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11 March 2021
Beresford Man Charged with Receipt and Distribution of Child PornographyRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Beresford, South Dakota, man has been indicted by a federal grand jury for Receipt and Distribution of Child Pornography.
Anthony James Berst, age 33, was indicted on March 2, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 4, 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 September 7, 2020, and on or about January 6, 2021, Berst 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 a computer.
The charge is merely an accusation and Berst is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Division of Criminal Investigation and Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Berst was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for May 11, 2021.
Attleboro Man Pleads Guilty to Child Pornography ChargesRead the Press Release
BOSTON – An Attleboro man pleaded guilty yesterday to receipt and possession of child pornography.
Garry Bienvenue, 58, of Attleboro, pleaded guilty to one count of receipt of child pornography and one count of possession of child pornography involving a prepubescent minor and a minor who had not attained 12 years of age. U.S. District Court Judge F. Dennis Saylor scheduled sentencing for July 12, 2021. On March 12, 2020, Bienvenue was arrested and charged by criminal complaint, and he has been in custody since that time.
Law enforcement learned that an internet user at Bienvenue’s Attleboro home had solicited and received child pornography from children over the internet using the Snapchat messaging application. A search of the home resulted in the seizure of Bienvenue’s smartphone, which was found to contain child pornography videos that had been received through Snapchat, including one depicting the rape of a child as young as 3-5 years old.
The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of up to 10 years in prison. Each charge also provides for a mandatory minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Attleboro Police Chief Kyle P. Heagney made the announcement. Assistant U.S. Attorney Elianna Nuzum of Mendell’s Major Crimes Unit is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Albion, PA Felon Charged with Gun Law ViolationRead the Press Release
ERIE, Pa. - A resident of Albion, Pennsylvania has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal firearms laws, Acting United States Attorney Stephen R. Kaufman announced today.
The one-count Indictment named John Erik Frombach, 43, as the sole defendant.
According to the Indictment presented to the court, on or January 22, 2021, Frombach possessed a firearm while being a convicted felon.
The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the indictment in this case.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the Fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Acting United States Attorney for the Eastern District of Oklahoma Issues Statement Regarding OCCA Decisions of Hogner and BosseRead the Press Release
MUSKOGEE, OKLAHOMA – Since the United States Supreme Court decision in McGirt v. Oklahoma was handed down in July 2020, the U.S. Attorney’s Office for the Eastern District of Oklahoma has been committed to ensuring that public safety is our top priority. The opinions released today by the Oklahoma Court of Criminal Appeals in Hogner v. Oklahoma and Bosse v. Oklahoma only reinforce that commitment, said Acting United States Attorney Christopher J. Wilson. “The Hogner and Bosse cases expand federal criminal jurisdiction to prosecute crimes committed by Indians or upon Indian victims in the territorial boundaries of the Cherokee and Chickasaw Nations.”
“In anticipation of today’s rulings, the U.S. Attorney’s Office has partnered with the district attorneys and tribal prosecutors within the Eastern District to identify cases which will be impacted by these decisions, said Acting United States Attorney Christopher J. Wilson. “We have also forged strong working relationships with local, state, tribal and federal law enforcement agencies to investigate crimes occurring within Indian Country. Our office will be building on the framework we set in place to address crimes occurring within the Muscogee (Creek) Nation after the McGirt opinion. This framework includes creating Indian Country prosecution teams, securing attorneys and support staff from other U.S. Attorney’s offices to serve terms in the Eastern District, as well as establishing case intake and referral procedures in cooperation with the Federal Bureau of Investigation.”
“The expansion of federal criminal jurisdiction resulting from the Hogner & Bosse rulings will no doubt dramatically increase our caseload, but I am confident the men and women of the U.S. Attorney’s Office for the Eastern District will rise to the challenge,” said Wilson.
Acting U.S. Attorney Clint Johnson’s Statement Regarding the Oklahoma Court of Criminal Appeals’ Ruling in Hogner v. OklahomaRead the Press Release
“The men and women of the U.S. Attorney’s Office have worked tirelessly to pursue justice and support victims of crime, and we will continue to do so in response to the Oklahoma Court of Criminal Appeals’ ruling in Hogner v. Oklahoma,” said Acting U.S. Attorney Clint Johnson. “So far in 2021, the Northern District of Oklahoma has welcomed a team of new Assistant U.S. Attorneys, legal support staff and victim specialists to help address the increased caseload resulting from the changing jurisdictional landscape in Oklahoma, and we continue to advocate for more federal resources. A group of federal prosecutors, operating since the McGirt decision, has also been charged with reviewing cases that occur on Cherokee Nation lands involving Native American defendants or victims. These prosecutors will either refer the cases to Cherokee Nation for prosecution or accept them for federal prosecution. Rest assured, our office will work in close partnership with local District Attorneys, the Cherokee Nation Attorney General as well as local, state, tribal, and federal law enforcement agencies to ensure the continued provision of public safety for the people of northeastern Oklahoma.”
14 Charged with Participating in Fentanyl Trafficking ConspiracyRead the Press Release
Fourteen individuals were indicted by a federal grand jury on Monday and charged with participating in a conspiracy to distribute, and possession with intent to distribute, fentanyl, Acting United States Attorney John J. Farley announced today. Those charged in the indictment are:
Manuel Emilio Delacruz-Diaz, 41, of Lawrence, MA
Francisco Valdez-Aybar, 36, of Lawrence, MA
Santo Luis Araujo-Guerrero, 48, of Lawrence, MA
Edwin Flores, 41, of Lawrence, MA
Ramon Jacquez-Diaz, 50, of Methuen, MA
Ambiory Monegro-Reynoso, 51, of Methuen, MA
Wandy Rosario, 29, of Methuen, MA
Maribel Benjamin, 57, of Lawrence, MA
Vivian Last Name Unknown (“LNU”) of Lawrence, MA
Carlos Patricio Ozuna Gonzalez, 39, of Lawrence, MA
Victor Tejada-Gonzalez, 30, of Connecticut
Mikael Canario-Batista, 45, of Lawrence, MA
Estiviz Estepan-Ortiz, 37, unknown residence
Danaury Espinal-Lara, 40, unknown residence
Of those charged, Delacruz-Diaz, Valdez-Aybar, Araujo-Guerrero, Jacquez-Diaz, Monegro-Reynoso, Rosario, Benjamin, and Gonzalez were arrested during a coordinated law enforcement action on Wednesday. Tejada-Gonzalez and Canario-Batista were already in custody on other charges. Espinal-Lara, Estepan-Ortiz, Flores and Vivian LNU have not yet been taken into custody. Those arrested appeared before a magistrate judge on Wednesday. 5 of those arrested were ordered detained pending further proceedings.
This matter was investigated by the Drug Enforcement Administration, Homeland Security Investigations, the Massachusetts State Police, the Methuen Police Department, the Lawrence Police Department, and the Nashua Police Department.
The charges in the indictment are only allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This investigation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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12-Time Convicted Felon Charged with Firearm Offenses Under Operation UndauntedRead the Press Release
A 12-time convicted felon, who waived arraignment Tuesday and pleaded not guilty, remains in federal custody charged with multiple firearms offenses, announced U.S. Attorney Ashley C. Hoff and Special Agent in Charge Fred J. Milanowski, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Houston Field Division.
A federal grand jury indictment unsealed last week, charges 41-year-old Louis Duane Rhyne of Austin, with two counts of being a convicted felon in possession of a firearm and one count of possession of a stolen firearm. The indictment alleges that on March 19, 2020, Rhyne possessed a stolen .223 caliber Smith and Wesson model M&P-15 rifle. The indictment further alleges that on December 29, 2020, Rhyne was in possession of a .38 special caliber Smith & Wesson model 38 revolver.
On December 29, 2020, the U.S. Marshal Service Lone Star Fugitive Task Force apprehended Rhyne in Austin. At that time of his arrest, Rhyne was in possession of the loaded .38 caliber revolver. Public court records reveal that Rhyne has amassed a dozen felony convictions all in Texas ranging from assault and organized criminal activity to evading arrest and unlawful use of a motor vehicle.
Rhyne faces up to ten years in federal prison for each charge upon conviction. Jury selection and trial is scheduled for 9 a.m. on May 17, 2021, before U.S. District Judge Robert Pitman in Austin.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case along with the Austin and Manor Police Departments. Assistant U.S. Attorney Alan Buie is prosecuting this case.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is considered innocent until proven guilty in a court of law.
This case is part of Operation Undaunted, a program which draws on the partnerships among federal, state and local law enforcement coupled with prosecution authorities to tackle violent crime and protect the communities of central and west Texas.
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10 March 2021
Yankton Man Convicted of Possession of a Controlled SubstanceRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Michael Wayne Zephier, age 40, of Yankton, South Dakota, was found guilty of Possession of a Controlled Substance (methamphetamine) as a result of a federal jury trial in Sioux Falls, South Dakota.
The charge carries a minimum penalty of 90 days and maximum penalty of 3 years in custody and/or a minimum of a $5,000 fine, up to one year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Zephier was indicted by a federal grand jury on March 3, 2020. The grand jury charged that on or about February 2, 2020, in the District of South Dakota, Zephier, did knowingly and intentionally, possess with the intent to distribute 5 or more grams of methamphetamine (actual), a Schedule II controlled substance, in violation of 21 U.S.C. § 841(a)(1). The trial jury found Zephier not guilty of that charge, but found him guilty of the lesser included crime of possession of methamphetamine.
This case was investigated by the Federal Bureau of Investigation, U.S. Department of Homeland Security, and Yankton Sioux Tribal Law Enforcement. Special Assistant U.S. Attorney Mark Hodges prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for April 19, 2021. The defendant was returned to the custody of the State of South Dakota, where he is currently incarcerated for violation of his parole.
Wilmington Man Receives 10 Years in Prison for Heroin DistributionRead the Press Release
NEW BERN, N.C. – Jarrin Anthony Clarida, age 27, of Wilmington was sentenced today to 120 months in prison for three counts of distribution of a quantity of heroin and one count of possession with the intent to distribute a quantity of heroin. On December 18, 2019 Clarida pled guilty to these charges. All the counts arose out of acts that occurred in the City of Wilmington.
According to court documents, in January 2019, investigators with the Wilmington Police Department (WPD) launched an investigation into Clarida’s drug distribution activities. Using a Confidential Informant, law enforcement conducted three controlled purchases of heroin from Clarida on January 8, 10, & 15, 2019. Following the controlled purchases, members of the WPD Gang Unit executed a search warrant at Clarida’s residence. A search of the residence uncovered heroin packaged in 220 bindles, marijuana, 3 dosage units of MDMA, miscellaneous ammunition, gang related documents, a 9mm magazine, an unloaded EKOL Volga 9mm starter gun and $5,601.00. Clarida was taken into custody and provided a statement to law enforcement officials admitting that the heroin and a large portion of the currency found in the residence were his. Per court documents, Clarida is a validated gang member and has prior state convictions that include, but are not limited to, selling a Schedule I controlled substance, interference with an electronic monitoring device, and possession with the intent to sell or deliver marijuana.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Wilmington Police Department and Federal Bureau of Investigation (FBI) investigated the case and Special Assistant U.S. Attorney Murphy Averitt prosecuted the case.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation and the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:19-cr-00140-FL.
Two Postal Service Employees Face Federal Charges of Using Funds from Unemployment Insurance Scheme to Buy Postal Money OrdersRead the Press Release
SANTA ANA, California – Federal authorities this morning arrested two employees of the U.S. Postal Service who allegedly abused their positions to purchase and cash Postal money orders with tens of thousands of dollars of unemployment benefits fraudulently obtained with false claims of COVID-related job losses.
Christian Jeremyah James, 31, of South Los Angeles, who works in the Culver City Main Post Office, and Armand Caleb Legardy, 32, of Inglewood, who works in the La Tijera Post Office on Crenshaw Boulevard in South Los Angeles, are expected to make their initial court appearances this afternoon in United States District Court in Los Angeles.
A criminal complaint filed on March 3 and unsealed after today’s arrests charges James and Legardy with conspiracy, aggravated identity theft, access device fraud, and fraud in connection with major disaster or emergency benefits.
The affidavit in support of the criminal complaint alleges that James and Legardy obtained debit cards issued by the California Employment Development Department (EDD), which administers the state’s unemployment insurance program. Those debit cards were issued based on applications for pandemic-related unemployment benefits submitted under 10 stolen identities.
Both James and Legardy used the fraudulently obtained EDD debit cards to purchase Postal money orders and cash Postal money orders that had been purchased with those debit cards, according to the complaint, which notes instances in which unidentified individuals used the EDD debit cards to purchase Postal money orders from the defendants while they were on duty at the Post Office.
James and Legardy also allegedly used the EDD debit cards issued in other people’s names to withdraw thousands of dollars in cash from ATMs. And, according to the complaint, James and Legardy deposited multiple fraudulently purchased Postal money orders directly into their own bank accounts, including one instance in which James purchased a $1,000 money order that was then deposited into Legardy’s bank account. According to the complaint, more than $25,000 in fraudulently purchased Postal money orders were deposited into James’ own bank account.
As of late December, the 10 fraudulently obtained EDD debit cards had been used to make $168,758 in purchases and $31,133 in ATM cash withdrawals.
The complaint does not accuse James or Legardy of submitting the fraudulent applications to the EDD.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
If they were to be convicted of the conspiracy and two fraud offenses alleged in the complaint, James and Legardy would each face a statutory maximum sentence of 45 years in federal prison. The charge of aggravated identity theft carries a mandatory two-year prison sentence that would run consecutively to any other prison term imposed in the case.
This matter is being investigated by the United States Postal Service – Office of Inspector General, the U.S Department of Labor – Office of Inspector General, IRS Criminal Investigation, and the California Employment Development Department.
This case is being prosecuted by Assistant United States Attorney Charles Pell of the Santa Ana Branch Office.
Texas Man Sentenced to 10 Years in Federal Prison for Possessing over 20 Pounds Combined of Fentanyl and CocaineRead the Press Release
Hot Springs, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced today that Johnny Rodriguez, age 22, of Houston, Texas, was sentenced to 120 months in federal prison followed by five years of supervised release on one count of Possession with Intent to Distribute more than 400 grams of Fentanyl. The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearing in the United States District Court in Hot Springs.
In August 2019, an Arkansas State Police Trooper stopped a vehicle operated by Rodriguez, for a traffic offense. After receiving consent and searching the vehicle, the Trooper discovered a false compartment in the vehicle. A search of the compartment resulted in the Trooper locating approximately 12 kilograms of a controlled substance that field tested positive for cocaine. Rodriguez was arrested without incident.
The substance was submitted to the Drug Enforcement Administration’s Crime lab for testing and tested positive for 4909 grams of fentanyl and 4469 grams of cocaine.
Rodriguez plead guilty to an information in June of 2020.
This case was investigated by the Arkansas State Police and the Drug Enforcement Administration. Assistant United States Attorney Bryan Achorn prosecuted the case for the Western District of Arkansas.
Ten individuals indicted on federal firearms charges as part of agencies' collaborative effortRead the Press Release
SAVANNAH, GA: Ten defendants face federal felony firearms charges after indictment by a U.S. District Court grand jury in the Southern District of Georgia.
All of those charged are prohibited from possessing firearms. The cases are being investigated under the Department of Justice initiative targeting illegal firearms, and in coordination with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and local law enforcement agencies.
“A fundamental requirement for safe streets is keeping guns out of the hands of individuals who are prohibited from possessing them,” said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. “We applaud our collaboration with the Bureau of Alcohol, Tobacco, Firearms and Explosives and our state and local law enforcement partners in enforcing laws to remove illegally possessed firearms from our communities.”
In the past three years, more than 660 defendants were federally charged in the Southern District of Georgia for illegal firearms offenses – most often for carrying a firearm after having been convicted of a previous felony. The charge carries a penalty upon conviction of up to 10 years in prison, and there is no parole in the federal system.
“ATF will continue to dedicate federal resources in conjunction with those crucial law enforcement contributions of local agencies to target defendants that have no business carrying firearms, given their previous criminal conduct,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the ATF.
Those named in federal indictments from the March 2021 term of the U.S. District Court grand jury include:
- Malcolm Robinson Brown, 38, of Augusta, charged with Possession of a Firearm by a Convicted Felon, and Possession of Ammunition by a Prohibited Person, referring to a prior conviction for a misdemeanor crime of domestic violence;
- Matthew Kearse, 29, of Savannah, charged with Possession of a Firearm by a Convicted Felon;
- Brandon Demarcus Reedy, 34, of Augusta, charged with Possession of a Firearm by a Convicted Felon;
- Kijordan Markel Ceaser, 21, of Thomson, Ga., charged with Illegal Receipt of a Firearm by a Person Under Indictment;
- Timetrius Dontrel Neal, 23, of Thomson, Ga., charged with Possession of a Firearm by a Prohibited Person, referring to a prior conviction on a misdemeanor crime of domestic violence; Possession of a Firearm by an Unlawful Drug User; and Illegal Receipt of a Firearm by a Person Under Indictment;
- Telly Green, 33, of Savannah, charged with Possession of a Firearm by a Convicted Felon;
- Marcus Rashad Allen, 33, of Savannah, charged with Possession of a Firearm by a Convicted Felon.
- Dameon Duncan, 21, of Savannah, charged with Possession of a Firearm by a Convicted Felon.
- Darius Edwards, 33, of Pembroke, Ga., charged with Possession of a Firearm by a Convicted Felon; and,
- John Calvin Young Jr., 35, of Rincon, Ga., charged with Possession of a Firearm by a Convicted Felon.
The charge of Possession of a Firearm by a Prohibited Person carries a possible penalty upon conviction of up to 10 years in prison. There is no parole in the federal system.
Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty.
These cases also are investigated under the Prosecutor to Prosecutor Program (P3), in which federal and state prosecutors collaborate to determine the most appropriate venue for adjudication of alleged crimes.
In addition to these cases, at least three defendants recently have appeared in U.S. District Court on federal firearms charges, including:
- Courtney Raynard Spann, 29, of Statesboro, sentenced to 96 months in prison and ordered to serve three years of supervised release upon completion of his prison term after pleading guilty to Possession of Ammunition by a Convicted Felon;
- Onesimo Ochoa-Santos, 35, of Brunswick, sentenced to 18 months in prison and ordered to serve one year of supervised release upon completion of his prison term after pleading guilty to Possession of a Firearm by an Illegal Alien.
- Alexander Wallace, 36, of Savannah, sentenced to 95 months in prison and ordered to serve three years of supervised release upon completion of his prison term after pleading guilty to Possession of a Firearm by a Convicted Felon.
Agencies investigating these cases include the ATF; Savannah Police Department; the Richmond County Sheriff’s Office; Columbia County Sheriff’s Office; the McDuffie County Sheriff’s Office; the Rincon Police Department; the Brunswick Police Department; and the Port Wentworth Police Department, with assistance from the U.S. Marshals Service.
The cases are being prosecuted for the United States by Southern District U.S. Attorney’s Office Assistant U.S. Attorneys, including Project Guardian Coordinator Henry W. Syms; Jennifer Stanley; Tara M. Lyons; Alejandro V. Pascual IV; Joshua S. Bearden; Tania D. Groover; Jennifer Kirkland; Edwin Caban; Joseph McCool; Marcela C. Mateo; John P. Harper III; and Noah Abrams.
Under federal law, it is illegal for an individual to possess a firearm if he or she falls into one of nine prohibited categories including being a felon; illegal alien; or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime. It is also illegal to purchase – or even to attempt to purchase – firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, also is a federal offense.
For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473.
Tampa Gang Member Pleads Guilty to Firearms OffensesRead the Press Release
Tampa, Florida – Gabriel Antonio Thompkins, II (25, Tampa) has pleaded guilty to making a false statement to a federally licensed firearms dealer in connection with the attempted purchase of a firearm, and to possessing firearms and ammunition as a convicted felon. Thompkins faces a maximum penalty of five years in federal prison for the false statement charge and up to 10 years’ imprisonment for the firearms possession offense.
According to the plea agreement, Thompkins was a member of the Grant Park neighborhood gang in Tampa. In furtherance of the gang’s activities, he sold drugs, illegally possessed firearms and ammunition, fled from law enforcement, and posted videos to social media.
On November 17, 2017, Thompkins fled the scene of a shooting in Tampa, driving away in a vehicle at a high rate of speed. He then crashed the vehicle into a pole and fled on foot as Tampa Police officers pursued him. The officers ultimately found Thompkins hiding under a house. On December 18, 2017, Thompkins pleaded guilty to the felony charge of fleeing to elude (high speed) in the Thirteenth Judicial Circuit Court in Hillsborough County.
On December 8, 2019, Thompkins went to Shoot Straight Tampa, a shooting range/gun store, and attempted to purchase a .45 caliber pistol. Thompkins filled out Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473 and falsely claimed that he had not been convicted of a felony. Shoot Straight Tampa conducted a background check and denied the purchase because of Thompkins’s convicted felon status.
On January 11, 2020, officers from the Tampa Police Department attempted a traffic stop on a vehicle Thompkins was driving. Thompkins fled, first in the vehicle and then on foot. From a backpack found in the car, the officers recovered approximately 170 grams of marijuana. They also located a Kel-Tec 556 pistol.
On October 6, 2020, law enforcement executed arrest and search warrants at Thompkins’s home in Tampa. Inside his bedroom they found a loaded, stolen .40 caliber handgun. They also recovered a loaded, stolen Mini Draco 7.62x39 mm firearm in a shed. As a previously convicted felon, Thompkins is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Christopher F. Murray.
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 and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.
Stoughton Man Sentenced for Distributing FentanylRead the Press Release
BOSTON – A Stoughton man was sentenced yesterday in federal court in Boston for distributing fentanyl and crack cocaine.
Matthew Pizarro, 32, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 10 years in prison and eight years of supervised release. In November 2019, Pizarro pleaded guilty to two counts of distribution of fentanyl, one count of distribution of 40 grams or more of fentanyl and one count of possession with intent to distribute 28 grams or more of crack cocaine. Pizarro was indicted in October 2018 and has been in custody since his arrest in August 2018.
In July 2018, agents began an investigation into an overdose death, and learned that the victim obtained fentanyl from a friend, who had purchased the fentanyl from Pizarro. As part of the investigation, over the course of the next month, Pizarro sold approximately 100 grams of fentanyl to an undercover agent. On Aug. 7, 2018, Pizarro was arrested. A search of his residence resulted in the seizure of approximately 45 grams of crack cocaine, 20 grams of powder cocaine and a .25 caliber handgun and ammunition.
Acting United States Attorney Nathaniel R. Mendell; Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office; and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement. Assistant U.S. Attorneys Katherine Ferguson and Alathea Porter of Mendell’s Narcotics and Money Laundering Unit are prosecuted the case.
Staten Island Man Charged with Attempted Production of Child PornographyRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Ryan Behar with attempted sexual exploitation of a child. The charges relate to sexually explicit live streamed and recorded depictions that the defendant requested from a minor whom he targeted on Instagram. Behar was arrested today and will make his initial appearance via videoconference this afternoon before United States Magistrate Judge Sanket J. Bulsara.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the arrest and charge.
“As alleged, Behar misused social media in an effort to lure an underage teenager into having sexually explicit communications with him,” stated Acting United States Attorney DuCharme. “This Office will continue to make every effort to protect minors and hold to account those who contribute to their victimization.” Mr. DuCharme extended his grateful appreciation to the FBI Violent Crimes Against Children Squad for its investigative work, the New York City Police Department and the Richmond County District Attorney’s Office for their assistance on the case.
“Predators are appallingly aggressive in targeting society’s youth. If you think your child or teen is shielded from this type of predator, who can quietly target your child without ever having to physically enter your home, please think again. Do you know who your children are interacting with online? Have you asked? Adults did not grow up with this type of threat. Technology has changed, and we need your help educating and protecting our children,” stated FBI Assistant Director-in-Charge Sweeney. “We believe Mr. Behar had contact with many more victims, and we are urging those victims or their parents or guardians to call us at 1-800-CALL-FBI, or reach out for us online at tips.fbi.gov.”
As set forth in court filings, beginning on September 13, 2020, Behar, age 42, falsely claimed he was a teenage boy and engaged in a series of sexually explicit communications with the 16-year-old victim. Using an Instagram account, Behar repeatedly messaged the victim requesting that the victim create pornographic videos, photographs and live visual depictions. These communications occurred between September 2020 and October 2020. During these communications, Behar also sent the victim sexually explicit images he represented to be of himself and directed her to perform sexual acts while participating in video calls.
The charge in the complaint is an allegation, and the defendant is presumed innocent unless and until proven guilty. If convicted of attempted sexual exploitation of a child, Behar faces a mandatory minimum sentence of 15 years’ imprisonment and a maximum of 30 years in prison.
This prosecution is 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 United States Attorneys’ Offices and the Department of Justice Child Exploitation and Obscenity Section, 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.
The government’s case is being handled by the Office’s General Crimes Section. Assistant United States Attorney Garen S. Marshall is in charge of the prosecution.
The Defendant:
RYAN BEHAR
Age: 42
Staten Island, New YorkE.D.N.Y. Docket No. 21-MJ-293
St. Louis man charged with Hobbs Act RobberyRead the Press Release
ST. LOUIS – A federal criminal complaint charged Jonathan Davis with one count of Hobbs Act Robbery. Davis, a 21-year-old St. Louis resident, appeared in court today for his initial appearance in front of United States Magistrate Judge Nannette A. Baker.
According to the complaint, around 12:20 a.m. on January 23, 2021, a Steak N’ Shake employee was sitting in the back office of the restaurant located in the 9500 block of Natural Bridge Road. The restaurant was closed and the employee was talking to another employee while preparing bank deposits. While the employees were talking, Davis entered the office with a gun and demanded money from the safe. Davis, a former employee of the restaurant, held the gun (shown in the attached photo) against one of the employee’s neck.
The employee handed the money from the cash register drawer to Davis. After receiving the money, Davis ran through the back door of the restaurant.
Charges set forth in the complaint are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The Federal Bureau of Investigation and Berkeley Police Department investigated the case. Assistant United States Attorney Jennifer Szczucinski is handling this case.
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Springfield Woman Pleads Guilty to Sex Trafficking ConspiracyRead the Press Release
BOSTON – A Springfield woman pleaded guilty in federal court in Springfield yesterday to conspiracy to commit sex trafficking.
Shannon Yelinek, 36, pleaded guilty to one count of conspiracy to commit sex trafficking before U.S. District Court Judge Mark G. Mastroianni, who scheduled sentencing for June 4, 2021. Yelinek was charged in August 2019.
Co-conspirator William Coleman previously pleaded guilty to one count of conspiracy to commit sex trafficking and nine counts of sex trafficking and was sentenced to 186 months in prison in September 2020.
As stated during court proceedings, Yelinek conspired with Coleman who operated a prostitution business that used violence and the drug addictions of female victims to coerce them into engaging in commercial sex acts with paying customers. The victims were typically required to turn over all of their earnings to Coleman and were subject to his tight control over their daily lives. Most of the women were not allowed to keep any of the money they earned, and they were only to obtain the drugs they needed from Coleman. In most cases, the victims were addicted to heroin.
Victims who did not engage in prostitution for Coleman, or who did not follow his rules, were subjected to physical assaults, sexual violence and the withholding of drugs. Coleman enlisted Yelinek, among others, to carry out tasks associated with the business. Yelinek admitted that she posted prostitution advertisements on the internet and arranged “dates” between prostitution customers and some of Coleman’s victims. She also admitted to picking up money from the victims and delivering it to Coleman and to delivering drugs to the victims at Coleman’s direction. Additionally, Yelinek, at Coleman’s behest, attempted to recruit female inmates while Yelinek was in jail in 2017.
The charge of conspiracy to commit sex trafficking provides for a sentence of up to life in prison, a lifetime of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Hampden County District Attorney Anthony D. Gulluni; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Hampden County Sheriff Nicholas Cocchi; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Springfield Police Commissioner Cheryl Clapprood; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. Assistant U.S. Attorney Alex J. Grant of Mendell’s Springfield Branch Office prosecuted the case.
This case is the result of the efforts of the Western Massachusetts Human Trafficking Working Group, which was established in August 2015 to investigate and prosecute crimes involving commercial sex trafficking.
Springfield Man Sentenced to 15 Years for Child PornographyRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Missouri, man was sentenced in federal court today for receiving and distributing child pornography.
Brian M. Turner, 38, was sentenced by U.S. Chief District Judge Beth Phillips to 15 years in federal prison without parole.
On Sept. 14, 2020, Turner pleaded guilty to receiving and distributing child pornography.
The investigation began in December 2018 when law enforcement received a Cybertipline report that Facebook had identified an image of possible child pornography sent by Turner via his Facebook Messenger account to another user in Australia. On Jan. 29, 2019, a law enforcement officer located Turner at a Springfield McDonald’s restaurant. Turner admitted to viewing child pornography for the past 10 years. He explained that he received the child pornography from others utilizing Facebook Messenger. Turner also admitted that he stored images of child pornography in his Google Photos account.
Investigators conducted a forensic examination of Turner’s cell phone and found 236 images and one video of child pornography.
This case was prosecuted by Assistant U.S. Attorneys Stephanie Wan and Nhan D. Nguyen. It was investigated by Southwest Missouri Cyber Crimes Task Force, Homeland Security Investigations, and the Springfield, Mo., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Spirit Lake Man Sentenced to Federal Prison for Possession of Child PornographyRead the Press Release
A man who possessed child pornography was sentenced March 9, 2021, to 13 years in federal prison.
Paul Frances Hicks, age 65, from Spirit Lake, Iowa, received the prison term after a September 22, 2020, guilty plea to one count of possession of child pornography.
At the plea hearing, Hicks admitted that on September 8, 2016, he possessed visual depictions of minors engaged in sexually explicit conduct, including a depiction involving a prepubescent minor or a minor who had not attained 12 years of age. During the execution of a search warrant at Hick’s residence on September 8, 2016, law enforcement seized an HP laptop computer. The computer was forensically examined and contained at least 146 images of child pornography.
Hicks was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Several former victims were present at the sentencing. At the sentencing, Hicks admitted to grooming multiple children since the 1970s with gifts, drugs, and alcohol to sexually abuse them. Hicks tended to prey on families experiencing turmoil and offered to babysit the children in order to gain access to his victims. Hicks was sentenced to 156 months’ imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Acting United States Attorney Sean Berry stated “Our community is made safer every time a child predator is sentenced to prison. We thank our law enforcement partners for their dedication and good work on this case.”
Hicks is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and investigated by The Iowa Internet Crimes Against Children Task Force and the FBI Child Exploitation and Human Trafficking Task Force, the Iowa Division of Criminal Investigations, the Spirit Lake Police Department, and the Dickinson County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-4004.
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Southbridge Man Arrested on Federal Drug ChargeRead the Press Release
BOSTON – A Southbridge man was arrested yesterday and charged in connection with distributing methamphetamine.
Christopher Williams, 33, was charged by criminal complaint with one count of distribution of methamphetamine. Following an initial appearance before U.S. District Court Magistrate Judge David H. Hennessy, Williams was detained pending a detention hearing set for March 11, 2021.
According to the complaint, on two separate occasions in January 2021, Williams sold multiple ounces of methamphetamine to an undercover officer for $4,500 in Southbridge.
The charge of distribution of methamphetamine provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service in Boston; and Southbridge Police Chief Shane Woodson made the announcement. Assistant U.S. Attorney Danial Bennett of Mendell’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Shreveport Man Sentenced for Selling and Distributing MethamphetamineRead the Press Release
SHREVEPORT, La. - Aaron McKinney, a.k.a “Dinosaur,” 41, of Shreveport, Louisiana, was sentenced by Chief United States District Judge S. Maurice Hicks, Jr. to 120 months (10 years) in prison, followed by 5 years of supervised release, for conspiracy to distribute and possession with intent to distribute methamphetamine, announced Acting United States Attorney Alexander C. Van Hook.
Between March 2019 and December 2019, law enforcement agents began an investigation into the suspected drug trafficking activities of McKinney and other co-defendants. During the investigation, DEA agents obtained authority to intercept phone calls on a cell phone belonging to a co-defendant. On several occasions, law enforcement agents intercepted phone calls wherein McKinney discussed obtaining methamphetamine, as well as prices, amounts, and meeting locations to purchase the methamphetamine. At the time of his arrest, McKinney admitted to agents that he was selling and purchasing methamphetamine. On July 27, 2020, McKinney pleaded guilty to the charge of conspiracy to distribute and possession with intent to distribute methamphetamine.
The DEA conducted the investigation and Assistant U.S. Attorney Tennille Gilreath prosecuted the case.
This is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence—riven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Romanian National Sentenced to Four Years in Federal Prison for Role in Credit Card Skimming SchemeRead the Press Release
PORTLAND, Ore.—A Romanian National was sentenced to federal prison today for his role in a bank fraud scheme wherein he and an accomplice used counterfeit credit and debit cards to withdraw money from local banks, announced Acting U.S. Attorney Scott Erik Asphaug.
Ciprian Simion, 35, of Romania, was sentenced to 48 months in federal prison followed by five years’ supervised release. Simon was also ordered to pay more than $27,000 in restitution.
According to court documents, Simion is an experienced credit card skimmer. In April 2018, he was arrested in New York City after using fake ATM cards and pins to withdraw cash from an ATM. After his arrest, Simion consented to a search of his hotel room where officers found nearly 100 forged debit cards and three forgery devices. He was later indicted by a New York grand jury on more than 200 counts related to his fraud activity. The New York court issued a warrant for his arrest in August 2018.
At some point after being charged in New York, Simion relocated to Oregon. His precise movements in the months leading to his arrest in Oregon are unknown. On or about March 16, 2019, Simion and an accomplice, Gabriel Tigmarau, 51, also of Romania, installed a credit card skimmer on a Rivermark Community Credit Union ATM in Newberg, Oregon. Simion and Tigmarau later removed the device to obtain stolen account information and pins, damaging the ATM in the process. Around the same time, the pair installed skimming devices on several other area ATMs.
Simion and Tigmarau used the stolen account information to produce counterfeit credit and debit cards and withdraw cash from local ATMs. On April 27, 2019, officers from the Portland Police Bureau arrested Simion and Tigmarau after they were caught tampering with an IBEW Credit Union ATM on SE Washington Street in Portland. Officers seized several counterfeit bank cards and a skimming device from the pair. While in Oregon, Simion stole at least 354 account numbers.
On July 24, 2019, a federal grand jury in Portland returned an eleven-count indictment charging Simion and Tigmarau with conspiracy to commit bank fraud, counterfeit access device fraud, illegal possession of device-making equipment, bank fraud, and aggravated identity theft. On July 29, 2020, Simion pleaded guilty to one count each of bank fraud and aggravated identity theft. Simon’s New York state charges are still pending.
On November 4, 2020, Tigmarau pleaded guilty to the same charges. He was sentenced on February 17, 2021 to 42 months in federal prison and five years’ supervised release.
This case was investigated by Homeland Security Investigations (HSI) and the Portland Police Bureau. It was prosecuted by Quinn P. Harrington, Assistant U.S. Attorney for the District of Oregon.
Bank card skimming occurs when devices are illegally installed on ATMs, point-of-sale (POS) terminals, or fuel pumps to capture cardholders’ bank account information or PINs. Criminals use the stolen data to create fake debit or credit cards and steal from victims’ accounts. It is estimated that skimming costs financial institutions and consumers more than $1 billion each year. Consumers are encouraged to look carefully at ATMs and POS terminals before using them. If you observe evidence of tampering or anything unusual, do not use the machine. If you suspect you’ve been the victim of skimming, please contact your financial institution immediately.
Roanoke Drug Kingpin Sentenced to 20 Years in PrisonRead the Press Release
ROANOKE, Va. -Monta Jordan, a convicted drug kingpin who was subject to one of the largest fentanyl seizures in Virginia at the time, was sentenced yesterday in U.S. District Court in Roanoke to 240 months in federal prison, Acting United States Attorney Daniel P. Bubar; Jared Forget, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Washington Division, and Col. Gary T. Settle, Superintendent of the Virginia State Police announced today.
In February 2020, a jury convicted Jordan, 45, a.k.a. “Ghost” and “Tae” of Roanoke, of one count of conspiring to distribute heroin, fentanyl, methamphetamine, and cocaine, one count of possession with the intent to distribute fentanyl, one count of attempting to possess with the intent to distribute cocaine, one count of attempting to possess with the intent to distribute heroin, and possession of one or more firearms in furtherance of the overall drug conspiracy.
“Monta Jordan oversaw a significant drug distribution network that pumped various deadly narcotics into the Roanoke Valley, including fentanyl,” said Acting U.S. Attorney Bubar today. “This significant sentence is the product of a lengthy investigation and trial, that could not have been accomplished without the collaboration between our many federal, state and local law enforcement partners, whose hard work brought Jordan to justice.”
“Fentanyl is responsible for killing thousands of people across our area,” Special Agent in Charge Forget said today. “With the help of federal, state, and local partners we are working hard on impactful cases such as this, to halt the distribution of these deadly drugs in our communities and throughout the country.”
Evidence at trial indicated that Jordan was responsible for trafficking more than 54 kilograms of narcotics into this region as part of an extensive drug operation that began no later than the summer of 2016 and extended even beyond his arrest on federal charges in August 2017. Jordan received deliveries of these narcotics at various locations in the Roanoke Valley and made cash payments toward his purchases of as much as $320,000 during scheduled meetings.
During trial in February 2020, witnesses explained that Jordan trafficked large quantities of narcotics into the Roanoke-area through by mail and through couriers, who were compensated in various ways for their willingness to transport narcotics by car from places such as New York, North Carolina, Tennessee, and Ohio. Further evidence established that Jordan received narcotics by mail at the residential addresses of his associates and, in turn, mailed large quantities of United States currency to designated recipients in those states. For example, during the course of the investigation, the United States Postal Inspection Service intercepted two packages mailed by Jordan within the span of one week, containing collectively just under $100,000 in cash. In one instance, agents found a basketball in one of the contraband packages, wrapped in carbon paper and surrounded by miscellaneous chair cushions. The basketball itself had been cut and contained $49,950 in rubber-banded currency.
Jurors also heard evidence regarding Jordan’s methods of transporting narcotics into the Roanoke-area by one or more vehicles outfitted with concealed traps. Among other vehicles, Jordan owned a burgundy Ford Fusion, which he identified in his own text messages as the “Batmobile.” On August 5, 2017, surveillance officers conducted a traffic stop of a burgundy Ford Fusion dubbed by Jordan himself as the “Batmobile.” The car was in route from New York to Roanoke and stopped by law enforcement agents near Harrisonburg. During a subsequent search of that vehicle, specially trained interdiction officers with the Virginia State Police discovered a secret compartment, or trap, underneath the factory-installed carpet in the trunk of the car. They found approximately 4.5 pounds of fentanyl inside the trap, wrapped in smell-proof bags, and covered in an oily masking agent designed to defeat the scenting capabilities of K-9 drug dogs. This fentanyl seizure was the largest in Virginia at the time, recovered by investigators at a time when the region was plagued with an increase in drug overdoses attributable in part to the increasing use of fentanyl as a cutting agent in heroin transactions.
The case against Jordan culminated in his arrest on August 10, 2017. On that date, authorities recovered a package containing approximately one pound each of packaged cocaine and heroin, destined for Jordan. They replaced the replaced the narcotics with sham, or fake, drugs designed to match the appearance and weight of the seized contraband. During the subsequent arrest operation, agents made a controlled delivery of the package and observed Jordan as he retrieved and emptied the box along Highway 122 in Bedford County.
Jordan was intercepted near the intersection of Highway 122 and Morgans Church Road in Bedford County. In video footage of the ensuing police pursuit, Jordan could be seen throwing the sham drugs out the window of his vehicle and over a bridge, attempting to dispose of what he believed were genuine narcotics in his possession. He was taken into custody shortly after the sham packages entered the creek below and has remained incarcerated since that time.
Notwithstanding his arrest, witnesses indicated that Jordan successfully smuggled on or more phones into his cell at a local jail and used the phones to coordinate the delivery and distribution of narcotics from jail, while his case was pending trial. A known girlfriend and associate of Jordan’s, Amany Mohamed Raya, was convicted in January 2020 of attempting to smuggle one of these phones to Jordan in the spine of a fake binder designed to look like confidential legal mail. In a coordinated effort by the United States Postal Inspection Service (USPIS), the Roanoke City Sheriff’s Department, the United States Marshals Service (USMS), and the Drug Enforcement Administration (DEA), authorities caught Jordan in possession of one of the contraband phones and successfully intercepted Raya’s fake legal mail before it could be delivered to Jordan.
The investigation of this case was led by the Drug Enforcement Administration, the Virginia State Police, the Roanoke City and Roanoke County Police Departments, the Salem Police Department, the United States Postal Inspection Service, and members of the High Intensity Drug Trafficking Area Task Force (HIDTA), with invaluable assistance and support from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Air National Guard, the Department of Homeland Security, the United States Marshals Service, the Salem Police Department, the Roanoke Sheriff’s Office, and the Criminal Investigations Division of the Department of Motor Vehicles.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Assistant United States Attorneys Kari Munro and Anthony Giorno prosecuted the case for the United States.
Rioter from May 30 Seattle civil unrest pleads guilty to arson and possession of a stolen firearmRead the Press Release
Seattle – A man originally from Georgia pleaded guilty today in U.S. District Court in Seattle to arson and possession of a stolen firearm for his conduct during civil unrest on May 30, 2020, announced Acting U.S. Attorney Tessa M. Gorman. TYRE WAYNE MEANS, JR., 25, faces a mandatory minimum 5 years in prison and up to 20 years in prison when he is sentenced by U.S. District Judge Richard A. Jones on June 11, 2021.
According to records filed in the case, just after 4 p.m. on May 30, 2020, MEANS, JR., was captured on video lighting a paper towel and placing it in the back of a Seattle Police patrol car parked outside of Nordstrom on Sixth Avenue in downtown. Other persons in the crowd fed the fire with lighter fluid and other accelerants, and the vehicle was destroyed by fire. After he lit one patrol car on fire, MEANS, JR., is observed on video reaching through the destroyed rear window of a different patrol car and removing a rifle bag. MEANS, JR., opened the bag and looked inside. MEANS, JR., is seen fighting with an unidentified man who tried to retrieve the rifle bag before MEANS, JR., ran from the scene. A subsequent surveillance video on Pine Street, around the corner from where the rifle was stolen, shows MEANS, JR., in a fight with another man. While MEANS, JR., and the man are throwing punches, an unidentified man picks up the rifle bag and ultimately walks away. Later that day, the rifle was anonymously returned to the Seattle Police West Precinct.
MEANS, JR., was identified as the suspect in the video by his distinctive clothing, jewelry, tattoos, and association with a female who also had distinctive tattoos and a significant social media presence. MEANS, JR., was arrested in Bremerton, Washington, where he was meeting with his Washington State Department of Corrections probation officer.
MEANS, JR., is prohibited from possessing firearms due to two felony convictions in the state of Georgia: serious injury by vehicle and obstructing law enforcement by use of threats or violence. In Washington, MEANS, JR., has a felony conviction for domestic violence that includes a no-contact order–that order also prohibits him from possessing firearms.
Arson is punishable by a mandatory minimum 5 years in prison and up to 20 years in prison. Possession of a stolen firearm is punishable by up to 10 years in prison. Both the prosecution and defense will recommend a 5-year prison term; however, the ultimate sentence is up to Judge Jones after considering the sentencing guidelines and other factors.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the FBI and the Seattle Police Department.
The case is being prosecuted by Assistant United States Attorney Todd Greenberg.
Rhode Island Man Sentenced for Foreign Travel to Engage in Sex with a MinorRead the Press Release
PROVIDENCE – A Pawtucket man who traveled from Rhode Island to Winnipeg, Canada, to engage in illicit sexual activity with a 13-year-old girl he befriended on social media was sentenced today to 72 months in federal prison.
According to court documents, prior to traveling to Canada in April 2019 to engage in sexual contact with the minor girl, Herbert J. Rodas, 24, communicated with the victim online for several months, sending obscene images of himself and soliciting sexually explicit photographs in return.
In June 2019, the Winnipeg Police Service contacted the Rhode Island State Police Internet Crimes Against Children Task Force (ICAC) and Homeland Security Investigations (HSI) in Rhode Island to report the sexual assault of a 13-year-old female. Winnipeg Police developed information that Herbert Rodas had travelled from the United States to Canada in April 2019 to engage in sexual activity with the minor victim.
At the time of his guilty plea in federal court in Providence to charges of engaging in illicit sexual conduct with a minor in foreign places, transferring obscene material to a minor, and receipt of child pornography, Rodas admitted to the court that on April 25, 2019, he flew to Canada, rented a hotel room in his name for which he paid cash, and over the next three days he met with the victim on several occasions to engage in illicit sexual activity.
At sentencing today, US. District Court Judge Mary S. McElroy sentenced Rodas, who has been released on home detention with electronic monitoring since his arrest in July 2019, to 72 months in federal prison to be followed by 10 years of federal supervised release, announced Acting United States Attorney Richard B. Myrus, Homeland Security Investigations Acting Special Agent in Charge William S. Walker, and Rhode Island State Police Superintendent Colonel James M. Manni.
The case was prosecuted by Assistant United States Attorney John P. McAdams.
Acting U.S, Attorney Myrus thanks the officers of the Winnipeg Police Department for their assistance in this investigation.
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Rapid City Man Sentenced to Prison for Receipt of Child PornographyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Receipt of Child Pornography was sentenced on March 4, 2021, by U.S. District Judge Jeffrey L. Viken.
James Dakota Miller, age 21, was sentenced to five years in federal prison, followed by five years supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Miller will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.
Miller was arrested and federally indicted following multiple Cybertips from the National Center of Missing and Exploited Children. The Cybertips included images of child pornography of young children found among Miller’s possession.
The investigation was conducted by the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Miller was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced on Robbery ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of two counts of Interference with Commerce by Robbery (Hobbs Act) was sentenced by Jeffrey L. Viken, U.S. District Judge.
Michael Daker, age 59, was sentenced on March 5, 2021, to 13 years in federal prison, followed by three years of supervised release, and was ordered to pay a $200 special assessment to the Federal Crime Victims Fund and restitution in an amount to be determined at a later date.
The conviction stems from Daker forcibly robbing a Yesway Convenience Store in Spearfish, and a BP Casino in Rapid City in March 2020.
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 its 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 local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Firearms, Tobacco, and Explosives, the Rapid City Police Department, and the Spearfish Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Daker was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Indicted on Child Pornography ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man was charged in federal district court with Receipt of Child Pornography and Possession of Child Pornography.
Matthew Buchko, age 38, was charged on February 18, 2021. Buchko appeared before U.S. Magistrate Judge Daneta Wollmann on March 3, 2021, and pleaded not guilty to the charges. The penalty upon conviction is a mandatory minimum of 5 years up to 20 years in prison and/or a $250,000 fine, a minimum of 5 years up to lifetime supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Buchko knowingly receiving and possessing images of child pornography between September 2019 and February 2020 at Rapid City. The charges are merely an accusation and Buchko is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah Collins is prosecuting the case.
Buchko was detained pending trial. A trial date has been set for May 11, 2021.
Rapid City Man Charged with Second Degree MurderRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder and Discharging, Brandishing, or Possessing a Firearm During and in Relation to a Crime of Violence.
Phillip Pond, age 39, appeared before U.S. Magistrate Judge Daneta Wollmann on March 3, 2021, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction for each charge is up to life in prison, and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Pond shooting and killing a man on November 22, 2020, at Pine Ridge.
The charges are merely accusations and Pond is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Heather Sazama is prosecuting the case.
Pond was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for April 27, 2021.
Raleigh Man Convicted of Mail Fraud, Wire Fraud, and Identity Theft for Stealing from Elderly ClientRead the Press Release
NEW BERN, N.C. – A federal jury convicted a Raleigh man today on eleven counts of mail fraud, eleven counts of wire fraud, and two counts of aggravated identity theft.
According to court records and evidence presented at trial, Furman Alexander Ford, 51, was a New York Life (NYL) financial advisor who was advising a 72-year-old client who had recently inherited real property valued at $1.3 million.
Ford assisted in the sale of the property and the setting-up of a charitable annuity trust with NYL using the sale proceeds. Ford worked as an insurance and financial agent at NYL from 2012 to 2015, and the victim was his primary client while employed at NYL. The charitable annuity was set-up to pay the victim $6,000 per month during her lifetime. As part of Ford’s responsibility as the victim’s financial agent, he drafted and submitted authorized letters of withdrawal from her annuity account to pay for certain expenses. Under NYL customer service guidelines, the financial agent is required to have the client sign the withdrawal letter in person with “wet ink” before submitting it to NYL via the mail. The funds would then be electronically wired to the recipient as directed by the client with their full knowledge and consent.
During the investigation, agents identified twenty separate fraudulent letters of withdrawal drafted by Ford and submitted to NYL headquarters in New York, NY, on behalf of Ms. Jones. The letters were all mailed by Ford via UPS from his office in Raleigh. The funds requested ranged from $5,000 to $45,000 and totaled over $400,000. The proceeds were then electronically wired by NYL to Ford’s personal checking account. An FBI financial analysis traced the funds to the purchase by Ford of various personal items, including a BMW vehicle, Rolex watches, firearms, child support, and a cruise to the Bahamas. On December 29, 2014, Ford withdrew $1 million from the victim’s annuity account. Ford stole over $1.3 million from the victim.
“Integrity and trust are characteristics that all financial agents should embody,” said Acting United States Attorney Acker. “Unfortunately, the defendant used his position to prey upon one of our nation’s most vulnerable citizens and today he was held accountable for his criminal actions. Our office is dedicated to prosecuting fraud cases, particularly those directed at the elderly, and will continue to use our resources to bring to justice those who take advantage of others to line their pockets with money.”
Ford faces a maximum penalty of 444 months in prison when sentenced during the August 3, 2021 term of court.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after U.S. District Judge Louise W. Flanagan accepted the verdict. The United States Postal Inspectors and the Federal Bureau of Investigation investigated the case, and Assistant U.S. Attorney Ethan A. Ontjes and Special Assistant United States Attorney Tamika Moses prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No.5:20-cr-00351-FL-1.
Pittsburgh Man Indicted on Child Sexual Exploitation Charges following FBI InvestigationRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania has been indicted by a federal grand jury in Pittsburgh on charges of Distribution, Receipt, Attempted Distribution and Receipt, and Possession of Material Depicting the Sexual Exploitation of Minor, Acting United States Attorney Stephen R. Kaufman announced today.
The four-count Indictment, returned on February 16, 2021, named David Saban, age 45, as the sole defendant. Saban was ordered detained pending trial.
According to the Indictment, on May 18 and May 27, 2020, Saban knowingly distributed and attempted to distribute visual depictions, namely, videos in computer graphic and digital files, the production of which involved the use of a minor engaging in sexually explicit conduct. It is also alleged that on August 16, 2020, Saban attempted to and did knowingly receive and distribute such material. The grand jury further alleges that on September 1, 2020, Saban knowingly possessed visual depictions of minors engaging in sexually explicit conduct.
The law provides for a maximum total sentence of not more than seventy years in prison, a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Heidi M. Grogan is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pittsburgh Felon Indicted for Illegal Possession of a Gun and AmmunitionRead the Press Release
PITTSBURGH, PA. - One resident of Pittsburgh, PA, has been indicted by a federal grand jury in Pittsburgh on a charge of possession of a firearm and ammunition by a convicted felon, Acting United States Attorney Stephen R. Kaufman announced today.
The one-count Indictment named Dreshawn McBroom, 33, as the sole defendant.
According to the Indictment presented to the grand jury, on February 19, 2021, McBroom was found to be in possession of a firearm and ammunition. His prior felony convictions make it unlawful for him to possess a firearm.
The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. The defendant is currently being detained at Allegheny County Jail.
Assistant United States Attorney Michael R. Ball is prosecuting this case on behalf of the government.
The Drug Enforcement Agency (DEA) and the Pittsburgh Bureau of Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pittsburgh Felon Admits Violating Federal Drug and Gun LawsRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to charges of violating federal narcotics and gun laws, Acting United States Attorney Stephen R. Kaufman announced today.
Brandon Calhoun, age 29, of 1929 Columbia Avenue, Pittsburgh, Pennsylvania, pleaded guilty to one count before United States District Judge Marilyn J. Horan.
In connection with the guilty plea, the court was advised that from September 2017 until November 2019, Calhoun conspired to possess with the intent to distribute and did distribute 40 grams or more of fentanyl, a Schedule II controlled substance. The court was further advised that on September 27, 2019, Calhoun possessed a firearm and ammunition, knowing he had been convicted of a crime punishable by imprisonment exceeding one year. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm.
Judge Horan scheduled sentencing for June 29, 2021 at 9:30 a.m. The law provides for a total sentence of not less than five and not more than 40 years in prison, a fine of $5,250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway and Brian M. Czarnecki are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Monroeville Police Department, the Attorney General’s Office, the Drug Enforcement Agency’s Maryland Office, and the Allegheny County Police Department conducted the investigation that led to the prosecution of Calhoun.
Okmulgee Resident Pleads Guilty to Assault Resulting in Serious Bodily Injury in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Ronald Weslee Spears, age 58, of Okmulgee, Oklahoma entered a guilty plea to Assault Resulting in Serious Bodily Injury In Indian Country, in violation of Title 18, United States Code, Sections 113(a)(6), 1151 and 1152, punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
On November 24, 2020, in Okmulgee, Oklahoma, the defendant shot B.P., in the hip, with a black powder pistol. As a result of being shot, B.P. suffered extreme physical pain, was at risk of death, and required hospitalization for several days. The shooting took place within the territorial boundaries of the Muskogee Creek Nation and the Eastern District of Oklahoma. The victim, B.P., is a member of the Muskogee Creek Nation.
The charges arose from an investigation by the Okmulgee Police Department and the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Nalani Ching represented the United States.
Norwalk Man Sentenced to 10 Years in Prison for Third Federal Narcotics ConvictionRead the Press Release
Leonard C Boyle, United States Attorney for the District of Connecticut, announced that DOMENICO SANDALO, 46, of Norwalk, was sentenced today by U.S. District Judge Vanessa L. Bryant to 120 months of imprisonment, followed by eight years of supervised release, for trafficking cocaine and other drugs. Judge Bryant also ordered Sandalo to pay a $5,000 fine.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the sentencing occurred via videoconference.
According to court documents and statements made in court, Sandalo was previously convicted of federal narcotics trafficking offenses in 2011 and 2013. In June 2019, the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force, Stamford Police Department and Norwalk Police Department received information that Sandalo was in possession of a large quantity of cocaine, oxycodone pills and marijuana. On June 7, 2019, Sandalo was arrested after investigators conducted a court-authorized search of his residence and seized approximately 600 grams of cocaine, six kilograms of marijuana, 77 oxycodone pills, 46 fentanyl pills, 771 THC vape cartridges, and $53,943 in cash.
On December 11, 2020, Sandalo pleaded guilty to one count of possession with intent to distribute 500 grams or more of cocaine.
Sandalo, who is released on a $1.5 million bond, is required to report to prison on August 4, 2021.
The DEA’s Bridgeport HIDTA Task Force, includes personnel from the DEA Bridgeport Resident Office, the Connecticut State Police, and the Bridgeport, Norwalk, Stamford, Stratford, Milford and Danbury Police Departments.
This case was prosecuted by Assistant U.S. Attorney Maria del Pilar Gonzalez.
North Tonawanda Man Indicted for COVID-19 Relief Fraud and Credit Card FraudRead 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 a federal grand jury has returned a five-count indictment charging Michael Kornaker, 50, of North Tonawanda, NY, with wire fraud and aggravated identity theft. The charges carry a minimum penalty of two years in prison, a maximum penalty of 20 years, and a $250,000 fine.
“As alleged in the indictment, the defendant’s conduct has demonstrated that he is a serial fraudster who will stop at nothing to fill his own pockets with money intended for those in need,” stated U.S. Attorney Kennedy. “Let this prosecution put the defendant and others like him on notice—we are paying attention, and if you commit fraud trying to enrich yourselves with money earmarked for those hardest hit by the pandemic, then the only return you should expect to receive is one from a federal grand jury in the form of an indictment.”
Assistant U.S. Attorney Douglas A. C. Penrose, who is handling the case, stated that according to the indictment and a previously filed complaint, Kornaker was recently released from federal prison following a prior fraud conviction and was on supervised release. Between June and August 2020, the defendant fraudulently applied for an Economic Injury Disaster Loan (EIDL) through the U.S. Small Business Administration (SBA). The EIDL program provides funds to small businesses or private, non-profit organizations that suffer substantial economic injury as a result of a declared disaster, including the COVID-19 pandemic. Kornaker applied for $60,500 by using the name and personal information of another person and without that person’s permission. In addition, the defendant fraudulently applied for an American Express credit card using the same person’s name and personal information and without their permission.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Internal Revenue Service Criminal Investigation, under the direction of Special Agent-in-Charge Jonathan D. Larsen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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New Orleans Attorney Pleads Guilty to Tax Fraud ChargeRead the Press Release
LAFAYETTE, La. - Acting United States Attorney Alexander C. Van Hook announced that Robert Hjortsberg, 38, of New Orleans, Louisiana, pleaded guilty today in United States District Court in New Orleans, to one count of willful failure to file a tax return.
According to documents presented at the guilty plea hearing, Hjortsberg was employed as an attorney at the Jason R. Williams Law Firm in New Orleans, Louisiana in 2017. Hjortsberg and his spouse were required to file an income tax return for the 2017 tax year by October 15, 2018. He failed to file a return by that date even though he knew he was required to do so. Hjortsberg did not file his return for the 2017 tax year until July 28, 2020.
At the guilty plea hearing, Hjortsberg acknowledged and agreed that restitution is due and payable to the Internal Revenue Service in the amount of $31,651. He faces a maximum penalty of not more than 1 year in prison, a $25,000 fine, or both, at sentencing. The sentencing hearing has been set for June 16, 2021.
The Internal Revenue Service and FBI conducted the investigation and Assistant United States Attorneys Kelly P. Uebinger and David J. Ayo are prosecuting the case.
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National Consumer Bankruptcy Law Firm Agrees to Pay More than $300,000 in Relief to Consumers and to a Six-Year Practice Ban in Settlement with U.S. Trustee ProgramRead the Press Release
The Department of Justice’s U.S. Trustee Program (USTP) has entered into a settlement with national consumer bankruptcy law firm Deighan Law LLC, previously known as Law Solutions Chicago and doing business as UpRight Law (UpRight). The settlement is set forth in a consent order entered by the Bankruptcy Court for the District of Montana on March 9 and resolves enforcement actions filed by the USTP over allegations of misconduct relating to UpRight’s representation of Montana consumers as debtors or prospective debtors in bankruptcy cases. As stipulated in the settlement, UpRight has paid or will pay more than $300,000 in monetary relief and will be barred from representing bankruptcy clients in Montana for six years.
As a result of dozens of USTP actions filed since 2016, UpRight has paid or been ordered to pay almost $900,000 in monetary relief, including returning fees to over 500 impacted consumers and paying court-ordered sanctions, attorney’s fees, and costs. Additionally, bankruptcy courts have imposed practice bans against UpRight in at least four jurisdictions.
“Lawyers who misrepresent their services to vulnerable clients and fail to perform as promised harm debtors, creditors, and the integrity of the bankruptcy system,” said USTP Director Cliff White. “This settlement shows that the USTP will continue to hold accountable attorneys who fail to adequately and honestly represent their clients.”
In the current matter, the USTP alleged that UpRight engaged in misconduct and misrepresentations impacting hundreds of Montana consumers, which came to light due to investigations by the USTP in two bankruptcy cases. In one case, UpRight substantially delayed filing its client’s bankruptcy case for almost a year after it misrepresented that it had a local attorney who was licensed in Montana available to file the case. UpRight’s delay resulted in a creditor garnishing more than $6,000 of the debtor’s wages. In the other case, UpRight obtained payment of its attorney’s fees by advising the debtors to participate in an improper scheme whereby they surrendered their vehicle to an out-of-state towing company. Another bankruptcy court previously sanctioned UpRight for implementing the towing program—which it used in more than 200 cases across the country—describing it as a “scam from the start,” and the towing company’s owners were indicted for their role in the scheme. UpRight’s advice resulted in the debtors being sued by their automobile lender for conversion of its collateral.
In the settlement, UpRight does not contest the USTP’s allegations that it engaged in misconduct in the course of its dealings with Montana consumers, including misrepresenting that it had a sufficient number of local Montana-licensed attorneys available to provide adequate bankruptcy representation, misrepresenting to clients the scope of legal services to be provided and the cost of those services, failing to timely provide its clients with written retainer agreements that clearly and conspicuously explained the legal services to be provided and the cost of those services, failing to discuss non-bankruptcy alternatives, failing to adequately supervise the firm’s non-attorney staff (some of whom engaged in the unauthorized practice of law), providing erroneous legal advice, and failing to adequately supervise its Montana “partner” attorneys. This misconduct contributed to UpRight’s substantial delay in filing bankruptcy cases for Montana consumers. In addition, UpRight filed bankruptcy cases for only 109 of the 473 Montana clients from whom the firm collected at least a partial fee.
To resolve the USTP’s allegations of misconduct, UpRight has refunded or will refund more than $300,000 in fees paid by Montana consumers for whom UpRight never filed a bankruptcy case. UpRight also agreed to pay a civil penalty of $10,309 and to return all fees, totaling $3,770, to the debtors in the two cases in which the USTP brought its enforcement actions. Additionally, UpRight will be barred from accepting bankruptcy clients or providing bankruptcy services to consumers in Montana, effective July 2, 2018, through July 2, 2024.
While the agreement resolves disputes with the USTP in the two underlying bankruptcy cases, it does not impact the rights of the debtors in those cases or any other parties or government agencies not participating in the settlement, including other Montana consumers, nor does it impact the USTP’s rights to litigate enforcement actions against UpRight in other jurisdictions or to seek redress in other Montana cases. The two underlying cases are captioned In re Dailey, Case No. 15-61088-7 (Bankr. D. Mont.), and In re Emerson, Case No. 16-60056-7 (Bankr. D. Mont.).
The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The Program has 21 regions and 90 field office locations. Learn more information on the Program at: https://www.justice.gov/ust.
Nashua Man Sentenced to 120 Months for Drug Trafficking ConspiracyRead the Press Release
CONCORD - Terray Morrison, 32, of Nashua, was sentenced to 120 months in federal prison for conspiracy to distribute, and possess with intent to distribute, controlled substances, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, Morrison was one of the leaders of a drug trafficking organization that distributed crack cocaine and other drugs to customers in the Nashua area. During an investigation that included the use of wiretaps, Morrison took orders from customers and sent other members of the conspiracy to make drug deliveries on his behalf. He and his co-conspirators operated two stash houses in Nashua and were responsible for the distribution of substantial quantities of crack cocaine.
Morrison is one of eleven individuals charged with participating in this conspiracy. Nine have pleaded guilty and two are awaiting trial. Several members of the conspiracy have received substantial prison sentences. Melvin Nooks, Jr. was sentenced on April 2, 2020, to 120 months. George Cruz was sentenced on July 30, 2020, to 63 months. Mallory Nooks was sentenced on February 25, 2020, to 60 months. Marvin Morrison was sentenced on May 13, 2020, to 15 months. Don Johnson was sentenced on February 13, 2020, to 42 months. Isaiah Kinard pleaded guilty on December 18, 2019, Lawrence Fortenberry pleaded guilty on January 7, 2020, and William Greenleaf pleaded guilty on January 14, 2020. Kinard, Fortenberry and Greenleaf all await sentencing. Arnetta Harris and Melvin Stanford are scheduled for trial in May of 2021.
Morrison previously pleaded guilty on December 1, 2020.
“Drug traffickers threaten our communities when they peddle crack and other dangerous substances,” said Acting U.S. Attorney Farley. “Thanks to the hard work of the FBI and our other law enforcement partners, this significant drug trafficking organization has been dismantled. As this case shows, we will not hesitate to seek substantial prison sentences for the drug dealers whose actions threaten the citizens of the Granite State.”
“Terray Morrison and his crew pushed vast amounts of crack cocaine and other drugs to customers in the Nashua area, in their continuous quest for illegal profits. He endangered the health and safety of those around him, and with today’s sentence he has finally been held accountable,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “This collaborative law enforcement effort has dismantled a large-scale drug trafficking organization that has brought danger to our community for years.”
The case was a collaborative investigation that involved the FBI New Hampshire Safe Streets Gang Task Force; the Nashua Police Department; the New Hampshire State Police; the Manchester Police Department; New Hampshire Probation and Parole; DEA; Massachusetts State Police Department; Portsmouth Police Department and the Federal Protective Service. The United States Marshals Service also assisted in the investigation.
The case is being prosecuted by Assistant U.S. Attorneys Georgiana MacDonald and Anna Krasinski.
This investigation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Missoula man accused of Flathead Valley methamphetamine trafficking admits crimesRead the Press Release
MISSOULA — A Missoula man suspected of trafficking large amounts of methamphetamine in the Flathead Valley and of having five pounds of meth at his shop admitted drug crimes on March 9, Acting U.S. Attorney Leif Johnson said.
Leon Paul Kavis, Jr., 36, pleaded guilty to conspiracy to possess with intent to distribute meth and to possession with intent to distribute meth. Kavis faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Kavis was detained pending further proceedings,
U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for July 8 before U.S. District Judge Dana L. Christensen. Kavis was detained pending further proceedings.
In court documents filed in the case, the government alleged that Kavis was identified to law enforcement as a source of meth in the Flathead Valley from about November 2019 to November 2020. California authorities also identified Kavis as working with individuals to bring to meth to Montana for distribution.
The government further alleged witnesses would testify that Kavis sold them meth, observed him with pounds of meth, including up to 15 pounds on one occasion, that he always carried a firearm for protection and often had large sums of cash, ranging from $30,000 to $50,000.
The government also alleged that packages were being sent from California to Kavis’ shop in East Missoula. Officers executed a search warrant on one of the packages at the shop and found it contained about five pounds of meth, which is the equivalent of about 18,120 doses. The package was addressed to Kavis’ shop and had Kavis’ number listed.
Kavis contested aspects of the government’s case.
Assistant U.S. Attorney Jennifer Clark is prosecuting the case, which was investigated by the FBI, Missoula Police Department and Flathead County Sheriff’s Office.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 48% from 2013 to 2019. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Michigan Man Indicted in Western PA for Meth PossessionRead the Press Release
PITTSBURGH - One resident of River Rouge, Michigan, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, Acting United States Attorney Stephen R. Kaufman announced today.
The one-count Indictment named Martell Agee, 31, as the sole defendant.
According to the Indictment, on or about December 1, 2020, Agee possessed with the intent to distribute 500 grams or more of methamphetamine, a Schedule II controlled substance.
The law provides for a maximum total sentence of not less than ten years to a maximum of life in prison, a fine not to exceed $10,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Ira M. Karoll is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Drug Enforcement Administration and Pennsylvania State Police conducted the investigation leading to the Indictment in this case, which was coordinated with the Greene County District Attorney’s Office.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Miami Man Pleads Guilty to Money Laundering Conspiracy in Connection with Nationwide Gas Station Skimming SchemeRead the Press Release
ALBANY, NEW YORK – Yanio Montes De Oca, age 33, of Miami, Florida, pled guilty today to participating in a conspiracy to launder funds derived from a nationwide gas station skimming scheme that involved stealing the banking and personal information of residents of Upstate and Central New York who used the “pay at the pump” feature to make gasoline purchases.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Inspector in Charge Joseph Cronin, Boston Division, United States Postal Inspection Service (USPIS).
As part of his guilty plea, De Oca admitted to being a part of a conspiracy that, between December 2015 and July 2019, laundered thousands of gift cards that were obtained using fraudulent debit and credit cards encoded with information stolen using gas station skimming devices. After obtaining the gift cards from co-conspirators, De Oca sold them on a gift card exchange website using a “bulk seller” account he established in the name of a Florida company he created in 2015 for that purpose. After selling the fraudulently obtained gift cards, De Oca transferred the resulting amounts to bank accounts he controlled. De Oca then distributed some of the money he obtained through gift card sales to other conspirators, retaining the rest of the funds for himself. As part of his plea agreement, De Oca agreed to be subject to a forfeiture money judgment in the amount of $1,020,193.10.
A sentencing hearing is set for July 13, 2021, before Senior United States District Judge Gary L. Sharpe. De Oca faces up to 20 years in prison; a fine of up to $500,000 or twice the value of the property involved in the transaction, whichever is greater; and up to 3 years of supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI Albany Field Office and USPIS Boston Division, with assistance from the FBI Field Offices in Miami and Pittsburgh, the USPIS Miami Division, and the United States Secret Service Miami Field Office. The case is being prosecuted by Assistant U.S. Attorneys Rick Belliss and Emily C. Powers.
Maryland Woman Sentenced for Role in Money Laundering SchemeRead the Press Release
PITTSBURGH – Nicole Bracey was sentenced to 3 years of probation for conspiring to launder drug trafficking proceeds between 2017 and 2019, Acting United States Attorney Stephen R. Kaufman announced today.
Bracey, age 45 of Waldorf, Maryland, was sentenced by United States District Judge J. Nicholas Ranjan. Judge Ranjan directed that Bracey serve 150 hours of community service while on probation.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Drug Enforcement Administration, the Internal Revenue Service, the Federal Bureau of Prisons, and the Pennsylvania Office of Attorney General led the multi-agency investigation that also included the United States Postal Inspection Service, the Beaver County District Attorney’s Office, the Department of Homeland Security/Homeland Security Investigations, the Pittsburgh Police Department, the United States Marshals Service, the Pennsylvania State Police, the Munhall Police Department, the Robinson Township Police Department, the McKees Rocks Police Department, the Stowe Township Police Department, the Etna Police Department, and the Erie County District Attorney’s Office.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Marion County man admits to meth chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – James Charles Costello, of Fairmont, West Virginia, has admitted to distributing methamphetamine, Acting United States Attorney Randolph J. Bernard announced.
Costello, 52, pleaded guilty today to one count of “Distribution of Fifty Grams or More of Methamphetamine.” Costello admitted to selling 50 grams or more of methamphetamine for $7,500 in July 2020 in Marion County.
Costello is facing at least five and up to 40 years of incarceration and a fine of up to $5,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Brandon S. Flower is prosecuting the case on behalf of the government. The Greater Harrison Drug Task Force, a HIDTA-funded initiative, investigated. The task force is comprised of the Drug Enforcement Administration, the West Virginia State Police, the Harrison County Sheriff’s Office, the Clarksburg Police Department, and the Bridgeport Police Department.
U.S. Magistrate Judge Michael John Aloi presided.
Man Who Brandished Assault Rifle at Black Lives Matter Protest Sentenced to 46 MonthsRead the Press Release
A man who brandished an assault rifle at a Black Lives Matter protest in Lubbock has been sentenced to 46 months in federal prison, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Emmanuel Quinones, a 25-year-old local, was charged via criminal complaint in early June and indicted a week later. He pleaded guilty to interstate threatening communications in September and was sentenced on Tuesday by U.S. District Judge James Wesley Hendrix.
“The Department of Justice stands firmly against anyone and everyone who seeks to instill terror and encourage violence,” said Acting U.S. Attorney Prerak Shah. “This sentence sends a clear message that our office will continue to work with our law enforcement partners to apprehend and charge all violent instigators, while protecting those who want to lawfully exercise their constitutional rights.”
“Together, our local, state, and federal partners work to protect those participating in legitimate, peaceful protests,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “The intimidating and violent behavior exhibited by Mr. Quinones while individuals exercised their First Amendment rights has been swiftly answered with today’s sentence.”
According to plea papers, Mr. Quinones admitted he brought a loaded Smith & Wesson .223 caliber semi-automatic rifle to a protest decrying the death of George Floyd. He also admitted that, prior to the protest, he posted threatening messages online. For example, in a May 28 Facebook post, he intimated that he planned to obtain gun parts “to off racists and MAGA people.”
In view of the protesters, Mr. Quinones held the rifle at “low ready,” in firing position with the muzzle pointed toward the ground, as panic rippled through the assembled crowd. (Although Texas is an open-carry state, the Texas Penal Code makes it illegal to display a firearm in a public place “in a manner calculated to alarm.”) He refused a Lubbock Police officer’s verbal commands to drop the rifle, and only did so when the officer drew his gun and a protestor moved to tackle him. As he was taken into custody, Mr. Quinones allegedly shouted “this is a revolution” and “President Trump must die.”
The Federal Bureau of Investigation Dallas Field Office, Lubbock Resident Agency, the United States Secret Service, the United States Bureau of Alcohol, Tobacco, Firearms, & Explosives Dallas Field Division, and the Lubbock Police Department conducted the investigation. Assistant U.S. Attorney Jeff Haag is prosecuting the case.
Lubbock Area Bank Robber Sentenced to 20 Years in PrisonRead the Press Release
A Lubbock area bank robber was sentenced to 20 years in federal prison, the statutory maximum, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Eric Dion Warren, 50, plead guilty to bank robbery in August 2020 and was sentenced Tuesday by U.S. District Judge James Wesley Hendrix.
According to court documents, on June 7, 2019, at approximately 12:45 p.m., Mr. Warren entered AIM Bank in Wolfforth, Texas. He approached one of the tellers and placed a paper fast food bag and a demand note on the counter which read: “This is a f------ robbery. Play with me and die. I want $10,000 in 50 and 100 dollar bills now you got 1 minute or I will kill you.” Mr. Warren then pulled out what appeared to be a handgun and said, “I ain’t playing around, I only want 100s and 50s.”
The teller gave Mr. Warren money from her drawer including strapped twenty-dollar bills with recorded serial numbers. After the teller placed the money in Mr. Warren’s bag, he said, “Don’t push any buttons” and then fled the scene with several thousand dollars currency.
Mr. Warren admitted to driving away in a vehicle that had been loaned to him by a car dealership, while the sale of a black BMW was being finalized. Approximately 15 minutes after the robbery took place, Mr. Warren arrived in the loaned vehicle at the car dealership in Lubbock. Mr. Warren began waving the cash that he had illegally obtained from the bank robbery at employees in the car dealership. He entered the dealership’s finance office and attempted to finalize the purchase of the BMW by giving the dealership $3,000 cash as a down payment.
While Mr. Warren was in the dealership’s finance office, an employee received a phone call informing him of the recent bank robbery. The employee realized that the vehicle used in the bank robbery matched the vehicle the dealership had loaned to Mr. Warren and he alerted law enforcement.
Mr. Warren was arrested with $5,086 in cash. The serial numbers of the money found on Mr. Warren’s person were cross-referenced and matched the numbers of the bills stolen from AIM bank. Law enforcement also recovered a painted pellet gun, resembling a real handgun, approximately 10 feet way from Mr. Warren at the time of his arrest. The demand note given to the teller at the bank was analyzed and confirmed the existence of Mr. Warren’s fingerprints and DNA.
The FBI’s Lubbock Resident Agency conducted the investigation. Assistant U.S. Attorney Stephen Rancourt prosecuted the case.
KC Man Sentenced for $6 Million Ponzi SchemeRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Missouri, man was sentenced in federal court today for engaging in a $6 million Ponzi scheme that defrauded dozens of victim investors.
Matthew R. Peterson, 51, was sentenced by U.S. District Judge Howard F. Sachs to eight years and one month in federal prison without parole. The court also ordered Peterson to pay $2,516,010 in restitution to his victims.
On Sept. 10, 2020, Peterson pleaded guilty to one count of bank fraud and one count of money laundering.
Sports Wagering Investment Fraud
Peterson admitted that he operated an investment fraud scheme from 2012 to November 2016. During this scheme, Peterson persuaded at least 37 victims to invest approximately $6 million into sporting wagers.
Peterson lied to prospective investors about being an expert in sports betting in order to carry out his investment fraud scheme. Peterson created fictitious spreadsheets, financial statements and betting reports that indicated the investments were yielding large returns. Peterson, for the most part, did not invest funds on behalf of the investors. Instead, Peterson perpetrated a multimillion-dollar Ponzi scheme through which he fraudulently transferred new investor money to earlier investors, falsely representing these payments as profits earned on their funds invested with him. Peterson used about $3.3 million of the approximately $6 million obtained from investors to make Ponzi-type payments to existing investors.
Peterson spent approximately $565,000 of investor funds on luxury vacations for himself and his family, personal gambling, retail, automobiles, credit card payments, a house, and made cash withdrawals of more than $90,000 of investor money.
Peterson’s widespread criminal activity caused significant financial harm to numerous victims, who invested amounts ranging from $1,000 to $100,000. One of the investors, identified in court documents as T.C., went into business with Peterson. T.C. liquated his 401(k) retirement account and gave the net proceeds to Peterson. Peterson used T.C.’s personal identifiable information without T.C.’s knowledge or consent to obtain an American Express card. Peterson also made additional charges to the card, charging over $248,862 on this card without T.C.’s knowledge. Due to his scheme, financial institutions and credit card companies also incurred a loss of approximately $461,000.
Church Travel Fraud Scheme
According to court documents, Peterson also used his business to establish credibility within his church community as someone with great connections.
Peterson owned and operated AIS Travel, which attempted to find discounted deals for people who wanted to travel. Peterson approached his pastors about helping the church save money with his travel business. Peterson requested the church staff promote his business to church members and, in return, he would donate a portion of the profits to the church.
The pastors declined Peterson’s proposal, but told him they would consider using his business for church staff travel. In November 2016, Peterson approached church staff with a proposal that they should hold their staff retreat in Cancun, Mexico. The cost for approximately 20 people would be $18,000. The church paid Peterson over $16,000 for the airline tickets and room reservations before the date of travel. However, upon arrival at the airport, the church group learned that the tickets had never been purchased, and no reservations were made.
This case was prosecuted by Assistant U.S. Attorney Rudolph R. Rhodes IV. It was investigated by the FBI.
Justice Department Settles Claims Against Toms River, New Jersey over Zoning Code That Restricts Houses of WorshipRead the Press Release
The Justice Department today announced an agreement with the Township of Toms River, New Jersey, to resolve allegations that the Township violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by severely restricting where houses of worship can locate within its jurisdiction.
The proposed consent decree, which was filed today in the U.S. District Court of the District of New Jersey and must still be approved by the court, would resolve a lawsuit the United States also filed today alleging that the Township’s zoning code places unreasonable limits on where religious assemblies and institutions may locate, substantially burdens religious exercise and treats religious assemblies and institutions on less than equal terms with nonreligious assemblies and institution.
“RLUIPA protects people of all faiths in their right to exercise their religion,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Civil Rights Division. “The Department of Justice has long enforced RLUIPA against zoning regulations that unreasonably burden religious exercise by imposing unwarranted restrictions and conditions on the location of houses of worship.”
“Federal law protects religious communities against unequal treatment and unwarranted burdens,” said Rachael A. Honig, Acting U.S. Attorney for the District of New Jersey. “Zoning regulations that impose unreasonable restrictions or prevent religious faiths from having a place to worship violate RLUIPA. Through the resolution entered today, this office takes another step to put an end to unlawful zoning practices and vindicate the civil rights of minority religious communities in the District of New Jersey.”
The complaint alleges that since 2009, Toms River has enacted a series of revisions to its zoning code—including a ten-acre parcel minimum requirement—which greatly reduced both the number of zoning districts in which houses of worship can locate and the number of sites available for houses of worship. These restrictions have had a particular impact on the Township’s Orthodox Jewish population, who, because of their faith and religious traditions, tend to worship at small houses of worship which they walk to and from on the Sabbath and holidays. The complaint also alleges that the Township’s zoning ordinance treats houses of worship and other religious assemblies and institutions on less favorable terms than nonreligious assemblies and institutions.
As part of the consent decree, the Township will revise its zoning code to: reduce the minimum acreage required for a house of worship in many zoning districts from ten acres to two acres; allow houses of worship as-of-right in certain zoning districts; allow smaller houses of worship to be located on minor collector roads; and treat houses of worship on comparable terms to nonreligious places of assembly. The consent decree also requires the Township to train its officials and employees on RLUIPA’s requirements, establish a procedure for receiving and resolving RLUIPA complaints and other injunctive relief.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.
Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or the U.S. Attorney’s Office Civil Right Hotline at (855) 281-3339, or may submit a complaint through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.
Justice Department Settles Claims Against Toms River over Zoning Code that Restricts Houses of WorshipRead the Press Release
NEWARK, N.J. – The Justice Department today announced an agreement with the Township of Toms River, New Jersey, to resolve allegations that the township violated the Religious Land Use and Institutionalized Persons Act (RLUIPA), by severely restricting where houses of worship can locate within its jurisdiction.
The proposed consent decree, which was filed today in the U.S. District Court of the District of New Jersey and must still be approved by the court, would resolve a lawsuit the United States also filed today alleging that the township’s zoning code places unreasonable limits on where religious assemblies and institutions may locate, substantially burdens religious exercise, and treats religious assemblies and institutions on less than equal terms with nonreligious assemblies and institution.
“Federal law protects religious communities against unequal treatment and unwarranted burdens,” Rachael A. Honig, Acting U.S. Attorney for District of New Jersey, said. “Zoning regulations that impose unreasonable restrictions or prevent religious faiths from having a place to worship violate RLUIPA. Through the resolution entered today, this office takes another step to put an end to unlawful zoning practices and vindicate the civil rights of minority religious communities in the District of New Jersey.”
“RLUIPA protects people of all faiths in their right to exercise their religion,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Civil Rights Division. “The Department of Justice has long enforced RLUIPA against zoning regulations that unreasonably burden religious exercise by imposing unwarranted restrictions and conditions on the location of houses of worship.”
The complaint alleges that since 2009, Toms River has enacted a series of revisions to its zoning code – including a 10-acre parcel minimum requirement – which greatly reduced both the number of zoning districts in which houses of worship can locate and the number of sites available for houses of worship. These restrictions have had a particular impact on the township’s Orthodox Jewish population, who, because of their faith and religious traditions, tend to worship at small houses of worship, which they walk to and from on the Sabbath and Holidays. The complaint also alleged that the township’s zoning ordinance treats houses of worship and other religious assemblies and institutions on less favorable terms than nonreligious assemblies and institutions.
As part of the consent decree, the township will revise its zoning code to: reduce the minimum acreage required for a house of worship in many zoning districts from 10 acres to two acres; allow houses of worship as-of-right in certain zoning districts; allow smaller houses of worship to be located on minor collector roads; and treat houses of worship on comparable terms to nonreligious places of assembly. The consent decree also requires the township to train its officials and employees on RLUIPA’s requirements, establish a procedure for receiving and resolving RLUIPA complaints, and other injunctive relief.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339, or may submit a complaint through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.
The United States is represented by Assistant U.S. Attorney Michael E. Campion, Chief of the U.S. Attorney’s Office’s Civil Rights Unit, Civil Division, Assistant U.S. Attorney Susan Millenky, of the Civil Rights Unit, Civil Division, and Trial Attorneys Ryan G. Lee and Noah D. Sacks, U.S. Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section.
Justice Department Files Title VII Sex Discrimination Lawsuit Against Alabama Sheriff’s Office and the Mobile County SheriffRead the Press Release
The Department of Justice announced today that it has filed a lawsuit against the Mobile County Sheriff’s Office, Alabama’s second-largest sheriff’s office, and the Mobile County Sheriff, in his official capacity (collectively, MCSO).
The lawsuit alleges that MCSO discriminated against current and former female corrections officers and other similarly situated female employees on the basis of sex, in violation of Title VII of the Civil Rights Act of 1964, by subjecting them to a sexually hostile work environment. Title VII is a federal statute that prohibits employment discrimination on the basis of sex, race, color, national origin and religion.
The Department’s complaint, filed today in the U.S. District Court for the Southern District of Alabama, alleges that female corrections officers at MCSO were regularly subjected to severe and pervasive sexual harassment in the workplace by male inmates who frequently expose their genitals, masturbate, and direct sexual slurs, sexual propositions, threats of sexual violence and sexually degrading comments towards female employees. The complaint alleges that despite the employees’ numerous reports to MCSO supervisors objecting to the harassment, MCSO did not take the complaints seriously and failed to take prompt and effective action to remedy this harassing conduct.
“Nobody deserves to be sexually harassed while on the job,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Civil Rights Division. “The behavior to which these female employees were subjected is appalling, and the County’s failure to take action to protect its employees from such conduct is inexcusable.”
Twelve female correctional officers employed by the MCSO filed charges of sex discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC investigated the charges and found that there was a reasonable basis to believe that violations of Title VII had occurred. After unsuccessful conciliation efforts by the EEOC, the charges were referred by the EEOC to the Justice Department.
Through this lawsuit, the United States seeks monetary relief for the affected female employees and injunctive relief to require MCSO to develop and implement policies that would prevent and remedy sex-based harassment in the future.
Today’s lawsuit 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 United States is represented in the case by Senior Trial Attorneys Taryn Wilgus Null, Alicia Johnson, and Juliet Gray of the Civil Rights Division’s Employment Litigation Section.
Additional information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at https://www.justice.gov/crt.