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30 March 2021
Boyle County Man Sentenced to 27 Years for Distribution of Child PornographyRead the Press Release
LEXINGTON, Ky. – A Perryville, Ky., man, Kenneth Ray Cook, 42, was sentenced on Tuesday to 324 months in federal prison, by U.S. District Judge Karen Caldwell, following his conviction for distribution of child pornography.
According to his plea agreement, on August 28, 2019, Cook admitted to intentionally uploading images of child pornography on the Internet. Additionally, Cook’s distribution and possession of child pornography involved 600 or more images, including eight videos or similar visual depictions. Cook had a prior qualifying conviction, further enhancing his sentence.
Cook pleaded guilty to the charge in October 2020.
Under federal law, Cook must serve 85 percent of his prison sentences. Cook will be under the supervision of the U.S. Probation Office for life, following his release.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Jerry Templet, Special Agent in Charge of Homeland Security Investigations (HSI); and Lt. Colonel Phillip Burnett, Acting Commissioner of the Kentucky State Police; jointly announced the sentence.
The investigation was conducted by the DHS-HSI and KSP. The United States was represented by Assistant U.S. Attorneys David Marye and James Chapman.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Blaine Man Charged with Illegal Possession of Firearms and AmmunitionRead the Press Release
Acting United States Attorney W. Anders Folk today announced a federal criminal complaint charging THOMAS WILDER MOSELEY, 29, with illegal possession of firearms and ammunition. MOSELEY will make his initial appearance on March 31, 2021, before Magistrate Judge Becky Thorson in U.S. District Court.
According to the allegations in the criminal complaint, on August 15, 2020, a protest took place at the Minneapolis Police Department’s 5th Precinct building in south Minneapolis. The event became violent and destructive when individuals began throwing rocks and other objects, breaking windows, firing mortar-type fireworks at the building and at officers stationed on the roof, spray painting the building, and using paint to obscure the video surveillance cameras. After reviewing video surveillance footage, investigators were able to identify MOSELEY as one of the individuals who was spray painting the front windows of the building. The building sustained several thousand dollars’ worth of damages a result of the incident.
According to the allegations in the criminal complaint, on October 15, 2020, MOSELEY was present inside the Hennepin County Government Center where protesters had gathered during a court appearance for the four former Minneapolis police officers charged in the death of George Floyd. Hennepin County Sheriff’s Deputies arrested MOSELEY on probable cause based on his involvement in the August 15 incident. At the time of his arrest, MOSELEY was carrying a loaded handgun. MOSELEY was subsequently charged in Hennepin County District Court with possessing a dangerous weapon within a courthouse complex, a felony.
According to the allegations in the criminal complaint, following MOSELEY’s arrest, Minneapolis Police officers executed a search warrant at MOSELEY’s residence in Blaine, Minnesota, and recovered two firearms, more than 1,400 rounds of ammunition, 96 grams of marijuana, and other drug paraphernalia. Officers also obtained a search warrant for MOSELEY’s Toyota Tacoma, which was parked in downtown Minneapolis near the Government Center. Among other things, officers recovered from the vehicle five firearms, a large amount of ammunition, a hatchet, a crowbar, gas masks, and controlled substances, including marijuana, psychedelic mushrooms, and cocaine.
According to the allegations in the criminal complaint, while investigating MOSELEY for criminal damage to property at the 5th Precinct, officers observed on several occasions MOESLEY smoking marijuana. Following MOSELEY’s arrest on October 15, he was booked and held at the Hennepin County jail, where personnel ordered that he be given a bottom bunk for the first seven days due to “unknown medical” precautions and drug withdrawal symptoms.
This case is the result of an investigation conducted by the Minneapolis Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
This case is being prosecuted by Assistant U.S. Attorney Amber M. Brennan.
The charges contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defendant Information:
THOMAS WILDER MOSELEY, 29
Blaine, Minn.
Charges:
- Possessing firearms and ammunition while being an unlawful user of, and addicted to, controlled substances, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Attorney and Real Estate Developer Sentenced for Fraud ChargesRead the Press Release
BOSTON – A Nantucket man who is a real estate developer and attorney was sentenced today in federal court in Worcester in connection with a $2.3 million fraud scheme relating to the redevelopment of a multi-family property in Worcester.
James E. Levin, 62, formerly of Natick and now living on Nantucket, was sentenced by U.S. District Court Judge Timothy S. Hillman to 37 months in prison, three years of supervised release and ordered to pay restitution and forfeiture to be determined at a later date. In Sept. 2020, Levin pleaded guilty to conspiracy to commit wire fraud, wire fraud, conspiracy to defraud the United States and false claims.
From July 2010 to September 2011, Levin, as the manager of 5 May Street Apartments, LLC, applied for and obtained federal funds from the U.S. Department of Housing and Urban Development (HUD), through the City of Worcester, to rehabilitate a multi-unit apartment building at 5 May Street in Worcester. Since the City of Worcester distributes grant funds on behalf of HUD and the Massachusetts Department of Housing and Community Development, Levin submitted seven payment requests to the City for work he fraudulently claimed he completed on the building and associated costs. Despite not completing the work he claimed in the payment requests, Levin obtained over $2.3 million in funds for the 5 May Street project, which the City of Worcester was required to pay back to the government.
Acting United States Attorney Nathaniel R. Mendell; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of the Inspector General, Northeast Regional Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett of Mendell’s Springfield Branch Office and Assistant U.S. Attorney Danial E. Bennett of Mendell’s Worcester Branch Office prosecuted the case.
Assistant Commissioner of NYC Probation Department Pleads Guilty to Child Pornography OffensesRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Robert Costello, 53, of Bethlehem, PA, entered a plea of guilty before United States District Court Judge Joseph F. Leeson, Jr., to all five counts of child pornography offenses with which he was charged last month.
In February 2021, Costello was charged by Indictment with three counts of receipt of child pornography, one count of access with intent to view child pornography, and one count of possession of child pornography. The defendant admitted to receiving sexually explicit images of children over the Internet and possessing thousands of sexually explicit images and videos of children on several devices that he kept and stored at his residence. During the time that he committed these crimes, Costello was employed as Assistant Commissioner of the New York City Department of Probation.
“Robert Costello possessed and viewed visual depictions of the sexual exploitation of children, images that cause lasting harm to real, innocent victims,” said Acting U.S. Attorney Williams. “As an Assistant Commissioner working for the City of New York, the defendant held a position of trust and leadership – which we now know was woefully misplaced. Our Office will continue to work with our law enforcement partners in all jurisdictions to investigate and prosecute child sexual exploitation offenses.”
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. Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The defendant faces a maximum possible sentence of 90 years’ incarceration with mandatory minimum sentence of five years’ imprisonment, five years up to a lifetime of supervised release, and up to a $1,250,000 fine.
The case was investigated by the Department of Homeland Security Investigations and Bethlehem Township Police Department, and is being prosecuted by Assistant United States Attorneys Francis A. Weber and Kelly Harrell, and Department of Justice Trial Attorney Jessica Urban of the Child Exploitation and Obscenity Section (CEOS).
Armed Standoff in Everglades National Park Leads to Federal Attempted Murder and Firearms Charges Against Miami ManRead the Press Release
Miami, Florida -- South Florida federal prosecutors have charged 37-year-old Drew Curtis Sikes with attempting to kill an officer of the United States and with a federal gun crime after an armed standoff in Everglades National Park on Sunday.
According to allegations in a criminal complaint affidavit, on March 28, 2021, Sikes shot several rounds from an AK-47 semi-automatic rifle at law enforcement officers who were attempting to get Sikes out of a wooded area inside Everglades National Park. It is alleged that Sikes had been involved in an altercation at the Park earlier that day and that law enforcement officers were responding to a call reporting the alleged incident. Sikes was not at the location of the reported altercation when officers arrived. After some initial investigating, which included observing scrapes and marks on the face of Sikes’s alleged victim, officers searched for Sikes along highway 9336, between the Mahogany Hammocks and Flamingo Park sections of Everglades National Park.
When officers arrived in marked police vehicles to the wooded area where they believed Sikes to be, they used a loudspeaker to convey information and commands to Sikes: They identified themselves as law enforcement and directed Sikes to exit the woods. At that point, according to the complaint affidavit, officers heard gunfire and felt rounds traveling over their heads. Despite officers’ continued commands that Sikes cease fire and emerge from the woods, Sikes continued shooting, says the affidavit. Law enforcement officers negotiated for over an hour with Sikes, who eventually emerged from the woods and was arrested, according to the allegations.
Sikes is scheduled to make his initial court appearance today, March 30, 2021, in federal magistrate court in Miami.
Juan Antonio “Tony” Gonzalez, Acting U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI, Miami Field Office, and Christopher Smith, Special Agent in Charge, National Park Service, made the announcement.
FBI Miami and the National Park Service are investigating this case. Miami Dade Police Department provided assistance. Assistant U.S. Attorney Manolo Reboso is prosecuting this case.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at https://www.justice.gov/usao-sdfl.
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-mj-02597.
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Albuquerque tax preparer charged with fraudulent returnsRead the Press Release
ALBUQUERQUE, N.M. – Solomon Gbara, 47, of Albuquerque, was arraigned in federal court today, on a 13-count indictment for aiding and assisting in the preparation and presentation of false and fraudulent income tax returns. A federal grand jury indicted Gbara on March 12.
According to the indictment, from Feb. 10, 2015, through March 13, 2017, Gbara allegedly assisted in the preparation and presentation of individual income tax returns (IRS Form 1040) that included claims Gbara knew were false. These misrepresentations included claims for dependents and Schedule C businesses to which the taxpayers were not entitled under the provisions of internal revenue laws.
If convicted, Gbara faces a sentence of up to three years in prison for each count of the indictment. An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty.
IRS Criminal Investigation investigated this case. Assistant U.S. Attorney Jeremy Peña is prosecuting the case.
Albuquerque company agrees to $240,000 settlement relating to Controlled Substances Act claimsRead the Press Release
ALBUQUERQUE, N.M. – Acting U.S. Attorney for the District of New Mexico Fred J. Federici has announced that Albuquerque Health Services (AHS) has agreed to a $240,000 settlement relating to civil claims brought by the Department of Justice on behalf of the United States Drug Enforcement Administration (DEA).
AHS operates medication assisted treatment facilities that dispense controlled substances to consumers. Each AHS clinic is separately registered with the DEA and authorized to dispense controlled substances pursuant to the provisions of the Controlled Substances
Act (CSA).
At issue in the civil claim was the registration of one of AHS’s clinics in Albuquerque, which expired June 30, 2019, and was not reinstated until August 12, 2019. The government contended that the clinic nonetheless continued to dispense methadone, a schedule II controlled substance, to patients during the period the DEA registration had lapsed.
By the terms of the settlement, AHS agrees to pay $240,000 and the government releases AHS from any civil or administrative monetary claim the United States has for the covered conduct under the CSA. AHS admits no liability or wrongdoing.
“We are pleased to reach agreement that reinforces the need for compliance with the terms of the Controlled Substances Act,” said Acting U.S. Attorney Federici. “When the United States grants any entity authorization by law we have an obligation to ensure that the responsibilities and requirements on which that authority is contingent are fulfilled and that the limits of that authority are not exceeded.”
“The rules and regulations set forth in the Controlled Substance Act are in place for a reason,” said Kyle W. Williamson, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “The latest CDC overdose death statistics are a grim reminder that registrants must do their part to keep our communities safe and healthy. Through our oversight responsibilities, DEA will ensure that registrants comply with the law.”
Assistant U.S. Attorney Ruth F. Keegan represented the United States in the settlement agreement.
Acting U.S. Attorney Addresses Increasing Danger of Counterfeit Prescription OpioidsRead the Press Release
BOISE – Acting U.S. Attorney Rafael M. Gonzalez, Jr. and Drug Enforcement Administration (DEA) Special Agent in Charge Frank Tarentino today highlighted the danger that counterfeit prescription pills pose to our community. Opioid and prescription drug abuse is at an all-time high. In 2019, 70,630 drug overdose deaths occurred in the United States and more than 70 percent of those deaths involved an opioid.
Historically, the opioid epidemic began with a rapid increase in the prescribing of opioids starting in the 1990s. It continued when those addicted to opioids began to use heroin because it was cheaper and more readily available. Now, the most recent part of this epidemic is the increase in availability of counterfeit pills. Counterfeit pills are illicitly manufactured in clandestine labs, mostly using fentanyl as the active ingredient, and are made to look like legitimate prescription opioids commonly prescribed to alleviate pain or anxiety. These counterfeit pills are then illegally sold by street drug dealers as Oxycodone, Xanax, Percocet, or other similar drugs. Counterfeit pills are also being sold over the internet and delivered by mail. These counterfeit pills have led to increased overdoses and deaths across the country but particularly here in the Western region of the United States where there was a 67 percent increase in such death rates from 2018 to 2019. It is important to note that there is no concern of counterfeit pills entering the legitimate prescription supply chain.
“Prescription opioid abuse has already taken a devastating toll on our community,” said Acting U.S. Attorney Gonzalez. “But we have also seen a terrifying rise in the prevalence of counterfeit prescription pills being sold on the street and online. The public must be aware that while these pills may look like prescription drugs, they likely contain the powerful synthetic opioid fentanyl.” He went on to emphasize that, “a lethal dosage of fentanyl is just two milligrams, equivalent in size to a few grains of salt, as compared to a lethal dose of heroin at 30 milligrams, and that’s why communities everywhere have tragically experienced more fatal overdoses. That pill you bought off the street could be the last one you ever take.”
Counterfeit pills are incredibly dangerous because these imitation pills often look exactly like prescription Oxycodone in size, shape, color, and markings. In other words, there is no way to tell whether a pill purchased illicitly on the internet or the street is actually Oxycodone or a more powerful drug. The picture below on the left is an image of a legitimate Oxycodone pill. The picture on the right is an image of counterfeit Oxycodone pills.
“Between 2017 and 2019, there was great cause for concern when Idaho experienced a gradual increase in the number of drug related overdoses and deaths due to the misuse and abuse of prescription opiates and the increased availability of heroin,” said DEA Special Agent in Charge Frank Tarentino. “Alarmingly, in the last six months, the availability and seizure of fentanyl-laced counterfeit pills has exploded in the region. Law enforcement and public health officials have also noted a sharp increase in overdoses and deaths from fentanyl. The DEA and our law enforcement partners are committed to stemming the tide of this surge of lethal pills on our city streets by targeting the criminal networks who are profiteering while causing death in our communities,” SAC Tarantino concluded.
In 2019, synthetic opioids caused more overdose deaths than any other opioid including heroin. Synthetic opioids accounted for approximately 73 percent of all opioid-involved deaths. Based on a sampling of tablets seized nationwide in 2019, DEA found that 27 percent contained potentially lethal doses of fentanyl. “Frankly, if it weren’t for the outstanding work of first responders administering naloxone (an opioid antagonist that rapidly reverse opioid overdose) and saving lives of those who have overdosed, the number of deaths would be much, much higher,” Mr. Gonzalez said.
Unless prescription drugs are obtained from an authorized medical provider or pharmacy, the public should not consume or even handle these pills. The synthetic opioids contained in them are often lethal if consumed even if in the smallest amounts. All Idahoans are urged to only use prescription drugs prescribed to them by legitimate health care providers and obtained from their pharmacy. “I’m urging you to share this potentially life-saving message with friends and family today. Help us save a life,” Mr. Gonzalez said.
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29 March 2021
Weleetka Resident Sentenced to 13 Months for Abusive Sexual Contact in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kyle Elliott Leitka, age 31, of Weleetka, Oklahoma, was sentenced to 13 months’ imprisonment and 10 years of supervised release for Abusive Sexual Contact In Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2244(b) and 2246(3). The charges arose from an investigation by the Federal Bureau of Investigation.
The Indictment to which the defendant previously entered a guilty plea alleged that on or about June 22, 2020, within the Eastern District of Oklahoma, in Indian Country, the defendant knowingly engaged and attempted to engage in abusive sexual contact with the victim.
Acting United States Attorney Christopher J. Wilson said, “Touching a child for sexual gratification is inexcusable. It is criminal and morally repugnant. Seeing our most vulnerable being preyed upon is heartbreaking, and it is the goal of the justice system to identify, prosecute and punish those responsible for these reprehensible crimes.”
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Sarah McAmis represented the United States. Leitka was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Two Florida men plead guilty to running “Grandparent Scam” in Northern OhioRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that John Tyler Pla, 25, and Johnny Lee Palmer, 26, both of Tampa, Florida, pleaded guilty to operating a “Grandparent Scam” in the Northern District of Ohio that caused their victims a combined loss of $383,932. Pla and Palmer both entered pleas of guilty to conspiracy to commit wire fraud and wire fraud.
According to court documents, from July 20, 2020 to August 28, 2020, Pla and Palmer orchestrated a “Grandparent Scam” targeting elderly victims in Northern Ohio cities, including Brecksville, Parma, Gates Mills, Lorain, Mansfield, Fairview Park, Westlake and Mentor. A member of the scheme would call elderly victims claiming to be a relative or an attorney for that relative and claim the family member had been arrested and, as a result, required money for bail. A member of the scheme would then make arrangements with the victim to collect the money through a “courier.” Instead, Pla, Palmer, or a member of the scheme would travel to the victim’s residence and collect the money. In total, the victims suffered a combined loss of $383,932.
Pla and Palmer are scheduled to be sentenced on July 26, 2021.
The investigation was conducted by the Cleveland Division of the FBI and the Westlake Police Department. This case is being prosecuted by Assistant U.S. Attorney Brian McDonough.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.
Three Men Plead Guilty to Federal Drug CrimesRead the Press Release
HUNTINGTON, W.Va. – Three men appeared in U.S. District Court in Huntington today and pleaded guilty to federal drug crimes.
Michael Stanley Wright, 33, of Huntington, pleaded guilty to possession with intent to distribute methamphetamine and fentanyl. Wright admitted that on March 4, 2020, law enforcement officers searched his house located on Washington Avenue in Huntington. They seized approximately 194.3 grams of methamphetamine mixture and approximately 4.7 grams of fentanyl. Wright also had methamphetamine and fentanyl on his person when he was searched following his arrest. Wright admitted that he intended to sell the fentanyl and methamphetamine. Also seized by law enforcement officers during the search were two firearms - a Colt, Model CF1911, .45 caliber pistol and a Taurus, “Judge” .45/.410 revolver – and approximately $5,536 in cash, which was money Wright had made from selling drugs. Wright faces up to 40 years in prison when sentenced on June 28, 2021. The Huntington Police Department conducted the investigation. Assistant United States Attorney Greg McVey is handling the prosecution.
In a separate case, Aaron Howell, 46, of Huntington, entered a guilty plea to possession with the intent to distribute heroin and methamphetamine. Howell admitted that on November 12, 2020, he was being transported to the Huntington Police Department and removed heroin and methamphetamine from his person and left it in the back of a police cruiser. Howell faces up to 20 years in prison when he is sentenced on June 28, 2021. The Huntington Police Department conducted the investigation. Assistant United States Attorney Stephanie Taylor is handling the prosecution.
In another case, Antoine Louis, 38, of St. Albans, pleaded guilty to possession with the intent to distribute methamphetamine and heroin. According to court documents and statements made in court, Louis admitted that 0n October 19, 2020, he was stopped by law enforcement in St. Albans. A police K-9 alerted to the presence of controlled substances and Louis admitted to officers that he had hidden controlled substances on his person. Louis also gave his consent for law enforcement officers to search his residence. During the search of Louis’ home, law enforcement officers located two firearms, six rounds of ammunition, approximately 27.1 grams of methamphetamine and approximately 47.3 grams of heroin. At that time, Louis was on supervised release for a previous federal drug conviction. Louis also admitted that on October 6, 2020, he sold over five grams of heroin to a confidential informant (CI) that was working with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Louis faces up to 20 years in prison when he is sentenced on June 28, 2021. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
United States District Judge Robert C. Chambers presided over the hearings.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:20-cr-00103(Wright), 3:21-cr-00006(Howell) and 2:20-cr-00195(Louis).
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Staten Island-Based International Narcotics Trafficker and Money Launderer Sentenced to 48 Months in PrisonRead the Press Release
Earlier today, in federal court in Brooklyn, Adolfo LaCola was sentenced by United States Chief District Court Judge Margo K. Brodie to 48 months in prison for his participation in a narcotics distribution conspiracy and money laundering. LaCola pleaded guilty to the charges in September 2020.
Mark J. Lesko, Acting United States Attorney for the Eastern District of New York; Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA); Jonathan D. Larsen, Special Agent-in-Charge, Internal Revenue Service Criminal Investigation (IRS-CI); Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI); and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the sentence.
“The defendant aspired to be a one-stop-shop for cocaine trafficking and money laundering, but thanks to the outstanding work of our law enforcement partners, LaCola’s next stop will be federal prison,” stated Acting U.S. Attorney Lesko. “This Office will vigorously pursue narcotics traffickers who peddle drugs that endanger our communities.”
“LaCola’s criminal enterprise landed him in jail,” stated DEA Special Agent-in-Charge Donovan. “The DEA and our law enforcement partners investigate traffickers and money launderers alike who enable drug addiction in our communities. I applaud the partnership and hard work of the U.S. Attorney’s Office Eastern District of New York and the Internal Revenue Service Criminal Investigation throughout this investigation.”
“The elaborate criminal network established by LaCola led to the appropriate sentence handed down today stated IRS-CI Special Agent-in-Charge Larsen. “This investigation highlights the excellent work done through our partnership at the DEA Strike Force to tackle these drug and money laundering organizations.”
“LaCola operated with a complete disregard for law enforcement as he ran a large-scale cocaine distribution scheme and offered to ‘clean’ hundreds of thousands of dollars for who he thought was just another criminal looking to make a buck,” stated HSI Special Agent-in-Charge Fitzhugh. “LaCola’s brazen pride and cavalier attitude yielded the evidence needed to arrest and charge this self-purported, high level, international narcotics trafficker/money launderer. Once again, we demonstrate our collective investigative acumen showing that the work of HSI New York with the DEA Strike Force and NYPD is unyielding, and we will persist to make sure deadly drugs do not reach our communities.”
“Today’s sentencing demonstrates the investigative efforts of New York City law enforcement and our dedication to stop the threat that narcotics trafficking poses to public safety. I commend and thank the NYPD investigators involved in this investigation in addition to our colleagues at the U.S. Attorney, Eastern District, Internal Revenue Service Criminal Investigation, and Homeland Security Investigations for building such a strong conspiracy case,” stated NYPD Commissioner Shea.
LaCola’s arrest arose out of a long-term investigation by the DEA and IRS-CI of local narcotics trafficking and distribution in New York City. Between April 2018 and December 2018, LaCola conspired with others to import kilograms of cocaine from Mexico into the United States. Unbeknownst to LaCola, one of the individuals with whom he was negotiating a multi-kilogram deal was cooperating with the DEA. In his meetings with this individual, LaCola offered his services as a large-scale cocaine distributor in Staten Island and as a money launderer for narcotics traffickers. The defendant arranged for the individual to try a 100-gram sample of his cocaine, after which he attempted to negotiate a deal for regular shipments of multi-kilogram loads of cocaine. LaCola informed the individual that the sample he provided came from a 10-kilogram shipment he had received and that he could regularly provide the individual with 10 to 15 kilograms of cocaine from his sources of supply in Mexico.
LaCola also offered his services as a money launderer for narcotics traffickers. He offered to use a co-conspirator’s businesses to launder up to $300,000 a-month for another individual who turned out to also be cooperating with the DEA. The defendant facilitated the laundering of $100,000 of purported heroin trafficking proceeds. This money, in reality, came from the DEA informant.
The case was the result of an investigation by the New York Strike Force, a crime-fighting unit comprising federal, state and local law enforcement agencies supported by the Organized Crime Drug Enforcement Task Force and the New York/New Jersey High Intensity Drug Trafficking Area. The New York OCDETF Strike Force is housed at the DEA’s New York Division and includes agents and officers of the DEA; the NYPD; the New York State Police; HSI; IRS-CI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Customs and Border Protection; U.S. Secret Service; the U.S. Marshals Service; New York National Guard; the Clarkstown Police Department; U.S. Coast Guard; Port Washington Police Department; and New York State Department of Corrections and Community Supervision.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorney David J. Lizmi is in charge of the prosecution.
The Defendant:
ADOLFO LACOLA
Age: 54
Staten Island, New YorkE.D.N.Y. Docket No. 19-CR-187 (MKB)
Sixteen Heroin Traffickers Sentenced in “Operation Last Trip”Read the Press Release
Sixteen individuals operating a heroin trafficking ring have been convicted and sentenced to federal prison following an investigation led by the Drug Enforcement Administration and Texas Department of Public Safety, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
This marks the third round of sentencings in a larger heroin trafficking investigation dubbed “Operation Last Trip.” In total, forty defendants have been prosecuted for trafficking heroin, and various other drugs, including meth, between 2017 and 2019, according to court documents.
The sixteenth and final defendant in this round, 27-year-old Erica Anne Maloney, was sentenced Friday by U.S. District Judge Reed C. O’Connor to more than 3 years imprisonment for her role in the heroin distribution conspiracy.
According to court documents, investigators identified multiple individuals who traveled from Wichita Falls to the Dallas area repeatedly for the purpose of purchasing heroin and other illicit drugs. The heroin buyers would then transport the opioids back to Wichita Falls to sell to customers.
“A highly-addictive and deadly opioid, heroin has plagued communities across Texas,” said Acting U.S. Attorney Shah. “The U.S. Attorney’s Office, the DEA and state and local law enforcement partners are committed to dismantling distribution networks and prosecuting drug traffickers.”
“These sentences reflect a win for all citizens of North Texas who value safe and drug-free communities,” said Eduardo A. Chávez, Special Agent in Charge of DEA Dallas. “These individuals who spent their days distributing heroin will now spend nights in jail while the men and women of the DEA Dallas Field Division will continue their efforts to keep heroin off our streets.”
Other defendants connected in this case received the following prison sentences:
• Eric Casey O’Neill, aka “Irish”: 120 months
• Erica Renee Robertson: 37 months
• Leslie Amanda Pavlick: 71 months
• Oland Randle Robison, aka “Doodle: 235 months
• Marquise Day-Leon Isham, aka “Black”: 70 months
• Sabrina Marie Berreles: 6 months
• Curtis Lee Buss: 36 months
• Jessica Maria Lance: 46 months
• Michael Thomas Leon, aka “Mikey”: 37 months
• David Wayne Vinson: 84 months
• Jeremey James Fields: 48 months
• Amy Faye Moore: 24 months
• Farrah Sage Harwell: 8 months
• Kayla Leann Gray: 46 months
• Charles William Wallace IV: 37 months
The Drug Enforcement Administration, the Texas Department of Public Safety Criminal Investigations Division led the investigation with the assistance of the Wichita Falls Police Department Organized Crime Unit, the Wichita County District Attorney’s Office Drug Enforcement Division, the Wichita County Sheriff’s Office and the Duncanville Police Department.
Assistant U.S. Attorney Robert Boudreau was in charge of these prosecutions.
Sioux Falls Man Sentenced for Distribution of a Controlled Substance Resulting in Serious Bodily InjuryRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man convicted of Distribution of a Controlled Substance Resulting in Serious Bodily Injury was sentenced on March 22, 2021, by U.S. District Judge Karen E. Schreier.
Jacob Allen Baker, age 27, was sentenced to 240 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Baker was indicted by a federal grand jury on August 17, 2020. He pled guilty on December 21, 2020.
The conviction stemmed from an incident on or about August 14, 2019, when Baker, knowingly and intentionally distributed fentanyl and said fentanyl resulted in the serious bodily injury of a victim. The victim smoked the fentanyl provided by Baker and sustained an overdose, which was reversed by the administration of Narcan. Fentanyl is a Schedule II controlled substance.
This case was investigated by the Sioux Falls Area Drug Task Force and the Drug Enforcement Agency. Special Assistant U.S. Attorney Mark Hodges prosecuted the case.
Baker was immediately turned over to the custody of the U.S. Marshals Service.
Second Defendant Pleads Guilty in Conspiracy to Steal and Sell Construction Equipment, Boats, and Sport Vehicles.Read the Press Release
PROVIDENCE – A Providence man, one of nine individuals indicted by a federal grand jury for participating in schemes in several states to steal and sell nearly $700,000 worth of excavators, sport boats, jet skis, all-terrain vehicles, and trailers, pleaded guilty today to conspiracy and interstate transportation of stolen goods charges, announced Acting United States Attorney Richard B. Myrus.
The indictment alleges that nine individuals participated in a conspiracy to steal, transport, and sell stolen excavators, boats, jet skis, ATVs, and trailers from businesses in South Kingstown and Tiverton, RI; Auburn, Rehoboth, and Easton, MA; Waterford, Vernon, and Stafford, CT; and Hampstead, NH. Many of the stolen items were stored in Providence, Johnston, Warwick, North Providence, Scituate, and Glocester, R.I. Several of the stolen items were hauled to Florida to be sold.
Appearing today before U.S. District Court Judge Mary S. McElroy, Jared J. Santiago, 28, admitted that as a participant in the conspiracy, in December 2019, he and others stole two boats, a 24-foot boat valued at $102,065, and a 22-foot boat valued at $90,914, from Don’s Marina in Tiverton, RI, and transported one of the boats to Sarasota, Florida.
Santiago pleaded guilty to conspiracy to commit interstate transportation of stolen property and interstate transportation of stolen property, and is scheduled to be sentenced on June 17, 2021.
On December 21, 2020, Luis M. Morales, 37, of Providence, admitted that on July 17, 2020, he drove his pick-up truck to a Stafford, CT, dealership where he and others stole a 2020 Yamaha watercraft, a 2019 Can-Am Maverick Sport off-road vehicle, and two trailers; and that on July 20, 2020, he drove his pick-up truck to a dealership an Easton, MA, dealership and stole three jet skis. Morales admitted that the stolen items were transported into Rhode Island.
Morales pleaded guilty to conspiracy to commit interstate transportation of stolen property and two counts of interstate transportation of stolen property. He is scheduled to be sentenced on May 21, 2020.
Seven other defendants, including the alleged leader of the conspiracy, Jose A. Montes, aka Jose Rivera, aka “Tuto”, 36, of Cranston, are awaiting trial.
The investigation, launched by the Johnston and North Providence Police Departments, and joined by the FBI Safe Streets Task Force and merged with a parallel investigation by Rhode Island and Connecticut State Police, and the Easton, MA, and the Hampstead, NH, Police Departments, determined that between November 2019 and July 2020, three Bobcat excavators, ten jet skis, four boats, eight all-terrain vehicles, and ten trailers valued at over $700,000 were stolen.
Two Bobcat excavators each valued at $60,000 and one valued at $75,000, were allegedly stolen from an Auburn, Mass., dealer between late Friday, April 10, 2020, and late Saturday April 11, 2020. Using GPS built into the equipment, the excavators were located on April 13, 2020, and recovered by law enforcement. Two of the excavators were discovered in Johnston. The third was found in North Providence. GPS data showed that two of the stolen machines were stored on a farm in North Scituate before being moved to Johnston. One of the excavators was brought briefly to a residence in Warwick.
GPS data showed that the third excavator was first taken to a location in Glocester then moved to North Providence, where it was located and seized by law enforcement.
An ATV stolen from a dealership in Hampstead, New Hampshire in July 2020 was discovered on Gallup Street in Providence and towed by police to an impound facility. The ATV was subsequently stolen again from the impound.
A federal indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant U.S. Attorneys William J. Ferland and Ly T. Chin.
Acting United States Attorney Richard B. Myrus thanks the Tiverton, South Kingstown, Scituate, Cranston and Providence, RI, Police Departments, the Auburn MA, Police Department, and the Manatee County Sheriff’s Office in Florida for their assistance in the investigation.
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Santa Clarita Man Pleads Guilty to COVID-19 Relief FraudRead the Press Release
LOS ANGELES – A Santa Clarita Valley man pleaded guilty today to perpetrating a scheme to fraudulently obtain approximately $1.8 million in COVID-19 relief guaranteed by the Small Business Administration (SBA) through the Economic Injury Disaster Loan (EIDL) program and the Paycheck Protection Program (PPP).
According to court documents, Hassan Kanyike, 29, of Santa Clarita, admitted that he submitted six fraudulent PPP loan applications and two fraudulent EIDL applications. The applications sought funds to purportedly pay the salaries of employees whom he claimed worked for two of his businesses. Kanyike successfully obtained approximately $1 million through four PPP loans, and another $300,000 through two EIDL loans.
In support of the fraudulent PPP loan applications, Kanyike submitted fake federal tax filings and payroll reports. For example, in one loan application, Kanyike falsely claimed the business had 26 employees and an average monthly payroll of $168,000, and he submitted a fabricated IRS tax form claiming Falcon Motors had paid $2,022,300 in payroll in 2019. But Kanyike admitted during his plea that the company had substantially fewer employees and substantially lower payroll. Kanyike further admitted that he obtained additional Employer Identification Numbers from the IRS in April and May 2020, so that he could apply for multiple loans for the same used-car business. Kanyike then used a substantial portion of the PPP loan proceeds for his own personal benefit.
Kanyike was arrested in December 2020 at Los Angeles International Airport just before he was about to board a flight to Dubai. At the time of his arrest, Kanyike had transferred approximately $762,000 to Uganda, his country of citizenship, from one of the business accounts that had received the loan proceeds, in violation of the terms of the PPP and EIDL program.
Kanyike pleaded guilty to one count of wire fraud before United States District Judge Virginia A. Phillips. He is scheduled to be sentenced on August 23 and faces a maximum penalty of 20 years in prison. As part of his guilty plea, Kanyike is required to pay approximately $1.3 million in restitution.
Homeland Security Investigations and Treasury Inspector General for Tax Administration investigated the case.
Assistant Chief William Johnston of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Richard E. Robinson of the U.S. Attorney’s Office for the Central District of California’s Major Fraud Section are prosecuting the case. The case was previously prosecuted by former Trial Attorney Benjamin Saltzman of the Fraud Section.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP, and $10 billion in low-interest loans to small businesses through the EIDL program. In April 2020, Congress authorized over $300 billion in additional PPP funding and $10 billion in additional EIDL funding, and in December 2020, Congress authorized another $284 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1%. PPP loan proceeds must be used by businesses for payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.
The EIDL program is designed to provide economic relief to small businesses that are currently experiencing a temporary loss of revenue. EIDL proceeds can be used to cover a wide array of working capital and normal operating expenses, such as continuation of health care benefits, rent, utilities, and fixed-debt payments. If an applicant also obtains a loan under the PPP, the EIDL funds cannot be used for the same purpose as the PPP funds.
The Fraud Section leads the Department of Justice’s prosecution of fraud schemes that exploit the CARES Act. In the months since the CARES Act was passed, Fraud Section attorneys have prosecuted more than 100 defendants in more than 70 criminal cases. The Fraud Section has also seized more than $65 million in cash proceeds derived from fraudulently obtained PPP and EIDL funds, as well as numerous real-estate properties and luxury items purchased with such proceeds. More information can be found at: https://www.justice.gov/criminal-fraud/cares-act-fraud.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Possession of a Stolen Safe, Ammunition, and Drugs Leads to Prison SentenceRead the Press Release
A man who was found by Waterloo Police in possession of a stolen safe, ammunition, and over 1000 pills containing alprazolam, a Schedule IV controlled substance, was sentenced on March 26, 2021, to more than 5 years in federal prison.
Bradley McMahan, age 36, from Waterloo, Iowa, received the prison term after an October 13, 2020 guilty plea to being a felon and an unlawful drug user in possession of ammunition.
In a plea agreement, McMahan admitted that on October 24, 2019, Waterloo police officers searched his home and found a stolen gun safe, that contained over 1000 counterfeit pills containing alprazolam and ammunition when McMahan obtained the safe after it had been stolen.
McMahan was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. McMahan was sentenced to 63 months’ imprisonment and must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. pFor more information about Project Guardian, please see /media/1122011/dl?inline.
McMahan is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and investigated by the Waterloo Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR 20-2029.
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Piedmont Man Sentenced to 50 Years in Prison for Possession and Production of Child PornographyRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Piedmont man for possession and production of child pornography, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr., and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Katrina W. Berger.
U.S. District Court Judge R. David Proctor sentenced Matthew Allan Smyth, 37, to 600 months in prison followed by 120 months of supervised release. Smyth pleaded guilty in December 2020 to one count of production of child pornography and one count of possession of child pornography. This conviction will require him to register as a sex offender in accordance with the Sex Offender Registration and Notification Act (SORNA).
According to the plea agreement, Smyth admitted that he enticed a minor victim to engage in sexually explicit conduct for the purpose of producing child pornography between November 2016 and January 2018. On March 27, 2018, electronic devices seized from Smyth pursuant to a search warrant were received by U.S. Immigration and Customs Enforcement Homeland Security Investigations for forensic examination. The forensic review of the devices revealed a total of 15 pornographic videos and 161 pornographic images of the minor victim. All the videos and images were produced by Smyth.
“Today’s sentence sends a strong message to all other sexual predators,” USA Escalona said. “Smyth stole the innocence of this young child. Children are our most vulnerable victims, and my office will do everything in our power to seek justice for them.”
“These crimes are disgusting, and our investigators will remain ever vigilant in protecting victims,” SAC Sharp said. “Thank you to the collaborative efforts of our state and local law enforcement partners to remove yet another child predator from our community.”
“This sentence ensures that Smyth will not be able to hurt anyone else with his filth and the community can rest a little easier in that knowledge,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama.
FBI and U.S. Immigration and Customs Enforcement Homeland Security Investigations investigated the case, along with the Alabama Law Enforcement Agency, Piedmont Police Department, and the Oxford Police Department. Assistant U.S. Attorney R. Leann White prosecuted the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. 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, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
Pennsylvania Man Admits Role in $4.6 Million Kickback Scheme Related to Genetic TestingRead the Press Release
NEWARK, N.J. – A Pennsylvania man today admitted his role in a conspiracy to receive kickbacks and bribes from laboratories in exchange for referrals of patient DNA samples and genetic tests, Acting U.S. Attorney Rachael A. Honig announced.
Jeremy Richey, 40, of Mars, Pennsylvania, pleaded guilty by videoconference before U.S. District Judge Brian R. Martinotti to a superseding information charging him with conspiracy to commit an offense against the United States in connection with a scheme to violate the Anti-Kickback Statute. Richey and five co-defendants were previously charged by indictment in September 2019 in connection with the conspiracy and a related health care fraud scheme.
According to documents filed in this case and statements made in court:
Richey and certain conspirators operated Ark Laboratory Network LLC (Ark), a company that purported to operate a network of laboratories that facilitated genetic testing. Through Ark, Richey and others submitted or caused to be submitted referrals for genetic tests and patients’ DNA samples to various clinical laboratories across the country. Richey and certain conspirators entered into kickback agreements with certain clinical laboratories under which the laboratories paid Ark bribes in exchange for delivering DNA samples and orders for genetic tests. Ark concealed these kickback arrangements through issuing sham invoices to laboratories that purportedly reflected services provided at an hourly rate even though the parties had already agreed upon the bribe amount, which was based on the revenue the laboratories received from Medicare or an amount paid for each DNA sample. From January 2018 through January 2019, Medicare paid these laboratories at least approximately $4.6 million for genetic tests that resulted from the referrals and DNA samples that Ark delivered to the laboratories in exchange for bribes. In turn, the laboratories paid Ark at least $1.8 million in bribes.
The charge to which Richey pleaded guilty carries a maximum penalty of five years in prison and a fine of $250,000, or twice the gross grain or loss from the offense. Richey’s sentencing is scheduled for Aug. 9, 2021.
Co-defendants Kacey C. Plaisance, of Altamonte Springs, Florida; Kyle D. McLean, of Arlington Heights, Illinois; and Edward B. Kostishion, of Lakeland, Florida, previously pleaded guilty. Plaisance is scheduled to be sentenced on June 21, 2021. McLean is scheduled to be sentenced on July 26, 2021. Kostishion is scheduled to be sentenced on July 26, 2021.
Acting U.S. Attorney Honig credited special agents of the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; and special agents of the U.S. Attorney’s Office for the District of New Jersey, under the direction of Supervisory Special Agent Thomas J. Mahoney, with the investigation leading to today’s guilty plea.
The government is represented by Bernard J. Cooney, Chief of the Government Fraud Unit, and Assistant U.S. Attorney José R. Almonte of the Health Care Fraud Unit in Newark.
The charge and allegations against the remaining defendants are merely accusations, and they are presumed innocent unless and until proven guilty.
Palmhurst man gets lengthy prison sentence for drug and firearm convictionsRead the Press Release
McALLEN, Texas – A 58-year-old Palmhurst resident has been ordered to federal prison for being a felon in possession of a firearm and conspiring to distribute more than 500 grams of meth, announced Acting U.S. Attorney Jennifer B. Lowery.
Roberto Trevino-Mendoza pleaded guilty Oct. 7, 2019.
Today, U.S. District Judge Micaela Alvarez ordered Trevino-Mendoza to serve a 262-month sentence to be immediately followed by five years of supervised release. In handing down the sentence, the court noted instances of Trevino-Mendoza selling firearms and involvement in the sales of kilogram quantities of meth. Judge Alvarez also referenced his prior convictions of aggravated robbery and burglary.
The investigation revealed Trevino-Mendoza had agreed to sell a kilogram of meth in February 2018. An individual came to his residence and provided $4,000 to in exchange for the drugs.
He later negotiated with that same individual in the purchase a firearm. They again met at Trevino-Mendoza's residence to exchange a Taurus, Model PT-111 Millennium Pro 9mm pistol. Trevino-Mendoza received $500 in return for the weapon.
Trevino-Mendoza was previously convicted of a felony. As such, he is prohibited from possessing a firearm or ammunition per federal law.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI lead the Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF is the largest anti-crime task force in the country and its mission is to disrupt and dismantle the most significant drug trafficking and transnational criminal organizations that threaten the United States through prosecutor-led, intelligence-driven, multi-agency task forces that leverage the authorities and expertise of federal, state, and local law enforcement.
Assistant U.S. Attorney Robert Wells Jr. prosecuted the case.
Norwich Man Involved in Southeastern Connecticut Drug Ring Sentenced to 57 Months in Federal PrisonRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that BRYON McCLELLAN, 33, of Norwich, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 57 months of imprisonment, followed by three years of supervised release, for his role in a southeastern Connecticut drug trafficking ring.
This matter stems from an investigation led by the Drug Enforcement Administration, Connecticut Statewide Narcotics Taskforce East, Connecticut Department of Correction and the New London, Waterford, City of Groton and Stonington Police Departments, into the distribution of narcotics and illegal possession of firearms in southeastern Connecticut. The investigation, which included court-authorized wiretaps and controlled purchases and seizures of narcotics and firearms, revealed that Royshawn Allgood, also known as “Boy Roy,” received narcotics from another member of the conspiracy and then distributed the drugs to users and other street-level distributors. McClellan acquired distribution quantities of cocaine from Allgood and sold the drug to his own customers.
On March 5, 2019, a grand jury in Hartford returned an indictment charging McClellan, Allgood and 22 other individuals with various offenses. A subsequent superseding indictment charged an additional two defendants.
McClellan was arrested on March 7, 2019. On July 8, 2019, while McClellan was released on bond, the Connecticut State Police stopped McClellan’s vehicle and arrested him after they found him in possession of approximately 33 grams of cocaine.
McClellan has been detained since July 11, 2019. On October 5, 2020, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, cocaine, and one count of possession with intent to distribute cocaine while on pre-trial release.
Allgood pleaded guilty to a related charge and, on January 3, 2020, was sentenced to 71 months of imprisonment.
This investigation is being conducted by the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Marshals Service, Homeland Security Investigations, Connecticut Statewide Narcotics Taskforce East, Connecticut Department of Correction and the New London, Waterford, City of Groton, Stonington, Norwich, Old Saybrook and UConn Police Departments.
The case is being prosecuted by Assistant U.S. Attorney Natasha M. Freismuth through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
North Dakota Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Bismarck, North Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 22, 2021, by U.S. District Judge Karen E. Schreier.
Dorian Lester, age 24, was sentenced to 18 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
An Information was filed on January 20, 2021. Lester pled guilty on January 22, 2021.
The conviction stems from Lester failing to register as a sex offender as required by federal law between August 7, 2020, and November 3, 2020. Lester, who had previously been convicted of a sex offense in federal court, was classified as a Tier III sex offender which requires him to register for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Lester was immediately turned over to the custody of the U.S. Marshals Service.
New York Man Sentenced to 33 Months in Prison for Participating in Multimillion-Dollar Credit and Gift Card Fraud SchemeRead the Press Release
NEWARK, N.J. – A New York man was sentenced today to 33 months in prison for participating in a scheme to buy and sell over $2 million in stolen property, Acting U.S. Attorney Rachael A. Honig announced.
James Olla, 29, of Brooklyn, New York, previously pleaded guilty by videoconference before U.S. District Judge John Michael Vazquez to a superseding indictment charging him with conspiracy to sell, receive or possess stolen goods. Judge Vazquez sentenced Olla today by videoconference.
According to documents filed in this case and statements made in court:
From January 2014 through June 2015, Olla and others procured stolen information related to credit cards belonging to various individuals, including victims living in New Jersey. Using this stolen information, Olla and his conspirators obtained gift cards from various retailers and then sold the cards on the streets of Brooklyn and elsewhere, often for large sums of cash. In total, Olla’s scheme resulted in losses to financial institutions of $2,041,977.
In addition to the prison term, Judge Vazquez sentenced Olla to three years of supervised release, ordered him to forfeit certain property, and pay restitution of $689,124.
Acting U.S. Attorney Honig credited special agents of FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Rodney M. Hopkins in Newark; and the U.S. Secret Service, under the direction of Special Agent in Charge Mark McKevitt, with the investigation leading to today’s sentencing.
The government is represented by Cybercrime Unit Chief David W. Feder and Assistant U.S. Attorney Joshua L. Haber of the U.S. Attorney’s Office Criminal Division in Newark.
New Orleans Man Pleads Guilty to Conspiracy to Distribute DrugsRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that MARK RICHBURG, age 40, of New Orleans, pled guilty to conspiracy to distribute cocaine, heroin, and cocaine base.
Specifically, on March 18, 2021, RICHBURG pled guilty to one count of conspiracy to distribute and possess with the intent to distribute 5 kilograms or more of cocaine, 100 grams or more of heroin, and a quantity of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), 841(b)(1)(B), 841(b)(1)(C), and 846.
RICHBURG faces a mandatory minimum sentence of 10 years imprisonment up to life imprisonment, a fine of up to $10,000,000, at least 5 years of supervised release and a mandatory $100 special assessment.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration and Federal Bureau of Investigation in investigating this matter. Assistant United States Attorneys Elizabeth Privitera and Jonathan L. Shih are in charge of the prosecution.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (“OCDETF”). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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New Jersey Man Sentenced to 71 Months for Traveling to Meet a Child for Sex and for Distributing Obscene Material to a MinorRead the Press Release
ALBANY, NEW YORK – Recep Sandikci, age 46, of North Plainfield, New Jersey, was sentenced today to 71 months in prison for attempting to meet an Albany-area 13-year-old girl for sex, as well as for sending her obscene material. 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, Sandikci admitted to driving from New Jersey to New York on August 6, 2019, in order to meet and have sex with the 13-year old. During communications between Sandikci and the girl over a cellphone application in the days leading up to the arrest, Sandikci sent the girl sexually explicit images. Sandikci was arrested in an Albany County parking lot where he believed he was about to meet the girl.
United States District Judge Mae A. D’Agostino also imposed a 15-year term of supervised release, which will commence after Sandikci is released from prison. Sandikci is also required to pay a $5,000 special assessment fee, and he will be required to register as a sex offender following his release from prison.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police, and was prosecuted by Assistant U.S. Attorney Emily C. Powers.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Navajo woman pleads guilty to abandonment and abuse of a child resulting in deathRead the Press Release
ALBUQUERQUE, N.M. – Tonya Mae Dale, 28, of the Navajo Nation, NM, pleaded guilty in federal court on March 24 to a charge of involuntary manslaughter in Indian Country.
A grand jury previously returned an indictment against Dale on Sept. 25, 2019. According to the indictment and other court records, Dale committed the offense in San Juan County on or about June 26, 2019. In her plea, Dale admitted to driving while intoxicated with her children in the vehicle, and her intoxication contributed to her vehicle becoming stuck. The next day Dale decided to leave her vehicle and began walking. At some point, she decided to leave her children, a baby and a young child, and seek help on her own. When she returned with assistance to the location she had left her kids, only the baby was still there. The other child had wandered away and was found deceased the next day.
Dale is currently in custody pending sentencing. She faces up to eight years in prison.
The FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.
Monongalia County man sentenced for firearms chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Brian Cutright, of Morgantown, West Virginia, was sentenced today to 46 months of incarceration for a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
Cutright, age 41, pleaded guilty to one count of “Unlawful Possession of Firearm” in August 2020. Cutright, prohibited from having a firearm because he is a user of controlled substances, admitted to having a .25 caliber pistol, a .45 caliber pistol, two .22 caliber rifles, a .40 S&W rifle, and two 12-guage shotguns in July 2018 in Monongalia County.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge Thomas S. Kleeh presided.
Mexican National Sentenced for Conspiring to Assist Flight of Brother Charged with Murdering Police OfficerRead the Press Release
FRESNO, Calif. — Conrado Virgen Mendoza, 37, a native and citizen of Mexico residing in Chowchilla, was sentenced today to 21 months in prison for conspiring with others to assist his brother in fleeing to Mexico to avoid prosecution for the murder of Newman Police Corporal Ronil Singh during a traffic stop and for possessing false immigration documents, Acting U.S. Attorney Phillip A. Talbert announced.
In September 2019, a jury found Conrado Virgen Mendoza guilty, along with Erik Quiroz Razo, 30, an illegal alien residing in Merced. The evidence at trial established that Virgen and Quiroz helped Paulo Virgen Mendoza conceal the truck that he was driving at the time he shot and killed Corporal Singh, transported him to various locations in the Central Valley in an effort to find a safe harbor with relatives before Paulo attempted to flee to Mexico. Conrado Virgen Mendoza lied to Stanislaus County Sheriff officers about Paulo Virgen Mendoza’s whereabouts. Paulo Virgen Mendoza was ultimately apprehended at a relative’s residence in Kern County following an intensive three-day manhunt.
Last November, Paulo Virgen Mendoza pleaded guilty to murdering Corporal Singh and was sentenced to life in prison without parole. Quiroz was previously sentenced to 27 months in federal prison.
This case was the product of an investigation by Homeland Security Investigations and the Stanislaus County Sheriff’s Office with assistance from the Immigration and Customs Enforcement, Enforcement and Removal Operations; the Central Valley High Intensity Drug Trafficking Area (HIDTA) task force; the Southern Tri-County HIDTA; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the California Highway Patrol; the California Department of Justice, the Sheriffs’ Offices for Kern, Merced, and Santa Cruz Counties; and the Police Departments for Merced, Turlock, Modesto, and Santa Cruz. Assistant U.S. Attorneys Karen A. Escobar, Laura D. Withers, and Michael G. Tierney prosecuted the case.
Massachusetts Man Pleads Guilty to Bank FraudRead the Press Release
CONCORD - Kazi Pervez, 41, of Methuen, Massachusetts pleaded guilty in federal court to bank fraud, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, Pervez was a branch manager for a bank in Salem, New Hampshire. From at least April of 2016 until September of 2017, Pervez used his position as branch manager to steal or attempt to steal more than $560,000 from the bank. For example, Pervez opened or instructed bank employees to open accounts in the name of deceased bank customers. Pervez then withdrew funds from the accounts that exceeded the balance of the accounts and used his authority as branch manager to authorize the overdraft from the account. Pervez also identified inactive bank accounts of deceased bank customers and transferred money out of those accounts to other accounts that he controlled.
Pervez sometimes transferred the stolen or overdrawn funds directly to accounts at other banks that he controlled or to pay his bills. Other times, Pervez transferred the funds he stole or overdrew between several accounts in the bank that he controlled before transferring the money to accounts at other banks or to pay his bills. In total, Pervez stole or fraudulently overdrew about $564,590.02 from other peoples’ bank accounts. Of that amount, Pervez successfully transferred more than $450,000 to other accounts outside the bank for his personal use.
Pervez is scheduled to be sentenced on August 5, 2021.
“White collar criminals can sometimes steal large sums of money from multiple victims with a few keystrokes on a computer,” said Acting U.S. Attorney Farley. “We will continue to work closely with the Secret Service and all of our law enforcement partners to identify and prosecute criminals who commit bank fraud and fraud offenses. Those who commit these crimes in New Hampshire should understand that they will be prosecuted in federal court for their unlawful conduct.”
“The US Secret Service is committed to investigating complex fraud schemes that involve the exploitation of vulnerable and deceased victims.” stated Timothy Benitez, Resident Agent in Charge of the U.S. Secret Service’s New Hampshire Office.
This matter was investigated by the United States Secret Service. The case is being prosecuted by Assistant U.S. Attorney Matthew T. Hunter and former Assistant U.S. Attorney Arnold Huftalen.
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Luzerne County Man Sentenced to 63 Months’ Imprisonment for Firearms and Drug Trafficking OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Caleb Guerrier, age 39, of Hanover Township, Pennsylvania, was sentenced on March 29, 2021, by U.S. District Court Judge Malachy E. Mannion, to 63 months’ imprisonment for being a convicted felon in possession of firearms and ammunition and being in possession with intent to distribute crack cocaine.
According to Acting United States Attorney Bruce D. Brandler, the charges stem from an incident in March 2014, in which investigators served a search warrant at Guerrier’s residence in Hanover Township and seized a cache of weapons and ammunition, including five semi-automatic pistols, three of which had obliterated serial numbers, one sawed-off shotgun, multiple boxes of assorted ammunition, drug paraphernalia and $195 in United States currency. Guerrier is a convicted felon and is prohibited under federal law from possessing firearms or ammunition. The charge of possession with intent to distribute crack cocaine stems from a separate incident in June 2016, in which investigators searched a storage unit which Guerrier rented in Wilkes-Barre Township and seized crack cocaine, additional amounts of ammunition and $5000 in U.S. currency. Guerrier previously entered a guilty plea to both the firearms and drug trafficking offenses.
In addition to the prison sentence, Judge Mannion ordered that upon release from prison Guerrier be supervised by a probation officer for three years.
The investigation was conducted by the Federal Bureau of Investigation Safe Streets Task Force, the Luzerne County Drug Task Force, and the Hanover Township Police Department. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Local man handed significant sentence for importing methRead the Press Release
McALLEN, Texas – A 29-year-old man from McAllen has been ordered to federal prison following his conviction for attempting to import approximately 220 grams of meth, announced Acting U.S. Attorney Jennifer B. Lowery.
Juan Torres Jr. pleaded guilty Feb. 4, 2020.
Today, U.S. District Judge Micaela Alvarez ordered Torres to serve a 130-month sentence to be immediately followed by four years of supervised of release. In handing down the sentence, the court considered the seriousness of importing such a quantity of meth into country, his role in the offense and his criminal history.
“We will do everything in our power to bring to justice those who distribute meth,” said Deputy Special Agent in Charge Timothy Tubbs of Homeland Security Investigations (HSI). “This sentence not only holds Torres accountable for his crimes but serves as a warning that HSI and its federal partners will work diligently to keep this highly addictive drug off the streets of south Texas.”
Torres arrived at the Hidalgo Port of Entry Oct. 28, 2019, and applied for admission into the United States from Mexico. Torres was referred to a secondary inspection where authorities found a package wrapped in brown tape concealed in the area of his groin. Inside was 220 grams of meth.
Torres has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the future.
HSI and Customs and Border Protection conducted the investigation. Assistant U.S. Attorneys Peter Brostowin and Frances E. Blake prosecuted the case.
Leader of Lockport Drug Trafficking Organization Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Bruno J. Haney, II, 32, of Lockport, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, heroin, fentanyl, and butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and $1,000,000 fine.
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that between April 2017 and March 2019, the defendant organized and led a drug trafficking organization, which included co-defendants Marissa L. DeCarlo, his girlfriend, who allegedly collected drug money for Haney, and James O. White, whom Haney allegedly supplied with drugs.
On June 16, 2017, the Niagara County Drug Task Force executed a state search warrant at the defendant’s residence on Prospect Street in Lockport. Investigators recovered several bags containing butyryl fentanyl, hydrocodone/acetaminophen and alprazolam pills, $515 in U.S. currency, two packages of black rubber bands, a box of waxed baggies, a digital video recorder, and a digital scale. On January 18, 2019, Haney was arrested, and a search warrant was executed at a residence at East Avenue in Lockport. During that search, investigators recovered quantities of fentanyl, a mixture of heroin and fentanyl, marijuana, $978 in U.S. currency, a digital scale, numerous tablets, and plastic baggies. On February 12, 2019, defendant was charged by a criminal complaint, and on February 28, 2019, he was released from custody on various conditions, which included that he not commit any offense in violation of federal, state, or local law. On March 7, 2019, another search warrant was executed at Haney’s residence on Prospect Street, during which a zip-lock bag containing a mixture of heroin and fentanyl, $373 in U.S. currency, and a digital scale were recovered.
Charges remain pending against defendants White and DeCarlo. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Niagara County Drug Task Force and the Niagara County Sheriff’s Department, under the direction of Sheriff Michael Filicetti; the Niagara County District Attorney’s Office, under the direction of District Attorney Brian D. Seaman; the Orleans County Major Felony Crime Task Force, under the direction of Sheriff Randy Bower; the Orleans County District Attorney’s Office, under the direction of District Attorney Joseph V. Cardone; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Lockport Police Department, under the direction of Chief Steven Abbott.
Sentencing will be scheduled at a later date.
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Lake Andes Man Charged with Receipt and Distribution of Child PornographyRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Lake Andes, South Dakota, man has been indicted by a federal grand jury for Receipt and Distribution of Child Pornography.
Cameron Allen Zephier, age 24, was indicted on March 2, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 10, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about between May 6, 2020, and September 30, 2020, Zephier knowingly received and attempted to receive child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.
The charge is merely an accusation and Zephier is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, Division of Criminal Investigation, and the Charles Mix County Sheriff’s Office. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Zephier was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Justice Department Settles Sexual Harassment and Retaliation Lawsuit Against Orlando, Florida Fire DepartmentRead the Press Release
The Justice Department announced today that it has reached a settlement, through a consent decree, with the City of Orlando resolving allegations that the city violated Title VII of the Civil Rights Act of 1964 when it discriminated and retaliated against Dawn Sumter, a female Assistant Fire Chief with the Orlando Fire Department (“Fire Department”).
Title VII is a federal law that prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin and retaliation for engaging in activities protected by Title VII, such as complaining about discrimination. The complaint and consent decree, filed in a federal district court in Orlando, resolve allegations that Assistant Chief Sumter was sexually harassed by the former fire chief and then retaliated against by Fire Department leadership for complaining about the discrimination and harassment that she faced.
“Sexual harassment in the workplace is intolerable under any circumstance and is particularly pernicious where the victim is a public servant engaged in protecting fellow members of the community,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “The type of sexual harassment and retaliation allegedly suffered by the assistant fire chief in this case prevents women who work in jobs historically dominated by men from protecting and serving the public on an equal basis. This consent decree reflects the Civil Rights Division’s commitment to ensuring that all workers are entitled to a workplace free from sexual harassment and that no person should fear retaliation for seeking help when harassed.”
“Protecting the civil rights of our citizens, including public sector employees, remains a paramount priority for the Middle District of Florida,” said Acting U.S. Attorney Karin Hoppmann for the Middle District of Florida. “Sexual harassment and retaliation in the workplace will not be tolerated and the type of discrimination suffered by Assistant Chief Sumter can only be prevented when employers unequivocally promote a workplace free from discrimination.”
The United States’ complaint, filed today in the U.S. District Court for the Middle District of Florida, alleges that Assistant Chief Sumter’s immediate supervisor, the former fire chief, regularly subjected her to sexual harassment in the workplace. After Ms. Sumter filed a charge with the Equal Employment Opportunity Commission (EEOC) complaining about discrimination, the Fire Department began to retaliate against her, according to the complaint filed today. Fire Department leadership, including the former chief and deputy chiefs, took several harassing, retaliatory actions designed to derail Ms. Sumter’s career and prohibit her from advancement within the Fire Department because of her discrimination complaint.
Under the terms of the consent decree, the City of Orlando will develop and submit to the United States for approval its discrimination and retaliation policies, complaint investigation procedures, and trainings that will be used at the Fire Department. The consent decree further requires the city to provide training for all Fire Department employees on these policies and provides for future annual training on these subjects. The city will also pay Ms. Sumter $251,500 in compensatory damages and $182,640 in attorney’s fees to her private counsel.
The EEOC received a charge of sex discrimination and an amended charge of retaliation filed by Ms. Sumter. The EEOC investigated the matter and found reasonable cause to believe that the Fire Department discriminated against and retaliated against its employee. After unsuccessful conciliation efforts, the EEOC referred the matter to the Justice Department.
Today’s agreement is part of the Civil Rights Division’s Sexual Harassment in the Workplace Initiative announced in February 2018. The Initiative is aimed at eradicating sexual harassment in state and local government workplaces. It focuses on litigation, outreach, and development of effective remedial measures to address and prevent future sex discrimination and harassment.
The Civil Rights Division’s Employment Litigation Section brought this case in collaboration with the U.S. Attorney’s Office for the Middle District of Florida. The case was brought by Employment Litigation Section Attorneys Brian McEntire and Ejaz Baluch Jr. and Assistant U.S. Attorney Yohance Pettis of the Middle District of Florida.
The full and fair enforcement of Title VII is a top priority of the Justice Department’s Employment Litigation Section of the Civil Rights Division. Additional information about the Civil Rights Division and the jurisdiction of the Employment Litigation Section is available on its websites at www.justice.gov/crt/ and https://www.justice.gov/crt/employment-litigation-section.
Justice Department Settles Sexual Harassment and Retaliation Lawsuit Against Orlando, Florida Fire DepartmentRead the Press Release
The Justice Department announced today that it has reached a settlement, through a consent decree, with the City of Orlando resolving allegations that the city violated Title VII of the Civil Rights Act of 1964 when it discriminated and retaliated against Dawn Sumter, a female Assistant Fire Chief with the Orlando Fire Department (“Fire Department”).
Title VII is a federal law that prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin and retaliation for engaging in activities protected by Title VII, such as complaining about discrimination. The complaint and consent decree, filed in a federal district court in Orlando, resolve allegations that Assistant Chief Sumter was sexually harassed by the former fire chief and then retaliated against by Fire Department leadership for complaining about the discrimination and harassment that she faced.
“Sexual harassment in the workplace is intolerable under any circumstance and is particularly pernicious where the victim is a public servant engaged in protecting fellow members of the community,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “The type of sexual harassment and retaliation allegedly suffered by the assistant fire chief in this case prevents women who work in jobs historically dominated by men from protecting and serving the public on an equal basis. This consent decree reflects the Civil Rights Division’s commitment to ensuring that all workers are entitled to a workplace free from sexual harassment and that no person should fear retaliation for seeking help when harassed.”
“Protecting the civil rights of our citizens, including public sector employees, remains a paramount priority for the Middle District of Florida,” said Acting U.S. Attorney Karin Hoppmann for the Middle District of Florida. “Sexual harassment and retaliation in the workplace will not be tolerated and the type of discrimination suffered by Assistant Chief Sumter can only be prevented when employers unequivocally promote a workplace free from discrimination.”
The United States’ complaint, filed today in the U.S. District Court for the Middle District of Florida, alleges that Assistant Chief Sumter’s immediate supervisor, the former fire chief, regularly subjected her to sexual harassment in the workplace. After Ms. Sumter filed a charge with the Equal Employment Opportunity Commission (EEOC) complaining about discrimination, the Fire Department began to retaliate against her, according to the complaint filed today. Fire Department leadership, including the former chief and deputy chiefs, took several harassing, retaliatory actions designed to derail Ms. Sumter’s career and prohibit her from advancement within the Fire Department because of her discrimination complaint.
Under the terms of the consent decree, the City of Orlando will develop and submit to the United States for approval its discrimination and retaliation policies, complaint investigation procedures, and trainings that will be used at the Fire Department. The consent decree further requires the city to provide training for all Fire Department employees on these policies and provides for future annual training on these subjects. The city will also pay Ms. Sumter $251,500 in compensatory damages and $182,640 in attorney’s fees to her private counsel.
The EEOC received a charge of sex discrimination and an amended charge of retaliation filed by Ms. Sumter. The EEOC investigated the matter and found reasonable cause to believe that the Fire Department discriminated against and retaliated against its employee. After unsuccessful conciliation efforts, the EEOC referred the matter to the Justice Department.
Today’s agreement is part of the Civil Rights Division’s Sexual Harassment in the Workplace Initiative announced in February 2018. The Initiative is aimed at eradicating sexual harassment in state and local government workplaces. It focuses on litigation, outreach, and development of effective remedial measures to address and prevent future sex discrimination and harassment.
The Civil Rights Division’s Employment Litigation Section brought this case in collaboration with the U.S. Attorney’s Office for the Middle District of Florida. The case was brought by Employment Litigation Section Attorneys Brian McEntire and Ejaz Baluch Jr. and Assistant U.S. Attorney Yohance Pettis of the Middle District of Florida.
The full and fair enforcement of Title VII is a top priority of the Justice Department’s Employment Litigation Section of the Civil Rights Division. Additional information about the Civil Rights Division and the jurisdiction of the Employment Litigation Section is available on its websites at www.justice.gov/crt/ and https://www.justice.gov/crt/employment-litigation-section.
Justice Department Files Civil Action to Shut Down Two Miami-Area Tax Return PreparersRead the Press Release
The United States has filed a complaint in the U.S. District Court for the Southern District of Florida, Miami Division, seeking to bar two Miami-area tax return preparers from preparing federal income tax returns for others.
The civil complaint was filed against Gerald Vito, James Eleby, and Gerald Vito LLC dba Income Tax Services and alleges that defendants prepared federal income tax returns for numerous Miami-area taxpayers that significantly understated their customers’ tax liabilities. The complaint further alleges that in reporting their customers’ itemized deductions, defendants fabricated or inflated charitable deductions, medical expenses, and employee business expenses. According to the complaint, claiming false or inflated deductions allows a fraudulent tax preparer to underreport the customer’s taxable income and reduce their reported tax liability, which in many cases leads to bogus and fraudulent refund claims. The complaint also alleges that defendants significantly understated their customers’ tax liabilities by reporting false or inflated business losses.
According to the complaint, defendants prepared more than 1,900 tax returns during the 2018 and 2019 calendar years, and each such return, on average, understates the tax the customer owes by thousands of dollars. As a result, the complaint alleges, defendants have likely cost the United States millions of dollars in lost tax revenue. The complaint further alleges that defendants have harmed their customers, who could potentially be required to pay tax deficiencies, interests, and penalties as a result of defendants’ conduct.
Acting Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a list of important reminders for taxpayers who are about to file their 2020 tax returns, including how to prepare for a smooth filing process.
In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Juan Antonio “Tony” Gonzalez Becomes Acting U.S. Attorney for Southern District of FloridaRead the Press Release
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“I look forward to leading the Office’s dedicated lawyers and staff as we continue to enforce our federal laws and seek justice on behalf of all South Florida residents,” said Acting U.S. Attorney for the Southern District of Florida Juan Antonio “Tony” Gonzalez.
Mr. Gonzalez has been an Assistant United States Attorney in South Florida since 1998. He is a career prosecutor who has held various supervisory positions with the office. From 2002 to 2009, Mr. Gonzalez served as Deputy Chief of Narcotics in charge of the High Intensity Drug Trafficking Area Task Force (HIDTA). In 2009, Mr. Gonzalez assumed the position of HIDTA Operations Coordinator for both the Miami-Dade and Broward County HIDTA Units and, in 2011, he took the dual roles of HIDTA Operations Coordinator and Deputy Chief of Narcotics in charge of HIDTA. He continued in those roles until 2019, when he was selected to serve as First Assistant United States Attorney for the Southern District of Florida.
Throughout his federal career, Mr. Gonzalez has investigated and tried an array of complex, high-profile cases. In United States v. Battle, et al. for example, following a six-month trial, Mr. Gonzalez secured RICO conspiracy convictions and a $1.4 billion forfeiture verdict against members of a criminal enterprise charged with various murders, arsons, acts of illegal gambling, money laundering, and narcotics trafficking.
Other notable cases prosecuted by Mr. Gonzalez include securing a money laundering conviction and significant sentence against Spanish drug lord Alvaro Lopez Tardon, and United States v. Solorzano et al., where he prosecuted a complex international money laundering investigation involving the Venezuelan parallel market. Mr. Gonzalez also participated in the investigation and ultimate guilty plea of Luis Gustavo Moreno Rivera, the Colombian Attorney General’s Director of Anticorruption; was part of the prosecution team obtaining convictions in the billion-dollar NTR/Elemetals gold money laundering prosecutions; and was the lead prosecutor securing the conviction of French national Gal Vallerius a.k.a. Oxymonster, the senior moderator of the Dark Web drug marketplace Dream Market.
Prior to joining the U.S. Attorney’s Office, Mr. Gonzalez began his career as a prosecutor at the Miami-Dade County State Attorney’s Office. Mr. Gonzalez spent most of his seven years in the State Attorney’s Office in the Racketeering/Organized Crime and Public Corruption Unit where he specialized in long-term, wiretap investigations of corrupt police officers and organized crime figures. In that unit, Mr. Gonzalez spent four years as a cross-designated Special Assistant US Attorney (SAUSA) for the Southern District of Florida. As a SAUSA, Mr. Gonzalez successfully tried several organized crime cases in federal court.
Mr. Gonzalez is a Certified Anti-Money Laundering Specialist and frequently lectures domestically and abroad in the areas of international money laundering, narcotics trafficking and trans-national organized crime.
Mr. Gonzalez received his law degree from the University of Miami School of Law in 1991, and his undergraduate degree (Bachelor of Arts in Psychology) from the University of Miami in 1988.
Under the Vacancies Reform Act, Mr. Gonzalez now serves as the Acting United States Attorney until a successor is nominated by the President and confirmed by the United States Senate.
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High School Janitor Sentenced to 20 Years in Federal Prison for Secretly Filming Students in Girls’ Locker RoomRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Jason Brian Goff (45, Starke) to 20 years in federal prison for the attempted use of children to produce sexually explicit videos. Goff was also ordered to serve a 10-year term of supervised release and to register as a sex offender. Goff was arrested on September 13, 2019, and has been detained since that date.
Goff had pleaded guilty on September 25, 2020.
According to court documents, in August 2019, two 14-year-old Clay High School students reported seeing what they believed was a camera lens, concealed within a locked gym locker, in the Clay High School girls’ locker room. When school administrators opened the locker, they discovered a cellphone taped to the inside wall of the locker with the lens pointed out of a pre-fabricated hole.
A forensic analysis of the phone revealed a 30-minute video which had been filmed from a window looking into the locker room where female students were captured and recorded changing clothes. At the end of the video, the phone had been panned down to show the identification badge of Clay High School Custodian Jason Goff.
Homeland Security Investigations and the Clay County Sheriff’s Office arrested Goff on September 13, 2019. Goff later admitted that he had tried filming girls in the locker room at least three times, from different vantage points.
Forensic analyses of other electronic devices belonging to Goff revealed additional images from the girls’ high school locker room, and a collection of child exploitation materials, to include a video and images of adults sexually abusing children of various ages, including images of infants.
“It is beyond reprehensible that this predator used his position of trust as a school employee to sexually exploit children,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “Thanks to HSI special agents and the Clay County Sheriff’s Office, he will be held accountable for his crimes.”
This case was investigated by the Clay County Sheriff’s Office and Homeland Security Investigations, with the full cooperation of the Clay County School Board and Clay High Administrators. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Fort Thompson Woman Charged with Assaulting a Federal OfficerRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Fort Thompson, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Jennifer Surrounded, age 35, was indicted on March 9, 2021. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 24, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 12, 2021, in Fort Thompson, Surrounded assaulted an officer with a knife while the officer was engaged in the performance of his official duties.
The charge is merely an accusation and Surrounded is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Surrounded was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Fort Thompson Man Charged with AssaultRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Gavin Drapeau, age 29, was indicted on March 9, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 24, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 11, 2021, in Fort Thompson, Drapeau unlawfully assaulted an individual with shot feet, and said assault resulted in serious bodily injury to the victim.
The charges are merely accusations and Drapeau is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Drapeau was released on bond pending trial. A trial date has not been set.
Former U.S. Postal Service Carrier Sentenced on Federal Charge in Maryland for Making False Statements to Obtain Disability CompensationRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis today sentenced Ronald S. Repass, age 57, of Poolesville, Maryland, to five years of probation on the federal charge of making false statements or fraud to obtain federal employees’ disability compensation and ordered Repass to pay restitution in the amount of $22,000. Repass admitted that he falsely claimed that he was unable to work, even though he had worked at various jobs between June 2016 and February 2019, for which he was paid.
The sentence was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Imari R. Niles of the U.S. Postal Service, Office of Inspector General (OIG); and Special Agent in Charge Derek Pickle, of the Washington Regional Office, U.S. Department of Labor - Office of Inspector General (OIG).
As stated in the indictment, the Department of Labor’s Office of Worker’s Compensation Programs (“OWCP”) administered major disability compensation programs which provided wage loss benefits, medical treatment, vocational rehabilitation, and other benefits for federal government employees who became disabled during the performance of their duties.
According to the indictment, beginning in October 1989, Repass was employed by the U.S. Postal Service at the Poolesville Post Office in Montgomery County, Maryland. Repass was a rural carrier on December 5, 2014, when he filed a workers’ compensation claim after he fell and hurt his right shoulder. OWCP granted his claim on February 11, 2015, for a “right rotator cuff tear” based on a finding that Repass was not able to perform any of the routine duties of his job. Repass began receiving benefits of approximately $3,227 per month on February 22, 2015.
The Department of Labor required disabled employees to annually sign and complete a form certifying that they had not worked for the past 15 months. The disabled employees were also required to immediately report any improvement in their medical condition or any part-time or full-time employment. In 2016, 2017, and 2018, Repass signed and submitted the form stating that he had not worked for any employer, nor was he self-employed or involved in a business enterprise, despite that fact that during those years Repass worked part-time as a snow plow driver, as a service advisor at an automotive repair shop, as a field supervisor for a home improvement company, as a plumber, and he installed window blinds and mowed lawns, all in exchange for compensation.
Acting United States Attorney Jonathan F. Lenzner commended the U.S. Postal Service OIG and U.S. Department of Labor OIG for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Hollis R. Weisman, who is prosecuting the case.
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Former Tangipahoa Parish Sheriff’s Office Employee Pleads Guilty to Bribery SchemeRead the Press Release
NEW ORLEANS, LA – United States Attorney Duane A. Evans announced that SONJA DYSON EVANS, 58, of Ponchatoula, Louisiana, pled guilty on March 24, 2021 to use of an interstate facility with intent to carry on unlawful activity.
According to the bill of information, at the time of the offense, EVANS was employed by the Tangipahoa Parish Sheriff’s Office as a Criminal Records Division Supervisor. From January 2016 through January 2017, EVANS, along with a co-defendant, Shawanda Dove, used cell phones to carry out a bribery scheme, in violation of 18 U.S.C. §§ 1952(a)(3) and 2. EVANS solicited and accepted bribe money from Dove in exchange for fraudulent bonds used for the release of incarcerated persons.
EVANS faces a maximum penalty of five (5) years incarceration, a $250,000 fine, a three (3) year term of supervised release, and a mandatory special assessment of $100.00.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Tracey Knight is in charge of the prosecution.
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Former Houston banker heading to prison for fraud schemeRead the Press Release
HOUSTON – A 41-year-old former International Bank of Commerce (IBC) employee has been ordered to federal prison after she admitted to defrauding her former employer, announced Acting U.S. Attorney Jennifer B. Lowery.
Lori Nan Dean, of Houston, pleaded guilty Aug. 26, 2019, to bank fraud.
Today, U.S. District Judge Gilmore imposed a 15-month sentence to be immediately followed by two years of supervised release. Dean was further ordered to pay a total $91,748.56 in restitution.
Dean was employed as a Marketing Manager at IBC in Houston from Jan. 2, 2016, through Aug. 2, 2017. At the time of her plea, she admitted she had defrauded the bank of $144,300. She did so by making unauthorized withdrawals through the submission of fraudulent debit general ledger tickets. Dean openly revealed she used the money she obtained for her own benefit.
She was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation. Assistant U.S. Attorney John Braddock is prosecuting the case.
Former Honduran National Police Officer Sentenced to 12 Years in Prison for Conspiring to Import Cocaine into the United StatesRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, and Wendy C. Woolcock, the Special Agent in Charge of the Special Operations Division of the U.S. Drug Enforcement Administration (“DEA”), announced today that JUAN MANUEL AVILA MEZA, a former member of the Honduran National Police, was sentenced today to 12 years in prison for conspiring to import cocaine into the United States. AVILA MEZA previously pled guilty before U.S. District Judge Lorna G. Schofield, who imposed today’s sentence.
Manhattan U.S. Attorney Audrey Strauss said: “Juan Manuel Avila Meza conspired to transport large shipments of cocaine into, within, and out of Honduras, including shipments bound for the U.S. He provided sensitive law enforcement information to members of the Cachiros to enable their trafficking operations, and he brokered meetings with other corrupt officials to facilitate money laundering and cocaine trafficking. Juan Manuel Avila Meza tarnished the badge he wore by protecting drug traffickers rather than those he took an oath to protect and serve.”
Special Agent in Charge Wendy C. Woolcock said: “Juan Manuel Avila Meza leveraged his position in law enforcement and as an attorney to attempt to rise above the law, profiting from the reprehensible criminal activities he helped facilitate. Today’s sentencing reaffirms that corruption in law enforcement will never go unchecked by the United States. The Drug Enforcement Administration, alongside our domestic and international partners, will continue working tirelessly to bring to justice all those who participate in drug trafficking.”
According to the Indictment, other court filings, and statements made during court proceedings:
Between at least approximately 2004 and 2014, AVILA MEZA worked with members of a drug trafficking organization known as the Cachiros, which was a prolific and violent criminal syndicate that relied on connections to politicians, military personnel, and law enforcement to transport cocaine to, within, and from Honduras. During that time, and while AVILA MEZA was purportedly enforcing the law as a police officer and, later, an attorney, AVILA MEZA participated in the Cachiros’ criminal enterprise by engaging in drug trafficking, money laundering, sanctions evasion, and debt collection.
Beginning in about 2004, AVILA MEZA provided the Cachiros with sensitive law enforcement information to facilitate the transportation of cocaine. AVILA MEZA also assisted the Cachiros with money laundering and evasion of U.S. sanctions. In May 2013, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) publicly identified the Cachiros as a significant foreign narcotics group pursuant to the Foreign Narcotics Kingpin Designation Act. Nevertheless, beginning in August 2013, the defendant – as an active member of both the Honduran National Police and the Cachiros – assisted the Cachiros with an asset-based money laundering transaction related to a large piece of real estate in San Pedro Sula, Honduras.
In February 2014, AVILA MEZA helped set up and attended a meeting between one of the leaders of the Cachiros and Juan Antonio Hernández Alvarado, a/k/a “Tony Hernández,” another convicted major drug trafficker who is the brother of current Honduran president Juan Orlando Hernández, to discuss money laundering transactions between a Cachiros front company and the Honduran government. In June 2014, AVILA MEZA met with six other members of the Honduran National Police, Fabio Lobo Sosa, the now-convicted son of Porfirio Lobo Sosa, the Honduran president who preceded Juan Orlando Hernández, and two DEA confidential sources purporting to be members of the Sinaloa Cartel. During the meeting, AVILA MEZA led a discussion of how best to rely on the Honduran National Police to secure safe passage for a large cocaine shipment.
Six other former members of the Honduran National Police, including, among others, Victor Oswaldo Lopez Flores, Ludwig Criss Zelaya Romero, Carlos Jose Zavala Velasquez, and Carlos Alberto Valladares Garcia, were convicted in this case of firearms and/or drug trafficking offenses for conspiring to import cocaine into the United States. Each of those individuals has pled guilty in federal court, along with co-conspirator Fabio Lobo. On September 5, 2017, Lobo was sentenced to 24 years in prison; on February 6, 2018, Flores was sentenced to five years in prison; on June 27, 2018, Velasquez was sentenced to 12 years in prison; and on September 27, 2018, Garcia was sentenced to 14 years in prison. Zelaya Romero is awaiting sentencing by Judge Schofield. On October 18, 2019, Hernández Alvarado was convicted at a trial before the Honorable P. Kevin Castel of cocaine importation, weapons, and false statements offenses, and he is scheduled to be sentenced by Judge Castel tomorrow.
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In addition to the prison term, AVILA MEZA, 50, was sentenced to four years of supervised release.
Ms. Strauss praised the outstanding efforts of the DEA’s Special Operations Division Bilateral Investigations Unit, New York Strike Force, and Tegucigalpa Country Office, as well as the U.S. Department of Justice’s Office of International Affairs.
This case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Jacob Gutwillig, Matthew Laroche, Jason A. Richman, and Elinor Tarlow are in charge of the prosecution.
Former Eau Claire Resident, Stopped by Operation Kick Boxer, Sentenced for Distribution of Child PornographyRead the Press Release
Acting United States Attorney Richard G. Frohling of the Eastern District of Wisconsin announced that on March 29, 2021, Evan C. Pasicznyk (age:36), previously of Eau Claire, Wisconsin, and currently residing in Burnsville, Minnesota, was sentenced to 60 months in federal prison by Senior District Judge William C. Griesbach.
Pasicznyk possessed and distributed numerous digital images and videos of child pornography. Pasicznyk’s indictment and subsequent conviction were part of Operation Kick Boxer, a collaborative effort involving the Milwaukee Division of the Federal Bureau of Investigation (FBI), the U.S. Attorney's Office for the Eastern District of Wisconsin, and the Winnebago County Sheriff's Office. (https://go.usa.gov/xfPHh).
In handing down the sentence, Judge Griesbach noted the serious nature of the charge, the debilitating effect this crime has on its victims, and the need for deterrence and just punishment. Following his release from prison, Pasicznyk will spend five years on supervised release. He will also be required to register as a sexual offender.
This case was investigated by the Federal Bureau of Investigation’s Milwaukee, Green Bay, and Eau Claire Offices, as well as the Winnebago County Sheriffs’ Office. It was prosecuted by Assistant United States Attorney Daniel R. Humble.
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 U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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For further information contact:
Public Information Officer Kenneth Gales
414-297-1700
Foreign national guilty for illegally smuggling Peruvian nationalRead the Press Release
CORPUS CHRISTI, Texas – A 20-year-old man has been found guilty for conspiracy to transport an illegal alien and attempting to smuggle a Peruvian national within the United States, announced Acting U.S. Attorney Jennifer B. Lowery.
U.S. District Judge David S. Morales found Kevin E. Ramos-Alvarenga guilty today on both counts following a one-day bench trial Friday, March 26. Ramos-Alvarenga is a citizen of El Salvador who illegally resided in Houston.
On March 9, 2020, Ramos-Alvarenga drove a white Toyota Camry into the primary inspection lane at the Falfurrias checkpoint in an attempt to smuggle a Peruvian national past authorities. The court heard he had concocted a story with the illegal alien to try and fool law enforcement into thinking they had forgotten his wallet in the valley.
They did not believe their story and took both into custody.
During the trial, the defense attempted to convince the court that a friend had duped Ramos-Alvarenga into transporting the Peruvian National.
Judge Morales did not believe the claims either and found Ramos-Alvarenga guilty as charged.
Ramos-Alvarenga is set for sentencing April 12. At that time, he faces up to 10 years in prison.
He has been and will remain in custody pending that hearing.
Border Patrol conducted the investigation with the assistance Homeland Security Investigations. Assistant U.S. Attorney Christopher Marin and Yifei Zheng prosecuted the case.
Felon Sentenced to 188 Months in Federal Prison for Possessing Firearm, Threatening an FBI Task Force OfficerRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Hurley Dewayne Pitts, age 46, of Tahlequah, Oklahoma, was sentenced to 188 months’ imprisonment and 3 years of supervised release for Felon In Possession Of Firearm & Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1) and Influencing Federal Official By Threatening Family Member, in violation of Title 18, United States Code, Sections 115(a)(1)(A) and 115(b)(4). The charges arose from an investigation by the Tahlequah Police Department and the Federal Bureau of Investigation.
The Superseding Indictment to which the defendant previously entered a guilty plea alleged that on or about January 18, 2020, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce.
The Superseding Indictment further alleged that on or about February 22, 2020, within the Eastern District of Oklahoma, the defendant, did threaten to assault, kidnap, and murder the immediate family members of T.C., a Task Force Officer for the Federal Bureau of Investigation, with intent to impede, intimidate, and interfere with T.C. while he was engaged in the performance of his official duties, and to retaliate against T.C. on account of the performance of his official duties.
Acting United States Attorney Christopher J. Wilson said, “The investigation and prosecution of Defendant Pitts is the result of strong working relationships law enforcement agencies have in the Eastern District. Law enforcement have difficult and often dangerous jobs. They put their lives on the line to protect our citizens on a daily basis. When defendants choose to target law enforcement officers or their families with threats and intimidation, this office will stand shoulder to shoulder with the victims to ensure this type of conduct is not tolerated and defendants are held accountable.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Clay Compton represented the United States. Pitts was remanded to the custody of the United States Marshal to await commitment to United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Felon Pleads Guilty to Holding a Woman at Knifepoint in an Attempted RobberyRead the Press Release
A felon who held a woman at knifepoint two days after he was released from prison pleaded guilty today in federal court, said Acting U.S. Attorney Clint Johnson.
Kuna-Gi Lowe pleaded guilty to attempted robbery in Indian Country and assault with a dangerous weapon in Indian Country. According to the written plea agreement, the defendant will be sentenced to 70 months in federal prison. U.S. District Judge John F. Heil III will make the final sentencing determination at hearing set for June 29, 2021.
According to court hearings, after being released from prison on felony charges, the defendant took a bus to Tulsa and began drinking heavily over the next several days. Lowe was out of money on August 29, 2019, when he entered an insurance agency where the victim was working and inquired about “opening an account.” Lowe then grabbed the female victim, pulled out a large knife and demanded money as he asked the victim if she “knew what he could do to her”. The victim pulled out of the defendant’s grasp and told Lowe she was calling the police as she fled to the business next door. Tulsa police officers located Lowe a short distance away. The victim confirmed Lowe was the assailant, and he was arrested.
Acting U.S. Attorney Clint Johnson praised the FBI and Tulsa Police Department for their efforts in bringing Lowe to justice. Assistant U.S. Attorney Ross E. Lenhardt is prosecuting the case. Mr. Lenhardt is a prosecutor from the Western District of Pennsylvania. He volunteered to assist prosecution efforts here in the Northern District of Oklahoma due to increased jurisdictional responsibilities regarding crimes involving Native American victims or defendants and that occur within the Muscogee (Creek) Nation and Cherokee Nation Reservations.
Edmonds, Washington, man sentenced to prison for “Molotov Cocktail” attacks at May 30, 2020, protestRead the Press Release
Seattle – A 21-year-old Edmonds, Washington, man was sentenced today in U.S. District Court in Seattle to 40 months in prison and 3 years of supervised release, for unlawful possession of destructive devices for his activities at a protest that turned violent in downtown Seattle, announced Acting U.S. Attorney Tessa M. Gorman. Kelly Thomas Jackson was arrested in September 2020 when he was identified as the person who used Molotov cocktails to burn two Seattle Police vehicles in downtown Seattle on May 30, 2020. At the sentencing hearing, U.S. District Judge James L. Robart said, “The public’s right to peacefully protest has been repeatedly violated by people doing criminal things.” Judge Robart noted that throwing a Molotov Cocktail at police cars loaded with gasoline and potentially weapons was very dangerous for those in the area.
"Unlike the vast majority of demonstrators who came to downtown Seattle to protest peacefully against systemic racism, this defendant came armed with Molotov Cocktails - intent on dangerous destruction," said Acting U.S. Attorney Gorman. "The danger to others is captured in pictures from the scene: flames from the burning cars and burning gasoline spread across the sidewalk, pollutant-filled smoke billowing into the crowd. This isn't free speech - it is criminal conduct deserving of a federal prison sentence."
According to records filed in the case, following a May 30, 2020, demonstration in downtown Seattle, law enforcement had various videos of a white male suspect in distinctive clothing using glass containers with a flammable material and a wick to burn or attempt to burn two police vehicles. Jackson was identified as that man after an anonymous tip to law enforcement. An analysis of cell phone records placed Jackson in the area at the time of the fires. Law enforcement obtained videos that show Jackson traveling into Seattle with at least one of the glass bottles with a wick. Other videos show Jackson throwing one Molotov cocktail into a police vehicle, then hiding himself in the crowd and jumping up and down with excitement after his crime. Another video shows the second Molotov cocktail thrown at the windshield of a police vehicle, bouncing off, and exploding in flames on the sidewalk outside the Nordstrom store. A review of Jackson’s internet activity demonstrated that he accessed web-based information on how to construct Molotov cocktails.
Writing to the Court, prosecutors noted the danger to “hundreds of people who were standing in the vicinity of the police cars that Jackson attacked. Many of these people were just a few feet away from the vehicles and even closer to the fires Jackson caused on the sidewalks adjacent to the vehicles. And, all of them were in harm’s way if one of the vehicles had exploded upon detonation of the Molotov cocktails.”
Jackson pleaded guilty to two counts of possession of a destructive device on January 6, 2021.
“While other individuals were expressing their First Amendment-protected rights, Mr. Jackson used this opportunity to destroy property and create chaos,” said Donald M. Voiret, FBI Special Agent in Charge of the Seattle Field Office. “This instigator researched his arsons and, on multiple occasions, endangered the safety of those nearby, as he helped to overshadow peaceful protests and escalate the environment into violence.”
“Jackson clearly planned not to come and peacefully protest, but to come and perpetrate criminal acts,” said ATF Seattle Special Agent in Charge Jonathan T. McPherson. “We respect everyone’s right to free speech, but free speech does not come in the form of a Molotov cocktail. His premeditated actions and complete disregard for the safety of those around him warrant this sentence.”
The case was investigated by the FBI and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), with assistance from the Seattle Police Department, the Edmonds Police Department, and the Mountlake Terrace Police Department.
The case was prosecuted by Assistant United States Attorney Todd Greenberg.
Eagle Butte Man Charged with AssaultRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Vine Janis, age 40, was indicted on March 9, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 24, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that December 20, 2020, in Eagle Butte, Janis assaulted an individual with a knife and said assault resulted in serious bodily injury to the victim.
The charges are merely accusations and Janis is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Janis was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.