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2 April 2021
Former Sioux City Wastewater Treatment Plant Superintendent Sentenced to Federal Prison for Violating the Clean Water ActRead the Press Release
The former Superintendent of the Sioux City Wastewater Treatment Plant, who conspired to cheat on environmental testing at the plant, was sentenced on April 1, 2021, to three months in federal prison.
Jay Earnest Niday, age 63, from Sergeant Bluff, Iowa, received the prison term after a October 6, 2020 guilty plea to one count of conspiracy and one count of knowingly falsifying, tampering with, and rendering inaccurate a monitoring device or method required to be maintained under the Clean Water Act.
The evidence at Niday’s guilty plea and sentencing hearings showed that Niday was employed as the Superintendent of the Sioux City Wastewater Treatment Plant (WWTP). The WWTP is a large regional sewage treatment plant for wastewater from industrial, commercial, and residential sources throughout Siouxland, including Sergeant Bluff, Iowa, South Sioux City, Nebraska, North Sioux City, South Dakota, and Dakota Dunes, South Dakota. The WWTP’s more than 20 industrial users produce a large volume of high-strength wastewater. Under a Clean Water Act (CWA) permit, the WWTP was required to treat wastewater before discharging it into the Missouri River, which has heavy local recreational use. Between March 15 and November 15 each year, when public use of the Missouri River was at its highest levels, the WWTP was also required to disinfect its wastewater to remove potentially dangerous human pathogens, including fecal coliform bacteria or E. coli.
The WWTP treated its wastewater with liquid chlorine, which kills bacteria but is potentially toxic to aquatic life. The WWTP’s permit required the WWTP to periodically test its wastewater not only for the presence of fecal coliform bacteria or E. coli, but also total residual chlorine (TRC) levels, to ensure that the Missouri River was not polluted.
Beginning no later than 2011, and continuing until at least June 2015, Niday and others knowingly withheld from the Iowa Department of Natural Resources (IDNR) serious problems with the WWTP’s new treatment process, known as “the MLE process.” Niday and others concealed this fundamental problem with the MLE process from the IDNR.
Niday and others knew that the WWTP did not work properly and could not consistently disinfect the millions of gallons of wastewater that the WWTP was discharging into the Missouri River each day. In March 2013, an engineering firm prepared a “draft master plan” contemplated under a $1 million contract with the City and provided it to Niday and another person. The draft master plan discussed the disinfection problems at the WWTP at length and concluded the WWTP’s treatment process could not provide adequate disinfection of the WWTP’s influent given the apparently high toxicity in its significant industrial users’ effluent. Instead of following the recommendations in the draft master plan, Niday instructed the engineering firm to not finalize the report.
Niday and his coconspirators employed a fraudulent testing procedure that ensured the WWTP would always pass its effluent tests for fecal coliform, E. coli, and TRC. Specifically, early in the morning on testing days for bacteria, Niday and a subordinate manager, Shift Supervisor Patrick Schwarte, instructed first‑shift operators at the WWTP to increase the rate of liquid chlorine supplied to the wastewater. After an hour or two passed, and an artificially high level of chlorine was fully mixed into wastewater, they ordered the WWTP’s first-shift operators to use hand-held colorimeters to gauge the levels of chlorine. Only when the colorimeter “maxed out” would the Superintendent take a sample for fecal coliform or E. coli. This fraudulent procedure allowed for the chlorine in the wastewater to reach sufficient concentrations to avoid showing elevated levels of fecal coliform or E. coli, which would violate the WWTP’s CWA permits. The WWTP never reported any exceedances of its CWA permit limits for bacteria or residual chlorine after July 2012.
The liquid chlorine rate was increased from about 2.5 gallons per hour, to somewhere between 70 to 120 gallons per hour, for up to two hours. On non-testing days, WWTP employees maintained the chlorine feed rate at minimal levels, well below the designed feed rate of the WWTP and at a rate clearly insufficient to ensure the WWTP consistently and adequately disinfected its wastewater, as the WWTP’s CWA permits required. Then, in the afternoon on fecal coliform or E. coli testing days, well after the high amounts of chlorine had dissipated from the WWTP’s chlorine contact basin, and when an insufficiently low rate of liquid chlorine was supplied to the basin, Niday and Schwarte would test again for TRC. In the afternoon, they were certain the TRC would pass, because only a minimal rate of liquid chlorine was supplied to the chlorine contact basin at that time. Again, this minimal rate was clearly insufficient to ensure the WWTP consistently and adequately disinfected its wastewater, as required.
Niday was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Niday was sentenced to three months’ imprisonment and fined $6,000. He must also repay $2,500 in court-appointed attorney fees and serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
“Jay Niday deliberately worked with others to cheat on environmental tests, knowing he was polluting the Missouri River,” said Acting United States Attorney Sean R. Berry. “His actions not only put recreational users of the river at risk, but also endangered the river’s aquatic life. Niday’s blatant disregard for the law, the safety of the community, and his reprehensible treatment of a vital waterway was outrageous.”
“By intentionally tampering with the disinfection processes at the Sioux City Wastewater Treatment Plant, Jay Niday placed the community and its natural resources in jeopardy of sustaining significant environmental damage,” said Special Agent in Charge Lance Ehrig of EPA’s Criminal Investigation Division for Iowa. “Today’s sentencing demonstrates that such violations will be vigorously prosecuted.”
“Jay Niday knowingly manipulated data at a wastewater treatment plant that received millions of dollars in U.S. Environmental Protection Agency state revolving funds,” said Daniel Hawthorne, Special Agent in Charge of the EPA Office of Inspector General’s Western Region Field Office. “This sentencing fulfills the
OIG’s commitment with our law enforcement partners to ensure that falsifying data and undermining the integrity of taxpayer dollars will not be tolerated.”
Niday was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorneys Timothy L. Vavricek and Matthew J. Cole and investigated by the Environmental Protection Agency, Criminal Investigation Division, the Environmental Protection Agency, Office of Inspector General, and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-4081-LTS.
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Former Nursing Home Employee and Home Health Aide Arrested in Two Separate Cases Involving Financial Exploitation of Elderly and Vulnerable AdultsRead the Press Release
WASHINGTON – Valerie Nicole Williams, 31, was arrested on March 22, 2021 and charged via criminal complaint with felony Financial Exploitation of an Elderly Person and Financial Exploitation of a Vulnerable Adult, in violation of D.C. Code § 22-933.01. On March 23, 2021, Mechille R. Akinkuotu (a.k.a. Mechille R. Tate), 53, was arrested and charged via criminal complaint with felony Financial Exploitation of an Elderly Person, in violation of the same code provision.
The announcement was made by Acting U.S. Attorney Channing D. Phillips; Karl Racine, Attorney General for the District of Columbia; and Daniel W. Lucas, Inspector General for the District of Columbia.
According to Court records, Williams was the Business Officer Coordinator at Transitions Healthcare Capital City, a skilled nursing facility in the District. Between October 2018 and August 2019, she used her position to steal $7,421 from seven elderly residents and four vulnerable adult residents at the facility. Williams forged the signatures of these residents to withdraw funds from the residents’ accounts managed by the facility. In two instances she also redirected money orders intended for residents into her own account.
Also according to Court records, Akinkuotu was the home health aide for an elderly man with limited mobility. Between January and April 2020, she stole $8,076.78 from the victim by using his debit card for unauthorized transactions including purchases at Target, Mary Kaye Cosmetics, and nail salons, as well as ATM withdrawals. Status hearings for both Williams and Akinkuotu have been scheduled for late August 2021.
A criminal complaint is merely an allegation, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
In announcing the relevant charges on March 22 and 23, 2021, Acting U.S. Attorney Phillips, Attorney General Racine, and Inspector General Lucas commended the work of those who investigated the cases from the District of Columbia’s Office of the Attorney General and Office of the Inspector General. They also cited the efforts of Special Assistant United States Attorney Jennifer C. Mika, on detail from the Office of the Attorney General to handle financial crimes cases involving elderly victims, who investigated and is prosecuting both cases for the U.S. Attorney’s Office for the District of Columbia.
This prosecution is part of the Office’s wider efforts to combat crimes against seniors and vulnerable adults. In 2018, the U.S. Attorney’s Office for the District of Columbia and the Office of the Attorney General for the District of Columbia simultaneously launched initiatives to address the abuse and exploitation of older adults. The Elder Abuse and Financial Exploitation Initiative at the U.S. Attorney’s Office expanded its response to criminal and civil violations targeting older adults. The initiative has enabled the U.S. Attorney’s Office to develop and coordinate further its prosecution of these cases and enhance its overall support of older or vulnerable victims. The team consists of experienced prosecutors and victim advocates from across the Office, to include the Superior Court, Criminal, and Civil Divisions, as well as the Victim Witness Assistance Unit. This prosecution is indicative of the continued collaboration between the U.S. Attorney’s Office and the Office of the Attorney General to prosecute cases of this kind.
Former Airport Employee Sentenced to 24 Months in Prison on Drug ChargeRead the Press Release
St. Croix, USVI – Lamech Matthew, age 28, of St. Croix, was sentenced in the St. Croix District Court on April 1, 2021, after pleading previously guilty to one count of Conspiracy to Possess a Controlled Substance With Intent to Distribute, United States Attorney Gretchen C.F. Shappert announced. Matthew originally entered his guilty plea on January 22, 2019.
Chief Judge Wilma A. Lewis sentenced Matthew to a federal prison term of 24 months, followed by 3 years of supervised release, a $3,500 fine, and a $100 special assessment.
According to court documents, on November 2, 2016, while investigating a passenger found with cocaine in his carry-on luggage, Homeland Security Investigations (HSI) agents reviewed surveillance footage from the Henry E. Rohlsen Airport on St. Croix. They were able to determine that Matthew, a Worldwide Flight Services employee, was involved with the passenger. After Matthew was advised of his rights, he admitted that he brought the cocaine into the restroom in the pre-departure area and left the cocaine in a stall to be retrieved by the passenger. Laboratory analysis confirmed the substance was cocaine hydrochloride (cocaine powder) with a net weight of 5,132.4 grams, or over 5 kilograms.
The case was investigated by Customs and Boarder Protection and Homeland Security Investigations. The Drug Enforcement Administration (DEA) Southeast Laboratory in Miami analyzed the cocaine. Assistant U.S. Attorney Daniel H. Huston prosecuted the case.
Federal and Local Law Enforcement Agencies Announce Operation ScarecrowRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the York County District Attorney’s Office, and the York City Police Department announced a joint initiative (Operation Scarecrow) that targets individuals who illegally purchase and possess firearms in York County. Operation Scarecrow will focus on individuals who are prohibited from possessing firearms due to a prior felony conviction who use third parties (“straw parties”) to purchase firearms on their behalf. Under federal and state law, such transactions are illegal and both the prohibited person and the straw party are subject to criminal prosecution for engaging in this type of behavior.
Operation Scarecrow began on January 20, 2021 and has thus far resulted in 19 firearms being recovered. As a result of the operation, the U.S. Attorney's Office has charged the following individuals:
- Jahzaire Jahzaire Gilliam, age 19, York, PA, charged with conspiring to make a false statement during the purchase of a firearm; two counts of receipt of firearm by person under indictment; possession of firearm by unlawful user of controlled substance; distribution of marijuana; possession with intent to distribute marijuana; and possession of a firearm in furtherance of drug trafficking;
- Hannah Lapham, age 22, York, PA, charged with conspiring to make and making a false statement during the purchase of a firearm;
- Donte Christian, age 45, of Baltimore, MD, charged with four counts of making a false statement during the purchase of a firearm; and
- Nijee Baskins, age 21, York, PA, charged with two counts of making a false statement during the purchase of a firearm.
The investigations are continuing, and numerous other individuals are expected to be charged in both federal and state court in the near future.
“Taking illegal guns off the streets is a high priority of the Department of Justice,” stated Acting United States Attorney Bruce D. Brandler. “Illegal guns fuel the epidemic of violence we see too often in York, and around the nation. We will work with all our state and local partners to reduce gun violence and investigate any and all suspicious straw party transactions that result in felons or other prohibited persons illegally possessing firearms.”
“When a person chooses to purchase a firearm under false pretenses, these firearms more often than not end up on the streets and into the hands of criminals,” said Matthew Varisco, Special Agent in charge of ATF’s Philadelphia Field Division. “Successful investigations like these, exemplifies ATF’s dedication to our local, state and federal partners in working together to keep our streets safe from gun violence. I would like to thank the York City Police Department, the York County Drug Task Force, the York County District Attorney’s Office and the United States Attorney’s Office for their continued support in our important mission to protect the public.”
The indictments are the result of an investigation by ATF, York City Police Department, the York County Drug Task Force, and the York County District Attorney’s Office.
These cases are 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.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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Farson Man Indicted for Tax FraudRead the Press Release
Acting United States Attorney Bob Murray announced today that SEAN D THOMAS, age 49, of Farson, Wyoming, was indicted on April 2, 2021, under U.S. District Court Docket Number 21-CR-45-NDF, charged with multiple counts of tax evasion and failure to file federal income tax returns. Thomas had his initial appearance today via videoconference before U.S. District Court Magistrate Judge Honorable Mark L. Carman.
According to the charges outlined in the indictment, it is alleged that between June 2014 through at least 2018, Thomas was employed and filed a Form W-4 falsely claiming withholding allowances which caused his employer to not withhold federal income taxes from Thomas’ wages. Thomas then failed to file an Internal Revenue Service Form 1040 tax return reporting his income for each of the years alleged in the indictment.
Each count of tax evasion carries a penalty of up to 5 years, up to three years of supervised release, and a fine of up to $250,000. Each count of failure to file tax returns carries a penalty of up to 1 year in prison, up to one year of supervised release, and a fine of up to $100,000. Thomas is scheduled to appear for an arraignment hearing on April 8, 2021, in front of Chief U.S. Magistrate Judge Kelly H. Rankin. A jury trial will be scheduled at the arraignment.
This case was investigated by the Internal Revenue Service – Criminal Investigation and is being prosecuted by Assistant United States Attorney Eric Heimann.
An indictment merely contains allegations, and every defendant is presumed innocent unless and until proven guilty.
Davenport Couple Charged with $5.8 Million COVID Relief FraudRead the Press Release
Tampa, Florida – Acting United States Attorney Karin Hoppmann announces the filing of a criminal complaint charging Julio Lugo (44) and Rosenide Venant (37), both of Davenport, with conspiracy and making false statements to a financial institution. Lugo has also been charged with an illegal monetary transaction relating to the illegal use of coronavirus relief funds to pay off a note on a luxury car purchased during the conspiracy. If convicted, Lugo faces a maximum penalty of 45 years in federal prison; Venant faces up to 35 years’ imprisonment.
According to the complaint, beginning in or about March 2020, Lugo and Venant conspired to defraud the Small Business Administration (“SBA”) out of millions of dollars in coronavirus relief funds. Lugo and Venant used their home IP-address to submit at least 70 false and fraudulent loan applications seeking funds from the Paycheck Protection Program (“PPP”) and Economic Injury Disaster Loan (“EIDL”) program. The fraudulent loan applications requested more than $5.8 million, including for shell companies established by Lugo, Venant, and their relatives. The conspirators also secured coronavirus relief funds for a defunct tax-preparation company that Lugo had previously used to perpetrate a tax fraud in or around 2015. Once the emergency loans were secured, the conspirators misused the PPP and EIDL funds by paying off a luxury vehicle, spending more than $62,000 at casinos, and for other personal purposes. Additionally, the conspirators withdrew at least $320,000 in cash. Lugo publicized the misuse of the SBA funds in a Facebook video featuring a hotel room littered with $100 bills and at least $5,000 in merchandise from Louis Vuitton.
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law enacted March 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding. In response to COVID-19, small business owners, including agricultural businesses, and nonprofit organizations in all U.S. states, Washington D.C., and territories were also authorized to apply for loans and grants through the COVID-19 EIDL program.
A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation, Tampa Field Office. It will be prosecuted by Assistant United States Attorneys Kristen A. Fiore and Suzanne Nebesky.
Cohoes Man Sentenced for Interstate ThreatsRead the Press Release
ALBANY, NEW YORK – Patris Derville, age 22, of Cohoes, New York, was sentenced yesterday to 13 months in prison for transmitting an interstate threat to injure another person, announced Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his previously entered guilty plea, Derville admitted that on January 15, 2020, he used his Facebook account to transmit a Facebook Live video over the internet during which Derville threatened to shoot another person, and that he posted the video for the purpose of communicating that threat to that person.
Chief United States District Judge Glenn T. Suddaby also sentenced Derville to a 3-year term of supervised release, which will commence after Derville is released from prison.
This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Troy Police Department. This case was prosecuted by Assistant U.S. Attorneys Ashlyn Miranda and Alicia Suarez.
Carjacking conviction sends Savannah man to federal prisonRead the Press Release
SAVANNAH, GA: A Savannah man will spend nearly eight years in federal prison after admitting to a carjacking that left the vehicle crashed and the defendant in the hospital.
Jaquan Shakur Singleton, 26, of Savannah, was sentenced to 94 months in federal prison after pleading guilty to Interstate Transportation of a Stolen Vehicle, and Using and Carrying a Firearm During and in Relation to a Crime of Violence, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge William T. Moore also ordered Singleton to pay $9,652.82 in restitution, and to serve five years of supervised release after completion of his prison term. There is no parole in the federal system.
“Two of Jaquan Singleton’s siblings died as a result of gun violence, yet that knowledge didn’t deter him from committing violent gun crime on his own,” said Acting U.S. Attorney Estes. “The community will now be a safer place while he is behind bars, contemplating the bad choices that put him there.”
As described in court documents and testimony, Singleton pointed a handgun at a motorist in a Savannah parking lot in February 2018, stealing the victim’s car and driving away. A short time later, Singleton crashed the vehicle in Hardeeville, S.C., and after being treated at a hospital was taken into custody.
“This kind of threat to any citizen is unacceptable and will be investigated and prosecuted,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “With the help of the Savannah Police Department and the U.S. Attorney’s Office Southern District of Georgia, Singleton will be punished to the fullest extent of our laws.”
The case was investigated by the FBI and the Savannah Police Department, and prosecuted for the United States by Assistant U.S. Attorney Marcela C. Mateo.
Canton Man Pleads Guilty to Sexual Exploitation of a Child, and Distribution and Possession of Child PornographyRead the Press Release
ALBANY, NEW YORK – Jacob Leonard, age 30, of Canton, New York, pled guilty today to one count of sexual exploitation of a child, one count of distribution of child pornography, and one count of possession of child pornography.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and New York State Police Superintendent Keith Corlett.
Leonard, who remains detained pending his sentencing scheduled for August 5, 2021, faces at least 15 years and up to 70 years in prison. Chief United States District Judge Glenn T. Suddaby will also impose a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Leonard would also have to register as a sex offender upon his release from prison.
As part of his guilty plea, Leonard admitted that while using a social media messaging application on his phone, he sent an image of child pornography – which he created – to another individual over the internet. A subsequent search of Leonard’s phone revealed that he was in possession of 33 images and 18 video files depicting child pornography.
Leonard’s case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators from the New York State Police, Bureau of Criminal Investigation (BCI) and Computer Crimes Unit (CCU). The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is 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 https://www.justice.gov/psc.
Brothers Sentenced for Smuggling Disaster that Resulted in Tragic Deaths of Three SistersRead the Press Release
NEWS RELEASE SUMMARY – April 2, 2021
SAN DIEGO – Two brothers from Chihuahua, Mexico, were sentenced in federal court today to 66 months in prison and a $500 special assessment for smuggling three sisters across treacherous terrain along the U.S.-Mexico border in an ill-fated trek that resulted in the tragic deaths of the young women - Juana Santos Arce (age 35), Margarita Santos Arce (age 32) and Paula Santos Arce (age 29) of Oaxaca, Mexico.
Cecilio and Ricardo Rios-Quinones pleaded guilty in August 2020 to Transportation of Aliens Resulting in Death, Bringing in Aliens for Financial Gain and Conspiracy.
Calling this one of the worst human smuggling scenarios she has seen in 15 years as a judge, U.S. District Judge Cathy Ann Bencivengo stated that “three women froze to death because defendants sought to benefit from their need to come here. It is tragic that someone wants to come here to work and dies, but it is more tragic that there are people who benefit from this, who treat them like cargo.”
Judge Bencivengo found it significant that when events turned horrific, defendants did not immediately seek help and turn around. She recognized the presence at the sentencing hearing of several agents who engaged in the rescue operation, noting that they put their own lives at risk only to find two women dead and one barely alive, and despite their best efforts they could not get off the mountain in time to save her.
“The smugglers with whom individuals entrust their lives care only about money and not safety,” said Acting U.S. Attorney Randy Grossman. “We pledge to fervently seek justice for victims following these calamities, but we cannot bring back those who were lost or end the suffering of grieving families. I implore others not to entrust their lives or the lives of their loved ones to these smugglers.” Grossman praised the efforts of Assistant U.S. Attorney Charlotte Kaiser, Homeland Security Investigations and U.S. Border Patrol in prosecuting this case as well as all the agents and first responders who worked tirelessly and at risk to themselves to locate and rescue the sisters.
“Human smugglers prey on the desperation of people hoping for a better life in the United States,” said Cardell T. Morant, special agent in charge of HSI San Diego. “This case exemplifies the ruthlessness of smugglers, and should serve as a warning to people considering putting their lives in their hands. HSI will continue to work tirelessly to hold unscrupulous smugglers accountable and bring them to justice.”
“We are pleased that justice was served and that these criminals will be placed behind bars,” stated United States Border Patrol San Diego Sector Chief Patrol Agent Aaron Heitke. “May this sentencing serve as a strong message to others contemplating smuggling that this activity will not be tolerated.”
According to the government’s sentencing memorandum, the women occasionally came to the U.S. for work. According to family members, Paula, the youngest of the three sisters, was married and had an 18-month-old daughter at the time of her death.
As part of their plea agreements, the defendants admitted that they conspired with others to serve as foot guides in order to smuggle individuals illegally into the United States, and that they were ill-prepared when they guided the three sisters through a remote, mountainous region during a snow storm.
According to the plea agreements, the defendants guided the three sisters across the border from Mexico through the boundary fence in a remote area within the Southern District of California. They encountered cold, windy and rainy weather. It then began to snow. They lacked proper clothing, shoes, shelter, and other food and equipment to remain or hike in this cold, remote, mountainous environment.
According to reports, agents from the Border Patrol, Search, Trauma and Rescue (BORSTAR) unit initiated a rescue operation due to a distress call in the Boulevard Border Patrol Station’s area of operation on February 10, 2020, at approximately 1:50 p.m. The call concerned five individuals who were lost and experiencing hypothermia. BORSTAR agents initially encountered the two defendants in a snowy area approximately 20.5 miles east of the Tecate, California port of entry, more than 12 miles north of the border. The defendants pointed agents to the direction of the three sisters. Agents subsequently found the three sisters lying on the ground on a ridge.
Two of the sisters were already dead. The third sister was responsive but suffering from severe hypothermia. She later died despite gallant efforts of members of BORSTAR, Border Patrol Agents from the Campo/Boulevard area and the City of San Diego Fire & Rescue Department, who placed their own lives at risk while trying to keep the distressed sister alive as temperatures dropped and winds accelerated. Autopsies confirmed the three sisters died due to environmental hypothermia.
DEFENDANTS Case Number 20cr0868-CAB
Cecilio Rios-Quinones Age: 38 Chihuahua, Mexico
Ricardo Rios-Quinones Age: 23 Chihuahua, Mexico
SUMMARY OF CHARGES
Transportation of Aliens Resulting in Death – Title 8, U.S.C., Section 1324(a)(1)(A)(i) and (B)(iv)
Maximum penalty: Life in prison or death and $250,000 fine.
Bringing in Aliens for Financial Gain – Title 8, U.S.C., Section 1324(a)(2)(B)(ii)
Maximum penalty: Three years mandatory minimum, 10 years maximum, and $250,000 fine.
Conspiracy – Title 18, U.S.C., Section 371
Maximum Penalty: Five years in prison and $250,000 fine.
AGENCIES
Homeland Security Investigations
U.S. Border Patrol, Intelligence Unit
Bristow Man Sentenced for Assaulting his Domestic PartnerRead the Press Release
A Bristow man was sentenced today for assaulting his former girlfriend and causing substantial bodily injury, announced Acting U.S. Attorney Clint Johnson.
“The fear and control domestic abusers exert on their victims is terrifying. Bobby Thompson threatened the victim and her family, beat her, and attempted to strangle her,” said Acting U.S. Attorney Clint Johnson. “Thompson will spend the next 24 months in prison where he will no longer be able to intimidate and harm this victim or her family.”
U.S. District Judge John F. Heil III sentenced Bobby Brian Thompson, 39, to 24 months in federal prison followed by three years supervised release.
Thompson pleaded guilty to assault resulting in substantial bodily injury to a spouse, intimate partner, dating partner in Indian Country in December. In his plea agreement, Thompson admitted that on or about June 11, 2020, in Bristow, Oklahoma, he assaulted his dating partner. Specifically, he admitted to striking the victim with his fists and strangling her. The victim suffered substantial bodily injury as a result of his assault upon her.
The FBI and Bristow Police Department conducted the investigation. Assistant U.S. Attorney Richard M. Cella prosecuted the case.
Beckley Man Pleads Guilty to Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – A Beckley man pleaded guilty today to distributing cocaine base in Raleigh County. Eric Ledon Brown, 53, was indicted by a federal grand jury in November 2020.
Pursuant to the plea agreement and statements made in court, Brown sold cocaine base to a confidential informant on August 25, 2020. Brown admitted to selling the drugs from his residence on South Heber Street in Beckley. Brown also admitted to selling cocaine base on two other occasions within the Southern District of West Virginia. As further part of the plea, Brown admitted that a search warrant was executed at his residence on September 30, 2020. During the execution of the search warrant, law enforcement officers found a quantity of cocaine base that Brown admitted that he intended to distribute and two firearms that Brown was prohibited from possessing due to a prior felony conviction in the state of Ohio.
Brown faces up to 20 years in federal prison when he is sentenced on August 6, 2021.
The Federal Bureau of Investigation (FBI) and the Beckley/Raleigh County Drug and Violent Crime Unit, which is comprised of officers from the Raleigh County Sheriff’s Department, the Beckley Police Department and the West Virginia State Police, conducted the investigation. Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. United States District Judge Frank W. Volk presided over the hearing.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:20-cr-00192.
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Attorney General Merrick B. Garland Issues Statement on Death and Injury of Capitol Police OfficersRead the Press Release
U.S. Attorney General Merrick B. Garland today issued the following statement:
“The entire Department of Justice mourns with the U.S. Capitol Police and the family of Officer William Evans. Our thoughts are also with the other brave officer injured in the attack.
“As the members of the U.S. Capitol Police have demonstrated this year, they will give their all to defend the seat of our democracy. The Washington Field Office of the FBI is assisting the Metropolitan Police Department with their investigation of this tragic attack.”
Albany Felon Arrested for Possessing FirearmsRead the Press Release
ALBANY, NEW YORK – Roderick Jones, age 41, of Albany, was ordered detained today on a federal complaint charging him with two separate instances of unlawful possession of firearms.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Chief Eric Hawkins of the Albany Police Department.
The complaint alleges that on January 17, 2019, Jones possessed a loaded .380 caliber handgun in his vehicle when he was arrested on impaired driving charges. The complaint further alleges that on September 29, 2019, Jones possessed a 9mm pistol that he discharged four times at an occupied residence. On both occasions, Jones was a felon who was prohibited from possessing firearms.
Jones was arrested on the complaint on Wednesday, and appeared for a detention hearing today in Albany before United States Magistrate Judge Daniel J. Stewart. Following a detention hearing, Jones was ordered detained pending trial.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Jones was previously convicted of unlawful possession of the .380 pistol in Albany County Court, but that conviction was overturned in July 2020, by the New York Supreme Court Appellate Division’s Third Department. The court ruled that the search of Jones’s vehicle, leading to the recovery of the .380 pistol, was not a valid inventory search. At time of his arrest on the federal complaint, Jones was facing charges in Albany County Court related to the possession and discharge of the 9mm pistol in September 2019. Those charges will be dismissed by the Albany County District Attorney’s Office in light of the federal complaint.
The charges filed against Jones carry a maximum sentence of 20 years in prison, a fine of up to $250,000, and a maximum 3-year term of supervised release. 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 by the Albany Police Department and ATF. It is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Akwesasne Man Sentenced for Fleeing Port of EntryRead the Press Release
ALBANY, NEW YORK - Brennan J. Thompson, age 43, of Cornwall Island, Ontario, was sentenced today to time served (approximately 2 months in jail) for driving away from the Massena Port of Entry while Customs and Border Protection (CBP) Officers attempted to search his vehicle.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Robert Dwyer, CBP Director of the Massena Port of Entry.
As part of his earlier guilty plea, Thompson admitted that on May 13, 2020, he was operating a silver Lincoln sedan when he approached the Massena Port of Entry, seeking to enter the United States from Canada. When asked to open the vehicle’s trunk for inspection, Thompson quickly accelerated away from the inspection booth, made a U-turn and sped back into Canada. Thompson was arrested on June 28, 2020.
Chief United States District Judge Glenn T. Suddaby also sentenced Thompson to a 3-year term of supervised release.
The case was investigated by CBP and was prosecuted by Assistant U.S. Attorney Douglas Collyer.
1 April 2021
Woman from Santa Fe pleads guilty to assaulting a minor in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Brittany Huizar, 20, of Santa Fe, New Mexico, pleaded guilty in federal court on March 31 to a charge of assault resulting in substantial bodily injury in Indian Country.
A grand jury indicted Huizar on Nov. 4, 2020. According to the indictment, on Dec. 31, 2019, Huizar and eight other individuals assaulted a child, who is an enrolled member of the Nambe Pueblo, multiple times before the child was able to escape. The assault began at Valdez Park on the Santa Clara Pueblo.
Huizar faces up to 5 years in prison.
The Santa Fe Resident Agency of the FBI investigated this case with assistance from the New Mexico State Police and the Espanola Police Department. Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.
Woman Pleads Guilty to Embezzling Money from D.C. Law FirmRead the Press Release
WASHINGTON – Katherine Emma Ross, 29, formerly of Washington, D.C., pled guilty today to embezzling hundreds of thousands of dollars from a D.C. law firm. The guilty plea was announced by Acting U.S. Attorney Channing D. Phillips, Matthew S. Miller, Special Agent in Charge of the United States Secret Service’s Washington Field Office, and Metropolitan Police Department Acting Chief Robert J. Contee III.
According to the Statement of Facts filed in conjunction with Ross’ guilty plea, Ross was employed by the Victim-Law-Firm as an hourly employee in a non-lawyer capacity. Without permission of the Victim-Law-Firm or its owner, Ross wrote checks to herself in amounts that she was not owed, forged signatures on those checks, and cashed the checks at bank branches in the District of Columbia, Virginia, and Maryland. She acknowledged that she stole at least $320,000 from the Victim-Law-Firm and its owner through her scheme.
Ross pled guilty to one count of bank fraud, in violation of 18 U.S.C. § 1344. The maximum sentence for bank fraud is thirty years of imprisonment. Under federal sentencing guidelines, however, she faces a likely recommended sentence of between 30 and 41 months in prison. The Honorable Reggie B. Walton, who accepted Ross’ guilty plea, scheduled sentencing for June 29, 2021.
In announcing the guilty plea, Acting U.S. Attorney Phillips, Special Agent in Charge Miller, and Acting Chief Contee commended the work of those who investigated the case from the Secret Service’s Washington Field Office and the Metropolitan Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Michon Tart, Forensic Accountant Bryan Snitselaar, and Assistant United States Attorney Kondi Kleinman.
Two Miami Residents Arrested for Their Alleged Role in $8 Million Scheme to Defraud Prescription Drug Coupon ProgramsRead the Press Release
Miami, Florida -- William Clero, 44 and Cesar Armando Perez Amador, 51, residents of Miami, Florida, were arrested today for their alleged participation in a scheme to defraud prescription drug cost savings (coupon) programs offered by pharmaceutical manufacturers to reduce the cost of prescription drugs for consumers.
On February 25, 2021, Clero and Perez were indicted by a Grand Jury in the Southern District of Florida and charged with participating in a conspiracy to commit wire fraud and mail fraud, conspiracy to commit money laundering offenses, and six counts of money laundering.
According to court documents, Clero and Perez were the beneficial owners of 15 retail pharmacies located in Miami, Florida, and concealed their ownership and control of the pharmacies by enlisting “nominee” owners. It is alleged that from approximately December 2014 through February 2021, Clero and Perez submitted and caused the submission of fraudulent claims for reimbursement to prescription drug coupon programs that falsely and fraudulently represented that prescription drugs had been prescribed by physicians and were being dispensed to patients by the pharmacies. As a result of the scheme, prescription drug coupon programs paid more than $8 million to the pharmacies. Further, Clero and Perez conspired with each other and with others to launder the proceeds of the scheme through shell companies and to engage in monetary transactions to spend the fraud proceeds on themselves and others, according to the allegations.
Both defendants had their initial appearances today in federal magistrate court. Clero’s arraignment and a pretrial detention hearing are set for April 7, 2021. Perez’s arraignment is set for April 12, 2021. These hearings will take place in federal magistrate court in Miami.
Juan Antonio Gonzalez, Acting United States Attorney for the Southern District of Florida, and Anthony Salisbury, Special Agent in Charge, Homeland Security Investigations, (HSI) Miami Field Office, made the announcement.
This case is being investigated by HSI Miami. The case is being prosecuted by Assistant U.S. Attorney Aimee Jimenez of the Southern District of Florida.
An indictment and criminal complaint are charging instruments containing allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 21-cr-20112.
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Texas Syndicate cocaine trafficker returns to prison for over 10 yearsRead the Press Release
CORPUS CHRISTI, Texas – A 39-year-old Robstown gang member and convicted felon has been ordered to federal prison for conspiring to traffic 17 kilograms of cocaine, announced Acting U.S. Attorney Jennifer B. Lowery.
Rudy Reyna pleaded guilty Jan. 7.
Today, U.S. District Judge Nelva Gonzales Ramos sentenced him to serve a 121-month sentence to be immediately followed by five years of supervised release. At the hearing, the court heard additional statements that described Reyna's role during the cocaine-trafficking conspiracy and membership in the dangerous Texas Syndicate gang. In imposing the sentence, Judge Ramos noted Reyna's previous violent criminal conduct.
In July 2020, Reyna was involved in a conspiracy with others to possess with intent to distribute nearly 20 kilograms of cocaine. He helped protect or transport cocaine or currency with others. During the course of the conspiracy, authorities seized over $250,000.
Reyna was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations conducted the investigation with assistance from U.S. Marshals Service, Nueces County District Attorney’s Criminal Interdiction Unit, Texas Department of Public Safety and Corpus Christi Police Department. Assistant U.S. Attorney Reid Manning prosecuted the case.
Texas Man Sentenced to 21 Months for Obstruction of JusticeRead the Press Release
ALBANY, NEW YORK - Tyler C. King, age 32, of Dallas, Texas, was sentenced today to 21 months in prison for falsifying evidence and obstructing justice at his November 2019 jury trial.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his previously entered guilty plea, King admitted to obstructing justice by falsifying evidence for use in his November 2019 federal jury trial in Albany. Following that trial, King was convicted of conspiracy to commit computer fraud, computer fraud, and aggravated identity theft in connection with his hacking of a New York-based technology company, and sentenced to serve 57 months in prison. The 21-month term of imprisonment imposed today will run consecutive to the 57-month term, for a total term of imprisonment of 78 months.
For the obstruction conviction, Chief United States District Judge Glenn T. Suddaby also sentenced King to a 2-year term of supervised release, to begin following his term of imprisonment, and a $7,500 fine.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal.
Statewide robbery spree lands Columbus man in federal prisonRead the Press Release
SAVANNAH, GA: A Columbus man who crisscrossed Georgia while committing a series of robberies has been sentenced to 20 years in federal prison.
Lawrence Dominique Franklin, 37, of Columbus, Ga., was sentenced to 240 months in prison by U.S. District Judge William T. Moore Jr. after pleading guilty to Armed Bank Robbery, Bank Robbery, and Interference with Commerce by Robbery, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. After completion of his prison term, Franklin will be required to serve five years of supervised release. There is no parole in the federal system.
“A previously convicted armed robber, Lawrence Franklin had been out of prison for barely four months before he took up a weapon and threatened store clerks and bank employees in multiple violent robberies across Georgia,” said Acting U.S. Attorney Estes. “Our law enforcement partners did an outstanding job in identifying Franklin and bringing him to justice, once again removing this menace from our streets.”
“In the course of a week, Lawrence Franklin charted a path of violence and mayhem from one end of Georgia to the other,” said Kurt R. Erskine, Acting U.S. Attorney for the Northern District of Georgia. “Thankfully, quick and collaborative action on the state and federal levels led to the defendant’s capture and has brought him to justice.”
“This violent criminal will be imprisoned for many years, without parole, where he will no longer be able to threaten our communities,” said Peter D. Leary, Acting U.S. Attorney for the Middle District of Georgia. “I commend our federal, state and local law enforcement officers for tracking this defendant across the state and bringing him to justice.”
As described in court, documents, and testimony, Franklin was released in July 2019 after serving more than 11 years in state prison for armed robbery. He then began a violent crime spree that started November 25, 2019, when he entered a Wells Fargo Bank in Columbus, Ga. wearing a construction worker vest, pointed a gun at the manager and threatened to “blast” several bank employees. Before departing, he stole thousands of dollars from multiple teller stations.
Three days later, again wearing a construction worker vest, he robbed a Dollar General store in Savannah, forced an employee to open the store safe, and fled with a large amount of cash. The next day, he robbed a Wells Fargo Bank in Newnan, Ga., again by revealing a gun from underneath a construction worker vest and threatening to shoot bank employees.
Franklin told law enforcement officials that, to facilitate his crimes, he kidnapped a woman and threatened to hurt her children unless she drove him from one robbery to the next and helped him escape.
Within three days of the Newnan robbery, Franklin was arrested in Atlanta. After grand juries returned separate federal indictments for the robberies, the cases were consolidated for plea and sentencing in the Southern District of Georgia.
“Franklin decided to continue his life of crime even after serving nearly a dozen years in prison,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “He clearly did not learn his lesson and continued to terrorize innocent civilians who were simply in the wrong place at the wrong time. Hopefully, those victims are able to take some comfort in the fact that he is going back to prison and won't be a threat to them for a long time.”
The case was investigated by the FBI, Savannah Police Department, Columbus Police Department, Newnan Police Department, and Atlanta Police Department. It is being prosecuted for the United States by the U.S. Attorney’s Office for the Southern District of Georgia; by Northern District of Georgia Assistant U.S. Attorney Theodore S. Hertzberg; and by Middle District of Georgia Assistant U.S. Attorney Chris Williams.
St. Louis man pleads guilty to being a felon in possession of a firearmRead the Press Release
ST. LOUIS – Montell Keith, 23, of St. Louis, Missouri, pleaded guilty to being a felon in possession of a firearm. Keith appeared, today, before United States District Court Judge Stephen R. Clark.
On December 8, 2019, officers from the St. Louis Metropolitan Police Department were notified a white Toyota Camry, reported stolen on December 3, was parked at an apartment complex in the 5700 block of Goodfellow Place. While canvassing, officers located the Camry parked on the south parking lot, parked and exited their patrol car. Keith, identified by officers as the driver, drove away from the parking lot. The officers got back in their patrol car to follow and observed Keith running from the Camry. While running, the officers watched Keith throw a pistol on the ground.
Officers chased Keith and eventually arrested him. An officer returned to where he saw Keith throw the pistol and found a loaded 9mm pistol. The officer discovered the pistol had been reported stolen on December 2, 2019.
Prior to December 8, 2019, Keith was convicted of at least one felony crime.
Judge Clark has set sentencing for July 15, 2021 at 11:00 a.m.
The St. Louis Metropolitan Police Department investigated the case. Assistant United States Attorney Jennifer Szczucinski is handling the case.
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Springdale Man Sentenced to over Nine Years in Federal Prison for Firearms PossessionRead the Press Release
Fayetteville, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas announced that Trent Guida, age 37, of Springdale Arkansas was sentenced today to 110 months in federal prison followed by three years of supervised release on one count of Felon in Possession of a Firearm. The Honorable Judge Timothy L. Brooks presided over the sentencing hearing today in the United States District Court in Fayetteville.
In January of 2020, detectives with the 4th Judicial Drug Task Force learned that Guida was staying at a hotel in Springdale Arkansas. Knowing that Guida had a search waiver on file, detectives located and approached Guida while he entered his room. While speaking with Guida, he spontaneously admitted to everything in the room belonging to him. During the search of Guida’s room and vehicle, Detectives located 2 firearms, approximately 2.2 grams of heroin, and drug paraphernalia.
Guida was indicted by a federal grand jury in July of 2020 and entered a guilty plea in December of 2020.
This case was investigated by the State of Arkansas Fourth (4th) Judicial District Drug Task Force. Assistant United States Attorney David Harris prosecuted the case for the Western District of Arkansas.
This case was prosecuted as 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.
South Texas pair admit to multiple counts of child exploitationRead the Press Release
McALLEN, Texas - A man and woman have entered guilty pleas to production of child pornography and coercion and enticement of a minor, announced Acting U.S. Attorney Jennifer B. Lowery.
Reid Etheridge, 41, McAllen, admitted he filmed himself committing the sexual abuse and assault of two minor children from on or about Jan. 1, 2020, to approximately Oct. 1, 2020. As part of her guilty plea, Alicia Cronkhite, 29, Edinburg, admitted she took photographs of one minor victim’s exposed genitals and transmitted those photographs to Etheridge at his request.
Etheridge and Cronkhite pleaded guilty to two counts and one count of production of child pornography, respectively. Etheridge also admitted to coercion and enticement of a minor, while Cronkhite entered her plea to aiding and abetting the coercion and enticement of a minor.
The investigation led authorities to an IP address in McAllen that had uploaded images and videos depicting minor children engaged in sex acts. On Oct. 2, 2020, law enforcement executed a search warrant and encountered Etheridge at the residence. He soon admitted he had filmed himself sexually assaulting one minor victim.
Further investigation revealed communication between Etheridge and Cronkhite detailing the sexual exploitation of another minor victim. Authorities searched her residence, at which time she admitted she produced multiple images of a minor victim and transmitted the images to Etheridge.
U.S. District Judge Randy Crane will impose sentencing June 15. At that time, both Etheridge and Cronkhite face a mandatory minimum of 15 years and up to life in federal prison and a possible $250,000 maximum fine.
They have been and will remain in custody pending that hearing.
Homeland Security Investigations - Rio Grande Valley Child Exploitation Investigations Task Force conducted the investigation.
Assistant U.S. Attorney Michael Mitchell is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
Rochester-Area Man Pleads Guilty to Fraud, Money Laundering and Tax OffensesRead the Press Release
SYRACUSE, NEW YORK – Michael Bartusek, age 58, of Fairport, New York, pled guilty today to wire fraud, money laundering, and filing a false tax return.
The announcement was made by Acting United States Attorney Antoinette T. Bacon of the Northern District of New York; United States Attorney James P. Kennedy, Jr. of the Western District of New York; Thomas Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Inspector in Charge Joseph Cronin, Boston Division, United States Postal Inspection Service (USPIS); and Jonathan D. Larsen, Special Agent in Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (IRS-CI).
As part of his guilty plea, Bartusek admitted that, from the summer of 2015 through the end of 2016, he defrauded his employer of approximately $776,000 which he used to invest in a high-risk scheme to purchase and sell diamonds from overseas, hoping to profit personally from their sale and return the money he stole from his employer before his fraud was discovered. Instead, the diamond investment failed, and the money was lost. Bartusek also admitted that, as part of his diamond scheme, he and two others solicited investments for a company called Integra Diamonds by materially false and fraudulent representations in an effort to recover investment funds that had been lost, including the money Bartusek stole from his employer.
In addition to the fraud and money laundering charges, Bartusek pled guilty to filing a false tax return for tax year 2015, and he admitted that he underreported his total income that tax year by approximately $123,000. He admitted further that he underreported his total income for the 2016 tax year by approximately $46,000.
Sentencing is set for July 28, 2021, before Senior United State District Court Judge Thomas J. McAvoy. Bartusek faces upon to 20 years in prison on the fraud conviction, 10 years in prison on the money laundering conviction, and 3 years in prison on the tax conviction. The judge also could impose a term of supervised release of up to three years. In addition to imprisonment and supervised release, Bartusek faces a fine of up to $250,000, and as part of his plea agreement Bartusek agreed to be subject to a forfeiture money judgment in the amount of $946,000. A defendant’s sentence is imposed by a judge based on the statutes the defendant violated, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the Federal Bureau of Investigation (FBI), United States Postal Inspection Service, and the Internal Revenue Service – Criminal Investigation (IRS-CI). It is being prosecuted by Assistant U.S. Attorneys Michael D. Gadarian and Nicolas Commandeur of the Northern District of New York and Assistant U.S. Attorney Charles Kruly of the Western District of New York.
Reptile Dealer Arrested on Lacey Act and Firearms ChargesRead the Press Release
A South Carolina man was arrested on March 30 on Lacey Act and firearms charges. A federal judge in the Middle District of Georgia, unsealed the indictment today.
Ashtyn Michael Rance, 35, of Dalzell, was charged by a federal grand jury in the Middle District of Georgia on March 9 for trafficking vipers and turtles, as well as illegally possessing two firearms. U.S. Fish and Wildlife Service (USFWS) agents arrested Rance in Dalzell on a warrant to face the charges in the Middle District of Georgia.
The indictment alleges that in February 2018, Rance sold 16 spotted turtles and three eastern box turtles to a buyer in Florida. He shipped the reptiles from Valdosta in a package falsely labeled as containing tropical fish and lizards. The indictment also alleges that in May 2018, Rance sent a second package to Florida with a label stating that it contained harmless reptiles and ball pythons. In reality, Rance had shipped 15 Gaboon vipers, which are venomous snakes. Finally, the indictment alleges that on May 11, 2018, law enforcement authorities executed a search warrant at Rance’s Valdosta home, where they recovered a Bushmaster Carbine .223 caliber rifle and a Mossberg 12-gauge shotgun. It is a violation of federal law for a convicted felon to possess a firearm, and Rance has a prior felony conviction.
“Rance’s reckless shipment of venomous snakes and illegal possession of firearms demonstrate the dangers of wildlife trafficking,” said Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division (ENRD). “I applaud our federal and state law enforcement partners for keeping the public and delivery couriers safe.”
“Illegal wildlife trafficking can have devastating effects, and our office will prosecute individuals found in violation of the Lacey Act and other environmental protection laws,” said Acting U.S. Attorney Peter D. Leary of the U.S. Attorney’s Office for the Middle District of Georgia. “I want to thank the U.S. Fish and Wildlife Service, ATF and Georgia DNR for their work investigating this case.”
“Wildlife trafficking is a serious crime that impacts species at home and abroad,”said Special Agent in Charge Stephen Clark for the USFWS Office of Law Enforcement. “I would like to thank the Justice Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Georgia and South Carolina Departments of Natural Resources for their assistance with this case. Together, we have stopped highly venomous snakes, and our nation’s own wildlife, from being smuggled.”
Rance possessed and sold the reptiles in violation of Georgia laws. The federal Lacey Act is the nation’s oldest wildlife trafficking statute and prohibits, among other things, transporting wildlife in interstate commerce if the wildlife was possessed illegally under state laws. It also is a Lacey Act violation to falsely label a package containing wildlife.
The spotted turtle (Clemmys guttata) is a semi-aquatic turtle native to the eastern United States and Great Lakes region. The eastern box turtle (Terrapene carolina carolina) is endemic to forested regions of the East Coast and Midwest. Collectors prize both species in the domestic and foreign pet trade market. The Gaboon viper (Bitis gabonica) is native to central Sub-Saharan Africa. Its venom can cause shock, loss of consciousness or death in humans.
The maximum sentence under the Lacey Act and firearms charges are five and 10 years’ imprisonment, respectively, and a $250,000 fine for each charge.
The USFWS Office of Law Enforcement in Vero Beach, Florida; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Georgia Department of Natural Resources conducted the investigation as part of Operation Middleman. The operation focused on the trafficking of reptiles from the United States to China.
Trial Attorney Ryan Connors of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Sonja Profit for the Middle District of Georgia are prosecuting the case.
An indictment is only an accusation, and the defendant is presumed innocent until proven otherwise before a jury at trial.
Reptile Dealer Arrested on Lacey Act and Firearms ChargesRead the Press Release
VALDOSTA, Ga. – A reptile dealer, with a residence in Valdosta, Georgia, appeared in Columbia, South Carolina, federal court on Wednesday, March 31, for his initial appearance on Lacey Act and firearms charges arising from an indictment unsealed today in the Middle District of Georgia, said Acting U.S. Attorney Peter D. Leary of the U.S. Attorney’s Office for the Middle District of Georgia (USAO-MDGA).
Ashtyn Michael Rance, 35, of Dalzell (Sumter County), South Carolina, was charged by a federal grand jury in the Middle District of Georgia on March 9, for trafficking vipers and turtles, as well as illegally possessing two firearms. U.S. Fish and Wildlife Service (USFWS) agents arrested Rance on Tuesday, March 30, on a warrant to face the charges in the Middle District of Georgia. The maximum sentence under the Lacey Act and firearms charges are five and 10 years of imprisonment, respectively, and a $250,000 fine for each charge.
The indictment alleges that in February 2018, Rance sold 16 spotted turtles and three eastern box turtles to a buyer in Florida and shipped the reptiles from Valdosta, Georgia, in a package falsely labeled as containing tropical fish and lizards. The indictment also alleges that in May 2018, Rance sent a second package to Florida with a label stating that it contained harmless reptiles and ball pythons when in reality, Rance had shipped 15 Gaboon vipers, which are venomous snakes. Finally, the indictment alleges that on May 11, 2018, law enforcement authorities executed a search warrant at Rance’s Valdosta home, where they recovered a Bushmaster Carbine .223 caliber rifle and a Mossberg 12-gauge shotgun. It is a violation of federal law for a convicted felon to possess a firearm, and Rance has a prior felony conviction.
An indictment is a set of allegations based upon a finding of probable cause by a grand jury. A defendant is presumed innocent until convicted.
“Illegal wildlife trafficking can have devastating effects, and our office will prosecute individuals found in violation of the Lacey Act and other environmental protection laws,” said Acting U.S. Attorney Leary. “I want to thank the U.S. Fish and Wildlife Service, ATF, and the Georgia and South Carolina Departments of Natural Resources for their work investigating this case.”
“Rance’s reckless shipment of venomous snakes and illegal possession of firearms demonstrate the dangers of wildlife trafficking,” said Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division (ENRD). “I applaud our federal and state law enforcement partners for keeping the public and delivery couriers safe.”
“Wildlife trafficking is a serious crime that impacts species at home and abroad,” said Special Agent in Charge Stephen Clark for the USFWS Office of Law Enforcement. “I would like to thank the Justice Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Georgia and South Carolina Departments of Natural Resources for their assistance with this case. Together, we have stopped highly venomous snakes, and our nation’s own wildlife, from being smuggled.”
The federal Lacey Act is the nation’s oldest wildlife trafficking statute and prohibits, among other things, transporting wildlife in interstate commerce if the wildlife was illegal under state laws. The indictment against him alleges that Rance possessed and sold the reptiles in violation of Georgia laws. It also is a Lacey Act violation to falsely label a package containing wildlife.
The spotted turtle (Clemmys guttata) is a semi-aquatic turtle native to the eastern United States and Great Lakes region. The eastern box turtle (Terrapene carolina carolina) is endemic to forested regions of the East Coast and Midwest. Collectors prize both species in the domestic and foreign pet trade market. The Gaboon viper (Bitis gabonica) is native to central Sub-Saharan Africa. Its venom can cause shock, loss of consciousness or death in humans.
The case is being investigated by USFWS Office of Law Enforcement in Vero Beach, Florida, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Georgia Department of Natural Resources and the South Carolina Department of Natural Resources as part of Operation Middleman. The operation focuses on the trafficking of reptiles from the United States to China.
Trial Attorney Ryan Connors of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Sonja Profit of the Middle District of Georgia are prosecuting the case, with support from Assistant U.S. Attorney Winston Holliday of the District of South Carolina. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
An indictment is only an accusation, and the defendant is presumed innocent until proven otherwise before a jury at trial.
Prison Inmate, Two Others Charged in Amphetamines Distribution ConspiracyRead the Press Release
PROVIDENCE – An ACI inmate who is alleged to have continued to operate a drug trafficking business while incarcerated at the ACI, the inmate’s girlfriend, whom he allegedly instructed by telephone from inside the ACI on how to continue to operate the business, and an alleged supplier of amphetamine pills for them to sell, have been charged by way of federal criminal complaints filed in U.S. District Court.
Arrested today as he exited the ACI on charges of conspiracy to possess amphetamines with intent to distribute and possession of amphetamine with intent to distribute, Ronald M. Kramer, 36, of Providence, is also charged with possession of a firearm by a prohibited person. It is alleged in court documents that Kramer, previously convicted and sentenced on state robbery, breaking and entering/domestic, and felony assault charges, instructed his girlfriend, Rebecca L. Beauchamp, 36, of North Providence not only on how to continue his drug trafficking business, but also about how to locate and sell a firearm he owned. Beauchamp allegedly sold the gun to an undercover ATF agent.
It is alleged in court documents that on February 18, 2021, the same day Kramer was detained at the ACI on drunk driving, obstruction, and resisting arrest charges following his arrest by Providence Police, he began a long series of telephone conversations, often multiple times a day, with Beauchamp instructing her on contacting his supplier of amphetamine drugs and his customers, guiding her on executing drug transactions, and about how to locate and sell his gun.
According to court documents, at Kramer’s direction, numerous sales of varying quantities of amphetamines were allegedly conducted, including several sales made to undercover ATF agents.
As part of the investigation, on March 19, 2021, law enforcement agents executed a federal court-authorized search at the home of Davith Hoy, 41, of Cranston, the alleged supplier of amphetamines to Kramer and Beauchamp. Agents seized approximately 3,900 amphetamine (Adderall) pills, 110.6 grams of pills that tested positive for the presence of fentanyl, a pill press, and various items used in the packaging and sale of drugs. Hoy shares the residence with his wife and their three young children.
Hoy was arrested on charges of possession of amphetamine with intent to distribute and possession of fentanyl with intent to distribute. Hoy was ordered detained in federal custody.
Today, law enforcement agents executed a court-authorized search at the North Providence residence of Rebecca Beauchamp, and arrested Beauchamp on charges of conspiracy to possess amphetamines with intent to distribute and possession of amphetamine with intent to distribute. Agents seized a small amount of amphetamine pills and approximately $11,000 in currency. Beauchamp was released on unsecured bond following an initial appearance in U.S. District Court.
The arrest and filing of criminal complaints in this matter against Kramer, Beauchamp, and Hoy are announced by Acting United States Attorney Richard B. Myrus, Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives Kelly D. Brady, and Providence Police Chief Colonel Hugh T. Clements, Jr.
The case is being prosecuted by Assistant U.S. Attorney William J. Ferland.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Acting United States Attorney Myrus acknowledges and thanks the Office of the Rhode Island Attorney General, Rhode Island Department of Corrections, United States Postal Inspection Service, United States Marshals Service, Rhode Island State Police, and the Pawtucket, Providence, Cranston, and North Providence Police Departments for their assistance in the investigation of this case.
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Ponte Vedra Man Sentenced to More Than Six Years in Prison for Investment SchemeRead the Press Release
Jacksonville, Florida – Chief U.S. District Judge Timothy J. Corrigan today sentenced Robert H. Hendricks (64, Ponte Vedra) to six years and six months in federal prison for wire fraud. As part of his sentence, the court also entered a money judgment of $2,682,924.34, the proceeds of the charged criminal conduct. In addition, the court ordered Hendricks to pay $3,879.881.34 in restitution.
Hendricks had pleaded guilty on September 28, 2020.
According to court documents, Hendricks was a licensed real estate broker in the Middle District of Florida. Hendricks told two of his victims, a husband and wife who were his longtime friends, that he had been successful with commercial property development and needed money for another commercial property deal in central Florida. In October 2014, the husband paid Hendricks $300,000 as an investment in two commercial property ventures. Hendricks never used the funds for an investment. Instead, he used the funds for his personal benefit.
On March 21, 2016, Hendricks received a wire of $200,000 from another victim, who was also a friend. Hendricks told that victim that Wawa, a chain of convenience stores and gas stations, was establishing locations in Jacksonville and offered the victim a deal for four to five stores. The victim believed that three of the five locations were completed based, in part, on a contract Hendricks provided referencing a Wawa at the St. Johns Town Center (SJTC), as well as other representations Hendricks made. However, the store at the SJTC had already been built at the time of the investment. Hendricks was not involved in that or any other project involving Wawa locations at the SJTC.
On April 18, 2016, Hendricks received a wire of $490,000 from a lender for a property he obtained from a longtime friend through misrepresentations. The victim had agreed to temporarily transfer the property to Hendricks to enable him to pay for cleanup and obtain special insurance, but Hendricks did not need to pay for any cleanup and no special insurance was required. Instead, once the property was in Hendricks’ name, he mortgaged the property for his benefit and failed to repay that loan. The lender then foreclosed the property and took title after an auction.
On February 13, 2017, Hendricks received a wire of $388,962.17 from a victim for another purported commercial property venture. Hendricks falsely claimed he had an interest in an LLC that owned a Home Depot and the victim could invest in it. However, the money went to an LLC Hendricks had created solely to further his scheme, and Hendricks did not own any interest in the unrelated LLC that actually owned the Home Depot.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Ashley Washington.
Philadelphia Man Sentenced for Drug TraffickingRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Markeese Askew, age 28, of Philadelphia, Pennsylvania, was sentenced to 192 months' imprisonment followed by a six-year term of supervised release by U.S. District Court Judge Matthew W. Brann on drug trafficking charges.
According to Acting U.S. Attorney Bruce D. Brandler, Davidson pleaded guilty in october 2020 to conspiring to distribute heroin and a mixture of heroin and carfentanil. During a three-day period in June 2017, there was a reash of drug overdoses in Williamsport. At the time, UPMC Susquehanna in Williamsport and Wellsboro reported treating 51 such cases within a 48-hour period.
Two of Davidson’s co-conspirators, Wayne Davidson and Nathan Crowder also pleaded guilty in October 2020 to the same charge. They were both sentenced to 210 months’ imprisonment in March 2021. Raymond Howard was convicted after a five-day jury trial and awaits sentencing.
In total, Askew and the three co-conspirators were charged with delivering a mixture of heroin and carfentanil that resulted in serious bodily injury to eight individuals.
The case was investigated by the Lycoming County District Attorney’s Office Narcotics Enforcement Unit, Montoursville Police Department, Old Lycoming Township Police Department, South Williamsport Police Department, Williamsport Bureau of Police, Pennsylvania State Police and the Federal Bureau of Investigation. Assistant United States Attorneys Alisan V. Martin and Geoffrey W. MacArthur 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. This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state, and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Pekin Man Indicted for Allegedly Filing False Tax ReturnsRead the Press Release
PEORIA, Ill. – An indictment returned by a federal grand jury charges a Pekin, Ill., man, Kenin Edwards, with allegedly underreporting his income on federal and state tax returns filed for tax years 2014 to 2018. Edwards made his initial appearance in federal court in Peoria today via videoconference before U.S. Magistrate Judge Jonathan E. Hawley. The indictment was returned by the grand jury on March 15, 2021, but remained sealed pending Edwards’ initial court appearance today. A trial in the case is scheduled on June 1, 2021.
According to the indictment, from early 2014 to late 2017, Edwards worked as a contractor for logging businesses and was paid a commission for the deals he negotiated between landowners and third-party timber purchasers. In late 2017, Edwards formed a partnership known as “Edwards & Sons Log Purveyors.”
The indictment alleges that from as early as April 2015 and continuing to at least the end of May 2019, for tax years 2014, 2015, 2016, 2017, and 2018, Edwards willfully underreported the income he made in the logging business to reduce his tax liabilities. According to the indictment, Edwards underreported his personal and business income on returns he filed with the Internal Revenue Service and with the Illinois Department of Revenue.
Assistant U.S. Attorney Douglas F. McMeyer is representing the government in the prosecution. The IRS, Criminal Investigation Division, and the Illinois Department of Revenue conducted the investigation.
The indictment specifically charges four counts of mail fraud, three counts of wire fraud, and seven counts of making a false tax return. If convicted, for the offenses of mail fraud and wire fraud, the maximum statutory penalty for each count is up to 20 years in prison; for making a false tax return, the maximum penalty is up to three years in prison.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Oklahoma City Man Sentenced to 80 Years in Federal Prison After Five Years of Criminal ConductRead the Press Release
OKLAHOMA CITY – Today, DOMINIC EUGENE HUNT, aka "Dime Sack," 26, of Oklahoma City, was sentenced to 80 years in prison on numerous firearms, ammunition, and drug-related charges after five years of criminal conduct, announced Acting U.S. Attorney Robert J. Troester.
On November 6, 2019, a Third Superseding Indictment charged Hunt with nine counts of various firearms, ammunition, and drug-related charges from four separate episodes of criminal conduct spanning from 2014 to 2019. The Third Superseding Indictment charged Hunt with the following: Counts 1 & 5) Drug User in Possession of a Firearm; Count 2) Maintaining a Drug-Involved Premises; Counts 3 & 6) Possession with Intent to Distribute; Counts 4 & 7) Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Counts 8 & 9) Felon in Possession of Ammunition.
On September 4, 2020, Hunt pleaded guilty to Counts 1-3 before the case went to trial. On September 11, 2020, after a four-day trial, the jury returned guilty verdicts on the remaining six counts.
Evidence at trial showed Hunt possessed three different firearms, including an assault rifle, on at least two separate occasions in 2014, in furtherance of his intent to distribute marijuana. Evidence also showed the ammunition Hunt possessed in Count 8 was the ammunition used in a January 2019 shooting, the victim of which survived. Finally, evidence showed the ammunition Hunt possessed in Count 9 was used in a drive-by shooting on February 2, 2019, which resulted in the death of Conilius “Tubby” Wright.
Today, U.S. District Judge David L. Russell sentenced Hunt to serve 80 years in federal prison, followed by three years of supervised release.
This case is the result of investigations by the Oklahoma City Police Department, Bureau of Alcohol, Tobacco, Firearms, & Explosives, and Federal Bureau of Investigation’s Oklahoma City Field Division. Assistant U.S. Attorneys Jacquelyn M. Hutzell and David McCrary prosecuted the case.
This case is part of Project Safe Neighborhoods, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.
Reference is made to court filings for further information.
Ohio Man Enters Guilty Plea to Federal Drug OffenseRead the Press Release
CHARLESTON, W.Va. – A Cleveland, Ohio man pleaded guilty today to a federal drug crime. James Lavan, 45, pled guilty to possession with intent to distribute heroin.
According to court documents and statements made in court, Lavan admitted that on June 12, 2019, members of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) executed a search warrant on his girlfriend’s vehicle and seized over 70 grams of heroin from his tool bag in the truck. Lavan admitted he intended to sell the heroin.
Lavan faces up to 63 months in prison when sentenced on July 1, 2021.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Charleston Police Department and the Drug Enforcement Administration (DEA) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorneys Nowles Heinrich, Jeremy B. Wolfe and former Assistant United States Attorney Ryan A. Saunders are handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-00233.
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Oath Keeper Affiliates Charged in Superseding Indictment for Conspiracy Leading to the U.S. Capitol AttackRead the Press Release
Note: A full copy of the indictment can be viewed
here.WASHINGTON — Two individuals associated with the Oath Keepers, a large but loosely organized collection of individuals who explicitly focus on the recruitment of current and former military, law enforcement and first responder personnel, were indicted yesterday in federal court in the District of Columbia for conspiring to obstruct Congress, among other charges. James and Minuta are the 11th and 12th defendants to be charged in this case.
Joshua James, 33, of Arab, Alabama, was arrested on March 9, 2021 in Arab, Alabama; and Roberto Minuta, 36, of Prosper, Texas, was arrested on March 7, 2021, in Newburgh, New York. Both individuals were charged by superseding indictment with conspiracy, obstruction of an official proceeding, and entering and remaining in a restricted building or grounds. If convicted, James and Minuta each face a maximum penalty of 20 years in prison.
According to the charging documents, James and Minuta communicated with co-conspirators in advance of the Jan. 6, 2021, incursion on the U.S. Capitol. The indictment alleges frequent and consistent communication leading up to the attack, such as in reserving hotel rooms and making phone calls to co-conspirators the morning of the breach.
According to the indictment, in response to a call for individuals to head to the Capitol after the building was breached, James and Minuta drove to the Capitol in a golf cart, at times swerving around law enforcement vehicles with Minuta stating, “Patriots are storming the Capitol…so we’re en route in a grand theft auto golf cart to the Capitol building right now…it’s going down guys; it’s literally going down right now Patriots storming the Capitol building…”
Once they arrived, Minuta aggressively berated and taunted law enforcement officers in riot gear guarding the perimeter of the Capitol near the East side of the building. At 3:15 p.m., Minuta and James forcibly entered the Capitol building through the same east side Rotunda doors through which their alleged co-conspirators had entered earlier.
They then stormed the building, wearing military gear. Minuta additionally wore hard-knuckle tactical gloves, ballistic goggles, a radio with an earpiece and bear spray. Video captures Minuta yelling at an officer: “All that’s left is the Second Amendment!” as he exited the building at 3:19 p.m. Not long after 4:00 p.m., individuals who breached the Capitol – including James, Minuta and many of their alleged co-conspirators – gathered together approximately 100 feet from the Capitol near the northeast corner of the building.
The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice’s National Security Division, Counterterrorism Section. Valuable assistance was provided by the U.S. Attorneys’ Offices for the Southern District of New York, Eastern District of Texas and Northern District of Alabama. The case is being investigated by the FBI’s New York, Dallas, Birmingham and Washington Field Offices.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
The charges contained in the complaint are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Oath Keeper Affiliates Charged in Superseding Indictment for Conspiracy Leading to the U.S. Capitol AttackRead the Press Release
WASHINGTON — Two individuals associated with the Oath Keepers, a large but loosely organized collection of individuals who explicitly focus on the recruitment of current and former military, law enforcement and first responder personnel, were indicted yesterday in federal court in the District of Columbia for conspiring to obstruct Congress, among other charges. James and Minuta are the 11th and 12th defendants to be charged in this case.
Joshua James, 33, of Arab, Alabama, was arrested on March 9, 2021 in Arab, Alabama; and Roberto Minuta, 36, of Prosper, Texas, was arrested on March 7, 2021, in Newburgh, New York. Both individuals were charged by superseding indictment with conspiracy, obstruction of an official proceeding, and entering and remaining in a restricted building or grounds. If convicted, James and Minuta each face a maximum penalty of 20 years in prison.
According to the charging documents, James and Minuta communicated with co-conspirators in advance of the Jan. 6, 2021, incursion on the U.S. Capitol. The indictment alleges frequent and consistent communication leading up to the attack, such as in reserving hotel rooms and making phone calls to co-conspirators the morning of the breach.
According to the indictment, in response to a call for individuals to head to the Capitol after the building was breached, James and Minuta drove to the Capitol in a golf cart, at times swerving around law enforcement vehicles with Minuta stating, “Patriots are storming the Capitol…so we’re en route in a grand theft auto golf cart to the Capitol building right now…it’s going down guys; it’s literally going down right now Patriots storming the Capitol building…”
Once they arrived, Minuta aggressively berated and taunted law enforcement officers in riot gear guarding the perimeter of the Capitol near the East side of the building. At 3:15 p.m., Minuta and James forcibly entered the Capitol building through the same east side Rotunda doors through which their alleged co-conspirators had entered earlier.
They then stormed the building, wearing military gear. Minuta additionally wore hard-knuckle tactical gloves, ballistic goggles, a radio with an earpiece and bear spray. Video captures Minuta yelling at an officer: “All that’s left is the Second Amendment!” as he exited the building at 3:19 p.m. Not long after 4:00 p.m., individuals who breached the Capitol – including James, Minuta and many of their alleged co-conspirators – gathered together approximately 100 feet from the Capitol near the northeast corner of the building.
The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice’s National Security Division, Counterterrorism Section. Valuable assistance was provided by the U.S. Attorneys’ Offices for the Southern District of New York, Eastern District of Texas and Northern District of Alabama. The case is being investigated by the FBI’s New York, Dallas, Birmingham and Washington Field Offices.
The charges contained in the complaint are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
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Norfolk Man Convicted in Fatal KidnappingRead the Press Release
Acting United States Attorney Jan W. Sharp announced that a federal jury in Omaha, Nebraska, returned guilty verdicts today against Ramon Simpson, 50, of Norfolk, for Kidnapping Resulting in Death and Conspiracy to Commit Kidnapping. Kidnapping Resulting in Death carries a mandatory sentence of life imprisonment. There is no parole in the federal system. United States District Judge Brian C. Buescher presided over the 7-day trial and set sentencing for June 30, 2021.
Phyllis Hunhoff regularly traveled from her home in Yankton, South Dakota to her mother’s home in Utica, South Dakota. Her regular practice was to call her mother upon returning to Yankton. On November 4, 2018, at approximately 9:45 p.m., Phyllis Hunhoff left her mother’s residence, alone, to drive home to Yankton. She did not call her mother as she did not make it home. Having not heard from Phyllis, her mother began repeatedly calling her phone to determine her whereabouts. All calls were unanswered.
Simpson, Joseph James, and other men were near Phyllis Hunhoff’s mother’s residence as she was leaving. James and Simpson encountered Phyllis Hunhoff outside of the residence and got into her car. Simpson and James kidnapped Phyllis Hunhoff and took Hunhoff and her vehicle to Norfolk, Nebraska, arriving at about 11:00 p.m. When they arrived in Norfolk, James remained in the vehicle and Simpson exited the vehicle with James’s cellular phone. James drove Phyllis Hunhoff’s vehicle, with her inside, to the Santee Sioux Indian Reservation in Knox County, Nebraska. Simpson proceeded to delete communications and location data from James’s phone detailing their travels and activities on November 4, 2018.
Video from a gas station on the Santee Reservation showed James driving Hunhoff’s vehicle and putting gasoline into her vehicle. Later, James returned in the same vehicle to the gas station and pumped gasoline into a soda bottle. James then drove to an isolated location on the Santee Reservation in Knox County, Nebraska, where he set fire to Hunhoff’s body and her vehicle to conceal evidence of the murder and kidnapping. James abandoned the body and vehicle and left the area.
On November 8, 2018, Phyllis Hunhoff’s body was located inside of her vehicle on the Santee Sioux Indian Reservation. Hunhoff had been killed by strangulation and stab wounds. Hunhoff’s body and vehicle were set on fire.
The FBI and other law enforcement officers investigated the murder and obtained evidence, including surveillance footage of James at the gas station during the early morning hours of November 5, 2018. Santee Police recovered the shirt James was wearing when he killed Phyllis Hunhoff. Her DNA was on James’ shirt. James’s DNA was on clothing Phyllis Hunhoff was wearing when he killed her.
When contacted by the Federal Bureau of Investigation, Simpson repeatedly lied about his and James’s whereabout on November 4 and 5, 2018.
James entered a plea of guilty to Murder in Indian Country on February 5, 2020, and on July 15, 2020 was sentenced to life imprisonment.
Acting United States Attorney Jan Sharp said, “The abduction and killing of Phyllis Hunhoff was a ghastly crime. Our hearts go out to her family. Mr. Simpson is richly deserving of the sentence he will likely receive. The two-year investigation and prosecution of Mr. Simpson, and Mr. James before him, was complicated by complex jurisdictional issues and the need to analyze volumes of digital evidence. The FBI and the trial team did an outstanding job putting together the case that led to Mr. Simpson’s conviction.”
After today’s verdict, FBI Omaha Special Agent in Charge Eugene Kowel said, “Ramon Simpson may not have killed Phylliss Hunhoff, but his participation in her abduction and kidnapping ultimately lead to her violent and senseless death. FBI Omaha is committed to continue working with our state and local partners to apprehend violent criminals and bring them to justice.”
The case was prosecuted by Assistant United States Attorneys Jody Mullis and Sean Lynch.
The case was investigated by the Federal Bureau of Investigation, the Nebraska State Patrol, Knox County Sheriff’s Office, Santee Sioux Nation Tribal Police, Yankton County Sheriff’s Office, Yankton Police Department (South Dakota), Norfolk Police Department, the University of Nebraska Medical Center, the Nebraska State Fire Marshal, and the Lincoln Police Department.
New York Man Charged with Attempted Sex Trafficking of Two MinorsRead the Press Release
NEWARK, N.J. – A New York man is scheduled to make his initial appearance today on charges that he attempted to engage in sex trafficking of two minors and transported the minors to engage in unlawful sexual activity, Acting U.S. Attorney Rachael A. Honig announced.
Berry Norman, 32, is charged in a three-count complaint with attempted sex trafficking of two minors and transporting the minors to engage in unlawful sexual activity. He is scheduled to appear by videoconference before U.S. Magistrate Judge Cathy L. Waldor this afternoon.
According to documents filed in this case and statements made in court:
On Feb. 24, 2021, Norman enticed the victims, both minors, to travel with him from Ohio to New Jersey. On Feb. 25, 2021, Norman housed the victims in a hotel in Hudson County, New Jersey. Norman allegedly attempted to convince the victims to engage in commercial sex acts. Norman told the victims that they could “get paid” for having sex with men and for performing sexually explicit “shows” on the computer. The victims declined. On Feb. 27, 2021, Norman engaged in sex acts with one victim.
On Feb. 28, 2021, Norman transported the victims to another hotel in New York. Norman purchased lingerie for the victims. When they returned to the hotel room, Norman allegedly encouraged the victims to put on the lingerie and perform sexual acts while a computer live-streamed the victims over the Internet. The victims declined again. Later that evening, one victim observed a laptop that was on and streaming a video of the victims in the hotel room. The victim contacted a relative for help. In turn, the victim’s relative contacted law enforcement, leading to Norman’s arrest.
Each count of attempting to engage in sex trafficking with a minor and transportation of a minor to engage in unlawful sexual activity carries a statutory mandatory minimum penalty of 10 years in prison and a maximum of life in prison.
Acting U.S. Attorney Honig credited special agents of the U.S. Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina; members of the New York City Police Department, under the direction of Chief Terence A. Monahan; and members of the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Kimberly Mitchell of the OCDETF/Narcotics Unit in Newark.
New York City Man and Alabama Woman Charged with Attempting and Conspiring to Provide Material Support to ISISRead the Press Release
Audrey Strauss, the U.S. Attorney for the Southern District of New York, John C. Demers, the Assistant Attorney General for National Security, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), announced that JAMES BRADLEY, a/k/a “Abdullah,” and ARWA MUTHANA were arrested yesterday, March 31, 2021, at a seaport in Newark, New Jersey. A criminal Complaint was subsequently filed in Manhattan federal court charging BRADLEY and MUTHANA with attempting and conspiring to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (“ISIS”). As alleged in the Complaint, BRADLEY, who resides in the Bronx, New York, has expressed his support for ISIS and his desire to join the group overseas or commit a terrorist attack in the United States. BRADLEY and his wife MUTHANA, of Alabama, who has also expressed her support for ISIS, were arrested while attempting to travel together by cargo ship to the Middle East to join and fight for ISIS. BRADLEY and MUTHANA were presented before United States Magistrate Judge Debra Freeman in Manhattan federal court this afternoon.
Manhattan U.S. Attorney Audrey Strauss said: “James Bradley allegedly pledged devout allegiance to ISIS, expressing his desire to ‘fight among the rank[s] for the Islamic State.’ Suspecting he may be unable to travel, Bradley instead allegedly discussed conducting terrorist attacks along with his wife, Arwa Muthana, also an ISIS supporter, against the US Military Academy at West Point or another area university where Bradley knew military recruits to be training. But in an alleged attempt to evade the watchful eye of law enforcement, the two ultimately planned to travel to Yemen by cargo ship to fulfil their wish to fight with the terrorist organization. As Bradley suspected, he and his wife were indeed on law enforcement’s radar – he was confiding in and planning their journey for terror with an undercover officer – and their plans to wage attacks against the United States have been thwarted.”
Assistant Attorney General John C. Demers said: “As alleged, the defendants planned to travel overseas to join and support ISIS. The threat of terrorism at home and abroad remains, and the National Security Division is committed to holding accountable those who would provide material support to foreign terrorist organizations. I want to thank the agents, analysts, and prosecutors who are responsible for this case.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “Like others who followed a similar path before them, Mr. Bradley and his wife Mrs. Muthana have now learned their alleged attempts to fight on behalf of ISIS, inside the U.S. or overseas, instead begin with two pairs of FBI JTTF handcuffs and court appearances in lower Manhattan. Our goal is to interdict violence before it occurs, and once again I commend the work of the FBI-NYPD Joint Terrorism Task Force personnel who work 24/7 to keep their fellow citizens safe."
NYPD Commissioner Dermot Shea said: “James Bradley and his wife Arwa Muthana’s alleged determination to join ISIS and carry out terrorism against Americans overseas or here in New York is well documented in this multi-year investigation. It is yet another example of the effectiveness of the undercover operatives, detectives and analysts of the NYPD’s Intelligence Bureau working in seamless coordination with our partners at the FBI and the Joint Terrorism Task Force.”
As alleged in the Complaint filed in Manhattan federal court[1]:
BRADLEY and MUTHANA are ISIS supporters who attempted to travel to the Middle East to join and fight for ISIS. Since at least 2019, BRADLEY has expressed violent extremist views, including his desire to support ISIS by traveling overseas to join the group or committing a terrorist attack in the United States. In May 2020, BRADLEY stated to an undercover law enforcement officer (“UC-1”) that he believed that ISIS may be good for Muslims because ISIS was establishing a caliphate.[2] BRADLEY further expressed his desire to conduct a terrorist attack in the United States and discussed potentially seeking to attack the United States Military Academy in West Point, New York. BRADLEY explained that if he could not leave the United States because he might be on a terrorism watch list, he would do “something” in the United States instead, referring to carrying out an attack.
In June 2020, BRADLEY stated to UC-1 that his plan to attack a military base was something he really wanted to do and that it would be his contribution to the cause of jihad. In January 2021, BRADLEY mentioned to UC-1 another university in New York State where he frequently saw Reserve Officer Training Corps (“ROTC”) cadets training. BRADLEY stated that he could use his truck in an attack, and that he along with MUTHANA could take all of the ROTC cadets “out.”
In late January 2021, BRADLEY married MUTHANA in an Islamic marriage ceremony. Beginning before and continuing after their marriage, BRADLEY and MUTHANA discussed, planned, and ultimately attempted to travel to the Middle East together in order to join and fight with ISIS. In or about early March 2021, BRADLEY traveled from New York to Alabama to visit MUTHANA. BRADLEY and MUTHANA subsequently traveled together to New York in order to begin their journey to join ISIS. Thereafter, BRADLEY raised the possibility of UC-1 helping BRADLEY and MUTHANA get on a cargo ship to travel to Asia or Africa for the purpose of ultimately joining and fighting for ISIS. UC-1 subsequently put BRADLEY in contact with a purported associate who could assist BRADLEY in making arrangements for BRADLEY and MUTHANA to travel to the Middle East via cargo ship. In reality, the purported facilitator was a law enforcement officer acting in an undercover capacity (“UC-2”).
Later in March 2021, BRADLEY met with UC-2 and expressed his desire to travel via cargo ship and to “fight among the rank[s] of the Islamic State.” In a subsequent meeting with UC-2, BRADLEY provided UC-2 $1,000 in cash as travel costs for BRADLEY and MUTHANA to take a cargo ship to Yemen. BRADLEY told UC-2 that he and MUTHANA both planned to be “fighting” after arriving in the Middle East. BRADLEY also told UC-2 that he had a dream that he had given “bay’ah,” an Arabic term meaning the oath of allegiance, to Abu Ibrahim al-hashimi al-Qurashi, the current leader of ISIS.
On March 25, 2021, UC-2 told BRADLEY that the cargo ship would be leaving on Wednesday, March 31, from a seaport in Newark, New Jersey. BRADLEY praised Allah and confirmed he and MUTHANA planned to travel on the ship.
On March 31, 2021, BRADLEY and MUTHANA met with UC-2 en route to the seaport. During the course of this meeting, MUTHANA confirmed to UC-2 that she was traveling to the Middle East to fight for ISIS. BRADLEY and MUTHANA were arrested as they walked on a gangplank to board the cargo ship. After MUTHANA was arrested, she waived her Miranda rights and stated during an interview that she was willing to fight and kill Americans if it was for Allah. Also on March 31, 2021, in connection with a court-authorized search, the FBI seized from a bedroom previously used by BRADLEY what appears to be a hand-drawn image of a jihadi flag commonly used by ISIS and a hand-drawn map of the Pakistan region.
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BRADLEY, 20, of the Bronx, New York, and MUTHANA, 29, of Hoover, Alabama, are charged with (1) one count of attempting to provide material support to a designated foreign terrorist organization, which carries a maximum sentence of 20 years in prison, and (2) one count of conspiring to provide material support to a designated foreign terrorist organization, which also carries a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Ms. Strauss praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the NYPD, and over 50 other federal, state, and local agencies; the NYPD’s Intelligence Division; and U.S. Customs and Border Protection New York Field Office Director of Field Operations (DFO) Marty C. Raybon. Ms. Strauss also thanked the Counterterrorism Section of the Department of Justice’s National Security Division, as well as the FBI’s Birmingham, Alabama Field Office, and the U.S. Attorney’s Office for the Northern District of Alabama.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Andrew J. DeFilippis and Jason A. Richman are in charge of the prosecution, with assistance from Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described herein should be treated as an allegation.
[2] Communications, conversations, and statements discussed herein are described in substance and in part.
New Orleans Tax Preparer Sentenced to Four Years of Probation for Filing False IRS ReturnRead the Press Release
NEW ORLEANS – DANIELLE FRANKLIN, age 29, and a resident of New Orleans, Louisiana, was sentenced by United States District Court Judge Eldon E. Fallon to four years of probation for assisting in the preparation of a fraudulent tax return, announced U.S. Attorney Duane A. Evans of the Eastern District of Louisiana.
As charged in the indictment, FRANKLIN prepared a false tax return in 2014 for a client of Cutting Edge Income Tax, located on Airline Drive in Metairie, Louisiana. As part of the scheme, FRANKLIN allegedly falsified the return by including fraudulent business losses when in fact the customer had zero losses and expenses. In the Factual Basis that supported the guilty plea, FRANKLIN also admitted to other relevant conduct, which included preparing at least thirty-one (31) false U.S. Individual Income Tax Returns, Forms 1040 for her customers from 2013 through 2016. These fraudulent tax filings caused a tax loss to the United States in the amount of $215,296.43. In addition, FRANKLIN’s 2013, 2014, 2015 and 2016 U.S. Individual/Joint Tax Returns, which were prepared and signed by defendant and filed with the IRS, claimed reported inflated withholdings and/or false estimated tax payments. These material misstatements caused an additional tax loss to the United States in the amount of $14,277.00.
In addition to probation, FRANKLIN was also ordered to pay restitution to the IRS in the amount of $229,573.00.
U.S. Attorney Evans commended the special agents of IRS-Criminal Investigation for their handling of the matter. The case was prosecuted by Assistant United States Attorney Edward J. Rivera.
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New Orleans Man Admits to Possession of Firearm in Furtherance of Drug DealingRead the Press Release
NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced that ASHONTI HALL, 30, of New Orleans, Louisiana, pleaded guilty on March 31, 2021 to possessing a firearm in furtherance of a drug trafficking crime before United States District Judge Sarah S. Vance.
In October 2019, HALL was indicted for possessing heroin, cocaine base, cocaine hydrochloride, and marijuana with the intent to distribute, being a felon in possession of a firearm, and possessing a firearm in furtherance of drug trafficking.
Court documents show that as part of his plea, HALL admitted that he fled from New Orleans Police Department Officers who were investigating HALL for a shooting that occurred the previous day. The police caught HALL and found him in possession of a backpack that contained several different types of drugs, scales, cash, and a loaded gun.
Sentencing is set for August 4, 2021 before District Judge Vance. HALL faces a sentence of at least five years imprisonment up to life, a $250,000 fine, five years supervised release following any term of imprisonment, and a $100 special assessment fee.
U. S. Attorney Evans praised the work of the New Orleans Police Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Drug Enforcement Administration in investigating this matter. The case is being prosecuted by Assistant United States Attorney David Haller.
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New Orleans Man Admits Conspiring to Deal HeroinRead the Press Release
NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced that ALLEN ROBRTSON, 32, of New Orleans, Louisiana, pleaded guilty on March 31, 2021 before United States District Judge Sarah S. Vance to conspiring to distribute and to possess with the intent to distribute 100 grams or more of heroin.
In November 2019, ROBERTSON was indicted along with numerous other defendants for conspiring to distribute heroin. Court documents show that as part of his plea, ROBERTSON admitted that he was intercepted on wiretaps purchasing heroin and that police found heroin and heroin distribution paraphernalia when he was arrested.
Sentencing is set for August 4, 2021 before District Judge Vance. ROBERTSON faces a sentence of at least five years imprisonment up to forty years, up to a $5,000,000 fine, at least four years supervised release following any term of imprisonment, and a $100 special assessment fee.
U. S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. The case is being prosecuted by Assistant United States Attorney David Haller.
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McHenry Man Pleads Guilty to Transporting Child PornographyRead the Press Release
Gulfport, Miss. – Dexter Kimsey, 25, of McHenry, pled guilty yesterday before U.S. District Louis Guirola, Jr., to transporting images of minors engaging in sexually explicit conduct, announced Acting U.S. Attorney Darren J. LaMarca and Jack P. Stanton, Acting Special Agent in Charge of Homeland Security Investigations (HSI) in New Orleans.
In June 2019, HSI Gulfport and the Stone County Sheriff’s Office executed a state search warrant at a McHenry residence where electronic devices belonging to Dexter Kimsey were recovered. Kimsey’s on-line account and cell phone were found to contain still and video format child exploitation visual depictions.
Kimsey was indicted by a federal grand jury on June 23, 2020. He will be sentenced by Judge Guirola on June 30, 2021 at 1:30 p.m., and faces a minimum of five years and a maximum of twenty years in prison, and a maximum fine of $250,000.
The case was investigated by Homeland Security Investigations and the Stone County Sheriff’s Office. It was prosecuted by Assistant U.S. Attorney Andrea Jones.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
Marshall County man admits to firearms chargesRead the Press Release
WHEELING, WEST VIRGINIA – Junior Watts, of McMechen, West Virginia, has admitted today to firearm charges, Acting United States Attorney Randolph J. Bernard announced.
Watts, 37, pleaded guilty today to one count of “Theft of a Firearm” and one count of “Unlawful Possession of Ammunition.” Watts admitted to stealing a semi-automatic pistol from a licensed firearms dealer in Ohio County in July 2020. Watts, a person prohibited from having firearms because of a prior conviction, also admitted to having 49 rounds of ammunition in July 2020 in Ohio County.
Watts is facing up to 5 years of incarceration and a fine of up to $250,000 for the theft charge, and faces up 10 years of incarceration and a fine of up to $250,000 for the firearms charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney David J. Perri is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms & Explosives and the Wheeling Police Department investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Marion County man sentenced for firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Samuel Iaquinta, Jr., of Fairmont, West Virginia, was sentenced today to 84 months of incarceration for a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
Iaquinta, age 47, pled guilty to one count of “Unlawful Possession of Firearm” in October 2020. Iaquinta, a person prohibited from having a firearm because of a previous felony conviction, admitted to having a 9mm pistol in Marion County in March 2020.
Assistant U.S. Attorney Sara E. Wagner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fairmont Police Department investigated.
U.S. District Judge Thomas S. Kleeh presided.
Marion County man sentenced for firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Willie Edward Robinson, Jr., of Fairmont, West Virginia, was sentenced today to 24 months of incarceration for a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
Robinson, 63, pled guilty to one count of “Unlawful Possession of Firearm” in November 2020. Robinson, who is prohibited from having a firearm because of a previous conviction, admitted to having a 410 gauge shotgun and a 12 gauge shotgun in February 2019 in Marion County.
Assistant U.S. Attorney Sarah E. Wagner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fairmont Police Department investigated.
U.S. District Judge Thomas S. Kleeh presided.
Man and Woman Charged with Attempting and Conspiring to Provide Material Support to ISISRead the Press Release
Note: A full copy of the complaint can be found
here.WASHINGTON – A New York man and Alabama woman were arrested yesterday at a seaport in Newark, New Jersey on criminal charges related to their alleged attempt to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and Al-Sham (ISIS).
According to court documents, James Bradley, 20, of the Bronx, New York, and Arwa Muthana, 29, of Hoover, Alabama, are ISIS supporters who attempted to travel to the Middle East to join and fight for ISIS. As alleged in the complaint, Bradley has expressed his support for ISIS and his desire to join the group overseas or commit a terrorist attack in the United States. Bradley and his wife, who has also expressed her support for ISIS, were arrested while attempting to travel together by cargo ship to the Middle East to join and fight for ISIS. Bradley and Muthana were presented before U.S. Magistrate Judge Debra Freeman in Manhattan federal court today.
“As alleged, the defendants planned to travel overseas to join and support ISIS,” said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. “The threat of terrorism at home and abroad remains, and the National Security Division is committed to holding accountable those who would provide material support to foreign terrorist organizations. I want to thank the agents, analysts, and prosecutors who are responsible for this case.”
“James Bradley allegedly pledged devout allegiance to ISIS, expressing his desire to ‘fight among the rank[s] for the Islamic State.’ Suspecting he may be unable to travel, Bradley instead allegedly discussed conducting terrorist attacks along with his wife, Arwa Muthana, also an ISIS supporter, against the US Military Academy at West Point or another area university where Bradley knew military recruits to be training,” said U.S. Attorney Audrey Strauss for the Southern District of New York. “But in an alleged attempt to evade the watchful eye of law enforcement, the two ultimately planned to travel to Yemen by cargo ship to fulfill their wish to fight with the terrorist organization. As Bradley suspected, he and his wife were indeed on law enforcement’s radar – he was confiding in and planning their journey for terror with an undercover officer – and their plans to wage attacks against the United States have been thwarted.”
“Today’s announcement underscores the commitment of the FBI and its JTTF partners that anyone who chooses to turn their backs on the United States of America in support of ISIS and its violent agenda will be held accountable,” said Assistant Director Jill Sanborn of the FBI’s Counterterrorism Division. “The charges alleged that both defendants were attempting to travel overseas to join and fight for ISIS and one even expressed desire to commit a terrorist attack on U.S. soil. In doing so, both are accused of betraying this country and will now face the consequences of these actions in the U.S. justice system.”
“Like others who followed a similar path before them, Mr. Bradley and his wife Mrs. Muthana have now learned their alleged attempts to fight on behalf of ISIS, inside the U.S. or overseas, instead begin with two pairs of FBI JTTF handcuffs and court appearances in lower Manhattan,” said Assistant Director-in-Charge William F. Sweeney Jr. for the FBI New York Field Office. “Our goal is to interdict violence before it occurs, and once again I commend the work of the FBI-NYPD Joint Terrorism Task Force personnel who work 24/7 to keep their fellow citizens safe."
“James Bradley and his wife Arwa Muthana’s alleged determination to join ISIS and carry out terrorism against Americans overseas or here in New York is well documented in this multi-year investigation. It is yet another example of the effectiveness of the undercover operatives, detectives and analysts of the NYPD’s Intelligence Bureau working in seamless coordination with our partners at the FBI and the Joint Terrorism Task Force,” said Commissioner Dermot Shea of the New York Police Department.
Bradley and Muthana are charged with one count of attempting to provide material support to a designated foreign terrorist organization, which carries a maximum sentence of 20 years in prison; and one count of conspiring to provide material support to a designated foreign terrorist organization, which also carries a maximum sentence of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Since at least 2019, Bradley has expressed violent extremist views, including his desire to support ISIS by traveling overseas to join the group or committing a terrorist attack in the United States. In May 2020, Bradley stated to an undercover law enforcement officer (UC-1) that he believed that ISIS may be good for Muslims because ISIS was establishing a caliphate. Bradley further expressed his desire to conduct a terrorist attack in the United States and discussed potentially seeking to attack the United States Military Academy in West Point, New York. Bradley explained that if he could not leave the United States because he might be on a terrorism watch list, he would do “something” in the United States instead, referring to carrying out an attack.
In June 2020, Bradley stated to UC-1 that his plan to attack a military base was something he really wanted to do and that it would be his contribution to the cause of jihad. In January 2021, Bradley mentioned to UC-1 another university in New York State where he frequently saw Reserve Officer Training Corps (ROTC) cadets training. Bradley stated that he could use his truck in an attack, and that he along with Muthana could take all of the ROTC cadets “out.”
In late January 2021, Bradley married Muthana in an Islamic marriage ceremony. Beginning before and continuing after their marriage, Bradley and Muthana discussed, planned, and ultimately attempted to travel to the Middle East together in order to join and fight with ISIS. In or about early March 2021, Bradley traveled from New York to Alabama to visit Muthana. Bradley and Muthana subsequently traveled together to New York in order to begin their journey to join ISIS. Thereafter, Bradley raised the possibility of UC-1 helping Bradley and Muthana get on a cargo ship to travel to Asia or Africa for the purpose of ultimately joining and fighting for ISIS. UC-1 subsequently put Bradley in contact with a purported associate who could assist Bradley in making arrangements for Bradley and Muthana to travel to the Middle East via cargo ship. In reality, the purported facilitator was a law enforcement officer acting in an undercover capacity (UC-2).
Later in March 2021, Bradley met with UC-2 and expressed his desire to travel via cargo ship and to “fight among the rank[s] of the Islamic State.” In a subsequent meeting with UC-2, Bradley provided UC-2 $1,000 in cash as travel costs for Bradley and Muthana to take a cargo ship to Yemen. Bradley told UC-2 that he and Muthana both planned to be “fighting” after arriving in the Middle East. Bradley also told UC-2 that he had a dream that he had given “bay’ah,” an Arabic term meaning the oath of allegiance, to Abu Ibrahim al-hashimi al-Qurashi, the current leader of ISIS.
On March 25, 2021, UC-2 told Bradley that the cargo ship would be leaving on Wednesday, March 31, from a seaport in Newark, New Jersey. Bradley praised Allah and confirmed he and Muthana planned to travel on the ship.
On March 31, 2021, Bradley and Muthana met with UC-2 en route to the seaport. During the course of this meeting, Muthana confirmed to UC-2 that she was traveling to the Middle East to fight for ISIS. Bradley and Muthana were arrested as they walked on a gangplank to board the cargo ship. After Muthana was arrested, she waived her Miranda rights and stated during an interview that she was willing to fight and kill Americans if it was for Allah. Also on March 31, 2021, in connection with a court-authorized search, the FBI seized from a bedroom previously used by Bradley what appears to be a hand-drawn image of a jihadi flag commonly used by ISIS and a hand-drawn map of the Pakistan region.
U.S. Attorney Strauss praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, HIS, the NYPD and over 50 other federal, state and local agencies; the NYPD’s Intelligence Division; and U.S. Customs and Border Patrol New York Field Office Director of Field Operations (DFO) Marty C. Raybon. Ms. Strauss also thanked the Counterterrorism Section of the Department of Justice’s National Security Division, as well as the FBI’s Birmingham, Alabama Field Office, and the U.S. Attorney’s Office for the Northern District of Alabama.
Assistant U.S. Attorneys Andrew J. DeFilippis and Jason A. Richman of the Terrorism and International Narcotics Unit are prosecuting the case with the assistance of Trial Attorneys Jennifer Burke and Andrew Sigler of the National Security Division’s Counterterrorism Section.
A complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Man Sentenced to 35 Years for Sexual Exploitation of a ChildRead the Press Release
A former executive director for a university’s donor relations and fundraising programs in New York was sentenced today to 35 years in prison for multiple child pornography crimes, including his participation in the sexual abuse of a 6-year-old.
According to court documents, on July 22, 2015, Scott Lane, 37, of New York, New York, and others were on a particular video-conferencing platform when a man in Pennsylvania, co-conspirator William Augusta, began sexually abusing a 6-year-old boy. Lane and others encouraged Augusta to sexually abuse the boy for everyone to watch live. Specifically, Lane, using the alias “NYC Perv,” instructed Augusta to “make out with him,” and further instructed Augusta to engage in specific sexual acts with the boy. An undercover Toronto Police detective constable observed the sexual abuse via the video-conferencing platform, and the following day, law enforcement rescued the child and arrested Augusta, who had been sexually abusing the child for approximately two years. A subsequent search of Lane’s electronic devices revealed that Lane possessed multiple videos of prepubescent child pornography.
“The successful prosecution of the 15 individuals in this case, many of whom were responsible for the reprehensible sexual abuse of a 6-year-old child on a live-streaming, video-conferencing platform, demonstrate the Department of Justice’s unwavering commitment to targeting dangerous sexual abusers of children, however they commit their crimes,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “We will continue to work closely with our domestic and foreign law enforcement partners to identify, prosecute, and hold accountable those who exploit children, no matter the technological means they use to commit their heinous crimes.”
“This defendant and his co-conspirators engaged in truly hideous behavior toward a child,” said Acting U.S. Attorney Bruce D. Brandler of the Middle District of Pennsylvania. “The lengthy sentence imposed today, and the lengthy sentences imposed earlier, reflect our office’s commitment to protecting vulnerable victims and punishing individuals who engage in this type of abhorrent behavior. I want to thank all the prosecutors and law enforcement agents who worked tirelessly to make sure justice was served in this case.”
“Today’s sentence demonstrates the severity of the crimes committed in this case,” said Special Agent in Charge Brian A. Michael for Homeland Security Investigations (HSI) Philadelphia. “The defendant perpetuated unspeakable crimes against the most vulnerable of victims, a child. Homeland Security Investigations and our law enforcement partners are devoted to identifying, investigating, and prosecuting offenders like the defendant ensuring they will never harm another child. We hope today’s sentencing can bring some solace to the victim in their recovery.”
In May 2016, 15 individuals were charged in an 18-count superseding indictment by a grand jury in the Middle District of Pennsylvania with multiple child exploitation offenses, many of which related to 14 co-conspirators’ involvement in using the video-conferencing website to produce, advertise, distribute, and/or receive child pornography. Twelve of the defendants pleaded guilty prior to trial, and two went to trial in January 2018. The defendants were sentenced to between six and a half years and 60 years. One defendant died after pleading guilty but before sentencing, and another defendant died before trial.
Lane pleaded guilty to six counts of child pornography crimes on Jan. 11, 2018, including conspiracy to produce and production of child pornography. In addition to the prison sentence, he was ordered to serve 15 years of supervised release and to pay $50,000 of restitution to the then-6-year-old victim as well as $476.95 to another victim.
HSI Philadelphia, the Toronto Police Service, the Kentucky Attorney General’s Office, and the North Middleton Police Department investigated the case, with assistance from the Criminal Division’s Child Exploitation and Obscenity Section’s (CEOS) High Technology Investigative Unit.
CEOS Trial Attorney Austin M. Berry and Assistant U.S. Attorney Scott Ford of the Middle District of Pennsylvania prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Man Faces First Degree Murder Charge for a 2005 Triple HomicideRead the Press Release
A man previously convicted in state court of a 2005 triple homicide appeared by video conference at a preliminary hearing today in federal court, said Acting U.S. Attorney Clint Johnson.
“Clarance Goode Jr. has been charged for the 2005 murders of Tara Burchett-Thompson, her daughter Kayla, and Mitch Thompson in Owasso,” said Acting U.S. Attorney Clint Johnson. “My office is working diligently to ensure that violent criminals are held accountable in light of recent jurisdictional court decisions, and we will do so again in this case. Assistant U.S. Attorney Dennis Fries, who has more than 35 years of experience bringing violent offenders to justice, will lead the prosecution on behalf of the victims and their families.”
Clarance Rozell Goode Jr., also known as “C-Note,” 44, has been charged with murder in the first degree in Indian Country. Goode’s state conviction was overturned in March based on the Oklahoma Court of Criminal Appeals’ ruling recognizing the Cherokee Nation Reservation had never been disestablished and that crimes occurring on the reservation involving Native American victims or defendants fall under federal and tribal jurisdiction.
Based on evidence presented in the criminal complaint and affidavit, U.S. Magistrate Judge Jodi F. Jane found probable cause to continue to trial and ordered Goode Jr. be held in custody as the case proceeds in federal court.
According to court documents, Goode Jr., along with accomplices Ronald Dwayne Thompson and Kenneth Dominick Johnson entered an Owasso residence and shot and killed the three victims on Aug. 25, 2005. Mitch Thompson and Tara Burchette-Thompson were asleep in the master bedroom, and 10-year-old Kyla Burchett was asleep on a pallet next to their bed when the murders occurred. The child’s primary residence was with her grandparents but had convinced them to let her stay at her mother’s home that night.
The next morning, Kayla Burchett’s grandmother went to the residence to pick up the young girl, discovered the victims and contacted authorities. At the crime scene, multiple 9 mm and .357 Sig Sauer spent cartridges were located in the master bedroom. Other smaller diameter apparent bullet holes were found in the bedroom wall.
During the investigation, authorities discovered an alleged inter-familial dispute, which involved attacks with baseball bats, occurring between the victim Mitch Thompson and Ronald Thompson. Witnesses reported hearing threats made by Ronald Thompson and Clarance Goode Jr. to “even the score” during those attacks, other harassment, and drug transactions.
Tulsa Police officers located Thompson, who allegedly named Goode Jr. and Kenneth Johnson as coconspirators. During an interview, Thompson stated that he went to another room in the house initially until he heard the gun shots and a scream. He stated that he entered the master bedroom where Goode Jr. ordered him, at gunpoint, to fire his weapon, but he claimed he didn’t aim at the victims. Goode Jr. also allegedly told his girlfriend about the killings and told her to “watch the television” if she didn’t believe him.
The FBI is the lead investigative agency in cooperation with the Owasso Police Department, who was the primary investigating department at the time of the crime. Assistant U.S. Attorney Dennis A. Fries is prosecuting the case.
This matter will proceed in U.S. District Court in Tulsa, where the criminal complaint is currently pending. A complaint is a temporary charge alleging a violation of law. For the case to proceed to trial, the United States must present the charge to a federal grand jury within 30 days. Once a grand jury returns an indictment, a defendant has a right to a jury trial at which the United States would have the burden of proving the defendant’s guilt beyond a reasonable doubt. All defendants are presumed innocent until proven guilty in a court of law.
Macy Man Convicted of Assault Resulting in Serious Bodily InjuryRead the Press Release
Acting United States Attorney Jan Sharp announced that Taylor Grant, 34, of Macy, Nebraska, was found guilty on March 31, 2021, following a three-day jury trial in federal court in Omaha for Assault Resulting in Serious Bodily Injury. The Honorable Robert F. Rossiter, Jr., scheduled Grant’s sentencing for June 25, 2021, at 2:30 p.m. Grant faces up to ten years in prison.
In June 2020, an officer with the Omaha Nation Law Enforcement Services responding to a report of an assault located the victim walking in the road in Macy. The victim was nearly unrecognizable due to facial swelling and the severity of her injuries. She was taken to the hospital where she eventually received surgery to repair a broken jaw. The victim reported that she had been assaulted by Taylor Grant during the previous night and that he would not let her leave to get help. Police were unable to locate Grant for approximately one month. When taken into custody, Grant told an FBI agent that he had not assaulted the victim but had seen her injuries and believed he would be blamed so he went to Sioux City and stayed in a motel.
This case was investigated by the Omaha Nation Law Enforcement Services and the Federal Bureau of Investigation.
Methamphetamine Distributors Sentenced for a Drug ConspiracyRead the Press Release
Acting United States Attorney Bob Murray announced today that the United States District Court for the District of Wyoming has sentenced eight defendants charged in a drug distribution case. RAYMOND ARTHUR CARNAHAN, KELLY MILES FINNESSEY, TERRY WILLIAM CLIFFORD, CODY LEE SHUCK, ANTONIO CORTES SAEZ, HEATHER RAE THOMAS, QUINTON MICHAEL CASE, and JENNIFER ANN MOSS were all convicted and sentenced related to their involvement in a conspiracy to distribute methamphetamine.
Around September 2019, the Wyoming Division of Criminal Investigation (DCI) began receiving intelligence that Carnahan was distributing methamphetamine in the Gillette, Wyoming area. DCI Agents learned Carnahan’s source of supply was in either Colorado or Arizona. Based on this intelligence, agents determined Carnahan would travel to Denver, Colorado, or Phoenix, Arizona, to meet with his methamphetamine source. Carnahan would then bring the methamphetamine back to Gillette, Wyoming, for distribution.
To effect distribution, Carnahan relied on other individuals, including his co-defendants but excluding Finnessey, to distribute smaller quantities of methamphetamine throughout the community. Carnahan then used the proceeds of these smaller sales to purchase additional methamphetamine from his source of supply.
On January 28, 2019, after a high-speed chase with Carnahan, law enforcement recovered twelve, one-pound bricks of methamphetamine.
Through further investigation, DCI identified Carnahan’s source of supply as Finnessey of Colorado.
Ultimately, the United States Attorney’s Office for the District of Wyoming prosecuted eight individuals involved in the scheme, including: Carnahan, sentenced to 200 months imprisonment; Finnessey, sentenced to 168 months imprisonment; Clifford, sentenced to 200 months imprisonment; Shuck, sentenced to 120 months imprisonment; Saez, sentenced to 121 months imprisonment; Thomas, sentenced to 97 months imprisonment; Case, sentenced to 130 months imprisonment; and Moss, sentenced to 169 months imprisonment.
"Methamphetamine continues to be Wyoming’s number one drug problem. This office’s concern is not only for the users who struggle daily with addiction, but also for their family and friends. Especially children living with a meth-addicted parent who are often neglected and subjected to dangerous, unpredictable conditions," said Acting United States Attorney Bob Murray. "Our strategy is to reduce the availability of methamphetamine throughout Wyoming by using a prosecutor-led, multi-agency approach to combat drug trafficking. We do this by targeting suspicious activity, using top-notch investigative work and tips from the local community."
"The Wyoming Division of Criminal Investigation (DCI) uses the force multiplier of the statewide drug task forces to combat illegal narcotics distribution in our local communities. This case is a prime example of how effective these task forces can be when local, state, and federal partners work together towards a common goal," said Matt Waldock, DCI Region 1 Commander. "Drug traffickers exploit individuals with addictions, which leads to increases in other crimes within our communities. DCI remains committed to the enforcement of those who choose to profit from these addictions."
This crime was investigated by DCI, Campbell County Sheriff’s Office, and Gillette Police Department. The United States was represented initially by Assistant United States Attorney Stuart Healy, who left the case after receiving a Wyoming judicial appointment, and later by Assistant United States Attorney Jonathan Coppom.
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