $1,000 each to enroll in the fraudulent programs, only to receive nothing in return. According to the complaint, since February 2021, the defendants have sent thousands of unlawful mass mailings, and during the same time frame the United States Postal Inspection Service (USPIS) has collected over 30 mailings, including enrollment applications and payments, addressed to KC Promotions, from victims residing in 18 states, including in North Carolina.
According to the filed complaint, USPIS has issued a notice alerting the public about these types of fraudulent schemes, warning consumers they could be commiting a federal crime.
The TRO entered today by the U.S. District Court bars the defendants and their companies from continuing to engage in such predatory schemes to prevent further harm to potential victims.
In making today’s announcement, Acting U.S. Attorney Stetzer commended Postal Inspectors with USPIS for conducting this investigation.
The enforcement action is handled by Assistant U.S. Attorneys Katherine Armstrong and James B. Gatehouse, of the U.S. Attorney’s Office in Charlotte.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a determination of liability.
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In March 2019, the U.S. Attorney's Office announced the Elder Justice Initiative, which aims to combat elder financial exploitation by expanding efforts to investigate and prosecute financial scams that target seniors; educate older adults on how to identify scams and avoid becoming victims of financial fraud; and promote greater coordination with law enforcement partners. For more information please visit: https://www.justice.gov/usao-wdnc/elder-justice-initiative
In addition to mass mail fraud schemes, other financial scams targeting seniors are:
- Lottery phone scams – in which the callers convince seniors that a large fee or taxes must be paid before they can receive lottery winnings.
- Grandparent scams – which convince seniors that their grandchildren are in trouble and need money to make rent, repair a car, or even money for bail.
- Romance scams – which lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose.
- IRS imposter scams – which defraud victims by posing as IRS agents and claiming that victims owe back taxes.
- Sham business opportunities – which convince victims to invest in lucrative business opportunities or investments.
To avoid falling victim to a financial scam:
- Don’t share personal information with anyone you don’t know.
- Don’t pay a fee for a prize or lottery winning.
- Don’t click on pop-up ads or messages.
- Delete phishing emails and ignore harassing phone calls.
- Don’t send gift cards, checks, money orders, wire money, or give your bank account information to a stranger.
- Don’t fall for a high-pressure sales pitch or a lucrative business deal.
- If a scammer approaches you, take the time to talk to a friend or family member.
- Keep in mind that if you send money once, you’ll be a target for life.
- Remember, it’s not rude to say, “NO.”
- A good rule of thumb is, if it’s too good to be true, it’s likely a scam.
If you have been contacted by a scammer or believe you have fallen victim to a scam, please contact the Justice Department’s Elder Fraud Hotline at 1-833-Fraud-11 (1-833-372-8311). The National Elder Fraud hotline was created for the public to report fraud against individuals who are age 60 or older. The hotline is open seven days a week. For more information about the hotline, please visit https://stopelderfraud.ovc.ojp.gov/.
Fort Washakie Man Charged with Assault in Indian CountryRead the Press Release
Acting United States Attorney Bob Murray announced today that VICTOR YNOSTROSA, 21, of Fort Washakie was indicted by a federal grand jury on March 25, 2021, for assault with a dangerous weapon and assault resulting in serious bodily injury. The Indictment alleges that on December 20, 2020, in the District of Wyoming and within Indian Country, Ynostrosa assaulted an individual with a firearm and the assault resulted in serious bodily injury to the victim.
He appeared before United States Magistrate Judge Teresa McKee on April 8, 2021, and plead not guilty to the charges in the Indictment. A jury trial has been set for June 14, 2021, in Casper before Federal District Court Chief Judge Scott W. Skavdahl. The maximum penalty upon conviction is up to 20 years in prison, a $500,000 fine, $200 special assessment, and 3 years of supervised release. Restitution may also be ordered.
The investigation is being conducted by Federal Bureau of Investigation Special Agent Christine Coble. Assistant United States Attorney Kerry Jacobson is prosecuting the case.
The charges against Ynostrosa are merely accusations, and he is presumed innocent until proven guilty.
Ex-Accounting Manager Sentenced to 10½ Years in Prison for Embezzling More Than $36 Million from Internet CompanyRead the Press Release
LOS ANGELES – A former accounting manager for a Los Angeles firm was sentenced today to 126 months in federal prison for embezzling more than $36 million from his employer’s client and then using the bulk of the illicit gains to pay off tens of millions of dollars in credit card debt.
Paul McDaniel, 44, a.k.a. “Edward Martin Karuku,” who resided in Orange before fleeing the United States over four years ago, was sentenced by United States District Judge John A. Kronstadt. McDaniel pleaded guilty in September 2019 to one count of wire fraud.
For more than seven years, McDaniel embezzled the funds from Hypermedia Systems Inc., a media technology services firm based in downtown Los Angeles. McDaniel initially was an independent contractor for, and then an employee of, E-Times Corp., a downtown Los Angeles-based professional services firm that provided accounting assistance to Hypermedia Systems. McDaniel was assigned to work at Hypermedia as an accounting manager. As part of his job, he would request payments to be made from a Hypermedia account to pay Hypermedia vendors.
While working with Hypermedia, McDaniel formed a Nevada corporation with a name like one of Hypermedia’s vendors and then opened a bank account – which he controlled – in that entity’s name. He then used his authority as Hypermedia’s accounting manager to approve and direct tens of millions of dollars’ worth of payments to this bank account.
To justify the payments, McDaniel created more than 100 false and fictitious invoices that appeared to be from actual Hypermedia vendors, falsely stating the goods and services had been provided to the company. In total, McDaniel caused more than $36 million to be fraudulently transferred by wire or check from Hypermedia to the bank account he controlled. McDaniel used the ill-gotten gains to pay off $23 million in credit card bills and transferred another $8 million to his personal bank accounts. As part of his sentence, McDaniel was ordered to pay $36,332,388 in restitution to Hypermedia.
McDaniel fled to Costa Rica in early 2017, and he was arrested there later that year pursuant to a provisional arrest warrant filed by the United States. He was extradited to the United States in February 2019 and has been in custody since then.
The FBI investigated this matter.
Assistant United States Attorney Poonam G. Kumar of the Major Frauds Section prosecuted this case.
Duplin County Methamphetamine Trafficker Receives More Than 11 Years in Federal PrisonRead the Press Release
WILMINGTON, NC - Jason Hyland, 39, of Duplin County, was sentenced yesterday to 134 months in prison for Conspiracy to possess with the intent to distribute and distribute 500 grams or more of a mixture and substance containing methamphetamine and possession with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine.
According to court documents and evidence presented in court, on June 30, 2020, Drug Enforcement Administration (DEA) agents working with Duplin County Narcotics Detectives received information that Hyland and Ashely Shakelford were traveling to Atlanta, Georgia to pick up two pounds of methamphetamine and then would be returning to Eastern North Carolina. On July 1, 2020, DEA agents assisted by Sampson County Sheriff’s Office Detectives stopped a car driven by Shakelford with Hyland as the sole passenger. The car was stopped in the Newton Grove area returning from Georgia. Detectives had a K-9 conduct a sniff of the car and the K-9 detected the odor of narcotics. Detectives searched the car and found more than a kilogram and half of methamphetamine. During the investigation, law enforcement discovered that between May and June 2020, Hyland made approximately 8 trips to Georgia to pick up methamphetamine. Hyland had distributed methamphetamine to Virginia and the Eastern District of North Carolina. Hyland was responsible for distributing approximately 6 kilograms of methamphetamine.
Shakelford was previously sentenced in federal court for her role and received 90 months imprisonment.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Richard E. Myers II. The Drug Enforcement Administration, Bureau of Alcohol, Tobacco, and Firearms, the Craven, Duplin, New Hanover and Sampson County Sheriffs’ Offices and the Mount Olive Police Department investigated the case and Assistant U.S. Attorney Timothy Severo prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:20-cr-00130-M-1.
Drug Trafficking Gang Member Sentenced to 30 Years in PrisonRead the Press Release
SAN JUAN, Puerto Rico – Oscar Luis Mendoza Flores, a member of a violent drug trafficking gang that operated in the municipality of Cayey between 2008 and 2015, was sentenced by U.S District Judge Pedro A. Delgado-Hernández to a term of 360 months (30 years) in prison, announced United States Attorney for the District of Puerto Rico, W. Stephen Muldrow.
Oscar Luis Mendoza Flores was charged in a six-count indictment along with 32 other defendants in November 9, 2015, with conspiracy to possess with intent to distribute, and distribution of cocaine, heroin, crack, marijuana, alprazolam and oxycodone. Immigration and Customs Enforcement- Homeland Security Investigations (ICE-HSI) and the Puerto Rico Police Bureau (PRPB), Guayama Strike Force, were in charge of the investigation.
The indictment alleged that beginning in 2008, the organization distributed controlled substances within 1,000 feet of a real property comprising Luis Muñoz Morales and Brisas de Cayey Public Housing Projects (PHP), San Tomás and Canteras Wards, and other areas nearby and within the Municipality of Cayey, Puerto Rico, all for financial gain and profit. After being convicted at trial of conspiracy to possess with intent to distribute controlled substances in a protected location, possession with intent to distribute cocaine, heroin and marijuana in a protected location, and possession of firearms in furtherance of a drug trafficking crime, Oscar Luis Mendoza Flores was sentenced to a term of imprisonment of 300 months for the drug trafficking charges, and a term of imprisonment of 60 months to be served consecutively, for the possession of firearms in furtherance of a drug trafficking crime, for a total term of imprisonment of 360 months.
Members of the gang, including the defendant, participated in shootings in the common areas of the Luis Muñoz Morales PHP and surrounding areas. These shootings were meant to threaten and intimidate rival gangs, and endangered the lives of the law-abiding citizens residing in these neighborhoods. The co-conspirators possessed handguns of different makes, models, and calibers, as well as fully automatic handguns and high-power rifles.
“This lengthy sentence is the result of the outstanding work and collaboration between the PRPB Strike Forces, and Federal law enforcement (HSI Ponce),” said U.S. Attorney Muldrow. “I commend the investigative and prosecution team for their hard work. We will continue our joint efforts to dismantle violent gangs and ensure safety for all citizens of Puerto Rico.”
Deputy Chief of the Gang Section Teresa S. Zapata Valladares and Assistant United States Attorney César Rivera-Giraud prosecuted the case.
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Detroit Man Who Robbed Credit Union and Crashed Getaway Car Near Vandenberg Air Force Base Pleads Guilty to Bank Robbery ChargeRead the Press Release
LOS ANGELES – A Michigan man who robbed a credit union – and two days later attempted to rob a bank and led law enforcement on a high-speed pursuit that ended with him crashing his getaway car near Vandenberg Air Force Base – pleaded guilty today to a federal criminal charge.
Maurice Antwion Pilgrim Jr., 19, of Detroit, pleaded guilty to one count of bank robbery.
According to his plea agreement, on October 13, 2020, Pilgrim robbed Coast Hills Credit Union in Lompoc, netting $3,000 in the theft. Two days later, Pilgrim attempted to rob Mechanics Bank in Guadalupe by handing one of the tellers a note which read, “give me $5,000-$10,000 and no gets hurt.” Pilgrim fled the scene after seeing a nearby bank security guard.
After fleeing Mechanics Bank, local law enforcement spotted Pilgrim driving a car on Highway 1 and began pursuing him. After initially stopping his car, Pilgrim refused to exit the vehicle and, to avoid capture, sped away. During his subsequent flight from law enforcement he drove at speeds more than 110 mph, weaving in and out of traffic, and almost colliding with other motorists on the road, the plea agreement states.
Pilgrim’s vehicle went off the road near the Vandenberg Air Force Base visitor center, and he attempted to flee on foot, but he was quickly apprehended. Law enforcement recovered $552 from Pilgrim’s car and $1,700 from his pockets that were proceeds of his robbery of Coast Hills Credit Union two days earlier.
United States District Judge Percy Anderson has scheduled a June 21 sentencing hearing, at which time Pilgrim will face a statutory maximum sentence of 20 years in federal prison.
The FBI, the Lompoc Police Department, the Guadalupe Police Department, and the Santa Barbara County Sheriff’s Office investigated this matter.
Assistant United States Attorney Lynda Lao of the General Crimes Section is prosecuting this case.
Colorado Physician Charged for Misappropriating Thousands from Three Different COVID Relief ProgramsRead the Press Release
An indictment was unsealed Wednesday in Denver charging a Colorado man with stealing nearly $300,000 in government funds from three different COVID relief programs and with making false statements in connection with bankruptcy proceedings.
According to court documents, Francis F. Joseph, 56, of Highlands Ranch, allegedly transferred approximately $118,000 in COVID relief funding from a medical clinic’s account into his personal bank account, after which he spent the money on, among other things, travel and home improvements. The stolen funds came from two programs that were designed to aid medical providers during the COVID-19 pandemic — the Accelerated and Advance Payment Program and the Provider Relief Fund.
The Accelerated and Advance Payment Program provides necessary funds in national emergencies in order to accelerate cash flow to impacted Medicare providers. The Provider Relief Fund, through which $50 billion was allocated to providers for the coronavirus response, was part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a federal law enacted March 29, 2020 and designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic.
Today’s indictment constitutes the nation’s second set of criminal charges related to the misuse of Provider Relief Fund moneys and the first time that charges have been brought in connection with fraud on the Accelerated and Advance Payment Program.
The indictment further alleges that following his termination from the clinic, Joseph applied for a $179,999 loan under the Paycheck Protection Program (PPP) on behalf of the medical practice, which he then directed into his personal bank account. Finally, the indictment alleges that Joseph filed for bankruptcy on behalf of (but unbeknownst to) the clinic following his termination and submitted documents containing materially false statements regarding his misappropriation of funds from the clinic in connection with that proceeding.
In April 2020, Congress authorized over $300 billion in additional PPP funding through the CARES Act. The PPP allows qualifying small business and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for 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 time period and use at least a certain percentage of the loan towards payroll expenses.
Joseph is charged with theft in connection with health care, theft of government property, wire fraud, and making a false statement in connection with a bankruptcy proceeding. Joseph is scheduled to make his initial court appearance on May 25 before U.S. Magistrate Judge S. Kato Crews of the U.S. District Court for the District of Colorado. If convicted, he faces maximum penalties of 10 years in prison for each theft count, 20 years for wire fraud, and five years for the bankruptcy proceeding false statement. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Special Agent in Charge Curt Muller of the U.S. Department of Health and Human Services’ Office of Inspector General’s (HHS-OIG) Kansas City Region; and Special Agent in Charge Weston King of the U.S. Small Business Administration’s Office of Inspector General’s (SBA-OIG) Western Region made the announcement.
Trial Attorney Emily Gurskis of the Justice Department’s Fraud Section is prosecuting the case.
This case was brought in coordination with the Health Care Fraud Unit’s COVID-19 Interagency Working Group, which organizes efforts to address illegal activity involving health care programs during the pandemic. The Department of Justice also thanks the U.S. Attorney’s Office for the District of Colorado and the Colorado State Medicaid Fraud Control Unit for assistance they provided.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Cocoa Man Sentenced to 50 Years in Federal Prison for Using an 11-Year-Old Child to Produce Sex Abuse VideosRead the Press Release
Orlando, Florida – U.S. District Judge Wendy W. Berger has sentenced Edgar John Dawson, Jr. (47, Cocoa) to 50 years in federal prison for five counts of using a minor child to produce sexual abuse videos and two counts of distributing child sex abuse images over the internet. Dawson was also ordered to register as a sex offender and to forfeit his phone. He has been in custody since his arrest on May 7, 2020.
Dawson had pleaded guilty to the distribution counts on November 17, 2020. He was subsequently found guilty of the production offenses on December 8, 2020, following a bench trial.
According to court documents, on five different occasions in March 2020 and May 2020, Dawson produced videos of himself using an 11-year-old child to engage in sexually explicit conduct. He then distributed these videos to others in internet chat rooms where persons with a sexual interest in children are known to gather. Dawson also shared images depicting the sexual abuse of numerous young children through an online messaging application in order to obtain similar images in return.
This case was investigated by the Federal Bureau of Investigation (Orlando and Jacksonville), the Metropolitan Police Department (Washington D.C.), and the Cocoa Police Department. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Charlotte Man Is Sentenced to 16 Years in Prison for the Armed Robbery of A Dollar General StoreRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Kenneth D. Bell ordered Ishmeel Qyshawn Chapman, 20, of Charlotte, to serve 16 years in prison and three years of supervised release, on charges stemming from the April 2020 armed robbery of a Dollar General store, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Johnny Jennings of the Charlotte-Mecklenburg Police Department (CMPD) join Acting U.S. Attorney Stetzer in making today’s announcement.
According to court documents and today’s sentencing hearing, on April 23, 2020, Chapman and another individual entered the Dollar General store located at 8825 WT Harris Boulevard in Charlotte. Upon entering, Chapman’s accomplice pointed a firearm at customers and a store employee, while Chapman grabbed a customer by the arms and forced him to the cash register counter. Court records show that the store employee complied with the robbers’ demands and opened the store’s first cash register, and Chapman’s accomplice began taking money out of it. While the employee was attempting to open the second cash register, Chapman struck the employee on the right side of her head, knocking her to the ground. Court records indicate that Chapman then took the firearm from his accomplice and pointed it at several customers, which included a one-year old child, and ordered the customers to hand over their purses and wallets.
According to court records, Chapman and his accomplice stole $510 from the cash register and fled the scene. As he was leaving the store, Chapman pointed a firearm at a customer and then struck the customer on the shoulder with the gun. CMPD officers alerted to the robbery located Chapman’s getaway vehicle and Chapman was arrested shortly thereafter. At the time of Chapman’s arrest, law enforcement also located the firearm used during the store robbery.
On December 1, 2020, Chapman pleaded guilty to robbery of a business affecting interstate commerce, or “Hobbs Act” robbery, and possession and brandishing a firearm during, in relation to, and in furtherance of a crime of violence.
Chapman is currently in federal custody in the Western District of North Carolina and will be transferred into the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, Acting U.S. Attorney Stetzer thanked the FBI and CMPD for their investigation of this case.
The prosecution for the government was handled by Assistant U.S. Attorney Christopher Hess of the U.S. Attorney’s Office in Charlotte.
Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Corey Allen Tucker, 25, of Charleston, pleaded guilty today to being a felon in possession of a firearm. A federal grand jury indicted Tucker in September 2020.
According to court documents and statements made in court, Tucker got into an altercation and shot an individual in South Charleston on January 7, 2019. Later that day, investigators with the Kanawha County Sheriff’s Department located Tucker in a South Charleston residence and found a 9mm pistol magazine loaded with unfired cartridges in his jacket pocket. Law enforcement officers searched the residence and found two firearms, including a Taurus Millennium G2 9mm pistol, buried in a cat litter box. Some of the ammunition loaded in that firearm was the same brand and type of shell casing located at the scene of the shooting. The magazine found in Tucker’s jacket pocket also fit the firearm. Tucker admitted to law enforcement that he shot the victim. Tucker was prohibited from possessing firearms by virtue of a 2016 conviction in South Carolina for assault and battery in the first degree.
Tucker faces up to ten years in prison when sentenced on July 22, 2021.
The Kanawha County Sheriff’s Department conducted the investigation and received assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorneys Julie White and Greg McVey are handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00162.
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