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8 April 2021
Whitakers Man Sentenced for Multiple Robberies in Eastern North CarolinaRead the Press Release
WILMINGTON, N.C. – A Whitakers man was sentenced yesterday to 78 months in prison for bank robbery and robbery of a Family Dollar store.
According to court documents, Christopher Bryan Shingleton, 43, pled guilty to robbing the First Bank located in Morehead City on June 6, 2019 and robbing the Family Dollar located in Havelock on June 15, 2019. During both robberies, Shingleton threatened employees by saying he had a gun and demanded money. Shingleton also agreed to pay restitution for two other robberies that he had committed in Jacksonville and Greenville. In total, Shingleton was ordered to pay $4,910 in restitution.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Richard E. Myers II. The Wilmington Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Jacksonville Police Department, the Morehead City Police Department, the Havelock Police Department, and the Greenville Police Department investigated the case and Assistant U.S. Attorney John Parris prosecuted the case with the assistance of the Onslow County District Attorney’s Office, the Craven and Carteret Counties District Attorney’s Office, and the Pitt County District Attorney’s Office.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:20-cr-00165-M.
Wheeling man admits to role in drug trafficking operationRead the Press Release
WHEELING, WEST VIRGINIA – Matthew Trabert, of Wheeling, West Virginia, has admitted to his role in a drug trafficking conspiracy, Acting United States Attorney Randolph J. Bernard announced.
Trabert, age 37, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Cocaine Base within 1000 feet of a Protected Location.” Trabert admitted distributing cocaine base, also known as “crack,” near Wheeling University in March 2020.
Trabert faces at least one year and up to 40 years of incarceration and a fine of up to $2,000,000. 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
Weekly harboring of aliens lands Mexican man in prisonRead the Press Release
McALLEN, Texas – A 37-year-old Mexican citizen has been ordered to prison following his conviction of harboring aliens within the United States, announced Acting U.S. Attorney Jennifer B. Lowery.
Juan Garcia-Garcia pleaded guilty Sept. 3, 2019.
Today, U.S. District Judge Micaela Alvarez ordered him to serve a 108-month term of imprisonment. In handing down the sentence, the court noted her concern that Garcia-Garcia is in the country illegally and chose to violate the law and engage in criminal conduct. Judge Alvarez said there was no excuse for his actions and that he needed to set a better example for his son. Not a U.S. citizen, Garcia-Garcia is expected to face removal proceedings following the sentence.
On June 10, 2019, law enforcement approached a suspected stash house in Edinburg where they encountered Garcia-Garcia. He admitted to being the owner of the residence. A search of the trailer led to the discovery of 37 undocumented aliens. Authorities also found three firearms and three ledgers containing over 100 names.
Garcia-Garcia admitted to harboring 14 to 21 undocumented aliens per week since February 2019. He was paid $50 per undocumented alien and was responsible for providing food and water.
Garcia-Garcia has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Customs and Border Protection conducted the investigation. Assistant U.S. Attorney M. Alexis Garcia prosecuted the case.
Waunakee Felon Sentenced to 5 Years for Illegal Gun PossessionRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, announced that Samuel Schiltz, 20, Waunakee, Wisconsin, was sentenced today by Chief U.S. District Judge James D. Peterson to 5 years in federal prison for being a felon in possession of a firearm. Schiltz pleaded guilty to this charge on January 26, 2021.
Schiltz sold a Glock 9mm handgun to an undercover agent on May 11, 2020. Four days later, Schiltz sold the agent a Glock .40 caliber handgun. Both handguns had 30-round magazines and auto sears had been installed, which illegally converted the handguns to be fully automatic machine guns. One of the handguns had an obliterated serial number, which Schiltz pointed out to the agent. Schiltz said that he sold illicit drugs such as cocaine and prescription opiates, showed the agent a video of him handling an AR-15, offered to sell the agent two other handguns, and offered to help install illegal auto sears on other handguns to convert them to be fully automatic machine guns. Schiltz was on probation for a felony drug offense at the time that he sold the two guns to the undercover agent.
At sentencing, Judge Peterson said that while Schiltz was a young offender, this was a very dangerous firearm offense. Judge Peterson found the sale of these machine pistols to endanger the entire community and said that the sale of an illegal fully automatic weapon on the streets of Madison was “horrifying.” Schiltz was also ordered to complete three years of supervised release after serving the prison term.
The charge against Schiltz was the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wisconsin Department of Justice Division of Criminal Investigation. The prosecution of the case has been handled by Assistant U.S. Attorney Corey Stephan.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.
United States Attorney’S Office, Through the Department of Justice Project Safe Neighborhoods Program, Funds the Tenderloin Community Benefit District’S New Youth Voice Program in San Francisco’S Tenderloin NeighborhoodRead the Press Release
SAN FRANCISCO – Acting U.S. Attorney Stephanie M. Hinds is proud to join the Tenderloin Community Benefit District in announcing the launch of the Youth Voice Program, funded by a grant from the U.S. Department of Justice Project Safe Neighborhoods program and provided through the United States Attorney’s Office. The Youth Voice Program is a new youth-focused initiative designed to bring together community programs and organizations to center Tenderloin youth on positive change through collective impact.
“I am pleased to support the work done in the Tenderloin through the Tenderloin Community Benefit District,” said Acting U.S. Attorney Stephanie M. Hinds. “My office is dedicated to improving public safety and preventing violence and other crimes in the Tenderloin neighborhood. The funds provided to the Tenderloin Community Benefit District, and other organizations elsewhere in our district, reflect the Department of Justice’s continuing commitment to support youth and other programs designed to improve communities and in turn to decrease crime.”
This work is made possible by a U.S. Department of Justice Project Safe Neighborhoods grant, and is provided through the United States Attorney’s Office, Northern District of California. The total $588,664 grant amount will be used to launch, implement, and sustain the Youth Voice Program through September 30, 2023.
The United States Attorney’s Office has funded a variety of Project Safe Neighborhoods programs in the communities of Salinas, Oakland, and San Francisco over the past several years.
About Project Safe Neighborhoods: Project Safe Neighborhoods (PSN) is a nationwide Department of Justice program that brings together federal, state, local and tribal law enforcement officials, prosecutors and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them—solutions that include prevention, enforcement, and reentry efforts.
PSN is an evidence-based violent crime reduction program that takes a collaborative approach to public safety. Drawing from academic research and decades of experience, the program is based on the fundamental principle that law enforcement agencies and communities must work together to address violent crime to make our neighborhoods safer. PSN leverages law enforcement and community partnerships, along with strategic enforcement efforts, to focus on violent crime and restoring safety and security to vulnerable neighborhoods.
United States Attorney's Office District of Arizona March 2021 Immigration and Border Crimes ReportRead the Press Release
I. Illegal Reentry After Deportation (8 U.S.C. 1326)
166 individuals were charged in March with illegal reentry
A. 146 of those 166 individuals had previously been convicted of non-immigration criminal offenses in the U.S.
Of the 146 individuals with non-immigration criminal records:
1. 37 had violent crime convictions, including:
3 individuals had homicide convictions
15 individuals had sex offense convictions
6 individuals had domestic violence convictions2. 9 had property crime convictions
3. 28 had DUI convictions
4. 67 had drug crime convictions
B. 77 of those 166 individuals had been deported three or more times
II. Alien Smuggling (8 U.S.C. 1324)
41 individuals were charged in March with alien smuggling
III. Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)
0 individuals were charged in March with illegal entry on the CCI calendar
Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.
These numbers represent United States Attorney's Office prosecutions only. These numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
*The Department of Homeland Security instituted a policy in March 2020 of expeditiously returning aliens who illegally enter the United States rather than detaining them. The decreased number of individuals presented to this Office for prosecution coincides with the implementation of that policy and other COVID-19 related border restrictions.
RELEASE NUMBER: 2021-022_March Immigration and Border Crimes Report
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Two Sapulpa Men Plead Guilty to Child Exploitation CrimesRead the Press Release
Two Sapulpa men pleaded guilty today in U.S. District Court to child exploitation crimes, announced Acting U.S. Attorney Clint Johnson.
Aaron James Seney, 32, pleaded guilty to distribution and receipt of child pornography and to possession of child pornography. Nicholas Robert Hale, 36, pleaded guilty to attempted coercion and enticement of a minor. Both men pleaded guilty before U.S. District Judge Gregory K. Frizzell.
“Crimes involving the sexual exploitation of children are one of law enforcement’s highest priorities. Every day we strive to protect the most vulnerable members of our community from falling victim to child predators, like Seney and Hale,” said Acting U.S. Attorney Clint Johnson. “My office and our law enforcement partners will continue to identify, locate, and prosecute child predators and anyone who seeks out or produces child pornography.”
In a written plea agreement, Seney admitted that between March 24, 2020, and September 2, 2020, he distributed and received child pornography via the internet. He further admitted that he knowingly possessed and accessed child pornography, which involved at least one prepubescent minor and a minor that had not attained 12 years of age. U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Tulsa Police Department, Sand Springs Police Department and Oklahoma State Bureau of Investigation conducted the investigation. Assistant U.S. Attorney Christopher J. Nassar is prosecuting the case.
In a written plea agreement, Hale admitted that from Nov. 9, 2020, to Dec. 22, 2020, he used a social media app to persuade and entice an individual he believed was a minor to engage in sexual activity. Hale believed he was interacting with a 14-year-old male but instead was communicating with an undercover officer from the Rogers County Sheriff’s Office. The two eventually agreed to meet at a convenience store in Verdigris in order to have sex. When Hale arrived, he was arrested and found to be in possession of methamphetamine, a loaded pistol in the front driver’s side door and an AR-15 rifle in the trunk of the car. The Rogers County Sheriff’s Office conducted the investigation. Assistant U.S. Attorneys Sandra M. Urban and Christopher J. Nassar are prosecuting the case. Hale will be sentenced on July 9, 2021.
These cases were prosecuted as part of the Justice Department’s Project Safe Childhood initiative. Led by United States Attorney’s 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.
Two Indicted for Drug and Firearm Offenses as Part of Operation PEACE in VallejoRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a five-count indictment today against Calvin James Smith, 33, and Marques Julius Johnson, 39, of Sacramento, Acting U.S. Attorney Phillip A. Talbert announced.
Johnson and Smith are charged with possession with the intent to distribute at least 500 grams of methamphetamine. Smith is also charged with possession of ammunition after being convicted of a domestic violence offense, and Johnson is charged with three additional counts of distribution of methamphetamine.
According to court documents, undercover operatives conducted multiple purchases of counterfeit MDMA tablets containing methamphetamine from Johnson in Vallejo and Sacramento. On Dec. 9, 2020, Johnson and Smith were arrested together during an undercover purchase in Vallejo and found to be in possession of 6,000 methamphetamine tablets and a loaded pistol. Smith was also found carrying an AR-15 rifle that was loaded with a high-capacity magazine.
This case is the product of an investigation by the Drug Enforcement Administration with assistance from Homeland Security Investigations, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Vallejo Police Department. Assistant U.S. Attorney Alexis Nelsen is prosecuting the case.
If convicted, Johnson and Smith face a mandatory minimum of 10 years and up to life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Two Binghamton Men Charged with Drug CrimesRead the Press Release
BINGHAMTON, NEW YORK – Tayvon Whaley, age 29, and Anthony Miller, age 38, both of Binghamton, New York, appeared in federal court late yesterday afternoon on a criminal complaint charging them with federal drug charges, announced Acting United States Attorney Antoinette T. Bacon and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division.
Whaley and Miller were arrested and charged yesterday by complaint. The criminal complaint charges Whaley with possessing with the intent to distribute more than 280 grams of cocaine base (crack) and methamphetamine, and Miller with possessing with the intent to distribute more than 28 grams of cocaine base (crack). It also charges both with aiding and abetting the possession with intent to distribute controlled substances.
The defendants are currently held in custody without bail pending a detention hearing. The charges in the complaint are merely accusations and both men are presumed innocent unless or until proven guilty.
If convicted of the charge set forth in the complaint, Whaley faces a mandatory minimum term of 10 years’ imprisonment, and a maximum potential sentence of life imprisonment, and Miller faces a mandatory minimum term of five years’ imprisonment, and a maximum potential sentence of 40 years’ imprisonment. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case is being investigated the U.S. Drug Enforcement Administration (DEA) and the Broome County Special Investigations Unit Task Force, and is being prosecuted by Assistant U.S. Attorney Andrew D. Beaty.
Temple Hills Felon Convicted After a Three-Day Federal Trial for Robbery, Brandishing and Discharge of a Firearm, and Being a Felon in Possession of a FirearmRead the Press Release
Greenbelt, Maryland – A federal jury has convicted Tyrek Montez Arrington, age 23, of Temple Hills, Maryland, on federal charges for robbing a pharmacy, discharging a firearm in furtherance of a violent crime, and being a felon in possession of a firearm. The trial began on Monday, April 5, 2021 and the jury returned its verdict on April 7, 2021, after deliberating for a total of two hours.
The conviction was 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; and Interim Chief Hector Velez of the Prince George’s County Police Department.
According to evidence presented at the three-day trial, on October 15, 2019, Arrington entered a drug store in Clinton, Maryland wearing a surgical mask and black latex gloves. Armed with a handgun, Arrington walked to the pharmacy area, entered the pharmacist booth, and pointing the gun at the pharmacist, demanded oxycodone from a safe. Arrington then demanded the pharmacist to open the cash register. Arrington fired one round into the ceiling then took the cash the register from the register. Witnesses testified that Arrington attempted to flee with the cash drawer taken from the register. Two law enforcement officers encountered Arrington in the store as he was attempting to flee. One officer saw Arrington with the cash drawer in his hand and ordered Arrington to the ground. Arrington dropped the cash drawer and the handgun and tried to evade the first officer, but ran into the second officer and was arrested.
According to evidence presented at trial, law enforcement collected a live round and a spent shell casing from behind the counter and recovered the handgun that Arrington dropped. The gun, a .22-caliber handgun was loaded with six rounds of .22-caliber ammunition.
Arrington faces a maximum sentence of 20 years in federal prison for robbery; a maximum sentence of 10 years in federal prison for being a felon in possession of a firearm; and a mandatory minimum of 10 years, consecutive to any other sentence, and up to life in prison for using, carrying, brandishing and discharging a firearm in a crime of violence. U.S. District Judge Theodore D. Chuang has scheduled sentencing for Arrington on July 13, 2021 at 2:00 p.m.
Acting United States Attorney Jonathan F. Lenzner commended the FBI and the Prince George’s County Police Department for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorneys Dwight Draughon and William D. Moomau, who prosecuted the case.
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Statement of U.S. Attorney's Office for the District of Columbia before the D.C. Council regarding Record SealingRead the Press Release
Chairman Allen and Members of the Council:
My name is Elana Suttenberg, and I am the Special Counsel for Legislative Affairs at the United States Attorney’s Office for the District of Columbia. I thank you for the opportunity to appear today to share the Office’s views regarding the proposed legislation.
At the outset, I want to express my Office’s commitment to expanded record sealing and the simplification of the record sealing process. We recognize that, in many instances, the most fair and just result in a case is to allow a record to be sealed, so that the person who was arrested or charged is not unduly encumbered by a criminal record.
Consistent with the recognition that, in certain circumstances, the most fair and just result may not be a conviction, USAO offers a variety of diversion programs for defendants in DC Superior Court. The goal of our diversion programs is to maximize public safety, reduce recidivism, and enhance a fair and efficient criminal justice system. Pretrial diversion allows a defendant to receive services and treatment, and to participate in programming that benefits both the defendant and the community.[1] To ensure that more people can benefit from diversion, we also recently expanded pretrial diversion opportunities. For example, last year we expanded access to Mental Health Court to defendants accused of domestic violence offenses. We also expanded access to diversion for first-time defendants accused of certain felony offenses, offering them a pathway to a clean record. And past participation in diversion, whether successful or not, no longer acts as an automatic bar to future participation. Finally, consistent with our commitment to expanded record sealing, we plan to implement a policy whereby, when a first-time arrestee successfully completes diversion in an eligible case, USAO agrees to waive the typical waiting period so that a defendant can immediately move to seal the case after successfully completing diversion.
As to the bills under consideration today, there are several questions regarding record sealing that we will address. First, USAO will address the question of which offenses that do not result in convictions should be eligible for sealing, and which offenses that do result in convictions should be eligible for sealing. Second, we will address the question of what type of sealing is appropriate. Third, we will address the question of whether sealing should be automatic or by motion.
First, we examine the question of which offenses that do not result in convictions should be eligible for sealing, and which offenses that do result in convictions should be eligible for sealing. We support expanding sealing for offenses that do not result in a conviction in a manner similar to the approach of Mayor Bowser’s proposal in the Second Chance Amendment Act of 2021, introduced as Bill 24-0063.[2] Where the offense constituted a dangerous crime under D.C. Code § 23-1331(3), a crime of violence under D.C. Code § 23-1331(4), or where the victim in the case was a minor—that is, a person under 18 years old—we support allowing a person to seal that arrest or charge, but believe that a motion to seal, versus automatic sealing, should be required. It is important to include offenses that involve a minor in this category because, as especially vulnerable victims for whom the community owes a heightened duty, the community has a particular interest in being aware of these offenses. Where the offense did not constitute a dangerous crime under D.C. Code § 23-1331(3) or a crime of violence under D.C. Code § 23-1331(4), or where the victim was not a minor, and where the arrest or charge terminates without conviction after this legislation takes effect, we support automatic sealing; where the arrest or charge terminated without conviction before this legislation took effect, we support allowing a person to move to seal that arrest or charge.
By contrast, there should be a more limited category of offenses eligible for sealing where there is a conviction, which recognizes that the community has a greater interest in access to conviction records than non-conviction records.[3] Conviction records can be used to conduct background checks on individuals looking to purchase guns, work with children, or become employed in a position involving public trust. If a person were ineligible to obtain a gun as a result of a conviction, if a person were convicted of an offense involving a minor victim, if a person were convicted of sexual abuse, or if a person were convicted of an intrafamily offense, that conviction should not be eligible for sealing. Further, many of the offenses that are listed as “ineligible misdemeanors”[4] that are not eligible for sealing under current law relate to the safety of the community and should be available to the community. For example, the current list of “ineligible misdemeanors” that are not eligible for sealing includes misdemeanor sexual abuse, intrafamily offenses, misdemeanor offenses for which sex offender registration is required, failure to report child abuse, criminal abuse of a vulnerable adult, and other offenses. It may be appropriate to reevaluate some of the offenses that are deemed “ineligible misdemeanors” under current law, but we should recognize that many of the offenses on that list were included because they relate to a vulnerable population or relate to veracity. We therefore support sealing for all D.C. Code misdemeanors where there is a conviction, except: (1) many of the offenses included in the list of “ineligible misdemeanors” under current law, including sexual offenses and intrafamily offenses; (2) an offense where the victim in the case was a minor—that is, a person under 18 years old; and (3) an offense that would render a person ineligible to purchase a handgun under D.C. Code § 7-2502.03, which includes all felonies, certain weapons offenses, and certain misdemeanors committed within 5 years.
At the same time, for both convictions and non-convictions, we support eliminating the “disqualifying arrest or conviction” requirement that, under current law, precludes an individual from moving to seal an otherwise eligible offense if they have a subsequent “disqualifying arrest or conviction.” Removing this requirement will simplify and streamline the record sealing process to make it easier for a person to move to seal their record, and easier for the courts and attorneys to process these cases. Where a motion to seal is filed, it would still be appropriate for a court to consider the defendant’s criminal history—including subsequent arrests and convictions—as part of an “interests of justice” analysis, but those other arrests and convictions should not be an automatic bar to eligibility for sealing.
Second, we consider the question of what type of sealing is appropriate. We support record sealing that would allow a person’s publicly available criminal record to be limited. We do not, however, support expungement (as contrasted with sealing) or other limitations on sealing that would result in law enforcement being unable to access records. From a public access perspective, there is no difference between sealing and expungement—that is, a person with a sealed arrest or charge can answer questions to potential employers or others in the community with the same answer, and truthfully state that they have not been arrested, charged, or convicted. But sealed records, as opposed to expunged records, would remain available to law enforcement, including prosecutors, and other appropriate actors. From a law enforcement perspective, it is appropriate for prosecutors to rely on certain non-convictions—even if sealed—when making a charging decision. For example, in a domestic violence case, there may be multiple “no-papered” misdemeanor arrests against a defendant involving the same victim, even where the evidence could have supported the government filing charges. That abuse could escalate into more serious abuse, culminating in serious injury to the victim. When assessing what charges are appropriate, the previous “no-papered” arrests can be highly relevant to assessing a pattern and history of abuse. Further, there must be a mechanism for USAO to continue to be able to review a “no-papered” arrest, even if it is sealed. For example, USAO may decline to charge a case at the time of arrest, but continue to investigate the case through the grand jury and, if appropriate, file charges at a later time. USAO may also decline to charge a case at the time of arrest due to insufficient evidence, but file charges at a later point at any time before the statute of limitations expires if law enforcement later becomes aware of additional evidence or witnesses that would support a prosecution. In addition, we should consider what access victims should have to sealed records in cases in which they are victims, and what information prosecutors and law enforcement should be permitted to disclose to victims when a record is sealed.
Expungement, by contrast, would have adverse impacts that are not immediately apparent.[5] This would include an impact on USAO’s ability to locate and disclose potentially relevant Brady material—that is, material that is favorable to a defendant.[6] Sealing would help alleviate those Brady concerns. Closed files, including those that do not result in a conviction, sometimes contain Brady information, and USAO obtains that information from closed files. If those files were expunged, the government would not be able to access that material either for its own investigatory purposes or to disclose to the defense.[7] This would be a detriment to the defense at trial and to the government’s need to conduct a comprehensive investigation.
Further, for any sealed records, law enforcement needs to be able to access those records via electronic records keeping. Given that USAO processes approximately 20,000 arrests per year, we rely on our electronic records system to search our records. We need to ensure that cases that are sealed can continue to be investigated by the grand jury, and that the sealing provisions do not prohibit prosecutors from sharing sealed information with law enforcement and the grand jury. We need to ensure that these records are searchable through law enforcement databases and are available to law enforcement—including prosecutors—and community supervision agencies, such as the Pretrial Services Agency and the Court Services and Offender Supervision Agency. These community supervision agencies write reports at intake and before sentencing that, among other things, compile a defendant’s criminal history for the use of attorneys and the court to allow the court to conduct a comprehensive review of the defendant’s background and the circumstances of the case. Past convictions can be relevant to calculation of criminal history score under the DC Voluntary Sentencing Guidelines. When a defendant with a sealed record engages in subsequent criminal activity, previously sealed records should be available for use by the courts when making detention decisions and ascertaining an appropriate sentence, in a manner similar to how conviction set-asides are treated under the Youth Rehabilitation Act,[8] how juvenile case records are treated, and how certain sealed records are treated under current law.[9] Considering a defendant’s criminal history in its totality allows consideration of a defendant’s subsequent criminal activity in its appropriate context, and allows judges to consider all relevant facts in their decisions. Finally, we believe that it is important for the Council to ensure that any sealing legislation has a mechanism that allows a court to unseal a previously sealed record if, for example, a case that was originally “no-papered” is later charged, or if USAO needs to provide sealed records to the defense in a case.
Third, we address the question of whether sealing should be automatic or by motion. As discussed above, in a manner similar to the proposal in the Second Chance Amendment Act, we support the automatic sealing of non-convictions where the offense was not a crime of violence, dangerous crime, or crime that involved a minor victim, where the arrest or charge terminates without conviction after this legislation takes effect. Automatic sealing would mean that, absent an objection from the prosecutor, the record would be automatically sealed. Where the arrest or charge terminates without conviction before this legislation takes effect, however, sealing by motion is appropriate. There are two primary reasons for this distinction. The first reason is to give full weight to crime victims and crime victim rights, and the relationship between this sealing legislation and the Crime Victims’ Rights Act, which, among other things, provides that a victim has a right to be present at all court proceedings related to the offense, including record-sealing hearings.[10] Automatic retroactive sealing would make compliance with this provision virtually impossible, given the sheer volume of cases that would be eligible for sealing. The second reason is a logistical reality. Although automatic retroactive sealing may be well-intentioned, there would be hundreds of thousands of arrests and other non-convictions to process, which would involve the coordination of multiple agencies and the courts to implement. As to non-convictions where the offense was a crime of violence, dangerous crime, or crime that involved a minor victim, and as to convictions, sealing by motion remains appropriate. This allows a court to fully review each case to assess the offense and whether sealing is appropriate. When there is a motion to seal, we ask the Council to include an order for the government to respond.[11] This facilitates our processing of these cases, because absent a court order, we often do not become aware when a motion to seal is filed. It would also streamline and expedite the process if individuals looking to seal their records moved to seal all eligible offenses at the same time.
Finally, although the policy objectives of this legislation are laudable, we anticipate that the practical and logistical realities of both drafting and implementing this legislation will be complex, and many partners will need to be engaged to maximize efficiencies and streamline the process. We stand ready to work with the Council and our partners both to develop and successfully implement this legislation.
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The U.S. Attorney’s Office for the District of Columbia commends the Council and the Mayor for their commitment to streamlining and enhancing record sealing in the District, and looks forward to continuing to work with the Council on this important issue.
[1] Although diversion options are varied and tailored to meet the needs of each case, victim, and defendant, options for diversion may include: completing an anger management class or a domestic violence intervention program; receiving mental health, alcohol, or drug treatment; staying away from and having no contact with a victim or a location; and/or completing community service. If a defendant successfully completes the diversion requirements, the case is dismissed, and the defendant does not have a conviction in that case. As appropriate, we also divert cases to the Superior Court Mental Health Community Court (Mental Health Court) or the Superior Court Drug Intervention Program (Drug Court). These voluntary treatment courts connect defendants with serious mental health issues or drug addictions to qualified treatment providers, with the goal of treating these individuals and keeping them out of the criminal justice system. More information about USAO’s diversion programs is available at https://www.justice.gov/usao-dc/diversion-programs.
[2] Under current law, the non-convictions eligible for sealing after a 2-year waiting period are offenses deemed “eligible misdemeanors,” see D.C. Code § 16-803(a), and the non-convictions eligible for sealing after a 3- or 4-year waiting period are characterized as “any other offense,” see D.C. Code § 16-803(b). Both types of non-convictions require that a person not have a “disqualifying arrest or conviction,” and can only be sealed following a motion to seal. There are various scenarios in which an arrest or a charge may not result in a conviction. For example: prosecutors may “no paper” an arrest and not file any charges; prosecutors may voluntarily dismiss a case, including as part of a global resolution involving guilty pleas in other pending cases; prosecutors may dismiss a case after a defendant successfully completes diversion; a court may dismiss a case; or a defendant may be found not guilty at trial.
[3] Under current law, the convictions eligible for sealing after an 8-year waiting period are offenses deemed “eligible misdemeanors” and “eligible felonies.” See D.C. Code § 16-803(c). These convictions require that a person not have a “disqualifying arrest or conviction.”
[4] See D.C. Code § 16-801(9).
[5] In addition, federal agencies have certain recordkeeping requirements that would prohibit them from destroying or disposing of their records in certain circumstances.
[6] See Brady v. Maryland, 373 U.S. 83 (1963).
[7] Exculpatory material can be present even in relatively low-level misdemeanor offenses. For example, if a case were originally investigated as a felony offense, a witness may have testified in the grand jury and perjured himself or herself. If a case went to trial as a misdemeanor offense, a witness may have perjured himself or herself at trial, or, regardless of whether it went to trial, a witness may have made inconsistent statements to police or prosecutors that could be exculpatory. The government should be able to access those prior statements to assess a witness’s credibility and to make disclosures to the defense. Even in a case of actual innocence, although the person who is found to be actually innocent should be entitled to seal their case records, law enforcement needs to be able to keep those case records. If, for example, a person were found to be actually innocent due to misidentification, prosecutors and law enforcement would need access to those case records in the event that the person who actually committed the offense is correctly identified and prosecuted. Moreover, if, for example, a person is found to be actually innocent due to a witness’s false or inconsistent statements originally incriminating that person, law enforcement should be aware of that witness’s false or inconsistent statements when investigating any subsequent case involving the same witness.
[8] See D.C. Code § 24-906(f).
[9] See D.C. Code § 16-806(b).
[10] See D.C. Code § 23-1901(b)(4).
[11] See, e.g., D.C. Code § 16-804(d), which provides: “The prosecutor shall not be required to respond to the motion unless ordered to do so by the Court….”
St. Thomas Man Pleads Guilty to Stealing over $300,000 from His Father, Moving Money Through Different Bank AccountsRead the Press Release
St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced today that Lenroy Ravalier, Jr. pleaded guilty to bank fraud.
According to public documents filed in the case, Ravalier forged checks in his father’s name totaling over $300,000, in order to obtain those funds for himself. Ravalier then moved much of the money through various bank accounts in order to conceal the unlawful activity, one of the accounts having been specifically created for the purpose of moving the stolen funds.
This case is being investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Nathan Brooks. The court will set a sentencing hearing date for Ravalier at a later time.
South Carolina’s Largest Urgent Care Provider and its Management Company to Pay $22.5 Million to Settle False Claims Act AllegationsRead the Press Release
Columbia, South Carolina --- Acting United States Attorney for the District of South Carolina M. Rhett DeHart announced today that Doctors Care, P.A. (“Doctors Care”) – South Carolina’s largest urgent care provider network – and its management company, UCI Medical Affiliates of South Carolina, Inc. (“UCI”), will pay $22.5 million to resolve civil allegations of healthcare fraud in violation of the False Claims Act.
The case began with a whistleblower complaint alleging that Doctors Care, UCI, and UCI Medical Affiliates, Inc. (a related holding company), falsely certified that certain urgent care visits were performed by providers who were credentialed to bill Medicaid, Medicare, and TRICARE for medical services. Whereas, the services were performed by non-credentialed providers, according to the complaint.
Federal health insurance companies require physicians and midlevel providers to apply for and receive approval to bill any services to the insurer. This approval is known as a provider’s “billing credentials.” Providers are obligated to renew these billing credentials periodically and must obtain new credentials with new employment.
As early as 2013 and continuing to 2018, it is alleged that UCI was unable to secure and maintain necessary billing credentials for most Doctors Care providers. UCI knew that federal insurance programs would deny claims submitted with the billing number of a provider who had not yet received their billing credentials. But instead of solving its credentialing problem – or holding claims while a temporary solution could be found – UCI allegedly submitted the claims falsely, “linking” the uncredentialed rendering providers to credentialed billing providers in order to get the claims paid.
With each “linked” bill, it is alleged that UCI knowingly submitted a false claim for payment. Evidence obtained in support of the allegations includes emails memorializing UCI’s “linking” scheme and well-organized “cheat sheets,” as employees called them, which UCI used to keep track of properly-credentialed billing providers whose names could be substituted on uncredentialed providers’ bills.
The “billing credentials” at issue in this case are distinct from a provider’s degree or license to practice medicine. There is no evidence in this case that any Doctors Care provider lacked a medical license or that patient care was compromised due to the conduct at issue.
“When healthcare companies do business with the federal government, they must follow the rules like everyone else,” said Acting U.S. Attorney DeHart. “All companies with this distinction – regardless of size – should honor their commitment to provide competent care to the full letter of the law. Our office will continue to protect tax dollars and ensure the rule of law is followed.”
“Taxpayers and Medicare patients rightly expect medical providers to be properly credentialed before billing for their services,” said Derrick L. Jackson, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services (“HHS-OIG”). “Working with our law enforcement partners, we will continue protecting Federal healthcare programs.”
"The results of this investigation exemplify the commitment of the United States Department of Defense Criminal Investigative Service (“DCIS”) and its law enforcement partners to root out fraud and corruption involving unscrupulous companies that undermine the integrity of the Department of Defense," said Special Agent in Charge Christopher Dillard of the DCIS Mid-Atlantic Field Office. "This case should serve as a stark warning to those who attempt to exploit Department of Defense resources for personal gain."
The settlement of $22.5 million is the result of over three years of investigation, led by the United States Attorney’s Office in coordination with the HHS-OIG and DCIS. Upon receiving the first investigative subpoena in early 2018, management for UCI and Doctors Care acted promptly to investigate and stop the conduct subject to this settlement.
In addition to the monetary settlement, UCI and Doctors Care also entered into a Corporate Integrity Agreement with the Office of Inspector General. Among other things, the Corporate Integrity Agreement requires that for the next five years UCI must retain an Independent Review Organization to perform a claims review in accordance with the specific requirements of the Corporate Integrity Agreement, and it requires that UCI routinely be monitored by the Office of Inspector General.
This matter was investigated and negotiated by Assistant United States Attorney Brook Andrews and Assistant United States Attorney Nancy Cote, with the assistance of Special Agent Ryan Schubert of HHS-OIG and Special Agent Doyle Mullis of DCIS. The whistleblowers were represented by Bert Louthian, John Simmons, Bill Nettles, and Fran Trapp.
The case is captioned United States ex. rel. Dove v. UCI Medical Affiliates, Inc., et. al, 2:17-cv-02291-RMG (D.S.C.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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Sabine Parish Man Found Guilty by Federal Jury in ShreveportRead the Press Release
SHREVEPORT, La. - Acting United States Attorney Alexander C. Van Hook announced that Dillon Merritt, 53, of Many, Louisiana, has been convicted by a federal jury in the Western District of Louisiana on firearms charges. United States District Judge Donald E. Walter presided over the trial.
After a full day of trial and evidence being introduced, a federal jury deliberated and found Merritt guilty yesterday on both counts in the indictment. Evidence introduced at trial revealed that law enforcement officers with the Sabine Parish Sheriff’s Office, learned that Merritt, who has several felony convictions, had firearms in his possession. On January 12, 2018, law enforcement officers arrested Merritt on a warrant based on his illegal possession of a firearm and on May 22, 2019, he was indicted by a federal grand jury in the Western District of Louisiana and charged with two counts of being a convicted felon in possession of a firearm.
Merritt has a lengthy criminal history, including felony convictions for cruelty to juveniles (2003), aggravated domestic battery (2010), and possession of methamphetamine (2015).
The defendant faces up to 20 years in prison for both counts and up to a $250,000 fine. Sentencing is set for August 5, 2021 at 11:00 a.m.
The ATF and Sabine Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorneys Cadesby B. Cooper and Earl M. Campbell prosecuted the case.
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. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
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Puerto Rico Man Sentenced to More Than 6 Years in Federal Prison for Trafficking Cocaine to ConnecticutRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, today announced that LUIS COLLAZO-RIVERA, 40, of Caguas, Puerto Rico, was sentenced yesterday by U.S. District Judge Vanessa L. Bryant in Hartford to 75 months of imprisonment, followed by three years of supervised release, for trafficking cocaine from Puerto Rico to Connecticut through the U.S. Mail.
According to court documents and statements made in court, in 2017, the Drug Enforcement Administration’s Hartford Task Force and the U.S. Postal Inspection Service began investigating a drug trafficking organization that was sending Priority Mail parcels containing kilogram-quantities of cocaine through the U.S. Mail from Puerto Rico to Connecticut and elsewhere. The investigation revealed that Erick Suarez, of New Britain, coordinated shipments of cocaine from Collazo-Rivera and his associates in Puerto Rico to addresses in New Britain, Hartford, Newington, East Hartford and Bridgeport, as well as Springfield, Massachusetts. Investigators identified more than 50 suspect parcels that were mailed from Puerto Rico, and intercepted five of the suspect parcels, each of which contained approximately one kilogram of cocaine.
On April 10, 2018, investigators arrested Collazo-Rivera and several other members of the cocaine trafficking ring, including Jerry Rodriguez, also known as “Bebo,” of Hartford. On that date, a search of Rodriguez’s residence revealed approximately 400 grams of cocaine, approximately 160 grams of heroin, items used to process and package narcotics for street sale, and a loaded .45 caliber handgun. Also on that date, investigators searched Suarez’s residence, as well as two storage units used by Suarez and one storage unit used by Rodriguez in West Hartford. The search of Suarez’s storage units revealed more than $50,000 in cash and a search of Rodriguez’s storage unit revealed additional items used to process and package narcotics.
Collazo-Rivera has been detained since his arrest.
On April 18, 2018, a grand jury returned an indictment charging Collazo-Rivera, Suarez, Rodriguez and four other individuals with conspiring to distribute cocaine. Collazo-Rivera pleaded guilty on April 8, 2019.
Suarez and Rodriguez also pleaded guilty. On January 15, 2020, Suarez was sentenced to 97 months of imprisonment and, on February 21, 2020, Rodriguez was sentenced to 60 months of imprisonment.
The DEA’s Hartford Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments. The DEA Puerto Rico Caribbean Corridor Strike Force and U.S. Postal Inspection Service, Newark Division, San Juan (P.R.) Office, have assisted the investigation.
This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Pittsburgh Man Sentenced for Possessing Sexually Explicit Images of MinorsRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court three years’ (36 months’) imprisonment and six years’ supervised release on his conviction of Possession of Material Depicting the Sexual Exploitation of a Minor, Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Joshua D. Kudrav, age 38, of Pittsburgh, Pennsylvania.
According to information presented to the court, Kudrav, on October 4, 2019, was found in possession of hundreds of still images in computer graphics files and in printed format depicting minors, some of whom had not yet attained the age of 12 years, engaging in sexually explicit conduct. Kudrav admitted to downloading the images from the Internet and creating collages of the sexually abusive imagery.
Prior to imposing sentence, Judge Fischer stated that she believed that a three-year term of imprisonment would result in just punishment and would allow for necessary rehabilitation and deterrence.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
Acting United States Attorney Kaufman commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Kudrav.
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.justice.gov/psc.
Pine Ridge Man Sentenced for Abusive Sexual ContactRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man convicted of Abusive Sexual Contact was sentenced by Jeffrey L. Viken, U.S. District Court.
Benton Rowland, age 36, was sentenced on March 26, 2021, to 20 years in federal prison, followed by 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Rowland was indicted by a federal grand jury in November 2016. The charge related to Rowland engaging in sexual contact with a child under the age of 12, between 2008 and 2014 at Pine Ridge and Manderson, South Dakota.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Rowland was immediately turned over to the custody of the U.S. Marshals Service.
Peoria Businessman to Serve Two Years in Prison for Filing False Business Tax ReturnsRead the Press Release
PEORIA, Ill. – Yousef Abdallah, a former Peoria, Ill., businessman who owned and operated a Danville, Ill., liquor store, as well as other businesses, has been sentenced to 24 months in prison for filing false corporate tax returns that under-reported the business’s earnings. U.S. District Judge Joe Billy McDade sentenced Abdallah, 69, yesterday, April 7, 2021. In addition to the prison sentence, Abdallah, who now resides in Danville, was ordered to pay restitution to the IRS in the amount of $176,196 and was fined $15,000.
“As we enter tax season, it is important to remember that submitting fraudulent tax returns is a crime that will be prosecuted and it is a crime that ultimately causes all of us to pay higher taxes,” stated Acting U.S. Attorney Doug Quivey.
"Let this serve as a reminder as tax season continues, those who might consider preparing false tax returns should be aware of the extremely negative consequences as evidenced today," said Tamera Cantu, Acting Special Agent in Charge of the Chicago Field Office. "The sentencing of Mr. Abdallah again emphasizes that the Internal Revenue Service and U.S. Attorney’s office will continue their aggressive pursuit of those who would attempt to cheat America's tax system."
On July 1, 2019, Abdallah pleaded guilty to filing a false corporate tax return for the 2014 tax year. As part of his plea, he agreed to pay restitution to the IRS for tax years 2013, 2014, and 2015, for which he had approximately $1 million in unreported gross sales. According to court documents, Abdallah came to the attention of the IRS when he listed his business, Danville Wine & Spirits, Inc., doing business as Danville Liquors, for sale on the internet. His asking price was $425,000 based on touted sales of $1.56 million per year. However, Abdallah admitted that he did not report all his sales on the income tax return.
Supervisory Assistant U.S. Attorney Darilynn J. Knauss prosecuted the case. The Internal Revenue Service, Criminal Investigation Division, conducted the investigation.
Parker Man Sentenced to Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
PHOENIX, Ariz. – On Monday, Simon Calvin Simms Hiatt, 46, of Parker, AZ was sentenced by U.S. District Judge Steven P. Logan to 108 months in prison, followed by four years of supervised release. Hiatt previously pleaded guilty to possession with intent to distribute methamphetamine.
On November 19, 2018, officers from the Colorado River Indian Tribes Police Department contacted Hiatt in Parker, AZ during a traffic stop. While conducting a search of Hiatt’s passenger, an officer found a digital scale underneath her clothing that contained a white powdery substance inside. Officers then searched Hiatt’s vehicle and located more than half a pound of methamphetamine and a loaded firearm. Hiatt is an enrolled member of the Colorado River Indian Tribes.
The Federal Bureau of Investigation and the Colorado River Indian Tribes Police Department conducted the investigation in this case. Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-19-00777-PHX-SPL
RELEASE NUMBER: 2021-023_Hiatt# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Opinion: D.C. should not disregard misdemeanor crimes -- but should keep focusing on rehabilitation programsRead the Press Release
A Washington Post Op-Ed by Channing D. Phillips Acting U.S. Attorney for the District of Columbia.
How should prosecutors treat nonviolent misdemeanors? As a result of the covid-19 pandemic, proceedings in most nonviolent misdemeanor cases in the U.S. Attorney’s Office for the District of Columbia were paused last year. In a Post op-ed last month, three Georgetown Law professors urged that this moratorium continue after the pandemic subsides, arguing that such prosecutions “inflict enormous harms” while resulting in “little good.” While well-intentioned, this recommendation is misguided.
First, it disregards the negative impact that criminal offenses have on District residents, and particularly on crime victims. Many misdemeanor offenses, whether committed against an intimate partner or against a stranger, make it harder for District residents and visitors to feel and be safe in their homes, businesses and neighborhoods.
Many victims of these offenses feel strongly, and understandably so, that the crimes against them should be prosecuted or, at a minimum, that there should be some form of accountability on the part of the offender. This can be true even where the crime is “nonviolent,” such as theft, violation of a stay-away order or destruction of property.
Second, while I agree with the assertion that many of the crimes are crimes of poverty, and thus symptoms of larger systemic issues, the solution is not simply to ignore or give a pass on the behavior. Instead, we should try to address the conduct that led the person to offend in the first instance. In this regard, our office is a national leader in advocating for rehabilitative-focused alternatives to traditional prosecution for many people who have committed misdemeanor offenses.
In addition, our prosecutors individually analyze every case presented. We do not file criminal charges following many arrests — particularly where the offense involves low-level conduct or where the defendant has a limited criminal history. When we do file charges, we decide whether to charge felonies or misdemeanors. Where key factors — such as victim wishes, limited criminal history and acceptance of responsibility support leniency — we frequently exercise discretion to charge or plead as misdemeanors those crimes that meet the elements of felony offenses.
And, for many misdemeanor offenses, we offer diversion so defendants can enter rehabilitation-focused programs, offering targeted help to the accused and the opportunity to avoid a criminal conviction.
For example, we have long collaborated with other District entities to treat defendants’ underlying drug addiction and mental health challenges, which can contribute to criminal behavior. In partnership with the Pretrial Services Agency, we refer many defendants charged with misdemeanor and some felony offenses to the D.C. Superior Court Mental Health Community Court or the Superior Court Drug Intervention Program, commonly called Drug Court. These voluntary treatment courts connect defendants suffering serious mental health issues or drug addictions to qualified treatment providers, with the goal of treating these individuals and keeping them out of the criminal justice system.
We also partner with the superior court to offer many defendants charged with misdemeanors the opportunity to complete community service, provide restitution to victims and not commit any new offenses for an agreed-upon period in exchange for dismissal of their cases.
Additionally, we work closely with the superior court’s diversion program, which offers defendants charged with misdemeanors the chance to avoid a criminal conviction by engaging in educational or employment programming. Defendants who complete these programs obtain a high school diploma or its equivalent, and are connected with career counseling programs.
We continually evaluate potential expansions to these diversion programs, which in 2019 alone benefited more than 1,200 defendants. For example, last year we expanded access to the Mental Health Community Court to defendants accused of domestic violence offenses. We also expanded access to diversion for first-time defendants accused of certain felony offenses, offering them a pathway to a clean record. Past participation in diversion, whether successful or not, no longer acts as an automatic bar to future participation.
This year, we are working to start restorative justice programs that allow victims and defendants to speak openly about crime and its effects. And we are also working to begin a diversion program focused on veterans, who often deal with unique challenges when they leave military service.
We support efforts to prevent crime, but also recognize the importance of accountability when those prevention efforts are not successful. We must acknowledge that crime affects everyone, and that our response must hold defendants accountable, while empowering them to make different choices in the future.
Sometimes, traditional tools of prosecution, including incarceration, are necessary. But frequently in misdemeanors, alternative approaches may work best. We will continue to use all the tools we possess to address the needs of everyone in the criminal justice system, regardless of offense, while keeping in mind: The correct response to crime is not to ignore it.
See link to article here: https://www.washingtonpost.com/opinions/2021/04/08/why-moratorium-misdemeanor-court-shouldnt-stay/
Northern Michigan Man Sentenced to Fifty Years for Child ExploitationRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced that Duane Richard Forrest, age 48, of Sault Ste. Marie, Michigan, was sentenced to a total of fifty years for photographing and videotaping his sexual exploitation of two boys in their early teens. He was also ordered to pay $10,200 in special assessments.
“The trauma of sexual abuse can last decades, even a lifetime,” said Birge. “Mr. Forrest’s sentence reflects the seriousness of his crimes and the enduring harm caused when offenders record and preserve their abhorrent exploitation of minors in visual media. Thanks to a partnership between Homeland Security Investigations and Chippewa County, Mr. Forrest was caught and will never be able to victimize the young again.”
In 2020, witnesses told law enforcement that Forrest had sexually abused two minors he had befriended. Police obtained a search warrant for Forrest’s home and found sexual pictures and videos of multiple children, including the two minors that witnesses had identified. Federal and local authorities then jointly investigated the full scope of Forrest’s criminal activity. Forrest was charged federally for producing child pornography and eventually pled guilty. A federal charge related to his possession of child pornography that included images obtained on-line was dismissed pursuant to a plea agreement, but the court could still consider that conduct under federal sentencing guidelines. U.S. District Judge Paul L. Maloney sentenced him to 300 months (25 years) in prison for his exploitation of each of the victims. He ordered that the sentences be served consecutively, meaning Forrest’s total federal sentence is 50 years in prison.
Vance Callender, special agent in charge of Homeland Security Investigations (HSI) Detroit, observed, “Child sex abuse is a particularly heinous crime, and HSI works with its state and local partners to bring a network of international resources and foreign law enforcement counterparts to bear against those who seek to exploit our most vulnerable.”
Sheriff Michael D. Bitnar of Chippewa County commended the investigators who exposed Forrest’s misconduct, saying, “The work these officers did brought justice to the young victims of this crime. I am very proud of everyone involved in this investigation. There is nothing more important than keeping our children safe from predators like Mr. Forrest.”
Forrest was also separately charged in state court and has pled guilty to a state criminal sexual conduct offense, which encompasses additional unrecorded abuse. A sentencing hearing on the state charge is scheduled for later this month.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney’s Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, tribal, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
Assistant U.S. Attorney Austin J. Hakes prosecuted the federal case. It was investigated by Homeland Security Investigations, a division of U.S. Immigrations and Customs Enforcement, as well as the Chippewa County Sheriff’s Office.
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Navajo man sentenced to 12 years in prison for manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Joshua Gutierrez, 22, an enrolled member of the Navajo Nation, was sentenced April 7 in federal court to 12 years in prison for voluntary manslaughter involving the use of a firearm in Indian Country.
Gutierrez pleaded guilty Oct. 15, 2020. According to the plea agreement and other court documents, on March 29, 2020, while visiting the home of his girlfriend and her father, Gutierrez was awakened by an argument. He armed himself with a handgun, walked toward the room where the argument was taking place, and passed one of the men involved in the argument. As they passed each other, the man swung at Gutierrez, and Gutierrez shot the man in the chest, killing him. Gutierrez then pointed the gun at two other people and threatened to shoot them if they did not leave. The incident took place in To’hajiilee, New Mexico, on the Navajo Nation. In his plea, Gutierrez waived any claim of self-defense.
Upon his release from prison, Gutierrez will be subject to three years of supervised release.
The FBI investigated this case with assistance from Navajo Nation Police Department and the Navajo Nation Department of Criminal Investigation. Assistant U.S. Attorney Allison Jaros prosecuted the case.
Navajo man pleads guilty to second degree murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Simeon Atcitty, 38, of Shiprock, New Mexico, pleaded guilty in federal court today to second degree murder in Indian Country.
A grand jury indicted Atcitty on Sept. 10, 2020. According to the indictment and other court records, on or about June 19, 2020, Atcitty had been drinking with the victim, identified as John Doe, at Atcitty’s home in San Juan County, New Mexico, on the Navajo Nation. Atcitty was angered by something Doe said and struck Doe in the head and the chest until Doe was seriously injured and was no longer moving. Atcitty then wrapped up Doe’s body and left the home. Law enforcement discovered Doe’s body about a week later.
Atcitty is currently in custody pending sentencing. He faces up to life in prison.
The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.
Navajo Nation member pleads guilty to sexual abuse of a minor in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Jeremiah Elijah Jim, 31, of Teec Nos Pos, Arizona, and an enrolled member of the Navajo Nation, pleaded guilty in federal court on April 5, to an information charging him with aggravated sexual abuse of a minor in Indian Country.
In his plea agreement, Jim admitted that on or about June 3, 2019, he threatened John Doe, a child younger than 16, with serious bodily injury and sexually abused him. The abuse took place in Shiprock, New Mexico, on the Navajo Nation.
Jim is currently in custody pending sentencing, which has not yet been scheduled. By the terms of the plea agreement, Jim faces between 14 and 24 years in prison.
Jim’s co-defendant, Bryan Bull, remains in custody pending trial, which is currently scheduled for May 10, 2021. According to the indictment, filed on Sept. 10, 2020, Bull and Jim were charged with four counts of aggravated sexual abuse and two counts of abusive sexual contact.
The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.
Methuen Man Sentenced for Distributing FentanylRead the Press Release
BOSTON – A Methuen man was sentenced today in federal court in Boston for distributing fentanyl.
Alexsander Padro, 28, was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to eight years in prison and four years of supervised release. In September 2020, Padro pleaded guilty to distributing more than 40 grams of fentanyl.
Padro sold more than 40 grams of fentanyl to a cooperating source at a restaurant in Methuen on July 10, 2019. Padro also sold more than 40 grams of fentanyl to an undercover officer in March 2019 and $1,000 worth of fentanyl to an undercover officer in April 2019.
Acting United States Attorney Nathaniel R. Mendell and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Assistant U.S. Attorney Bill Abely, Chief of Mendell’s Major Crimes Unit, prosecuted the case.
Meridian Convicted Sex Offender Sentenced to 40 Months in Federal Prison for Unlawful Possession of a FirearmRead the Press Release
BOISE – Adekusibe Mark Onibokun, 38, of Meridian, was sentenced in U.S. District Court to 40 months in federal prison for unlawful possession of a firearm, Acting U.S. Attorney, Rafael M. Gonzalez announced today. Chief U.S. District Judge David C. Nye also ordered Onibokun to serve three years of supervised release following his prison sentence and to pay a $3,000 fine.
According to court records, in 2005, Onibokun was convicted of sexual abuse of a child under the age of 16 in Ada County. While on parole for that offense, Idaho Department of Correction parole officers received a report that Onibokun had threatened someone and was in possession of a firearm. Parole officers searched Onibokun’s vehicle on June 4, 2019 and discovered a loaded Glock .40 handgun underneath the driver’s seat. On June 10, 2019, a federal grand jury returned an indictment charging Onibokun with unlawful possession of the firearm. Onibokun proceeded to a federal jury trial in November 2020 in Boise. At trial, Onibokun testified that he had no knowledge of the firearm and he also called his girlfriend as a witness and she testified that she had mistakenly left the firearm in his vehicle without his knowledge. After deliberating for six hours, the jury informed the Court that they were unable to come to a unanimous verdict and a mistrial was declared. After trial, a special agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives discovered a recorded jail call between Onibokun and his girlfriend which established they both lied during their testimony at trial. After receiving the recorded calls, Onibokun pleaded guilty on December 21, 2020, and acknowledged that he knowingly possessed the firearm and committed perjury at trial. Onibokun received a sentencing enhancement for obstruction of justice.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boise Police Department, and Idaho Department of Correction.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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McLaughlin Woman Charged with Assault of Federal OfficerRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a McLaughlin, South Dakota, woman has been indicted by a federal grand jury for two counts of Assault of a Federal Officer.
Theresa Red Fox, age 35, was indicted on February 8, 2021. She appeared before U.S. Magistrate Judge William D. Gerdes on April 2, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is eight years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 27, 2020, in McLaughlin, Red Fox assaulted two Bureau of Indian Affairs police officers while they were performing a lawful arrest.
The charges are merely accusations and Red Fox is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Red Fox was released on conditions pending trial. A trial date has not been set.
Mandeville Woman Sentenced for Distributing Prescription MedicationRead the Press Release
NEW ORLEANS - U.S. Attorney Duane A. Evans announced that NATALIE BARTON, age 41, of Mandeville, Louisiana, was sentenced on April 7, 2021 by United States District Judge Lance M. Africk after previously pleading guilty to one count of misbranding prescription drugs, in violation of 21 U.S.C. §§ 331(a) and 333(a)(2).
Court records indicate that BARTON and her husband distributed prescription medications through websites and in a brick-and-mortar store. These prescription drugs were dispensed without valid prescriptions issued by licensed practitioners, and without labels that complied with the Food, Drug, and Cosmetic Act. Instead, these substances included labels that were misleading, in that they stated that the substances were not for human consumption, which was false. BARTON and E.B. were not practitioners licensed by law to administer prescription drugs.
United States District Court Africk sentenced BARTON to 5 years of probation. The Court also imposed a $100 mandatory special assessment.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration, the Food and Drug Administration, the United States Postal Inspection Service, and the Department of Homeland Security, Homeland Security Investigations in investigating this matter. U.S. Attorney Evans expressed appreciation for the support provided by the United States Anti-Doping Agency and the Sports Medicine Research and Testing Laboratory. Assistant United States Attorneys Jonathan Shih and Inga Petrovich are charge of the prosecution.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (“OCDETF”). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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Man Who Set Fire to Chicago Police Vehicle During Civil Unrest Pleads Guilty in Federal CourtRead the Press Release
CHICAGO — A man admitted in federal court today that he threw a lit firework into a Chicago Police vehicle during a period of civil unrest in downtown Chicago last May.
JACOB MICHAEL FAGUNDO, 23, of Chicago, pleaded guilty to one count of interfering with a law enforcement officer during the commission of a civil disorder. The charge is punishable by up to five years in federal prison. U.S. District Judge Robert W. Gettleman set sentencing for July 14, 2021, at 10:00 a.m.
The guilty plea was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kristen deTineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; and David Brown, Superintendent of the Chicago Police Department. The Chicago Fire Department provided valuable assistance. The government is represented by Assistant U.S. Attorney John D. Cooke.
Fagundo admitted in a plea agreement that on the evening of May 30, 2020, he and other individuals approached the unoccupied CPD vehicle in a garage at 30 E. Kinzie St. in the city’s River North neighborhood. After Fagundo and the other individuals shattered the vehicle’s rear windshield, Fagundo lit a firework and threw it through the open window, the plea agreement states. The vehicle became engulfed in flames and the Chicago Fire Department was called to extinguish the blaze.
CPD officers had parked the vehicle in the garage while engaged in their official duties during a period of civil disorder in the city. In addition to setting fire to the vehicle, Fagundo spray-painted another Chicago Police vehicle earlier in the day, the plea agreement states.
Fagundo admitted that he bought the fireworks, lighter fluid, and other products a day earlier at a department store in Chicago so that he could bring them to the planned protests downtown.
Man Sentenced for Embezzling $121,000+ in Disability BenefitsRead the Press Release
A man who embezzled more than $120,000 in social security disability benefits has been sentenced to 15 months in federal prison, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Robert Salinas, 53, pleaded guilty in June 2020 to theft of government funds. He was sentenced on Thursday by Chief U.S. District Judge Barbara M.G. Lynn.
According to plea papers, in 2010, Mr. Salinas began receiving Social Security Administration (SSA) disability benefits for back problems, which he continued to collect through 2018. He also collected auxiliary benefits for his minor daughter.
The defendant admitted that in 2011, he took a trucking job with AMX, which included loading, unloading, and driving.
Knowing that the SSA would not continue to pay him benefits if they knew he was employed, Mr. Salinas failed to disclose his change in employment status to the SSA and concealed his job from the government by applying for and working under an alias, using a false social security number, alien registration number, and counterfeit permanent residence card.
From July 2011 through October 2018, Mr. Salinas collected $121,743.30 in Title II disability insurance benefits and child auxiliary benefits to which he was not entitled, he admitted.
The case against Mr. Salinas was initiated pursuant to receiving a referral from the SSA fraud hotline, 1-800-269-0271.
“We will continue to aggressively defend the integrity of Social Security’s disability programs to ensure those benefits remain available to those who truly qualify,” said Adam Schneider, Special Agent-in-Charge of the of the SSA OIG Dallas Field Division. “I want to thank the U.S. Attorney’s Office for their support, and their efforts to bring this individual to justice and recover funds for Social Security.”
The Social Security Administration Office of Inspector General conducted the investigation. Assistant U.S. Attorney Katherine Miller and SSA Special Assistant U.S. Attorney Jenna Rudoff prosecuted the case.
Madison Heights Man Sentenced to over 20 Years in Drug ConspiracyRead the Press Release
LYNCHBURG, Va. - Eric Joseph Gravette, who was convicted in September 2020 of federal drug conspiracy and weapons charges, was sentenced recently in U.S. District Court in Lynchburg to 262 months in federal prison, Acting United States Attorney Daniel P. Bubar, Lynchburg Police Chief Ryan Zuidema, and Charlie Patterson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives Washington Field Division (ATF) announced today.
Gravette, 37, of Madison Heights, pleaded guilty in September 2020 to one count of conspiracy to distribute 500 grams or more of methamphetamine, one count of possession with the intent to distribute 50 grams or more of methamphetamine, one count of possession of a firearm in furtherance of a drug trafficking crime, and one count of possessing a firearm as a convicted felon. Gravette, who agreed that he was a career offender based upon his criminal record, had recently been released from serving a state sentence for drug distribution prior to committing these offenses.
According to the government’s evidence, on June 24, 2018, the Lynchburg Police Department responded to a report of a suspicious vehicle at a local restaurant. When officers arrived, the driver eluded law enforcement by driving down an embankment and fleeing on foot. Inside the vehicle, police recovered approximately 255 grams of meth, 132 grams of cocaine, and 304 grams of marijuana. On the ground outside the driver’s door they discovered a Smith & Wesson 9mm firearm. Subsequent investigation revealed that Gravette was in fact the driver of the vehicle, possessed the weapon, and in just under a year, had been involved in the trafficking of 9 kilograms of methamphetamine.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Lynchburg Police Department, and the U.S. Marshals Service. Assistant United States Attorney Coleman Adams prosecuted the case for the United States.
Macon Repeat Offenders Sentenced to Prison Under Federal Firearms LawRead the Press Release
MACON, Ga. – Two convicted felons with lengthy criminal histories were sentenced to federal prison this week in separate cases, both for violating federal firearms law by illegally possessing guns, said Peter D. Leary, the Acting U.S. Attorney for the Middle District of Georgia.
Today, Charles Allen Franklin, 35, of Macon, was sentenced to serve 105 months in federal prison to run consecutive to a prior conviction for possession with intent to distribute cocaine in the Superior Court of Bibb County, Georgia after previously pleading guilty in federal court to one count possession of a firearm by a prohibited person. In addition, U.S. District Judge Tilman “Tripp” Self ordered the defendant serve three years of supervised release. On Wednesday, April 7, Calvin Bernard Collins, 47, of Milledgeville, Georgia, was sentenced to serve 45 months in a federal prison to be followed by three years of supervised release by U.S. District Judge Marc Treadwell. Collins’s federal sentence is to be served consecutively to a three-year sentence for theft by conversion in the Superior Court of Jones County, Georgia. Collins previously pleaded guilty in federal court to one count of possession of a firearm by a convicted felon. There is no parole in the federal system.
“Repeat felons who choose to carry guns in Macon risk landing in federal prison,” said Acting U.S. Attorney Leary. “Thank you to the Bibb County Sheriff’s Office and ATF for their work investigating federal gun cases and working to protect the community from violence.”
“It is illegal for any convicted felon to possess a firearm,” said Arthur Peralta, ATF Atlanta Special Agent in Charge. “These illegally possessed guns are most likely to be used in a violent crime and it is these types of guns that we need to get off our streets. ATF will continue to work with our Federal and State partners to improve safety in each and every community we serve.”
“We can hope these sentences send a clear message to convicted felons of the serious consequences of the possession of a firearm. I am grateful for the relationship between the sheriff’s office and our federal partners to continue to remove these potentially dangerous individuals from our streets,” said Bibb County Sheriff David Davis.
Franklin was arrested in the early evening of August 9, 2019, after he failed to stop at a stop sign at the intersection of Case Street and Munford Road in Macon, then drove an additional two miles before causing a crash with another vehicle at Case Street and Buckner Avenue. The driver of the other vehicle was injured and was transported to the hospital. Franklin was driving on a suspended license, and officers found a loaded revolver in his car, along with 871.2 grams of marijuana and three cell phones. Franklin has multiple felony convictions, including two separate convictions of possession of cocaine with intent to distribute in the Superior Court of Bibb County.
Collins was arrested in illegal possession of a firearm on May 14, 2019, outside of the Fish Port restaurant in Macon. Law enforcement was alerted to the scene in the afternoon, and upon approaching Collins, noticed what appeared to be a firearm in his pocket. The police asked Collins if he had a weapon, and Collins reached in his pocket. Collins was told not to reach in his pockets, and the firearm fell out of his pocket during a brief struggle to detain him. Collins has multiple prior convictions, including aggravated assault and kidnapping in the Superior Court of Bibb County, Georgia, and was on probation at the time for the offense of possession of cocaine in the Superior Court of Jones County, Georgia.
The investigations were conducted as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
These cases are also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/archives/projectguardian.
Both cases were investigated by the Bibb County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant U.S. Attorney Will Keyes prosecuted the cases for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, U.S. Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Officer (Contractor), U.S. Attorney’s Office, at (478) 765-2362.
Long-Time Fugitive Admits Participation in Scheme to Steal 94,000 Debit and Credit Cards from Michaels’ Stores in 19 StatesRead the Press Release
CAMDEN, N.J. – A California man today admitted his role in a large-scale conspiracy to steal 94,000 credit and debit cards from customers at approximately 80 Michaels’ Stores in 19 states and to then use that information to make fraudulent withdrawals from the bank accounts of those customers, Acting U.S. Attorney Rachael A. Honig announced.
Jose Salazar, aka “Tito,” 44, of Riverside, California, was indicted in 2015 and has been a fugitive. He was apprehended in Mexico City in September 2020 and returned in January 2021 via Philadelphia International Airport, where he was arrested. Salazar pleaded guilty today by videoconference before U.S. District Judge Joseph H. Rodriguez to Count 1 of an indictment charging him with conspiracy to commit bank fraud.
According to documents filed in this case and statements made in court:
The conspirators installed devices that acquired customers’ bank account and personal identification number (PIN) information on point of sale (POS) terminals at stores operated by Michaels. The stolen account information was used to produce counterfeit bank cards, which were used with the stolen PINs to withdraw funds from the compromised bank accounts.
The conspirators allegedly replaced POS terminals in 80 different stores operated by Michaels across 19 states, including New Jersey, with counterfeit POS devices. Each counterfeit device was equipped with wireless technology, which the conspirators used to retrieve the stolen information. From February 2011 to April 2011, conspirators stole approximately 94,000 debit and credit card account numbers.
In 2011, Salazar recruited individuals to participate in the conspiracy. From April 2011 to May 2011, Salazar, Angel Angulo and others obtained counterfeit cards with the corresponding PIN numbers written on them from other conspirators. They used the cards and PIN numbers to withdraw money using automated teller machines (ATMs) from hundreds of bank accounts. Angulo pleaded guilty on June 20, 2017, and was sentenced on March 15, 2018, to three years in prison.
The charge of conspiracy to commit bank fraud carries a maximum potential penalty of 30 years in prison and a $1 million fine. Sentencing is scheduled for Aug. 10, 2021.
Acting U.S. Attorney Rachael A. Honig credited special agents of the U.S. Secret Service, under the direction of Special Agent in Charge James Henry in Philadelphia, for the investigation leading to today’s guilty plea. She also thanked special agents with the U.S. Marshal Service, under the direction of Juan Mattos, and the International Criminal Police Organization for their assistance.
The government is represented by Assistant U.S. Attorney Jonathan Fayer of the U.S. Attorney’s Office Economic Crimes Unit.
Kyle Man Found Guilty of Sexual Abuse of a MinorRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Charles “CJ” Good Voice Elk, age 29, of Kyle, South Dakota, was found guilty of Sexual Abuse and Sexual Abuse of a Minor following a federal jury trial in Rapid City, South Dakota. The verdict was returned on April 1, 2021.
The convictions carry a sentence of up to life in federal prison and/or a $250,000 fine, any term of years not less than five up to life of supervised release, a $200 special assessment to the Federal Crime Victims Fund, and restitution.
Evidence at trial established that Good Voice Elk engaged in sexual intercourse with the juvenile victim in January 2018, at Kyle.
The investigation was conducted by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Heather Sazama prosecuted and tried the case.
A sentencing date will be scheduled. Good Voice Elk was remanded to the custody of the U.S. Marshals Service pending sentencing.
Keshena Man and His Mother Indicted for Armed Assault, Firearms Offense on Menominee Indian ReservationRead the Press Release
Acting United States Attorney Richard G. Frohling of the Eastern District of Wisconsin, announced that on April 6, 2020, a federal grand jury returned a three-count indictment charging a man and his mother for their alleged roles in a shooting on the Menominee Indian Reservation. The indictment named Menom L. Powless-Brown (age: 19) and Mary K. Powless (age: 42), both of Keshena, which is on the Menominee Indian Reservation.
The indictment charged Powless-Brown as follows:
Charge
Statute Section(s)
Maximum Sentence
Assault with a Dangerous Weapon
18 U.S.C. §§ 113(a)(3) and 1153(a)
Up to ten years in prison
Discharging a Firearm During and in Relation to a Crime of Violence
18 U.S.C. § 924(c)(1)(A)
Mandatory minimum ten years, consecutive to other sentences, and up to life in prison
Assault with Intent to Murder
18 U.S.C. §§ 113(a)(1) and 1153(a)
Up to 20 years in prison
Mary Powless was charged with Aiding and Abetting Assault with a Dangerous Weapon, in violation of 18 U.S.C. §§ 113(a)(3), 1153(a), and 2(a). She faces a maximum of ten years in prison.
Both defendants also face terms of supervised release and fines if convicted.
According to filed court documents, on or about March 13, 2021, Powless-Brown assaulted another man by pointing a 9mm semiautomatic handgun at him, which he then discharged several times. Two individuals were struck with bullets, at least one of whom sustained significant injuries as the result of the shooting.
The Menominee Tribal Police Department and Federal Bureau of Investigation investigated the case, which Assistant United States Attorney Andrew J. Maier will prosecute.
An indictment is only a charge and not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government must prove their guilt beyond a reasonable doubt.
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For further information contact: Public Information Officer Kenneth Gales
414-297-1700
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Justice Department Tax Enforcement Already in GearRead the Press Release
As tax filing season continues, the Department of Justice's Tax Division reminds taxpayers to pay careful attention to their reporting and filing obligations and to timely pay all taxes due. Willfully filing false tax returns or deliberately evading paying taxes are serious criminal offenses.
“Our criminal prosecutors are prepared for tax filing season too,” said Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Tax Division. “Honest, law abiding taxpayers should know that the Tax Division is aggressively using its resources and expertise to identify, investigate, and prosecute those attempting to defraud and obstruct the IRS.”
Throughout the past year, the Tax Division, in collaboration with U.S. Attorney’s Offices, other Justice Department litigating offices and the IRS, has investigated and prosecuted a broad array of tax offenses from businesses and white-collar professionals underreporting income to employment tax fraud to identity theft. Enforcement efforts are continually ongoing. Here are a few recent examples:
Prosecution of Business Owners
- On Dec. 1, 2020, a New York City restaurateur was sentenced to 24 months in prison for tax evasion. Adel Kellel, the owner of Raffles Bistro, diverted business income for personal expenses, including rent for a high-end Manhattan apartment, college tuition payments for his children, and purchases from luxury retailers. As part of his sentence, Kellel was ordered to pay $613,478 to the IRS.
- On Oct. 20, 2020, two biofuel company owners were sentenced to prison for conspiracy to defraud the IRS and preparing a false tax claim, among other offenses. Ben Wootton, 55 of Savannah, Georgia, was sentenced to 70 months and Race Miner, 51, of Marco Island, Florida, was sentenced to 66 months, after a jury convicted both defendants and their company, Keystone Biofuels Inc., in April 2019.
Prosecution of White-Collar Professionals & Individuals
- On Dec. 21, 2020, two Atlanta-area tax professionals pleaded guilty to promoting a syndicated conservation easement tax scheme involving more than $1.2 billion in fraudulent charitable deductions. Stein Agee of Canton, Georgia, and Corey Agee of Atlanta, Georgia, are currently awaiting sentencing for their role in the scheme.
- On Nov. 2, 2020, a New Jersey man was sentenced to 78 months in prison for conspiring to defraud the United States, filing false claims, and obstructing the internal revenue laws, following his conviction at trial. According to evidence presented at trial, between 2015 and 2016, Kenneth Crawford Jr. and his co-conspirators promoted and sold a “mortgage recovery” tax fraud scheme in which they obtained fraudulent refunds from the IRS for their clients. As a result of Crawford’s scheme, more than $2.5 million in fraudulent refunds were sought from the IRS.
- On Aug. 21, 2020, a North Carolina risk consultant pleaded guilty to filing a false tax return and illegally possessing a firearm. From 2011 through 2017, Charles Atkins underreported income from several risk consulting businesses, causing a tax loss of more than $800,000 to the IRS. Atkins is currently awaiting sentencing.
Employment Tax Prosecutions
- On April 7, 2021, the manager of the San Diego Home Cooking restaurant chain was sentenced to 30 months in prison for employment tax fraud. According to court records, from the last quarter of 2014 through 2017, Aleksandar Sreckovic did not file employment tax returns nor pay employment taxes for San Diego Home Cooking, causing a tax loss of over $1.5 million. Instead of paying employment taxes, Sreckovic paid other creditors and his own personal expenses.
- On March 24, 2021, A Montana businessman pleaded guilty today to employment tax fraud. According to court documents, Thomas O’Connell owned and operated three plumbing businesses, Quality Plumbing and Heating, Orbit Plumbing and Heating, and Orbit PHC, each based in Great Falls. From at least 2005 through 2016, O’Connell did not pay employment taxes for several quarters, despite being obligated to ensure such taxes were paid to the IRS. Instead, he directed payments to other creditors and to his own personal expenses. The total tax loss to the IRS from O’Connell’s conduct is more than $550,000.
Identity Theft Prosecutions
- On Oct. 7, 2020, a Las Vegas, Nevada, man was sentenced to 70 months in prison for mail and wire fraud conspiracy, following his jury trial convictions. The trial evidence proved that from January 2009 through April 2011, Terry Williamson and his co-conspirators filed false tax returns with the IRS to fraudulently obtain tax refunds. To facilitate the fraud, they used the names and social security numbers of deceased taxpayers. More than 480 fraudulent tax refund checks totaling almost $2 million were deposited into Williamson’s account.
More information about the Tax Division’s enforcement efforts in these and other areas can be found on the division’s website.
Justice Department Moves to Intervene in Disability Discrimination Suit Against City of Chicago Regarding Pedestrians with Visual DisabilitiesRead the Press Release
The Justice Department today moved to intervene in a disability discrimination lawsuit that private plaintiffs with visual disabilities brought against the City of Chicago under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). The department’s proposed complaint alleges that the city fails to provide people who are blind, have low vision, or are deaf-blind with equal access to pedestrian signal information at intersections. Pedestrian signal information, such as a flashing “Walk/Don’t Walk” signal, indicates when it is safe to cross the street.
Accessible pedestrian signals (APSs) are devices that provide pedestrians with safe-crossing information in a non-visual format, such as through audible tones, speech messages, and vibrotactile surfaces. Since at least 2006, Chicago has recognized the need to install APSs for pedestrians with visual disabilities. Yet, while Chicago currently provides sighted pedestrians visual crossing signals at nearly 2,700 intersections, it has installed APSs at only 15 of those intersections. The proposed suit alleges that the lack of APSs at over 99% of Chicago’s signalized intersections subjects people who are blind, have low vision, or are deaf-blind to added risks and burdens not faced by sighted pedestrians, including fear of injury or death.
“The ADA and Section 504 require that individuals with disabilities have equal access to public services, including access to pedestrian crossing information that is critical for safety and for full participation in community life,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “Chicago has determined that safe-crossing information is necessary for sighted pedestrians to navigate throughout the city, and this suit seeks to ensure that the city provides the same benefit to people with visual disabilities.”
“The U.S. Attorney’s Office is taking this action to ensure that Chicagoans with disabilities are provided equal access to city services, particularly those services whose purpose is public safety,” said U.S. Attorney John R. Lausch Jr. for the Northern District of Illinois. “We are concerned about the serious lack of accessibility to safe intersection crossings for Chicagoans who are blind, have low vision, or are deaf-blind, and we are confident that our involvement in this important case will ultimately bring a meaningful resolution to the city and its millions of residents, daily commuters, and visitors.”
The motion and complaint seeking intervention were jointly filed by the Disability Rights Section of the department’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Illinois. The case is being handled by Assistant U.S. Attorneys Patrick Johnson and Sarah J. North, and Trial Attorney Matthew Faiella. To read the motion to intervene, please click here: https://www.ada.gov/acbmc/acbmc_motion.html.
For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report.
Justice Department Moves to Intervene in Disability Discrimination Suit Against City of Chicago Regarding Pedestrians with Visual DisabilitiesRead the Press Release
WASHINGTON – The Justice Department today moved to intervene in a disability discrimination lawsuit that private plaintiffs with visual disabilities brought against the City of Chicago under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). The department’s proposed complaint alleges that the city fails to provide people who are blind, have low vision, or are deaf-blind with equal access to pedestrian signal information at intersections. Pedestrian signal information, such as a flashing “Walk/Don’t Walk” signal, indicates when it is safe to cross the street.
Accessible pedestrian signals (APSs) are devices that provide pedestrians with safe-crossing information in a non-visual format, such as through audible tones, speech messages, and vibrotactile surfaces. Since at least 2006, Chicago has recognized the need to install APSs for pedestrians with visual disabilities. Yet, while Chicago currently provides sighted pedestrians visual crossing signals at nearly 2,700 intersections, it has installed APSs at only 15 of those intersections. The proposed suit alleges that the lack of APSs at over 99 percent of Chicago’s signalized intersections subjects people who are blind, have low vision, or are deaf-blind to added risks and burdens not faced by sighted pedestrians, including fear of injury or death.
“The U.S. Attorney’s Office is taking this action to ensure that Chicagoans with disabilities are provided equal access to city services, particularly those services whose purpose is public safety,” said John R. Lausch, Jr., United States Attorney for the Northern District of Illinois. “We are concerned about the serious lack of accessibility to safe intersection crossings for Chicagoans who are blind, have low vision, or are deaf-blind, and we are confident that our involvement in this important case will ultimately bring a meaningful resolution to the city and its millions of residents, daily commuters, and visitors.”
“The ADA and Section 504 require that individuals with disabilities have equal access to public services, including access to pedestrian crossing information that is critical for safety and for full participation in community life,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “Chicago has determined that safe-crossing information is necessary for sighted pedestrians to navigate throughout the city, and this suit seeks to ensure that the city provides the same benefit to people with visual disabilities.”
The motion and complaint seeking intervention were jointly filed by the Disability Rights Section of the department’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Illinois. The case is being handled by Assistant U.S. Attorneys Patrick Johnson and Sarah J. North, and Trial Attorney Matthew Faiella.
For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Jury convicts Cuban immigrant of alien smugglingRead the Press Release
CORPUS CHRISTI, Texas – A 29-year-old legal permanent resident of Cuba residing in Houston has been convicted of transporting illegal aliens, announced Acting U.S. Attorney Jennifer B. Lowery.
A federal jury sitting in Corpus Christi deliberated for three hours before finding Ciro Yasel Castillo guilty after a two-day trial.
The jury heard that on March 15, 2020, Castillo drove an SUV into the primary inspection area at the Border Patrol (BP) checkpoint near Falfurrias. He claimed he and his three passengers were Cubans and produced a temporary driver’s license as identification. However, no one could provide proof of legal immigration status.
Authorities referred them to secondary inspection where they determined two of the passengers were minors from Guatemala illegally present in the United States. The other was an illegal alien from Cuba. During this inspection, Castillo became combative with law enforcement, resisting arrest for several minutes and inflicting minor injuries on some of the agents.
Upon further investigation, authorities determined the Cuban passenger – Lazaro Fidel Lopez - Torres, 30 - was part of a conspiracy to transport the two minor aliens. He eventually pleaded guilty for his role in that crime.
The defense attempted to convince the jury Castillo was an unofficial Uber driver. He claimed he accepted $500 via Western Union from an unknown person to pick up the two teenagers from the Valley in the middle of the night and take them to Houston. The just did not believe those claims and found him guilty.
U.S. District Judge Drew B. Tipton presided over the trial and set sentencing for July 1. At that time, Castillo faces up to 10 years of imprisonment and a possible $250,000 maximum fine. He was permitted to remain on bond pending that hearing.
BP conducted the investigation. Assistant U.S. Attorneys Amanda L. Gould and Molly Smith are prosecuting the case.
Ithaca Man Charged with COVID-19 Relief FraudRead the Press Release
BINGHAMTON, NEW YORK - Ejembi Onah, age 58, of Ithaca, New York, was arrested yesterday on a federal wire fraud and money laundering complaint alleging that he fraudulently obtained approximately $150,000 in government-backed loans meant for businesses struggling with the financial effects of the coronavirus pandemic.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Kevin M. Kelly, Special Agent in Charge, Buffalo Division of Homeland Security Investigations (HSI); and Jonathan D. Larsen, Special Agent in Charge, New York Field Office, Internal Revenue Service (IRS)-Criminal Investigation.
The criminal complaint alleges that between April 1, 2020 and March 3, 2021, Onah received approximately $150,000 in Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loans (EIDL), which were issued by two banks and the Small Business Administration to two companies he controlled. The complaint further alleges that in support of the loan applications, Onah submitted fraudulent tax documents and fabricated bank statements.
Onah made his initial appearance in court yesterday in Binghamton, New York, before United States Magistrate Judge Miroslav Lovric, and was released with conditions.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted of wire fraud, Onah faces up to 30 years in prison, up to five years of post-imprisonment supervised release, and a maximum fine of $1 million. If convicted of engaging in transfers of wire fraud proceeds of a value greater than $10,000, Onah faces up to 10 years in prison, up to three years of post-imprisonment supervised release, and a maximum fine of $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP, and $10 billion in low-interest loans to small businesses through the EIDL program. In April 2020, Congress authorized over $300 billion in additional PPP funding and $10 billion in additional EIDL funding, and in December 2020, Congress authorized another $284 billion in additional PPP funding.
This case is being investigated by U.S. Homeland Security Investigations (HSI) and IRS-Criminal Investigation, and is being prosecuted by Assistant U.S. Attorneys Andrew D. Beaty and Joshua R. Rosenthal.
Individual Indicted for Possession of Firearm While Under Protective Order for Domestic ViolenceRead the Press Release
SAN JUAN, Puerto Rico – On April 8, 2021, a federal grand jury returned a one-count indictment charging Angel Luis Santiago-Dávila with possession of an AK-type rifle while under a protective order for domestic violence, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
According to the Government’s allegations, agents from the Puerto Rico Police Bureau were patrolling a beach in Yabucoa around 10:30 PM on March 29, 2021, when they observed a BMW with the trunk open. Santiago-Dávila and another individual were seated in the back, facing the ocean. During the agent’s interactions with Santiago-Dávila, the agent observed a firearm in the car and then recovered an AK-type rifle, a 30-round magazine, and over 30 rounds of 7.62 caliber ammunition. Santiago-Dávila was under a protective order, arising out of a domestic violence incident, issued by a municipal court in Juncos that prohibited him from possessing firearms.
Assistant U.S. Attorney Juan C. Reyes-Ramos of the Violent Crimes Section is in charge of the prosecution of the case. ATF is in charge of the investigation. If convicted, the defendant faces a sentence of up to 10 years in prison.
An indictment contains only charges and is not evidence of guilt. A defendant is presumed to be innocent unless and until proven guilty.
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Indictment Charges Former Children's Museum Director with Distributing Child PornographyRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, and William S. Walker, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Boston, today announced that a federal grand jury in Hartford has returned an indictment charging ROBERT ECKERT, 56, of Simsbury, with distribution of child pornography.
The indictment was returned on April 6. Eckert appeared today via videoconference before U.S. Magistrate Judge Robert A. Richardson and entered a plea of not guilty to the charge. He is detained pending a follow-up bond hearing that is scheduled for tomorrow at 4:00 p.m.
The government alleged during today’s court proceeding that Eckert used multiple online platforms to distribute images of child sexual abuse and to communicate with others about the distribution of child pornography. He accessed the online platforms on his phone, at his residence, and at the Lutz Children’s Museum in Manchester where he was employed as its executive director.
If convicted of the charge of distribution of child pornography, Eckert faces a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 20 years.
Acting U.S. Attorney Boyle stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), with the assistance of the Connecticut State Police and the Manchester Police Department. The case is being prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Illinois Man Sentenced in Pittsburgh to 4 Years for Aggravated ID Theft Scheme Involving High-End VehiclesRead the Press Release
PITTSBURGH, Pa. - A resident of the state of Illinois has been sentenced in federal court to four years in prison on his conviction of Aggravated Identity Theft and Conspiracy, Acting United States Attorney Stephen R. Kaufman announced today.
Senior United States District Judge Nora Barry Fischer imposed the sentence on Michael W. Decker, 33, of Vernon Hills, IL.
According to information presented to the court, Decker submitted fraudulent applications for loans to purchase several expensive vehicles, including two Jeep Cherokee Trackhawks, from dealerships in Western Pennsylvania. Decker was part of a conspiracy based in Chicago. The members of the conspiracy travelled to dealerships in several states and used stolen identity information to obtain loans for high-end vehicles. After obtaining the vehicles, members of the conspiracy would alter the Vehicles Identification Numbers and sell the vehicles..
Assistant United States Attorney Shaun E. Sweeney prosecuted this case on behalf of the government.
Acting United States Attorney Kaufman commended the Federal Bureau of Investigation and the Pennsylvania State Police Western Regional Auto Theft Task Force for the investigation leading to the successful prosecution of Decker.
Honduran Man Convicted of Making a False Statement to a Federal OfficerRead the Press Release
Gulfport, Miss. – Daniel Romero-Mancia, 25, a citizen of Honduras, pled guilty today before Senior U.S. District Judge Louis Guirola, Jr., to the crime of willfully making a false material statement to a federal officer, announced Acting U.S. Attorney Darren J. LaMarca, Jack Stanton, Acting Special Agent-in-Charge of Homeland Security Investigations in New Orleans and Michael J. Harrison, Acting Chief Patrol Agent of the U.S. Border Patrol’s New Orleans Sector.
Romero-Mancia will be sentenced by Judge Guirola on July 13, 2021, at 1:30 p.m. He faces a potential maximum sentence of 5 years in prison and a $250,000 fine.
On January 26, 2021, a U.S. Border Patrol Agent conducted a traffic stop on Interstate 10 on a 2010 white Ford F-150. One of the passengers, Romero-Mancia, presented what was later determined to be a counterfeit Mexican Voter Registration Identification Card. When the agent asked him in Spanish if he was from Mexico, Romero-Mancia responded “yes.” Two other Border Patrol Agents arrived as back-up, and Romero-Mancia also told one of the other agents he was from Mexico.
Further investigation revealed that Romero-Mancia was a citizen of Honduras who had been provided a counterfeit Mexican Voter Registration Card as part of the fee he paid an organization to smuggle him into the U.S. The card had been provided so, if caught in the U.S., Romero-Mancia could deceive U.S. officials into believing he was from Mexico so he would not be removed back to Honduras. Records showed that Romero-Mancia had used the card twice before when he had been caught by the Border Patrol near the U.S.-Mexico border.
Acting U.S. Attorney LaMarca praised the cooperation exhibited by the Department of Homeland Security, United States Border Patrol, and Homeland Security Investigations. Assistant United States Attorney Stan Harris is the prosecutor for the case.
Heroin and Fentanyl Dealer Sentenced to Fourteen Years in Prison for Drug Conspiracy Resulting in DeathRead the Press Release
Orlando, Florida – U.S. District Judge Gregory A. Presnell today sentenced Irving Cepeda-Chico (39, Kissimmee) to 14 years in federal prison for 12 counts of distribution of controlled substances and 1 count of conspiracy to distribute such substances. Cepeda-Chico had pleaded guilty on November 20, 2020.
According to court documents, Cepeda-Chico was involved in obtaining and distributing heroin and fentanyl-laced heroin in Orlando and elsewhere in central and northern Florida. Audio and video recordings showed Cepeda-Chico selling thousands of dollars of fentanyl-laced heroin on multiple occasions. The audio recordings captured Cepeda-Chico discussing distribution plans, discussing the quality of his product with an international supplier, offloading bad fentanyl and heroin on another distributor, and arranging to pay his supplier through money orders.
During the sentencing hearing, the court found that on one occasion Cepeda-Chico had distributed fentanyl-laced heroin to an individual, M.D., causing M.D.’s fatal overdose in the overnight hours of July 19, 2019. As a result, the court adjusted Cepeda-Chico’s sentence upward to hold him accountable for M.D.’s death.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. This case was investigated by the Drug Enforcement Administration, with assistance from Homeland Security Investigations, the Orange County Sheriff’s Office, the Osceola County Sherriff’s Office, the Florida Highway Patrol, the Lakeland Police Department, the Florida Department of Law Enforcement, the Central Florida High Intensity Drug Trafficking Area (HIDTA), and the Medical Examiner’s Office for Districts 9 and 25. It was prosecuted by Assistant United States Attorney Dana E. Hill.
Hazleton Man Sentenced to 78 Months’ Imprisonment for Conspiracy to Distribute MethamphetamineRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Alex Pazmino, age 36, of Hazleton, Pennsylvania, was sentenced on April 6, 2021, to 78 months’ imprisonment and a 4-year term of supervised release by United States District Court Judge Robert D. Mariani for conspiring to distribute over 500 grams of methamphetamine.
According to Acting United States Attorney Bruce D. Brandler, on April 29, 2016, Pazmino was arrested upon receiving a significant shipment of methamphetamine from California. Pazmino subsequently pleaded guilty, acknowledging his role in a drug trafficking conspiracy. At sentencing, the Court found that Pazmino was responsible for conspiring to distribute over 1.5 kilograms of methamphetamine.
The matter was investigated by the Drug Enforcement Administration (DEA). Assistant U.S. Attorney Jeffery St John prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
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Grosse Pointe Park Man Arrested in Scheme to Steal Funds from Religious CharityRead the Press Release
A Grosse Pointe Park resident was arrested today in connection with a federal criminal complaint charging him with obtaining by fraud, embezzling, and unlawfully converting to his own use the funds of the Holy Cross organization, a large charitable organization based in Clinton, Michigan, that receives federal funds, announced Acting United States Attorney Saima S. Mohsin.
Joining in the announcement was Special Agent in Charge Timothy Waters of the FBI.
Charged in the criminal complaint is John R. Lynch, 56. The affidavit supporting the complaint states that in March 2012 Lynch became the CFO of the Holy Cross organization, and in January 2015 he became its CEO. Holy Cross was established in 1948 when Boysville of Michigan was incorporated under the auspices of the Roman Catholic Archdiocese of Detroit. Boysville of Michigan later became Holy Cross Children’s Services. The Holy Cross organization provides welfare services to disadvantaged children and adolescents, behavioral health services to adolescents and adults, and a number of support services to the homeless. Holy Cross services are provided mostly to individuals in Southeast and Mid-Michigan. The Holy Cross organization also includes the Samaritan Center, a large community resource center that provides healthcare, employment services, and other forms of support to residents of Detroit’s east side.
The complaint affidavit states that when he was Holy Cross’s CEO, Lynch used Holy Cross funds to pay for repairs to his own cars, install a new roof on his house, pay down his personal mortgage balance, and make payments on a personal American Express account. Lynch also used Holy Cross funds to pay his own consulting company and to pay another company hired to provide security services at the Samaritan Center, a company ostensibly controlled by a relative but actually controlled by him. Lynch attempted to justify some of these payments with bogus invoices The complaint affidavit also relates that Lynch used his corporate Holy Cross American Express card to pay for goods and services of a personal nature.
Holy Cross receives federal funds under the National School Lunch Program and the School Breakfast Program. It also receives federal funds under Title IV-E of the Social Security Act, which pays for foster care and provides adoption assistance and guardianship assistance.
The complaint charges Lynch with wire fraud, mail fraud, and embezzling and stealing funds under the care, custody, and control of an organization receiving federal funds. A complaint is only a charge and is not evidence of guilt. Trial cannot be held on felony charges in a complaint. When the investigation is completed a determination will be made whether to seek a felony indictment.
The case is being prosecuted by Assistant United States Attorney Stephen Hiyama. The investigation is being conducted by the Federal Bureau of Investigation.
Former Postal Carrier Pleads Guilty to Discarding Mail in WoodsRead the Press Release
SYRACUSE, NEW YORK – Tanner Brown, 25, of Cobleskill, New York, pled guilty yesterday in federal court in Syracuse to one felony count of delaying the mail, announced Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Matthew Modafferi, United States Postal Service-Office of Inspector General (USPS-OIG), Northeast Area Field Office.
In pleading guilty, Brown admitted that between January 1, 2019, and July 24, 2019, while working as a postal carrier for the United States Postal Service, he intentionally detained and failed to deliver 5,833 pieces of mail. Instead of delivering this mail to its intended recipients in Onondaga County, Brown drove it to Sharon Springs, New York, where he dumped some of it in a grassy field and the rest of it in a wooded area underneath a pile of discarded tires. When agents recovered the mail from those locations, they discovered that much of it was First-Class Mail and that most of it was wet, dirty, and/or covered in bugs.
The charge to which Brown pled guilty carries a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. Brown will be sentenced by Chief United States District Judge Glenn T. Suddaby on August 4, 2021. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by USPS-OIG, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Former New Haven Resident Sentenced to 10 Years in Federal Prison for Possessing Child Sex Abuse ImagesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that MICHELLE LYNN GSCHLECHT, formerly known as Richard Gschlecht, 51, last residing in New Haven, was sentenced today by U.S. District Judge Kari A. Dooley in Bridgeport to 120 months of imprisonment, followed by 10 years of supervised release, for possessing images of child sexual abuse.
According to court documents and statements made in court, in August 1996, Gschlecht was convicted in state court of sexual assault in the first degree related to the aggravated sexual abuse of a minor. In July 2015, Gschlecht was convicted in state court of possession of child pornography.
In March 2019, Gschlecht began serving a 10-year term of state probation. In July 2019, Gschlecht’s probation officer received information that Gschlecht was in possession of a cellphone that contained images depicting the sexual abuse of minors. State probation officers arrested Gschlecht on July 31, 2019, after a review of her phone revealed images of child pornography. Subsequent forensic analysis of the phone revealed approximately 174 images of child pornography, including images depicting the sexual abuse of prepubescent children and infants.
Gschlecht has been detained since her arrest. On January 11, 2021, she pleaded guilty to one count of possession of child pornography.
The penalties in this matter were enhanced based on Gschlecht’s criminal history.
This matter was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and the New Haven Police Department, with the assistance of the Connecticut’s Office of Adult Probation. The case was prosecuted by Nancy V. Gifford.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Former Member of New Bedford Latin Kings Chapter Sentenced for Racketeering ConspiracyRead the Press Release
BOSTON – A former member of the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) was sentenced yesterday on racketeering charges.
Raekwon Paris, a/k/a “King Debo,” 25, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 22 months in prison and three years of supervised release. In December 2020, Paris pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
Paris admitted to his role in a February 2019 shooting of rival gang members and his participation in the Latin Kings drug distribution conspiracy based in the City of New Bedford. In New Bedford, the Latin Kings ran a vast cocaine base distribution network that used multi-unit apartment buildings known as “trap houses” to distribute narcotics. Members of the Latin Kings dealt drugs in the trap houses, obtaining their supply of cocaine base from co-defendant, and leader of the New Bedford Chapter of the Latin Kings, Jorge Rodriguez, a/k/a “King G.” Evidence developed during the course of the investigation included multiple recordings of Latin Kings members cooking cocaine base, directing violence against rival gang members, meting out discipline, and handling firearms used to protect the Latin Kings’ drug distribution network.
In February 2019, Paris fired multiple gunshots at rival gang members who were observed leaving a Latin Kings trap house. Shortly after the shooting, Paris was captured on a recording made by a cooperating witness admitting to shooting at the rival gang members and firing eight shots but not striking anyone.
In November 2020, Rodriguez was sentenced to 18 years in prison after pleading guilty to RICO conspiracy and conspiracy to distribute cocaine and cocaine base.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Rivera is the 23rd defendant sentenced in the case.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.