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Tuesday 2 March 2021
Elizabethtown Man Sentenced to 25 Years in Federal Prison for Child ExploitationRead the Press Release
LOUISVILLE, KY. – Matthew Alexander Lyons, 34, of Elizabethtown, Kentucky, was sentenced by United States District Judge David J. Hale yesterday to 25 years in prison followed by a life term of Supervised Release for multiple counts of online enticement of a minor, production of child pornography, sex trafficking of minors, and distribution and possession of child pornography, announced Acting United States Attorney Michael A. Bennett. There is no parole in the federal system.
“The defendant targeted and exploited vulnerable victims and will now spend more than two decades in federal prison and upon release be under close federal supervision for the rest of his life – a substantial sentence and strong message to others who consider engaging in similar conduct,” stated Acting U.S. Attorney Bennett. “As a result of the outstanding work and dedication of AUSA Lawless, the Kentucky Attorney General’s Office, the Radcliff Police Department, the Elizabethtown Police Department, and the United States Secret Service, Kentucky kids are safer and our citizens once again well-served by the men and women of law enforcement.”
“We have no higher calling than to protect our children, and this sentence should send a message that the exploitation of our youngest citizens will not be tolerated in the Commonwealth,” said Attorney General Cameron. “Law enforcement at every level worked together to investigate and prosecute these heinous crimes, and I’m grateful for the unwavering commitment of Acting U.S. Attorney Bennett, our Department of Criminal Investigations Investigator Mike Littrell, the Elizabethtown and Radcliff Police Departments, and the U.S. Secret Service to pursue justice on behalf of the victims.”
According to the Plea Agreement and other Court documents, in April of 2020, the Radcliff Police Department received a call from a grandparent who reported that at least one minor was posting on social media about engaging in sexual activity with an adult in exchange for money. A Radcliff PD Detective interviewed two 14-year-old boys, seized their mobile devices, and was granted consent to search those devices by the minors’ legal guardians. Based on initial investigative steps, the Radcliff PD Detective identified Lyons as the adult with whom the two boys had engaged in sexual activity in exchange for money. Lyons had a prior conviction in 2008 in Hardin District Court case 08-F-00401 for attempted prohibited use of electronic communication system to procure a minor for sex, a violation of K.R.S. § 510.155(1). The Detective obtained and executed a Kentucky state search warrant to seize and search Lyons’s mobile device and subsequently asked for help with review of the devices from the Kentucky Attorney General’s Office Department of Criminal Investigations (DCI).
A DCI Detective conducted a review of Lyons’s Apple iPhone 11 Pro Max. The DCI Detective found more than 1,500 image and video files that were identified as known child sexual abuse material stored in a pin-code protected application in a “Frequently Used” folder on Lyons’s iPhone’s main screen. The images were stored in more than 250 categorized folders.
Further examination of Lyons’s iPhone confirmed Lyons’ communication with at least one 14-year-old boy on a social media app. On or about April 1, 2020, Lyons traveled to a convenience store and met two 14-year-old boys. Lyons picked up the boys in his 2017 Chevrolet Silverado truck and drove them to a Dollar General parking lot where sex acts occurred, and videos were taken, in exchange for money.
During the review of Lyons’s iPhone, the DCI Detective also located a chat conversation from February 16, 2020, between Lyons and a 16-year-old boy. During the conversation, Lyons requested, and the boy sent, two photos and two videos of himself engaged in sexually explicit conduct. Another chat conversation between Lyons and an adult, Robert Alan Thompson, showed that Lyons sent Thompson two photos of actual minors engaged in sexually explicit conduct and revealed the two men discussing their mutual sexual interest in boys.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Kentucky Office of Attorney General’s Department of Criminal Investigations and Radcliff Police Department conducted the investigation, with assistance from the United States Secret Service and Elizabethtown Police Department.
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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."
El Distrito Escolar del Condado de Charleston Acuerda Facilitar El Acceso Lingüístico a Padres Cuyo Dominio del Inglés es LimitadoRead the Press Release
El Departamento de Justicia anunció hoy su acuerdo de conciliación con el Distrito Escolar del Condado de Charleston, el cual resuelve su investigación de quejas que acusaban al distrito escolar de no comunicar información esencial a miles de padres hispanoparlantes cuyo dominio del inglés es limitado («LEP», por sus siglas en inglés), lo que denegó el acceso pleno e igualitario de sus hijos a los programas y servicios educativos del Distrito. La División de Derechos Civiles y la Fiscalía Federal para el Distrito de Carolina del Sur llevaron a cabo la investigación en virtud del Título VI de la ley de Derechos Civiles de 1964 y la ley de Igualdad de Oportunidades Educativas de 1974.
La investigación de Estados Unidos halló que, en muchas ocasiones, el Distrito no usa intérpretes cualificados para comunicarse con padres y tutores legales hispanoparlantes LEP, incluso cuando su necesidad de un intérprete esté documentada o que de otra forma sea evidente. Por otra parte, Estados Unidos halló que el Distrito no traduce información escrita esencial al español de una manera consistente, y pide a padres que solamente pueden comunicarse en español, que tomen decisiones importantes sobre programas y servicios escolares sin explicarles las opciones de una forma adecuada, en un idioma que entienden.
«Para el bien del éxito de los estudiantes en la escuela y más allá, es fundamental empoderar a los padres y tutores legales con la información que necesitarán para tomar parte de una forma significativa en la educación de sus hijos. Debemos seguir luchando por asegurar que todos los padres tengan esta oportunidad, independientemente de su nacionalidad de origen o competencia en el idioma inglés», declaró Pamela S. Karlan, la Principal Fiscal General Auxiliar Adjunta de la División de Derechos Civiles. «Nos alienta el compromiso y la cooperación por parte del Distrito Escolar del Condado de Charleston y estamos deseando seguir trabajando con el Distrito para implementar este acuerdo y cumplir con su compromiso a tratar a todos los estudiantes y padres del Distrito por igual».
«Se debe felicitar al Distrito Escolar del Condado de Charleston por su colaboración en esta investigación y por su compromiso con sus estudiantes, padres y tutores legales», afirmó el Fiscal Federal en funciones para el Distrito de Carolina del Sur, M. Rhett DeHart. «La Fiscalía Federal está deseando seguir colaborando con el distrito escolar mientras intente servir como ejemplo para otros distritos en lo que se refiere a la provisión plena e igualitaria de acceso a información».
El Distrito cooperó en cada paso de la investigación y se comprometió a mejorar sus prácticas mediante una revisión de sus políticas y el desarrollo profesional. El acuerdo de conciliación requiere que el Distrito use intérpretes y traductores cualificados para comunicarse con padres acerca de asuntos que son esenciales a la educación de sus hijos y que deje de depender de miembros familiares, personal no capacitado y estudiantes para tales fines. Asimismo, el Distrito brindará a padres LEP acceso a documentos e información sobre las ofertas de distintos programas, entre ellos los servicios de educación especial, en un idioma que entienden. Más aún, el acuerdo requiere que el Distrito preste estos servicios de traducción e interpretación a padres y tutores legales LEP en cada una de sus 80 escuelas y programas.
Conforme al acuerdo, el Distrito:
- Implementará políticas y procedimientos eficaces y capacitará a sus empleados para que las escuelas puedan identificar correctamente y comunicarse de modo significativo con padres y tutores legales LEP;
- Asegurará que todos los padres y tutores legales, a sabiendas, den su consentimiento para programas y servicios educativos para sus hijos o que los renuncien; y
- Se comunicará con padres y tutores legales LEP antes de celebrar reuniones relacionadas con la educación especial para notificarles de su derecho a tener un intérprete cualificado en la reunión y una versión traducida de documentos relacionados con la educación especial, sin costo alguno al padre/tutor legal.
La ejecución del Título VI de la ley de Derechos Civiles de 1964 y la ley de Igualdad de Oportunidades Educativas de 1974 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 del Departamento de Justicia, 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/.
Download Acuerdo Charleston.pdf
El Distrito Escolar del Condado de Charleston Acuerda Facilitar El Acceso Lingüístico a Padres Cuyo Dominio del Inglés es LimitadoRead the Press Release
El Departamento de Justicia anunció hoy su acuerdo de conciliación con el Distrito Escolar del Condado de Charleston, el cual resuelve su investigación de quejas que acusaban al distrito escolar de no comunicar información esencial a miles de padres hispanoparlantes cuyo dominio del inglés es limitado («LEP», por sus siglas en inglés), lo que denegó el acceso pleno e igualitario de sus hijos a los programas y servicios educativos del Distrito. La División de Derechos Civiles y la Fiscalía Federal para el Distrito de Carolina del Sur llevaron a cabo la investigación en virtud del Título VI de la ley de Derechos Civiles de 1964 y la ley de Igualdad de Oportunidades Educativas de 1974.
La investigación de Estados Unidos halló que, en muchas ocasiones, el Distrito no usa intérpretes cualificados para comunicarse con padres y tutores legales hispanoparlantes LEP, incluso cuando su necesidad de un intérprete esté documentada o que de otra forma sea evidente. Por otra parte, Estados Unidos halló que el Distrito no traduce información escrita esencial al español de una manera consistente, y pide a padres que solamente pueden comunicarse en español, que tomen decisiones importantes sobre programas y servicios escolares sin explicarles las opciones de una forma adecuada, en un idioma que entienden.
«Para el bien del éxito de los estudiantes en la escuela y más allá, es fundamental empoderar a los padres y tutores legales con la información que necesitarán para tomar parte de una forma significativa en la educación de sus hijos. Debemos seguir luchando por asegurar que todos los padres tengan esta oportunidad, independientemente de su nacionalidad de origen o competencia en el idioma inglés», declaró Pamela S. Karlan, la Principal Fiscal General Auxiliar Adjunta de la División de Derechos Civiles. «Nos alienta el compromiso y la cooperación por parte del Distrito Escolar del Condado de Charleston y estamos deseando seguir trabajando con el Distrito para implementar este acuerdo y cumplir con su compromiso a tratar a todos los estudiantes y padres del Distrito por igual».
«Se debe felicitar al Distrito Escolar del Condado de Charleston por su colaboración en esta investigación y por su compromiso con sus estudiantes, padres y tutores legales», afirmó el Fiscal Federal en funciones para el Distrito de Carolina del Sur, M. Rhett DeHart. «La Fiscalía Federal está deseando seguir colaborando con el distrito escolar mientras intente servir como ejemplo para otros distritos en lo que se refiere a la provisión plena e igualitaria de acceso a información».
El Distrito cooperó en cada paso de la investigación y se comprometió a mejorar sus prácticas mediante una revisión de sus políticas y el desarrollo profesional. El acuerdo de conciliación requiere que el Distrito use intérpretes y traductores cualificados para comunicarse con padres acerca de asuntos que son esenciales a la educación de sus hijos y que deje de depender de miembros familiares, personal no capacitado y estudiantes para tales fines. Asimismo, el Distrito brindará a padres LEP acceso a documentos e información sobre las ofertas de distintos programas, entre ellos los servicios de educación especial, en un idioma que entienden. Más aún, el acuerdo requiere que el Distrito preste estos servicios de traducción e interpretación a padres y tutores legales LEP en cada una de sus 80 escuelas y programas.
Conforme al acuerdo, el Distrito:
- Implementará políticas y procedimientos eficaces y capacitará a sus empleados para que las escuelas puedan identificar correctamente y comunicarse de modo significativo con padres y tutores legales LEP;
- Asegurará que todos los padres y tutores legales, a sabiendas, den su consentimiento para programas y servicios educativos para sus hijos o que los renuncien; y
- Se comunicará con padres y tutores legales LEP antes de celebrar reuniones relacionadas con la educación especial para notificarles de su derecho a tener un intérprete cualificado en la reunión y una versión traducida de documentos relacionados con la educación especial, sin costo alguno al padre/tutor legal.
La ejecución del Título VI de la ley de Derechos Civiles de 1964 y la ley de Igualdad de Oportunidades Educativas de 1974 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 del Departamento de Justicia, 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/.
Eight Defendants Indicted for $4.1 Million Meth ConspiracyRead the Press Release
KANSAS CITY, Mo. – Eight defendants have been indicted by a federal grand jury for their roles in a $4.1 million conspiracy to distribute more than 520 kilograms of methamphetamine.
Tina Marie Bailey, 36, and Martin Lee Williams, 58, both of Kansas City, Mo.; Mark Williams Hildebrand II, 31, and Harry Richard Watson Jr., also known as “Ricky,” 35, of St. Joseph, Mo.; Derek Sean Freese, 53, Carl Dewey Williams, 47, and Angeliqua Teresa Collins, 35, all of Moberly, Mo.; and Joshua Lee Laws, 44, of Unionville, Mo., were charged in a five-count indictment returned under seal by a federal grand jury in Kansas City, Mo., on Feb. 23, 2021. The indictment has been unsealed and made public following the arrests and initial court appearances of several defendants this week.
Collins, Laws, and Watson were arrested today. Martin Williams was arrested on Monday, March 1. The remaining defendants were already detained in state custody in separate and unrelated cases.
The federal indictment alleges that all eight defendants participated in a conspiracy to distribute methamphetamine from Jan. 1, 2017, to Feb. 22, 2021. The indictment also alleges that all eight defendants participated in a related money-laundering conspiracy.
In addition to the conspiracy counts, Bailey, Freese, Laws, Carl Williams, and Martin Williams are charged together with one count of possessing firearms in furtherance of crimes of violence and drug-trafficking crimes. Freese, Carl Williams, and Martin Williams are also charged together in one count of being a felon in possession of firearms and ammunition. Bailey and Laws are also charged together in one count of being a drug user in possession of firearms and ammunition.
The firearms cited in the indictment include a Smith & Wesson 9mm semi-automatic handgun with a magazine containing 16 live rounds with one round in the chamber; a Tisas 9mm
semi-automatic handgun, a Mossberg 12-gauge shotgun, a Smith & Wesson .380-caliber semi-automatic handgun, a Taurus 9mm semi-automatic handgun, a Ruger .45-caliber semi-automatic handgun, a High-Point 9mm semi-automatic handgun, a Smith & Wesson .40-caliber, semi-automatic handgun, a Taurus 9mm semi-automatic handgun, a Ruger 9mm semi-automatic handgun, a Smith & Wesson .40-caliber semi-automatic handgun, a Taurus 9mm semi-automatic handgun, a Ruger 9mm semi-automatic handgun, and various other firearms identified by witnesses, including those traded for methamphetamine.The indictment also contains a forfeiture count, which would require the defendants to forfeit to the government $4,160,000, which allegedly was received in exchange for the unlawful distribution of more than 520 kilograms of methamphetamine, based on an average street price of $8,000 per kilogram. The defendants must also forfeit the firearms that were seized by law enforcement officers during the investigation.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Bruce Rhoades. It was investigated by the Kansas City, Mo., Police Department, the FBI, the Buchanan County, Mo., Sheriff’s Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration.
OCDETF
This case is part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program. The OCDETF program is the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.Drug User Who Illegally Possessed a Gun Sentenced to ProbationRead the Press Release
A man who illegally possessed a firearm as a drug user was sentenced March 1, 2021, to five years’ probation.
Treyton Mims, age 21, from Cedar Rapids, Iowa, received the prison term after a September 22, 2020 guilty plea to being a drug user in possession of a firearm. Evidence during the case established that during a traffic stop, police found Mims in possession of a 9mm firearm. Mims also admitted to being a marijuana user.
Mims was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Mims was sentenced to 5 years’ probation.
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.
Goad 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 Lisa C. Williams and investigated by the Marion Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-cr-0053.
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Columbus Convicted Felon Sentenced to Serve 14 Years in Prison for Attempting to Sell Meth in Harris County, GeorgiaRead the Press Release
COLUMBUS, Ga. – A Columbus man with a lengthy criminal history was sentenced to serve 168 months in federal prison for attempting to distribute a half-kilo of methamphetamine, said Peter D. Leary, the Acting U.S. Attorney for the Middle District of Georgia.
Jeffery McBride, 40, of Columbus, was sentenced by to serve 168 months in prison to be followed by three years of supervised release by U.S. District Judge Clay D. Land after previously pleading guilty to possession of methamphetamine with intent to distribute. There is no parole in the federal system.
“With this sentencing, repeat violent offenders and drug traffickers operating in the Middle District of Georgia can clearly see the punishment that comes with federal prosecution—lengthy prison time without parole,” said Acting U.S. Attorney Leary. “I want to thank both the Harris County and Muscogee County Sheriff’s Offices and the DEA for their tremendous partnership working to bring federal cases against the most disruptive offenders in the region.”
“For all dealers trying to come into Harris County—we do not condone drug trafficking, and we have the combined strength of local, state and federal law enforcement working together to stop such activity. This 168-month federal prison sentence sends a strong message that our partnership is paying dividends toward a safer community,” said Harris County Sheriff Mike Jolley.
“The Muscogee County Sheriff’s Office is committed in working with our local, state, and federal partners to work every case from the beginning to the end, without let-up. I am pleased to see Acting U.S Attorney Peter D. Leary seeking federal prosecution. This is huge! This will send a loud message to those involved in criminal activity within the Middle District of Georgia to let them know federal prosecution is headed their way. Great job Harris County Sheriff’s Office, Muscogee County Sheriff’s Office, DEA, and the United States Attorney’s Office for the Middle District of Georgia,” said Muscogee County Sheriff Greg Countryman.
“This ‘meth’ trafficker, who is a convicted felon, was caught because of the joint efforts between DEA and its law enforcement counterparts,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. “Mr. McBride will now spend well-deserved time in prison and his sentencing makes the Columbus, Georgia community a safer place to live.”
Investigators with the Harris County Sheriff’s Office, Muscogee County Sheriff’s Office and DEA arranged a controlled buy of “ice” methamphetamine from McBride on September 20, 2019. McBride initially told undercover officers (UC) he had one kilogram of methamphetamine to sell, but later messaged the UC that he had one-half of a kilogram of methamphetamine remaining to sell. The controlled buy occurred at a gas station in Fortson, Georgia (Harris County). The defendant was taken into custody in possession of 498.73 grams of methamphetamine. Inside the vehicle, officers discovered a loaded Glock 22 handgun. McBride was previously convicted of attempted burglary and identity fraud (2014), possession of cocaine with intent to distribute (2008), robbery and possession of a firearm by a felon (2000), and two counts of burglary (1999), all in the Superior Court of Muscogee County, Georgia.
The investigation was conducted as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/archives/projectguardian.
The case was investigated by the Harris County Sheriff’s Office, the Muscogee County Sheriff’s Office and DEA. The case was prosecuted by Assistant U.S. Attorney Christopher Williams. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Clinton, PA Man Charged with Possession of Child Pornography following Pennsylvania State Police InvestigationRead the Press Release
PITTSBURGH - One resident of Clinton, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of possession of material depicting the sexual exploitation of a minor, Acting United States Attorney Stephen R. Kaufman announced today.
The one-count Indictment named Roderick T. Long, 56, as the sole defendant.
According to the Indictment, on or about March 9, 2020, Long possessed visual depictions, namely still images and videos in computer graphics and digital files, the production of which involved the use of minors, some of whom had not attained the age of 12 years, engaging in sexually explicit conduct.
The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
The Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Clay County Man Sentenced to 196 Months for Distribution and Possession of Child PornographyRead the Press Release
LONDON, KY. - A Manchester man, Richard Scott Smith, 45, was sentenced on Tuesday to 196 months in federal prison, by U.S. District Judge Claria Horn Boom, for one count of distribution and one count of possession of child pornography. Smith was further ordered to pay $31,000 in restitution to his victims.
In his plea agreement, Smith admitted to distributing sexually explicit images of an 8-year-old female via the Skout application. Skout is a social networking application. Judge Boom held that Smith’s conduct involved children as young as 3-years-old and involved more 1,200 images under the United States’ Sentencing Guidelines. Smith has two prior convictions for assault, and a federal conviction for transporting undocumented aliens within the United States.
Smith pled guilty in October of 2020.
Under federal law, Smith must serve 85 percent of his prison sentence. Smith will be under the supervision of the U.S. Probation Office for 10 years, following his release.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky and James Robert Brown, Jr., Special Agent in Charge, FBI, Louisville Field Office, jointly announced the sentence.
The investigation was conducted by the FBI London Office. The U.S. Attorney’s Office was represented by Assistant U.S. Attorney Jenna E. Reed.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Cibolo Businessman Admits to Defrauding High School StudentsRead the Press Release
In San Antonio today, 46-year-old George Alberto Barragan of Cibolo admitted that he stole money from high school students who paid him for group travel opportunities to celebrate their graduations, announced U.S. Attorney Ashley C. Hoff and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Appearing before U.S. Magistrate Judge Elizabeth Chestney, Barragan pleaded guilty to one count of mail fraud. According to court records, Barragan owned and operated several travel agencies, including EB Worldwide, Exhibit Tours and Senior Grad Trips. He was the sole individual in charge of negotiating and contracting with customers as well as booking and arranging travel accommodations for large groups. Victim groups would pay Barragan by check or through an online payment portal to book the trips for them. Once in possession of victims’ funds, Barragan would make reservations and provide confirmations and itineraries to victims purporting to show that desired travel arrangements had been made.
Prior to travel, however, Barragan would cancel reservations and have the refunds deposited into his bank account. Barragan never notified his victims of the cancellations. In fact, he kept communicating with them after he cancelled their trips, informing them that their travel was still taking place. In at least two instances, large groups of students arrived at the designated time and location to begin their trip, only to find out that their trip had been cancelled.
By pleading guilty, Barragan admitted to perpetrating his scheme on no less than six different high school student groups between May 2015 and June 2018, resulting in an approximate total loss of at least $150,000.
Barragan, who remains on bond, faces up to 20 years in federal prison for mail fraud. Sentencing is scheduled for May 19, 2021, before U.S. District Judge Xavier Rodriguez in San Antonio.
The FBI investigated this case. Assistant U.S. Attorney Justin Chung is prosecuting this case on behalf of the government.
Chicago Man Charged in Federal Court with Inciting Rioting Last SummerRead the Press Release
CHICAGO — A Chicago man has been charged in federal court with inciting rioting involving multiple incidents of property damage and looting in the city last summer.
JAMES MASSEY, 22, is charged with one count of using a facility of interstate commerce to incite a riot. According to a criminal complaint filed in U.S. District Court in Chicago, Massey on Aug. 9, 2020, posted multiple videos and messages on Facebook calling for people to travel to downtown Chicago to engage in property damage and looting, the complaint states. In the early morning hours of Aug. 10, 2020, numerous individuals damaged and looted retail stores, predominantly in downtown Chicago and the city’s Near North Side.
Massey was arrested this morning on the federal charge. He made an initial court appearance this afternoon before U.S. Magistrate Judge Sunil R. Harjani and was ordered released on bond with electronic monitoring and subject to a curfew. A preliminary hearing was scheduled for March 18, 2021, at 1:30 p.m.
The complaint was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI; and David Brown, Superintendent of the Chicago Police Department. The government is represented by Assistant U.S. Attorneys Jordan Matthews and Sheri L. Wong.
The investigation was jointly conducted by the Chicago Police Department and FBI.
According to the complaint, Massey sent Facebook messages to numerous individuals directing them to meet at a certain location in Chicago to travel together to the downtown area. Several people responded to the messages throughout the night to discuss, among other things, the location of property damage and looting activity, the complaint states. In one of the messages, a Facebook user allegedly stated to others in the group, “We like 13 cars deep.”
One of the locations discussed in the Facebook messages was a marijuana dispensary in the 900 block of West Weed Street on the Near North Side of Chicago. At approximately 1:00 a.m. on Aug. 10, 2020, several individuals broke into the dispensary by smashing a window with tools they had retrieved from the trunk of Massey’s vehicle, which was parked in the dispensary’s parking lot, the complaint states.
Another incident cited in the complaint occurred at a retail store in the 800 block of North Michigan Avenue in Chicago. At approximately 1:25 a.m. on August 10, 2020, Massey approached the store with a tire iron while another individual broke a store window, the complaint states. Massey and several others entered the store, stole numerous coats, and returned to Massey’s vehicle, the complaint states. Shortly thereafter, an individual allegedly wrote to the Facebook group, “We just hit the [partial name of retail store].”
Massey and others later looted a convenience store in the city’s South Loop neighborhood after individuals broke windows to gain entry and then broke display counters inside, the complaint states. Shortly before 6:00 a.m., Massey and several others looted a cell phone store in the West Loop neighborhood after offenders broke the side door of the store to gain entrance, the complaint states.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Inciting a riot is punishable by a maximum sentence of five years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Cheektowaga Man Charged with Engaging in Sexual Acts with A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Mesko, 50, of Cheektowaga, NY, was charged by criminal complaint with enticement of a minor and production of child sexual abuse. The charges carry a minimum penalty of 15 years in prison and a maximum of life in prison.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that according to the complaint, the defendant was arrested by the North Tonawanda Police Department on February 4, 2021, after it was discovered that he had been engaging in repeated sexual acts with the 17-year-old Victim. Mesko communicated with the Victim on social media applications, including Snapchat and TextNow, obtained naked images, constituting child pornography, of the Victim, and enticed the Victim into sexual contact. Investigators conducted a search of the Victim’s iPad and discovered conversations between the defendant and the Victim dating back to October 8, 2020.
Mesko will make an initial appearance this afternoon at 3:00 p.m. before U.S. Magistrate Judge Michael J. Roemer.
The complaint is the result of an investigation by the North Tonawanda Police Department, under the direction of Chief Thomas Krantz; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Charleston County School District Agrees to Provide Language Access for Limited English Proficient ParentsRead the Press Release
Today the Justice Department announced a settlement agreement with the Charleston County School District to resolve its investigation into complaints that the school district failed to communicate essential information to thousands of Spanish-speaking, limited English proficient (LEP) parents, denying their children full and equal access to the district’s education programs and services. The Civil Rights Division and the U.S. Attorney’s Office for the District of South Carolina conducted the investigation under Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974.
The United States’ investigation found that the district often fails to use qualified interpreters to communicate with Spanish-speaking, LEP parents and guardians, even when their need for an interpreter is documented or otherwise evident. The United States also found that the district does not consistently translate essential written information into Spanish, and asks parents who can only communicate in Spanish to make important decisions about school programs and services without explaining the options in a language they understand.
“Empowering parents and guardians with the information necessary to meaningfully participate in their children’s education is critical to students’ success in school and beyond. We must continue the work to ensure that all parents have this opportunity, regardless of national origin or English proficiency.” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “We are encouraged by the Charleston County School District’s commitment and cooperation and look forward to continuing to work with the district to implement this agreement and fulfill its promise of equal treatment for all of the district’s students and their parents.”
“The Charleston County School District should be commended for its cooperation with this investigation and for its commitment to its students, parents and guardians,” said Acting U.S. Attorney M. Rhett DeHart for the District of South Carolina. “The U.S. Attorney’s Office looks forward to continue working with the school district, as it strives to be a model for other districts in providing full and equal access to information.”
The district cooperated at every stage of the investigation and committed to improving its practices through revised policies and professional development. The settlement agreement requires the district to use qualified interpreters and translators to communicate with parents about matters essential to their children’s education and to cease relying on family members, untrained staff and students for such purposes. The district will also provide LEP parents with access to documents and information about program offerings, including special education services, in a language they understand. The agreement requires the district to provide these interpretation and translation services for LEP parents and guardians at each of its 80 schools and programs.
Under the agreement, the district will:
- Implement effective policies and procedures and provide employees with training so that schools properly identify and meaningfully communicate with LEP parents and guardians;
- Ensure that all parents and guardians knowingly consent to or decline educational programming and services for their children; and
- Contact LEP parents and guardians prior to holding special education-related meetings to notify them of the right to have a qualified interpreter at the meeting and translated special-education related documents, at no cost to the parent/guardian.
The enforcement of Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974 is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and 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/.
Capitol Heights Man Pleads Guilty to Manufacturing and Passing Counterfeit CurrencyRead the Press Release
Greenbelt, Maryland – Ricco Darnell Taylor, age 32, of Capitol Heights, Maryland, pleaded guilty today to manufacturing and passing counterfeit currency.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner and Special Agent in Charge Matthew S. Miller of the United States Secret Service - Washington Field Office.
According to his guilty plea, from at least 2017 to December 2019, Ricco Darnell Taylor, conspired with others, including co-defendants Keara Davis and Deon Jones, to manufacture and pass counterfeit currency. Taylor manufactured the counterfeit currency using a printer at his home. Taylor gave the counterfeit currency to his co-conspirators or occasionally sold it. Taylor and his co-conspirators took the counterfeit currency to retailers in the area, where they used it to purchase merchandise. The conspirators subsequently returned the merchandise and received genuine currency.
During a search warrant executed by law enforcement on March 23, 2018, at the residence Taylor and Davis shared, officers recovered cell phones, three counterfeit $100 bills, gift cards, receipts from a victim retailer, linen copy paper, a printer, a scale and baggies, two shell casings, and a .38-caliber revolver. The linen copy paper was a type commonly used in counterfeit operations and subsequent testing by the United States Secret Service established that the ink contained in the printer’s ink cartridge was indistinguishable from ink analyzed from various counterfeit notes in this case.
The Secret Service collected evidence from dozens of instances in which Taylor and his co-conspirators passed counterfeit currency. For example, on June 19, 2019 Taylor purchased one package of diapers for $26.49 using one counterfeit $100 bill. The next day, Taylor returned the diapers, as well as some items purchased by Jones, in exchange for genuine currency. The Secret Service recovered eight counterfeit $100 bills used by Taylor and his co-conspirators during transactions on June 19, 2019, as well as video recordings and receipts reflecting their criminal activity.
On July 26, 2019 and October 10, 2019, officers conducted traffic stops on vehicles operated by Taylor. In the first instance, Taylor attempted to run away, but was apprehended. His vehicle was then searched, and officers recovered 18 counterfeit $100 bills, as well as Taylor’s cell phone, which contained text messages indicative of passing counterfeit bills. In the second instance, Taylor again ran away and attempted to discard counterfeit currency into a trash can. Law enforcement searched the trash can and recovered 13 cut counterfeit $100 bills displaying the same serial number, 27 pages of uncut $20 bills displaying three repeating serial numbers, and a key to the vehicle from which Taylor fled. Taylor’s fingerprints were subsequently found on the first three pages of the uncut counterfeit $20 bills.
In total, Taylor and his co-conspirators are responsible for passing between $95,000 and $150,000 in counterfeit currency. As part of his plea agreement, Taylor will be required to pay restitution in the full amount of the victims’ losses, which the parties agree is at least $95,000.
Taylor faces a maximum sentence of five years in federal prison for conspiracy to pass counterfeit currency and a maximum of 20 years in federal prison for manufacturing counterfeit currency. U.S. District Judge Theodore D. Chuang has scheduled sentencing for June 4, 2021 at 2:30 p.m.
Deon Kelsey Jones, age 30, of Temple Hills, Maryland, and Keara Unique Davis, age 29, of Capitol Heights, Maryland, previously pleaded guilty to their roles in the conspiracy. Judge Chuang has scheduled sentencing for Jones on March 23, 2021, and for Davis on June 2, 2021. Charges remain pending against a third co-defendant.
Acting United States Attorney Jonathan F. Lenzner commended the U.S. Secret Service for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorneys Morgan Michael and Dana J. Brusca, who are prosecuting the case.
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Camden County jail inmate admits providing drugs that caused fellow inmate's overdose deathRead the Press Release
BRUNSWICK, GA: An inmate at the Camden County Detention Facility has admitted providing the drugs resulting in another inmate’s death by overdose.
Joshua Swing, 36, of Woodbine, Ga., pled guilty in U.S. District Court to Distribution of Fentanyl, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. The charge carries a possible penalty of up to 20 years in prison, and there is no parole in the federal system.
“The law enforcement and medical community face an unprecedented fight against the epidemic of opioid abuse, and synthetic opioids like fentanyl add fuel to that raging inferno,” said Acting U.S. Attorney Estes. “The corrupting influence of illegal narcotics distribution makes it especially disturbing that this deadly poison was provided to a jail inmate by another inmate.”
The investigation began May 17, 2020, when an inmate at the Camden County Detention Facility, identified in court documents as J.D., was found unresponsive in his cell. J.D. later died, and a subsequent autopsy found that his cause of death was acute fentanyl toxicity. Swing admitted he provided the fentanyl J.D. consumed.
Swing previously was convicted in April 2018 in state court in Nassau County, Fla., for sale of methamphetamine.
“I was honored that our agency was able to investigate this case and bring it to conclusion on behalf of the people of Camden County and Sheriff Jim Proctor, and perhaps bring a sense of closure for the people involved,” said Lowndes County Sheriff Ashley Paulk.
The case is being investigated by the Lowndes County Sheriff’s Office at the request of the Camden County Sheriff’s Office, and is being prosecuted for the United States by Assistant U.S. Attorneys Matthew Josephson and E. Greg Gilluly Jr.
Buffalo Man Pleads Guilty to Being A Felon in Possession of A Gun and AmmunitionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Denzel Robinson a/k/a Sparks, 27, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to being a felon in possession of a firearm and ammunition. The charge carries carry a minimum penalty of 10 years in prison, and a $250,000 fine.
Assistant U.S. Attorneys Michael J. Adler and Charles E. Watkins, Jr., who are handling the case, stated that on April 28, 2020, the Buffalo Police Department executed a search warrant at the defendant's residence on Sun Street in Buffalo and recovered a .22 caliber rifle and multiple rounds of ammunition. In June 2018, Robinson was convicted in Erie County Court of bail jumping and is legally prohibited from possessing a firearm and ammunition.
The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for June 29, 2021, at 2:00 p.m. before Judge Sinatra.
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Broken Arrow Man Pleads Guilty to Fraudulently Applying for Paycheck Protection Program Forgivable LoanRead the Press Release
A Broken Arrow man pleaded guilty today for fraudulently applying for a Paycheck Protection Program forgivable loan guaranteed by the Small Business Administration under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, announced Acting U.S. Attorney Clint Johnson.
Rafael Maturino, 40, of Broken Arrow, pleaded guilty to bank fraud after executing a scheme to defraud First Bank of Owasso when applying for a Paycheck Protection Program loan under false pretenses on April 28, 2020. As part of the plea, the United States and Maturino agreed to a sentence of 12 months and one day of imprisonment and restitution in the amount of $97,800 to be paid to First Bank of Owasso. U.S. District Judge Claire V. Eagan will make the final sentencing determination at a hearing set for June 1, 2021.
“Small businesses employ millions of Americans and are the backbone of our communities. The Paycheck Protection Program is designed to assist legitimate small business owners keep their doors open and Americans employed during the current pandemic,” said Acting U.S. Attorney Clint Johnson. “This office along with the Federal Reserve Board Office of Inspector General, Small Business Administration Office of Inspector General, and the FBI will continue to bring fraudsters, like Maturino, to justice.”
Maturino applied for a Paycheck Protection Program loan on behalf of a company he claimed to own and operate, Maturino Enterprises, Inc. Maturino submitted forms that misrepresented the company’s payroll expenditures, amount of taxes paid, and the number of people employed.
In his plea agreement, Maturino admitted that he falsely represented in a Paycheck Protection Program “Borrower Application Form” submitted to First Bank of Owasso that Maturino Enterprises had an average monthly payroll of $39,152.92; had 5 employees; and was in operation on February 15, 2020. He further represented that he would use the requested loan funds to retain workers and maintain payroll or make mortgage interest payments, lease payments, and utility payments, as specified under the Paycheck Protection Program Rule. Maturino then signed the application form certifying the information was truthful.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the Paycheck Protection Program (PPP). In April 2020, Congress authorized over $300 billion in additional PPP funding, and in December 2020, Congress authorized another $284 billion in additional funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. Paycheck Protection Program loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set period and use a certain percentage of the loan towards payroll expenses.
The Board of Governors of the Federal Reserve System and Bureau of Consumer Financial Protection Office of Inspector General; Small Business Administration Office of Inspector General; and FBI are the investigative agencies. Assistant U.S. Attorney Victor A.S. Régal is prosecuting the case.
Boise Man Sentenced to 15 Years for Transportation of a Minor with Intent to Engage in Criminal Sexual Activity and Receipt of Child PornographyRead the Press Release
BOISE – Robert William Havery, 40, of Boise, was sentenced in U.S. District Court to 180 months in federal prison for transportation of a minor with intent to engage in criminal sexual activity and receipt of child pornography, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Chief U.S. District Judge David C. Nye also ordered Havery to serve five years of supervised release following his prison sentence. Havery pleaded guilty to the charge on June 29, 2020.
According to court records, Havery began communicating online and via text message with a 14-year-old girl living in Junction City, Oregon in December 2016. For three years, Havery’s communications with the minor were sexual in nature, and included Havery expressing his sexual attraction to the minor, and desire to meet with her and have sex. During the communications, the minor produced images of her engaged in sexually explicit conduct and sent them to Havery.
On December 7, 2019, Havery drove from Idaho to Oregon, picked the minor up, and drove her back to his residence in Boise. While at his residence, Havery and the minor engaged in sexual contact. On December 10, 2019, officers with the Boise Police Department received information that the minor victim was missing from her home in Oregon and may be with Havery in Boise. When officers arrived at Havery’s residence in Boise, they discovered the minor victim unclothed in Havery’s bed. Both Havery and the minor victim later admitted to engaging in sexual contact at Havery’s residence.
As a result of his conviction, Havery will be required to register as a sex offender.
This case was investigated by the Federal Bureau of Investigation and the Boise Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Birmingham Man Sentenced to 20 Years in Prison for Carjacking and RobberyRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Birmingham man to federal prison for carjacking and for robbing a business engaged in interstate commerce, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Judge Annemarie Carney Axon sentenced ALBERT WARD, III, to 240 months in prison after he pleaded guilty in September 2020 to carjacking, use of a firearm during the carjacking, and an unrelated robbery of a business. As a result of his guilty plea, Ward received concurrent sentences of 156 months on the carjacking and the robbery. He received a mandatory minimum 84-month consecutive sentence for using a firearm to commit the carjacking. Ward had multiple prior felony convictions in state court, including convictions for Robbery First Degree, and Assault First Degree, arising from a burglary in 2012.
On the morning of December 6, 2018, Ward used a pistol to carjack a female shopper outside a retail establishment in Hoover, Alabama. On the evening of December 8, 2018, Ward robbed a convenience store in northeast Jefferson County, beating the store clerk with a screwdriver and taking the cash register before fleeing. Blount County Sheriff’s deputies apprehended Ward approximately an hour later when they responded to a call of a suspicious motorist who had run out of gas. Those deputies arrived to find Ward driving off after generous citizens put gas in his vehicle. Having just received a be-on-the-lookout bulletin that matched the driver and vehicle pulling away from them, the deputies quickly pulled Ward over and took him into custody. The cash register was found in weeds near where Ward’s vehicle ran out of gas. Jefferson County Sheriff’s investigators contacted Hoover Police a few days later after realizing that Ward fit the description of the Hoover carjacker. The carjacking victim subsequently identified Ward as the perpetrator after a Hoover detective showed her a photographic lineup.
“We were able to prosecute these cases because of great investigative work by all the law enforcement agencies involved,” U.S. Attorney Escalona said. “The Jefferson County Sheriff’s Office quickly responded to the robbery scene, reviewed the security video and issued the alert to other agencies. The Blount County Sheriff’s Office recognized the vehicle and suspect as matching the robbery alert. The Hoover Police Department worked its case to develop an accurate description of the suspect.”
“We are pleased to take another dangerous individual off the street,” SAC Sharp said. “The cases that we pursue federally often start with dedicated efforts by local law enforcement, this case is an excellent example of law enforcement cooperation.”
FBI investigated the case along with the Hoover Police Department, the Blount County Sheriff’s Office, and the Jefferson County Sheriff’s Office. Assistant U.S. Attorney Alan Baty prosecuted the case.
Bergen County Man Admits Filing 18 Phony Tax Returns to Obtain Tax RefundsRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man today admitted filing 18 fraudulent tax returns in victims’ names to obtain tax refunds to which he was not entitled, Acting U.S. Attorney Rachael A. Honig announced.
Emmanuel A. Barrientos-Fermin, 33, of Tenafly, New Jersey, pleaded guilty by videoconference before U.S. District Judge Claire C. Cecchi to an indictment charging him with one count each of conspiracy to commit wire fraud, access device fraud, and aggravated identity theft.
According to documents filed in this case and statements made in court:
Barrientos-Fermin admitted that from January 2020 through February 2020, he and others conspired to use stolen personal identifying information (PII) to submit fraudulent tax returns in victims’ names to obtain tax refunds without the victims’ knowledge or consent. A conspirator (CC-1) obtained falsified Social Security cards, driver’s licenses, birth certificates and W-2 forms bearing the victims’ stolen PII. The conspirator provided the documents to Barrientos-Fermin and others, who would use fraudulently obtained PII to file tax returns at various tax preparation company branches, posing as the victims.
Barrientos-Fermin admitted that he entered into an agreement in which CC-1 would pay him $200 to enter tax preparation companies posing as the victims to file tax returns in their names. Barrientos-Fermin provided CC-1 a photo of himself and CC-1, in turn, provided Barrientos-Fermin with driver’s licenses bearing Barrientos-Fermin’s photos and the victims’ PII. CC-1 also provided Barrientos-Fermin with matching Social Security cards, W-2s, and sometimes birth certificates. Barrientos-Fermin admitted going into tax preparation locations pretending to be the victims and providing the false documents to the tax preparers to prepare and file the fraudulent tax returns. After submitting each fraudulent tax return and collecting advance refund debit cards, Barrientos-Fermin provided CC-1 the debit cards in exchange for cash payments of about $200 per return.
The count of conspiracy to commit wire fraud carries a maximum sentence of 20 years in prison, and the count of access device fraud carries a maximum sentence of 10 years in prison. The count of aggravated identity theft carries a statutory minimum term of imprisonment of two years in prison, which must run consecutively to any other term of imprisonment imposed. All the counts also carry a maximum fine of $250,000, or twice the gross gain or loss caused by the offenses, whichever is greater. Sentencing is scheduled for Sept. 15, 2021.
Acting U.S. Attorney Honig credited postal inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge Raimundo Marrero in Newark; and special agents of IRS - Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark, with the investigation leading to today’s guilty plea. She also thanked the Totowa, New Jersey, Police Department, under the direction of Chief of Police Carmen Veneziano, for its assistance.
The government is represented by Assistant U.S. Attorney Perry Farhat of the Government Fraud Unit of the U.S. Attorney’s Office’s Criminal Division in Newark.
Baltimore Armed Career Criminal Sentenced to Nearly 16 Years in Federal Prison After Pleading Guilty to Distributing Heroin, Fentanyl, Cocaine, and Crack CocaineRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III sentenced Cephus Albert Powell, age 54, of Baltimore, today to 188 months in federal prison, followed by five years of supervised release, after Powell pleaded guilty to being a felon in possession of a firearm and to possession with intent to distribute controlled substances.
The guilty plea and sentence were announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration, Baltimore District Office; and Commissioner Michael Harrison of the Baltimore Police Department.
Acting United States Attorney Jonathan F. Lenzner stated, “All too often, guns and drugs go hand in hand—and we are committed to getting both off of our streets and to reducing violent crime in Baltimore. As an armed career criminal who possessed a gun, Cephus Powell now faces nearly 16 years in federal prison, where there is no parole. Please, put down the guns and save a life—maybe even your own.”
“Guns and drugs take far too many lives in our communities, and Cephus Powell was contributing to the devastating impact of both in Baltimore City,” said Jennifer C. Boone, Special Agent in Charge of the FBI Baltimore Field Office. “We will continue to work with our law enforcement partners to disrupt and dismantle criminal drug operations.”
According to Powell’s guilty plea, in April 2019, law enforcement officers were investigating drug trafficking activity in the 1400 block of Mosher Street and installed a covert camera to monitor the area. Between April 23 and April 29, 2019, law enforcement observed Powell conduct suspected hand-to-hand drug transactions in this area. Powell followed the same basic pattern each day: He arrived to the location in the morning using a ride service, then placed a white bag inside the first-floor window of a vacant rowhouse at 1417 W. Mosher Street. Powell conducted what investigators believed were hand-to-hand drug transactions using a large white Styrofoam cup to store the suspected narcotics.
As detailed in his plea agreement, on April 30, 2019, law enforcement officers were watching the covert camera and saw Powell engage in what they believed to be a hand-to-hand drug transaction. At approximately 7:20 a.m., moments after they observed the suspected drug transaction, law enforcement officers located and detained Powell, retrieving his Styrofoam cup, which he had placed in a nearby trash can. Inside the cup, investigators seized 23 red and clear gelcaps, each containing a mixture of heroin and fentanyl; 20 clear top vials each containing crack cocaine; and 13 green top vials containing cocaine. Powell also had $2,161 in cash on his person. Investigators then looked inside the window of the vacant rowhouse at 1417 W. Mosher Street and retrieved a white bag. Inside the bag was a .40-caliber handgun, loaded with seven live rounds; 230 red and white gelcaps containing a mixture of heroin and fentanyl; two knotted plastic bags each containing crack cocaine; 46 clear top vials each containing crack cocaine; 20 green top vials each containing cocaine; and a digital scale.
Subsequent DNA analysis conducted pursuant to a federal search warrant confirmed that the handgun contained Powell’s DNA. A review of the video footage from the covert camera revealed that, at approximately 6:45 a.m., Powell had opened the front window at 1417 W. Mosher Street and placed a white bag inside.
In total, law enforcement recovered approximately 96 grams of a mixture of heroin and fentanyl; 20 grams of crack cocaine; and three grams of cocaine. Powell admitted that he possessed the drugs with the intent to distribute them. Powell further admitted that he had a previous felony conviction which he knew prohibited him from possessing a firearm or ammunition.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (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.
Acting United States Attorney Jonathan F. Lenzner commended the FBI Strike Force Group, the FBI Safe Streets Task Force, the DEA, and the Baltimore Police Department for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Anatoly Smolkin, who is prosecuting the case.
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Allergy and Asthma Associates in Roanoke Pleads Guilty to Criminal Charge; Enters into Civil Resolution over Health Care Fraud AllegationsRead the Press Release
ROANOKE, Va. – Acting United States Attorney Daniel P. Bubar and Virginia Attorney General Mark G. Herring announced today the finalization of a $2.1 million civil resolution with Allergy and Asthma Associates Inc. [AAA], a Roanoke-based, family-owned medical practice that billed Medicare and Virginia Medicaid more than $600,000 for expensive asthma treatments in did not purchase or improperly administered to patients. In June 2020, AAA pleaded guilty in U.S. District Court in Roanoke to one count of criminal health care fraud.
“When a medical practice fraudulently bills our Medicare and Medicaid programs, it diverts funds from the most vulnerable in our communities and must be held accountable,” said Acting U.S. Attorney Bubar. “Today’s civil resolution coupled with AAA’s criminal conviction in June marks the end of a lengthy investigation and demonstrates that we will work closely with our federal and state partners to hold providers responsible for healthcare fraud.”
“Individuals and health care providers who defraud our health care system are not only stealing from Medicare and Medicaid, but they are also stealing from taxpayers and they must be held accountable,” said Attorney General Herring. “I want to thank both our state and federal partners, as well as my hardworking Medicaid Fraud Control Unit, for their dedication and partnership on this case.”
“Every Medicare or Medicaid dollar paid wrongfully is money no longer available for crucially needed health services,” said Maureen R. Dixon, Special Agent in Charge at the Office of Inspector General for the U.S. Department of Health and Human Services. “Working with our law enforcement partners we will continue protecting these valuable program funds.”
According to court documents, between January 2010 and September 2017, AAA submitted improper billings to Medicare and Medicaid for Xolair, an expensive asthma treatment sold in single-use vials. Due to the nature of the drug, many patients receive doses of the drug that require health care providers to administer a partial vial of the drug. This results in leftover amounts of Xolair that are not administered to the patient. At relevant times, Medicare and Medicaid allowed providers to bill Medicare Part B and Medicaid one time for an entire single vial of Xolair, which includes both the administered quantity, as well as the discarded quantity of the drug from a single-use vial, up to the amount listed on the vial’s label.
In situations where a patient’s dose resulted in a leftover partial vial of Xolair, AAA administered the leftover amount to another patient and the billed Medicare and Medicaid for administering this amount as if it were the entire single-use vial.
From January 2010 to September 2017, AAA billed Medicare $627,540 for Xolair that AAA did not purchase. In addition, AAA received 129 vials of Xolair from Medicaid which is not documented as being used for a Medicaid patient. These 129 vials represent an approximate loss to Medicaid of $88,878.
Under the terms of the civil resolution finalized last week, AAA will pay a total of $2,149,607 to settle claims they violated the false claims act. Broken down, $1,994,607 will be paid to United States government and $154,648 will be paid to the Commonwealth of Virginia.
The investigation of the case was conducted by the Department of Health and Human Services- Office of the Inspector General, Virginia Office of the Attorney General’s Medicaid Fraud Control Unit, and the Federal Bureau of Investigation. Special Assistant United States Attorney and Virginia Assistant Attorney General Nicole S. Terry prosecuted the criminal case for the United States. Assistant United States Attorney Justin Lugar handled the civil matter.
Alabama Man Sentenced to Prison for Violating Federal Sex Offender Registration and Notification ActRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, today announced that YAMIL DIAZ, 48, formerly of Alabama, was sentenced yesterday by U.S. District Judge Jeffrey A. Meyer in New Haven to 24 months of imprisonment, followed by three years of supervised release, for failing to register as a sex offender.
The Sex Offender Registration and Notification Act (“SORNA”), which was passed by Congress in 2006 as part of the Adam Walsh Act, provides a comprehensive set of minimum standards for sex offender registration and notification in the United States and seeks to strengthen the nationwide network of sex offender registration and notification programs. In part, SORNA requires registered sex offenders to register and keep their registration current in each jurisdiction in which they reside, work, or go to school.
According to court documents and statements made in court, in May 2019, Diaz was convicted in Alabama of attempted sexual abuse of a child less than 12 years of age. He received a sentence of 120 months of incarceration, suspended after seven months, and two years of supervised probation. In July 2019, Diaz registered as a sex offender with the Alabama Law Enforcement Agency Sex Offender Registration Unit. Diaz acknowledged in writing that he was required to register as a sex offender in each jurisdiction where he resided.
In August 2019, Diaz traveled from Alabama to Connecticut and, from at least November 2019 to February 24, 2020, he resided and worked as a mechanic in Waterbury. Diaz failed to register as a sex offender with the Connecticut Sex Offender Registry, as required under SORNA.
In September 2019, a court in Coffee County issued an arrest warrant for Diaz for violating his probation. On February 24, 2020, the U.S. Marshals Service Fugitive Task Force located Diaz in Waterbury and arrested him on the outstanding Alabama warrant. He has been detained since his arrest.
On September 4, 2020, Diaz pleaded guilty to failing to register as a sex offender.
This matter was investigated by the United States Marshal Service. This case was prosecuted by Assistant U.S. Attorney Hal Chen.
Aiken Resident Sentenced to 10 Years in Federal Prison on Meth ChargesRead the Press Release
Columbia, South Carolina---- Acting United States Attorney M. Rhett DeHart announced today that James Sydnor Willis, 40, of Aiken County, was sentenced to 10 years in federal prison for conspiracy to possess with the intent to distribute 50 grams or more of methamphetamine.
Evidence presented in court established that the Drug Enforcement Administration (DEA) initiated an investigation into the narcotics distribution activities of Kenneth Evans and Eddie Brockington, co-defendants in the case. Both Evans and Brockington were serving sentences in state prisons at the time of the conspiracy – Evans in the South Carolina Department of Corrections and Brockington in the Georgia Department of Corrections. Through controlled purchases and other investigative techniques, agents learned that members of the conspiracy purchased and distributed large amounts of methamphetamine and heroin for Evans and Brockington. Some of the individuals charged were responsible for transporting multi-kilogram amounts of methamphetamine and heroin into South Carolina and then distributing the drugs throughout the state. Willis was involved in purchasing and distributing methamphetamine in the Aiken County area for Evans. Willis was arrested several times with methamphetamine nearby.
United States District Judge J. Michelle Childs sentenced Willis to 120 months in federal prison, followed by eight years of supervised release. There is no parole in the federal system.
The case was investigated by agents of the DEA and the Aiken County Sheriff's Office. Assistant United States Attorney William K. Witherspoon prosecuted the case.
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Monday 1 March 2021
William T. Stetzer to Serve as Acting United States Attorney for the Western District of North CarolinaRead the Press Release
CHARLOTTE, N.C. – William T. Stetzer has been named as the Acting United States Attorney for the Western District of North Carolina, following the departure of U.S. Attorney Andrew Murray on February 28, 2021.
Acting U.S. Attorney Stetzer is a career prosecutor who has dedicated his professional life to public service. Mr. Stetzer joined the U.S. Attorney’s Office in 2018 and has since served as the First Assistant United States Attorney for the Western District of North Carolina.
During his 20+ years of combined service as a state and federal prosecutor, Mr. Stetzer has handled numerous criminal cases and has extensive experience in felony jury trials, including capital and non-capital murder cases.
“It is a great honor to serve the people of the Western District and to work with an incredible group of dedicated public servants,” said Acting U.S. Attorney Stetzer. “The U.S. Attorney’s Office has a long legacy of fulfilling its mission to seek justice and to protect the rights and safety of the public, which I pledge to continue while serving in this new role.”
Since joining the U.S. Attorney’s Office as the Western District’s second-in-command, Mr. Stetzer has maintained an active caseload and has handled a variety of federal criminal prosecutions, including drug trafficking, violent crime, child exploitation, financial fraud, and public corruption cases. Notably, Mr. Stetzer served on the prosecution team in United States v. Lindberg et al., one of North Carolina’s most prominent bribery cases involving public officials.
Prior to joining the U.S. Attorney’s Office, Mr. Stetzer served as Supervisor of the Homicide Prosecution Team at the District Attorney’s (DA’s) Office for Mecklenburg County, which includes Charlotte. During his seven-year tenure as a Supervisor at the DA’s office, Mr. Stetzer’s unit achieved significant reductions in the homicide case backlog and in case disposition time, while increasing both the conviction rate of homicide defendants and the sentences they received.
From 2007 to 2010, Acting U.S. Attorney Stetzer also served as an Assistant District Attorney for the Gaston County DA’s Office. While there, Mr. Stetzer prosecuted serious violent felony cases including violent assaults, homicides, sexual assaults, and crimes against children.
In 2020, Mr. Stetzer received the Justice Department’s Assistant Attorney General’s Award for Exceptional Service. He has also been recognized for his lifelong contribution to the pursuit of justice by the FBI, the Crime Victim’s Coalition, and the Charlotte Mecklenburg Police Department Homicide Support Group.
Mr. Stetzer, who resides in Gaston County, received his undergraduate degree from the University of Central Florida in 1993. He graduated with honors from Washburn University School of Law in 1996.
Mr. Stetzer’s spouse, Kelly Stetzer, is a prosecutor assigned to the Violent Crimes Unit with the Mecklenburg County DA’s Office.
Wheeling man admits to role in drug trafficking operationRead the Press Release
WHEELING, WEST VIRGINIA – Zachary James Parsons, of Wheeling, West Virginia, has admitted to his role in a drug trafficking conspiracy, Acting United States Attorney Randolph J. Bernard announced.
Parsons, age 30, pled guilty to one count of “Aiding and Abetting the Distribution of Cocaine Base.” Parsons admitted to selling cocaine base, also known as “crack,” in January 020 in Ohio County.
Parsons faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Shawn M. Adkins and Clayton J. Reid are prosecuting the case on behalf of the government. The Ohio Valley Drug and Violent Crimes Task Force, a HIDTA-funded initiative, which includes the Drug Enforcement Administration, West Virginia State Police, Ohio County Sheriff’s Office, and the Wheeling Police Department, investigated. The U.S. Marshal Service, Columbus Police Department Gang Crimes Unit, the Martins Ferry Police Department, and the Bellaire Police Department also assisted.
U.S. Magistrate Judge James P. Mazzone presided.
Original case indictment here: https://www.justice.gov/usao-ndwv/pr/26-charged-drug-conspiracy-involving-heroin-fentanyl-crack-cocaine-and-meth-wheeling
Wesson Man Pleads Guilty to Possessing Child PornographyRead the Press Release
Jackson, Miss. – Gunner Nathaniel Speed, 25, of Wesson, pled guilty today before U.S. District Judge Carlton W. Reeves to possession of child pornography, announced Acting U.S. Attorney Darren J. LaMarca and Jack P. Stanton, Acting Special Agent in Charge of Homeland Security Investigations in New Orleans.
On November 15, 2019, Speed was stopped by the Flowood Police Department for a traffic violation. He was found to have over 150 pictures and videos portraying children having sex and simulated sex with adult males on his cell phone.
Speed was charged in a federal criminal indictment on June 10, 2020. He is scheduled for sentencing on June 3, 2021 at 9:00 a.m. and faces a maximum penalty of 20 years in prison and a $250,000 fine.
The case is part of a joint investigation by Homeland Security Investigations and the Flowood Police Department. The case is being prosecuted by Assistant United States Attorney Erin Chalk.
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.
Vipal J. Patel becomes Acting United States AttorneyRead the Press Release
DAYTON – Former First Assistant United States Attorney Vipal J. Patel is now the Acting United States Attorney for the Southern District of Ohio.
“These are huge shoes to fill, and I am humbled and honored to fill them,” Patel said. “The important work of the public servants in this Office – and their dedication to justice – continues. Our casework will persist uninterrupted.”
Patel, 53, a longtime resident of Dayton, became an Assistant United States Attorney in 2000. He has served in U.S. Attorney Office criminal, civil and appellate divisions.
Patel was named First Assistant United States Attorney in April 2016 under former U.S. Attorney Benjamin C. Glassman and was retained in that position by fellow former U.S. Attorney David M. DeVillers. Prior to his time as First Assistant, Patel served the district as a Deputy Criminal Chief and as the district’s Criminal Chief, filling management roles under both Republican- and Democrat-appointed U.S. Attorneys and Attorneys General. He spent 2011 in Afghanistan, serving a one-year anti-corruption and counter-narcotics assignment as a U.S. Department of Justice civilian advisor.
Patel was the lead prosecutor in the first ever international terrorism trial in the Southern District of Ohio in 2018, both prosecuting the case and successfully arguing its appeal. He also represented the United States in the prosecution of weapons-related charges against a friend of the August 2019 Dayton mass shooter. In other significant casework, Patel prosecuted a local child exploiter who abused an infant, young child, and numerous teenage girls. The defendant was sentenced to life plus 10 years in prison.
Patel received his law degree in 1991 from the George Washington University Law School. He currently serves as an evaluator of other United States Attorney’s Offices, teaches at the U.S. Department of Justice’s National Advocacy Center, in Columbia, South Carolina, and has taught abroad as part of DOJ’s Overseas Prosecutorial Development, Assistance, and Training program.
Locally, since 2008, Patel has served as an Adjunct Professor at the University of Dayton Law School. In his spare time, he enjoys coaching youth soccer. He is currently the Head Coach of the Kroc Center Soccer Club’s boys U11 team, part of a new club soccer program Patel helped found with a friend and in partnership with the Dayton Salvation Army in an effort to bring competitive club soccer to, and serve the needs of, inner-city Dayton.
Patel immigrated to the United States with his parents in 1970 and became a naturalized citizen in 1981. He and his wife have two children and reside in downtown Dayton and enjoy (ever slowing) walks along the river with their nearly 15-year-old rescue dog, “Frankie.”
The U.S. Attorney’s Office for the Southern District of Ohio includes 67 Assistant United States Attorneys and 51 non-attorney personnel. They serve the southern 48 counties in the state, including the Columbus, Cincinnati and Dayton metropolitan areas.
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US Attorney Lamar Resigns After Decades of ServiceRead the Press Release
OXFORD, Miss. – After nearly 30 years of service to the United States Department of Justice and the U.S. Attorney’s Office, William C. Lamar, U.S. Attorney for the Northern District of Mississippi, announced today that he has tendered his resignation effective February 27, 2021. Lamar’s resignation was submitted at the request of the President of the United States and the Acting Attorney General, who have requested the resignation of all U.S. Attorneys.
Reflecting upon his service, Lamar stated, "It has been a privilege and honor to serve as an AUSA and the U.S. Attorney for the Northern District of Mississippi and in the town where I was raised. While I leave with a bit of a heavy heart, I'm so proud of the accomplishments, past, present and future, of our office. It will be left in good hands." Quoting author A.A. Milne, Lamar further remarked, “I am so lucky to have had a place that makes saying goodbye so hard.”
Lamar graduated from Oxford High School before attending Millsaps College for his undergraduate studies. He completed his law degree at the University of Mississippi School of Law and obtained an LLM in tax from Boston University School of Law. Upon completing his legal studies, Lamar returned to Mississippi and served as a law clerk to U.S. District Judge Neal B. Biggers from 1990-1991.
Lamar joined the U.S. Attorney’s Office in 1991 where he worked as an AUSA in the criminal division for many years. During his years as a line AUSA in the Criminal Division, Lamar received several awards for his work, including a coveted Director’s Award from the Executive Office for U.S. Attorney’s in 2004. While employed in the U.S. Attorney’s Office, Lamar served in a variety of capacities, including Senior Litigation Counsel, Chief of the Criminal Division, and as Appellate Chief.
Lamar was nominated to serve as U.S. Attorney by President Donald J. Trump on June 29, 2017. He was unanimously confirmed by the Senate on November 19, 2017, and was sworn in by Chief U.S. District Judge Sharion Aycock on Wednesday, November 22, 2017.
Two Men Charged with Conspiring to Distribute Heroin after Seizure of 20 Kilograms of Heroin from Mill in PatersonRead the Press Release
NEWARK, N.J. – Two men will make their initial court appearances today after being arrested and charged in connection with a drug distribution conspiracy, Acting U.S. Attorney Rachael A. Honig announced.
Luis Cepeda-Capellan, 25 of Paterson, New Jersey, and Isidro Fernandez, 32, of New York, are each charged by complaint with one count of conspiracy to distribute heroin. They are scheduled to appear this afternoon by videoconference before U.S. Magistrate Judge James B. Clark III.
According to documents filed in this case and statements made in court:
During an investigation by the Drug Enforcement Administration (DEA), New York Drug Enforcement Task Force (NYDETF), law enforcement officers learned that Fernandez purchased significant quantities of items associated with the illegal manufacture and distribution of narcotics, including thousands of glassine bags, strainers, sifters, and scales. On Feb. 25, 2021, law enforcement officers observed Fernandez receive boxes of items consistent with those used to transport drug paraphernalia, such as large quantities of glassine bags, in New York. After obtaining the boxes, Fernandez traveled into New Jersey and delivered these boxes to an individual who brought them to Cepeda-Capellan’s residence.
The charge of conspiracy to distribute one kilogram or more of heroin carries a mandatory minimum of 10 years in prison, a maximum of life in prison, and a fine of $10 million, or twice the amount of money involved in the offense, whichever is greater.
Acting U.S. Attorney Honig credited the NYDETF, which comprises special agents and task force officers of the DEA, New York City Police Department, and New York State Police,with the investigation leading to the charges.
The government is represented by Special Assistant U.S. Attorney Keith Travers of the U.S. Attorney’s Office Organized Crime and Drug Enforcement Task Force/Narcotics Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Tulsa Man Sentenced to 30 Years in Federal Prison for Sexually Abusing a ChildRead the Press Release
A man who was convicted of sexually abusing a child for more than 2 years was sentenced in federal court, announced Acting U.S. Attorney Clint Johnson.
U.S. District Judge Gregory K. Frizzell sentenced Joshua Dale Armstrong, 33, of Tulsa, to 360 months in federal prison followed by a lifetime of supervised release. Armstrong will also be required to register as a sex offender once released.
“Joshua Armstrong preyed upon a defenseless child and engaged in a horrific pattern of repeated rapes and molestation that lasted years. While there is nothing that can make up for the pain and suffering of the victim in this case, a thirty year sentence reflects the heinousness of Armstrong’s crimes and provides a strong deterrent to others who would seek to victimize children," said Acting U.S. Attorney Clint Johnson. "I’m thankful for the child victim in this case, who bravely came forward to report her abuse and allowed Armstrong to be brought to justice.”
In November, Armstrong pleaded guilty to aggravated sexual abuse and to abusive sexual contact of a minor under 12-years-old in Indian Country. From Jan. 1, 2018 to April 16, 2020, Armstrong abused a position of trust to engage in sexual acts with the child.
Armstrong was remanded into the custody of the U.S. Marshals Service until transfer to a U.S. Bureau of Prison’s Facility.
The Tulsa Police Department and FBI conducted the investigation. Assistant U.S. Attorneys Devon Lash and Christopher J. Nassar prosecuted the case.
Thompson Man Sentenced to 20 Years in Prison for Kidnapping and Sexually Assaulting Massachusetts GirlRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that JOSHUA BESAW, 37, of Thompson, Connecticut, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 240 months of imprisonment, followed by 20 years of supervised release, for kidnapping and sexually assaulting a 12-year-old girl.
According to court documents and statements made in court, on May 31, 2019, Besaw encountered a 12-year-old girl (“minor victim”) at a park in Webster, Massachusetts, and tricked the minor victim into entering his vehicle. Besaw, who identified himself as “Chuck,” then drove the minor victim to a wooded area in Thompson, Connecticut, where he sexually assaulted her. After the assault, Besaw drove the minor victim back to Massachusetts, where he released her in a neighborhood that was unfamiliar to her and refused to return her cellphone. The minor victim then borrowed a phone from a stranger to contact her parents who picked her up and brought her to the police station to report the incident. Later that day, a sexual assault examination of the victim was conducted at a medical facility.
Besaw was identified as a suspect after an extensive investigation led by Webster Police with support from the Connecticut State Police, which included analysis of surveillance video collected from numerous residences and businesses in Connecticut and Massachusetts.
On July 10, 2019, investigators conducting surveillance of Besaw collected cigarette butts that Besaw had discarded. The DNA evidence collected from the discarded cigarette butts matched DNA evidence collected from the minor victim on May 31, 2019.
Besaw was arrested on July 17, 2019. He pleaded guilty on March 13, 2020.
Besaw has been detained since his arrest.
This matter was investigated by the Webster Police Department, Connecticut State Police and Federal Bureau of Investigation, with the assistance of the Massachusetts State Police Crime Laboratory. The case was prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
Acting U.S. Boyle thanked the Windham State’s Attorney’s Office for its cooperation in the investigation and prosecution of this case.
The Breakfast Klub agrees to remove ADA violationsRead the Press Release
HOUSTON — A local Houston restaurant has settled allegations under Title III of the Americans with Disabilities Act (ADA) and agreed to remove barriers and greatly improve physical accessibility, announced Acting U.S. Attorney Jennifer B. Lowery.
Individuals with disabilities had complained that they were unable to gain access to the restaurant. A follow-up investigation revealed several physical barriers existed on restaurant access points preventing individuals with disabilities from gaining entry to the restaurant. Authorities also found additional violations inside the restaurant.
The settlement agreement requires The Breakfast Klub to remove and remedy all ADA violations the United States has identified.
Under the ADA, persons with disabilities shall be afforded the opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages or accommodations equal to that afforded to other individuals. Title III mandates that no individual shall be discriminated against on the basis of a disability by any person who owns, leases or operates a place of public accommodation.
Under Title III, The Breakfast Klub is a place of public accommodation. As such, the property owner and tenant are subject to its requirements.
Assistant U.S. Attorneys Elizabeth Karpati and Keith Edward Wyatt handled this investigation with the assistance of Paralegal Specialist Raymond Babauta.
Tessa M. Gorman appointed Acting United States AttorneyRead the Press Release
Seattle – The U.S. Department of Justice today appointed Tessa M. Gorman as Acting U.S. Attorney for the Western District of Washington. Ms. Gorman is a 24‑year veteran of the Department of Justice, having served in high-profile leadership roles for both the U. S. Attorney’s Office and the Federal Bar Association. Acting U.S. Attorney Gorman takes over from Brian T. Moran who resigned the post February 28, 2021, as is traditional with the change in administration.
As First Assistant United States Attorney, Tessa Gorman provided guidance to the Civil, Criminal, and Appellate Divisions of the United States Attorney’s Office. She is involved in the ongoing supervision of the Seattle Police Department Consent Decree and other civil rights litigation. Ms. Gorman has supervised some of the most high profile cases in the office, such as the prosecution of Huawei for theft of trade secrets, cybercrime cases such as the hack on Capital One, and the investigation and civil settlement with Bradken Inc., over metal it supplied to Navy submarines. Gorman supervised cases involving pain clinics belonging to a Seattle doctor who defrauded the government and the criminal prosecution of an environmental disposal firm that was committing fraud by falsely claiming it met environmental protection standards.
Earlier in her career, Ms. Gorman prosecuted a wide variety of cases from violent crime to complex frauds. In 2008, Ms. Gorman and the trial team were honored with a Director’s Award for the successful prosecution of the Washington Nomads chapter of the Hells Angels Motorcycle Club as a racketeering-influenced criminal organization (RICO). The gang was convicted for crimes including murder and assault, and the verdicts represented the first RICO jury verdicts against the Hells Angels in twenty-five years.
As an Assistant United States Attorney, Ms. Gorman also prosecuted complex fraud cases, including a $30 million Ponzi scheme and a bank fraud case that grew out of the failure of a south sound bank, as well as homicides and sexual assaults in Indian Country. Ms. Gorman began her career with the Department of Justice in 1998 as part of the highly selective Honors Program in Washington, D.C. In 2001, she was hired by the U.S. Attorney’s Office, Western District of Washington.
Ms. Gorman has been active in the Federal Bar Association in Western Washington, serving in leadership roles and as President in 2015-16. In 2015, the District Court Judges in Western Washington chose Ms. Gorman to serve a three‑year term as a District Court Lawyer Representative to the Ninth Circuit. Ms. Gorman has taught Trial Advocacy at the University of Washington School of Law and has served as a professional mentor for students at both University of Washington and Seattle University Schools of Law.
Tessa M. Gorman grew up in Olympia, Washington and is a graduate of Yale College. She earned her law degree at University of California’s Berkeley Law School.
Stephen R. Kaufman to Serve as Acting United States Attorney for the Western District of PennsylvaniaRead the Press Release
PITTSBURGH – Stephen R. Kaufman, First Assistant to former United States Attorney Scott W. Brady, has been named Acting U.S. Attorney for the Western District of Pennsylvania effective today.
In this position, Mr. Kaufman leads of staff of nearly 130 employees representing the United States in courts throughout Pennsylvania's western 25 counties, including staffed offices in Pittsburgh, Erie and Johnstown.
Mr. Kaufman's career in the Department of Justice has spanned four decades. Most recently he served as First Assistant U.S. Attorney beginning in April 2018. Prior to that appointment, Mr. Kaufman held a series of leadership positions in the U.S. Attorney's Office, including serving as the Chief of the Criminal Division from 2010 to 2018. Mr. Kaufman joined the U. S. Attorney's Office in 1988. In his career as a federal prosecutor, Mr. Kaufman has handled a wide variety of violent crime, narcotics, child exploitation and white collar cases. Notable cases include the successful eight-week trial of the Pittsburgh La Cosa Nostra organized crime family on RICO charges, the prosecution of the distributors of China White, a deadly synthetic form of heroin which caused the overdose deaths of 17 individuals in 1988, the prosecution of the perpetrator of a $31 million dollar check kiting scheme against PNC Bank, and obtained the conviction of a physician who was the most prolific illegal distributor of oxycodone in the Pittsburgh area prior to his arrest.
After graduating summa cum laude from Allegheny College in 1981, Mr. Kaufman attended Harvard Law School, where he graduated cum laude in 1984. He joined the United States Attorney's Office after working as a law clerk for United States District Judge Donald E. Ziegler. He also engaged in the private practice of law with former United States Attorney Frederick W. Thieman at the law firms of Titus & McConomy and Thieman & Kaufman. Mr. Kaufman has been a member of the Adjunct Faculty at the University of Pittsburgh School of Law since 1997, where he has taught courses in White Collar Crime, Criminal Procedure and Trial Advocacy.
South Florida Pediatrician Detained on Federal Child Pornography Possession ChargeRead the Press Release
Miami, Florida – Today, a federal magistrate judge in Ft. Lauderdale ordered South Florida pediatrician Michael Mizrachy, 49, of Parkland, Florida, held without bond pending trial on a federal charge of possession of child pornography.
According to the federal criminal complaint affidavit, in June 2020, the South Florida Internet Crimes Against Children Task Force received a CyberTip from the National Center of Missing and Exploited Children about files depicting child pornography being uploaded to an e-mail account, including a video of a prepubescent child being sexually abused. An investigation led law enforcement to Mizrachy, who worked as a pediatrician in Broward County, Florida. The affidavit alleges that during execution of a search warrant at Mizrachy’s home in Parkland, Florida, law enforcement officers obtained evidence that Mizrachy used an instant messenger application to obtain child pornography and communicate with minors about sex.
During a hearing today in Ft. Lauderdale, U.S. Magistrate Judge Alicia O. Valle ordered pre-trial detention for Mizrachy, meaning he will remain in custody pending his federal trial. If convicted on the federal charge, Mizrachy faces up to 20 years in prison. Mizrachy also faces a pending state criminal case in connection with the alleged conduct.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, Anthony Salisbury, Special Agent in Charge, Homeland Security Investigations (HSI), Miami Field Office, and Gregory Tony, Sheriff, Broward County Sheriff’s Office, made the announcement.
HSI Miami investigated this matter, with Broward County Sheriff’s Office and the Internet Crimes Against Children Task Force. Assistant U.S. Attorneys Brooke Latta and Ajay Alexander are prosecuting the case.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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 the Project Safe Childhood initiative and for information regarding Internet safety, please visit www.justice.gov/psc.
You may find related court documents on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov under case number 21-mj-6102.
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SAP Public Services, Inc. to Pay $2.2 Million to Settle False Claims Act AllegationsRead the Press Release
PHILADELPHIA – Deputy United States Attorney Louis D. Lappen announced that SAP Public Services, Inc. has agreed to pay the United States more than $2.2 Million to resolve allegations that it violated the False Claims Act by failing to pay required fees on contracts it signed pursuant to agreements with the United States General Services Administration (GSA).
SAP Public Services is a subsidiary of SAP SE, a multinational software engineering and support company, and its U.S. subsidiary, SAP America, Inc., headquartered in Newtown Square, Pennsylvania.
In 1998 and 2009, GSA awarded SAP Public Services contracts under the Multiple Award Schedule (MAS). The MAS program provides an efficient, streamlined process for federal, state, and local government buyers to purchase goods and services from commercial firms at discounted prices. SAP Public Services sold software engineering and support to government customers under specified conditions. SAP Public Services cancelled these contracts in 2014. Under the terms of their MAS contracts, SAP Public Services was required to pay an Industrial Funding Fee (IFF) to GSA. This fee covers the cost of GSA’s administration of its contracting and purchasing programs, which save federal, state, and local government agencies the time and expense of awarding individual procurements and provide volume purchase prices, greater purchasing flexibility, and other benefits to those agencies.
In addition, when staffing these projects, SAP Public Services was required to provide certain discounts and to meet certain educational or experiential qualifications in its staffing assignments. The United States’ investigation – conducted in conjunction with a robust internal investigation by SAP Public Services – determined that SAP Public Services failed to account for the IFF it owed on several contracts, and that it did not always provide the appropriate contractual discounts and staffing.
“When a company contracts with the government,” said Deputy U.S. Attorney Lappen, “it must establish and implement systems sufficient to meet its contractual obligations. When a company fails to do that, the taxpayer is left holding the bag. The United States Attorney’s Office is committed to recovering these funds.”
GSA Inspector General Carol Ochoa, agreed: “This settlement is due to the persistent and dedicated work of the Office of Inspector General and U.S. Attorney’s Office personnel to pursue and recover money owed to the U.S. taxpayer.”
Deputy U.S. Attorney Lappen also praised SAP Public Services’ investigation and cooperation: “From the time that this matter was brought to its attention, SAP has committed itself to setting things right, despite considerable time and expense. We appreciate its cooperative approach and its intensive investigative efforts to get to the bottom of what happened here.”
The settlement was the result of a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Pennsylvania and GSA Office of Inspector General (GSA-OIG). Assistant United States Attorneys Paul W. Kaufman and Mark J. Sherer and U.S. Attorney’s Office auditor Dawn Wiggins handled the investigation and settlement.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Rochester Felon Whose Sentence Was Commuted by President Obama Pleads Guilty to Drug Trafficking While on Supervised ReleaseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ruben Bullock, 46, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possessing with intent to distribute 500 grams or more of cocaine and violating federal supervised release. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine.
Assistant U.S. Attorney Everardo Rodriguez, who is handling the case, stated that on January 21, 2021, United States Probation Officers, suspecting that the defendant was engaged in criminal activity, conducted various probation searches at residences used by Bullock, including 154 Saranac Street in Rochester. At that location, probation officers recovered plastic bags from a backpack that contained approximately 750 grams of suspected cocaine, as well as two scales, and a bag containing baking soda commonly used to process cocaine. Probation officers also recovered $8,000 in cash and a quantity of marijuana in the residence. When the probation officers arrested Bullock, he had an additional $8,554 in cash on his person. Bullock admitted to officers to having purchased a kilogram of cocaine the day before for $45,000, as well as possessing the marijuana found inside the residence.
At the time of his arrest, Bullock was on federal supervised release from a previous federal drug conviction for which he was sentenced to serve 210 months in prison by Judge Siragusa. In 2016, President Barack Obama commuted Bullock’s sentence to time served and the defendant was placed on federal supervised release for six years.
“It is disgraceful that someone, having been given a second chance at life by having his prior prison sentence commuted by the President of the United States, decided to squander such chance by returning to a life spent poisoning our community with drugs,” U.S. Attorney Kennedy stated. “I am particularly grateful to the men and women of the U.S. Probation Office for their outstanding work in realizing that Bullock was selling drugs and acting quickly and professionally to stop further sales.”
The plea is the result of an investigation by the Rochester United States Probation Office, under the leadership of Timothy C. Englerth, Chief Probation Officer; and the Drug Enforcement Administration, under the leadership of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for June 8, 2021, before Judge Siragusa.
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Randy Grossman named Acting U.S. Attorney for the Southern District of CaliforniaRead the Press Release
For Further Information, Contact:
Kelly Thornton (619) 546-9726
NEWS RELEASE SUMMARY – March 1, 2021
SAN DIEGO - Randy Grossman, who has served as second-in-command at the U.S. Attorney’s Office, began his term as acting U.S. Attorney today.
Mr. Grossman stated, “I am honored to serve as the Acting United States Attorney. (Former U.S. Attorney) Bob Brewer’s steady leadership during these unprecedented times set a tremendous example. I look forward to continuing the office’s focus on civility and ethics as we fulfill our mission of ensuring public safety and the fair and impartial administration of justice.”
Mr. Grossman is an experienced prosecutor, private practice litigator and community leader. Mr. Grossman began his legal career as a Deputy District Attorney at the San Diego County District Attorney’s Office. During his eight years as a state prosecutor, he tried more than 70 cases to verdict including homicides and other crimes of violence. Mr. Grossman also worked in private practice as a partner at two international law firms. His practice areas included complex civil litigation, white collar criminal defense, corporate internal investigations and pro bono representation of refugees seeking asylum.
In March 2020, Mr. Grossman returned to public service as an Assistant United States Attorney for the Southern District of California where he served in the Border Enforcement Section and the Major Frauds/Public Corruption Section. He was selected to become First Assistant U.S. Attorney in September 2020. Mr. Grossman serves as a Trustee for California Western School of Law and he serves on a statewide civility task force associated with the California Lawyers Association and the State Bar of California.
Randolph J. Bernard named Acting United States AttorneyRead the Press Release
WHEELING, WEST VIRGINIA – Randolph J. Bernard will serve as Acting United States Attorney beginning on March 1, 2021.
Mr. Bernard was selected to serve as Acting U.S. Attorney by the Executive Office of United States Attorneys in Washington, D.C. after former U.S. Attorney Bill Powell announced his resignation effective February 28, 2021.
“We look forward to continuing Mr. Powell’s excellent work under his “One District, One Mission” motto, as we work to combat the drug epidemic, crimes against children, crimes against the elderly, combatting violent crime, and the other Department of Justice initiatives,” said Mr. Bernard.
Mr. Bernard previously served as First Assistant U.S. Attorney and the Chief of the Criminal Division. Mr. Bernard joined the office in 2002, and has experience prosecuting a wide range of criminal cases, including drugs and violent crimes, firearms, white collar offenses, fraud and tax cases, and child pornography cases. Mr. Bernard has also served as the District Office Security Manager.
Before becoming an Assistant United States Attorney, Mr. Bernard served as a Special Agent with the Federal Bureau of Investigation in the Wheeling, West Virginia Resident Agency. Prior to the FBI, he was a litigation attorney in private practice with Coolidge, Wall, Womsley & Lombard in Dayton, Ohio.
Mr. Bernard is a 1987 magna cum laude graduate of Ohio Northern University College of Law and a 1984 graduate of Indiana University of Pennsylvania.
Preston County man sentenced for sending obscene material to a minorRead the Press Release
CLARKSBURG, WEST VIRGINIA – Joshua Armstrong, of Terra Alta, West Virginia, was sentenced today to 30 months of incarceration for sending pornography to a minor, Acting United States Attorney Randolph J. Bernard announced.
Armstrong, age 26, pled guilty to one count of “Transfer of Obscenity to a Minor” in October 2020. Armstrong admitted to sending obscene material to a minor under the age of 16 in Preston County in August 2016.
Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The West Virginia State Police investigated.
U.S. District Judge Thomas S. Kleeh presided.
Postal Employee Pleads Guilty to Stealing Medication Intended for VeteransRead the Press Release
ABINGDON, Va. – A former employee of the United States Postal Service pleaded guilty last week in United States District Court in Abingdon to stealing mail containing medication that was intended for United States Veterans, Acting United States Attorney Daniel P. Bubar announced.
Ammie Hale, 45, Raysal, West Virginia, pleaded guilty today, without a plea agreement, to all charges in the indictment against her - three counts of theft of mail by an employee of the postal service for stealing mail on February 26, 2020, July 1, 2020, and August 5, 2020; and one count of making false statements. At sentencing, Hale faces a maximum statutory penalty of up to 20 years in prison. A sentencing hearing has been scheduled for June 2, 2021, at 2:30 p.m.
According to court documents, from September 2019 through July 2020, the United States Postal Inspection Service- Office of the Inspector General (USPIS-OIG) received over 40 reports from the Salem, Virginia Veterans Affairs Medical Center of medication parcels mailed to veterans in the Tazewell, Virginia area that were never delivered.
Agents of the USPS-OIG reviewed available video footage and observed Hale on two different occasions, while working at the Tazwell Post Office, removing parcels from the sorting area, and taking them to an area of the Post Office where employees keep personal belongings and hiding the parcels in her purse. On August 5, 2020, agents conducted on-site surveillance and caught Hale stealing pills from a package addressed from the Veterans Affairs Medical Center. Hale was interviewed on August 5 and falsely told investigators that she had never stolen mail prior to that day.
The investigation of the case was conducted by the United States Postal Inspection Service - Office of the Inspector General. Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.
Pittsburgh Man Pleads Guilty in Mystery Shopper Fraud SchemeRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of fraud conspiracy, Acting United States Attorney Stephen R. Kaufman announced today.
Robert Shon Jackson, 45, pleaded guilty to one count before Chief United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that from around June 2013 to around October 31, 2013, Jackson participated in a Nigerian "mystery shopper" fraud scheme in which victims were falsely led to believe that they were being employed to anonymously evaluate products and services. After being recruited by the fraudsters, the victims unwittingly received counterfeit U.S. Postal Service money orders and checks, which they believed were provided to fund their evaluation purchases. The victims were told to deposit the instruments, keep a small portion of the funds for themselves, and wire the remainder to another individual who they believed was another mystery shopper, but was in actuality a co-conspirator. The counterfeit instruments were later returned to the bank, and the victims were charged for the funds they had deposited and additional fees.
The court was further advised that Jackson received bulk shipments of counterfeit USPS money orders sent from overseas, approximately 1,820 money orders in total, valued at approximately $1,787,771.40, along with counterfeit checks. Jackson also received mailing labels with the names and addresses of victims to whom he was to send the counterfeit instruments. Jackson would mail counterfeit money orders and checks to the victims along with "mystery shopper" instructions directing them to check their email accounts for additional instructions. The victims would be emailed instructions to wire funds to Jackson, his wife, and other accomplices. Jackson used false return names and addresses on the mailings of counterfeit instruments. Jackson would then receive funds from the victims by wire, then himself wire a portion of the proceeds to co-conspirators in Nigeria. Jackson kept a portion of the funds as his payment. The losses associated with Jackson’s offense totaled $28,461.00.
Judge Hornak scheduled sentencing for July 14, 2021. The law provides for a maximum sentence of not more than 20 years in prison, a fine of up to $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The United States Postal Inspection Service and the Department of Homeland Security conducted the investigation leading to the indictment in this case.
Omaha Man Sentenced for Cocaine and Methamphetamine DistributionRead the Press Release
Acting United States Attorney Jan W. Sharp announced that Esteban G. Morales, age 26, of Omaha, Nebraska, was sentenced today in federal court after his arrest in a drug trafficking sting operation. Morales was convicted on charges of methamphetamine and cocaine distribution. Senior United States District Judge Joseph F. Bataillon sentenced Morales to 151 months’ imprisonment. Morales will serve a 5-year term of supervised release following his release from the Bureau of Prisons. There is no parole in the federal system.
On October 23, 2017, Morales sold four ounces of methamphetamine to a source working with law enforcement in Omaha. On August 29, 2018, he sold four ounces of cocaine to the same source in Omaha.
This case was investigated by the Federal Bureau of Investigation.
Nashville Man Outed by Dashcam Sentenced in Carjacking CaseRead the Press Release
NASHVILLE, Tenn. – March 1, 2021 – A Nashville man, who was unknowingly captured on an in-car video system making his getaway after carjacking another man, was sentenced today in U.S. District Court, to 117 months in prison, followed by 4 years of supervised release, announced Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee.
Shaun Harris, 23, pleaded guilty in October 2020 to carjacking and brandishing a firearm during and in relation to a crime of violence. Harris has been in custody since May 2018 and was given credit for 33 months’ time served on the carjacking charge.
According to court documents, on the evening of May 24, 2018, Harris and a juvenile, robbed and carjacked a man at gunpoint at the Hickory Hollow Apartment complex in Antioch. As they drove away in the victim’s car, the in-car camera system was activated and was recording their getaway. After travelling a short distance, Harris noticed the camera, ripped it from the car, and threw it out of the window. Metropolitan Nashville Police Department (MNPD) detectives were able to gain remote access to the vehicle’s camera and capture video of the suspects. The MNPD Public Affairs Office later posted the video on social media platforms and shared it with local media outlets, which led to the identification of Harris and the juvenile on the following day as well as the recovery of the victim’s vehicle.
This case was investigated by the MNPD and the FBI. Assistant U.S. Attorney Joseph P. Montminy prosecuted the case.
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Maryland U.S. Attorney’s Office Seizes Fourth Domain Name Purporting to be the Website of a Company Producing a Treatment for COVID-19Read the Press Release
Baltimore, Maryland – The U.S. Attorney’s Office for the District of Maryland has seized “remdesivirmx.com,” which purported to sell and distribute Remdesivir, an antiviral drug approved for the treatment of the COVID-19 virus, in Mexico. However, the website was fraudulent and instead appears to have been used to collect the personal information of individuals visiting the site, in order to use the information for nefarious purposes, including fraud, phishing attacks, and/or deployment of malware. Individuals visiting the site now will see a message that the site has been seized by the federal government and be redirected to another site for additional information.
The seizure of the domain name was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner and Special Agent in Charge James R. Mancuso of Homeland Security Investigations - Baltimore.
“I urge citizens to remain vigilant. Don’t provide personal information or click on websites or links contained in unsolicited e-mails. Don’t become a victim,” said Acting U.S. Attorney Jonathan F. Lenzner. “My office and the entire law enforcement community will continue to do everything possible to bring to justice fraudsters who prey on citizens during this unprecedented public health crisis.”
“This is the fourth COVID-related website seizure in Maryland and clearly demonstrates that fraudsters are motivated and actively trying to take advantage of Marylanders during a challenging time,” said Special Agent in Charge James Mancuso. “Remember, if it sounds too good to be true, it probably is. Use extreme caution on the internet, especially as it relates to COVID-19 treatments, vaccines, or financial relief.”
According to the affidavit filed in support of the seizures, Remdesivir, developed by Gilead Sciences, Inc. and marketed under the brand name Veklury, was approved by the U.S. Food and Drug Administration for the treatment of COVID-19 in October 2020. The HSI Intellectual Property Rights Center (“IPRC”) and the HSI Cyber Crimes Center (“C3”) discovered an apparent fraudulent website, named “remdesivirmx.com.” A domain analysis conducted by an HSI Cyber Operations Officer (“COO”) indicated the subject domain name was created on February 4, 2021, through a company located in Lithuania, with no personal information for the registrar listed. The COO also reviewed the subject domain name’s online content and found it displayed the name and trademarked logos for Gilead and contained an incorrect spelling of Remdesivir. The contact information presented by the subject domain name listed a Mexican telephone number and an address associated with a Mexican telemarketing website.
The “remdesivirmx.com” website is the fourth such fraudulent site seeking to exploit the COVID-19 pandemic that the U.S. Attorney’s Office for the District of Maryland has seized and disrupted in recent months. Other such efforts include:
On January 15, 2021, the U.S. Attorney’s Office for the District of Maryland seized a fraudulent replication of the website of a biotechnology company based in Cambridge, Massachusetts that focuses on drug discovery, drug development, and vaccine technologies, including a vaccine for COVID-19. The fake domain, modernatx.shop, included a link offering to sell COVID-19 vaccines. Three men were subsequently charged with a scheme to allegedly sell purported COVID-19 vaccines.
On December 18, 2020, the U.S. Attorney’s Office for the District of Maryland seized two domain names, “mordernatx.com” and “regeneronmedicals.com,” which purported to be the websites of actual biotechnology companies developing treatments for the COVID-19 virus, but appear to have instead been used to collect the personal information of individuals visiting the sites.
The seizure of these four sites by the government has prevented third parties from acquiring the names and using them to commit additional crimes, as well as prevented third parties from continuing to access the fraudulent sites in their present form.
Federal law enforcement agencies are united in our efforts to fight against COVID-19 fraud. HSI has identified tips to recognize and report COVID-19 fraud. If you believe you are a victim of a fraud or attempted fraud involving COVID-19, you may also call the National Center for Disaster Fraud Hotline at 1-866-720-5721 or for more information e-mail justice.gov/coronavirus.
Acting United States Attorney Jonathan F. Lenzner commended HSI for its work in these investigations. Mr. Lenzner thanked Assistant U.S. Attorneys Aaron S.J. Zelinsky and Sean R. Delaney, who are handling the case.
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Man who Brandished Firearm at a Victim Telling Her he Does Not Mess with “Snitches” Sentenced to Federal PrisonRead the Press Release
A man who displayed a firearm at a female victim at a Motel 6 in Waterloo, Iowa, in an attempt to dissuade her from contacting law enforcement, was sentenced on Friday to more than eight years in federal prison.
Devonner Coleman, age 30, from St. Louis, Missouri, received the prison term after a guilty plea to being a felon in possession of a firearm.
In a plea agreement, Coleman admitted he was found with a .22 caliber rifle with the barrel cut off, as well as approximately 118 grams of packaged marijuana. His fingerprints were found on the firearm and one of the baggies of marijuana. He had previously been convicted of possessing marijuana with the intent to deliver in Black Hawk County in 2009, 2011, and 2013. At sentencing, the victim testified that Coleman displayed the firearm at her, stating he does not mess with “snitches,” and later stepped on her foot and yelled at her while she was on the phone with a 9-1-1 operator.
Coleman was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Coleman was sentenced to 102 months’ imprisonment and fined $100. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Coleman is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by the Waterloo Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2049-CJW.
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Man Pleads Guilty to Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Acting United States Attorney Lisa G. Johnston announced that Christopher Moore, 47, from Detroit, Michigan, and currently living in Jackson County, West Virginia, pled guilty to being a convicted felon in possession of a firearm.
Moore was previously convicted of three felony drug offenses related to the distribution of cocaine base, and he spent over 14 years in federal prison. On June 27, 2020, Moore possessed a loaded Taurus 9mm pistol which was used to shoot and kill a visitor at his house in Kenna. Moore faces up to ten years in prison, a $250,000 fine, and three years of supervised release when he is sentenced on June 3, 2021.
The Jackson County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr., presided over the hearing. Assistant United States Attorney Steve Loew 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. 2:21-cr-00002.
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Man Convicted of Human Trafficking by Federal Jury After Five-Day TrialRead the Press Release
RALEIGH, N.C. – A federal jury convicted a Smithfield man Friday of conspiracy to commit sex trafficking by force, fraud, or coercion and of a minor; sex trafficking by force fraud and coercion; sex trafficking of a minor; using the internet to promote a prostitution business enterprise (ITAR); and possession of a firearm by a convicted felon.
According to court records and evidence presented at trial, Jonathan Lynn Jenkins, aka “Max,” 48, and his co-conspirator prostituted many women between November 2014 and October 2015, including minors. The victims were young, vulnerable, and often struggling to survive. After luring the victims with promises of food, shelter, and a better life, Jenkins and his co-conspirator manipulated and controlled the victims’ lives, isolating them, withholding food, and keeping all money the victims earned. The defendant beat and choked the victims, sometimes to unconsciousness. He emotionally and psychologically abused them. Among other threats, he claimed to have magical powers that allowed him to hunt down victims and kill them. He sexually assaulted victims and forced them into sexual acts against their will. And he attempted to murder a man who helped one victim escape.
Jenkins was convicted of second-degree murder in North Carolina state court in 2006, and first-degree murder charges are pending against him in state court in Johnston County, North Carolina.
Acting United States Attorney Acker stated: “Human Trafficking – the horrible exploitation of those vulnerable among us – is one of the worst and most intolerable crimes we prosecute. It is simply modern-day slavery and cannot be tolerated. This verdict allows us to take another step in the right direction as we work to eliminate this crime and its terrible consequences for our communities.”
“This sentence ensures that Jenkins, a serial offender, will not be able to continue his reign of terror on some of the most vulnerable people in our community,” said acting Special Agent in Charge Ronnie Martinez, who oversees Homeland Security Investigations (HSI) operations in North Carolina. “I’m thankful for the hard work from HSI and its partners that led to investigating, arresting and prosecuting this predator.”
Jenkins faces a mandatory minimum sentence of fifteen years’ imprisonment and a maximum sentence of life.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina, made the announcement after U.S. District Judge James C. Dever III accepted the verdict. The Department of Homeland Security – Homeland Security Investigations, the Raleigh Police Department, the North Carolina State Bureau of Investigation, and the Johnston County Sheriff’s Office investigated the case. Assistant U.S. Attorneys Erin Blondel and Lucy Brown are prosecuting 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.5:18-cr-00451-D.
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Malden Man Arrested on Drug and Firearms Charges Involving Multiple Machine GunsRead the Press Release
BOSTON – A Malden man was charged today in connection with his role in a drug trafficking conspiracy in which he allegedly possessed over 150 grams of cocaine base and other controlled substances and conspired to possess firearms.
Phillips Charles, a/k/a “PHON C,” 22, was charged by criminal complaint with one count of conspiracy to distribute and possess with intent to distribute cocaine base and one count of conspiracy to possess, use and carry firearms in furtherance of a drug trafficking conspiracy. Charles is currently in state custody and will make an initial appearance in federal court before U.S. District Court Magistrate Judge Donald L. Cabell at a later date.
As alleged in the charging documents, while Charles was on pretrial release from Malden District Court and Middlesex Superior Court, and later serving a probation sentence, he continued to conspire with others to distribute large quantities of controlled substances. Members of the conspiracy also possessed numerous firearms, including multiple firearms with “selector switches” that convert firearms into machine guns, allegedly in order to protect the drug trafficking operation and target rival gang members. In an August 2020 music video posted on YouTube, Charles can be observed holding a firearm and pointing it at the camera, and displaying a large amount of cash.
Charles was on pretrial release when he was arrested and charged in state court with possessing a firearm in December 2020.
The charge of possession of a controlled substance with intent to distribute provides for a sentence of up to 20 years in prison, at least three years and up to life of supervised release and a fine of up to $1 million. The charge of conspiring to possess, use and carry firearms in furtherance of a drug trafficking conspiracy provides for a sentence of up to life in prison because a machine gun was involved in the offense, five years of supervised release and a fine of $250,000. Sentences are imposed by a federal district judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Malden Police Chief Kevin Molis made the announcement today. Assistance was provided by the Middlesex District Attorney’s Office, the Suffolk District Attorney’s Office and the Boston Police Department. Assistant U.S. Attorneys Philip A. Mallard and Sarah Hoefle of Mendell’s Organized Crime and Gang Unit are prosecuting the case.
The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
M. Rhett DeHart Named as Acting U.S. Attorney for District of South CarolinaRead the Press Release
Charleston, South Carolina – By virtue of the Vacancies Reform Act, M. Rhett DeHart is officially Acting United States Attorney for the District of South Carolina, following the resignation of U.S. Attorney Peter M. McCoy, Jr. Acting U.S. Attorney DeHart formerly served as the District’s First Assistant U.S. Attorney – supervising the Criminal, Civil, Appellate and Administrative Divisions in the District of South Carolina, as well as serving as the primary liaison between the U.S. Attorney’s Office and the Chief U.S. District Judge.
A native of North Augusta, S.C. and a resident of Mount Pleasant, S.C. – Acting U.S. Attorney DeHart has served as an Assistant U.S. Attorney in the District’s Charleston office since 2001, prosecuting a variety of crimes while focusing on white-collar fraud and child exploitation. The recipient of the United States Attorney’s Award in 2006, 2009, and 2014, and numerous law enforcement awards – Acting U.S. Attorney DeHart has prosecuted hundreds of felonies, authored thirty appellate briefs, tried approximately twenty jury and non-jury trials, and argued seven cases before the Fourth Circuit Court of Appeals.
Prior to joining the Department of Justice, Acting U.S. Attorney DeHart was a Counsel on the United States Senate Judiciary Committee, where he supervised the criminal legislation section. A graduate of the Honors College at the University of South Carolina, Acting U.S. Attorney DeHart graduated Order of the Coif from the University of South Carolina School of Law.
Acting U.S. Attorney DeHart will serve in the position until a successor is appointed by the President and confirmed by the Senate.
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