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18 May 2021
Denton County Woman Sentenced for Student Loan FraudRead the Press Release
PLANO, Texas – A Denton, Texas, woman has been sentenced for student loan fraud in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Tiffany O’Neal, 47, pleaded guilty on Nov. 19, 2020, to student loan fraud and was sentenced to five years of federal probation and ordered to pay restitution in the amount of $234,113.00 by U.S. District Judge Sean D. Jordan on May 17, 2021.
“Funds earmarked for student financial aid provide critical educational and professional opportunities for students,” said Acting U.S. Attorney Nicholas J. Ganjei. “The Eastern District of Texas is committed to ensuring that those funds serve that purpose. However, when those funds are diverted or stolen, this case shows that EDTX, along with its law enforcement partners, will take action and hold those responsible.”
“Ms. O’Neal knowingly and willfully abused her position of trust for personal gain and in doing so, defrauded the school, the Federal student aid program, and America’s taxpayers. She’ll now be held accountable for her criminal actions,” said Edd Cole, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s (OIG) Southwestern Regional Office. “OIG Special Agents will continue to work with our law enforcement partners to aggressively pursue those who seek to enrich themselves with Federal education funds. America’s students, their families, and taxpayers deserve nothing less.”
According to court documents, between 2012 and 2017, O'Neal was both a student at the University of North Texas as well as an employee in their financial aid office. In this role, she had the ability to approve and reject financial aid awards and grants. During this time, she submitted fictitious expenses relating to her husband's financial aid application, approved financial aid awards to her husband to which he was not otherwise entitled, and awarded monetary grants to her husband that he should not have received. In addition, she fraudulently obtained additional funds in her own financial aid packages. In sum, she misappropriated approximately $230,000 in funds that were earmarked for federal financial aid grants.
This case was investigated by the Department of Education Office of Inspector General and prosecuted by the Plano office of the United States Attorney’s Office for the Eastern District of Texas.
Childersburg Woman Sentenced to Two Years in Prison for Wire FraudRead the Press Release
BIRMINGHAM, Ala. – A Childersburg woman was sentenced today for engaging in a wire fraud scheme, announced U.S. Attorney Prim F. Escalona, and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Judge Annemarie Axon sentenced Tonya Bird Swain, 43, to 24 months in prison followed by three years of supervised release for wire fraud. Swain was also ordered to pay restitution in the amount of $532,724.48 to the victim. Swain pleaded guilty to the charges in January.
According to the plea agreement, Swain embezzled over $500,000 from her former employer, Recycle USA. Swain was employed as the Controller and/or Accounts Manager. She was responsible for ordering, receiving, and disbursing cash for company operations, and for making accounting entries in QuickBooks. On multiple occasions between 2015 and 2017, Swain ordered funds to be delivered via Loomis to Recycle USA. Swain manipulated QuickBooks entries and did not put all the cash in the vault, but instead kept the cash and used it to pay personal expenses.
“This defendant violated the trust bestowed upon her by her employer,” U.S. Attorney Escalona said. “This sentence sends a message that such schemes to defraud will result in federal prosecution and prison time.”
“Swain violated her employer’s trust when she defrauded them and went to great lengths to conceal her criminal activity,” SAC Sharp said. “This behavior is a serious federal crime and simply won’t be tolerated.”
The FBI investigated the case, which Assistant U.S. Attorney Robin Beardsley Mark prosecuted.
Chester County Accountant Sentenced for Fraud SchemeRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Christopher May, 32, of Paoli, PA, was sentenced to one year and four months in prison, and two years of supervised release by United States District Judge Timothy J. Savage for engaging in an embezzlement scheme through which he stole more than $1.2 million from his former employer.
In February 2021, the defendant pleaded guilty to two counts of wire fraud stemming from this scheme which he perpetrated over the course of about eight months. From roughly October 2019 until May 2020, while employed as a staff accountant at a local e-commerce automotive parts retailer based in Paoli, PA, May made more than 50 unauthorized Paypal transfers of his employer’s funds into his personal accounts. In total, he stole $1,213,500. He immediately spent nearly this entire amount gambling on sports and making payments to pornographic web camera models whom he met on the internet.
To hide and prolong his fraud, the defendant doctored his employer’s bank statements and created fake financial records. He abruptly resigned from his position in June 2020, after an audit at the company raised questions about discrepancies in these documents.
As part of the Court’s sentence, the defendant will be required to pay back all the money that he stole from his employer. When released from prison, May will also be required to attend mental health treatment to address underlying issues that may have contributed to his crimes.
“Our Office takes offenses like embezzlement and financial fraud very seriously,” said Acting U.S. Attorney Williams. “The defendant stole more than a million dollars by abusing his position handling finances for his former employer. We will continue to work with our law enforcement partners to protect innocent individuals and businesses from being victimized by this type of fraud.”
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Sean P. McDonnell.
Central Illinois Man Charged with Four April 2021 RobberiesRead the Press Release
PEORIA. Ill. – A grand jury today indicted a Central Illinois man, John W. Beck, 54, of Mechanicsburg, Ill., for allegedly committing four robberies over a two-week period in April 2021.
The indictment alleges that Beck committed four robberies in three Central Illinois counties from April 8 to April 20, 2021. The robberies include the April 8, 2021 robbery of the Dollar General in Buffalo, Ill., in Sangamon County; robbery of the Odell Bank, Odell, Ill., in Livingston County, on April 9, 2021; robbery of the Fast Stop Store, also in Odell, Ill., on April 17, 2021; and, the armed bank robbery of Elmwood Community Bank, in Elmwood, Ill, Peoria County, on April 20, 2021.
Beck was arrested in Springfield, Ill. on April 21, 2021 on warrants issued by Livingston County and the Illinois Department of Corrections. He has remained in the custody of law enforcement in Livingston County. His date for appearance in federal court has not been set.
If convicted, the maximum statutory penalties for the alleged crimes charged are up to 25 years in prison for armed bank robbery (one count) and up to 20 years in prison for two counts of interference with commerce by robbery, known as the Hobbs Act, and one additional count of bank robbery.
Agencies participating in the investigation include the FBI-Springfield Division; the U.S. Marshals Service; the sheriffs’ offices for Livingston, Edgar, Sangamon, Peoria and DeWitt counties, the Springfield Police Department, and the Elmwood Police Department. Supervisory Assistant U.S. Attorney Darilynn J. Knauss is representing the government in the prosecution.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Cattle Fraud Scheme Resulted in Two MurdersRead the Press Release
KANSAS CITY, Mo. – A Braymer, Missouri, man was indicted by a federal grand jury today for a $215,000 cattle fraud scheme that he attempted to cover up by murdering two Wisconsin brothers.
Garland Joseph Nelson, 27, was charged in an indictment returned by a federal grand jury in Kansas City, Mo.
The indictment charges Nelson with one count of mail fraud for a scheme in which he allegedly shot and killed two men whom he had defrauded of $215,000 in a cattle contract. Nelson has been charged with two counts of murder in a separate state case that is scheduled for trial in June 2022.
According to the indictment, Nelson – an employee of J4s Farm Enterprises, Inc., a business started by his mother – agreed to care for cattle belonging to Diemel’s Livestock, LLC, located in Shawano County, Wisconsin. Nicholas and Justin Diemel were principals in Diemel’s Livestock, which invested and traded in cattle and other livestock. Nelson agreed to feed and pasture the cattle, then sell the cattle and send Diemel’s Livestock the proceeds (minus the costs of raising the cattle).
The Diemels sent several loads of cattle to Nelson from November 2018 through April 2019. Nelson sold some loads of cattle and paid the Diemels. However, Nelson allegedly sold, traded, and/or killed many of the Diemels’s cattle without remitting the payments to the Diemels. Nelson continued to fraudulently bill the Diemels for feed and yardage for cattle that had been sold, traded, or had died.
Nelson, the indictment says, did not properly care for cattle due to incompetence, neglect, or maltreatment. Cattle entrusted to Nelson had high death rates dues to underfeeding, neglect, and/or maltreatment. Nelson fed cattle inadequately and poorly. For example, he dropped hay bales in a pasture for calves but did not remove the plastic covering so that calves ate the plastic and died. In another example, in December 2018, Nelson was entrusted with feeding and caring for 131 calves he co-owned with a Kansas farmer. On May 23, 2019, Nelson dropped off 35 calves at the co-owner’s farm in Kansas, apparently all that survived of the 131. Of the surviving 35 calves, many were emaciated and had ringworm. Some calves had their ears torn as though identifying ear tags had been removed.
Throughout the spring of 2019, Nicholas Diemel pressed Nelson for payment for his cattle. He sent no more loads of cattle to Nelson while he awaited his payment.
To deprive the Diemels of their cattle or their money and to prevent them from recovering either their cattle or their money, in June 2019 Nelson fraudulently sent the Diemels a bad check for $215,936 while the account had a balance of 21 cents. The check had been intentionally torn and damaged so that it could not be submitted for payment.
Nicholas Diemel determined to come to Missouri to retrieve his money. On July 17, 2019, Nicholas Diemel bought two round-trip airline tickets from Milwaukee to Kansas City. On July 20, 2019, Nicholas and Justin Diemel arrived in Kansas City and rented a pickup truck from Budget.
On July 21, 2019, the Diemels drove their rental truck to Nelson’s mother’s farm in Braymer, the indictment alleges, where Nelson killed them both and attempted to dispose of their bodies.
Today’s indictment also contains a forfeiture allegation, which would require Nelson to forfeit to the government any property obtained from the proceeds of the alleged fraud scheme, including $215,936.
The charge contained in this indictment is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by the FBI, the U.S. Department of Agriculture – Office of Inspector General, the Caldwell County, Mo., Sheriff’s Department, the Bourbon County, Kan., Sheriff’s Department, and the Missouri State Highway Patrol.
California man sentenced to 21 months in prison for assaulting federal officersRead the Press Release
ALBUQUERQUE, N.M. – Ivan Allen, 40, of Moreno Valley, California, was sentenced on May 17 in federal court to 21 months in prison for assaulting federal officers. Allen was indicted on April 24, 2019, and pleaded guilty on Nov. 14, 2019.
Allen, who is non-Indian, assaulted two officers of the Pueblo of Laguna Tribal Police Department, who are commissioned as Special Law Enforcement Officers by the Bureau of Indian Affairs’ Office of Justice Services. Allen committed the offense on March 26, 2019, on the Pueblo of Laguna in Cibola County, New Mexico.
In his plea agreement, Allen admitted that on March 26, 2019, he was driving eastbound on Interstate 40 at a high rate of speed with the headlights of his vehicle off. An officer with the Pueblo of Acoma Police Department attempted to conduct a traffic stop, but Allen increased his speed and fled. Allen hit a concrete barrier and two officers with the Pueblo of Laguna Police Department responded to the scene. The officers used their public address system to command Allen to step out of his vehicle, which he initially ignored. Eventually, Allen complied with the officers’ commands. Upon reaching one of the police vehicles, Allen stiffened and fell backward onto the vehicle. When the officers approached Allen to render assistance, Allen began to fight the officers. After almost ten minutes of resistance, Allen was subdued and arrested.
Upon his release from prison, Allen will be subject to three years of supervised release.
The FBI’s Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs and Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorneys Raquel Ruiz-Velez and Kyle T. Nayback prosecuted the case.
CEO of San Diego Startup Sentenced for Bilking more than $1.5 Million from his CompanyRead the Press Release
Assistant U. S. Attorney Michelle L. Wasserman (619) 546-8431
NEWS RELEASE SUMMARY – May 17, 2021
SAN DIEGO – Jeffrey Fildey, founder and former CEO of San Diego startup GoFormz Inc., was sentenced in federal court today to 51 months in custody for embezzling more than $1.5 million from the company he co-founded.
According to court records, at the time of Fildey’s crime, GoFormz had had raised several rounds of outside funding and appeared to be a start-up success story. Fildey stole the funds despite earning a six-figure salary, and used the stolen funds to support a luxurious lifestyle, including the purchase of a $20,000 diamond ring, fancy vacations, an Audi, and recurring transfers to a woman with whom he was having an extramarital affair. According to public records, GoFormz Inc., founded in 2012, is a San Diego company that provides online mobile forms.
According to Fildey’s plea agreement and court records, beginning on or before September 30, 2015, and continuing through August 12, 2017, Fildey used various methods to defraud GoFormz. His deceptive ways included obtaining loans, supposedly on the company’s behalf, but then taking the funds for himself; putting personal expenditures on GoFormz credit cards which the company then paid for; obtaining cash advances for himself on GoFormz credit cards; and simply stealing money directly from the company’s bank account.
Fildey took out a total of three unauthorized loans on behalf of GoFormz, totaling approximately $600,000, and transferred the funds to his personal bank account shortly after the loaned funds were transferred to GoFormz. In addition to the loans, Fildey withdrew over $700,000 in cash from the GoFormz bank account for his personal use and made over $2,600 in unauthorized purchases on the GoFormz corporate credit card.
According to Court records, the company discovered Fildey’s deception when its payroll bounced in July 2017, and the company realized it had only approximately $9,000 in its bank account. As a result of Fildey’s conduct, the company had to fire 12 of its 42 employees and its valuation plummeted.
“Small business is the lifeblood of our community,” stated Acting U.S. Attorney Randy Grossman. “In stealing from his business, Mr. Fildey stole from all those whose livelihoods depended upon the company. Embezzlement and fraud will be prosecuted to the full extent of the law.”
“The defendant’s gross abuse of power is shocking on two fronts,” said FBI Special Agent in Charge Suzanne Turner. “As CEO, he lined his own pockets with more than $1.5 million at the expense of the company he was charged with leading. As an employee of the company, he put the livelihoods of his fellow employees and the future of the company in peril. Let this serve as another reminder - corporate greed has no place in society and those who pursue such a path will face consequences.”
Fildey admitted in his plea agreement that as a result of his fraud, GoFormz lost $1,544,147. In addition to custody, Fildey was ordered to pay restitution of $1,345,897 and to forfeit $1,156,001. The defendant was immediately remanded into custody to begin serving his sentence.
DEFENDANT Case Number 20cr1917-LAB
Jeffrey Fildey Age: 56 Las Vegas, NV
SUMMARY OF CHARGES
Wire Fraud – Title 18, U.S.C., Section 1343
Maximum penalty: Twenty years in prison and $250,000 fine or twice the gross gain or loss from the offense, whichever is greater
AGENCY
Federal Bureau of Investigation
Buffalo Woman and Man Plead Guilty for Their Roles in Violent RobberiesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Tiana Matias, 28, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to Hobbs Act Robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. In addition, Philip Purdue, 42, also of Buffalo, pleaded guilty to possessing and brandishing a firearm in furtherance of a crime of violence, which carries a mandatory minimum penalty of seven years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that on February 19, 2019, defendant Matias placed a food delivery order with the Niagara Deli & Pizzeria utilizing *67 as a means to hide her telephone number. As the delivery driver (Victim A) arrived on Gorton Street in Buffalo, Matias texted co-defendant Jacob Melvin that the delivery driver was “outside.” Brandishing a firearm, Melvin approached Victim A and demanded money. Melvin then stole money and food from the delivery driver and ran into the area of 36 Hoffman Street in Buffalo. At 36 Hoffman Street, Buffalo Police Officers found the Matias and Melvin. Officers also located the stolen food inside the residence.
On March 1, 2019, defendant Purdue and co-defendant Jacob Melvin committed an armed robbery at Parkside Village, LLC, an apartment/housing complex on Shelley Court in Tonawanda, NY. Purdue and Melvin entered Shelley Court and proceeded to the leasing office. Melvin brandished a firearm at a tenant and a rental agent and started demanding money. Melvin then began taking money, checks, and money orders from inside a desk drawer. Melvin then demanded the leasing agent get up and face the wall. While he was up against the wall with a handgun pointed at him, Melvin stole the leasing agent’s wallet which contained cash. At one point during the robbery, Melvin dropped the money and Purdue came into the room to help him. Purdue, who operated as a lookout, noticed a video camera, pulled his hood up, grabbed a white rag, and started wiping down areas where he and Melvin touched. Purdue and Melvin then left on foot. The two men shared the stolen proceeds.
Hobbs Act Robbery and various firearm offenses remain pending against co-defendant Jacob Melvin. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Tonawanda Police Department, under the direction of Chief James Stauffiger; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the United States Probation Office, under the direction of Chief Probation Officer Timothy C. Englerth; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.
Matias is scheduled to be sentenced on August 16, 2021, at 12:30 p.m., and Purdue is scheduled to be sentenced on August 20, 2021, at 12:30 p.m. Both sentencings will be before U.S. District Judge Richard J. Arcara.
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Big Island man arrested on methamphetamine and firearm chargesRead the Press Release
HONOLULU – Jonathan Tai, 36, of Kurtistown, Hawaii, made his initial appearance yesterday in United States District Court in Honolulu on methamphetamine and firearm charges filed in a criminal complaint. United States Magistrate Judge Kenneth J. Mansfield ordered him detained pending a detention hearing on Thursday, May 20.
Judith A. Philips, Acting United States Attorney, said the appearance followed Tai’s arrest on May 14, 2021, at his residence in Kurtistown after execution of a search warrant for that location. According to court documents, law enforcement authorities recovered approximately 4,600 gross grams of a substance testing positive for methamphetamine from two mail parcels addressed to a post office box in Mountain View pursuant to a search warrant issued on May 4, 2021. No one picked up those parcels, but a review of video surveillance of the same post office showed an individual strongly resembling Tai previously picking up two other mail parcels, and Tai was also previously identified as an individual who received mail at the same post office box to which the searched mail parcels were addressed.
Law enforcement authorities obtained a search warrant for Tai’s Kurtistown residence and, on May 13, pursuant to that warrant, recovered 240 gross grams of a substance testing positive for methamphetamine, more than 2,600 rounds of ammunition, more than $100,000 in U.S. currency, and a bump-stock device allowing a shooter of a semi-automatic firearm to initiate a continuous firing cycle with a single pull of the trigger. Also recovered at the time of the search and Tai’s arrest were a semi-automatic handgun and five “ghost guns,” generally defined as unserialized firearms that are often sold through kits and assembled at home.
Tai is charged in the criminal complaint with one count of methamphetamine trafficking and one count of possessing the semi-automatic handgun during and in relation to the methamphetamine trafficking. If indicted and convicted on those charges, Tai faces a mandatory minimum term of imprisonment of ten years and a maximum penalty up to life imprisonment on the methamphetamine charge and, on the firearm charge, a mandatory term of five years in prison consecutive to the imprisonment on the drug charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Barrio Azteca Gang Member and Career Offender Sentenced to Federal PrisonRead the Press Release
EL PASO -- U.S. District Judge Kathleen Cardone today sentenced 40-year-old Barrio Azteca member and career offender William “Happy” Haywood of El Paso to 16 years in federal prison followed by five years of supervised release for conspiring to import and distribute methamphetamine and possession of a firearm by a person under indictment.
On February 19, 2020, Haywood pleaded guilty to one count of conspiracy to import a controlled substance, one count of importation of a controlled substance, one count of conspiracy to possess with intent to distribute a controlled substance and one count of possession with intent to distribute a controlled substance.
Judge Cardone sentenced Haywood to 15 years imprisonment on the drug charges. She also sentenced Haywood to two years imprisonment, with one year to run consecutive to the drug case, based on a supervised release revocation for possession of a firearm by a person under indictment. According to court records, Haywood was on supervised release for a period of three years for a federal firearms conviction when he committed the above drug offenses.
According to court records, Customs and Border Protection officers at the Fabens Port of Entry arrested Brian Kizer, a 46-year-old U.S. citizen living in Juarez, Mexico, on May 21, 2019, while attempting to smuggle approximately three pounds of crystal methamphetamine into the U.S. Kizer intended to deliver the methamphetamine to Haywood just as he had done on three prior occasions. The FBI then conducted an operation culminating in a controlled delivery to Haywood at his residence. Haywood paid Kizer about $3,600, then unsuccessfully attempted to dispose of the evidence just prior to being arrested by law enforcement.
U.S. Attorney Ashley C. Hoff and FBI Acting Special Agent in Charge Jeffrey Coburn made today’s announcement.
“Today’s sentencing shows the FBI’s resolve to target individuals that are bringing methamphetamine and other dangerous drugs into the El Paso area,” said FBI Acting Special Agent in Charge Coburn. “Today, along with our law enforcement partners, we have shown that distribution of this poisonous drug will not be tolerated and affirm our commitment in keeping our community safe.”
On the same day Haywood pleaded guilty to the charges, Judge Cardone sentenced Kizer to four years in federal prison followed by five years of supervised release and ordered him to pay a $250 fine after pleading guilty to conspiracy to import a controlled substance.
The El Paso FBI’s Safe Streets Task Force investigated this case. Task Force agencies include: FBI, U.S. Customs and Border Protection West Texas, Texas Alcoholic Beverage Commission, U.S. Bureau of Prisons, Homeland Security Investigations, El Paso Police Department, El Paso County Sheriff’s Office, Texas Department of Criminal Justice–Office of Inspector General, Socorro Police Department and the El Paso Independent School District Police Department. Assistant U.S. Attorney Michael Osterberg prosecuted this case.
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Attorney General Launches Review to Reinvigorate the Justice Department’s Commitment to Access to JusticeRead the Press Release
U.S. Attorney General Merrick B. Garland today announced that the Justice Department will immediately begin work to reinvigorate its Office for Access to Justice and to restore the Justice Department’s role in leading efforts across government to seek and secure meaningful access to justice.
“Trust in the rule of law – the foundation of American democracy – depends upon the public’s faith that government seeks equal justice for all. That is the Justice Department’s core duty, and the mission upon which it was built. But without equal access to justice, the promise of equal justice under law rings hollow,” wrote Attorney General Garland in a memo to departmental leadership this afternoon.
The Attorney General directed the Justice Department’s leadership offices to immediately begin a review process that will engage all relevant stakeholders, both within the department and beyond. The review will initially explore, among other things, how the Justice Department and partners across federal, state, territorial, and tribal governments can alleviate entrenched disparities in our criminal justice system, address barriers to access in our immigration and civil legal systems, and advance health, economic, and environmental justice efforts. The Attorney General’s memo also charged Deputy Attorney General Lisa M. Monaco and Associate Attorney General Vanita Gupta with developing recommendations regarding the resources that will be required to reinvigorate the department’s Office for Access to Justice including a staffing strategy and placement within the department in light of its responsibilities.
The Attorney General will submit a detailed plan to the President for expanding the department’s role in leading access to justice initiatives across government within 120 days.
The Justice Department first launched an access to justice initiative in 2010. Building upon that important effort, the Office for Access to Justice was formally established in 2016 to plan, develop, and coordinate the implementation of access to justice policy initiatives of high priority to the department and the executive branch, including in the areas of criminal indigent defense and civil legal aid. However, during the prior administration, the office was effectively shuttered.
In addition to leading this strategic review within the Justice Department, Attorney General Garland will also help to lead access to justice initiatives across government as co-chair of the Legal Aid Interagency Roundtable, which the President reconvened today. That initiative will bring together more than two dozen federal departments and agencies to address the most pressing legal services challenges that low-income communities, communities of color, and many others across our country face today.
Attorney General Announces Task Force to Combat COVID-19 FraudRead the Press Release
WASHINGTON – U.S. Attorney General Merrick B. Garland, this week, directed the establishment of the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance enforcement efforts against COVID-19 related fraud.
“The Department of Justice will use every available federal tool—including criminal, civil, and administrative actions—to combat and prevent COVID-19 related fraud. We look forward to working with our federal government colleagues to bring to justice those who seek to profit unlawfully from the pandemic,” wrote Attorney General Garland in a memo announcing the Task Force.
The federal government responded to the far-reaching economic impacts of the COVID-19 pandemic with critical COVID-19 relief to workers and businesses affected by the pandemic. There has already been extraordinary vigilance, across the federal government, to help ensure that those much-needed public funds make it to Americans who are depending on them to feed their families and keep their businesses open. While it is impossible to keep all those intent on carrying out illegal COVID fraud schemes from doing so, the Department of Justice and its partner agencies have already been working to hold hundreds of bad actors accountable.
The Task Force will augment and incorporate the existing coordination mechanisms within the Department and will continue to work in close coordination with other efforts underway throughout the federal government. It will work closely with the Department’s interagency partners to share information and insights gained from prior enforcement experience, in order to reduce the potential threat to the American people and COVID-19 relief, and will help agencies tasked with administering these significant relief programs increase their fraud prevention efforts by providing any appropriate information law enforcement learns about fraud trends and illicit tactics. Additionally, it will also bolster efforts to investigate and prosecute the most culpable domestic and international criminals, prevent the exploitation of government assistance for personal and financial gain, and recover stolen funds.
Organized and led by the Deputy Attorney General, the Task Force includes several entities within the Department of Justice, including the Criminal and Civil Divisions, the Executive Office for United States Attorneys, and the Federal Bureau of Investigation. Key interagency partners, such as the Department of Labor, the Department of the Treasury, the Department of Homeland Security, the Small Business Administration, the Special Inspector General for Pandemic Relief (SIGPR), the Pandemic Response Accountability Committee (PRAC), and others, have been invited to be part of the Task Force.
The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at: https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.
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Atascosa Man Sentenced to Federal Prison for Coercing Minors into Performing Sexually Explicit ConductRead the Press Release
SAN ANTONIO – U.S. District Judge Fred Biery today sentenced 23-year-old Felipe Jesus Duron of Atascosa to 29 years in federal prison followed by 11 years of supervised release for coercing minors into engaging in sexually explicit conduct.
“Thanks to the efforts of our law enforcement partners and the prosecutor in this case, the defendant will no longer be able to commit such unspeakable acts against children,” said U.S. Attorney Hoff. “Today’s sentence reflects the seriousness of the defendant’s despicable conduct and shines a light on the strength of a 14-year-old victim who had the courage to report the defendant’s actions. I commend the social media platform and National Center for Missing and Exploited Children for bringing this matter to the attention of law enforcement.”
On July 14, 2020, Duron pleaded guilty to one count of coercion and enticement of a child, one count of production of child pornography, one count of receipt of child pornography and one count of extortion. According to court records, Duron used internet accessible devices between February 2019 and March 2019 to entice multiple minors, primarily ages 13 to 14, into sending nude photographs wherein they were engaged in sexually explicit conduct. Duron used those photographs to extort the minors, claiming he would release the sexually explicit photographs to their family and friends if they did not provide additional images of sexual activity. He also required them to enter real time video chat rooms where they were coerced into performing sexual acts for adult males as Duron watched.
“The sentence imposed today shows the U.S. Justice Department’s commitment to ensure the safety and innocence of our nation’s children,” said FBI Special Agent in Charge Christopher Combs, San Antonio Division. “The FBI and its law enforcement partners remain dedicated to protecting our nation’s future by ensuring our children can prosper where individuals like Duron do not threaten their welfare.”
The San Antonio FBI’s Crimes Against Children Task Force and the Texas Attorney General’s Office conducted this investigation. Duron has remained in federal custody since his arrest on October 5, 2019.
Assistant U.S. Attorney Bettina Richardson prosecuted this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Arizona woman admits meth trafficking crimeRead the Press Release
BILLINGS – An Arizona woman accused of bringing multi-pound quantities of methamphetamine to Montana for distribution admitted to a trafficking crime today, Acting U.S. Attorney Leif M. Johnson said.
Lisa Elizabeth Caudron, 42, of Gilbert, Arizona, pleaded guilty to possession with intent to distribute meth. Caudron faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. Caudron was released pending further proceedings. A sentencing date will be set before U.S. District Judge Dana L. Christensen.
The government alleged in court documents filed in the case that the Eastern Montana High Intensity Drug Trafficking Area Task Force learned in February 2020 that a person had been buying multi-pound quantities of meth from Caudron and from a co-defendant, Gaspar Salas, since February 2019 and that the two always came to Montana together. On April 23, 2020, law enforcement located Salas and Caudron at a hotel in Livingston and executed a search warrant for their room and their vehicle. The hotel room search resulted in the seizure of 4.69 pounds of meth, which is the equivalent of about 16,996 doses, in a backpack. Salas was sentenced in March to 15 years in prison for conviction in the case.
Assistant U.S. Attorney Colin M. Rubich prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force and the FBI’s Big Sky Western Transnational Organized Crime Task Force.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Annapolis MS-13 Member Sentenced to 38 Years in Federal Prison for a Racketeering Conspiracy and for Discharging a Firearm Related to His MS-13 Gang ActivitiesRead the Press Release
Baltimore, Maryland – Chief U.S. District Court Judge James K. Bredar sentenced Fermin Gomez-Jimenez, age 23, of Annapolis, Maryland, to 38 years in federal prison, followed by five years of supervised release, for his role in a conspiracy to participate in a racketeering enterprise and for using, carrying, and discharging a firearm during a crime of violence, in connection with his MS-13 gang activities.
The sentence was announced by Acting U.S. Attorney Jonathan F. Lenzner; Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Special Agent in Charge James Mancuso of Homeland Security Investigations (HSI) Baltimore Office; Special Agent in Charge Timothy Jones of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Chief Amal Awad of the Anne Arundel Police Department; Chief Edward Jackson of the Annapolis Police Department; and State’s Attorney Anne Colt Leitess of the Anne Arundel County State’s Attorney Office.
“The violence perpetrated by Gomez-Jimenez and his fellow MS-13 members was brutal and tragic and is totally unacceptable. The U.S. Attorney’s Office in Maryland and our federal, local and state partners are working together to remove these violent gang members and to keeping our communities safe from the deadly threat of MS-13,” said Acting U.S. Attorney Jonathan F. Lenzner. “We continue to work with our counterparts here and abroad to bring to justice these transnational gangs. The 38-year sentence for this defendant should serve as a reminder to the community that we will not relent in our pursuit of justice.”
“Gang-related violence and criminal activity present an ongoing challenge for law enforcement everywhere. HSI’s efforts to dismantle gangs are much more effective in areas where partnership with local law enforcement is strongest,” said James Mancuso, Special Agent in Charge for Homeland Security Investigations’ (HSI) Baltimore field office. “This significant sentence is the result of the hard work and collaboration between federal and local partners to bring members of MS-13 to account.”
According to his plea agreement and other court documents, from about 2015 through 2017, Gomez-Jimenez was a member and associate of the Hempstead clique of MS-13, and participated in a racketeering conspiracy that included assaults, murder, attempted murder, robbery, and drug trafficking. Specifically, Gomez-Jimenez admitted that he participated in the murder of a suspected rival gang member, and conspired and attempted to murder two victims in Annapolis. In addition, between January 2016 and February 2017, Gomez-Jimenez and other MS-13 members/associates sold marijuana to raise funds for the gang. The drug proceeds were used for, among other purposes, the purchase of more narcotics, weapons, and to send to MS-13 members and associates in other states and in El Salvador.
As part of the racketeering conspiracy, Gomez-Jimenez admitted that on March 11, 2016, he and other MS-13 members and associates planned and agreed to murder Victim 1, whom the gang suspected of being a rival gang member. Co-conspirator 1 and another MS-13 associate lured Victim 1 to Quiet Waters Park in Annapolis, Maryland, and once Victim 1 arrived at the park, members of the gang struck Victim-1 in the head with a branch or stick. Gomez-Jimenez, using a knife borrowed from a co-conspirator, along with co-defendants Moises Reyes-Canales, Marlon Cruz-Flores, and other members and associates of MS-13, then stabbed Victim 1 repeatedly, killing him. While Gomez-Jimenez and other members of the gang stabbed Victim 1, Co-conspirator 1 and other MS-13 members/associates stood watch outside of the park to ensure no one entered or left the park, and to watch for police presence, so that the gang could complete the murder of Victim 1. During this time, Co-conspirator 1 communicated by phone and through text messages with Cruz-Flores and Reyes-Canales inside the park, to let them know no one entered the park and they could complete the murder. After Victim 1 was killed, Gomez-Jimenez left the park to stand watch, so that other MS-13 associates could enter the park help bury Victim 1 in a shallow grave inside the park. Law enforcement did not locate Victim 1’s body until August 28, 2017, when it was exhumed by law enforcement.
As detailed in his plea agreement, on October 23, 2016, Gomez-Jimenez along with other members and associates of the MS-13 Hempstead clique in Annapolis, devised a plan to murder Victim 2, an unlicensed taxi driver. Gomez-Jimenez, Reyes-Canales, Cruz-Flores, Manuel Martinez-Aguilar, and other members and associates of MS-13, met at Quiet Waters Park to discuss the plan to murder Victim 2. At the meeting, each member of the conspiracy was assigned a task to complete the murder and dispose of the evidence. The group planned to use machetes, knives, and guns to kill the victim. Cruz-Flores and another Reyes-Canales each had a firearm and all the members of the conspiracy were aware that guns would be used in the murder.
A co-conspirator called Victim 2 using another member’s cell phone to arrange for an unlicensed taxi ride. Victim 2 arrived with another passenger, Victim 3. Cruz-Flores asked Victim 2 to drive to the area of the 700 block of Annapolis Neck Road in Annapolis. When they arrived, Reyes-Canales approached the vehicle and pointed a gun at the victims and Cruz-Flores also produced a gun and pointed it at the victims. Victim 3 attempted to run away and Cruz-Flores shot Victim 3 in the leg, while another MS-13 member repeatedly attacked Victim 3 with a machete. Victim 2 also tried to run. Co-defendant Martinez-Aguilar and another MS-13 member took Victim 2’s vehicle and attempted unsuccessfully to run him over with the car. Co-conspirators chased Victim 2 and Gomez-Jimenez repeatedly stabbed Victim 2 with a knife. The conspirators fled when they heard police sirens. A short time later, police arrested Gomez-Jimenez nearby with Victim 2’s blood on his hands and clothes. A surveillance camera in the area captured Gomez-Jimenez assaulting Victim 2 and the attempt to run over Victim 2 with Victim 2’s vehicle. DNA subsequently confirmed that the blood on Gomez-Jimenez’ hands matched Victim 2’s blood. Both victims were transported to the University of Maryland Shock Trauma Center with life threatening injuries. Both victims survived but have permanent injuries as a result of the attack.
Co-defendants Marlon Cruz-Flores, age 25, Reyes-Canales, age 23, and Manuel Martinez-Aguilar, a/k/a “El Lunatic” and “Zomb,” age 21, all of Annapolis, Maryland, previously pleaded guilty to the racketeering conspiracy and gun charge. Cruz-Flores was sentenced to 38 years in federal prison and Martinez-Aguilar was sentenced to 24 years in federal prison. Sentencing for Reyes-Canales is set for September 17, 2021. Co-defendant David Diaz-Alvarado, age 20, also of Annapolis, pleaded guilty to murder in aid of racketeering in connection with his MS-13 gang activities. A fourth co-defendant, Juan Carlos Sandoval-Rodriguez, age 23, of Annapolis was convicted on October 31, 2019, of murder in aid of racketeering and conspiracy to commit murder in aid of racketeering after an 11-day jury trial for the murder of Victim 1. All of the defendants remain detained.
MS-13 is a gang composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Anne Arundel County, Montgomery County, Prince George’s County, and Frederick County, and throughout the United States. Branches or “cliques” of MS-13 often work together cooperatively as “Programs,” with the purpose of increasing the gang’s levels of organization, violence, extortion, and other criminal activity, and to assist one another in avoiding detection by law enforcement. In Maryland and the surrounding area, these cliques include Hempstead Locos Salvatruchas (“HLS”), Parkview Locos Salvatrucha (“PVLS”), Normandie Locos Salvatrucha (“NLS” or “Normandie”), Sailors Locos Salvatrucha Westside (“SLSW” or “Sailors”), Langley Park Salvatrucha (“LPS”), Weedoms Locos Salvatrucha (“Weedoms”), and Cabanas Locos Salvatruchas (“Cabanas”). A person within the participating cliques is selected as the Program leader.
To protect the gang and to enhance its reputation, MS-13 members and associates are expected to use any means necessary to force respect from those who show disrespect, including acts of intimidation and violence. MS-13’s creed is based on one of its mottos, “Mata, roba, viola, controla,” which translates to, “kill, steal, rape, control.” One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible.
Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Acting U.S. Attorney Jonathan F. Lenzner commended HSI, the ATF, the Anne Arundel Police Department, the Annapolis Police Department, and the Anne Arundel State’s Attorney Office for their work in the investigation and prosecution. Mr. Lenzner thanked Assistant U.S. Attorney Zachary Stendig, and Trial Attorneys Matthew Hoff and Samantha Mildenberg Loiero of the Criminal Division’s Organized Crime and Gang Section, who are prosecuting the case.
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17 May 2021
Worcester Man Charged with Fraudulently Depositing U.S. Treasury Check Values at More Than One Million DollarsRead the Press Release
BOSTON – A Worcester man was arrested on Thursday, May 13, 2021 in connection with fraudulently depositing a United States Treasury check of more than $1 million dollars.
Leonardo Nascimento, 34, was charged with bank fraud and aggravated identity theft. Nascimento will make an initial appearance in federal court in Boston at a later date.
According to charging documents, on Oct. 30, 2020, Nascimento visited a branch of Santander Bank, opened a business bank account and then deposited a United States Treasury check in the amount of $1,064,613 in someone else’s name into the account. Nascimento allegedly provided Santander with a form claiming the payee gave Nascimento permission to cash a check in his name. That form also contained the payee’s purported signature. Investigators then spoke with the payee who confirmed that the Treasury Check was his 2019 personal tax return refund. It is alleged that Nascimento did not know the payee and that the signature on the check was not the payee’s actual signature.
The charge of bank fraud provides for a sentence of up to 30 years in prison, up to three years of supervised release and a fine of $1 million. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutive to any other sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Ramsey E. Covington, Acting Special Agent in Charge of Internal Revenue Service’s Criminal Investigation in Boston made the announcement. Valuable assistance was provided by the Worcester Police Department. Assistant U.S. Attorney John T. Mulcahy of Mendell’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Woman Pleads Guilty After Arriving at Cyril E. King Airport with Seven Suitcases Containing 76 Kilograms of MarijuanaRead the Press Release
ST. THOMAS – United States Attorney Gretchen C.F. Shappert announced on Monday that Idesha Sterrod pled guilty today in federal court to possession with intent to distribute marijuana.
According to court documents, on August 5, 2020, U.S. Customs and Border Protection officers at the Cyril E. King Airport were conducting inspections of incoming luggage and discovered a suitcase with packages containing a green leafy substance inside. The suitcase arrived on an American Airlines flight from Miami. The suitcase was placed back on the luggage belt and officers allowed it to be retrieved in the baggage section of the airport. Sterrod, along with three unrelated minor children traveling with her, retrieved a total of seven suitcases, including the one inspected.
Officers inspected all seven suitcases with which the defendant was traveling. All contained vacuum sealed bags of a green leafy substance, which tested positive for the characteristics of marijuana and had a total weight of 76 kilograms.
Sterrod will be sentenced at a later date by Chief Judge Robert A. Molloy and faces a maximum term of not more than 20 years imprisonment, three years of supervised release and a maximum $250,000.00 fine.
The Department of Homeland Security, Homeland Security Investigations and Customs and Border Inspection, investigated the case.
United States Attorney's Office for the Eastern District of Oklahoma Obtains Eighty-Two Indictments from Federal Grand JuryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced the federal grand jury sitting in Muskogee completed its May session last week and returned eighty-two felony indictments.
Seventy-six indictments were publicly filed and six remain sealed pending arrest of the charged defendants. All but one of the unsealed charges involve crimes arising out of Indian Country. Thirty-three indictments are for murder, sixteen are sexual assaults, and the balance contain allegations of child abuse/neglect, attempted murder, involuntary manslaughter, felonious assault, robbery, burglary, and kidnapping. The sole non-Indian Country indictment involves possession of methamphetamine with intent to distribute.
The dramatic increase in Indian Country cases for federal prosecution is due to the U.S. Supreme Court decision of McGirt v. Oklahoma and recent Oklahoma Court of Criminal Appeals rulings. These opinions determined the reservations of the Five Civilized Tribes were never disestablished by Congress and, therefore, the United States has primary federal jurisdiction to prosecute major crimes committed by—or against—Native Americans occurring within the 26 counties of the Eastern District of Oklahoma.
The following indictments were returned by the federal grand jury and filed in the United States District Court for the Eastern District of Oklahoma. The information listed in brackets is the county and the reservation where the crime(s) allegedly occurred.
Murder:
United States v. Coker Dean Barker and Anastacia Phillinia Little – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153 & 2; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii) & 2; Count 3: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) & 2 [Seminole County – Seminole Nation Reservation]
United States v. Crystal Renae Berryhill - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Marshall County – Chickasaw Nation Reservation]
United States v. Kalup Allen Born (Superseding Indictment) – Count 1: Murder in Perpetration of Robbery and Kidnapping in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153; Count 2: First Degree Burglary in Indian Country – 18 U.S.C. §§ 2, 1151, 1153(b) & 21 O.S. § 1431; Count 3: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153; Count 4: Kidnapping in Indian Country – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 5: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153(b) & 21 O.S. 1431; Count 6: Arson in Indian Country – 18 U.S.C. §§ 1151, 1153(b) & 21 O.S. § 1431 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Kalup Allen Born - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Aram Barak Catron - Murder in Indian Country – Second Degree – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Cherokee County – Cherokee Nation Reservation]
United States v. Jace Wayne Conger – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Seminole County – Seminole Nation Reservation]
United States v. Michael Ray Crawley – Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1152 [Pittsburg County – Choctaw Nation Reservation]
United States v. Kevin Leon Cross – Count 1: Murder in Perpetration of Kidnapping in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Kidnapping in Indian Country Resulting in Death – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 3: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Bryan County – Choctaw Nation Reservation]
United States v. Gregory Allen Gamblin, II - Murder in Indian Country - 18 U.S.C. §§ 1111(a), 1151, & 1152 [Choctaw County – Choctaw Nation Reservation]
United States v. Kadetrix Devon Grayson – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Seminole County – Seminole Nation Reservation]
United States v. Crystal Marie Haworth – Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]
United States v. Gunnar Mathew Hemingway – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. §§ 924(j)(1) [Choctaw County – Choctaw Nation Reservation]
United States v. Jordan Wayne Holt – Count 1: Murder in Indian Country - Second Degree -18 U.S.C. §§1111(a), 1151, & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence - 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii); Count 3: Causing The Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) - 18 U.S.C. § 924(j)(1); Count 4: Assault with Intent to Commit Murder in Indian Country -18 U.S.C. §§ 113(a)(1), 1151 and 1153 [McCurtain County – Choctaw Nation Reservation]
United States v. Darrell James Hummingbird – Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Adair County – Cherokee Nation Reservation]
United States v. Cody Nash James – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 and 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, United States Code, Section 924(c) – 18 U.S.C. §§ 924(j)(1) [Okmulgee County – Muscogee (Creek) Nation Reservation]
United States v. Ryan Cortlan Johnson – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) [Okmulgee County – Muscogee (Creek) Nation Reservation]
United States v. John Douglas Knight – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153 & 2; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) & 2 [Seminole County – Seminole Nation Reservation]
United States v. Aaron Michael Laconsello a/k/a Aaron Michael Hooper – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Muskogee County – Muscogee (Creek) Nation Reservation]
United States v. Neil Shai-Cameron Lewis - Murder in Indian Country – Second Degree – 18 U.S.C. §§ 1111(a), 1151, 1153 [Okmulgee County – Muscogee (Creek) Nation Reservation]
United States v. Brian James Mack - Murder in Indian Country - 18 U.S.C. §§ 1111(a), 1151, & 1153 [Pushmataha County – Choctaw Nation Reservation]
United States v. Robert Wayne Mitchell - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, & 1153 [Seminole County – Seminole Nation Reservation]
United States v. Jimmy Holmes Nace and Matthew Jennings Vermillion – Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1152 & 2 [Pittsburg County – Choctaw Nation Reservation]
United States v. Clifton Merrill Parish – Count 1: Murder in Perpetration of Robbery in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Kidnapping Resulting in Death in Indian Country – 18 U.S.C. §§ 1201(a), 1151 & 1153 [Choctaw County – Choctaw Nation Reservation]
United States v. Thomas Raymond Phillips, III – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Choctaw County – Choctaw Nation Reservation]
United States v. Jeffrey Lyn Pierce - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1152 [Choctaw County – Choctaw Nation Reservation]
United States v. Bradley Shawn Pittman - Murder in Indian Country – Second Degree – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Bryan County – Choctaw Nation Reservation]
United States v. Tyas Short – Count 1: Second Degree Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) & 2 [Pittsburg County – Choctaw Nation Reservation]
United States v. Devin Warren Sizemore – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Second Degree Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 3: Voluntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112(a), 1151 & 1153; Count 4: Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1153, 21 Okla. Stat. 843.5(A); Count 5: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 6: Assault and Battery on a Police Officer in Indian Country – 18 U.S.C. §§ 13, 1151 & 1152, 21 Okla. Stat. 649 [Pittsburg County – Choctaw Nation Reservation]
United States v. George McEntire Smith – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii) [Wagoner County – Muscogee (Creek) Nation]
United States v. John Duncan Stubbs – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii); Count 3: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Choctaw County – Choctaw Nation Reservation]
United States v. Chad Jon’Dale Voyles – Count 1: Conspiracy to Murder in Indian Country – 18 U.S.C. §§ 1117, 1111(a), 1151 & 1152; Count 2: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 2, 1151 & 1152; Count 3: Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 2, 1151, 1152; Count 4: Arson in Indian Country – 18 U.S.C. §§ 81, 2, 1151, 1152 [Choctaw County – Choctaw Nation Reservation]
United States v. Tanner Dean Washington - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1152 [Pontotoc County - Chickasaw Nation Reservation]
United States v. Johnson Wisdom - Murder in Perpetration of Child Abuse in Indian Country – 18 U.S.C. §§ 1111(a), 1151 and 1153 [Pontotoc County – Chickasaw Nation Reservation]
Sexual Assault:
United States v. Dustin Dewayne Bristow – Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]
United States v. Eduardo Chapa – Aggravated Sexual Abuse in Indian Country – 18 U.S.C. § 2241(c), 2246(2)(A), 1151 & 1152 [Seminole County- Seminole Nation Reservation]
United States v. Wayne Robert Christman – Count 1: Aggravated Sexual Abuse in Indian County – 18 U.S.C. § 2241(c), 2246(2)(A), 1151 & 1153; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. § 2244(a)(5), 2246(3), 1151 & 1152; Count 3: Lewd and Indecent Acts to a Child Under 12 in Indian Country – 18 U.S.C. § 1151, 1152, 13 and 21 OK Stat. § 21-1123(A)(5)(f) [Pittsburg County – Choctaw Nation Reservation]
United States v. Shelley J. Duncan – Count 1: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(3), 2246(3), 1151 & 1153; Count 2: Lewd Acts with a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 1152, 13, 21 O.S. § 1123(A)(1); Count 3: Lewd Acts with a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 1152, 13, 21 O.S. § 1123(A)(3); Count 4: Lewd Acts with a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 115, 13, 21 O.S. § 1123(A)(4) [Johnston County – Chickasaw Nation Reservation]
United States v. David Leroy Earls – Count 1: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2246(2)(A), 1151 & 1153; Count 2: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2246(2)(C), 1151 & 1153; Count 3: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2246(2)(B), 1151 & 1153 [Pushmataha County – Choctaw Nation Reservation]
United States v. Edgar Rene Garcia-Limon (Superseding Indictment) – Count 1: Felon in Possession of Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1152; Count 3: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1152; Count 4: Illegal Reentry of Previously Removed Alien – 8 U.S.C. §§ 1326(a); [Okmulgee County- Muscogee (Creek) Nation Reservation]
United States v. Cutter Payne Hendricks – Abusive Sexual Contact in Indian Country – 18 U.S.C. § 2244(b), 2246(3), 1151 & 1152 [McCurtain County- Choctaw Nation Reservation]
United States v. Christopher William McKane – Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153; Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Bruce Lee Montes – Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1152 [Pittsburg County – Choctaw Nation Reservation]
United States v. Gordon Lee Myers, a/k/a Rick Lee Myers – Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153; Count
2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243, 2246(2)(A), 1151 & 1153 [Marshall County – Chickasaw Nation Reservation]United States v. Bryan Douglas Nicholson – Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. § 2241(c), 2246(2)(B), 1151 & 1153; Count 2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. § 2243(a), 2246(2)(B), 1151 & 1153 [McCurtain County – Choctaw Nation Reservation]
United States v. Roy Lee Roberts, Jr.– Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1153; Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]
United States v. Jimmy Ray Robinson – Count 1: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1153; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1153 [Choctaw County – Choctaw Nation Reservation]
United States v. Antonio Maurice Sambrano – Count 1: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2), 2246(2)(A), 1151 & 1152; Count 2: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2), 2246(2)(B); Count 3: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2), 2246(2)(C), 1151 & 1152 [Seminole County – Seminole Nation Reservation]
United States v. Bradley Alex Tilley – Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2242(2)(B), 2246(2)(a), 1151 & 1153 [Seminole County – Seminole Nation Reservation]
United States v. Tommy James Whitt – Count 1: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(A), 1151 & 1153; Count 2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(B), 1151 & 1153; Count 3: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153; Count 4: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153 [Seminole County – Seminole Nation Reservation]
Other violent crime in Indian Country:
United States v. Joses Ric-E Beck a/k/a Ricky – Count 1: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 1431; Count 2: Assault with a Dangerous Weapon with the Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 3: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Johnston County – Chickasaw Nation Reservation]
United States v. Mr Lee Benton, a/k/a Mister Lee Benton, a/k/a Lee Benton – Count 1: Involuntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112, 1151 & 1153; Count 2: Possession with Intent to Distribute Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B); Count 3: Possession of a Firearm in Furtherance of Drug Trafficking Crime – 18 U.S.C. § 924(c)(1)(A); Count 4: Felon in Possession of a Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); [Seminole County – Seminole Nation Reservation]
United States v. Kristen Breann Buckner, a/k/a Kristen Breann Talamassy – Assault with a Dangerous Weapon in Indian Country - 18 U.S.C. §§ 113(a)(3), 1151, & 1153 [Hughes County – Muscogee (Creek) Nation Reservation]
United States v. Jory L. Bullard – Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1152 & 21 Okla. Stat. § 843.5(A) [McCurtain County – Choctaw Nation Reservation]
United States v. Paula Amber Chisholm – Count 1: Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 843.5(A); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 843.5(C) [Pittsburg County – Choctaw Nation Reservation]
United States v. Mikkah Tramain Cosar – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151 & 1153; Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1152; Count 3: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 4: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii),(iii) [Seminole County – Seminole Nation Reservation]
United States v. Jeramey Dill – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 2: Use, Carry, and Discharge a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii) [Cherokee County – Cherokee Nation Reservation]
United States v. Joseph Brandon Ferris – Count 1: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1152 & 21 O.S. § 1431; Count 2: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151, and 1153; Count 3: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 and 1153; Count 4: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 and 1153 [Johnston County – Chickasaw Nation Reservation]
United States v. Richard Dakota Gore and Bronson Dalton Kent Gore – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151, 1153 & 2; Count 2: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii) & 2 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Trab Aahrron Hatton – Count 1: Attempted Murder in Indian Country – 18 U.S.C. §§ 1113, 1151, & 1153; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 3: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii) [Pontotoc County – Chickasaw Nation Reservation]
United States v. Rex Allen Hayes, Jr. – Involuntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112, 1151 & 1152 [McCurtain County – Choctaw Nation Reservation]
United States v. Jeffrey Dywane Holcomb – Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Pittsburg County- Choctaw Nation Reservation]
United States v. Autumn Elizabeth Grace Jackson, Sabrina Deanne Orr, and Dustin John Wood – Count 1: Attempted Murder in Indian Country- 18 U.S.C. §§ 1111(a), 1113, 1151 & 1153; Count 2: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151, 1153 & 2; Count 3: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 2, 1151, 1153 & 21 Okla. Stat. § 1431; Count 4: Maiming in Indian Country – 18 U.S.C. §§ 114, 1151 & 1153; Count 5: Assault with a Dangerous Weapon with Intent to do Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151, 1153 & 2; Count 6: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151, 1153 & 2; Count 7: Use, Carry, and Brandish of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. § 924(c)(1)(A)(i) & (ii) [Seminole County – Seminole Nation Reservation]
United States v. Dawane Armone King – Count 1; Child Abuse in Indian Country – 18 U.S.C. § 1151, 1153 & 21 Okla. Stat. § 843.5(A); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. 843.5(C) [Choctaw County – Choctaw Nation Reservation]
United States v. Dillon Wayne McClain – Arson of a Dwelling in Indian Country – 18 U.S.C. §§ 81, 1151, & 1153 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Billy James Menees and Ashley Dawn Marie Schardein – Count 1: Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1152, 2 & Okla. Stat. 83.5(A); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1152, 2 & Okla. Stat. 843.5(C) [Pittsburg County – Choctaw Nation Reservation]
United States v. Johnny Dale Morris – Assault with a Dangerous Weapon in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1152 [Sequoyah County – Cherokee Nation Reservation]
United States v. Abigail Perez and Dylan Tyler Neal – Count 1: Child Neglect in Indian Country – 18 U.S.C. §§ 2, 1151, 1153 & 21 Okla. Stat. 843.5(C); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 2, 1151, 1152 & 21 Okla. Stat. 843.5(C) [Pontotoc County – Chickasaw Nation Reservation]
United States v. Timmie Lee Runnels Jr – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151 & 1153; Count 2: Kidnapping in Indian Country – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 3: Felon in Possession of Ammunition – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Count 4: Use, Carry, and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(iii) [Pontotoc County – Chickasaw Nation Reservation/Coal County – Choctaw Nation Reservation]
United States v. Amber Rachelle Thurman – Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1153, & 21 Okla. Stat. 843.5(C) [Pontotoc County – Chickasaw Nation Reservation]
United States v. David Daniel Walker, a/k/a Boston – Count 1: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 1431; Count 2: Robbery in Indian Country – 18 U.S.C. §§ 1151, 1153, & 2111; Count 3: Assault with a Dangerous Weapon with the Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Jeremy Curtis Walker – Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1152 [Seminole County – Seminole Nation Reservation]
United States v. Dalton Ray Wallis – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151, 1153; Count 2: Use, Carry, and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. § 924(c)(1)(A)(i)(iii) [Adair County – Cherokee Nation Reservation]
United States v. Kevin Ray Ward and Anthony Juan Armenta – Count 1: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 2, 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii) & 2 [McCurtain County – Choctaw Nation Reservation]
United States v. Roberto Carlos Wesley – Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153 [McCurtain County – Choctaw Nation Reservation]
United States v. Oscar Levon Luke Junior Worcester – Assault with a Dangerous Weapon with Intent to do Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]
Non-Indian Country offenses:
United States v. Mr Lee Benton, a/k/a Mister Lee Benton, a/k/a Lee Benton – Possession with Intent to Distribute Methamphetamine [Seminole County]
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney’s Office and HHS-OIG Advise COVID-19 Vaccine Providers Not to Charge Individuals Seeking COVID-19 VaccinesRead the Press Release
SACRAMENTO, Calif. — SACRAMENTO, Calif. — Acting U.S. Attorney Phillip A. Talbert joins the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), and the California Department of Justice today to advise the public that they should not be asked to pay to receive the COVID-19 vaccine and warned COVID-19 vaccination providers not to seek payment from individual COVID-19 vaccine recipients.
COVID-19 vaccination providers participating in the U.S. Centers for Disease Control and Prevention (CDC) COVID-19 Vaccination Program are required to sign an agreement to receive and dispense vaccines. Among requirements in the agreement, providers must administer the vaccine regardless of the recipient’s ability to pay. While providers may seek appropriate reimbursement from a public or private program or plan that covers COVID-19 vaccine administration fees, providers may not seek any reimbursement from the vaccine recipient.
Noncompliance with the terms of the Provider Agreement, such as by billing vaccine recipients for the COVID-19 vaccine or denying an individual a vaccination because they are unable to pay any out-of-pocket fees, may result in the provider’s suspension or termination from the CDC COVID-19 Vaccination Program and potential criminal and civil penalties.
“Charging people to get the COVID-19 vaccine or denying people from getting the vaccine if they cannot pay is a risk to public health and safety, and disproportionately impacts at-risk communities and communities of limited means,” said Acting U.S. Attorney Talbert. “This violation of the terms and conditions of CDC’s vaccination program is also a potential violation of the civil False Claims Act and other civil and criminal statutes. Our office has sent multiple cease and desist letters to vaccine providers that they must immediately stop this practice. All vaccine providers must comply with the agreement, and I urge members of the public to report those providers who do not.”
“Providers participating in the CDC’s Vaccination Program must administer the COVID-19 vaccine at no cost to recipients. In addition, providers may not charge for office visits or require additional medical services to receive the vaccine,” said HHS-OIG Special Agent in Charge Steven J. Ryan. “While the nation continues to address the ongoing pandemic, it is imperative that providers adhere to the terms of the program so as to not dissuade individuals from obtaining the COVID-19 vaccine.”
“COVID-19 has taken a toll on every aspect of our lives, but we are finally turning a corner and must continue working together to get California back on track,” said California Attorney General Rob Bonta. “Vaccines are a key component of that plan. Unfortunately, some vaccine providers are choosing to charge for something that should be free to everyone in our community. Charging for a COVID-19 vaccination creates a barrier to low-income families, including communities who have been disproportionately impacted by the pandemic. Let me be clear: COVID-19 vaccines are available at no charge to all who qualify.”
If you know or suspect that any healthcare provider or pharmacy is improperly charging for the COVID-19 vaccine, please report to 1-800-MEDICARE (1-800-633-4227) or www.Medicare.Gov/Medicarecomplaintform
Two Defendants Alleged to have Shot a Man during an Attempted Carjacking Charged in Federal CourtRead the Press Release
Two men allegedly involved in an attempted carjacking that led to the shooting of the driver made initial appearances today in federal court, announced Acting U.S. Attorney Clint Johnson.
Hunter Isaiah Hobbs, 20, of Bixby, and Denim Lee Blount, 18, of Tulsa, were both charged by criminal complaint with attempted carjacking and carrying, using, brandishing, and discharging a firearm during and in relation to a crime of violence. U.S. Magistrate Judge Jodi F. Jayne set Hobbs’ detention hearing for Friday, May 21, at 11 am. Blount’s initial appearance will continue on Tuesday, May 18, at 2 pm.
“Hobbs and Blount are charged with attempting to carjack the victim, and when he refused to hand over his vehicle, they allegedly opened fire on him. Thankfully the victim survived and is recovering from his injuries,” said Acting U.S. Attorney Clint Johnson. “I appreciate the joint work of Assistant U.S. Attorney Leah Paisner, the FBI, Tulsa Police Department and U.S. Marshals Service which led to the apprehension and charging of these two defendants.”
On May 8, 2021, at 10:29 pm, two men later identified as Hobbs and Blount approached the victim who was attempting to hook up his vehicle and trailer. The victim stated that one of the defendants pointed a shotgun at him and the other pointed a rifle at him. According to court documents, the two ordered the victim to get out of his vehicle, and when the victim refused, both men shot him. The two then fled west in a dark colored SUV, leaving the victim and his vehicle behind. An investigator with the Tulsa Police Department estimated that the victim had been shot approximately 10 times.
The victim was transported to St. Francis Hospital for non-life threatening injuries. Surveillance cameras from a nearby apartment complex captured the alleged incident.
The FBI, Tulsa Police Department, and U.S. Marshals Service are the investigative agencies. Assistant U.S. Attorneys Christopher Nassar and Leah Paisner are prosecuting the case.
This case is being prosecuted as part of the 2150 Initiative. The initiative focuses law enforcement efforts on criminals who use guns during crimes, individuals who lie on firearms transaction forms, and straw purchasers who acquire firearms for prohibited persons. It was named in memory of Tulsa Police Sergeant Craig Johnson. Sgt. Johnson’s badge number, 2150, was selected for the initiative as a way to honor his life and his commitment to the Tulsa community. This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.
**This press release has been correct to show the correct date/year of the crime, May 8, 2021.
Three Correctional Officers Indicted and Arrested for Introducing Contraband into State PrisonRead the Press Release
SAN JUAN, Puerto Rico – On May 12, 2021, a federal grand jury returned a four-count indictment charging three Puerto Rico Department of Corrections officers and two other individuals with conspiracy to provide contraband in prison, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. The case was investigated by the FBI Police Corruption/Civil Rights squad that investigates corrupt domestic public officials as a part of a collaborative effort with the Puerto Rico Department of Corrections.
The indictment charges that from approximately June 2017 to March 2020, Puerto Rico correctional officers Jorge Rodríguez-Pagán, Luis Joel López-Luna, and Elvin O. Navedo-Colón, conspired together and with Shirley Figueroa and Magalys Ortega to provide prohibited objects, including cellular telephones and controlled substances, to inmates housed at the Bayamón 705 prison in Bayamón, Puerto Rico.
According to the allegations in the indictment, correctional officers Rodríguez-Pagán, López-Luna and Navedo-Colón smuggled prohibited items, including, synthetic marihuana, Suboxone, cigarettes as well as cellular telephones and chargers into Bayamón 705 in exchange for payment from co-conspirators Figueroa and Ortega, who were associated with inmates. The payments were made via ATH Móvil.
“Contraband cellphones and controlled substances in prisons pose a grave danger. We stand ready to assist the Puerto Rico Department of Corrections in their efforts to prevent inmates from using contraband cell phones, and other prohibited materials in prisons,” said U.S. Attorney Muldrow. “The corruption and criminal conduct shown by these correctional officers will not be tolerated, and we will prosecute these offenses to the fullest extent of the law.”
FBI San Juan Special Agent in Charge Rafael Riviere Vázquez said: “The public relies on Correctional Officers to maintain order and safety of the institutions they are sworn to protect. The men arrested today put this order and safety at risk by taking bribes in exchange for smuggling contraband to the inmates in their custody. The FBI is firmly committed to fighting corruption wherever it may take root – this includes the corridors of our correctional facilities. Special thanks to the FBI San Juan Police Corruption and Civil Rights Task Force, for their great work in this investigation and to our valued partners of the Puerto Rico Department of Corrections, who provided their full support and collaboration.”
If convicted, the defendants face up to five years in prison for the conspiracy to provide contraband in prison. Defendant López-Luna is also facing up to 20 years in prison for providing controlled substances in prison and the distribution of controlled substances as well as up to one year in prison for providing cellular telephones in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant United States Attorney Marie Christine Amy is in charge of the prosecution of the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
###
Texas man admits to role in drug distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Roderick Bradley, of Houston, Texas, has admitted to his role in methamphetamine, crack cocaine, fentanyl, and heroin drug distribution operation, Acting United States Attorney Randolph J. Bernard announced.
Bradley, age 31, pled guilty to one count of “Aiding and Abetting Distribution of Cocaine Base.” Bradley admitted to working with another to sell cocaine base, known as ‘crack,” in Monongalia County in June 2020.
Bradley faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Zelda E. Wesley and Sarah E. Wagner are prosecuting the case on behalf of the government. The FBI's Northern West Virginia Drug Task Force in partnership with the Mon Metro Drug Task Force, a HIDTA-funded initiative, investigated. The Task Forces have members from the Federal Bureau of Investigation; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; West Virginia State Police; Monongalia County Sheriff's Office; and, the Morgantown, WVU, Granville and Star City Police Departments. The investigation was also assisted by the following law enforcement partners: the Monongalia County Prosecutor’s Office, the FBI in Houston, Texas; the Houston Police Department's Multi Agency Gang Initiative; the United States Postal Inspection Service in Houston; and, the FBI and DEA in Los Angeles, California.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
U.S. Magistrate Judge Michael John Aloi presided.
Related case here: https://www.justice.gov/usao-ndwv/pr/25-people-indicted-drug-trafficking-operation-spanned-several-states
Texas Man Sentenced for Stalking, Kidnapping, Obstruction of Justice and Witness TamperingRead the Press Release
BOSTON – A Texas man was sentenced on Friday, May 14, 2021 in connection with kidnapping and stalking his then wife, and his subsequent efforts to prevent her testimony in federal court.
Sunil K. Akula, 32, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 56 months in prison and three years of supervised release. Akula will be subject to deportation to India upon completion of his sentence. In November 2020, Akula pleaded guilty to kidnapping, stalking, obstruction of justice and witness tampering.
On Aug. 6, 2019, Akula traveled from his home in Texas to Agawam, Mass. to confront his then wife, from whom he was living apart. Akular subsequently assaulted his wife and forced her to leave her apartment and get into a car with him, stating that he was taking her back to Texas.
Akula then drove his wife through multiple states, during which time he again assaulted her, forced her to send a resignation e-mail to her employer, and smashed her laptop and threw it on the side of the highway. Akula stopped at a Knox County, Tenn. hotel, where he again beat his wife. Akula later opened the door to leave the hotel room and was arrested by local law enforcement officers.
While Akula was held in custody, he made phone calls to family in India instructing them to contact his wife’s father to convince her to withdraw her statements to law enforcement.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Chicopee Interim Police Chief Lonny Dakin; Agawam Police Chief Eric Gillis; Knox County Sheriff Tom Spangler; and Plano (Texas) Police Chief Ed Drain made the announcement. Assistant U.S. Attorneys Deepika Bains Shukla, Chief of Mendell’s Springfield Branch Office, and Catherine G. Curley of Mendell’s Springfield Branch Office prosecuted the case.
Tennessee Man Pleads Guilty to Federal Hate CrimeRead the Press Release
Christopher Beckham, 35, of Nashville, Tennessee, pleaded guilty Friday in U.S. District Court to violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. Beckham was indicted in April 2018 after an investigation into an incident that occurred on Oct. 24, 2017.
“The defendant confronted two young girls who were walking home from school and violently attacked their father because of how they worship,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. “An attack upon the free exercise of any person’s religious beliefs is an attack on that person’s civil rights. The Department of Justice will continue to vigorously prosecute such violent acts motivated by hate.”
“The cowardly and unprovoked attack and display of hate-filled aggression by this defendant toward two innocent young girls and their father is despicable,” said Acting U.S. Attorney Mary Jane Stewart of the Middle District of Tennessee. “I commend the work of the FBI and our prosecutors in bringing this individual to justice.”
“Hate crimes are the highest priority of the FBI’s Civil Rights program due to the devastating impact they have on families and communities,” said Special Agent in Charge Douglas M. Korneski of the FBI Memphis Field Office. “The FBI is committed to protecting the civil rights of all people, and we will aggressively pursue those who commit criminal offenses based on bias.”
Beckham admitted that on Oct. 24, 2017, he saw two teenage girls wearing hijabs and yelled, “Allahu Akbar!” and “Go back to your country!” When the girls’ father arrived to pick up his daughters from the school bus stop to take them home, Beckham attacked the girls’ father by swinging a knife and punching at him. This attack injured the father. When the girls’ mother arrived on the scene with her young child in her car, Beckham, with his knife still drawn, chased after them. After the police took Beckham into custody at the scene, he called the family “terrorists,” made other derogatory comments about the family, and pledged to kill them when the police released him. Beckham further admitted that he carried out this assault because of the actual and perceived religion and national origin of the victims, namely that he perceived them to be Muslim and of a nationality other than American.
In September 2019, this case was tried by a jury in U.S. District Court. The trial ended in a hung jury.
Beckham will be sentenced on Oct. 7, 2021.
This case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Sara Beth Myers of the Middle District of Tennessee and Trial Attorney Michael Songer of the Civil Rights Division of the Department of Justice.
Six in Youngstown-Warren charged with Methamphetamine Drug Trafficking ConspiracyRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced today that a federal grand jury returned a 16-count indictment charging six individuals in the Youngstown-Warren area for their roles in a methamphetamine drug trafficking conspiracy.
Named in the indictment are Neil R. DYE, 36, currently incarcerated at Trumbull Correctional Institution; Jaclyn L. SZACHURY, 35, currently incarcerated at Ohio Reformatory for Women; Mary E. CLEARWATER, 39, of Warren, Ohio; Michael A. LEE, 29, currently incarcerated at Grafton Correctional Institute; Courtney P. WILSON, 30, of Youngstown, Ohio and Timothy M. LOWERY, 33 of Warren, Ohio.
According to the indictment, on or about July 8, 2019, and continuing to on or about December 3, 2020, the Defendants are accused of working together to distribute quantities of methamphetamine in communities throughout the Northern District of Ohio. As part of the conspiracy, it is alleged that defendants DYE and SZACHURY provided methamphetamine to CLEAWATWER for distribution. In turn, CLEAWATWER provided methamphetamine to LEE, WILSON and LOWERY, who then allegedly distributed the drugs to other buyers throughout the district.
On several occasions, the group is accused of selling methamphetamine to confidential FBI sources. In total, the group is accused of distributing at least 500 grams of methamphetamine.
In addition to the drug trafficking charges, Defendant LOWERY is also charged with possessing an unregistered firearm.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.
In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.
This case was investigated by the FBI, Mahoning Valley Violent Crimes Task Force, Trumbull Action Group Drug Task Force, Warren PD Street Crimes Unit, Ohio State Highway Patrol and the Summit County Drug Unit. This case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.
Shiprock man sentenced to seven years in prison for voluntary manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Patrick Yellowhair, 39, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on May 12 in federal court to seven and a half years in prison for voluntary manslaughter in Indian Country.
Yellowhair pleaded guilty to the offense on Feb. 15, 2019. According to the plea agreement, Yellowhair and the victim were drinking on the afternoon of Oct. 2, 2018, when they began fighting. The victim briefly left the home before returning later in the evening and the two resumed their quarreling. In the plea agreement, Yellowhair admitted to stabbing the victim in the neck and shoulder around midnight or in the early morning of Oct. 3. The killing occurred in San Juan County on the Navajo Nation.
Upon his release from prison, Yellowhair will be subject to three years of supervised release.
The Farmington Resident Office of the FBI investigated this case with assistance from Navajo Nation Police and the Navajo Nation Criminal Investigations unit. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Sandisfield Man Indicted on Federal Firearm OffensesRead the Press Release
BOSTON – A Sandisfield man was indicted by a federal grand jury last week in connection with receiving and possessing an unregistered firearm.
Brian Hohman, 57, was indicted on one count of receiving and possessing an unregistered firearm. Hohman was detained following an initial appearance in federal court in Springfield today. A detention hearing has not yet been scheduled.
According to the indictment, on Sept. 23, 2020, Hohman was in possession of a Harrington & Richardson Arms shotgun which had a barrel length of less than 18 inches and was not registered to Hohman in the National Firearms Registration and Transfer Record.
The charge of receipt and possession of an unregistered firearm provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000.
Acting United States Attorney Nathaniel R. Mendell and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement. The Massachusetts State Police also assisted in the investigation. Assistant U.S. Attorney Catherine G. Curley of Mendell’s Springfield Branch Office is prosecuting the case.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Putnam County Convicted Sex Offender Pleads Guilty to Possessing Images Depicting Child Sexual Abuse on His Cell PhoneRead the Press Release
Jacksonville, Florida – Jasen Michael Anderson (29, Crescent City) has pleaded guilty to possessing images depicting the sexual abuse of children on his cell phone. He faces a minimum mandatory penalty of 10 years, and up to 20 years, in federal prison, a $250,000 fine, and a potential life term of supervised release.
According to court documents, on May 3, 2012, Anderson was convicted on federal charges for distributing and possessing child exploitation materials. After serving a seven-year prison sentence, Anderson was released and began serving a 10-year term of supervised release under the supervision of the United States Probation Office. During this period, Anderson was prohibited from using any computer device to access the internet without written approval of his probation officer, and was subject to any search by the Probation Office based on reasonable suspicion of evidence of a violation of any supervised release condition.
During an interview on March 16, 2020, Anderson admitted to his probation officer that he had accessed the internet using a cell phone and had searched for images of children on a particular Russian website. The probation officer then confiscated Anderson’s cell phone. During an initial manual examination of this device, no evidence of contraband images was discovered.
In May 2020, Anderson met with his probation officer and admitted that he had accessed child sex abuse images over the internet using a second cell phone. This second phone was also seized by the probation officer. Anderson was subsequently arrested at his home by the United States Marshals Service based on violations of the terms of his supervised release. Forensic examination of his cell phones revealed that one of the devices contained 110 images depicting young children, including some as young as six years old, being sexually abused.
This case was investigated by the United States Probation Office in Ocala and Tampa, the United States Marshals Service, and Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Northridge Man Sentenced to 33 Months in Prison for Sales of Black Market Drugs to Unsuspecting Prescription Drug CustomersRead the Press Release
SAN FRANCISCO – Hakob Kojoyan was sentenced today in United States District Court to 33 months in prison and ordered to forfeit his Palm Springs house for participating in a scheme involving the unlicensed wholesale distribution of prescription drugs, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair. The sentence was handed down by the Honorable Richard Seeborg, United States District Judge.
Kojoyan, 29, of Northridge, California, admitted that he engaged in a scheme from February 2017 to April 2018 to distribute illegally obtained prescription drugs to unsuspecting purchasers. In his plea agreement, Kojoyan stated that he and his associates used a Pennsylvania company, Mainspring Distribution LLC (Mainspring), to pose as legitimate prescription drug wholesalers. They then obtained prescription drugs from unlicensed, black market sources in California. They sold the drugs through Mainspring to unknowing wholesale customers, falsely representing that the drugs were legitimately sourced from licensed suppliers. Kojoyan and his co-defendants avoided dealing in generic drugs and instead specialized in expensive name-brand prescription drugs used to treat HIV, such as Atripla. Kojoyan himself also supplied prescription drugs for such resale, though he had no license to do so.
In a memo filed for the sentencing, the government pointed out that to combat prescription drug fraud, Congress mandated prescription drug wholesalers provide their customers with detailed information about the drugs they sell, including a transaction history tracing the drugs back to their licensed manufacturer. The government asserted Kojoyan and his co-conspirators knew about these federal regulations designed to protect vulnerable patients, and they worked diligently to evade them. They stole the identity of a licensed prescription drug company supplier in California and prepared paperwork falsely suggesting their drugs came from that supplier. The government described how they further mimicked the appearance of a legitimate supply chain by opening bank accounts in names misleadingly similar to the licensed supplier and routing the proceeds of their fraudulent sales through the accounts.
The government further asserted that bank accounts under the control of Kojoyan received approximately $2.2 million from Mainspring-associated accounts, much of which was laundered and distributed to co-conspirators. Kojoyan’s earnings were invested into a house in Palm Springs, which the Court ordered forfeited to the government.
The government filed a superseding information on July 6, 2020, charging Kojoyan with unlicensed wholesale distribution of prescription drugs, in violation of 21 U.S.C. §§ 331(t), 333(b)(1)(D), 353(e)(1). On July 15, 2020, Kojoyan entered a guilty plea to the charge.
In addition to sentencing Kojoyan to a prison term of 33 months and ordering the forfeiture of his Palm Springs house, U.S. District Judge Richard Seeborg also sentenced Kojoyan to a three-year period of supervised release to follow his prison term. The defendant remains out of custody on bond and was ordered to surrender to begin his sentence on June 2, 2021.
This case is being prosecuted by the Corporate Fraud Strike Force of the United States Attorney’s Office. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
North Texas Woman Sentenced for Tax EvasionRead the Press Release
PLANO, Texas – A Fannin County, Texas, woman has been sentenced to federal prison for tax evasion in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Chelsea Jolynn Tucker, 45, pleaded guilty to tax evasion on Nov. 4, 2020, and was sentenced to 14 months and 23 days in federal prison today by U.S. District Judge Sean D. Jordan today. Tucker was also ordered to pay restitution in the amount of $779,664.00.
“Tax-related offenses often go hand-in-hand with other financial crimes, because the perpetrator needs to conceal their ill-gotten gains from government scrutiny,” said Acting U.S. Attorney Nicholas J. Ganjei. “Today’s sentence and restitution award will help to make the American taxpayer whole.”
According to public court records, from approximately 1997 to 2016, Tucker was employed by a staffing and contract services company located in Addison, Texas. In her role with the company, Tucker had various financial responsibilities, including administering payroll, preparing W-2 Forms, making employment tax deposits, paying business expenses, and monitoring the company’s tax obligations using QuickBooks and TaxGuard.
Between approximately 2012 and 2017, Tucker knowingly and willfully misappropriated and embezzled funds from the company by paying herself as both an employee and a vendor, issuing herself unauthorized bonuses and fraudulent expense reimbursements, using a corporate credit card for personal purchases, and using company funds to pay personal credit cards.
Tucker also willfully attempted to evade her income tax obligations by preparing false and fraudulent W-2 Forms, which substantially underreported the income owed to the Internal Revenue Service. In addition, Tucker failed to pay the company’s employment taxes, which she had a duty to both truthfully account for and pay. As a result of Tucker’s criminal conduct, the amount still owed to the Internal Revenue Service totals approximately $779,664.
This case was investigated by the Internal Revenue Service-Criminal Investigation and prosecuted by Assistant U.S. Attorneys in the Plano office.
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Ninth St. Croix Woman Pleads Guilty in Multi-Defendant Tax Fraud SchemeRead the Press Release
St. Croix, USVI – United States Attorney Gretchen C.F. Shappert announced on Friday that Nicolette Alexander, age 29, from the Virgin Islands pled guilty in federal court today to Conspiracy to Defraud the United States.
According to court documents, from January 2011 to July 2012, Nicolette Alexander and others participated in a scheme to steal money from the United States treasury by fraudulently obtaining federal income tax refunds. The scheme involved the acquisition of personal identifying information of individuals (i.e. name, social security number, and date of birth) used to electronically file falsified tax returns with a designation of refunds to the acquired bank accounts or debit cards. Defendant and her co-conspirators withdrew the deposited refunds. They subsequently spent the funds using a debit card or transferred the funds to other accounts, all for personal use. As a result of the scheme, approximately $17,537 of falsely-claimed returns were deposited into Alexander’s bank account.
Of ten defendants charged in the tax fraud scheme, Alexander is the ninth to plead guilty. Eight others have entered guilty pleas, four of whom have been sentenced in federal court by District Court Chief Judge Wilma Lewis. The remaining defendant is scheduled for trial on June 7, 2021. A sentencing date for Alexander is to be scheduled, and she faces a maximum sentence of ten years, up to a $250,000.00 fine, and the payment of restitution.
The prosecution of this fraud scheme is the result of years of investigative work by the Internal Revenue Service-Criminal Investigations, which identified and dismantled a massive stolen identity refund fraud scheme perpetrated in the Virgin Islands and elsewhere.
The case was investigated by the Internal Revenue Service, Criminal Investigations, and is being prosecuted by Assistant U.S. Attorney Melissa Ortiz.
Nigerian citizen charged with defrauding Washington State Employment Security Department of over $350,000Read the Press Release
Seattle – A Nigerian citizen was arrested Friday evening at JFK Airport in New York on a criminal complaint charging him with wire fraud for his scheme to steal over $350,000 in unemployment benefits from the Washington State Employment Security Department, announced Acting U.S. Attorney Tessa M. Gorman. Abidemi Rufai, aka Sandy Tang, 42, of Lekki, Nigeria, made his initial appearance Saturday May 15, 2021 in New York. He is scheduled for a detention hearing Wednesday.
“Since the first fraud reports to our office in April 2020, we have worked diligently with a federal law enforcement team to track down the criminals who stole funds designated for pandemic relief,” said Acting U.S. Attorney Gorman. “This is the first, but will not be the last, significant arrest in our ongoing investigation of ESD fraud.”
The criminal complaint alleges that Rufai used the stolen identities of more than 100 Washington residents to file fraudulent claims with ESD for pandemic-related unemployment benefits. Rufai also filed fraudulent unemployment claims with Hawaii, Wyoming, Massachusetts, Montana, New York, and Pennsylvania. Rufai used variations of a single e-mail address in a manner intended to evade automatic detection by fraud systems. By using this practice, Rufai made it appear that each claim was connected with a different email account.
Rufai caused the fraud proceeds to be paid out to online payment accounts such as ‘Green Dot’ accounts, or wired to bank accounts controlled by “money mules.” Some of the proceeds were then mailed to the Jamaica, New York address of Rufai’s relative. Law enforcement determined more than $288,000 was deposited into an American bank account controlled by Rufai between March and August 2020.
“Greed is a powerful motivator. Unfortunately, the greed alleged to this defendant affects all taxpayers,” said Donald Voiret, Special Agent in Charge FBI Seattle. “The FBI and our partners will not stand idly by while individuals attempt to defraud programs meant to assist American workers and families suffering the consequences of the Covid-19 pandemic.”
Wire fraud is punishable by up to thirty years in prison when it relates to benefits paid in connection with a presidentially-declared disaster or emergency, such as the COVID-19 pandemic.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the FBI, with assistance from the Department of Labor Office of Inspector General (DOL-OIG). The fraud on ESD is being investigated cooperatively by the FBI, DOL-OIG, Social Security Office of Inspector General, U.S. Secret Service, the United States Postal Inspection Service, and the Internal Revenue Service Criminal Investigations. The Washington Employment Security Department is cooperating in the investigation.
The cases are being prosecuted by Assistant United States Attorneys Seth Wilkinson, Cindy Chang, and Benjamin Diggs of the Western District of Washington, and Trial Attorney Jane Lee of DOJ’s Cyber Crime and Intellectual Property Section (CCIPS).
Nevada Man Pleads Guilty to Election Fundraising Scam and Cheating Taxpayers Out of Paycheck Protection Loan FundsRead the Press Release
WASHINGTON – James Kyle Bell, 44, of Las Vegas, Nevada, entered a guilty plea today to one count of wire fraud in federal court in the District of Columbia.
As he admitted in entering his guilty plea, Bell created two political action committees (PACs) which operated during the 2020 election cycle: the Keep America Great Committee (“KAGC”) , which purportedly supported the re-election of Donald Trump, and the Best Days Lie Ahead Committee (“BDLAC”), which purportedly supported the candidacy of Joe Biden. Both PACs registered with the Federal Election Commission (“FEC”) as Section 527 independent expenditure-only committees. Such committees are often referred to as “527 Groups” or “Super PACs.”
Between January 2020 and October 2020, Bell’s PACs sent solicitations nationwide to more than 40,000 recipients. The solicitations promised that individual donations would be “5x matched” by Bell’s PACs. The solicitations also replicated the look and feel of marketing materials used by the presidential campaigns including official logos and slogans. Bell also set up websites to solicit donations with names like “keepamericagreatcommittee.com,” “trump2020maga.com,” and “bestdayslieaheadcommittee.com.” KAGC and BDLAC received no less than $346,000 in contributions from individuals and other groups during the months before the 2020 election. However, none of the individual donations was ever “5x matched” by Bell or anyone else. And Bell made a series of false filings with the FEC in which Bell claimed that his PACs had made expenditures in support of both presidential campaigns.
Court documents also reflect that during the same time period, Bell applied for more than $1.6 million in loans from the Small Business Administration’s Paycheck Protection Program (“PPP”) on behalf of five shell companies that Bell owned and controlled. For example, one of Bell’s companies named “Echo Three LLC,” a company registered in Nevada with no employees and no payroll, received a PPP loan of $485,000 based on Bell’s false statements to the government that the company had 83 employees working at Bell’s private residence. In another instance, Bell obtained a PPP loan in the amount of $492,000 for a company he owned and controlled named “Myson Rules LLC” which had no employees, no payroll, no business operations, and no active business license in the State of Nevada. Bell submitted fabricated tax documents and other company records in support of all five PPP loan applications.
Bell diverted almost all of the funds from PAC donors and the taxpayer-supported PPP loans to bank accounts where they could be used for Bell’s personal benefit, commingling the proceeds of the fraud and further violating federal campaign finance laws with exacting record keeping for PACs. According to court papers, the government has located and seized $519,000 of Bell’s criminal proceeds. Bell’s plea agreement requires that Bell make full restitution to his victims and agree to the entry of a money judgement of $862,000 against him.
“The First Amendment protects everyone’s right to express and promote their viewpoints by giving to political committees,” said Acting U.S. Attorney Channing D. Phillips. “My Office and the Justice Department are committed to protecting this important right—citizens are entitled to have confidence that their political contributions will be spent to support the candidates and causes for which they are intended.” Phillips continued, “We are equally committed to protecting from fraud the Paycheck Protection Program and other government programs aimed at easing the crippling economic effects of the pandemic. Today’s guilty plea sends a clear message that my Office and the Justice Department will not tolerate fraudsters who line their pockets by exploiting the political goodwill of our citizens or the benefits afforded under government programs.”
"Bell admitted to creating two political action committees that purported to support two different candidates, but instead he used the donations he received for his own personal use,” said James A. Dawson, Special Agent in Charge of the FBI’s Washington Field Office, Criminal Division. “Not only did Bell defraud donors, but he also defrauded the Small Business Administration’s Paycheck Protection Program, designed to help Americans during the pandemic, and used those funds to line his own pockets and private political accounts. The FBI is committed to investigating those who attempt to defraud the American public and government programs.”
Bell pleaded guilty before United States District Judge John D. Bates to one count of wire fraud. The maximum sentence for that offense is twenty years of incarceration and a fine of not more than $250,000 or twice the pecuniary gain or loss from the offense. Sentencing in the case is scheduled for October 8.
This matter is being investigated by the Washington Field Office of the Federal Bureau of Investigation and the U.S. Small Business Administration, Office of the Inspector General. Assistant United States Attorneys John W. Borchert of the Fraud Section and Elizabeth Aloi of the Public Corruption and Civil Rights Section are prosecuting the case.
Nashville Man Pleads Guilty to Federal Hate CrimeRead the Press Release
NASHVILLE – Christopher Beckham, 35, of Nashville, Tennessee, pleaded guilty Friday in U.S. District Court to violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. Beckham was indicted in April 2018 after an investigation into an incident that occurred on October 24, 2017.
“The cowardly and unprovoked attack and display of hate-filled aggression by this defendant toward two innocent young girls and their father is despicable,” said Acting U.S. Attorney Mary Jane Stewart. “I commend the work of the FBI and our prosecutors in bringing this individual to justice.”
“The defendant confronted two young girls who were walking home from school and violently attacked their father because of how they worship,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. “An attack upon the free exercise of any person’s religious beliefs is an attack on that person’s civil rights. The Department of Justice will continue to vigorously prosecute such violent acts motivated by hate.”
“Hate crimes are the highest priority of the FBI’s Civil Rights program due to the devastating impact they have on families and communities,” said Douglas M. Korneski, Special Agent in Charge of the Memphis Field Office of the Federal Bureau of Investigation. “The FBI is committed to protecting the civil rights of all people, and we will aggressively pursue those who commit criminal offenses based on bias.”
Beckham admitted that on October 24, 2017, he saw two teenage girls wearing hijabs and yelled, “Allahu Akbar!” and “Go back to your country!” When the girls’ father arrived to pick up his daughters from the school bus stop to take them home, Beckham attacked the girls’ father by swinging a knife and punching at him. This attack injured the father. When the girls’ mother arrived on the scene with her young child in her car, Beckham, with his knife still drawn, chased after them. After the police took Beckham into custody at the scene, he called the family “terrorists,” made other derogatory comments about the family, and pledged to kill them when the police released him. Beckham further admitted that he carried out this assault because of the actual and perceived religion and national origin of the victims, namely that he perceived them to be Muslim and of a nationality other than American.
In September 2019, this case was tried by a jury in U.S. District Court. The trial ended in a hung jury.
Beckham will be sentenced on October 7, 2021.
This case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Sara Beth Myers of the Middle District of Tennessee and Trial Attorney Michael Songer of the Civil Rights Division of the Department of Justice.
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Mexican citizen charged with using disabled veteran’s Social Security number for benefitsRead the Press Release
CINCINNATI – A Mexican citizen was arrested in Warren County this morning on federal charges claiming he stole the identity of a disabled United States veteran.
Fernando Arroyo-Alonso, 58, appeared in federal court this afternoon. He is charged by criminal complaint with false representation of a Social Security number.
According to court documents, in May 2019, Arroyo-Alonso submitted an online application for Title XVI Supplemental Security Income benefits using the identity of a disabled veteran who also receives Title XVI Supplemental Security Income and Veterans Affairs benefits.
The defendant allegedly used the victim’s identity, date of birth and Social Security number to obtain an Ohio driver’s license in the victim’s name. In actuality, the victim does not reside in Ohio.
Arroyo-Alonso allegedly obtained a criminal record while using the victim’s identity.
Using another person’s Social Security number is a federal crime punishable by up to five years in prison.
Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio, and Andrew Boockmeier, Special Agent in Charge, Social Security Administration, Office of Inspector General (SSA-OIG), announced the charges. The U.S. Marshals Service, U.S. Secret Service, Homeland Security Investigations (HSI), the Ohio BMV and the Hamilton Township Police assisted with this investigation. Special Assistant United States Attorney Timothy Landry is representing the United States in this case.
A criminal complaint is merely an allegation, and all defendants are presumed innocent unless proven guilty in a court of law.
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Massachusetts Man Sentenced to 30 Months for Fentanyl TraffickingRead the Press Release
CONCORD - Joel Espinosa, 22, of Lawrence, Massachusetts was sentenced to 30 months in federal prison for distribution of fentanyl, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, a cooperating individual and an undercover agent purchased nearly 80 grams of fentanyl from Espinosa and another man during two separate transactions in 2019. One transaction occurred in Manchester and the other took place in Methuen, Massachusetts.
Espinosa previously pleaded guilty on December 2, 2020.
“Fentanyl traffickers seek to profit from selling a deadly substance in our communities,” said Acting U.S. Attorney Farley. “Each day, we are working closely with our law enforcement partners to identify and prosecute the dealers who sell this dangerous drug in the Granite State. As this defendant has learned, drug dealers who come to New Hampshire to sell fentanyl will find themselves in federal prison.”
“Fentanyl is causing great damage to our communities,” said DEA Special Agent in Charge Brian D. Boyle. “DEA will continue to use every resource available to identify traffickers, like Mr. Espinosa, who distribute this poison to the citizens of New Hampshire. Today’s sentence not only holds Mr. Espinosa accountable for his crimes but serves as a warning to those who are fueling the opioid epidemic.”
This matter was investigated by the Drug Enforcement Administration with assistance from the Massachusetts State Police, New Hampshire State Police, and Manchester Police Department. The case was prosecuted by Assistant U.S. Attorney John S. Davis.
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Methamphetamine Distributors Sentenced After Using Usps to Ship Drugs to WyomingRead the Press Release
Acting United States Attorney Bob Murray announced today that the United States District Court for the District of Wyoming has sentenced four defendants charged in a drug distribution case. ANGEL DE JESUS DUARTE-TOLEDO, age 34 of Yuma, Arizona; LOUIZ SERBANDO PENA-HERMOSILLO, age 35 of Casper, Wyoming; ASHLEY NICHOLE BULLOCK, age 35 of Gillette, Wyoming; and SHEILA ANN ROHOVIE, age 33 of Dubois, Wyoming, were all convicted and sentenced related to their involvement in a conspiracy to distribute methamphetamine.
Around April 2020, the United States Postal Inspection Service (USPIS), in collaboration with the Wyoming Division of Criminal Investigation (DCI), began investigating a drug distribution ring engaged in the distribution of methamphetamine in Wyoming. The investigation began when DCI notified USPIS that its agents believed individuals in Wyoming were using the postal service to mail methamphetamine. Acting on DCI’s information, USPIS recovered a package containing about 424 grams of methamphetamine. Investigators determined that Angel De Jesus Duarte-Toledo was mailing methamphetamine from Arizona to Wyoming for further distribution. After co-conspirators in Wyoming received the packages, the methamphetamine was then distributed throughout the Gillette and Glenrock communities.
The United States Attorney’s Office for the District of Wyoming prosecuted four individuals involved in the scheme, including: Duarte-Toledo, sentenced to 121 months imprisonment; Pena-Hermosillio, sentenced to 145 months imprisonment; Bullock, sentenced to 77 months imprisonment; and Rohovie, sentenced to 120 months imprisonment.
“As this case demonstrates, bolden methamphetamine traffickers are using every possible method to sell this poisonous drug to the people of Wyoming. In order to stop this dangerous and illegal trade, we will closely coordinate with all of our law enforcement partners, including the USPIS to identify, arrest, prosecute, and incarcerate those responsible,” said Acting United States Attorney, Bob Murray.
This crime was investigated by United States Postal Inspection Service and the Wyoming Division of Criminal Investigation. It was prosecuted by Assistant United States Attorney Jonathan Coppom.
Kittery Man Sentenced on Federal Interstate Domestic Violence ChargesRead the Press Release
PORTLAND, Maine—A Kittery man was sentenced today in federal court for two counts of traveling interstate to violate a protection order, Acting U.S. Attorney Donald E. Clark announced.
U.S. District Judge George Z. Singal sentenced Nelson Dion, 54, to 31 months in prison and three years of supervised release. Dion entered a conditional plea of guilty on August 31, 2020. The plea authorizes him to appeal a legal issue to the U.S. Court of Appeals for the First Circuit in Boston. Dion will remain supervised on home incarceration in the interim.
According to court documents, in April 2016, Dion, who resided in Maine, was arrested for felony aggravated assault involving his former live-in girlfriend, who was by then living in a domestic violence shelter in Portsmouth, New Hampshire. A few days later, Dion was released on bail and was subject to a protection order that prohibited his contact with his former girlfriend.
Between April and June 2016, Dion traveled from Maine to New Hampshire, and then from New Hampshire to Maine, to have contact with the girlfriend in violation of the protection order. On June 30, 2016, the girlfriend jumped from the Piscataqua River bridge on Interstate 95 and died the next day.
The Kittery, Berwick, and Eliot, Maine Police Departments; the York County District Attorney’s Office; the Portsmouth, New Hampshire Police Department; and the FBI investigated the case. It was prosecuted as part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.
Kevin Love Hubbard Sworn-In as Assistant U.S. AttorneyRead the Press Release
PROVIDENCE, R.I. – Acting United States Attorney Richard B. Myrus today announced the appointment and swearing-in of Kevin Love Hubbard as an Assistant United States Attorney in the District of Rhode Island. Mr. Hubbard has been assigned to the Civil Division of the United States Attorney’s Office.
A native of Ft. Collins, Colorado, Mr. Hubbard graduated in 2007 from the Pennsylvania State University. Mr. Hubbard earned his Juris Doctor at Yale Law School in 2012. While attending Yale Law School, Mr. Hubbard was Chair of the Iraqi Refugee Assistance Project.
Prior to joining the United States Attorney’s Office, Mr. Hubbard was a partner at Medina Orthwein in Boston, MA, and Oakland, CA, serving as lead counsel in employment discrimination, whistle blower, and constitutional civil rights matters.
Prior to joining Medina Orthwein, Mr. Hubbard was an associate at Morrison & Foerster and at Sanford Heisler Sharp in San Francisco, CA. Earlier in his career, Mr. Hubbard clerked for Judge Neil Wake in the United States District Court for the District of Arizona.
In welcoming Mr. Hubbard to the Office, Acting United States Attorney Myrus said, “We’re thrilled that Kevin is joining our team. He is a seasoned litigator with great skills and extensive experience in complex civil litigation. He will be an excellent addition to the Office.”
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Justice Department Settles Discrimination Claim Against Aerojet Rocketdyne, Inc.Read the Press Release
The Department of Justice today announced that it reached a settlement with Aerojet Rocketdyne Inc. (Aerojet Rocketdyne), a rocket and missile propulsion manufacturer.
The settlement resolves a charge brought by a lawful permanent resident whom Aerojet Rocketdyne did not consider for a mechanic position because of his immigration status. The department’s investigation concluded that Aerojet Rocketdyne violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it only considered U.S. citizens for 12 mechanic positions in Jupiter, Florida, without legal justification.
“Employers cannot limit positions only to U.S. citizens unless they have a legal requirement to do so,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department's Civil Rights Division. “The department commends Aerojet Rocketdyne for quickly changing its practices when it learned of the issue, and for its cooperation throughout the department’s investigation.”
Aerojet Rocketdyne builds and sells advanced propulsion and energetics systems to customers including the U.S. government and private companies. The department’s investigation determined that Aerojet Rocketdyne did not allow the Charging Party and other non-U.S. citizens to apply for 12 mechanic positions, based on their citizenship status. The investigation also concluded that the company misunderstood its obligations under federal regulations, such as the International Traffic in Arms Regulations (ITAR), by mistakenly believing that they imposed restrictions on the company’s ability to hire non-U.S. citizens, which they do not. The investigation also determined that the company incorrectly believed that some of its government contracts required it to fill the 12 mechanic positions with U.S. citizens. When it learned of the investigation, Aerojet Rocketdyne was forthcoming and quickly changed its practices to avoid future discrimination.
The INA protects U.S. citizens, non-citizen nationals, refugees, asylees, and recent lawful permanent residents from hiring discrimination based on citizenship status. The law has an exception if an employer or recruiter is required to limit jobs due to a law, regulation, executive order, or government contract.
Today’s settlement agreement requires Aerojet Rocketdyne to take several steps to ensure it follows the law, including training its employees who conduct hiring in its Jupiter, Florida location. The company also must pay a $37,008 civil penalty. As with its other settlements, the department will monitor the company to make sure it is complying with the agreement.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing discrimination protections under the INA. The law prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation. Learn more about citizenship status discrimination under the INA here.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public also may contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Huntington Man Pleads Guilty to Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Tyson Davis, Sr., 42, of Huntington pleaded guilty today to possession of a firearm in furtherance of a drug trafficking crime.
According to court documents, on April 17, 2019, law enforcement officers executed a search warrant at a 9th Avenue residence in Huntington and found Davis seated on the couch. Officers recovered a loaded Glock 23 .40 caliber pistol from under a cushion on the couch. Officers also located distribution amounts of a heroin and fentanyl mixture and methamphetamine. Later in a Mirandized interview, Davis admitted to possessing the firearm.
Davis faces a minimum mandatory five years in prison when sentenced on August 16, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement. Assistant United States Attorneys Ryan A. Keefe and R. Gregory McVey are handling the prosecution.
The Huntington Violent Crime Drug Task Force and the Huntington Police Department conducted the investigation.
United States District Judge Robert C. Chambers presided over the hearing.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-0140.
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Huntington Felon Pleads Guilty to Possessing FirearmRead the Press Release
HUNTINGTON, W.Va. - Aubrey Gardner, 28, of Huntington pleaded guilty today to being a felon in possession of a firearm.
According to court documents, on February 8, 2021, Gardner was a passenger in a vehicle that officers with the Huntington Police Department pulled over in the 2800 block of 8th Avenue. The officers found a firearm in the waistband of Gardner’s pants. Gardner was prohibited from possessing a firearm under federal law because of a 2018 federal conviction in the Southern District of West Virginia for possession with intent to distribute a quantity of heroin.
Gardner faces up to 10 years in prison when he is sentenced on August 16, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement. Assistant United States Attorney Stephanie S. Taylor is handling the prosecution.
The Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers presided over the plea hearing.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-00049.
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Guilty Plea in First-In-The-Nation Cares Act fraud CaseRead the Press Release
PROVIDENCE - A Massachusetts man who faked suicide shortly after he and a co-defendant became the first in the nation to be charged with fraudulently seeking hundreds of thousands of dollars in forgivable pandemic relief small business loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, pleaded guilty today to conspiring to commit bank fraud and failure to appear in court.
The CARES Act Paycheck Protection Program (PPP) allowed qualifying small businesses to receive forgivable or low interest loans to meet payroll costs and mortgage, rent, and utility payments.
David Adler Staveley, a/k/a Kurt David Sanborn, a/k/a David Sanborn, 54, of Andover, MA, admitted he conspired with David Andrew Butziger, 53, of Warwick, RI, to file four fraudulent PPP loan applications with a Rhode Island bank, falsely claiming they owned businesses with large monthly payrolls when, in fact, they did not own the businesses. Staveley admitted that he and Sanborn filed fraudulent loan applications seeking $185,570 to pay employees at Top of the Bay restaurant in Warwick, RI; $144,050 at Remington House Inn restaurant in Warwick, RI; $108, 777 at On The Trax restaurant in Berlin, MA; and $105,381 for employees at Dock Wireless, an unincorporated business.
Remington House Inn and On The Trax were closed at the time the loan applications were submitted, and remain closed; Staveley has no ownership interest in Top of the Bay; and Dock Wireless had no employees and no wages were ever paid by the business.
In May 2020, Staveley and Butziger became the first individuals in the nation charged with defrauding the CARES Act Paycheck Protection Program. Three weeks after appearing in federal court and being released to home detention with electronic monitoring, Staveley removed his electronic monitoring device and fled. Staveley staged his suicide by, among other things, leaving suicide notes with associates and in his car, which was located by the ocean in Massachusetts, unlocked and with his wallet inside. Law enforcement determined that between May 26 and July 23, 2020, Staveley, who was to have appeared in federal court on June 2, 2020, traveled to various states using false identities and stolen license plates. He was apprehended by the United States Marshals Service in Alpharetta, GA., on July 23, 2020.
Appearing today before U.S. District Court Judge Mary S. McElroy, Staveley pleaded guilty to conspiracy to commit bank fraud and failure to appear in court as required, announced Acting United States Attorney Richard B. Myrus. Staveley is scheduled to be sentenced on August 2, 2021.
Butziger pleaded guilty on September 18, 2020, to conspiracy to commit bank fraud. He is scheduled to be sentenced on June 23, 2021.
The cases are being prosecuted by Assistant U.S. Attorney Lee H. Vilker.
The matter was investigated by the Federal Bureau of Investigation and Internal Revenue Service Criminal Investigation.
The Justice Department acknowledges and thanks the SBA Office of Inspector General and the FDIC, Office of Inspector General for their assistance in the investigation.
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Grant County man admits to fentanyl chargeRead the Press Release
LKINS, WEST VIRGINIA – Kevin Wayne Fultz, of Maysville, West Virginia, has admitted to his role in a methamphetamine and fentanyl distribution operation, Acting U.S. Attorney Randolph J. Bernard announced.
Fultz, 32, pled guilty today to one count of “Aiding and Abetting Possession with Intent to Distribute of Fentanyl.” Fultz admitted to having fentanyl in Grant County in January 2020.
Fultz is facing up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Fresno Man Pleads Guilty to Interstate Marijuana ShipmentsRead the Press Release
FRESNO, Calif. — Elias Zambrano Jr., 41, of Fresno, pleaded guilty today to conspiring to distribute and possess with intent to distribute marijuana that was shipped from Fresno to Kansas City, Missouri, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, in November 2018, Zambrano’s co-defendants coordinated the shipment of nearly 500 pounds of marijuana to Kansas City. The first shipment was seized from Halen Frazier, of Kingsville, Missouri, during a traffic stop after Tien Van Phan, of Milpitas, delivered 92 pounds of marijuana to him in two suitcases at a hotel in Kansas City.
According to the plea agreement, Zambrano helped Patrick Maldonado, of Madera, to pack 384 pounds of marijuana for a second shipment that was placed in a hidden compartment in a trailer. David Agustus McGowan, of Kansas City, drove the truck that towed the trailer. That load was intercepted by Arizona troopers after stopping McGowan for a broken tail light on his truck. In addition to the marijuana, $1,629 in cash was seized.
Following these seizures, agents executed a search warrant at Zambrano’s residence in Fresno and found two loaded firearms, packaged bags of processed marijuana, and a money counter. As part of the plea agreement, Zambrano will forfeit the firearms, ammunition and magazines seized during the search.
This case is the product of an investigation by the Central Valley High Intensity Drug Trafficking Area Task Force consisting of agents from the Drug Enforcement Administration; Homeland Security Investigations; the Federal Bureau of Investigation; the Sheriff’s Offices of Tulare, Kings, and Fresno Counties; the Fresno Police Department; the Arizona Department of Health; and the Kansas City Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Frazier and Phan previously pleaded guilty and were sentenced respectively to two years in prison and three and a half years in prison. Charges are pending against the remaining defendants. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Zambrano is scheduled for sentencing on Aug. 16. He faces a minimum statutory penalty of five years in prison, a maximum statutory penalty of 40 years in prison, and a $5 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Former Seminole County Tax Collector Joel Micah Greenberg Pleads Guilty to Multiple Federal OffensesRead the Press Release
Orlando, Florida – Former Seminole County Tax Collector Joel Micah Greenberg (36, Lake Mary) today pleaded guilty to six federal offenses: sex trafficking of a child, illegally producing a false identification document, aggravated identity theft, wire fraud, stalking, and conspiracy. Each offense carries a separate penalty. Greenberg faces maximum terms of imprisonment of 20 years for wire fraud, 15 years for illegally producing a false identification document, 15 years for conspiracy, and 5 years for stalking. He also faces mandatory minimum sentences of imprisonment: of 10 years, and up to, life in prison for sex trafficking of a child, and of 2 years for aggravated identity theft. Greenberg will be ordered to pay restitution to his victims in amounts to be determined at his sentencing.
According to the plea agreement, Greenberg paid for commercial sex acts, including with an individual who was a minor for part of the time when Greenberg paid her to engage in those acts. Greenberg had met the minor on an internet website and he engaged in commercial sex acts with her on at least seven occasions when she was under the age of 18. Greenberg also introduced the minor to other adult men, who engaged in commercial sex acts with the minor in the Middle District of Florida.
On the day of his arrest and execution of a federal search warrant at his residence on June 23, 2020, Greenberg was found in possession of two fake drivers licenses in his wallet – each license contained the personal information of the victim but with Greenberg’s photograph. Greenberg used his position as Tax Collector to facilitate the production of those fake drivers licenses.
In addition, Greenberg used his position as Seminole County Tax Collector to embezzle and divert over $400,000 to benefit himself, including to purchase cryptocurrency, to operate a business that sold cryptocurrency mining machines, to mine cryptocurrency, and to purchase personal items, such as autographed sports memorabilia.
Greenberg also engaged in a course of conduct that caused and attempted to cause substantial emotional distress to a political opponent who worked in the Middle District of Florida, including by knowingly mailing false letters to the school where the employee worked. The letters claimed to be from an anonymous “very concerned student” of the school who claimed to know the school employee had engaged in sexual misconduct with a particular student.
After his federal arrest in June 2020, and while released on special conditions, Greenberg conspired with an employee of the Small Business Administration (SBA) and another individual to submit false claims to SBA for Economic Injury Disaster Loans, available under the CARES Act to businesses negatively affected by the COVID 19 pandemic. Greenberg and the SBA employee conspired to submit loan applications for two of Greenberg’s businesses falsely claiming the businesses were operating prior to February 2020, when in fact the State previously had administratively dissolved both business and Greenberg only reinstated them to apply for the loans. Greenberg and the SBA employee also conspired to apply for a third loan in Greenberg’s name. The loan applications provided false information about the revenues and numbers of employees for the businesses. As a result of the conspiracy, Greenberg received over $430,000, and he paid $16,000 of that to the individual who recruited him into the scheme, and $3,000 of it as a bribe to the SBA employee.
This case was investigated by United States Secret Service, the Federal Bureau of Investigation, and the U.S. Small Business Administration - Office of Inspector General, with assistance from the Osceola County Sheriff’s Office, the Seminole County Sheriff’s Office, and the United States Postal Inspection Service. It is being prosecuted by Assistant United States Attorneys Roger B. Handberg and Jennifer M. Harrington.
Former Rapides Parish Sheriff's Office Deputy Sentenced for Assaulting InmatesRead the Press Release
ALEXANDRIA, La. – A former correctional officer with the Rapides Parish Sheriff’s Office (RPSO), Detention Center 1, in Alexandria, Louisiana, has been sentenced in federal court for violating the civil rights of three inmates in his custody.
Cody Richardson, 31, was sentenced by United States District Judge Dee D. Drell to 70 months (5 years, 10 months) in prison, followed by 2 years of supervised release. Richardson previously pleaded guilty on May 28, 2020 to three felony counts of using excessive force against pretrial detainees housed at the RPSO facility.
According to court documents and statements made during the hearing, Richardson, while on duty as a correctional officer in 2018, tased three different detainees who were restrained and/or not resisting, in violation of 18 U.S.C. § 242. Specifically, on January 28, 2018, Richardson tased detainee K.F. while K.F. had his hands up, causing him to fall to the ground, then continued to tase K.F. three more times despite the fact that he was not resisting. On February 24, 2018, Richardson drive-stunned detainee S.M. 15-20 times while S.M. was shackled to a bench by his ankles, then, after other officers secured S.M.’s wrists in handcuffs, continued tasing him and kicked him once in the abdomen. Finally, on March 19, 2018, Richardson deployed a Taser into detainee J.A.’s back, causing him to fall to the ground, then sat on top of a table in the cellblock and continued to activate the Taser four more times while J.A. thrashed on the floor, screaming in pain.
“Citizens who are detained by law enforcement officers have a right to be treated with fairness and respect,” said Acting United States Attorney Alexander C. Van Hook. “Those in law enforcement who choose to violate the civil rights of those in their custody and control must suffer the consequences of their actions.”
“These kinds of civil rights violations by correctional officers will not be tolerated,” said Pamela S. Karlan, Principal Deputy Assistant Attorney General for the Civil Rights Division. “By perpetrating these blatant and callous assaults on inmates, Richardson abused the authority granted to him as an officer of the law, undermined public trust in law enforcement, and caused harm to individuals whom he had a responsibility to protect. The Justice Department will continue to vigorously prosecute officers who violate the civil rights of vulnerable inmates in their care, and ensure that such officers are held accountable.”
This case was investigated by the FBI. Assistant United States Attorney Mary Mudrick of the Western District of Louisiana and Trial Attorney Katherine DeVar of the Civil Rights Division prosecuted the case.
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Former Rapides Parish Correctional Officer Sentenced for Violating the Civil Rights of Three InmatesRead the Press Release
A former correctional officer with the Rapides Parish Sheriff’s Office (RPSO), Detention Center 1, in Alexandria, Louisiana, was sentenced today in federal court for violating the civil rights of three inmates in his custody.
Cody Richardson, 31, was sentenced by U.S. District Court Judge Dee Drell to 70 months in federal prison for each count, to run concurrently, followed by two years of supervised release. Richardson previously pleaded guilty on May 28, 2020, to three felony counts of using excessive force against pretrial detainees housed at the RPSO facility.
According to court documents and statements made during the hearing, Richardson, while on duty as a correctional officer, tased three different detainees who were restrained and/or not resisting. Specifically, on Jan. 28, 2018, Richardson tased detainee K.F. while K.F. had his hands up, causing him to fall to the ground, then continued to tase K.F. three more times despite the fact that he was not resisting. On Feb. 24, 2018, Richardson drive-stunned detainee S.M. 15-20 times while S.M. was shackled to a bench by his ankles, then, after other officers secured S.M.’s wrists in handcuffs, continued tasing him and kicked him once in the abdomen. Finally, on March 19, 2018, Richardson deployed a taser into detainee J.A.’s back, causing him to fall to the ground, then sat on top of a table in the cellblock and continued to activate the taser four more times while J.A. thrashed on the floor, screaming in pain.
“These kinds of civil rights violations by correctional officers will not be tolerated,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. “By perpetrating these blatant and callous assaults on inmates, Richardson abused the authority granted to him as an officer of the law, undermined public trust in law enforcement, and caused harm to individuals whom he had a responsibility to protect. The Justice Department will continue to vigorously prosecute officers who violate the civil rights of vulnerable inmates in their care, and ensure that such officers are held accountable.”
“Citizens who are detained by law enforcement officers have a right to be treated with fairness and respect,” said Acting U.S. Attorney Alexander C. Van Hook of the Western District of Louisiana. “Those in law enforcement who choose to violate the civil rights of those in their custody and control must suffer the consequences of their actions.”
This case was investigated by the FBI. Trial Attorney Katherine DeVar of the Civil Rights Division and Assistant U.S. Attorney Mary Mudrick of the Western District of Louisiana prosecuted the case.
Former Manager of Contracted City Meal Program for HIV/AIDS Patients Pleads Guilty to TheftRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Barbara Conway, 62, of Drexel Hill, PA, entered a plea of guilty before United States District Court Judge Michael M. Baylson for stealing money from a meal program for sick and needy individuals which she managed as a contractor for the City of Philadelphia.
In November 2020, the defendant was charged by criminal information with theft from a program receiving federal funds. According to the Information, Conway served as the Food Voucher Coordinator while employed by the Philadelphia Health Management Corporation (PHMC), a public health agency contracted with the City of Philadelphia to administer a food voucher program funded by the federal government. While serving as the coordinator from 2015 through 2019, Conway stole over $35,000 in food vouchers that were supposed to be distributed as part of an emergency assistance package to people living with HIV/AIDS. This initiative is funded by the Ryan White HIV/AIDS Program, a federal program that provides grants to states, cities, counties, and other local organizations to fund care and treatment services for individuals living with the disease.
“Stealing money from federally-funded programs will be met with swift and serious consequences,” said Acting U.S. Attorney Williams. “Appallingly, Barbara Conway victimized people who are already facing the incredibly challenging life circumstance of living with HIV/AIDS and who require emergency assistance to meet basic life necessities while they bravely fight to get well. Our Office will continue to hold public employees and contractors responsible for this type of egregious behavior.”
The case was investigated by the Federal Bureau of Investigation and the Philadelphia Office of the Inspector General, and is being prosecuted by Assistant United States Attorney Richard P. Barrett.
Florida Man Enters Guilty Plea Prior to Trial for Smuggling Marijuana Through the Cyril E. King AirportRead the Press Release
St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert announced today that Marvin Forbes, age 49, from Orlando, FL, pleaded guilty in federal court just prior to commencement of jury selection for his trial on the charge of Possession with Intent to Distribute 12.61 kilograms of Marijuana.
According to court documents, on June 19, 2020, Forbes arrived at the Cyril E. King Airport on St. Thomas on Spirit Airlines flight #1610 which departed from Fort Lauderdale, FL. Upon arrival in St. Thomas, United States Customs and Border Protection (CBP) officers conducted a 100% inspection of Spirit’s checked bags. CBP K-9 “Sherpa” later alerted to the presence of narcotics in Forbes’ checked bag. After Forbes removed his bag from the baggage claim belt, CBP officers approached Forbes and escorted him to secondary for inspection. In secondary, CBP officers cut a lock that was placed on Forbes’ suitcase after he failed to produce the key to open the lock. Inside Forbes’ suitcase, CBP officers discovered eight (8) vacuum sealed packages, each containing multiple smaller, individually vacuum sealed packages of marijuana with a total weight of 12.61 kilograms.
On June 22, 2020, Forbes was released on an unsecured bond and allowed to return to Orlando, FL. Two days later, however, Forbes was arrested in Orlando for larceny offenses. His supervised release was later revoked, and he was detained pending trial. After pleading guilty, Forbes was remanded to custody pending his August 6, 2021 sentencing.
This case was investigated by the Department of Homeland Security, Homeland Security Investigations and CBP. It was prosecuted by Assistant United States Attorney Delia Smith and is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.