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19 April 2021
Navajo man pleads guilty to involuntary manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE – Lowell Begay, 38, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty in federal court on April 16 to involuntary manslaughter in Indian Country.
A grand jury indicted Begay and co-defendant Jerry Armenta on July 25, 2019. According to the plea agreement and other court records, Begay committed the offense on Sept. 11, 2018, in San Juan County, New Mexico, on the Navajo Nation. Begay was intoxicated and recklessly handling a loaded firearm when he accidently fired it and killed a woman. In the plea agreement, Begay admitted his unlawful actions were without due caution and circumspection and with a wanton and reckless disregard for human life, and that he knew and should have known that his conduct imperiled the lives of others.
Armenta pleaded guilty on Sept. 19, 2019, to being a felon in possession of a firearm and ammunition. On March 23, 2020, Armenta was sentenced to 18 months in prison and three years of supervised release.
Begay will remain in custody pending sentencing. He faces up to 8 years in prison.
The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Shiprock office of the Navajo Nation Division of Public Safety and the Navajo Nation Police Department. Assistant U.S. Attorneys David Cowen and Allison Jaros are prosecuting the case.
Monongalia County man admits to his role in a drug trafficking operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Jeremy Hamlin, of Morgantown, West Virginia, has admitted to his role in a drug trafficking conspiracy, Acting United States Attorney Randolph J. Bernard announced.
Hamlin, 41, pled guilty to one count of “Maintaining Drug-Involved Premises.” Hamlin admitted to using a place on Bradley Street in Morgantown for the purpose of distributing heroin and cocaine base, also known as “crack,” in March 2020 in Monongalia County.
Hamlin faces up to 20 years of incarceration and a fine of up to $500,000. 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 Zelda E. Wesley is prosecuting the cases on behalf of the government. The Drug Enforcement Administration, the Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the Monongalia County Sheriff’s Office investigated.
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 press release: https://www.justice.gov/usao-ndwv/pr/seventeen-people-charged-heroin-and-crack-cocaine-distribution-operation
Minneapolis Felon Charged with Illegal Possession of A FirearmRead the Press Release
Acting United States Attorney W. Anders Folk today announced a federal criminal complaint charging ANDREW THOMAS, 28, with being a felon in possession of a firearm. THOMAS will make his initial appearance tomorrow before Magistrate Judge Katherine M. Menendez in U.S. District Court.
According to the allegations in the criminal complaint, during the early morning hours of April 18, 2021, a team of Minnesota National Guard soldiers, along with an officer of the Minneapolis Police Department, was stationed at the corner of Penn Avenue North and West Broadway Avenue in Minneapolis. At approximately 4:20 a.m., a light-colored SUV driving on West Broadway Avenue fired multiple shots at the team. One bullet went through the windshield of the team’s military vehicle, which held four soldiers. Two soldiers of the Minnesota National Guard sustained minor injuries: one was transported to a nearby hospital for treatment of injuries from shattered glass; the other was treated at the scene for superficial wounds.
The criminal complaint also alleges that during the late evening hours of April 18, 2021, Minneapolis Police officers patrolling the area of 6th Street South and Cedar Avenue South encountered a 2002 Ford Explorer that matched the description of the SUV involved in the shooting. After conducting a felony stop of the vehicle, the driver, later identified as THOMAS, and a juvenile passenger, were placed in separate police cars. After obtaining a search warrant for the vehicle, officers recovered from the vehicle a Springfield Armory XD-9 9mm semi-automatic pistol, a .22 caliber revolver with an obliterated serial number, ammunition, and two discharged cartridge casings. Because THOMAS has a prior felony conviction in Hennepin County, he is prohibited under federal law from possessing firearms or ammunition at any time.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Minneapolis Police Department.
This case is being prosecuted by Assistant U.S. Attorney Thomas Calhoun-Lopez.
The charges contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defendant Information:
ANDREW THOMAS, 28
Minneapolis, Minn.
Charges:
- Felon in possession of a firearm, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Man Pleads Guilty to Federal Gun and Drug CrimesRead the Press Release
CHARLESTON, W.Va. – Keith Morris, 33, of Charleston, pleaded guilty today to being a felon in possession of firearms and possession with intent to distribute 40 grams of fentanyl. Morris was charged in a Superseding Indictment returned by a federal grand jury in November 2020.
According to the plea agreement and statements made in court, on or about January 23, 2020, after responding to a two-vehicle crash in Charleston, officers with the Charleston Police Department (CPD) located 50 grams or more of methamphetamine and a loaded Glock, model 26, 9mm semi-automatic pistol in Morris’s car. In addition, on or about August 7, 2020, officers with the Metropolitan Drug Enforcement Network Team (MDENT) seized 40 grams or more of fentanyl and a loaded SCCY CPX-1 9mm caliber from Morris’s car after conducting a traffic stop in Charleston. Morris admitted he intended to distribute the controlled substances that had been seized from him. Morris further admitted that he knew he was prohibited from possessing firearms because he previously had been convicted of the felony offenses of attempted murder and wanton endangerment with a firearm in Kanawha County Circuit Court.
Morris faces up to 40 years in prison when sentenced on July 19, 2021.
The Metropolitan Drug Enforcement Network Team, the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Negar M. Kordestani is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00167.
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Madera County Woman Sentenced to 12 Years in Prison for Distribution of Heroin that Resulted in an Overdose DeathRead the Press Release
FRESNO, Calif. — Georgia Nicole Dean, 37, of Coarsegold, was sentenced today by U.S. District Judge Dale A. Drozd to 12 years in prison for distributing heroin, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Aug. 22, 2019, Dean drove to the victim’s residence and sold heroin to him for a small amount of cash. The victim used the heroin that night, overdosed, and died. Dean pleaded guilty to distribution of heroin on Jan. 26, 2021.
This case was the product of an investigation by the Drug Enforcement Administration, the Madera County Sheriff’s Office, and the Fresno Police Department. Assistant U.S. Attorneys Justin J. Gilio and Kathleen A. Servatius prosecuted the case.
Lisbon, ND, Man Pleads Guilty to the Violent Ax Attack on U.S. Senator John Hoeven’s Office in December 2020Read the Press Release
FARGO – Acting United States Attorney Nick Chase announced Thomas Alexander Starks, age 30 of Lisbon, ND, pleaded guilty before Chief Judge Peter D. Welte, U.S. District Court, Fargo, ND, for the charge of Destruction of Government Property, 18 USC 1361.
On December 21, 2020, Starks went to the downtown Fargo office of United States Senator John Hoeven and, using an ax, smashed the window and caused substantial damage to the intercom system and doorframe. The monetary damages caused by Starks’ exceeded $1,000.
This case was investigated by the Federal Bureau of Investigations, United States Capital Police, Fargo Police Department and Cass County Sheriff’s Office, and the case is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Richard Lee assigned to the case.
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Lev Tahor Leaders Charged with Child Exploitation OffensesRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced new charges against NACHMAN HELBRANS, MAYER ROSNER, YAKOV WEINGARTEN, SHMIEL WEINGARTEN, and YOIL WEINGARTEN for conspiring to (1) transport a minor with intent to engage in criminal sexual activity, and (2) travel with intent to engage in illicit sexual conduct, in connection with the kidnapping of a 14-year-old girl (“Minor-1”) from New York to reunite her with her adult “husband” outside the United States for purposes of continuing their sexual relationship. The defendants, among other members of Lev Tahor, were previously charged with several other crimes related to the kidnapping of Minor-1 and her younger brother.
U.S. Attorney Audrey Strauss stated: “As alleged, the defendants engaged in a brazen kidnapping of a minor girl in the middle of the night, taking her across the border to Mexico in order to reunite her with her adult ‘husband’ to continue their sexual relationship. These charges send a clear message that the sexual exploitation of children will not be tolerated.”
FBI Assistant Director William F. Sweeney Jr. stated: “International borders will not stop the FBI from pursuing justice and enforcing violations of our laws, especially when you target children. The behavior alleged today is outrageous, and there is no justification for it whatsoever. We are grateful for the excellent cooperation from our partners in Mexico and Guatemala who helped us hold these leaders of Lev Tahor accountable for their behavior. Protecting innocent children should be a priority for all of society – it’s certainly one of ours. If you know of children who are being trafficked, please contact the FBI at 1-800-CALL-FBI or fbi.tips.gov.”
According to the allegations contained in the Superseding Indictment, other court filings, and statements made during court proceedings:[1]
NACHMAN HELBRANS, MAYER ROSNER, YAKOV WEINGARTEN, SHMIEL WEINGARTEN, and YOIL WEINGARTEN are U.S. citizens and senior leaders of Lev Tahor, an extremist Jewish sect previously based in New York and Canada, and currently based in Guatemala. HELBRANS became the leader of Lev Tahor in or about 2017. After HELBRANS and his leadership team took over, they seized tight control over the group and embraced several extreme practices, including strict, invasive monitoring of members, frequent beatings, and forced marriages of minors to adult members. Children in Lev Tahor are often subject to physical, sexual, and emotional abuse.
In or about 2017, HELBRANS arranged for his then-12-year-old niece, Minor-1, to be “married” to a then-18-year-old man, defendant JACOB ROSNER. They were religiously “married” the following year, when Minor-1 was 13 and JACOB ROSNER was 19, and immediately began a sexual relationship with the goal of procreation. They were never legally married. Lev Tahor leadership, including the defendants, required young brides to have sex with their husbands, to tell people outside Lev Tahor that they were not married, to pretend to be older, and to deliver babies inside their homes instead of at a hospital, partially to conceal from the public the mothers’ young ages.
In or about October 2018, the mother of Minor-1 (who is also HELBRANS’s sister) determined that it was no longer safe for her children to remain in the Lev Tahor community in Guatemala. The mother escaped from the group’s compound and arrived in the United States in early November 2018. Also in November 2018, a Brooklyn family court granted her temporary custody of the children and prohibited the children’s father, a leader within Lev Tahor, from communicating with the children.
After the mother fled and settled in New York with her children, the defendants devised a plan to return Minor-1, then 14 years old, to Guatemala and to her then-20-year-old “husband” so that they could resume their sexual relationship and procreate. In December 2018, they executed their plan, kidnapping Minor-1 and her brother in the middle of the night from a home in New York and transporting them through various states and, eventually, to Mexico. During this time, Lev Tahor leadership was seeking asylum for the entire Lev Tahor community in the Islamic Republic of Iran.
Following a three-week search involving scores of local, federal, and international law enforcement entities, Minor-1 and her brother were recovered in Mexico and returned to New York. On two additional occasions, in or about March 2019 and March 2021, members of Lev Tahor again tried to kidnap Minor-1 and her brother.
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NACHMAN HELBRANS, 39, of Guatemala, MAYER ROSNER, 44, of Guatemala, YAKOV WEINGARTEN, 30, of Guatemala, SHMIEL WEINGARTEN, 25, of Guatemala, and YOIL WEINGARTEN, 32, of Guatemala, are charged with (1) conspiring to transport a minor with intent to engage in criminal sexual activity, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison; and (2) conspiring to travel with intent to engage in illicit sexual conduct, which carries a maximum sentence of 30 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
The Superseding Indictment also includes charges that were previously brought against the defendants and other members of Lev Tahor. Specifically, it charges NACHMAN HELBRANS, MAYER ROSNER, YAKOV WEINGARTEN, SHMIEL WEINGARTEN, YOIL WEINGARTEN, MORDECHAY MALKA, 26, of Guatemala, ARON ROSNER, 47, of Brooklyn, New York, JACOB ROSNER, 21, of Guatemala, and MATITYAU MOSHE MALKA, 29, of Guatemala, with conspiring to kidnap, unlawfully use a means of identification, and enter by false pretenses the secure area of an airport, and charges three additional counts of international parental kidnapping.
Ms. Strauss praised the outstanding work of the FBI, the New York State Police, the Sullivan County District Attorney’s Office, United States Customs and Border Protection, the Village of Spring Valley Police Department, and our law enforcement partners in Mexico and Guatemala.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Sam Adelsberg, Jamie Bagliebter, and Jim Ligtenberg are in charge of the prosecution.
The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment, and the description of the Superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Justice Department Reaches Settlement with Arizona School District to Protect English Learner StudentsRead the Press Release
Today the Justice Department announced a settlement agreement with the Coolidge Unified School District to resolve the department’s investigation into the school district’s programs for its English learner students. The department’s investigation of the district found system-wide failures to provide the instruction, resources and teacher training that students need to master English, leaving them to struggle academically year after year. The department conducted its investigation under the Equal Educational Opportunities Act of 1974.
“Every child deserves an equal opportunity to excel in school. Where there are language barriers, schools have an obligation to do more to put students on an equal footing,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “The Justice Department will continue to enforce the law to make sure students who are learning English get the help they need to truly thrive in the classroom. We commend the district for entering into this agreement and look forward to working together so that the district’s English learner students can realize their full potential.”
Under the settlement agreement, the district will increase language instruction for English learner students so they can become fluent in English and understand the coursework in all of their academic subjects. The agreement also requires the district to provide robust teacher training, obtain the special materials and curricula that English learner students need to succeed academically, and actively evaluate students’ progress. The Justice Department will monitor the district’s implementation of the settlement for three full school years.
The enforcement of the Equal Educational Opportunities Act of 1974 is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at https://www.justice.gov/crt/educational-opportunities-section. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/.
Judges sentences St. Louis County man for possession of a firearm in furtherance of a drug trafficking crimeRead the Press Release
ST. LOUIS – United States District Judge Catherine D. Perry sentenced Bernard Toler to 72 months in prison today. The 33-year-old St. Louis County, Missouri resident pleaded guilty, in January, to one count of possession of a firearm in furtherance of a drug trafficking crime.
On or about February 20, 2019, officers from the St. Louis County Police Department saw a vehicle with no visible license plates make a turn without signaling. Officers turned on the emergency lights to make a traffic stop, but Toler evaded police at a high rate of speed. Toler continued to flee police through a residential area while refusing to stop at multiple stop signs.
Officers eventually turned off their lights and sirens but maintained visual observation of Toler’s vehicle. Officers saw Toler park the vehicle in the parking lot of a business, at which time officers turned on their lights again and positioned their vehicles to prevent Toler from fleeing.
Officers approached Toler’s vehicle and noticed a revolver-style firearm in the middle compartment of the vehicle. Officers removed Toler from the vehicle and took him into custody. Officers seized the firearm, which was loaded with six live rounds, along with two digital scales, a marijuana grinder, a plastic bag containing 24 grams of marijuana and three cellular phones. The seized paraphernalia, drugs and phones are indicative of drug trafficking.
Toler admitted he intended to distribute some or all of the marijuana in his possession to one or more persons and he possessed the seized firearm in furtherance of his drug trafficking activity.
The St. Louis County Police Department investigated this case. Assistant United States Attorney Geoff Ogden is handling the case.
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Johnson County Woman Sentenced to Federal Prison for Drug ChargesRead the Press Release
DAVENPORT, Iowa — On Thursday, April 15, 2021, United States District Court Chief Judge John A. Jarvey sentenced Geneva Kristine Hudson, age 28, of Iowa City, to 270 months in prison for conspiracy to distribute methamphetamine and heroin, distribution of five grams and more of methamphetamine, and distribution of 50 grams and more of methamphetamine announced Acting United States Attorney Richard D. Westphal. Hudson was ordered to serve five years of supervised release to follow her prison term as well as pay $300 to the Crime Victims’ Fund.
The investigation of Hudson began in 2019 when she was identified as having supplied heroin to individuals in Coralville. Hudson conspired with Bryant Smith, Jeffrey Goins, and Heather Simmons in the Iowa City and Coralville areas to distribute heroin, methamphetamine, and other drugs. Hudson was arrested in Coralville in February of 2020 and was convicted after a jury trial held in Davenport in October of 2020.
This matter was investigated by the Johnson County Drug Task Force and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Iowa City Woman Sentenced to Prison for Fraud ChargesRead the Press Release
DAVENPORT, Iowa — On Thursday, April 15, 2021, United States District Court Chief Judge John A. Jarvey sentenced Tykeese McCray, age 44, of Iowa City, to three months in prison for Health Care Fraud and False Statements announced Acting United States Attorney Richard D. Westphal. McCray was ordered to serve three years of supervised release to follow her prison term and pay restitution in the amount of $118,943.19 and $100 to the Crime Victims’ Fund.
The investigation revealed as early as 2011, McCray fraudulently completed application paperwork for the Section 8 housing assistance program administered by the Department of Housing and Urban Development (HUD). On the initial application, as well as the annual recertification forms filed every year, McCray purposefully did not list her husband as a household member, nor did she include his income for purposes of determining her eligibility. McCray also falsified benefit forms by indicating she was single when, in fact, she was married. In addition to defrauding HUD, McCray also falsified forms for food assistance benefits (aka SNAP), childcare assistance, and medical insurance through Medicaid. As a result of falsifying records, McCray agreed she received $54,032 in entitled housing assistance, $31,385 in unentitled food assistance, $31,835.73 in unentitled medical assistance, and $1,690.46 in unentitled medical assistance for a total loss amount of $118,943.19.
This matter was investigated by the Office of the Inspector General and the Iowa Department of Inspections and Appeals. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Hurricane Man Pleads Guilty to Child Pornography OffenseRead the Press Release
HURRICANE, W.Va. – Shea Owen Marsh, 32, of Hurricane, pleaded guilty today to possessing child pornography. Marsh was charged in a single-count Information in April 2021. Marsh was previously indicted last August for possessing child pornography.
According to the plea agreement and statements made in court, Marsh downloaded videos and images of child pornography onto his cell phone several times while at his residence in Hurricane.
Marsh faces up to 20 years in prison when sentenced on July 19, 2021.
The Putnam County Sheriff’s Department and the U.S. Department of Homeland Security - Homeland Security Investigations (HSI) conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Kristin F. Scott is handling the prosecution.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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. 3:20-cr-00126 and 3:21-cr-00043.
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Howard County Physician Pays More Than $660,000 to Resolve False Claims Act Allegations of Fraudulent BillingRead the Press Release
Baltimore, Maryland – Njideka Udochi, M.D., a family practice physician who owns Millennium Family Practice in Howard County, has agreed to pay the United States $663,094.76 to resolve allegations that she submitted false claims to the Medicare program for fraudulent neurostimulator billings, arising from the use of an auricular stimulation (“P-Stim”) device.
The settlement agreement was announced today by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner and Maureen Dixon, Special Agent in Charge of the Office of Inspector General for the Department of Health and Human Services.
“Taping a device with adhesive is clearly not the same as surgical implantation,” said Acting United States Attorney Jonathan Lenzner. “Falsely billing the government for a procedure that reimburses at a high rate for such a simple procedure that is not reimbursed at all diverts valuable government resources and undermines confidence in our healthcare system. This settlement will restore funds that should not have been reimbursed and should serve as a bold reminder that improper billing will not be tolerated. I commend our partners at CMS’s Center for Program Integrity and HHS-OIG for identifying and eliminating this kind of waste and abuse in our federal healthcare programs.”
In her practice, Dr. Udochi used a P-Stim device to treat her pain patients. A P-Stim device provides electrical acupuncture to treat pain symptoms and is applied externally to the patient, generally behind the patient’s ear. Acupuncture, electrical or otherwise, is not reimbursable by Medicare.
According to the settlement agreement, from January 2019 to May 2019, Dr. Udochi falsely billed Medicare for the use of the P-Stim device by using the Healthcare Common Procedure Coding System (HCPCS) code for a neurosurgical procedure of an invasive and extensive nature where the device is implanted into the patient. HCPCS codes are used by Medicare to determine the level of reimbursement to providers. Medicare reimburses providers approximately $6,255.61 for an implantable neurostimulator procedure, reflecting the complexity and in-depth nature of surgical implantation of a neurostimulator. Despite the fact that Medicare does not provide any reimbursement for the use of acupuncture devices, Dr. Udochi’s false billing for P -Stim devices, that were taped behind the ears of her patients and were often removed by her patients at home without assistance from a medical professional, caused Medicare to pay her hundreds of thousands of dollars.
The claims resolved by this settlement are allegations. The settlement is not an admission of liability by Dr. Udochi, nor a concession by the United States that its claims are not well founded.
Acting United States Attorney Jonathan Lenzner commended the Office of Inspector General for the Department of Health and Human Services for its work in the investigation. Mr. Lenzner also thanked Assistant United States Attorneys Matt Haven and Allen Loucks, along with Investigators Steve Capobianco and Ann Thiel, who handled and investigated the case.
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Hoover Criminal Gang Members Indicted for Illegal Firearm PossessionRead the Press Release
PORTLAND, Ore.—Two known Hoover Criminal Gang members have been arrested in Portland after being charged with illegal firearm possession, announced Acting U.S. Attorney Scott Erik Asphaug.
On April 6, 2021, a federal grand jury in Portland returned a two-count indictment charging Samuel Deoshay Marquise Mason, Jr., 24, and Cocoa Dalonta Taplin, 26, both residents of Portland, with illegally possessing firearms after previous criminal convictions.
According to court documents and testimony, law enforcement obtained several images of Mason posing with numerous firearms, leading investigators to obtain and execute a search warrant on his residence. Investigators located an assault rifle and 9mm pistol with an obliterated serial number. Both firearms were fully loaded with rounds in the chamber. A subsequent search of Mason’s mobile phone revealed photos of Taplin holding and posing with two firearms three days prior to the search. Mason confessed to possessing the seized firearms. He also admitted to being shot at the week prior and firing one round in return from a third unknown gun.
Mason and Taplin made their initial appearances in federal court today before a U.S. Magistrate Judge. They were arraigned and pleaded not guilty.
This case was investigated by the Portland Police Bureau, Multnomah County Sheriff’s Office, Gresham Police Department, and FBI. It is being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
An indictment is only an accusation of a crime, and defendants are presumed innocent unless and until proven guilty.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Grand Junction Man Convicted of Conspiring to Distribute Fentanyl Resulting in DeathRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Bruce Holder, age 55, of Grand Junction, was convicted of Conspiracy to Distribute Fentanyl and Counterfeit Substances, Distribution of Fentanyl Resulting in Death, Distribution of Fentanyl, and Distribution of a Counterfeit Substance after a 11-day jury trial in Denver, Colorado.
Facts presented at trial established that Holder worked in conjunction with multiple co-conspirators, including his wife, children, and other members of his family, to distribute pills which appeared to be 30mg Oxycodone pills but in fact were counterfeit and spiked with fentanyl. Between 2017 and 2018, Holder imported tens of thousands of these pills from Mexico into Western Colorado where he and his co-conspirators distributed them for substantial profit.
In December 2017, a young man in Carbondale died after using one of the pills. Evidence presented at trial established that this man would not have died but for the fentanyl present in the counterfeit pills distributed by Holder. Despite knowing of this death, and hearing of other concerns, Holder and his co-conspirators continued to import and distribute these counterfeit pills. This continued even after Holder’s arrest in August 2018. Evidence at trial also showed that, following his arrest, Holder discussed with co-conspirators plans to destroy evidence and the possible murder of a cooperating witness.
“Most people know that fentanyl is incredibly dangerous. Many people don’t know that it can be disguised to look like other, much less powerful opioids,” said Acting U.S. Attorney Matt Kirsch. “Bruce Holder profited from that ignorance, while one of his customers paid for it with his life. Holder now faces an appropriately long prison sentence for his callous drug distribution.”
“DEA is very happy with this verdict, Holder is someone who has shown a disregard for human life that you don’t often come across,” said Deanne Reuter Special Agent in Charge of DEA Denver Field Division. “Getting to a guilty verdict is something that could only be done with the hard work of our agents and task force officers who investigated this case and the prosecutors who presented it.”
United States District Court Judge Christine M. Arguello presided over the trial and will impose sentence at a later date.
The Drug Enforcement Administration conducted the investigation, with the assistance of the FBI, ATF, HSI, USMS, Western Colorado Drug Task Force, Two Rivers Drug Enforcement Team (“TRIDENT”), Carbondale PD, Fruita PD, Grand Junction PD, and Mesa County SO. Assistant United States Attorney Jeremy Chaffin and Special Assistant United States Attorney Jaime Pena handled the prosecution of the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Force (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.
Case number: 1:18-cr-00381-CMA-GPG
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Fort Hall Man Sentenced to 40 Months in Prison for StabbingRead the Press Release
POCATELLO – Lance Jonathon Broncho, 19, of Fort Hall, Idaho, was sentenced in U.S. District Court to 40 months in federal prison for assault resulting in serious bodily injury, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Senior U.S. District Judge B. Lynn Winmill also ordered that Broncho serve three years of supervised release following his prison sentence. Broncho pleaded guilty to the charge on December 16, 2020.
According to court records, on April 6, 2020, Broncho and the victim, a Twin Falls man, traveled together from Twin Falls to the Fort Hall Indian reservation in the victim's van. When they arrived at Fort Hall, after midnight, on April 7, Broncho stabbed the victim multiple times in the abdomen and then took the victim's van, leaving the victim on the side of the road. A person driving by saw the victim and called the police, who found him injured on the side of the road. The victim was transported to the hospital where he was treated and had surgery for his stabbing injuries. Broncho was later interviewed and admitted stabbing the victim and taking his van.
This case was investigated by the Federal Bureau of Investigation and Fort Hall Police Department.
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Former Social Security Employee Sentenced to Three Years in Federal Prison for a Scheme to Obtain over $236,000 in Social Security Benefits by Submitting Fictitious ClaimsRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III sentenced Cheikh Ahmet Tidiane Cisse, age 45, of Baltimore, Maryland, today to three years and a day in federal prison, followed by three years of supervised release for theft of government property and aggravated identity theft, in connection with a scheme in which Cisse filed fraudulent claims for Social Security benefits using fictitious identities and the identities of actual individuals, and attempted to collected over $236,000. Judge Russell also ordered Cisse to pay restitution of $83,247 and forfeit $30,000 seized from Cisse’s home and pay a money judgment in the amount of $51,107.
The sentence was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner and Gail S. Ennis, Inspector General for the Social Security Administration.
Cisse was employed by the Social Security Administration (SSA) as a Claims Specialist in SSA’s Office of International Operations. Cisse admitted that between July 2018 and March 2019, he filed fictitious claims for benefits using stolen identities and identity documents he obtained through the course of his employment with SSA in order to steal or attempt to steal over $236,000 from SSA.
According to his plea agreement, as part of his job, Cisse was responsible for reviewing the identity documents of social security claimants living abroad, such as passports, marriage certificates, and identity cards. Cisse then created new, fictitious identities in SSA's database, often using information from the foreign identity documents he reviewed, which were issued social security numbers (SSNs). Cisse used the fictitious identities to file fraudulent claims for social security divorced spouse survivor's benefits against actual deceased individuals, directing the benefits payments to debit cards or bank accounts he opened in the names of the fictitious identities using the identity documents he obtained through his employment. Cisse sometimes provided his home address for that of the fictitious claimants, but also provided an address in Quebec, Canada, that corresponded to a mail forwarding service to which he subscribed, making it appear as if the fictitious claimants lived abroad. Through this mail forwarding service, Cisse received mail associated with the scheme, including genuine social security cards in the names of the fictitious identities and benefits payments.
As detailed in the plea agreement, in one instance, when SSA stopped payment on the $10,734 back payment for one of the fraudulent claims due to suspected fraud, Cisse contacted SSA’s payment center and falsely relayed that the purported beneficiary had called inquiring about the whereabouts of the payment, causing the SSA payment center to issue the back payment by direct deposit. Cisse received a total of approximately $25,916 as a result of this fraudulent claim, which he spent through cash withdrawals and retail purchases.
In total, Cisse submitted at least nine fraudulent claims in stolen and fictitious identities, causing SSA to pay approximately $87,000 in fraudulent claims through direct deposit, issue approximately $46,000 in checks that were never negotiated, and authorize approximately $103,000 in claims that SSA halted before payments were issued. Cisse personally received and spent $82,047 as a result of the scheme.
Acting United States Attorney Jonathan F. Lenzner commended the SSA Office of Inspector General for their work in the investigation. Mr. Lenzner thanked Special Assistant U.S. Attorney Michael F. Davio, who is prosecuting the case.
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Former San Francisco Resident Charged with Multi-Year Campaign of Cyberstalking Against Three MinorsRead the Press Release
SAN FRANCISCO – A federal grand jury has charged Ramajana Hidic Demirovic with cyberstalking and conspiracy to commit cyberstalking in connection with a scheme to harass and intimidate victims, including teenagers who had romantic relationships with the defendant’s co-conspirator, announced Acting United States Attorney Stephanie M. Hinds and FBI Special Agent in Charge Craig D. Fair.
According to the indictment, Demirovic, 46, of San Francisco at the time of the alleged offense and currently of Brentwood, and her co-conspirator, sent hundreds of malicious, deceptive, and abusive communications intended to sabotage the personal relationships, social reputation, academic life, and work prospects of her intended victims. The indictment describes how Demirovic’s co-conspirator dated three male teenagers between February 2016 and March 2018. In each case, after the relationship ended, Demirovic engaged in a campaign to punish the victims.
Demirovic’s first victim, identified in the indictment as 14-year-old Victim A, allegedly dated Demirovic’s co-conspirator for a few days in February 2016. Demirovic contacted the victim’s mother with intimidating messages and allegedly appeared at the victim’s school and asked students where she could find the victim. Demirovic found Victim A, accosted him, and threatened to “rip [his] f*cking heart out.”
Demirovic’s abuse escalated later in 2016. Victim B, a 15-year-old, dated Demirovic’s co-conspirator in spring 2016. In July and August 2016, Demirovic sent Victim B multiple series of text messages. Among other things, she allegedly said that Victim B should be “condemned” and that he was “awful human being.” Demirovic also threatened that her husband would find Victim B and that “it’s not going to look pretty.” The abuse continued in fall 2016 when Demirovic called Victim B’s employer and school to report, falsely, that Victim B was physically abusive, used drugs, and had alcohol problems. Administrators at Victim B’s high school barred Demirovic from campus. By October, Demirovic and her co-conspirator were using Instagram to mock the minor.
Demirovic’s abuse escalated yet again beginning in 2018. Demirovic’s co-conspirator dated Victim C for about ten months from May 2017 until March 2018. What followed allegedly was a 17-month campaign of cyberstalking by Demirovic and her co-conspirator in an effort to humiliate Victim C and destroy his social relationships. Among other acts, in May 2018, the co-conspirators began using social media accounts systematically to impersonate Victim C and others. By June 2018, dozens of friends had reached out to Victim C in confusion and concern.
Later messages from Demirovic included a complaint to Title IX officers at Victim C’s university alleging that he “harassed and stalked” girls. Demirovic also sent vulgar text messages to Victim C’s prom dates, promoted falsities about Victim C’s supposed drug use, and visited Victim C’s home.
The indictment describes the toll that Demirovic’s alleged conduct took on her victims.
• Victim A began skipping field trips and singing classes when he knew Demirovic might be present. He grew anxious, depressed, and fearful. He sought therapeutic help. His grades slipped so far that his parents considered withdrawing him from school.
• Victim B deleted his social-media accounts, curtailed his friendships, and changed his phone number. He could not sleep, saw his grades decline, and began seeing a therapist after experiencing feelings of helpless, fearfulness, and distress. His mother disallowed him from taking the bus and hired a private driver to transport him to school and soccer practice.
• Victim C suffered panic attacks, sought therapeutic help, abandoned social media, and changed his phone number. He suffered social ostracism and permanent damage to his personal relationships. The indictment describes Victim C as “traumatized” and “a changed person.”
Demirovic is charged with one count of cyberstalking, in violation of 18 U.S.C. § 2261A(2), and one count of conspiracy to commit cyberstalking, in violation of 18 U.S.C. § 371.
An indictment merely alleges that crimes have been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted of the cyberstalking count, the defendant faces a maximum sentence of five years in prison, and a fine of $250,000. If convicted of the conspiracy count, the defendant faces a maximum sentence of five years in prison, and a fine of $250,000. The court may also order an additional term of supervised release, restitution, and fines, however, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Demirovic was arrested at her home on April 16, 2021. She made her initial court appearance this morning before United States Magistrate Judge Jacqueline Scott Corley. She was released on April 19, 2021 on a bond. Her next court appearance is scheduled for April 27, 2021, at 3 p.m., before Judge Vince Chhabria, for purposes of arraignment or status conference.
Assistant U.S. Attorney Joseph Tartakovsky is prosecuting the case with assistance from Lance Libatique. The prosecution is the result of an investigation by the FBI.
Former Peckerwoods Motorcycle Club President Sentenced to 15 Years in Prison for Methamphetamine Trafficking ConspiracyRead the Press Release
Assistant U. S. Attorneys Matthew Brehm (619) 546-8983
NEWS RELEASE SUMMARY – April 19, 2021
SAN DIEGO – Steven Edwards Moncrief, a Temecula resident and former president of the Riverside chapter of the Peckerwoods Motorcycle Club, was sentenced in federal court today to 180 months in prison for participating in a conspiracy to distribute methamphetamine.
According to the government’s sentencing memorandum, Moncrief displayed symbols of hate on his clothing, motorcycle and in his home, including banners and stickers that said “Support Your Local White Boy” and “White Pride Worldwide,” and patches featuring Nazi SS Bolts - sentiments that are shared by the club.
“The trafficking of narcotics in our community to support a hateful ideology will not be tolerated,” said Acting U.S. Attorney Randy Grossman. “This conviction demonstrates that we will pursue our investigations past the foot soldiers of trafficking conspiracies to those who organize and manage the enterprises.”
Moncrief pleaded guilty in October of 2020. According to search warrants executed in this case, starting in December 2017, the FBI, working in conjunction with the San Diego County Sheriff's Department, started an operation to investigate methamphetamine distribution by multiple individuals in the San Diego area. The investigation included the use of court-authorized intercepts on cellular phones used by participants in the methamphetamine distribution conspiracy.
In his plea agreement, Moncrief admitted that, beginning in 2018, he conspired with others to distribute methamphetamine to individuals within the Southern District of California and beyond. Specifically, Moncrief obtained methamphetamine from other co-conspirators and sold it for a profit.
Moncrief admitted that he purchased 10 pounds of methamphetamine in July 2018 and that investigators thereafter located approximately 10 pounds of methamphetamine, three firearms, a large amount of U.S. currency, scales, and packaging material in a safe in the garage of his residence.
“Today’s sentence sends a message to those who choose to poison our streets through their life of crime,” said FBI Special Agent in Charge Suzanne Turner. “The San Diego FBI, along with our partners on the North County Regional Gang Task Force, are committed to keeping our communities safe, flushing out the leadership in these criminal organizations, and holding them accountable for their conspiratorial actions.”
According to the sentencing memorandum, the Peckerwoods Motorcycle Club was founded in early 2005 in East San Diego County and has chapters in California, Arizona, and Nevada. The organization of the Peckerwoods Motorcycle Club is similar to larger motorcycle clubs, including the Hells Angels MC and Mongols MC. Their structure consists of a president, vice president, sergeant at arms, secretary, treasurer, road captain, prospects, and hang-arounds.
The sentencing memorandum notes that, in response to the Hollister, California riot in 1949, the American Motorcycle Association stated that 99 percent of motorcyclists are law-abiding citizens, implying that “1%” of motorcyclists are outlaws. Some motorcycle clubs, including the Peckerwoods Motorcycle Club, wear a “1%” diamond patch to openly show their outlaw mentality. The “1%” diamond patch is only worn by dominant clubs, or by clubs that were awarded the patch from a dominant club by proving themselves as an outlaw and support club. The Peckerwoods Motorcycle Club were awarded or “blessed” with their diamond patch by the Hells Angles MC.
The sentencing memorandum states that Peckerwoods Motorcycle Club members have been convicted of multiple crimes including drug and weapons trafficking, possession of stolen property, and assault. Their current club president has pleaded guilty to a racially motivated assault that left an African-American man paralyzed. Members often display symbols of hate on their vests, or “cuts,” including Nazi SS Bolts and Swastikas.
Moncrief was one of 11 defendants charged with conspiring to distribute methamphetamine in an investigation led by the North County Regional Gang Task Force. The continuing investigation resulted in indictments against another 27 defendants in 2019 based on sales of methamphetamine and heroin. To date, 26 defendants have been arrested and pleaded guilty.
Grossman praised federal prosecutor Matthew Brehm, FBI agents and Sheriff’s detectives as well as the North County Regional Gang Task Force for their dedicated efforts in this investigation and prosecution.
On July 26, 2018, investigators executed a search warrant at Moncrief’s residence at Tanager Circle in Temecula, California, and located, among other items, approximately 10 pounds of methamphetamine, three handgun firearms (.40 Smith and Wesson, American Tactical “Fatboy,” and Ruger 9 mm), a large amount of U.S. currency, scales, and packaging material in a safe in the garage. The photographs above are a business card that was seized along with Moncrief’s drivers license during the execution of a search warrant at Moncrief’s residence. The business card, using Moncrief’s moniker “Scooter,” names him as president of the “Woodsside” Chapter and utilizes a handwritten Nazi Germany Schutzstaffel (SS) symbol (also known as SS Bolts) in place of S’s in “Woodsside.”
DEFENDANT Case Number 18cr5317-AJB
Stephen Edward Moncrief Age: 59 Temecula, CA
SUMMARY OF CHARGES
Conspiracy to Distribute Methamphetamine – Title 21, U.S.C., Sections 841(a)(1) and 846
Maximum penalty: life in prison; and a mandatory minimum 10 years in prison; and a $10 million fine.
AGENCIES
North County Regional Gang Task Force members:
FBI
San Diego County Sheriff’s Department
Escondido Police Department
Oceanside Police Department
Carlsbad Police Department
California Highway Patrol
California Department of Corrections and Rehabilitation
Homeland Security Investigations
Bureau of Alcohol, Tobacco, Firearms, and Explosives
California National Guard
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
[1] “Created by former Alabama Klan boss and long-time white supremacist Don Black in 1995, Stormfront was the first major hate site on the Internet. Claiming more than 300,000 registered members as of May 2015 (though far fewer remain active), the site has been a very popular online forum for white nationalists and other racial extremists.” See https://www.splcenter.org/fighting-hate/extremist-files/group/stormfront.
Former Orange County Social Worker Who Distributed Child Pornography Videos Sentenced to 8 Years in Federal PrisonRead the Press Release
SANTA ANA, California – A former social worker in Orange County was sentenced today to 96 months in federal prison for distributing computer video files that contained sexually explicit videos depicting children, including infants and toddlers.
Carlos Castillo, 62, of Santa Ana, was sentenced by United States District Judge Cormac J. Carney, who also ordered Castillo to pay $40,000 in restitution to his victims. Castillo, who was remanded into federal custody today, pleaded guilty on January 11 to a single-count information charging him with distribution of child pornography.
Castillo worked at Orange County’s Social Services Agency from May 2002 to January 2020. Beginning in August 2007, Castillo was a placement senior social worker whose responsibilities included assessing applicants’ suitability to provide care of children who are in protective custody, completing a home and grounds environment assessment, and placing children into homes.
In November 2019, Castillo knowingly distributed child pornography consisting of three video files to an undercover law enforcement official. Castillo, using the screen name “Ratster12” as a member of a child pornography group that used the LiveMe application, posted a link to another webpage containing three videos depicting prepubescent children, including infants and toddlers, who were being sexually assaulted by adults and other children.
Castillo admitted in his plea agreement that in January 2020 he possessed a Dell computer, two flash drives and an Apple iPhone that contained at least 1,027 videos and 914 images of child pornography. Castillo further admitted that he possessed videos of minors undressing that Castillo had recorded from LiveMe. In addition, he admitted to possession of pictures of minors in public without the authorization or knowledge of the minors or their parents.
“The victims (and their families) must live with the reality that images and videos of their childhood victimization will live on in the Internet forever,” prosecutors wrote in their sentencing memorandum.
The FBI investigated this matter.
Assistant United States Attorney Vibhav Mittal of the Santa Ana Branch Office prosecuted this case.
Former Health Care Staffing Company Executives Charged in Superseding Indictment with Wage Fixing and ObstructionRead the Press Release
Note: Click to view superseding indictment.
SHERMAN, Texas – A federal grand jury in Sherman, Texas, returned a superseding indictment charging two Texas men with engaging in wage fixing and obstructing a federal investigation, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Neeraj Jindal, the former owner of a Texas-based therapist staffing company, and John Rodgers, a physical therapist and the clinical director of Jindal’s company, are charged with conspiring to fix prices, in violation of the Sherman Act, and with conspiring to obstruct a Federal Trade Commission (FTC) investigation. Both defendants are also charged with obstruction of an FTC investigation.
According to the four-count superseding indictment, in 2017, Jindal, Rodgers, and their co-conspirators agreed to pay lower rates to certain physical therapists and physical therapist assistants in North Texas. Their company, in turn, paid the agreed lower rates for several months after entering into the agreement.
Jindal and Rodgers also conspired to obstruct an FTC investigation and to obstruct proceedings occurring before the FTC. In furtherance of the conspiracy, Jindal and Rodgers made false and misleading statements and withheld and concealed information during the FTC’s investigation to determine whether their company or other therapist staffing companies violated the Federal Trade Commission Act.
The superseding indictment follows an indictment returned against Jindal in December 2020 for violating the Sherman Act and obstructing an FTC investigation.
“Wage-fixing agreements are, at their core, an attempt to artificially rig the labor market to depress wages and deprive workers of competitive salaries and benefits,” said Acting U.S. Attorney Nicholas J. Ganjei. “The present charges demonstrate that the Department of Justice and its partner agencies will not stand by and allow the exploitation of American workers and the manipulation of the marketplace.”
“The charges announced today underscore the Antitrust Division’s ongoing commitment to enforcing antitrust laws, particularly when the victims are American workers who deserve the benefits of competitive wages, mobility, and competition among employers for their services,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department's Antitrust Division. “This prosecution also demonstrates how seriously we take our obligation to protect the integrity of investigations into anticompetitive conduct, whether those investigations are conducted by the Department of Justice or another agency.”
A violation of the Sherman Act carries a statutory maximum penalty of 10 years in prison and a $1 million fine for individuals. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than $1 million. The charged conspiracy to commit obstruction and obstruction offenses carry statutory maximum penalties of five years imprisonment and a $250,000 fine.
The charges in this case were brought in connection with the Antitrust Division’s ongoing commitment to prosecute anticompetitive conduct affecting American labor markets. Anyone with information on market allocation or price fixing by employers should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.
This case is being investigated by the Federal Bureau of Investigation’s International Corruption Unit and prosecuted by the Antitrust Division’s Washington Criminal I and II Sections with the assistance of United States Attorney’s Office for the Eastern District of Texas.
It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
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Final Defendant in Nine-Person Transnational Drug Trafficking Conspiracy SentencedRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Jesus Cortez (40) of Lansing, Michigan was sentenced by United States District Judge Paul L. Maloney to 137 months imprisonment for his role in a nine-person drug trafficking conspiracy. The drug trafficking conspiracy involved current and former inmates of the Michigan Department of Corrections procuring methamphetamine and heroin from Mexico and distributing the drugs in West Michigan and elsewhere. The conspiracy spanned eleven counties in Michigan, including Alger, Luce, Allegan, Berrien, Branch, Grand Traverse, Ingham, Kent, Muskegon, Ottawa, and Van Buren Counties. The conspiracy also involved the distribution of buprenorphine (Suboxone) and methamphetamine inside correctional facilities.
Eight of the nine defendants charged in the superseding indictment were convicted following guilty pleas. One defendant, Arnulfo Trevino, died of natural causes after his guilty plea but before sentencing. The defendants’ sentences are listed below:
Name Age Residence Sentence Luis Alberto Cruz 31 Detroit, Michigan 240 months Carlos Martinez a/k/a “Los” 41 Norton Shores, Michigan 240 months Umberto Gavier Cruz a/k/a “Diablo” 67 Covert, Michigan 66 months Emmanuel Alfonso Ventura a/k/a “E” 29 Grand Rapids, Michigan 72 months Rocky Joseph Krupa a/k/a “Rock” 47 Traverse City, Michigan 90 months Jesus Cortez 40 Lansing, Michigan 137 months Sarah Joy mcBride 32 Allegan, Michigan 37 months Cecil William Wallis 34 Twin Lake, Michigan 24 monthsTwo of the eight defendants convicted, Luis Cruz and Emmanuel Ventura, were serving sentences in the Michigan Department of Corrections (MDOC) throughout the conspiracy. Another three defendants – Carlos Martinez, Rocky Krupa, and Jesus Cortez –joined the conspiracy almost immediately upon release from prison. Further details of the investigation are available in the criminal complaints filed in United States v. Luis Alberto Cruz, No. 1:20-mj-00145 and United States v. Carlos Martinez, No. 1:20-mj-179.
In announcing the sentences, U.S. Attorney Birge stated, “The most troubling aspect of this conspiracy was the defendants’ use of the Michigan Department of Corrections as a recruiting center and distribution hub for a transnational drug conspiracy with ties to traffickers in Mexico. Through a strong partnership with our state and local law enforcement teams, my office will continue to prosecute those who jeopardize the security of Michigan’s correctional facilities by using them in their criminal enterprises. Those who choose to sell drugs during and after their release from prison will face harsh federal sentences, as is reflected in the judgments of the District Court.”
“Severing this connection to dangerous drug cartels is a big win for law abiding citizens across the state of Michigan,” said DEA Special Agent in Charge Keith Martin. “Investigations like this where drug dealers are arrested, convicted and sentenced to a lengthy federal prison sentence are only possible through collaboration with our law enforcement partners.”
“We are grateful for the partnership of the U.S. Attorney’s Office and for the national, state, and local law enforcement professionals who all worked together to help stop the trafficking of drugs both in our correctional facilities and our communities.” said MDOC Director Heidi Washington. “We would also like to recognize the incredible work of our own Emergency Management analysts, who worked tirelessly to gather evidence and provide translations that directly led to many of these indictments.”
The investigation and prosecution were part of an Organized Drug Enforcement Task Force (OCDETF) operation called Operation Prison Break. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The Drug Enforcement Administration, U.S. Customs and Border Protection, U.S. Postal Inspection Service, Michigan Department of Corrections, the Grand Traverse County Sheriff’s Office, and the Michigan State Police and its sponsored drug trafficking task forces, including the West Michigan Enforcement Team, the Southwest Enforcement Team, and the Traverse Narcotics Team investigated the case. Assistant United States Attorneys Vito S. Solitro and Stephanie M. Carowan prosecuted the case.
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Federal Jury Convicts Former Roane County Defense AttorneyRead the Press Release
KNOXVILLE, Tenn. – On April 19, 2021, a federal jury convicted Kent Lowery Booher, 64, of Harriman, Tennessee, a registered sex offender, of multiple sex crimes involving minors. Booher, a disbarred criminal defense attorney, was found guilty of enticing and attempting the enticement of a minor for sex, committing a sex crime with a minor while being a registered sex offender, sex trafficking of a child, and attempted production of child pornography. As a result of the convictions, the defendant faces a prison sentence of 25 years to life. Sentencing is scheduled for August 18, 2021, before the Honorable Thomas A. Varlan, United States District Judge.
The investigation began when an undercover investigation revealed that Booher, a convicted sex offender, began communicating on Facebook with an individual he believed to be a 14- year-old girl. Over a period of five days, Booher used Facebook, text messaging, and telephone calls to attempt to entice the individual to engage in sexual activity. On March 8, 2019, Booher was arrested by the 9th Judicial District Attorney’s Office and the Harriman Police Department while on the way to meet with a minor child.
Based upon the undercover investigation, a federal grand jury initially indicted Booher on federal charges of attempted enticement of a minor for sex and committing the enticement offense while required to register as a sex offender. Two months later, following additional investigation, the grand jury added three charges pertaining to Booher’s sexual exploitation of a 15-year-old child in 2012 and 2013.
The lead agency in this investigation was the 9th Judicial District Attorney’s Office. The Knoxville Police Department, Internet Crimes Against Children Task Force, Homeland Security Investigations, Lenoir City Police Department, Loudon County Sheriff’s Office, Harriman Police Department, Blount County Sheriff’s Department, Tennessee Department of Corrections, and U.S. Secret Service, assisted with the investigation.
Assistant U.S. Attorneys Jennifer Kolman and Frank M. Dale, Jr. represented the United States at trial.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about PSC, please visit www.projectsafechildhood.gov.
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Federal Jury Convicts Alamosa Man of Possession of Methamphetamine with Intent to DistributeRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that after a four-day jury trial, Felipe Nevarez, age 40, of Alamosa, Colorado, was convicted of Possession with Intent to Distribute Methamphetamine.
Facts presented at trial established that on April 3, 2019, deputies with the Alamosa County Sherriff’s Department encountered Nevarez driving a black BMW. At the time, Nevarez had several state warrants for his arrest. He evaded law enforcement, reversing the BMW at top speed down a rural driveway. Nevarez got out of the car and fled into an open field. After nearly forty-five-minutes searching, law enforcement found Nevarez hiding in a field within arm’s reach of a large bag of methamphetamine. Nevarez also had more than $16,000 in cash.
“Our office is committed to prosecuting drug distribution crimes anywhere in Colorado,” said Acting United States Attorney Matt Kirsch. “Together with our law enforcement partners in Alamosa, we have secured an important conviction in the fight against methamphetamine, an addictive and dangerous drug.”
“The conviction of Nevarez for his interstate narcotics trafficking activities is the result of cooperation among law enforcement to keep dangerous drugs like methamphetamine out of our communities.” said Steven Cagen, Special Agent in Charge, HSI. “HSI will continue to prioritize the investigation of drug traffickers who distribute illicit narcotics in Colorado and bring criminal activity to our rural neighbors.”
United States District Court Judge Robert Blackburn presided over the trial and will impose a sentence at a later date.
Homeland Security Investigations, the Alamosa County Sherriff’s Department, the Alamosa Police Department, and U.S. Immigration and Customs Enforcement conducted the investigation. Assistant United States Attorney Jeffrey Graves handled the prosecution.
Case number: 19-cr-00271-REB-JMC
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Elkhart, Indiana Man Sentenced to 9 Years in PrisonRead the Press Release
SOUTH BEND – Lafiamma Orona, age 33, of Elkhart, Indiana, was sentenced by United States District Court Judge Damon R. Leichty upon his plea of guilty to possession of stolen mail, mail fraud, aggravated identity theft, and felon in possession of a firearm, announced Acting U.S. Attorney Bell.
Orona was sentenced to 108 months of imprisonment followed by 2 years of supervised release.
According to documents filed in this case, during the spring of 2020, Orona stole mail from mailboxes near Elkhart, Indiana. The mail contained, checks, check books, debit and credit cards, and personal information of victims. Orona then forged checks, fraudulently used victims’ debit and credit cards, and opened new credit card accounts using victims’ stolen personal information. In May 2020, a description of the car stealing mail was broadcast to all local police departments. On May 6, 2020, the car was located in Bristol, Indiana. Orona was driving the car and possessed fake drivers’ licenses with his own photo and victims’ names, stolen checks and check books, other stolen mail items, a handgun holster and a box of ammunition. On the road nearby, police found a loaded handgun that was thrown out of the car. The following day, police searched a house in Michigan where Orona was residing. Police found more stolen mail items, stolen checks and check books, a printer with more fake drivers’ licenses, tools for forging checks, notebooks with victims’ personal information, handgun ammunition, and narcotics paraphernalia. In total, Orona had stolen items and checks valued at more than $226,000, stolen mail from approximately 46 victims, and the personal information of approximately 253 people.
The case was investigated by the United States Postal Inspection Service; Bureau of Alcohol, Tobacco, Firearms and Explosives; Elkhart County Sheriff’s Department; Bristol Police Department; Cass County Sheriff’s Department (Michigan); and Cassopolis Police Department (Michigan). This case was prosecuted by Assistant U.S. Attorney Luke N. Reilander.
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Elizabeth City Man Gets More Than 13 Years in Prison for String of Armed RobberiesRead the Press Release
RALEIGH, N.C. – An Elizabeth City man was sentenced today to 162 months in prison for three counts of Interference with Commerce by Robbery and Brandishing a Firearm in Furtherance of a Crime of Violence.
According to court documents, on October 22, 2019, Marcus Alexander Waldo, Jr., 20, robbed the Family Fare on U.S. Highway 17 South in Elizabeth City at gunpoint. He pointed a firearm at the clerk’s head and demanded money. The clerk complied and Waldo fled the store. A week later, on October 29, 2019, Waldo robbed the Dollar General on Oak Stump Road in Elizabeth City in a similar fashion. Waldo pointed a firearm at the store clerk, demanded money, and fled. On January 21, 2020, Waldo robbed the same Dollar General, again at gun point. Following the third robbery, law enforcement executed a search warrant at Waldo’s residence where they found clothing, gloves, and a mask which matched the description of the items Waldo wore during the robbery. Officers also found a firearm, ammunition, and several stacks of U.S. currency.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Federal Bureau of Investigation (FBI) and the Elizabeth City Police Department investigated the case and Assistant U.S. Attorney Robert J. Dodson prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 2:20-CR-29-D.
El Departamento de Justicia llega a un acuerdo con un distrito escolar de Arizona para proteger a los estudiantes que están aprendiendo inglésRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con el Distrito Escolar Unificado de Coolidge, el cual resuelve la investigación del Departamento de los programas del distrito escolar para sus estudiantes que están aprendiendo inglés. La investigación que el Departamento realizó del distrito halló fracasos por todo el sistema a la hora de proporcionar la enseñanza, los recursos y la capacitación de maestros que los estudiantes necesitan para dominar el inglés, lo que les dejó en dificultades académicas un año tras otro. El Departamento llevó a cabo su investigación en virtud de la Ley de Igualdad de Oportunidades Educativas («EEOA», por sus siglas en inglés) de 1974.
«Cada niño se merece la igualdad de oportunidades para tener éxito en la escuela. Cuando existen barreras lingüísticas, las escuelas tienen la obligación de esforzarse más por fomentar la igualdad de condiciones para los estudiantes», dijo Pamela S. Karlan, la Fiscal General Auxiliar Adjunta Principal de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia seguirá haciendo cumplir la ley para garantizar que los estudiantes que están aprendiendo inglés consigan la ayuda que necesitan para poder florecer en el aula. Felicitamos al distrito por haber firmado este acuerdo y esperamos colaborar con ellos para que los estudiantes del distrito que están aprendiendo inglés puedan realizar su potencial completo».
Conforme el acuerdo conciliatorio, el distrito expandirá la enseñanza lingüística para estudiantes que están aprendiendo inglés para que puedan dominar el inglés y comprender las tareas escolares en cada una de sus asignaturas académicas. Asimismo, el acuerdo requiere que el distrito capacite plenamente a sus maestros, que obtenga los materiales y currículos especiales que estudiantes que están aprendiendo inglés necesitan para su éxito académico y que evalúe activamente el progreso de los estudiantes. Por otra parte, el Departamento de Justicia supervisará la implementación del acuerdo por parte del distrito durante tres años escolares.
La aplicación de la EEOA es una de las prioridades principales de la División de Derechos Civiles del Departamento de Justicia. Para más información sobre la División de Derechos Civiles, puede visitar su sitio web en www.justice.gov/crt. Para más información sobre la labor de la Sección de Oportunidades Educativas, vaya a https://www.justice.gov/crt/educational-opportunities-section. Miembros del público también pueden informar de posibles vulneraciones de derechos civiles en https://civilrights.justice.gov/report/.
Eastern District of Louisiana commemorates 2021 National Crime Victim's Right WeekRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans joins the Department of Justice, the Office for Victims of Crime the Eastern District of Louisiana state and local law enforcement and communities nationwide in observing National Crime Victims’ Rights Week (NCVRW), celebrating victims’ rights, protections and services throughout the week. This year’s 40th anniversary of NCVRW observance takes place April 18-24 and features the theme, Support Victims. Build Trust. Engage Communities.
Since 1981, National Crime Victims’ Rights Week (NCVRW) is a time to renew our commitment to serving all victims of crime, to acknowledge the achievements in victim services and allied professions, to honor those who have gone above and beyond in their service to others, and to remember crime victims and survivors.
The Office for Victims of Crime selected the theme—Support Victims. Build Trust. Engage Communities. —that emphasizes the importance of leveraging community support to help victims of crime.
The faces of crime victims are those of our family, friends, neighbors, and community members. According to the most recent National Crime Victimization Survey from the Bureau of Justice Statistics, 1.2 million people were victims of violent crime excluding simple assault in 2019, a significant decrease from the year before. Now is the time to redouble our efforts so that victimization continues to decline, and fewer and fewer Eastern District of Louisiana residents become victims of crime. Our office will commemorate the advancement of victims’ rights and highlight issues surrounding victimization
In the Eastern District of Louisiana, the U.S. Attorney’s Office will team up with federal law enforcement, local law enforcement, judicial agencies and non-profit organizations to commemorate the week, through a combination of virtual and in-person activities. The challenges of COVID-19 will not hamper the efforts of victim advocates to seek justice, ensure victims’ rights and inspire hope for victims of crime.
“Annually, National Crime Victims’ Rights Week, provides the opportunity for law enforcement, judicial agencies, and direct service providers to reaffirm their commitment to assist and empower crime victims, said U.S. Attorney Evans. “It is imperative that crime victims know that collectively law enforcement and partners will continue to diligently investigate potential wrongdoing, prosecute criminal behavior and seek justice for victims.”
For events in Eastern District of Louisiana Parishes, please refer to the local law enforcement agencies websites for details. Please refer to the EDLA website for a listing of EDLA parishes https://www.justice.gov/usao-edla
For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ojp.gov/program/national-crime-victims-rights-week/overview.
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East Texas Individuals Guilty in Postal Crime SpreeRead the Press Release
TYLER, Texas – Two individuals have pleaded guilty to their involvement in postal offenses in Texas and Louisiana, announced Acting U.S. Attorney Nicholas J. Ganjei.
Paul Kennedy, 39, of Henderson, Texas, pleaded guilty to burglary of a United States post office; possession of stolen mail; possession of stolen money orders; damage to government property; theft of government property; and access device fraud today before U.S. Magistrate Judge K. Nicole Mitchell. Angela Moore, 37, of Longview, Texas, previously pleaded guilty to possession of stolen mail on March 4, 2021.
According to information presented in court, between the afternoon of Dec. 23, 2019 and the morning of Dec. 26, 2019, Kennedy burglarized post offices in Price, Texas; Bronson, Texas; Bon Wier, Texas; and Evans, Louisiana. He attempted to burglarize post offices in Newton, Texas, and Singer, Louisiana. At each location he burglarized, Kennedy stole mail, packages, and property belonging to the U.S. Postal Service (USPS). At the Price, Texas, and Bronson, Texas, post offices, Kennedy was able to gain access to the safes and steal money as well as USPS money orders. Moore accompanied Kennedy during the Price burglary and the Newton attempted burglary. Later, on Dec. 27, 2019, Kennedy attempted to use a debit card that he stole during the Evans burglary at the Margaritaville Casino in Shreveport, Louisiana.
“While the rest of us celebrated the Christmas season with our families and friends, these defendants pillaged, plundered, rifled, and looted post offices across East Texas and into Louisiana,” said Acting U.S. Attorney Nicholas J. Ganjei. “Thanks to the outstanding work of our law enforcement partners, post offices have been secured, and the defendants have been brought to justice.”
Kennedy and Moore were indicted by a federal grand jury in the Eastern District of Texas on June 18, 2020. Kennedy was also indicted by a federal grand jury in the Western District of Louisiana on June 17, 2020. Under federal statutes, Kennedy faces up to 10 years in federal prison and Moore faces up to five years. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the U.S. Probation Office.
This case was investigated by the U.S. Postal Inspection Service (USPIS) with the assistance of the Louisiana State Police, the Rusk County Sheriff's Office, the Sabine County Sheriff's Office, the Vernon Parish Sheriff's Office, and the Henderson Police Department, and was prosecuted by Assistant U.S. Attorney Nathaniel C. Kummerfeld for the Eastern District of Texas and Assistant U.S. Attorney John W. Nickel for the Western District of Louisiana.
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East Hartford Man Sentenced to 33 Months in Prison for Illegally Possessing Firearm and AmmunitionRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that DIONTE WILSON, 25, of East Hartford, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 33 months of imprisonment, followed by three years of supervised release, for illegally possessing a firearm and ammunition.
According to court documents and statements made in court, after a review of videos on social media websites identified Wilson as being in possession of several different firearms, members of the FBI’s Northern Connecticut Gang Task Force conducted multiple controlled purchases of marijuana from Wilson. On August 10, 2020, Wilson was arrested on state charges after he displayed a Taurus .380 caliber handgun following a controlled marijuana purchase. A subsequent search of Wilson’s residence revealed a loaded .380 caliber Taurus gun magazine and approximately 100 rounds of .22 caliber long rifle hollow point bullets. After he was released on bond in his state case, Wilson posted videos on social media of himself brandishing a firearm.
Wilson’s criminal history includes state convictions for narcotics and firearm offenses. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
Wilson has been detained since his federal arrest on September 9, 2020. On January 19, 2021, he pleaded guilty to one count of unlawful possession of a firearm by a felon.
This prosecution was brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone, and through Project Longevity, a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to violence. A critical component of the Project Longevity strategy is the “call-in,” a face-to-face meeting where Project Longevity partners engage group members and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it.
Wilson attended a call-in in December 2019 and did not pursue Project Longevity services that were offered to him.
The FBI’s Northern Connecticut Gang Task Force includes members of the Hartford Police Department, East Hartford Police Department, New Britain Police Department, West Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
This case is being prosecuted by Assistant U.S. Attorneys Kenneth L. Gresham and Michael J. Gustafson.
EDVA Commemorates the 40th Anniversary of National Crime Victims’ Rights WeekRead the Press Release
ALEXANDRIA, Va. – The U.S. Attorney’s Office for the Eastern District of Virginia joins communities nationwide in commemorating the 40th anniversary of National Crime Victims’ Rights Week (NCVRW) from April 18–24, 2021. This year’s theme, Support Victims. Build Trust. Engage Communities, emphasizes the importance of leveraging community support to help victims of crime.
“We are firmly committed to upholding victims’ rights as we protect the safety of our communities and pursue equal justice under the law in a broad range of criminal and civil matters across EDVA,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “From seeking justice for victims of terrorism, human trafficking, child exploitation, and other violent and white-collar crimes, to enforcing the Americans with Disabilities Act, vindicating the rights of military servicemembers and veterans, and securing restitution for the victims of financial fraud, we will stand with victims and ensure their voices are heard. This year’s theme for National Crime Victims’ Rights Week recognizes the importance of, and power in, all facets of the community—including stakeholders in the justice system, victim advocates, charitable organizations, faith-based groups, health care providers, and mental health professionals—standing together to ensure that victims of crime receive the services, healing, and justice they need and deserve.”
NCVRW is a time to renew our commitment to serving victims of crime, acknowledge achievements made in the victim services field, and remember crime victims and survivors. For more information about this year’s NCVRW and how to assist victims in your own community, please visit the National Crime Victims’ Rights Week website.
The Justice Department’s Office for Victims of Crime (OVC) leads communities throughout the country in their annual observances of NCVRW, during which victim advocacy organizations, community groups, and state, local, and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services.
In the Eastern District of Virginia, those events will include the following:
- A virtual training on Privacy, Protection, and Fairness: Why Crime Victims’ Rights Matter to Victims of Violence, hosted by the Virginia Department of Criminal Justice Services on April 20.
- The Unsung Heroes awards ceremony, hosted by the Virginia Office of the Attorney General on April 21 to recognize outstanding service and support to victims of crime in the Commonwealth. For more information about the event, please visit here.
- National Crime Victims’ Rights Candlelight Vigil & 2-Mile Walk, hosted by the Stafford Country Sheriff’s Office on April 23.
To commemorate the NCVRW this year, the U.S. Attorney’s Office for the Eastern District of Virginia is holding a clothing drive to donate garments and toiletries to a local non-profit organization that assists women and children in crisis. Additionally, among other initiatives led by the Victim-Witness Unit, EVDA is hosting speakers to raise awareness of victim issues.
On April 16, Acting U.S. Attorney Parekh hosted a virtual event in which Aloke Chakravarty, a former Assistant U.S. Attorney, discussed his experience prosecuting the Boston Marathon bombings case. The discussion also focused on the collaboration and coordination required to ensure that victims’ voices were heard during the investigation and resulting trial.
On April 23, Acting U.S. Attorney Parekh will host a virtual fireside chat with Tony West, who in his former role as the Justice Department’s Associate Attorney General (2012–2014) helped secure nearly $37 billion in fines and restitution for American victims in connection with the 2009 financial crisis.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Dubuque Man with Violent History Sentenced to Federal Prison for Possessing Stolen GunRead the Press Release
A Dubuque man was sentenced on April 16, 2021 to 78 months in prison for unlawfully possessing a stolen gun.
Christopher Nicholas Roth, age 39, from Dubuque, Iowa, received the prison sentence after a November 5, 2020 guilty plea to possession a firearm by a prohibited person.
Information disclosed at sentencing and at his plea hearing showed that, in April 2020, Roth became upset with a group of people and threatened at least one of them, causing the police to be called. When officers located Roth later, he was in possession of a loaded gun, which he had recently stolen from someone he knew. Roth admitted he was a user of methamphetamine and marijuana. Roth has 27 adult criminal convictions, including convictions for theft, attempted burglary, harassment, domestic abuse, and OWI. Fourteen of Roth’s prior convictions were committed while he was on probation for another offense. Seven of Roth’s prior convictions include physical violence or threatening others.
Roth was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Roth was sentenced to 78 months’ imprisonment. He was ordered to make payment of $100 to the special assessment fund. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Special Assistant United States Attorney Alex Geocaris and investigated by the Dubuque Police Department, the Dubuque Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-1014.
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Dominican National Pleads Guilty to Illegal Re-Entry After DeportationRead the Press Release
BOSTON – A Dominican national pleaded guilty on Friday, April 16 in federal court in Boston to illegally reentering the United States after being deported.
Danny Rivera Zorilla, 38, pleaded guilty to one count of illegal reentry into the United States after deportation. U.S. District Court Judge Indira Talwani scheduled sentencing for Aug. 25, 2021. Rivera Zorilla was indicted in February 2020.
Rivera Zorilla was arrested in 2010 and later convicted in Woburn District Court for distribution of cocaine. On March 19, 2013 he was deported to the Dominican Republic. Rivera Zorilla later reentered the United States illegally and was arrested in 2019 in Malden but released from custody. In September 2020, immigration agents located and arrested Rivera Zorilla on the charge in this case.
The charging statute provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. Rivera Zorilla will face deportation proceedings upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Todd Lyons, Field Office Director of Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Boston made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Mendell’s Major Crimes Unit is prosecuting the case.
Dominican National Indicted for Identity Theft, Theft of Public Money, Passport and Health Care FraudRead the Press Release
PROVIDENCE – A Dominican national living in Providence who, since at least 1994, allegedly used the stolen Social Security number and other personal identifying information of a person who lived in Puerto Rico and who subsequently passed away in September 2018, to fraudulently gain a U.S. passport and federally-funded food and health care benefits, has been indicted by a federal grand jury on charges of aggravated identity theft, passport fraud, and fraudulently obtaining publicly funded health care and food stamp benefits, among other charges.
According to court documents and information presented to the court, Diomedes Ramirez Rodriguez, 48, twice used the stolen personal identifying information when applying for and receiving U.S. Passports in June 2008 and June 2010. Rodriguez allegedly submitted several forms of ID in the name of the person from Puerto Rico, including a birth certificate and a photo ID depicting his own photograph. Both passports were later reported lost.
It is alleged that in March 2014, Rodriquez applied for and was approved to receive health care benefits from Rite Care, Rhode Island’s Medicaid Managed Care Program, in the name of the victim whose identity he allegedly stole. It is alleged that Rodriquez provided a Commonwealth of Puerto Rico birth certificate, a Rhode Island driver’s license, a U.S. Passport, and a Social Security card, all in the name of the identity theft victim. It is alleged that between September 2016 and August 2020, Rodriquez obtained $34,727.94 in medical, pharmaceutical, institutional, and dental services he was not entitled to receive.
It is further alleged that in March 2017, Rodriguez applied for and was approved to receive Supplemental Nutrition Assistance Program (SNAP) benefits, having provided a Commonwealth of Puerto Rico birth certificate, a Rhode Island driver’s license, a U.S. Passport, and a Social Security card all in the name of the person whose identity he allegedly stole. It is alleged that between March 2017 and May 2020, Rodriquez received $7,342.64 in SNAP benefits he was not entitled to receive.
It is further alleged that Rodriguez used the stolen identity and Social Security information to obtain Rhode Island driver’s licenses and a Rhode Island identification card.
On Friday, a federal grand jury returned an indictment charging Rodriguez with false representation of a Social Security number, health care fraud, aggravated identity theft, theft of public money, false representation of citizenship, and misuse of passport, announced Acting United States Attorney Richard B. Myrus; Jon Davidson, Special Agent in Charge of the Department of State’s Diplomatic Security Service, Boston Field Office; Acting Special Agent in Charge William S. Walker of Homeland Security Investigations’ Boston SAC Office; Scott E. Antolik, Special Agent in Charge of the Boston Field Office of the Social Security Administration, Office of the Inspector General/Office of Investigations; Bethanne M. Dinkins, Special Agent in Charge of the Northeast Region of the United States Department of Agriculture’s Office of Inspector General; and Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services’, Office of Inspector General’s Boston Field Office.
According to court records, Rodriguez, while allegedly using the stolen identity, was arrested in Florida, New York, and Rhode Island on at least 14 occasions, and convicted on, among other things, drug and stolen goods charges. Acting United States Attorney Myrus thanks the FBI for their assistance in linking Rodriguez to these prior arrests.
A federal indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.
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Disbarred Attorney Sentenced to 51 Months in Prison for Stealing 9/11 Victim Compensation FundsRead the Press Release
Audrey Strauss, United States Attorney for the Southern District of New York, announced that GUSTAVO L. VILA, a disbarred lawyer in New York, was sentenced today in White Plains federal court to 51 months in prison for stealing approximately $1 million that the Department of Justice’s 9/11 Victim Compensation Fund (“VCF”) had awarded to VILA’s client, a 9/11 first responder. VILA pled guilty on October 29, 2020, before U.S. District Judge Vincent L. Briccetti, who also imposed today’s sentence.
U.S. Attorney Audrey Strauss said: “Gustavo Vila stole money awarded by the 9/11 Victim Compensation Fund to his client, an NYPD officer and 9/11 first responder. Further, Vila lied to his client for more than three years, telling him that the stolen money had yet to be released by the Fund. Now Gustavo Vila has been sentenced to prison for his betrayal.”
According to the Complaint, the Information, and other court filings and statements made in open court:
In the wake of the September 11 terrorist attacks, Congress created the VCF to provide compensation with federal government funds to any individual who suffered physical harm or was killed as a result of the terrorist attacks, or as a result of the debris removal efforts that took place in the immediate aftermath of those attacks. The original VCF operated from 2001 to 2004. President Obama and President Trump reactivated the VCF, authorizing it to operate through October 2016, and December 2020, respectively. Claimants seeking compensation from the VCF were authorized to work with an attorney and have the attorney, on the claimant’s behalf, submit a claim to, and receive the claimant’s award from, the VCF. An attorney’s fees were limited to 10% of a VCF award.
From at least in or about 2012 through at least in or about 2019, VILA represented a retired New York City Police Department officer (“Victim-1”) in connection with Victim-1’s claim for compensation from VCF. Victim-1 was diagnosed with, and suffered from, serious, life-threatening medical conditions, including cancer, as a result of rescue and recovery work he performed at Ground Zero. Throughout his representation of Victim-1, VILA held himself out as an attorney to Victim-1 and to the VCF, despite the fact that in 2015, VILA was disbarred, after being convicted in Westchester County Supreme Court of grand larceny in the third degree, a felony, for stealing funds from another client.
Despite his disbarment, VILA continued to hold himself out as an attorney to Victim-1 and to the VCF and to represent Victim-1 in connection with his VCF claim. Victim-1, on VILA’s advice, authorized the VCF to deposit any money it awarded Victim-1 directly into VILA’s bank account. On or about September 13, 2016, the VCF authorized an award to Victim-1 of $1,030,622.04 for life-threatening illnesses Victim-1 had sustained from rescue and recovery work he performed as a police officer at Ground Zero. On or about October 12, 2016, the VCF deposited the full amount of Victim-1’s award – mover $1 million – into VILA’s bank account. At that point, VILA was required to distribute all of that money, less 10 percent for his purported attorney’s fees, to Victim-1. VILA, however, represented to Victim-1 that the VCF had only released 10 percent of the award, that is, approximately $103,062, which VILA sent Victim-1 on or about October 26, 2016. That is the only portion of the award that Victim-1 ever received. VILA stole the remaining 90 percent of the award – approximately $927,559.84 – and used those funds for his own personal benefit, including to pay his own taxes and personal loans. Over the next three-plus years, VILA continued to lie to Victim-1, repeatedly telling Victim-1 and his family that the VCF had not yet released the full amount of the award, when in fact, the entire award had been released for Victim-1’s benefit in October 2016.
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VILA, 62, of Yorktown Heights, New York, pled guilty to, and was sentenced on, one count of theft of government funds, in violation of Title 18, United States Code, Section 641. In addition to the 51-month prison term, VILA was sentenced to three years of supervised release and was ordered to forfeit $922,559.84, and to pay restitution to Victim-1 in the amount of $867,870.76.
Ms. Strauss praised the outstanding investigative work of the U.S. Department of Justice Office of the Inspector General's Fraud Detection Office.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Sarah L. Kushner is in charge of the prosecution.
Department of Justice (DOJ) and Washington Department of Children, Youth and Family Services Settle Claims of Americans with Disabilities (ADA) ViolationsRead the Press Release
Spokane – The Washington State Department of Children, Youth and Family Services (DCYF) will pay $300,000 and make sweeping changes to procedures for providing services to families where a parent or child is deaf or hard of hearing, announced Acting U.S. Attorney Joseph H. Harrington of the Eastern District of Washington and Acting U.S. Attorney Tessa M. Gorman of the Western District of Washington. The settlement follows an investigation of complaints by two Washington State families about DCYF’s Child Welfare Program (CWP).
“No individual should be denied or delayed access to public services because of a disability,” said Acting United States Attorney Joseph H. Harrington for the Eastern District of Washington. “Services provided by the State of Washington whether through DCYF or other important areas of civic life must comply with the ADA and its effective communication requirements. The ADA for over thirty years has strengthened our society and this settlement should serve as a stark reminder of why this landmark legislation is so important.”
“At every step communication is key to the relationship between a family facing challenges and social workers who are trying to protect and serve children,” said Acting U.S. Attorney Gorman. “It is critical whether in a home assessment, a supervised visit or a therapeutic service, that a parent who is deaf or hard of hearing be able to understand and communicate with a caseworker. DCYF has agreed to a path forward that will provide these critical services.”
According to the settlement agreement, DOJ found evidence that on more than 100 occasions between 2017 and 2019, the Child Welfare Program failed to provide appropriate auxiliary aids or services, including qualified sign language interpreters, for the complainant families. The communications included high stakes interviews during investigations regarding the possible termination of parental rights and during court-ordered treatments and counseling required for reunification with children.
The investigation by the U.S. Attorney’s Offices in both the Eastern and Western Districts of Washington determined that the failure to provide auxiliary aids and services, including qualified interpreters, denied the complainant families equal access to DCYF’s services, programs, and activities. This failure to provide qualified interpreters in a timely manner, meant that the complainant families were not provided communication that was as effective as the agency’s communications to people without disabilities. That is the standard set out in the Americans with Disabilities Act.
The investigation concluded that complainant families were frequently unable to participate fully in agency investigations, had unequal access to case resolutions options like mediation, and experienced delays in moving through court-ordered services such as counseling and drug treatment. DCYF employees also improperly relied on ineffective means of communication such as the use of note-writing for the parents whose primary language was ASL, or the use of family members to interpret instead of qualified interpreters. There was also evidence that the parents’ status as individuals who are deaf or hard of hearing and their legitimate requests for qualified interpreters resulted in caseworkers having a negative view about the willingness of such parents to cooperate in DCYF’s investigation.
DOJ concluded that the delays and barriers to access to DCYF’s services, including resolution of investigations and visitations with their children, caused significant emotional distress to the complainant parents and their children. The investigation also reflected that these problems were likely not limited to the complainant parents but reflected a more widespread inability to communicate effectively with families with members who are deaf or hard of hearing.
Under the terms of the settlement DCYF Child Welfare Program must devise and implement, with input by the U.S. Attorney’s Offices, new policies, practices, and procedures on how it will communicate effectively with constituents who have communication disabilities, including individuals who are deaf or hard of hearing. The new communications policies will follow the ADA requirements and will ensure there are a variety of resources, including appropriate auxiliary aids and services, for caseworkers to use in communicating with families. The new policy will prohibit the use of interpreters who are family members and children, as required by the ADA.
The settlement agreement also calls for DCYF to enter or maintain sufficient contractual arrangements across all the counties of Washington State to meet the expected needs for qualified interpreters. Video remote interpreting may be used following the ADA’s standards and requirements.
The settlement agreement further calls for publicizing the new communications plan, appointing an ADA coordinator, training employees on the new plan and ADA requirements, and keeping a log of when auxiliary aids and services, including interpreter services, are used. The log will be part of the information provided to the U.S. Attorney’s Offices to ensure DCYF remains in compliance with the settlement agreement.
Under the terms of the settlement, the $300,000 will be divided between the complainants in Eastern and Western Washington. Some of the money will be held in trust for two of the children whose reunification with their parents was delayed by a repeated lack of interpreters.
The Department of Children, Youth and Families cooperated fully in the investigation. The settlement was reached without DCYF admitting the conclusions or determinations made by the United States.
The investigation was conducted by Assistant United States Attorney Joseph Derrig of the Eastern District of Washington and Assistant United States Attorney Christina Fogg who serves as the Civil Rights Program Coordinator for the U.S. Attorney’s Office, Western District of Washington.
The U.S. Attorney’s Offices (in coordination with the Civil Rights Division of the United States Department of Justice) vigorously enforce federal civil rights laws throughout Washington. These laws prohibit discrimination, protect the constitutional rights of residents, and affirm equal opportunity for all.
DEA’s National Prescription Drug Take Back Day set for April 24, 2021Read the Press Release
BILLINGS – Acting U.S. Attorney Leif Johnson will join the Drug Enforcement Administration in support of the 20th National Prescription Drug Take Back Day on Saturday, April 24. The biannual event will be from 10 a.m. to 2 p.m. at sites across Montana. The event is an effort to rid homes of potentially dangerous, expired, unused and unwanted prescription drugs.
In addition to DEA’s National Drug Take Back Day on April 24, prescription drugs can be disposed of any day throughout the year at any of the 11,000 authorized collectors. For more information on collection sites, visit: https://apps2.deadiversion.usdoj.gov/pubdispsearch/spring/main?execution=e1s1.
This initiative addresses a vital public safety and public health issue. Medicines that languish in homes are highly susceptible to diversion, misuse and abuse. Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses from these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.
“The DEA’s Take Back Day is a great reminder to get rid of unneeded and expired prescriptions, not only on April 24, but also on any day of the year. Prescription drugs often end up in the wrong hands, fueling an epidemic of opioid deaths and overdoses. Montanans can help protect their families, friends and community by participating in the DEA Take Back event to safely dispose of unused prescription medications,” Acting U.S. Attorney Johnson said.
“We now face a national epidemic reaching every corner of America. Prescription medications often end up in the wrong hands, fueling an epidemic that kills more Americans than car accidents,” said DEA Montana Resident Agent in Charge Stacy Zinn-Brittain. “The power to make a difference starts at home, beginning with returning the unused, unwanted or expired medications that each American keeps in their homes.”
Information from the Centers for Disease Control and Prevention indicates that opioid overdose deaths have increased during the coronavirus pandemic. The CDC issued an alert in December indicating a significant increase in overdose deaths from August 2019 through Aug. 1, 2020, including concerning trends during the first months of the COVID-19 pandemic.
In the United States, 85,500 people died of an overdose in just one year, from August 2019 to August 2020. This is the largest number of drug overdoses on record in the country within a one-year period and a 27 percent increase in deaths year over year. While many of these deaths are attributed to synthetic opioids (fentanyl), and while the CDC is seeing a decline in deaths attributed to prescription opioids, there are still an alarming number of overdose deaths involving prescription opioids.
To keep everyone safe, collection sites will follow local COVID-19 guidelines and regulations. Given the ongoing COVID-19 public health emergency, DEA wants to ensure that the public is aware of other ways they can dispose of unwanted prescription drugs without having to leave their homes. More information is available at: https://takebackday.dea.gov/
During the last Take Back Day held on Oct. 24, 2020, DEA collected a record amount of drugs since the program began in 2010. With a total of 4,153 law enforcement participants at 4,587 collection sites, the event brought in a total weight of 985,392 pounds, or 492.7 tons, of drugs. This brings the total weight collected to 13.68 million pounds, or more than 6,842 tons, of prescription drugs collected in the history of the program. Collection results may include materials other than prescription drugs.
During the Oct. 24, 2020 event, Montanans turned in 2,251 pounds of prescription drugs at 20 collection sites.
For more information about the disposal of prescription drugs or about the April 24 Take Back Day event, go to www.DEATakeBack.com.
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Council Bluffs Woman Sentenced to Prison for Methamphetamine OffenseRead the Press Release
COUNCIL BLUFFS, IA – On April 19, 2021, United States District Court Chief Judge John A. Jarvey sentenced Destiny Marsh, age 21, of Council Bluffs, to 50 months in prison for possession of methamphetamine with the intent to distribute announced Acting United States Attorney Richard D. Westphal. Marsh was ordered to serve five years of supervised release to follow her prison term and pay a $100 to the Crime Victims’ Fund. There is no parole in the federal system.
On March 3, 2020, Marsh was found unresponsive in her motel room at the Deluxe Inn in Council Bluffs. The Council Buffs Fire Department was dispatched to the scene and upon arrival saw a large bag containing approximately 800 grams of methamphetamine and cash next to Marsh. She pleaded guilty to the offense on November 6, 2020.
This investigation was conducted by the Southwest Iowa Narcotics Task Force and the Council Bluffs Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Council Bluffs Woman Sentenced to Prison for Methamphetamine OffenseRead the Press Release
COUNCIL BLUFFS, IA – On April 12, 2021, United States District Court Judge Rebecca Goodgame Ebinger sentenced Lindsay Hurst, age 35, of Council Bluffs, to 126 months in prison for distributing methamphetamine announced Acting United States Attorney Richard D. Westphal. Hurst was ordered to serve five years of supervised release to follow her prison term and pay $100 to the Crime Victims’ Fund. There is no parole in the federal system.
In January and February 2020, Hurst sold methamphetamine to a confidential informant on three occasions - selling approximately 130.83 grams total of actual methamphetamine. Hurst pleaded guilty on November 20, 2020, to the methamphetamine charge.
This investigation was conducted by the Council Bluffs Police Department and Southwest Iowa Narcotics Task Force. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa
Connecticut Man Agrees to Plead Guilty to Stolen Firearms Offenses and Making False StatementsRead the Press Release
BOSTON – A Connecticut man agreed to plead guilty last week to a variety of charges in connection with stealing 17 firearms from a West Springfield gun shop and making false statements to federal agents.
Fernando Rivera, 24, of New Britain, Conn., was charged on Friday, April 16, 2021 with one count each of theft of firearm from a Federal Firearms Licensee; being a felon in possession of a firearm; interstate transportation of a stolen firearm; receipt, possession, concealment, storage, barter, sale, or disposition of a stolen firearm in interstate commerce; and making false statements to a federal official. A plea hearing has not yet been scheduled by the court.
In September 2020, Rivera was charged by criminal complaint, along with a co-defendant.
According to the charging documents, Rivera was a felon on state probation for a prior narcotics charge in Connecticut. Shortly after midnight on or about Aug. 29, 2020, Rivera and allegedly, his co-defendant engaged in a crime spree in Vermont, New Hampshire and Massachusetts that included seven ATM thefts and culminated in the theft of 17 firearms from a Federal Firearms Licensee in West Springfield, Mass.
On Sept. 18, 2020, federal agents arrested the two men at their homes in Connecticut.
The firearms charges each provide for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. The charge of making false statements provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division made the announcement. Special assistance was provided by the Massachusetts State Police; Springfield, Hadley, West Springfield, New Britain (Conn.) and Middletown (Conn.) Police Departments; Connecticut State Police; Connecticut Department of Correction; and Connecticut Judicial Branch Adult Probation. Assistant U.S. Attorney Steven H. Breslow of Mendell’s Springfield Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
City of Kenner Director of Inspection and Code Enforcement and City of New Orleans Assistant Chief Mechanical Inspector Charged with Use of an Interstate Facility with Intent to Carry on Unlawful ActivityRead the Press Release
NEW ORLEANS, LA – The U.S. Attorney’s Office announced today that JAMES MOHAMAD, 52, of Kenner, and BRIAN MEDUS, 44, of Covington, were charged in a 1-count indictment by a federal Grand Jury with violating Title 18, United States Code, Sections 371 and 1952(a)(3), conspiracy to use an interstate facility with intent to carry on unlawful activity.
According to the Indictment, MEDUS, the Assistant Chief Mechanical Inspector for the City of New Orleans, Safety and Permits Department, solicited and accepted bribe money from MOHAMAD, the Director of the Department of Inspection and Code Enforcement for the City of Kenner, in return for the issuance of fraudulent permits for MOHAMAD’s HVAC jobs. Throughout the course of the conspiracy, MOHAMAD paid MEDUS and others approximately $93,000 to further the bribery scheme. Defendant MEDUS utilized the City of New Orleans’ internet-based LAMA system, a facility of interstate commerce, to further the scheme.
If convicted, MEDUS and MOHAMAD face a maximum term of imprisonment of five (5) years, a fine of not more than $250,000, three years supervised release following any term of imprisonment, and a $100 special assessment fee.
The United States Attorney’s Office reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
“Public corruption occurs when anyone who works for the government, whether at the federal, state, or local level, conducts an official act in exchange for money, goods, or services. It also includes public employees who take something of value for their own personal gain. Mr. Mohamad and Mr. Medus both allegedly engaged in these bribery schemes thereby violating the public’s trust”, stated Bryan Vorndran, FBI New Orleans Special Agent in Charge. “I would like to thank the City of New Orleans Office of the Inspector General, the Metropolitan Crime Commission, and the U.S. Attorney’s Office for their partnerships in helping the FBI disrupt public corruption in Louisiana.”
Ed Michel, Interim Inspector General, City of New Orleans, stated “The New Orleans OIG will continue to ensure employees who utilize their public office for personal gain are held accountable for their actions.”
This matter was investigated by the Federal Bureau of Investigation and the City of New Orleans/Office of Inspector General. Assistance was provided by the Louisiana State Licensing Board for Contractors. Assistant United States Attorney Tracey N. Knight is prosecuting the matter.
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Cincinnati man charged with impersonating federal employee & agentRead the Press Release
CINCINNATI – A federal grand jury has charged a Cincinnati man with impersonating a federal employee and making fake IDs claiming he was a Special Agent with Homeland Security and an employee of the Defense Logistics Agency, which is the Department of Defense’s combat logistics support agency.
David Lomache, 61, was arrested by federal agents on April 16 and his case was unsealed today. He is scheduled to appear in federal court for a detention hearing at 1:30pm on Wednesday.
According to the indictment, Lomache fraudulently obtained a United States Federal Contractor badge in order to impersonate a civilian contractor technician for the Defense Logistics Agency.
In January of 2021, Lomache allegedly produced fake identification documents for both the Defense Logistics Agency and for Homeland Security Investigations (“HSI”).
He is charged with two counts of fraud in connection with identification documents, a federal crime punishable by up to 15 years in prison, and one count of impersonating a federal officer, which carries a potential maximum prison sentence of up to three years in prison.
Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio; Vance Callender, Special Agent in Charge, Homeland Security Investigations; and Hamilton County Sheriff Charmaine McGuffey announced the charges. Assistant United States Attorney Megan Gaffney Painter is representing the United States in this case.
Homeland Security Investigations has established a tip line for any additional victims. Anyone who believes they may be a victim of fraud in relation to this investigation is asked to call 866-347-2423 (TTY for hearing impaired: 802-872-6196) or visit the website at https://www.ice.gov/webform/ice-tip-form.
An indictment is merely an allegation, and the defendant is presumed innocent unless proven guilty in a court of law.
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Cedar Rapids Man Sent Back to Federal Prison for Escaping Halfway HouseRead the Press Release
A man who left a halfway house while still serving a federal term of imprisonment was sentenced on April 16, 2021, to another six months in federal prison.
Julius Marvell Sullivan, age 28, from Cedar Rapids, Iowa, received the prison term after a December 1, 2020 guilty plea to escape from custody.
On April 3, 2019, Sullivan was convicted of distribution of a controlled substance within a protected location and sentenced to thirty months’ imprisonment. In a plea agreement, Sullivan admitted that the Bureau of Prisons transferred him to a halfway house in June 2020 to serve out the remainder of his sentence. On October 7, 2020, Sullivan signed out of the halfway house and then failed to return as required. The United States Marshals Service arrested Sullivan inside a beauty shop on October 28, 2020.
Sullivan was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Sullivan was sentenced to 6 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Sullivan is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the United States Marshals’ Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-85.
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Canton Woman Sentenced for Role in BEC SchemeRead the Press Release
BOSTON – A Canton woman was sentenced on Friday, April 16, 2021 in federal court in Boston in connection with a business email compromise (BEC) scheme.
Bintu Toure, 26, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to one year and one day in prison, three years of supervised release, restitution and forfeiture. In January 2021, Toure pleaded guilty to wire fraud and money laundering conspiracy.
Toure conspired with others to open numerous bank accounts in Massachusetts in the name of sham companies, as part of a BEC scheme—a sophisticated scam often targeting businesses involved in wire transfer payments. The fraud is carried out by compromising and/or “spoofing” legitimate business email accounts through social engineering or computer intrusion techniques, to cause employees of the victim company (or other individuals involved in legitimate business transactions) to transfer funds to accounts controlled by the scammers.
Through the use of fraudulent invoices and spoofed email accounts, Toure conspired to trick the victims of the scheme into wiring hundreds of thousands of dollars to bank accounts under her control. Toure and her co-conspirators then transferred funds from the accounts on to others located overseas. Over the course of the scheme, victims wired over $600,000 to fraudulent bank accounts controlled by Toure and her co-conspirators.
Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement. Assistant U.S. Attorneys William B. Brady, of Mendell’s Criminal Division, and Jordi de Llano, Deputy Chief of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.
Bucks County Fluid-Dynamics and Software Development Company Agrees to Pay Almost $200k and Implement Compliance Improvements to Resolve Claims it Failed to Meet Federal Contract ObligationsRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Combustion Research and Flow Technology, Inc. (“CRAFT”) based in Pipersville, PA, has agreed to pay $192,586 and implement enhanced compliance measures to resolve claims arising from its administration of Small Business Innovation and Research (“SBIR”) contracts funded through the Department of Defense and the National Aeronautics and Space Administration (“NASA”). Concurrent with its settlement with the Department of Justice, CRAFT reached an administrative agreement with the Department of Defense in which CRAFT committed to enhancing its compliance practices relating to SBIR contracts and timekeeping.
Like all federal agencies, the Department of Defense and NASA seek to support American small businesses through the award of research and technology development contracts. Their SBIR contracts and those of other agencies form “America’s seed fund,” providing critical capital to small businesses across the United States to develop new technologies or products. These products can be commercialized to provide small businesses with revenue streams to maintain or expand their operations for years to come.
The settlement resolves claims that CRAFT proposed that work would be performed by particular individuals – including in some cases its principal investigator on the research – who then performed little or no documented work on the contract, and that CRAFT neither sought nor received permission to substitute personnel under these contracts. Principal investigators, particularly, are supposed to have frequent contact with research personnel and have the overall responsibility for managing each project’s finances, administration, and scientific and technical direction. The United States does not allege that there was any issue with the quality or functionality of the research or other output that CRAFT produced under these contracts.
"Federally contracted researchers must account accurately for their time so that the United States knows it has received the work for which it bargained. Timekeeping obligations are especially important for the principal investigators and other key personnel upon whose qualifications the contracts were awarded,” said Acting U.S. Attorney Williams. “Whether a contractor is a small business, a major university, or a Fortune 500 company, principal investigators need to ensure that the government knows who is doing the work, and any changes in personnel must be clearly communicated to the United States before being made.”
“The Defense Criminal Investigative Service (DCIS) is committed to protecting research and development programs funded by the U.S. Department of Defense,” said Patrick J. Hegarty, Special Agent in Charge of the DCIS Northeast Field Office. “Today's settlement agreement is the result of a joint investigative effort and demonstrates our commitment to work with the USAO-EDPA and our law enforcement partners to ensure that claims submitted on SBIR contracts are proper.”
“SBIR/STTR program participants must accurately represent that they meet and will abide by the program’s compliance requirements,” said Special Agent-in-Charge, Mark. J. Zielinski, Eastern Field Office, NASA Office of Inspector General (“NASA OIG”). “Identifying attempts to circumvent the program requirements is one step in safeguarding access to limited government resources. NASA OIG, along with its law enforcement partners, will continue to aggressively investigate individuals and entities to ensure that American taxpayers get the work for which they contracted.”
Acting United States Attorney Williams also praised CRAFT’s agreement to enhance its compliance program: “We commend CRAFT for reacting promptly to the government’s investigation, cooperating fully, and taking serious steps to ensure this issue never recurs. We hope the compliance measures it has undertaken will be a model for other grantees and contractors looking to meet their responsibilities to the United States.”
This investigation was conducted as part of the United States Attorney’s Office for the Eastern District of Pennsylvania’s Affirmative Civil Enforcement Strike Force’s grant fraud initiative with investigators from DCIS, NASA-OIG, the U.S. Army Criminal Investigation Command, the Naval Criminal Investigative Service, the Air Force Office of Special Investigations, and the Department of Homeland Security Office of Inspector General. Assistant United States Attorneys Paul W. Kaufman and Veronica J. Finkelstein of the Eastern District of Pennsylvania handled the investigation and settlement.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Brooklyn Man Charged with Molotov Cocktail Attack on NYPD OfficersRead the Press Release
A criminal complaint was filed today in federal court in Brooklyn charging Lionel Virgile with attempted arson by allegedly using an improvised incendiary device commonly known as a “Molotov Cocktail” to damage and destroy a New York City Police Department (NYPD) vehicle while police officers were inside the vehicle. Virgile was arrested on Saturday and made his initial appearance this afternoon before United States Magistrate Judge Robert M. Levy. The defendant was ordered detained pending trial.
Mark J. Lesko, Acting United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Dermot F. Shea, Commissioner, NYPD, announced the arrest and charges.
“As alleged, the defendant deliberately sought to severely injure an NYPD police officer by throwing bleach at his eyes and to ignite an NYPD vehicle with officers inside by hurling a lit Molotov cocktail at it," stated Acting United States Attorney Lesko. “This Office simply will not tolerate the intentional infliction of physical harm on NYPD officers while they are working to protect our communities.” Mr. Lesko thanked the Kings County District Attorney’s Office for their assistance with the investigation.
“Virgile’s alleged attack on members of the NYPD is yet another reminder of the danger law enforcement officers face on a daily basis—and today’s charges should serve as a reminder to all that this type of behavior will be met with a swift response. As Virgile has now learned, the federal charge he faces carries the potential for a lengthy federal prison sentence. The NYPD’s quick response in neutralizing this threat to the public is a testament to its professionalism and dedication to keeping our city safe,” stated FBI Assistant Director-in-Charge Sweeney.
“Attacks on uniformed police officers, as alleged in this federal complaint, are not only crimes against our sworn public servants but are unacceptable assaults on the fabric of society. I commend our NYPD officers and our partners in the FBI and the United States Attorney’s Office in the Eastern District of New York for working closely to ensure that Lionel Virgile, the accused assailant in this case, faces justice,” stated NYPD Commissioner Shea.
According to the complaint, in the morning of April 17, 2021, NYPD officers in a marked vehicle observed Virgile drive his Lincoln Town Car through a steady red traffic light at the intersection of Clarendon Road and East 45th Street in East Flatbush. When the officers approached Virgile’s car, he opened the driver side door and threw a cup containing a chemical substance in one of the NYPD officer’s eyes that was later determined to be bleach. The officer sustained chemical burns on his face and has since been discharged from the hospital. Virgile fled in the Lincoln Town car and was pursued by officers in another NYPD vehicle. Approximately 10 minutes later, Virgile pulled over, exited his Lincoln Town Car and threw a lit Molotov cocktail at the NYPD vehicle pursuing him. The Molotov cocktail struck the windshield of the NYPD vehicle and shattered on the sidewalk. The Molotov cocktail consisted of a glass beverage bottle containing gasoline and a cloth wick. The defendant subsequently crashed into a parked car on Snyder Avenue and was apprehended by the NYPD. Five additional Molotov cocktails and a red jerry can were found in Virgile’s Lincoln Town Car.
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Virgile faces up to 20 years’ imprisonment.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Sara K. Winik and Joy Lurinsky are in charge of the prosecution.
The Defendant:
LIONEL VIRGILE
Age: 44
Brooklyn, New YorkE.D.N.Y. Docket No. 21-MJ-483
Biographies of Panelists Participating in U.S. Attorney’s Virtual Town HallRead the Press Release
Miami, Florida – Tonight, the U.S. Attorney’s Office for the Southern District of Florida will be hosting a District-Wide, Virtual Town Hall Discussion starting at 6:00 p.m.
During the live-streamed, virtual conversation, Acting U.S. Attorney for the Southern District of Florida
Juan Antonio Gonzalez ; Harry Wallace, Counselor to the U.S. Attorney; Veronica Harrell-James, Senior Litigation Counsel, U.S. Attorney's Office; John J. Bernardo , Assistant Special Agent in Charge, FBI; Harold F. Pryor, Broward County State Attorney; Director Alfredo Ramirez, III, Miami-Dade Police Department; Chief Diane Hobley-Burney, Fort Pierce Police Department; Daniella Pierre, President, NAACP, Miami-Dade Chapter; Dr. Marcus D. Davidson , Senior Pastor, New Mount Olive Baptist Church will discuss the social justice issues we currently confront. Rilwan Adeduntan, Deputy Chief, International Narcotics & Money Laundering Section at the U.S. Attorney’s Office will moderate the discussion. Please click on the panelists’ names to review their biographies.The public can join the town hall by visiting http://bit.ly/usaotownhall. If prompted, the meeting ID is 199 372 5333 and the password is townhall.
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Berkeley and Jefferson County residents sentenced for drug conspiracyRead the Press Release
MARTINSBURG, WEST VIRGINIA –Two Eastern Panhandle residents were sentenced today for their roles in a drug conspiracy that spanned several states, Acting United States Attorney Randolph J. Bernard announced.
Braheem Jamal Gilbert, of Martinsburg, West Virginia, was sentenced today to 37 months of incarceration. Gilbert, also known as “Slick,” 31, pled guilty in November 2020 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Heroin, Fentanyl, and Cocaine Base.” Gilbert admitted to working with others to distribute heroin, fentanyl, and cocaine base from January 2019 to September 2019 in Berkeley and Jefferson Counties and elsewhere.
Duane Curtis Jackson, of Shenandoah Junction, West Virginia, was sentenced today to 40 months of incarceration. Jackson, also known as “Duke,” 28, pled guilty in November 2020 to one count of “Possession with Intent to Distribute Heroin and Fentanyl.” Jackson admitted to having heroin and fentanyl in March 2019 in Jefferson County.
This case is the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.
Assistant U.S. Attorney Lara Omps-Botteicher and Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, prosecuted the cases on behalf of the government. The FBI; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms & Explosives; and the Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.Original press release here: https://www.justice.gov/usao-ndwv/pr/25-charged-six-state-drug-conspiracy-involving-heroin-fentanyl-cocaine
Baytown Man Guilty of Cocaine TraffickingRead the Press Release
BEAUMONT, Texas – A Baytown, Texas man has pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Fernando Salcido, 46, pleaded guilty to conspiracy to possess with intent to distribute cocaine today before U.S. Magistrate Judge Keith F. Giblin.
“The Eastern District of Texas is committed to attacking drug trafficking organizations at every level,” said Acting U.S. Attorney Nicholas J. Ganjei. “We will aggressively investigate and prosecute those who would try to harm our communities.”
According to information presented in court, from August 2018 through October 2019, Salcido was a member of a cocaine trafficking and money laundering operation. The investigation included the seizure of a 12-kilogram shipment of cocaine being sent to Salcido within the false compartments of a vehicle. Law enforcement also seized $54,100 in currency from a courier who had been transporting the proceeds at Salcido’s direction.
A federal grand jury returned an indictment charging Salido on Oct. 7, 2020. Under federal statutes, Salido faces up to life in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the U.S. Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Michael Anderson.
Battle Creek Man Sentenced to Federal Prison for Receiving Child PornographyRead the Press Release
A man who received child pornography was sentenced April 14, 2021, to more than 11 years in federal prison.
Russell Roy Wilson, age 30, from Battle Creek, Iowa, received the prison term after an August 3, 2020, guilty plea to one count of receipt of child pornography.
In a plea agreement, Wilson admitted that between November 2016 and October 2018, in the Northern District of Iowa, he knowingly received visual depictions of minors engaged in sexually explicit conduct using a cell phone. During the execution of a search warrant at Wilson’s residence on or about October 18, 2018, officers seized items belonging to Wilson which after forensic examination were found contain child pornography. Wilson has failed to comply with the sex offender registry guidelines on a number of occasions.
Wilson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Wilson was sentenced to 135 months’ imprisonment. He was ordered to make $12,000 in restitution. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Wilson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and investigated by The Iowa Internet Crimes Against Children Task Force, the Iowa Division of Criminal Investigation, and Ida County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-4043.
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