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Thursday 14 January 2021
U.S. Penitentiary-Canaan Inmate Sentenced to 33 Months’ Imprisonment for Conspiracy to Assault A Government WitnessRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that United States District Court Judge Robert D. Mariani sentenced Troy J. Blanchard, age 31, of Portland, Maine, to 33 months’ imprisonment for conspiring to assault another inmate in retaliation for that individual’s past cooperation with law enforcement as a witness or informant.
According to Acting United States Attorney Bruce D. Brandler, on or about February 28, 2019, while incarcerated at the United States Penitentiary, Canaan (USP Canaan), in Waymart, Pennsylvania, Blanchard, along with a co-defendant, conspired to assault and did assault the victim, also an inmate at USP Canaan, by repeatedly striking the victim several times about the head and body with closed fists. The motivation for this assault was the defendants’ belief that the victim had been a government witness or informant. The 33-month sentence that Blanchard received was ordered to run consecutively to the federal sentence that Blanchard was serving at the time of the assault.
The matter was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Jeffery St John.
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U.S. Attorney’s Office Launches Operation Aimed at Prosecuting Child PredatorsRead the Press Release
U.S. Attorney Trent Shores today announced the launch of Operation Clean Sweep aimed at holding accountable child predators throughout the Northern District of Oklahoma.
Operation Clean Sweep concentrates law enforcement efforts on counteracting the spike in internet facilitated child-exploitation crimes. The operation further seeks to identify and rescue any child victims located during the investigation.
“Protecting children from harm remains a top priority for me. To that end, my team will use all available tools to identify and remove child predators from our community. Today I am announcing Operation Clean Sweep, an initiative designed to prioritize helping victims of child sex abuse and holding accountable any adult who possesses, distributes, or manufactures child pornography,” said U.S. Attorney Trent Shores. “I have designated Assistant U.S. Attorneys Chris Nassar and Edward Snow to lead this Operation taking down child predators. I have the utmost confidence that, along with the 11 participating law enforcement agencies, AUSAs Nassar and Snow will make our streets safer for children.”
The operation’s first seven defendants were arrested and charged with distribution and receipt of child pornography and with possession of child pornography. The men made initial appearances in U.S. District Court this week.
Defendants charged as part of the operation this week include:
- James Michael Brown, 63, of Tulsa (charged with possession of child pornography only)
- Michael Lee Figgeroa, 41, of Hominy
- Earl Hardy Morrow, 38, and Kory Morrow, 40, both of Broken Arrow
- Travis Pryce, 50, of Copan
- Aaron James Seney, 32, of Sapulpa
- Jerry Vantine, 74, of Tulsa
The production, consumption and trafficking of child pornography continues to expand at an exponential rate. In 2019, the National Center for Missing and Exploited Children’s CyberTipline received more than 45 million child pornography files in 16.9 million CyberTipline reports. Those numbers increased significantly when compared to the just over 1.1 million reports made to the CyberTipline in 2014.
Further, NCMEC experienced a 63 per cent increase in CyberTipline reports between January and September 2020 versus the same time period in 2019. Of the tips reported in 2020, there was a 98.6 per cent increase in the number of cases involving adults attempting to engage in a sex act with a child through use of the internet.
NCMEC’s CyberTipline is the nation’s centralized reporting system for the online exploitation of children. The public and electronic service providers can make reports of suspected online enticement of children for sexual acts, extra-familial child sexual molestation, child pornography, child sex tourism, child sex trafficking, unsolicited obscene materials sent to a child, misleading domain names, and misleading words or digital images on the internet. The CyberTipline can be found here.
Operation Clean Sweep is led by Assistant U.S. Attorney Christpher J. Nassar with support from Assistant U.S. Attorney Edward Snow. Law enforcement agencies taking part in the operation are the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, FBI, Oklahoma State Bureau of Investigation, Tulsa Police Department, Bristow Police Department, Broken Arrow Police Department, Owasso Police Department, Sand Springs Police Department, Jenks Police Department, Rogers Country Sheriff’s Office, and the Cherokee Nation Marshal Service.
The Operation is part of the Justice Department’s Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Two Winner Women Indicted for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that two Winner, South Dakota, women have been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Andrea Kindt, age 39, was indicted on November 20, 2020, and Amber Heth, age 39, was indicted on December 8, 2020. Kindt appeared before U.S. Magistrate Judge Mark A. Moreno on January 6, 2021, and pled not guilty to the Indictment. Heth appeared before U.S. Magistrate Judge Mark A. Moreno on January 8, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum five years, up to 40 years in prison and/or a $5,000,000 fine, at least four years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictments each allege that beginning at a time unknown, but no later than on or before March 1, 2020, Kindt and Heth knowingly and intentionally, combined, conspired, confederated, and agreed with persons known and unknown, to knowingly and intentionally distribute and possess with the intent to distribute 50 grams or more of methamphetamine in and around Winner.
The charges are merely accusations and Kindt and Heth are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Division of Criminal Investigation, and the South Dakota Highway Patrol. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Kindt was released pending trial. Heth was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 16, 2021.
Two Redford Charter Township Men Charged with Widespread Mail Theft, Identity Theft, and Bank FraudRead the Press Release
Two men from Redford Charter Township were charged in a criminal complaint for their alleged role in an ongoing fraud scheme, involving mail thefts in multiple cities throughout southeast Michigan over the past year, announced United States Attorney Matthew Schneider.
Joining in the announcement were Douglas Zloto, Special Agent in Charge, U.S. Secret Service, Detroit Field Office; Bryan Musgrove, Acting Inspector in Charge, Detroit Division, U.S. Postal Inspection Service; Michael Patton, Chief, West Bloomfield Police Department; and Jeff King, Chief, Farmington Hills Police Department.
Charged are Justin Lohman, 35; and Justin Cutshaw, 34.
According to the complaint, Lohman and Cutshaw are alleged to have stolen mail from over 200 individual victims across more than 30 different communities in Southeast Michigan, to include: Bloomfield Hills, Farmington Hills, Livonia, Westland, Canton, Plymouth, Northville, Novi, Clinton Township, and Redford Township. It is alleged that the men would frequently alter the “Payee” line and the amount of checks found within the mail, and then either cash those checks or use them to purchase construction equipment or other goods that they would later pawn. It is further alleged that the men also opened credit cards in various victims’ names. According the complaint, Lohman also manufactured fake IDs to assist in the fraud scheme. It is also alleged that Lohman obtained debit cards loaded with Unemployment Insurance benefits issued in the names of individuals in other states, which are believed to be the product of fraud.
“The U.S. mail is one of our most important public services and citizens need to be able to trust that sensitive financial information they send using the mail will arrive safely and securely. Stealing mail from people’s homes and using the information in that mail to commit identity theft is a very serious crime, and one that we will treat seriously every time,” stated United States Attorney Schneider.
“I appreciate the collaborative efforts of the South East Michigan Cyber Fraud Task Force, including the U.S. Postal Inspection Service and local law enforcement agencies, and the U.S. Attorney’s Office, to bring these two defendants to justice on charges relating to mail theft and identity theft, and protect the citizens of Michigan from this criminal activity,” said Special Agent in Charge Zloto.
“The U.S. Postal Inspection Service, the law enforcement and security arm of the Postal Service, is charged with safeguarding the nation’s mail – including the people who move it and the customers who use it. While the U.S. Mail remains one of the most secure means of transmitting personal information, thieves and fraudsters unfortunately attempt to exploit the postal system on occasion for personal gain. That is why U.S. Postal Inspectors work tirelessly to investigate postal-related crime and seek the maximum possible prosecution of those violators to keep you and your mail safe,” added Acting Inspector in Charge Musgrove.
A complaint is only a charge and is not evidence of guilt. Trial cannot be held on felony charges in a complaint. When the investigation is completed, a determination will be made whether to seek a felony indictment.
This case is being prosecuted by Assistant United States Attorney Ryan A. Particka. The investigation is being conducted by the Southeast Michigan Cyber Fraud Task Force (SEMCFTF), and is being led by agents from the United States Postal Inspection Service, with support from the West Bloomfield Police Department, the Farmington Hills Police Department, and the United States Secret Service.
Two Muskogee Residents Plead Guilty to Attempted Robbery in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Muskogee County residents Colton Delain Edwards, age 19, and Jakeyvious Dune Lee Key, age 19, each entered guilty pleas to Attempted Robbery In Indian Country, in violation of Title 18, United States Code, Sections 2111, 1151, 1153, and 2, punishable by up to 15 years’ imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about July 30, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendants, by force and violence and by intimidation, did attempt to take items of value from the person and presence of D.L.
The charges arose from an investigation by the Oklahoma State Bureau of Investigation, the Haskell Police Department, the Muskogee Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the pleas and ordered the completion of the presentence investigation reports.
Assistant United States Attorney Ryan Conway represented the United States.
Two Delaware Men Charged in Federal Court Following Events at the United States CapitolRead the Press Release
WASHINGTON, D.C. – Kevin Seefried and Hunter Seefried were charged today in federal court in the District of Columbia in connection with the riots at the U.S. Capitol on Wednesday, Jan. 6, 2021.
Kevin Seefried and Hunter Seefried each were charged by complaint with one count of knowingly entering or remaining in any restricted building or grounds without lawful authority, one count of violent entry and disorderly conduct on Capitol grounds, and one count of depredation of government property. Both defendants were taken into custody in Delaware today. It is alleged that during the events at the U.S. Capitol, Kevin Seefried and Hunter Seefried entered the Senate Building through a broken window and, shortly thereafter, Kevin Seefried was photographed holding a Confederate Battle flag inside the Capitol Building.
The details contained in the charging documents are allegations. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The cases are being prosecuted by the U.S Attorney’s Office for the District of Columbia and the Counterterrorism Section of the Department of Justice’s National Security Division. The cases are being investigated by the FBI’s Washington Field Office, the U.S. Capitol Police Department, and the Metropolitan Police Department. Valuable assistance was provided by Assistant United States Attorney Adrienne Dedjinou of the U.S. Attorney’s Office for the District of Delaware.
The ATF and FBI continue to urge the public to report suspected use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected] or submit information anonymously via ReportIt.com.
The FBI is looking for individuals who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at fbi.gov/USCapitol.
Toyota Motor Company to Pay $180 Million in Settlement for Decade-Long Noncompliance with Clean Air Act Reporting RequirementsRead the Press Release
The U.S. Department of Justice and U.S. Environmental Protection Agency (EPA) announced today that the United States has filed and simultaneously settled a civil lawsuit against Toyota Motor Corporation, Toyota Motor North America Inc., Toyota Motor Sales U.S.A. Inc., and Toyota Motor Engineering & Manufacturing North America Inc. (Toyota) for systematic, longstanding violations of Clean Air Act emission-related defect reporting requirements, which require manufacturers to report potential defects and recalls affecting vehicle components designed to control emissions.
Along with the civil complaint, the United States has filed a consent decree, agreed to by Toyota, that resolves the government’s complaint through Toyota’s payment of a $180 million civil penalty and the imposition of injunctive relief. The $180 million penalty is the largest civil penalty for violation of EPA’s emission-reporting requirements. The injunctive provisions require Toyota to follow compliance and reporting practices designed to ensure timely investigation of emission-related defects and timely reporting to EPA, and include training, communication, and oversight requirements. The consent decree remains subject to a period of public comment and court approval.
“This settlement is yet another important milestone settlement for this Administration, and it continues our unwavering commitment to ensuring that our environmental laws as written, including EPA’s regulations, are rigorously enforced,” said Jeffrey Bossert Clark, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division.
“For a decade, Toyota systematically violated regulations that provide EPA with a critical compliance tool to ensure that vehicles on the road comply with federal emissions standards,” said Audrey Strauss, Acting U.S. Attorney for the Southern District of New York. “Toyota shut its eyes to the noncompliance, failing to provide proper training, attention, and oversight to its Clean Air Act reporting obligations. Toyota’s actions undermined EPA’s self-disclosure system and likely led to delayed or avoided emission-related recalls, resulting in financial benefit to Toyota and excess emissions of air pollutants. Today, Toyota pays the price for its misconduct with a $180 million civil penalty and agreement to injunctive relief to ensure that its violations will not be repeated.”
“For a decade Toyota failed to report mandatory information about potential defects in their cars to the EPA, keeping the agency in the dark and evading oversight,” said Susan Bodine, EPA’s Office of Enforcement and Compliance Assurance Assistant Administrator. “EPA considers this failure to be a serious violation of the Clean Air Act.”
The complaint filed in Manhattan federal court today alleges that from approximately 2005 until at least late 2015, Toyota systematically violated Clean Air Act automobile defect reporting requirements designed to protect public health and the environment from harmful air pollutants.
Clean Air Act regulations require manufacturers to notify EPA by filing an Emissions Defect Information Report (EDIR) when 25 or more vehicles or engines in a given model year have the same defect in an emission control part or an element of design installed in order to comply with emission standards and other EPA regulations. The regulations also require vehicle manufacturers to file a Voluntary Emissions Recall Report (VERR) with EPA when they perform a recall to correct defects in emission-related parts, and to update EPA on the progress of such recalls through Quarterly Reports. These mandatory reporting requirements are critical to the Clean Air Act’s purpose of protecting human health and the environment from harmful air pollutants: They encourage manufacturers to investigate and voluntarily address defects that may result in excess emissions of harmful air pollutants, and provide EPA with important information about emission-related defects for use in its oversight of manufacturers.
For 10 years, Toyota routinely failed to comply with these reporting requirements. During that time, Toyota materially delayed filing an estimated 78 EDIRs, filing many only when disclosing non-compliance to EPA in 2015, at which point some were as much as eight years late. These EDIRs related to millions of vehicles with the potential to exhibit emission-related defects. Toyota also failed to file 20 VERRs and more than 200 quarterly reports.
During the period of noncompliance, Toyota managers and staff in Japan knew that Toyota was no longer even attempting to determine whether it was aware of 25 instances of the same emission-related defect in a model year – the threshold requirement for filing an EDIR. Rather than follow this legally required standard, Toyota unilaterally decided to file EDIRs principally when Toyota was required to file distinct reports with California regulators under a less strict standard – a standard that EPA had rejected as too lenient when Toyota had previously proposed to rely on it for federal reporting. Toyota managers and staff in Japan repeatedly identified the discrepancy between Toyota’s procedures and the plain language of the federal requirements but failed to bring Toyota into compliance.
As a result of its conduct, Toyota deprived EPA of timely information regarding emission-related defects and recalls and avoided the early focus on emission defects contemplated by the regulations. Toyota’s conduct likely resulted in delayed or avoided recalls, with Toyota obtaining a significant economic benefit, pushing costs onto consumers, and lengthening the time that unrepaired vehicles with emission-related defects remained on the road.
Toyota admits, acknowledges, and accepts responsibility for what is included in the consent decree.
Between approximately 2005 and late 2015, Toyota routinely filed emission defect reports to EPA materially late and, in many cases, failed to file such reports at all until a self-disclosure of non-compliance in late 2015.
Representations to EPA
In March and May 2002, at EPA’s request, Toyota and EPA representatives met to discuss Toyota’s internal process for identifying whether 25 instances of a specific emission-related defect exist in vehicles or engines of the same model year, requiring an EDIR filing.
At a first meeting in March 2002, Toyota described its EDIR process in which Toyota would investigate whether it had 25 defects only upon receiving 25 “product reports” from its dealers, but would supplement that review by filing an EDIR upon receiving warranty claims for an emission-related part in 4 percent of Toyota’s California fleet (a threshold requiring a separate filing to state authorities under California law).
At the meeting, EPA rejected this EDIR process as not timely considering warranty claims, despite the incorporation of the 4 percent California trigger.
At a May 2002 meeting with EPA, Toyota presented its revised process. Under that process, Toyota would commence an investigation to determine whether an EDIR filing was required when it had received warranty claims for an emission-related part for 1 percent of relevant vehicles nationwide; when it received 500 such warranty claims regardless of the percentage; or when it received 25 similar early warning reports.
Toyota noted internally that EPA seemed pleased with this approach, which EPA had described as “more stringent than California.” In 2003, 2004, and 2005, as part of an annual review, Toyota submitted its May 2002 process in writing to EPA as an overview of its EDIR reporting program.
Toyota’s Conduct from Approximately 2005 to 2015
Without notifying EPA, in approximately 2005, Toyota stopped following the May 2002 EDIR process. In approximately 2005, Toyota began filing EDIRs primarily when filing the California reports triggered by the 4 percent threshold. Toyota also filed EDIRs in a small number of instances when it was otherwise filing VERRs with EPA.
From approximately 2005 to 2015, Toyota stopped making any independent determination of whether 25 defects existed requiring an EDIR filing. Multiple times during this period, Toyota staff charged with preparing EDIRs identified that the plain language of the EDIR regulations called for filing an EDIR upon the identification of 25 defects, but that Toyota was not doing so. These staff did not cause Toyota to change its practice.
As a result of this conduct, Toyota filed at least 69 EDIRs materially late. Thirty-nine of these were filed materially late in the ordinary course of Toyota’s business. In late 2015, Toyota self-disclosed another 30 that had not been filed at all. Some EDIRs were ultimately filed as many as eight years after they were due.
Beyond EDIRs, Toyota also failed during this period to file 20 VERRs required for emission-related recall campaigns that it conducted and failed to file more than two hundred Quarterly Reports related to such campaigns. Between 2005 and 2015, Toyota failed to provide its employees with adequate training, resources, or oversight to ensure that Toyota complied with its reporting obligations to EPA. As a result of Toyota’s conduct, EPA did not timely receive mandated information regarding emission-related defects and recalls.
Notice of the proposed consent decree will be published in the Federal Register and the public will have the opportunity to submit comments on the consent decree for a period of at least 30 days before it is submitted for the court’s approval.
To view the consent decree or to submit a comment, visit the Department of Justice website at: www.justice.gov/enrd/Consent_Decrees.html.
The Justice Department thanked the attorneys in EPA’s Air Enforcement Division, the program staff at EPA’s Office of Transportation and Air Quality, and the agents at EPA’s Criminal Investigative Division for their critical work on this case.
This case is being handled by the Environmental Protection Unit of the U.S. Attorney’s Office’s Civil Division. Senior Trial Attorney Keith Tashima with the Environment and Natural Resources Division’s Environmental Enforcement Section and Assistant U.S. Attorneys Robert William Yalen, Dominika Tarczynska, and Jennifer Jude of the Southern District of New York are prosecuting the case.
Three Individuals Indicted in January 2021 Federal Grand JuryRead the Press Release
MUSKOGEE, OKLAHOMA – United States Attorney Brian J. Kuester today announced the results of the January 2021 Federal Grand Jury. The grand jury returned 3 unsealed and 5 sealed indictments on crimes ranging from federal firearms offenses, robbery, sexual abuse, child exploitation, and murder in Indian country.
The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.
DERVIN WARD FOSTER
Assault Of An Intimate Partner And Dating Partner By Strangling, Suffocating, And Attempting To Strangle And Suffocate In Indian Country (2 Counts)
Assault Resulting In Substantial Bodily Injury To An Intimate Partner And Dating Partner In Indian Country (2 Counts)
Simple Assault Against A Victim Who Has Not Attained The Age Of Sixteen Years In Indian Country (Misdemeanor)Foster, 30, of Muskogee, is charged with assaulting his female partner on multiple occasions in 2019, causing substantial bodily injury by strangulation.
The Federal Bureau of Investigation is the primary investigative agency.
ANTHONY ROY SPAIN
Murder In Indian Country
Causing The Death Of A Person In The Course Of A Violation Of Title 18
Use, Brandish, Discharge, And Carry Of Firearm During And In Relation To A Crime Of ViolenceSpain, 36, of Okemah, is charged with brandishing and using a shotgun to kill Teresa Smith after a verbal altercation on or about January 5, 2019.
The Federal Bureau of Investigation is the primary investigative agency.
JAMES ALLEN FARROW
Abusive Sexual Contact With A Child In Indian Country
Farrow, 31, of Henryetta, is charged with having sexual contact with a minor, female child in December 2017.
The Federal Bureau of Investigation is the primary investigative agency.
Three Individuals Charged with Trafficking Migratory BirdsRead the Press Release
SAN JUAN, Puerto Rico – A federal grand jury charged three men with conspiracy to engage in the illicit trade of migratory birds; selling, offering to sell and bartering migratory birds (Migratory Bird Treaty Act); and wildlife trafficking (Lacey Act), announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. The defendants were arrested on January 13, 2021 by agents from the U.S. Fish and Wildlife Service, Office of Law Enforcement and the Department of Natural and Environmental Resources.
The defendants and charges are the following:
- Carlos David Flores Ríos, a.k.a. “Carlos Flores Ríos” is facing one count of conspiracy; five counts for selling, offering to sell, and bartering migratory birds, specifically short-eared owls (Asio flammeus); and one count for wildlife trafficking.
- Edgardo Marín Candelaria is facing one count of conspiracy and one count for wildlife trafficking. Marín Candelaria sold two short-eared owls while knowing the owls had been taken in violation of the Migratory Bird Act.
- Misael Cruz Rivera is facing one count for selling, offering to sell, and bartering migratory birds, specifically an American kestrel (Falco sparverius).
According to the indictment, the purpose of the conspiracy was for defendants to unjustly enrich themselves through the trafficking, taking, trapping, sale, and barter of migratory birds. The defendants and co-conspirators captured and possessed migratory birds; illegally held them in temporary housing; offered the birds for sale on private internet chat groups; sold the birds to local purchasers; negotiated the price of the birds, paid for, and received payments for the trafficking of migratory birds in Puerto Rico and elsewhere.
“The illegal trafficking of migratory birds represents a serious threat to our ecosystems,” said U.S. Attorney Muldrow. “I commend the U.S. Fish and Wildlife Service, Office of Law Enforcement and the Department of Natural and Environmental Resources for their investigation of this matter. The U.S. Attorney’s Office will continue to aggressively prosecute those individuals who engage in the illegal sale of protected wildlife.”
“The U.S. Fish and Wildlife Service Office of Law Enforcement actively pursues those who seek to profit from the illegal commercial exploitation of our natural resources. These criminal activities harm imperiled species and fragile ecosystems throughout Puerto Rico and the Caribbean. We will continue to work with our partners to bring those who purposefully ignore environmental laws to justice,” said Aurelia Skipwith, Director of the U.S. Fish and Wildlife Service.
“The sellers and possible buyers of these animals know that the Federal Authorities together with the Department of Natural and Environmental Resources (DNER) carry out investigations on the possession and sale of these species. It is illegal, they represent a threat to flora and fauna in Puerto Rico and what is most worrying, they could even represent a danger to people’s lives. We urge citizens not to sponsor these illicit businesses, either by owning or buying them,” stated the Secretary of Natural and Environmental Resources, Rafael Machargo.
Assistant U.S. Attorney Carmen M. Marquez Marín is in charge of the prosecution of the case. If convicted, the defendants could face a maximum term of imprisonment of five years and a maximum fine of $250,000 for the conspiracy to engage in the illicit trade of migratory birds and each Lacey Act charge; and up to two years’ imprisonment and a maximum fine of up to $250,000.00 for each Migratory Birds Act charge.
Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
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The Department of Justice Alleges Conditions at Cumberland County Jail Violate the ConstitutionRead the Press Release
Today, the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey concluded that there is reasonable cause to believe that the conditions at the Cumberland County Jail in Bridgeton, New Jersey, violate the Eighth and Fourteenth Amendments of the Constitution.
A Department of Justice investigation concluded that there is reasonable cause to believe that the Cumberland County Jail failed to take measures to prevent inmate suicides and provide adequate mental health care. The department alleged that these violations resulted from the Cumberland County Jail’s failure to screen for or provide adequate mental health treatment to inmates at risk of self-harm and suicide. Additionally, the department alleged that inmates faced a heightened risk of self-harm and suicide due to the jail’s failure to provide medication-assisted treatment, where clinically indicated, to inmates experiencing unmedicated opiate withdrawal. Although the Cumberland County Jail recently began providing medication-assisted treatment to inmates experiencing opiate withdrawal, the funding for such future treatment remains uncertain.
“Our investigation revealed that Cumberland County fails to provide adequate mental health care to inmates at risk of self-harm and suicide,” said Acting Assistant Attorney General for Civil Rights John B. Daukas. “We look forward to working with county officials to ensure that the jail provides constitutionally adequate care, including medication-assisted treatment for inmates experiencing unmedicated opiate withdrawal, when appropriate.”
“The opioid epidemic continues to afflict communities across the country,” said Acting U.S. Attorney Rachael A. Honig for the District of New Jersey. “By providing medication-assisted treatment to inmates experiencing opiate withdrawal, officials at jails and prisons can take significant steps to both combat that epidemic and protect the constitutional rights of incarcerated individuals. We have been encouraged by the cooperation of Cumberland County Jail officials throughout our investigation, and their stated commitment to ensure the safety and constitutional rights of their inmates. We look forward to continuing to work with them to resolve these significant concerns.”
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the facility with written notice of the supporting facts for these alleged violations and the minimum remedial measures necessary to address them.
The Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey initiated the investigation in June 2018 under CRIPA, which authorizes the department to take action to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt. Individuals who believe their civil rights may have been violated may file a complaint with the U.S Attorney’s Office at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint.
Syracuse Man Sentenced for Assaulting U.S. Postal EmployeeRead the Press Release
SYRACUSE, NEW YORK – Daniel J. Trammell, age 58, of Syracuse, was sentenced yesterday to serve 30 months in prison for assaulting a United States Postal Service employee, announced Acting United States Attorney Antoinette T. Bacon and Joseph Cronin, Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service.
As party of his previous guilty plea, Trammell admitted that on April 21, 2020, he assaulted a letter carrier while the carrier was delivering mail. Trammell caused two cuts to the victim’s neck.
In addition to his term of imprisonment, the court also sentenced Trammell to 3 years of supervised release.
This case was investigated by the U.S. Postal Inspection Service and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.
Sioux Falls Man and Woman Sentenced on Gun ChargesRead the Press Release
United States Attorney Ron Parsons announced that two Sioux Falls, South Dakota, residents were sentenced on December 28, 2020, by U.S. District Judge Karen E. Schreier.
David Charles Peters, age 41, convicted of Possession of a Firearm by a Prohibited Person and Possession of a Firearm by a Person Convicted of a Misdemeanor Crime of Domestic Violence, was sentenced to 40 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Molly Lynn Lorang, age 51, convicted of Transfer of a Firearm to a Prohibited Person, was sentenced to two years of probation and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Peters and Lorang were indicted by a federal grand jury on January 7, 2020. Both pled guilty on October 9, 2020.
The conviction stemmed from an incident on October 6, 2019, when a rural Minnehaha County landowner confronted Peters and Lorang about trespassing on his property. Peters retrieved a pump shotgun from his vehicle and racked the chamber to intimidate the landowner. After words were exchanged, Peters and Lorang drove their vehicle towards the landowner before swerving to miss him. After receiving the report, the Minnehaha County Sheriff’s Office found two firearms in Lorang’s possession: a pump shotgun and a handgun.
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 the local community 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 investigated by the Minnehaha County Sheriff’s Office, the Sioux Falls Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Peters has been allowed to self-surrender to the U.S. Marshals Service by February 16, 2021.
Sioux Falls Man Sentenced for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 11, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Reno Chadwick Roubideaux, age 46, was sentenced to 18 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Roubideaux was indicted by a federal grand jury on October 14, 2020. He pled guilty on November 5, 2020.
Roubideaux was convicted of Aggravated Sexual Abuse of a Minor in June 1994. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. Between August 8, 2020, and September 14, 2020, Roubideaux failed to register and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Roubideaux was immediately turned over to the custody of the U.S. Marshals Service.
Serial Fraudster from Orlando Sentenced to More Than Six Years in Federal PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Jermica Jerri Dominick Brooks (37, Orlando) a/k/a “Jermica Jerri Dominick Sykes” to six years and nine months in federal prison for two separate wire fraud schemes and aggravated identity theft. The court also ordered Brooks to forfeit more than $25,000, which is traceable to benefits she had received as a result of the offenses.
Brooks had pleaded guilty on November 12, 2020.
According to court documents, following Hurricane Irma in 2017, Brooks used stolen identities to file five applications for disaster assistance from the Federal Emergency Management Agency (FEMA). Brooks had obtained the personally identifiable information of certain victims during the course of her employment at a local plumbing business, where she worked as an office manager in or about 2016. Brooks obtained other stolen identities by purchasing the information through illicit channels. At sentencing, a victim informed the Court that she was unable to obtain FEMA assistance following Hurricane Irma because Brooks had already filed a fraudulent application in her name.
In a separate scheme, from January through May 2018, Brooks applied for and obtained 10 apartment leases in the names of identity theft victims. She used unauthorized or nonexistent financial account information to make it appear that her application and initial rent payments were legitimate, and feigned personal emergencies to secure occupancy in the leased apartments before those electronic payments were returned or rejected. Those leases resulted in a series of evictions in the names of Brooks’s victims. According to victims’ statements provided to the Court at sentencing, Brooks’s repeated use of their identities resulted in significant hardships surrounding their efforts to secure credit, housing, and car loans.
This case was investigated by the Department of Homeland Security – Office of the Inspector General, the Orlando Police Department, the Casselberry Police Department, the Orange County Sheriff’s Office, and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.
Rosebud Man Indicted on Murder, Firearm, and Evidence Tampering ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder, Discharge of a Firearm During a Crime of Violence, and Tampering With Evidence.
Tanyan Wakita Iron, a/k/a Sonny Iron, age 18, was indicted on September 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 7, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is any term of years up to life in federal prison and/or a $250,000 fine, five years of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 9, 2020, in St. Francis, South Dakota, Iron murdered a woman by shooting her in the head with a handgun. The Indictment further alleges that Iron attempted to hide the handgun from investigators following the fatal shooting.
The charges are merely accusations and Iron is presumed innocent until and unless proven guilty.
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 is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Mike Elmore is prosecuting the case.
Iron was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Retired Pennsylvania Fire Fighter is Arrested and Criminally Charged for Actions at the U.S. CapitolRead the Press Release
WASHINGTON, D.C. –A retired Pennsylvania firefighter was charged yesterday and arrested today in Pennsylvania in connection with the riots at the U.S. Capitol last week.
Robert Sanford, 55, of Boothwyn, PA, was charged by criminal complaint with knowingly entering or remaining in any restricted building or grounds without lawful authority, disorderly or disruptive conduct on capitol grounds, civil disorder, and assaulting, resisting, or impeding certain officers while engaged in the performance of official duties.
It is alleged that during the events at the U.S. Capitol, Sanford struck three U.S. Capitol Police (USCP) officers with a fire extinguisher. A video, recorded by an individual who was present in the crowd, captures when a man throws what appears to be a fire extinguisher at a group of USCP officers protecting the lower west terrace of the Capitol.
The fire extinguisher struck one officer, who was wearing a helmet, in the head; then, the fire extinguisher ricochets striking a second officer, who was not wearing a helmet, in the head; and ricochets a third time and strikes a third officer, wearing a helmet, in the head. After throwing the fire extinguisher at USCP, Sanford leaves the area in the opposite direction. Federal authorities were able to identify Sanford, after receiving a tip on January 12.
This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Counterterrorism Section of the DOJ’s National Security Division, with assistance from the U.S. Attorney’s Office for the Eastern District of Pennsylvania. The cases are being investigated by the FBI’s Washington Field Office and the United States Capitol Police.
The information contained in the charging documents are merely allegations. The defendants are presumed innocent until proven guilty.
The ATF and FBI continue to urge the public to report suspected use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected] or submit information anonymously via ReportIt.com.
The FBI is looking for individuals who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at fbi.gov/USCapitol.
Rapid City Man Sentenced for Third Failure to Register as Sex Offender ConvictionRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 11, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Joseph Blue Bird, age 33, was sentenced to 21 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Blue Bird was indicted by a federal grand jury on August 11, 2020. He pled guilty on November 6, 2020.
Blue Bird was convicted of Abusive Sexual Contact in February 2014. As a result of this conviction, he is required to register as a sex offender. Blue Bird was convicted of Failure to Register as a Sex Offender in 2017, and again in 2018. On March 6, 2020, Blue Bird was released from custody to begin a period of supervised release but did not subsequently update his sex offender registration. An arrest warrant was subsequently issued and on May 6, 2020, Blue Bird was arrested in Mobridge, South Dakota.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Blue Bird was immediately turned over to the custody of the U.S. Marshals Service.
Rancho San Pedro Gang Leader Sentenced to 10 Years in Federal Prison for Role in Heroin, Oxycodone Trafficking OperationRead the Press Release
LOS ANGELES – A Rancho San Pedro street gang member who oversaw the group’s daily operations, arranged sales of oxycodone and heroin, and reported to incarcerated Mexican Mafia members about the gang’s activities, was sentenced today to 120 months in federal prison.
Robert “Stretch” Messersmith, 34, of San Pedro, was sentenced by United States District Judge Stephen V. Wilson. Messersmith pleaded guilty in September 2020 to one count of conspiracy to distribute and possess with intent to distribute controlled substances.
The Rancho San Pedro street gang operates in the San Pedro area of the City of Los Angeles, according to court documents. It operates under the control of the Mexican Mafia and often engages in violence and intimidation to protect its territory. The gang collects “taxes” from drug transactions, and this money was funneled to three Mexican Mafia members who are currently serving lengthy sentences in state prisons for murder convictions.
In furtherance of the conspiracy, from August 2017 to May 2018, Messersmith sold dozens of oxycodone pills, discussed and arranged the sale of heroin and methamphetamine, and planned the smuggling of heroin and other narcotics into a prison. During one recorded telephone conversation in May 2018, Messersmith discussed a recent successful narcotics transaction, stating, “That’s a touchdown like Peyton Manning.”
Messersmith is the lead defendant in a 26-count federal grand jury indictment returned in June 2019 that alleges various narcotics and firearms offenses were committed by 13 Rancho San Pedro members and associates. The indictment’s remaining defendants are scheduled to go to trial on April 27.
This matter was investigated by the Drug Enforcement Administration and the Los Angeles Police Department. The Bureau of Alcohol, Tobacco, Firearms, and Explosives provided substantial assistance.
This case is being prosecuted by Assistant United States Attorney Joseph D. Axelrad of the Violent and Organized Crime Section.
Robert Massey, Owner of Oil Chem, INC., Pleads Guilty to Violating the Clean Water Act in Connection with Discharges of Landfill Leachate to Flint Sewer SystemRead the Press Release
FLINT – Robert J. Massey, the president and owner of Oil Chem, Inc., pleaded guilty in federal court in Flint, Michigan, to a criminal charge of violating the Clean Water Act stemming from illegal discharges of landfill leachate—totaling more than forty-seven million gallons—into the City of Flint sanitary sewer system over an eight and one-half year period, the Justice Department announced.
Oil Chem, located in Flint, processed and discharged industrial wastewaters to Flint’s sewer system. The company held a permit issued by the City of Flint under the auspices of the Clean Water Act, which allowed it to discharge certain industrial wastes within permit limitations. The City’s sanitary sewers flow to its municipal wastewater treatment plant, where treatment takes place before the wastewater is discharged to the Flint River. The treatment plant’s discharge point for the treated wastewater was downstream of the location where drinking water was taken from the Flint River in 2014 to 2015.
According to an agreed upon factual statement in the plea agreement filed in federal court, Oil Chem’s permit prohibited the discharge of landfill leachate waste. Landfill leachate is formed when water filters downward through a landfill, picking up dissolved materials from decomposing trash. Massey signed and certified Oil Chem’s 2008 permit application, and did not disclose that his company had been and planned to continue to receive landfill leachate, which it discharged to the sewers untreated. Nor did Massey disclose to the City when Oil Chem started to discharge this new waste stream, which the permit also required. Massey directed employees of Oil Chem to begin discharging the leachate at the close of business each day, which allowed the waste to flow from a storage tank to the sanitary sewer overnight.
From January 2007 through October 2015, Massey arranged for Oil Chem to receive approximately 47,824,293 gallons of landfill leachate from eight different landfills located in Michigan. One of the landfills was found to have polychlorinated biphenyls (PCBs) in its leachate. PCBs are known to be hazardous to human health and the environment.
The charges carry penalties of up to three years in prison and a fine of up to $5,000 - $50,000 per day of violation. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders. Sentencing is scheduled for May 14, 2021 at 11am.
“The Clean Water Act is our Nation’s law for protecting the quality of the waters of the United States, and the health of people who rely on those waters. The criminal conduct here violated the Act and Oil Chem’s permit,” said Jonathan D. Brightbill, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Robert Massey ignored clear legal prohibitions and requirements in the interest of generating more revenue for his company. He knew better and should have done better. The outcome of this case will deter others, and hopefully chart a new course for this company.”
“Protecting Michigan’s water is one of the most important and sacred things we can do,” stated United States Attorney Matthew Schneider. “The actions of the defendant were done with total disregard for the Flint River and the environment. Fortunately for the people of Flint, these contaminants did not end up in their drinking water, because the discharge point was several miles downstream of the drinking water intake. This case should stand as a warning to other businesses that they will face criminal charges for this kind of pollution.”
“The defendant knowingly ordered the discharge of over 40 million gallons of landfill wastewater, ultimately to the Flint River, putting the environment at risk,” said Special Agent in Charge Jennifer Lynn of EPA’s Criminal Investigation Division in Michigan. “Today’s plea demonstrates that anyone who intentionally violates the law will be held responsible for their actions.”
“We are very happy with the cooperation and partnership with the EPA and the U.S. Attorney’s Office,” stated Lt. Vence Woods, Michigan Department of Natural Resources Law Enforcement Division; Environmental Investigation Section.
Principal Deputy Assistant Attorney General Jonathan Brightbill and U.S. Attorney Matthew Schneider thanked the U.S. Environmental Protection Agency’s Criminal Investigation Division as well as the Michigan Department of Natural Resources-Law Enforcement Division-Environmental Investigations Section (“MDNR-EIS”), and Coast Guard Investigative Service (“CGIS”) for their work in this investigation.
The case is being prosecuted by Assistant U.S. Attorneys Ann Nee and Jules DePorre of the U.S. Attorney’s Office for the Eastern District of Michigan and Senior Counsel Kris Dighe of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Port Townsend, Washington, man who abandoned overdose victim in car outside hospital emergency room sentenced to federal prison for drug and gun crimesRead the Press Release
Tacoma - A Port Townsend, Washington, man who abandoned a heroin overdose victim in a car outside a hospital emergency room was sentenced today in U.S. District Court in Tacoma to a total of 66 months in prison for drug trafficking and illegal firearms possession charges, announced U.S. Attorney Brian T. Moran. ADAM MICHAEL KELLY, 38, pleaded guilty in August 2020 to possession of controlled substances with intent to distribute and being a drug user in possession of firearms. At the sentencing hearing, U.S. District Judge Benjamin H. Settle noted the letters he had received from the Port Townsend community mourning the loss of the victim. Judge Settle said KELLY would have to “live with” the fact that he had likely played a role in the tragic death of the overdose victim “for the rest of [Kelly’s] life.”
According to the facts in the plea agreement, on March 27, 2019, KELLY and his then-girlfriend abandoned a 43-year-old overdose victim in a car outside the hospital emergency room. They later called the hospital asking staff to check on the victim. The victim, who had no pulse when he was found by hospital staff, died within twenty minutes. Law enforcement traced the phone call to KELLY’s residence. When questioned by police, KELLY admitted that the victim had used drugs in his home, that the victim became unresponsive, and that KELLY had left him at the emergency room entrance when he could not revive him.
Police obtained a search warrant for KELLY’s home and found a sophisticated drug lab in the basement with pill presses, lab equipment, vent hoods, and over 75 pounds of Schedule III controlled substances, primarily steroids. Records seized at the lab indicate KELLY had a lucrative business selling and shipping illegal steroids across the country. The victim had become unresponsive in KELLY’s drug lab.
In addition to the drug lab, KELLY had a wide variety of firearms, silencers, and tactical gear. In the lab, KELLY had a.40 caliber Glock that was both loaded and fitted with a silencer. In his bedroom, he had six guns, including two Glock handguns, a Bersa .22 caliber, a Winchester shotgun, a Remington 700, and a Bushmaster AR-15. A second silencer was found in the bedroom. Law enforcement seized a variety of ammunition, as well as a tactical vest.
As an admitted drug user, it is illegal for KELLY to possess firearms. When KELLY was arrested, he had both heroin and methamphetamine in his possession.
KELLY is currently serving a 68-month state sentence for controlled substance homicide, a charge arising out of this same investigation and based on the overdose victim’s death. KELLY’s sentence in this case, including the recommendation that the sentence run concurrent to the state sentence, was jointly recommended by the parties to resolve globally KELLY’s state and federal charges. The judgment for a 44-month federal sentence that Judge Settle imposed is in addition to and reflects the 22 months KELLY has already served in state and federal custody on these and related state charges, for a total effective sentence of 66 months.
If KELLY completes his state sentence first, he will then be transferred to federal custody to serve the federal time. KELLY has been in custody since his arrest on March 28, 2019.
The case was investigated by the Port Townsend Police Department, Jefferson County Sheriff’s Office, and Federal Bureau of Investigation, with assistance from other local and federal law enforcement agencies.
The case was prosecuted by Assistant United States Attorney William Dreher.
Pierre Man Sentenced for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 11, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Sandy Mangelson, age 34, was sentenced to time served through April 12, 2021, equal to approximately 13 months in custody, five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Mangelson was indicted by a federal grand jury on September 1, 2020. He pled guilty on November 5, 2020.
Mangelson was convicted of Sexual Contact With a Child Under Sixteen in November 2005 and Gross Sexual Imposition (with a child) in 2007. As a result of those convictions, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. Between December 5, 2019, and December 10, 2019, Mangelson failed to register and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Mangelson was immediately turned over to the custody of the U.S. Marshals Service.
Pharmacy Owner’s Son Admits Role in $24.8 Million Kickback Scheme and $9 Million Conspiracy to Defraud IRSRead the Press Release
TRENTON, N.J. – The son of a former a co-owner of a Union City, New Jersey, pharmacy today admitted his role in multimillion-dollar conspiracies to pay kickbacks and bribes to health care professionals and to defraud the IRS, Acting U.S. Attorney Rachael A. Honig announced.
Alex Fleyshmakher, 34, of Morganville, New Jersey, pleaded guilty by videoconference before U.S. District Judge Michael A. Shipp to a superseding information charging him with conspiring to violate the federal anti-kickback statute and conspiring to defraud the IRS.
The superseding information alleges that Fleyshmakher conspired to solicit and pay kickbacks with seven other individuals, three of whom were previously charged with him by superseding indictment: Samuel “Sam” Khaimov and Yana Shtindler, both of Glen Head, New York; and Ruben Sevumyants, of Marlboro, New Jersey. Fleyhsmakher is the first of these four codefendants to plead guilty.
His other alleged conspirators in the kickback scheme included his father, Igor Fleyshmakher, of Holmdel, New Jersey, who previously pleaded guilty for his role in the conspiracy; and Eduard “Eddy” Shtindler, of Paramus, New Jersey, who previously pleaded guilty in a related kickback conspiracy. Their respective sentencings are pending.
According to documents filed in this case and statements made in court:
Prime Aid Pharmacies – now closed – operated out of locations in Union City and Bronx, New York, as “specialty pharmacies,” which processed expensive medications used to treat various conditions, including Hepatitis C, Crohn’s disease, and rheumatoid arthritis. Alex Fleyshmakher worked at Prime Aid Union City and was an on-paper owner of Prime Aid Bronx. Igor Fleyshmakher, was a co-owner of Prime Aid Union City. Khaimov was the other co-owner of Prime Aid Union City and the lead pharmacist of Prime Aid Bronx. Khaimov’s wife, Yana Shtindler, was Prime Aid Union City’s administrator, and Sevumyants was Prime Aid Union City’s operations manager. Eddy Shtindler, Yana Shtindler’s brother, was a Prime Aid Union City employee.
In order to obtain a higher volume of prescriptions, Khaimov, Yana Shtindler, Igor Fleyshmakher, Alex Fleyshmakher, Sevumyants, Eddy Shtindler, and other Prime Aid employees paid kickbacks and bribes to doctors and doctors’ employees to induce doctors’ offices to steer prescriptions to the Prime Aid Pharmacies. From 2008 to August 2017, these bribes included expensive meals, designer bags, and payments by cash, check, and wire transfers. The bribes and kickbacks were paid to, among others, doctors and doctors’ employees in New Jersey and New York. The prescriptions that just one of those New Jersey medical practices steered to Prime Aid Union City as part of the scheme resulted in Medicare and Medicaid payments to Prime Aid Union City of approximately $24.8 million.
From 2011 to August 2018, Alex Fleyshmakher, working with others, surreptitiously took insurance reimbursement checks totaling millions of dollars from the Prime Aid Pharmacies. Aided by his conspirators, Alex Fleyshmakher then cashed the checks at Brooklyn check cashing businesses or diverted them through Canadian bank accounts back into U.S. accounts that he owned and controlled. He concealed these funds and failed to report them on his personal income tax returns, resulting in a $9.1 million tax loss to the IRS.
The conspiracy and tax evasion charges to which Alex Fleyshmakher pleaded guilty each carries a maximum penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for May 27, 2021.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark; special agents of the Department of Health and Human Services-Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; and the N.J. Office of the State Comptroller, under the direction of Acting Comptroller Kevin D. Walsh, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Joshua L. Haber of the Health Care Fraud Unit of the U.S. Attorney’s Office in Newark.
The charges against and allegations in the information pertaining to Khaimov, Yana Shtindler, and Sevumyants are merely accusations, and those three defendants are presumed innocent unless and until proven guilty.
Pasco County Man, Whose Victims Included Children and Foreign Nationals, Indicted on Federal Human Trafficking ChargesRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging David Alan Quarles (49, Odessa) with conspiracy; sex trafficking by force, threats, fraud, or coercion; importation of an alien for the purpose of prostitution; transportation of an individual in interstate commerce for the purpose of prostitution; and using a facility of interstate commerce in aid of prostitution. If convicted on all counts, Quarles faces a maximum penalty of life in federal prison. The indictment also notifies Quarles that the United States intends to forfeit assets alleged to have facilitated these offenses or that are traceable to proceeds of the offenses.
According to the
indictment , Quarles and his conspirators recruited victims, some of whom were children or foreign nationals, to engage in prostitution. Quarles used violent, fraudulent, or otherwise coercive tactics—including physical violence, sexual assault, threats of violence, and misrepresenting the nature of their employment before the victims began working—to recruit victims or keep the victims engaged in prostitution. Quarles and his conspirators allegedly directed these victims to engage in prostitution, posted advertisements featuring these victims, and arranged for the victims to travel across the United States to work. Quarles required his victims to send him the money that they had earned or seek his permission to spend funds on necessities.An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Homeland Security Investigations and the U.S. Coast Guard Investigative Service. It will be prosecuted by Assistant United States Attorney Colin McDonell.
Owner of Oil Chem Inc. Pleads Guilty to Violating the Clean Water ActRead the Press Release
The president and owner of Oil Chem Inc. pleaded guilty in federal court in Flint, Michigan, to a criminal charge of violating the Clean Water Act stemming from illegal discharges of landfill leachate — totaling more than 47 million gallons — into the city of Flint sanitary sewer system over an eight and a half year period.
Robert J. Massey, 69, of Brighton, Michigan, pleaded guilty today before U.S. District Judge Stephanie Dawkins Davis in the Eastern District of Michigan. Sentencing has been scheduled for May 14.
Oil Chem, located in Flint, processed and discharged industrial wastewaters to Flint’s sewer system. The company held a permit issued by the city of Flint under the auspices of the Clean Water Act, which allowed it to discharge certain industrial wastes within permit limitations. The city’s sanitary sewers flow to its municipal wastewater treatment plant, where treatment takes place before the wastewater is discharged to the Flint River. The treatment plant’s discharge point for the treated wastewater was downstream of the location where drinking water was taken from the Flint River in 2014 to 2015.
According to an agreed upon factual statement in the plea agreement filed in federal court, Oil Chem’s permit prohibited the discharge of landfill leachate waste. Landfill leachate is formed when water filters downward through a landfill, picking up dissolved materials from decomposing trash. Massey signed and certified Oil Chem’s 2008 permit application and did not disclose that his company had been and planned to continue to receive landfill leachate, which it discharged to the sewers untreated. Nor did Massey disclose to the city when Oil Chem started to discharge this new waste stream, which the permit also required. Massey directed employees of Oil Chem to begin discharging the leachate at the close of business each day, which allowed the waste to flow from a storage tank to the sanitary sewer overnight.
From January 2007 through October 2015, Massey arranged for Oil Chem to receive approximately 47,824,293 gallons of landfill leachate from eight different landfills located in Michigan. One of the landfills was found to have polychlorinated biphenyls (PCBs) in its leachate. PCBs are known to be hazardous to human health and the environment.
“The Clean Water Act is our Nation’s law for protecting the quality of the waters of the United States, and the health of people who rely on those waters. The criminal conduct here violated the Act and Oil Chem’s permit,” said Jonathan D. Brightbill, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Robert Massey ignored clear legal prohibitions and requirements in the interest of generating more revenue for his company. He knew better and should have done better. The outcome of this case will deter others, and hopefully chart a new course for this company.”
“Protecting Michigan’s water is one of the most important and sacred things we can do,” said Attorney Matthew Schneider, U.S. Attorney for the Eastern District of Michigan. “The actions of the defendant were done with total disregard for the Flint River and the environment. Fortunately for the people of Flint, these contaminants did not end up in their drinking water, because the discharge point was several miles downstream of the drinking water intake. This case should stand as a warning to other businesses that they will face criminal charges for this kind of pollution.”
“The defendant knowingly ordered the discharge of over 40 million gallons of landfill wastewater, ultimately to the Flint River, putting the environment at risk,” said Jennifer Lynn, special agent in charge of EPA’s Criminal Investigation Division in Michigan. “Today’s plea demonstrates that anyone who intentionally violates the law will be held responsible for their actions.”
The Justice Department thanked the EPA’s Investigation Division as well as the Michigan Department of Natural Resources-Law Enforcement Division-Environmental Investigations Section, and Coast Guard Investigative Service for their work in this investigation.
The case is being prosecuted by Senior Counsel Kris Dighe of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorneys Ann Nee and Jules DePorre of the U.S. Attorney’s Office for the Eastern District of Michigan.
Old Forge Couple Charged with Tax Evasion for Concealing over $550,000 from the IRSRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Lynne Mineo, age 72, and Richard Mineo, age 67, both of Old Forge, Pennsylvania, were charged in a criminal information with tax evasion.
According to Acting United States Bruce D. Brandler, the information alleges that the Mineos, who are husband and wife, failed to report a total of $550,469.92 in income between tax years 2014 ($145,205), 2015 ($169,346), 2016 ($153,749), and 2017 ($82,168). The income was for the Mineos’ business, a beer retail store called Mineo’s Brewer’s Outlet, located in Dunmore, Pennsylvania.
The case was investigated by the Internal Revenue Service’s Criminal Investigation Division. Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Ohio Man Pleads Guilty to Wire Fraud SchemeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that Ricky V. McLaughlin, 63, of Belpre, Ohio, pled guilty to wire fraud. McLaughlin faces up to 20 years in prison when sentenced on March 17, 2021.
“What a fraudster,” said United States Attorney Mike Stuart. “For more than four years, McLaughlin defrauded multiple customers of a significant amount of money. If not for the efforts of the Parkersburg Police Department, McLaughlin probably still would be ripping off classic car lovers.”
McLaughlin operated the McLaughlin Motor Car Museum located in Parkersburg. McLaughlin sold collector cars, including various Pontiac Trans Am classic cars to individuals, and customers would send their collector cars to McLaughlin for restoration. Sometimes customers would buy collector cars from McLaughlin and the Motor Car Museum and then ask him to resell these collector cars at a later date on consignment. McLaughlin admitted that for more than four years, he stole money and defrauded multiple customers through a wire fraud scheme. As part of his fraud activities, McLaughlin admitted he would sometimes sell individuals various Pontiac Trans Am classic cars, but refused to provide the customers with either the titles to the vehicles or the vehicles themselves. At other times, McLaughlin would sell the same Pontiac Trans Am to multiple customers or sell Pontiac Trans Am cars on consignment, but refused to remit the sale proceeds of the collector cars to the car owners.
Throughout his scheme, McLaughlin defrauded multiple individuals of hundreds of thousands of dollars. As part of his plea agreement, he agreed to pay at least $150,000 in restitution.
The Parkersburg Police Department conducted the investigation. United States District Court Irene Berger presided over the plea hearing. Assistant United States Attorney Kathleen Robeson is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00182.
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Oakland Man Sentenced for Possessing Fentanyl and Fentanyl AnaloguesRead the Press Release
PITTSBURGH - A resident of Pittsburgh, PA, has been sentenced in federal court to six years’ (72 months’) imprisonment on his conviction of possession with intent to distribute fentanyl and a fentanyl analogue, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on William Lewis, age 31.
According to information presented to the court, on August 5, 2017, officers with the Pittsburgh Bureau of Police executed a search warrant at the defendant’s residence in the Oakland neighborhood of Pittsburgh. Inside of the home, officers found a 56 grams of cyclopropyl fentanyl, an analogue of fentanyl, 225 stamp bags of packaged cyclopropyl fentanyl, stamped "Ferrari," and 19 stamp bags of fentanyl, along with drug packaging materials.
Prior to imposing sentence, Judge Cercone stated that the sentence was sufficient but not greater than necessary to achieve the goals of sentencing.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
United States Attorney Brady commended the Department of Homeland Security Investigations, the United States Postal Inspection Service and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Lewis.
Milford Man Sentenced to 82 Months for Bank RobberyRead the Press Release
CONCORD - Seamus Murphy, 38, formerly of Milford, was sentenced to 82 months for bank robbery, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on January 8, 2020, Murphy entered the People’s United Bank in Derry and gave a note to the teller, indicating he had a gun and demanding money. The teller gave him $712 from the drawer. Police arrived on scene and saw Murphy running toward a nearby fast food store where they encountered him and recovered the $712. Murphy was on federal supervised release at the time of the robbery.
Murphy previously pleaded guilty on October 6, 2020.
“Bank robberies are serious violent crimes that can jeopardize public safety and traumatize victims,” said U.S. Attorney Murray. “I am grateful for the fast response of the Derry Police Department and the hard work of the FBI. Their efforts allowed us to protect the public and get this dangerous criminal off the streets.”
"This is not Seamus Murphy’s first robbery. When given a chance at rehabilitation, to do better and be better, he chose recidivism instead, and terrorized employees of a second bank by threatening to start shooting if his demands weren’t met,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “New Hampshire is safer with him behind bars, and we thank our law enforcement partners on the Derry Police Department for helping us hold this reckless criminal accountable.”
This matter was investigated by the Federal Bureau of Investigation with assistance from the Derry Police Department. The case was prosecuted by Assistant U.S. Attorney Georgiana L. MacDonald.
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Michigan Man Indicted for Multi-Million Dollar N95 and N99 Mask FraudRead the Press Release
SAN FRANCISCO – The United States Attorney’s Office for the Northern District of California filed an indictment charging defendant Rodney L. Stevenson II with wire fraud, mail fraud, and money laundering for his operation of an e-commerce site that claimed to have N95 masks for sale during the current COVID-19 epidemic, announced United States Attorney David L. Anderson, U.S. Postal Inspector in Charge Rafael E. Nuñez, and Federal Bureau of Investigation Special Agent in Charge Craig Fair. Stevenson was previously arrested and charged via criminal complaint.
According to the indictment, Stevenson operated EM General, a Michigan limited liability company created in September 2019, which purported to sell N95 masks with N99 filters. At the onset of the COVID-19 pandemic in February 2020, EM General and its website, controlled by Stevenson, advertised that it had N95 masks “in stock” and available for shipping. EM General sold many of these masks for as much as $24.95 each. Also according to the indictment, to bolster the legitimacy of EM General, Stevenson created a professional-looking website that included the names, backstories, and stock photographs of a group of fake EM General executives. It also falsely described how long the company had been in business, its sales volume, and its reputation. Stevenson also used fictitious names in emails to customers.
The indictment alleges that, as the pandemic worsened and demand for N95 masks increased dramatically, EM General’s sales skyrocketed. EM General’s total sales from approximately on or about February 11, 2020, to approximately on or about March 8, 2020, were approximately $3,500,000 involving over 25,000 customers, the vast majority of which were sales of N95 masks that were never delivered to customers. This amount included over $900,000 in sales on February 28, 2020, alone.
According to the indictment, Stevenson and EM General delivered almost none of the masks. Instead, when customers complained and asked for refunds, Stevenson, at times communicating with Gmail accounts he created under the names of fake identities, generally refused to refund customers and instead offered a series of lies to fraudulently prolong his scheme while he continued selling masks. These lies included that EM General could not offer refunds because it had already paid for the customer’s order from a manufacturer, that products would ship soon, and that customers would receive tracking orders soon. For a small number of customers, Stevenson eventually fraudulently substituted masks that did not meet the standards set by the National Institutes of Occupational Safety and Health for N95 or N99 masks, meaning that they did not filter out 95 or 99 percent of particulate matter from the air.
Stevenson is charged with nine counts of wire fraud, in violation of 21 U.S.C. § 1343; one count of mail fraud, in violation of 18 U.S.C. § 1341; five count of laundering of monetary instruments, in violation of 18 U.S.C. § 1956(a)(1)(A)(i); and one count of money laundering, in violation of 18 U.S.C. § 1957.
An indictment merely alleges that crimes have been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of 20 years of prison, 5 years of probation, and a fine of $250,000 for each count of wire fraud or mail fraud, and a maximum sentence of 10 years of prison, 3 years of probation, and a fine of $250,000 for each count of laundering of monetary instruments or money laundering. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Stevenson was charged by criminal complaint with one count of wire fraud on April 22, 2020. He is currently scheduled for arraignment on the indictment on January 15, 2021, before Alex Tse, U.S. Magistrate Judge.
The case is being prosecuted by the Special Prosecutions Section the United States Attorney’s Office for the Northern District of California.
Manchester Man Sentenced to 5 Years in Federal Prison for Dealing FentanylRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MIKE CRUZ, also known as Mike Flores and “Mega,” 31, of Manchester, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 60 months of imprisonment, followed by four years of supervised release, for distributing fentanyl. Judge Meyer also ordered Cruz to pay a $10,000 fine.
According to court documents and statements made in court, in January 2020, law enforcement received information that Cruz was distributing large quantities of narcotics from his Manchester apartment. On February 18, 2020, investigators conducted a controlled purchase of approximately 50 grams of fentanyl from Cruz.
Cruz was arrested on a federal criminal complaint in Manchester on February 27, 2020. At the time of his arrest he possessed approximately 100 grams of compressed fentanyl. On that date, a search of his vehicle also revealed approximately 2,000 dose bags of fentanyl and other substances, and a search of his residence revealed $29,408 in cash.
In total, Cruz was responsible for distributing or possessing with the intent to distribute approximately 245 grams of fentanyl within a one-month period.
Cruz has been detained since his arrest. On September 23, 2020, he pleaded guilty to one count of possession with intent to distribute 40 grams or more of fentanyl.
Judge Meyer ordered Cruz to forfeit the cash seized on February 27, 2020.
This matter was investigated by the Drug Enforcement Administration’s Hartford Task Force, which includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments. The case was prosecuted by Assistant U.S. Attorney Margaret M. Donovan.
Man Pleads Guilty to Felon in Possession of a FirearmRead the Press Release
A man pleaded guilty today to being a felon in possession of a firearm, announced U.S. Attorney Trent Shores.
Thomas Jason Smith, 40, pleaded guilty this morning before Chief U.S. District Judge John E. Dowdell. Smith is a member of the Muscogee (Creek) Nation. His sentencing is set for April 14, 2021.
According to court documents, Smith was picked up by a friend in a stolen vehicle and taken to a hotel where they met up with several others. Tulsa Police Officers located the stolen vehicle at the hotel, observed several individuals exit the vehicle and enter a room, and then made contact with the group. In the hotel room, narcotics and multiple firearms were found. After a search of the stolen vehicle, officers discovered a .12 gauge shotgun in the back seat. In his plea agreement, Smith admitted that on August 8, 2020 he knowingly possessed a Tri-Star .12 gauge semi-automatic shotgun. He stated that he knew that his possession of the firearm was prohibited due to his criminal history.
“A stolen vehicle, illicit drugs, and guns are never a good combination, especially when those guns are possessed by a convicted felon,” said U.S. Attorney Trent Shores. “Thanks to some great police work, Thomas Smith was caught in the midst of a number of crimes. Following a thorough investigation by the FBI and Tulsa Police, Thomas Smith admitted his guilt and accepted responsibility for his actions. This is another success story for our 2150 Initiative as we removed more illegally possessed guns from the street.”
The FBI and the Tulsa Police Department conducted the investigation. Assistant U.S. Attorneys Cymetra M. Williams and Jeffrey A. Gallant are prosecuting the case.
The 2150 Initiative is a collaborative effort between the U.S. Attorney’s Office for the Northern District of Oklahoma, Tulsa Police Department, ATF, and all other local, state, tribal and federal law enforcement partners to combat violent crime by focusing efforts on prohibited persons in possession of firearms as well as those responsible as the “source” of the firearms to prohibited persons. The initiative was named in memory of Tulsa Police Sergeant Craig Johnson. Sgt. Johnson’s badge number, 2150, was selected for the initiative as a way to honor his life and his commitment to the Tulsa community. This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.
MS-13’s Highest-Ranking Leaders Charged with Terrorism Offenses in the United StatesRead the Press Release
Earlier today, an indictment was unsealed in Central Islip, New York charging 14 of the world’s highest-ranking MS-13 leaders who are known today as the Ranfla Nacional, which operated as the Organization’s Board of Directors, and directed MS-13’s violence and criminal activity around the world for almost two decades.
Specifically, the indictment charges the defendants with conspiracy to provide and conceal material support to terrorists, conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to finance terrorism and narco-terrorism conspiracy in connection with the defendants’ leadership of the transnational criminal organization over the past two decades from El Salvador, the United States, Mexico and elsewhere.
Defendant Borromeo Enrique Henriquez, aka “Diablito de Hollywood,” is widely recognized as the most powerful member of the Ranfla Nacional. Three of the indicted defendants, Fredy Ivan Jandres-Parada, aka “Lucky de Park View” and “Lacky de Park View,” Cesar Humberto Lopez-Larios, aka “El Grenas de Stoners” and “Oso de Stoners,” and Hugo Armando Quinteros-Mineros, aka “Flaco de Francis,” remain at large and should be considered armed and dangerous. Members of the public with information concerning their whereabouts are strongly encouraged to contact the Federal Bureau of Investigation’s (FBI) toll-free MS-13 tip line, 1-866-STP-MS13 (1-866-787-6713), or U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) at (866) 347-2423 or https://www.ice.gov/webform/ice-tip-form. Together, FBI and HSI have offered $20,000 in rewards for information leading to the arrest and conviction of each of the three fugitives. Henriquez and 10 other defendants are in custody in El Salvador. The United States will explore options for their extradition to the United States with the Government of El Salvador.
Acting Attorney General Jeffrey A. Rosen, Acting U.S. Attorney Seth D. DuCharme for the Eastern District of New York (EDNY), Director of Joint Task Force Vulcan (JTFV) John J. Durham, FBI Director Christopher A. Wray, and Executive Associate Director Derek Benner of HSI, announced the unsealing of the indictment.
Acting Attorney General Rosen said, “The indictment announced today is the highest-reaching and most sweeping indictment targeting MS-13 and its command and control structure in U.S. history. When Attorney General Barr announced the creation of JTFV in August 2019, he envisioned a whole-of-government approach that would combine proven prosecution tools from the past with innovative strategies designed specifically to eliminate MS-13 leadership’s ability to operate the gang and direct its terrorist activity. This indictment reflects an important step toward achieving that goal. By working side-by-side with our U.S. law enforcement partners and with our partners in El Salvador, we have charged MS-13’s highest-ranking leaders with operating a transnational criminal organization that utilizes terror to impose their will on neighborhoods, businesses and innocent civilians across the United States and Central America.”
“MS-13 is responsible for a wave of death and violence that has terrorized communities, leaving neighborhoods on Long Island and throughout the Eastern District of New York awash in bloodshed,” said Acting U.S. Attorney Seth D. DuCharme. “Even when incarcerated, the Ranfla Nacional continued to direct MS-13’s global operations, recruit new members, including children, into MS-13, and orchestrate murder and mayhem around the world. Today’s ground-breaking indictment seeks to demolish MS-13 by targeting its command and control structure and holding MS-13’s Board of Directors accountable for their terroristic actions.”
“The FBI is committed to combatting all forms of terrorism that threaten the American people as well as our international partners,” said FBI Director Christopher Wray. “In collaboration with our federal, state, local and international partners, we took aggressive steps to target and pursue some of the highest levels of leadership of MS-13. This operation is a clear signal to others who engage in this type of transnational criminal activity: the FBI will work tirelessly to bring them to justice wherever they are based.”
“For over a decade, HSI has remained steadfast in our resolve to dismantle transnational gangs like MS-13,” said HSI Executive Associate Director Benner. “As one of the most violent and dangerous criminal enterprises, MS-13 and Ranfla Nacional were directly responsible for unthinkable violence and criminal activity in communities across the United States and throughout Central America. As a result of the hard work and substantial resources dedicated to Joint Task Force Vulcan by our domestic and international law enforcement partners, this indictment will have a lasting disruptive effect on the future global illicit activities of this transnational criminal organization.”
Courtesy of the FBIAs alleged in the indictment, the Ranfla Nacional comprises the highest level of leadership of MS-13. In approximately 2002, the defendants and other MS-13 leaders began establishing a highly organized, hierarchical command and control structure as a means to effectuate their decisions and enforce their orders, even while in prison. They directed acts of violence and murder in El Salvador, the United States, and elsewhere, established military-style training camps for its members and obtained military weapons such as rifles, handguns, grenades, improvised explosive devices (IED) and rocket launchers. As leaders of MS-13, the defendants controlled swaths of territory and engaged in public relations efforts on behalf of the transnational criminal organization. Further, the defendants used MS-13’s large membership in the United States to engage in criminal activities, such as drug trafficking and extortion to raise money to support MS-13’s terrorist activities in El Salvador and elsewhere, and directed members in the United States to commit acts of violence, including murders, to further its goals.
As further alleged in the indictment, a central theme of the rules implemented by the Ranfla Nacional was the requirement of loyalty to MS-13, or to the “barrio.” The requirement for loyalty was central to all aspects of life for MS-13 members. Members who disobeyed the rules, showed disloyalty to the gang or to its leaders, cooperated with law enforcement, or disrespected other members were subject to severe punishment, including death. The rules put in place by the Ranfla Nacional allowed the gang to flourish in parts of the United States, including within the EDNY where, under the defendants’ command, MS-13 has committed numerous acts of violence—including murders, attempted murders, assaults, kidnappings, drug trafficking, extortion of individuals and businesses, obstructed justice and sent dues and the proceeds of criminal activity by wire transfer to MS-13 leaders in El Salvador.
As further outlined in the indictment, the Ranfla Nacional has exercised its power over the Government of El Salvador by committing acts of violence and intimidation over government officials, law enforcement and the population of El Salvador at large. In doing so the Ranfla Nacional has ordered the killing of law enforcement and government officials in El Salvador as well as ordering a “green light,” or killing, of a FBI Special Agent detailed to El Salvador investigating MS-13 and its members. Moreover, by controlling the level of MS-13’s violence, the Ranfla Nacional exercised leverage with the Government of El Salvador. For example, as alleged in the indictment, from approximately 2012 until approximately 2015, the Ranfla Nacional entered into a “truce” with the then-Government of El Salvador. As part of this agreement, the Ranfla Nacional directed MS-13 to reduce homicides in El Salvador in exchange for improved prison conditions, benefits and cash payments. In 2015, when this agreement collapsed, the Ranfla Nacional blamed the United States, believing that the U.S. government pressured the government of El Salvador to end the “truce” as a condition of receiving funds from the United States. Thereafter, in early 2016, the Ranfla Nacional began planning for a major campaign of coordinated violence in El Salvador in retaliation for the harsher measures imposed on its members after the end of the “truce.” As alleged in the indictment, the defendants ordered all cliques in El Salvador to create a specialized unit of MS-13 members to target police officers, military members, and government officials in El Salvador. These members underwent military training at MS-13 military training camps in El Salvador. The defendants also ordered all cliques, including those in the United States and in the EDNY, to provide profits from their MS-13-related criminal activity to be used to purchase weapons for the planned attacks on police in El Salvador. In total, the defendants collected over $600,000 U.S. dollars for this fund which was used to purchase weapons, including M-16s and M-60 machine guns, grenades, IEDs, and rocket launchers. Furthermore, the defendants ordered increased violence, including murders, in the EDNY and other parts of the United States, which saw a dramatic increase in MS-13 violence in 2016 and 2017.
Finally, as alleged in the indictment, the Ranfla Nacional directed the expansion of MS-13 activities around the world, most significantly into Mexico, where several high-ranking leaders were sent to organize operations there. In Mexico, MS-13 leaders made connections to obtain narcotics and firearms, conducted business with Mexican drug cartels such as the Zetas, Gulf Cartel, Cártel de Jalisco Nueva Generación (CJNG) and Sinaloa Cartel, and engaged in human trafficking and smuggling.
In August 2019, Attorney General William P. Barr created JTFV to carry out the recommendations of the MS-13 Subcommittee formed under the Attorney General’s Transnational Organized Crime Task Force (TOC Task Force). The Attorney General’s TOC Task Force resulted from President Donald J. Trump’s February 2017 Executive Order directing the Departments of Justice, State, and Homeland Security, and the Office of the Director of National Intelligence to coordinate a whole-of-government approach to dismantle transnational criminal organizations, such as MS-13, and increase the safety of the American people.
Since its creation, JTFV has successfully implemented a whole-of-government approach to combatting MS-13, including increasing coordination and collaboration with foreign law enforcement partners, including El Salvador, Mexico, Honduras and Guatemala; designating priority MS-13 programs, cliques and leaders, who have the most impact on the United States, for targeted prosecutions; and coordinating significant MS-13 indictments in U.S. Attorney’s Offices across the country, including the first use of national security charges against MS-13 leaders.
JTFV has been comprised of members from the Department of Justice’s National Security Division and the Criminal Division, as well as U.S. Attorney’s Offices across the country, including the EDNY; the District of New Jersey; the Northern District of Ohio; the District of Utah; the Eastern District of Virginia; the District of Massachusetts; the Eastern District of Texas; the Southern District of New York; the District of Alaska; the Southern District of Florida; the Southern District of California; the District of Nevada; and the District of Columbia. In addition, all Department of Justice law enforcement agencies are involved in the effort, including the FBI; the U.S. Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; and the U.S. Bureau of Prisons. In addition, HSI also plays a critical role in JTFV.
Acting Attorney General Rosen expressed his sincere thanks to Attorney General Raul Melara of El Salvador for the assistance of his office, as well as investigators from El Salvador’s Policía Nacional Civil, Centro Antipandilla Transnacional unit for their invaluable cooperation. Additionally, numerous Department of Justice components contributed to this indictment, including: the National Security Division’s Counterterrorism Section; the Justice Department’s Office of International Affairs; the Criminal Division’s Office of Overseas Prosecutorial Development, Assistance and Training; and Organized Crime and Gang Section; and the Organized Crime Drug Enforcement Task Forces Executive Office. Finally, consistent with President Trump’s Executive Order and the Attorney General’s whole of government approach, the Department of State has provided critical support for JTFV’s mission.
The charges announced today are allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. If convicted, the defendants face a maximum sentence of life in prison.
The government’s case is being prosecuted by Assistant U.S. Attorneys James Donnelly, Matthew Shepherd, and Stewart Young from JTFV, and Assistant U.S. Attorneys Paul G. Scotti, Justina L. Geraci, and Megan E. Farrell from the EDNY’s Long Island Criminal Division.
To learn more about the Justice Department’s efforts in combating MS-13 from 2016 to 2020, see report at https://www.justice.gov/ag/page/file/1329776/download.
A copy of the indictment and wanted posters in English and Spanish can be downloaded by clicking on: indictment, Fredy Ivan Jandres-Parada Wanted poster in English and Spanish, Cesar Humberto Lopez-Larios Wanted poster in English and Spanish, and Hugo Armando Quinteros-Mineros Wanted poster in English and Spanish.
The Defendants:
BORROMEO ENRIQUE HENRIQUEZ (“Diablito de Hollywood”)
Age: 42ELMER CANALES-RIVERA (“Crook de Hollywood”)
Age: 44EFRAIN CORTEZ (“Tigre de Park View” and “Viejo Tigre de Park View”)
Age: 51RICARDO ALBERTO DIAZ (“Rata de Leewards” and “Mousey de Leewards”)
Age: 47EDUARDO ERAZO-NOLASCO (“Colocho de Western” and “Mustage de Western”)
Age: 48EDSON SACHARY EUFEMIA (“Speedy de Park View”)
Age: 46JOSE FERNANDEZ FLORES-CUBAS (“Cola de Western”)
Age: 46FREDY IVAN JANDRES-PARADA (“Lucky de Park View” and “Lacky de Park View”)
Age: 45LEONEL ALEXANDER LEONARDO (“El Necio de San Cocos”)
Age: 40CESAR HUMBERTO LOPEZ-LARIOS (“El Grenas de Stoners” and “Oso de Stoners”)
Age: 42JOSE LUIS MENDOZA-FIGUEROA (“Pavas de 7-11” and “Viejo Pavas de 7-11”)
Age: 56HUGO ARMANDO QUINTEROS-MINEROS (“Flaco de Francis”)
Age: 48
SAUL ANTONIO TURCIOS (“Trece de Teclas”)
Age: 42ARISTIDES DIONISIO UMANZOR (“Sirra de Teclas”)
Age: 42MS-13’s Highest-Ranking Leaders Charged with Terrorism Offenses in the United StatesRead the Press Release
CENTRAL ISLIP, NY - Earlier today, an indictment was unsealed in Central Islip, New York charging 14 of the world’s highest-ranking MS-13 leaders who are known today as the Ranfla Nacional, which operated as the Organization’s Board of Directors, and directed MS-13’s violence and criminal activity around the world for almost two decades.
Specifically, the indictment charges the defendants with conspiracy to provide and conceal material support to terrorists, conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to finance terrorism and narco-terrorism conspiracy in connection with the defendants’ leadership of the transnational criminal organization over the past two decades from El Salvador, the United States, Mexico and elsewhere.
Defendant Borromeo Enrique Henriquez, aka “Diablito de Hollywood,” is widely recognized as the most powerful member of the Ranfla Nacional. Three of the indicted defendants, Fredy Ivan Jandres-Parada, aka “Lucky de Park View” and “Lacky de Park View,” Cesar Humberto Lopez-Larios, aka “El Grenas de Stoners” and “Oso de Stoners,” and Hugo Armando Quinteros-Mineros, aka “Flaco de Francis,” remain at large and should be considered armed and dangerous. Members of the public with information concerning their whereabouts are strongly encouraged to contact the Federal Bureau of Investigation’s (FBI) toll-free MS-13 tip line, 1-866-STP-MS13 (1-866-787-6713), or U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) at (866) 347-2423 or https://www.ice.gov/webform/ice-tip-form. Together, FBI and HSI have offered $20,000 in rewards for information leading to the arrest and conviction of each of the three fugitives. Henriquez and 10 other defendants are in custody in El Salvador. The United States will explore options for their extradition to the U.S. with the government of El Salvador.
Jeffrey A. Rosen, Acting Attorney General; Seth D. DuCharme, Acting U.S. Attorney for the Eastern District of New York (EDNY); John J. Durham, Director of Joint Task Force Vulcan (JTFV); Christopher A. Wray, Director, FBI; and Derek Benner, Executive Associate Director, HSI, announced the unsealing of the indictment.
“The indictment announced today is the highest-reaching and most sweeping indictment targeting MS-13 and its command and control structure in U.S. history. When Attorney General Barr announced the creation of JTFV in August 2019, he envisioned a whole-of-government approach that would combine proven prosecution tools from the past with innovative strategies designed specifically to eliminate MS-13 leadership’s ability to operate the gang and direct its terrorist activity. This indictment reflects an important step toward achieving that goal. By working side-by-side with our U.S. law enforcement partners and with our partners in El Salvador, we have charged MS-13’s highest-ranking leaders with operating a transnational criminal organization that utilizes terror to impose their will on neighborhoods, businesses and innocent civilians across the United States and Central America,” stated Acting Attorney General Rosen.
“MS-13 is responsible for a wave of death and violence that has terrorized communities, leaving neighborhoods on Long Island and throughout the Eastern District of New York awash in bloodshed,” said Acting U.S. Attorney DuCharme. “Even when incarcerated, the Ranfla Nacional continued to direct MS-13’s global operations, recruit new members, including children, into MS-13, and orchestrate murder and mayhem around the world. Today’s ground-breaking indictment seeks to demolish MS-13 by targeting its command and control structure and holding MS-13’s Board of Directors accountable for their terroristic actions.”
“The FBI is committed to combatting all forms of terrorism that threaten the American people as well as our international partners,” stated FBI Director Wray. “In collaboration with our federal, state, local and international partners, we took aggressive steps to target and pursue some of the highest levels of leadership of MS-13. This operation is a clear signal to others who engage in this type of transnational criminal activity: the FBI will work tirelessly to bring them to justice wherever they are based.”
“For over a decade, HSI has remained steadfast in our resolve to dismantle transnational gangs like MS-13, stated HSI Executive Associate Director Benner. “As one of the most violent and dangerous criminal enterprises, MS-13 and La Ranfla Nacional were directly responsible for unthinkable violence and criminal activity in communities across the United States and throughout Central America. As a result of the hard work and substantial resources dedicated to Joint Task Force Vulcan by our domestic and international law enforcement partners, this indictment will have a lasting disruptive effect on the future global illicit activities of this transnational criminal organization.”
As alleged in the indictment, the Ranfla Nacional comprises the highest level of leadership of MS-13. In approximately 2002, the defendants and other MS-13 leaders began establishing a highly-organized, hierarchical command and control structure as a means to effectuate their decisions and enforce their orders, even while in prison. They directed acts of violence and murder in El Salvador, the United States, and elsewhere, established military-style training camps for its members and obtained military weapons such as rifles, handguns, grenades, improvised explosive devices (IED) and rocket launchers. As leaders of MS-13, the defendants controlled swaths of territory and engaged in public relations efforts on behalf of the transnational criminal organization. Further, the defendants used MS-13’s large membership in the United States to engage in criminal activities, such as drug trafficking and extortion to raise money to support MS-13’s terrorist activities in El Salvador and elsewhere, and directed members in the United States to commit acts of violence, including murders, to further its goals.
As further alleged in the indictment, a central theme of the rules implemented by the Ranfla Nacional was the requirement of loyalty to MS-13, or to the “barrio.” The requirement for loyalty was central to all aspects of life for MS-13 members. Members who disobeyed the rules, showed disloyalty to the gang or to its leaders, cooperated with law enforcement, or disrespected other members were subject to severe punishment, including death. The rules put in place by the Ranfla Nacional allowed the gang to flourish in parts of the United States, including within the EDNY where, under the defendants’ command, MS-13 has committed numerous acts of violence—including murders, attempted murders, assaults, kidnappings, drug trafficking, extortion of individuals and businesses, obstructed justice and sent dues and the proceeds of criminal activity by wire transfer to MS-13 leaders in El Salvador.
As further outlined in the indictment, the Ranfla Nacional has exercised its power over the Government of El Salvador by committing acts of violence and intimidation over government officials, law enforcement and the population of El Salvador at large. In doing so the Ranfla Nacional has ordered the killing of law enforcement and government officials in El Salvador as well as ordering a “green light,” or killing, of a FBI Special Agent detailed to El Salvador investigating MS-13 and its members. Moreover, by controlling the level of MS-13’s violence, the Ranfla Nacional exercised leverage with the Government of El Salvador. For example, as alleged in the indictment, from approximately 2012 until approximately 2015, the Ranfla Nacional entered into a “truce” with the then-Government of El Salvador. As part of this agreement, the Ranfla Nacional directed MS-13 to reduce homicides in El Salvador in exchange for improved prison conditions, benefits and cash payments. In 2015, when this agreement collapsed, the Ranfla Nacional blamed the United States, believing that the U.S. government pressured the government of El Salvador to end the “truce” as a condition of receiving funds from the United States. Thereafter, in early 2016, the Ranfla Nacional began planning for a major campaign of coordinated violence in El Salvador in retaliation for the harsher measures imposed on its members after the end of the “truce.” As alleged in the indictment, the defendants ordered all cliques in El Salvador to create a specialized unit of MS-13 members to target police officers, military members, and government officials in El Salvador. These members underwent military training at MS-13 military training camps in El Salvador. The defendants also ordered all cliques, including those in the United States and in the EDNY, to provide profits from their MS-13-related criminal activity to be used to purchase weapons for the planned attacks on police in El Salvador. In total, the defendants collected over $600,000 U.S. dollars for this fund which was used to purchase weapons, including M-16s and M-60 machine guns, grenades, IEDs, and rocket launchers. Furthermore, the defendants ordered increased violence, including murders, in the EDNY and other parts of the United States, which saw a dramatic increase in MS-13 violence in 2016 and 2017.
Finally, as alleged in the indictment, the Ranfla Nacional directed the expansion of MS-13 activities around the world, most significantly into Mexico, where several high-ranking leaders were sent to organize operations there. In Mexico, MS-13 leaders made connections to obtain narcotics and firearms, conducted business with Mexican drug cartels such as the Zetas, Gulf Cartel, Cártel de Jalisco Nueva Generación (CJNG) and Sinaloa Cartel, and engaged in human trafficking and smuggling.
In August 2019, Attorney General William P. Barr created JTFV to carry out the recommendations of the MS-13 Subcommittee formed under the Attorney General’s Transnational Organized Crime Task Force (TOC Task Force). The Attorney General’s TOC Task Force resulted from President Donald J. Trump’s February 2017 Executive Order directing the Departments of Justice, State, and Homeland Security, and the Office of the Director of National Intelligence to coordinate a whole-of-government approach to dismantle transnational criminal organizations, such as MS-13, and increase the safety of the American people.
Since its creation, JTFV has successfully implemented a whole-of-government approach to combatting MS-13, including increasing coordination and collaboration with foreign law enforcement partners, including El Salvador, Mexico, Honduras and Guatemala; designating priority MS-13 programs, cliques and leaders, who have the most impact on the United States, for targeted prosecutions; and coordinating significant MS-13 indictments in U.S. Attorney’s Offices across the country, including the first use of national security charges against MS-13 leaders.
JTFV has been comprised of members from the Department of Justice’s National Security Division and the Criminal Division, as well as U.S. Attorney’s Offices across the country, including the EDNY; the District of New Jersey; the Northern District of Ohio; the District of Utah; the Eastern District of Virginia; the District of Massachusetts; the Eastern District of Texas; the Southern District of New York; the District of Alaska; the Southern District of Florida; the Southern District of California; the District of Nevada; and the District of Columbia. In addition, all Department of Justice law enforcement agencies are involved in the effort, including the FBI; the U.S. Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; and the U.S. Bureau of Prisons. In addition, HSI also plays a critical role in JTFV.
Acting Attorney General Rosen expressed his sincere thanks to Attorney General Raul Melara of El Salvador for the assistance of his office, as well as investigators from El Salvador’s Policía Nacional Civil, Centro Antipandilla Transnacional unit for their invaluable cooperation. Additionally, numerous Department of Justice components contributed to this indictment, including: the National Security Division’s Counterterrorism Section; the Justice Department’s Office of International Affairs; the Criminal Division’s Office of Overseas Prosecutorial Development, Assistance and Training; and Organized Crime and Gang Section; and the Organized Crime Drug Enforcement Task Forces Executive Office. Finally, consistent with President Trump’s Executive Order and the Attorney General’s whole of government approach, the Department of State has provided critical support for JTFV’s mission.
The charges announced today are allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. If convicted, the defendants face a maximum sentence of life in prison.
The government’s case is being prosecuted by Assistant U.S. Attorneys James Donnelly, Matthew Shepherd and Stewart Young from JTFV, and Assistant U.S. Attorneys Paul G. Scotti, Justina L. Geraci and Megan E. Farrell from the EDNY’s Long Island Criminal Division.
To learn more about the Justice Department’s efforts in combating MS-13 from 2016 to 2020, see report at /media/1120601/dl?inline.
The Defendants:
BORROMEO ENRIQUE HENRIQUEZ (“Diablito de Hollywood”)
Age: 42ELMER CANALES-RIVERA (“Crook de Hollywood”)
Age: 44EFRAIN CORTEZ (“Tigre de Park View” and “Viejo Tigre de Park View”)
Age: 51RICARDO ALBERTO DIAZ (“Rata de Leewards” and “Mousey de Leewards”)
Age: 47EDUARDO ERAZO-NOLASCO (“Colocho de Western” and “Mustage de Western”)
Age: 48EDSON SACHARY EUFEMIA (“Speedy de Park View”)
Age: 46JOSE FERNANDEZ FLORES-CUBAS (“Cola de Western”)
Age: 46FREDY IVAN JANDRES-PARADA (“Lucky de Park View” and “Lacky de Park View”)
Age: 45LEONEL ALEXANDER LEONARDO (“El Necio de San Cocos”)
Age: 40CESAR HUMBERTO LOPEZ-LARIOS (“El Grenas de Stoners” and “Oso de Stoners”)
Age: 42JOSE LUIS MENDOZA-FIGUEROA (“Pavas de 7-11” and “Viejo Pavas de 7-11”)
Age: 56HUGO ARMANDO QUINTEROS-MINEROS (“Flaco de Francis”)
Age: 48
SAUL ANTONIO TURCIOS (“Trece de Teclas”)
Age: 42ARISTIDES DIONISIO UMANZOR (“Sirra de Teclas”)
Age: 42E.D.N.Y. Docket No.: 20-CR-577 (JFB)
MIT Professor Arrested and Charged with Grant FraudRead the Press Release
BOSTON – A professor and researcher at Massachusetts Institute of Technology (MIT) was charged and arrested today in connection with failing to disclose contracts, appointments and awards from various entities in the People’s Republic of China (PRC) to the U.S. Department of Energy.
Gang Chen, 56, was charged by criminal complaint with wire fraud, failing to file a foreign bank account report (FBAR) and making a false statement in a tax return. Chen will make an initial appearance today before Magistrate Judge Donald L. Cabell.
According to charging documents, Chen is a naturalized U.S. citizen who was born in China. He is a professor and researcher at MIT where he serves as Director of the MIT Pappalardo Micro/Nano Engineering Laboratory and Director of the Solid-State Solar Thermal Energy Conversion Center (S3TEC). Since approximately 2013, Chen’s research at MIT has been funded by more than $19 million in grants awarded by various U.S. federal agencies.
Since 2012, Chen has allegedly held various appointments with the PRC designed to promote the PRC’s technological and scientific development by providing advice and expertise – sometimes directly to PRC government officials – and often in exchange for financial compensation. This includes acting as an “overseas expert” for the PRC government at the request of the PRC Consulate Office in New York and serving as a member of at least two PRC Talent Programs. Since 2013, Chen allegedly received approximately $29 million of foreign funding, including $19 million from the PRC’s Southern University of Science and Technology (SUSTech).
It is further alleged that Chen’s efforts to promote the PRC’s scientific and economic development were partially detailed in a February 2016 email that Chen sent himself using his MIT e-mail account. The email read:
1. promote chinese collaboration
2. China places innovation (scientific) as key and core not fashion [sic], but because
we must do it, from historic trend as well from our stage
3. our economy is no. 2, but from technology (structure of economy) and human
resources, we are far from no. 2
4. we are paying big price in environment, not sustainable, as well as from labor cost
5. environment protection and development in same place, environment even higher, clean energy if higher cost, reduce steel, cement. We must count on technology, cannot grow as past
6. communist 18th convention, scientific innovation placed at core. We realize not just independent innovation; but also internationalize to plan for and facilitate. Closed door innovation does not work; innovation as driving force
From at least 2017 to 2019 when Chen was serving in several advisory roles for the PRC and PRC entities, Chen applied for and obtained a U.S. Department of Energy (DOE) grant in order to fund a portion of his research at MIT. In doing so, it is alleged that Chen failed to disclose information about his ongoing affiliations with the PRC as required by DOE.
Chen also allegedly failed to disclose to the IRS in his 2018 tax return that he maintained a bank account in the PRC with more than $10,000 in 2018.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. The charge of making false statements provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of failing to file an FBAR provides for a sentence of up to five years in prison, three years 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.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Patrick J. Hegarty, Special Agent in Charge of the U.S. Department of Defense, Defense Criminal Investigative Service, Northeast Field Office; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigation, Boston; Joleen Simpson, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Jim Breckenridge, Special Agent in Charge of the Department of Energy, Office of Inspector General made the announcement today. Assistant U.S. Attorneys B. Stephanie Siegmann, Chief of Lelling’s National Security Unit, and Jason Casey and Timothy Kistner also of Lelling’s National Security Unit are prosecuting the case with assistance from Trial Attorney David Aaron of the National Security Division’s Counterintelligence and Export Control Section.
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.
UPDATE: Criminal charges against the defendant in this case were dismissed in January 2022.
Little Rock Man Sentenced to 25 Years in Prison for Extortion and Production of Child PornographyRead the Press Release
LITTLE ROCK— A Little Rock man has been sentenced to 25 years in prison for extortion and production of child pornography. Devion Cumbie, 25, was sentenced today by United States District Judge James M. Moody, Jr. The sentencing is announced by Acting United States Attorney Jonathan D. Ross and FBI Little Rock Special Agent in Charge Diane Upchurch.
In June 2020, in the first federal criminal jury trial in the state since the coronavirus pandemic began, a federal jury found Cumbie guilty on all seven counts for which he was indicted: production of child pornography, two counts of attempted production of child pornography, and four counts of extortion.
Testimony during the trial established that in late 2018, a 16-year-old girl in Colorado sent a Facebook message to “Chink Capone,” the online persona of an actor named Alex Drummond. However, the Facebook page actually belonged to Cumbie, posing as Drummond’s online persona. The two began talking, and Cumbie told the minor he might like to meet her soon but would first need to see some photographs of her in her underwear. Cumbie eventually convinced the minor to send him a partially nude photograph. Cumbie then threatened the minor that he would post the photo to her Facebook page unless she sent him a video of herself naked. The minor told her mother, and they reported the conduct to police.
Investigation revealed that Cumbie had conducted a similar scheme with numerous other victims, some of whom were minors. Additionally, Cumbie was on pretrial release awaiting trial on federal gun charges while he engaged in the conduct that led to the child pornography and extortion charges. Cumbie was indicted by a federal grand jury in July 2019, and his first trial in February 2020 ended in a hung jury. His second trial resulted in his October 2020 conviction. Cumbie is still awaiting trial on the separate firearms charge.
In addition to the 300 month prison sentence, Judge Moody sentenced Cumbie to 15 years of supervised release. The statutory penalty for production of child pornography, as well as attempted production of child pornography, is not less than 15 years imprisonment, not more than 30 years imprisonment, and not less than five years of supervised release. The statutory penalty for extortion is not more than two years imprisonment and not more than one year of supervised release. All offenses of conviction include a potential penalty of not more than a $250,000 fine.
The investigation was conducted by the FBI, and the case was prosecuted by Assistant United States Attorneys Kristin Bryant and Erin O’Leary.
# # #
This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
Kalamazoo Man Guilty of Distributing Fatal Dose of FentanylRead the Press Release
LANSING, MICHIGAN — On 12 Jan. 2021, Keenan Jermaine Dunigan, 34, pled guilty in federal court to distributing a fatal dose of the deadly synthetic opioid fentanyl to a 24-year-old Virginia native, then a resident of Kalamazoo.
Dunigan, whose trial was scheduled to begin on 26 January in U.S. District Court in Lansing, was charged with eight different counts involving drug-trafficking and firearms possession. He pled guilty to the most serious count, pursuant to a plea-agreement with the Government that requires a sentence between 25 and 35 years in prison. If he had gone to trial and been convicted of the distribution-causing-death charge, Dunigan would have been subject to a sentence of mandatory life-imprisonment.
In the afternoon of 14 Jan. 2020, the victim was discovered by his girlfriend in their apartment, unconscious and unresponsive. She called 911 and first-responders arrived to find the victim dead. Officers from the Kalamazoo Department of Public Safety (KDPS) also responded and recovered from a container in the apartment what appeared to be a residual amount of heroin. A few hours earlier and not far away, members of a Michigan State Police (MSP) fugitive team had located and arrested Dunigan on outstanding warrants. The MSP team had been working to find and arrest Dunigan because he became a fugitive in September 2019 after absconding from bond in a state drug-trafficking case, and also because he was the subject of a federal arrest warrant. This federal warrant issued because Dunigan stopped reporting as required under the terms of his supervised release, which began in October 2018 when he was released from federal prison after completing a 13-year-sentence for a 2008 federal drug-trafficking case. When arrested on 14 Jan. 2020, Dunigan was in the middle of making another drug sale.
Examination of the victim’s body determined that he died from a fatal dose of fentanyl. Laboratory examination of both the controlled substance recovered from his apartment and a controlled substance recovered during Dunigan’s arrest determined that both substances were the same unique mixture that included fentanyl and cutting agents.
Investigation by KDPS, the Kalamazoo Valley Enforcement team (KVET, an interagency drug unit), the Portage Police Department, and the DEA determined that Dunigan ran a very active heroin/fentanyl-dealing operation for at least several months before the victim died, and that Dunigan sold the victim the fentanyl that killed him. ATF assisted with the firearms investigation.
After Dunigan’s arrest on 14 Jan. 2020, he contacted three acquaintances and enlisted them to continue the drug business, at Dunigan’s direction from jail. Those three, also federally charged, have all pled guilty to drug-trafficking crimes. They are: Richie Lee Edmonds III, 30, of Kalamazoo; Sierra Singleton-Moore, 31, of Kalamazoo; and Jennifer Lynne Davis, 33, of Battle Creek.
“Anyone involved in illegal opioid distribution in West Michigan had better be clear-eyed about the fact that they are not just risking the lives of their customers, they are risking their own liberty—liberty measured by decades. The West Michigan law-enforcement community will come after them, they will be charged and convicted, and it will be a very long time before they get to make any important life-decisions for themselves again,” said U.S. Attorney Andrew Birge.
“The opioid crisis has torn lives apart, creating a great deal of pain and trauma in families across the Kalamazoo community. I was pleased to learn about these indictments, guilty pleas, and upcoming sentencing's. I hope they make it clear that we will not tolerate illegal narcotics distribution in our community. I want to express my gratitude to the United States Attorney’s Office, the United States Drug Enforcement Administration, and the Michigan State Police for their tireless work in bringing an end to this opioid distribution network. Cooperation and partnerships like these enable us to bring justice to the victims of this crisis,” added KDPS Chief Vernon Coakley Jr.
Sentencing's for all four defendants have been scheduled during May 2021 in Lansing, before U.S. District Judge Hala Y. Jarbou. The case is being prosecuted by Assistant U.S. Attorneys Kate Zell and Hagen W. Frank.
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Justice Department Settles with Texas-Based Staffing Company to Resolve Immigration-Related DiscriminationRead the Press Release
The Department of Justice announced today that it reached a settlement with National Systems America LP (National Systems), a Dallas, Texas-based staffing agency.
The settlement resolves the department’s claim that National Systems violated the Immigration and Nationality Act (INA) when it (1) imposed unlawful citizenship restrictions on applicants for certain positions and (2) required lawful permanent resident applicants, but not U.S. citizens, to provide a specific work authorization document to receive further consideration for a job.
“In the competitive and fast-paced IT staffing industry, it is critical for staffing companies not to impose unlawful hiring restrictions based on citizenship,” said Acting Assistant Attorney General John B. Daukas of the Civil Rights Division. “Employers must not request proof of work authorization before a job offer is accepted and must not interfere with a worker’s lawful right to present acceptable work authorization documents to prove authorization to work in the United States.”
Based on its investigation, the department concluded that National Systems implemented U.S. citizens-only hiring restrictions based on assumptions about its clients’ preferences, and regardless of whether there was any legal justification for doing so. The department also concluded that even when National Systems was willing to consider non-U.S. citizen applicants, such as a lawful permanent resident, the company nevertheless discriminated against them by requiring them to show specific documentation to confirm their work authorization before it would advance them to the next stage of the selection process.
In general, the INA allows employers to limit consideration for a job to U.S. citizens only when required by a law, regulation, government contract, or an Executive Order; not based on a client’s discriminatory preferences or assumptions about a client’s preferences. The INA also prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status or national origin. Instead, in the INA, Congress determined that all work-authorized individuals, regardless of citizenship status, may choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States. The INA does, however, permit employers to reject non-genuine looking documents. Finally, the INA does not permit an employer to verify an individual’s authorization to work before a job offer is accepted.
Under the terms of the settlement agreement, National Systems will pay to the United States a civil penalty of $34,200, train its employees about the requirements of the INA’s anti-discrimination provision, and change its policies to ensure future compliance with the statute.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, can file a charge. The public also can contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
The Civil Rights Division wants to hear about civil rights violations. Members of the public can report possible civil rights violations through the Civil Rights Division’s reporting portal.
Justice Department Recovers over $2.2 Billion from False Claims Act Cases in Fiscal Year 2020Read the Press Release
The Department of Justice obtained more than $2.2 billion in settlements and judgments from civil cases involving fraud and false claims against the government in the fiscal year ending Sept. 30, 2020, Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division announced today. Recoveries since 1986, when Congress substantially strengthened the civil False Claims Act, now total more than $64 billion.
“Even in the face of a nationwide pandemic, the department’s dedicated employees continued to investigate and litigate cases involving fraud against the government and to ensure that citizens’ tax dollars are protected from abuse and are used for their intended purposes,” said Acting Assistant Attorney General Clark. “The continued success of the department’s False Claims Act enforcement efforts are a testament to the dedication of the civil servants who pursue these important cases as well as to the fortitude of whistleblowers who report fraud.”
Of the more than $2.2 billion in settlements and judgments recovered by the Department of Justice this past fiscal year, over $1.8 billion relates to matters that involved the health care industry, including drug and medical device manufacturers, managed care providers, hospitals, pharmacies, hospice organizations, laboratories, and physicians. The amounts included in the $1.8 billion reflect only federal losses, and, in many of these cases, the department was instrumental in recovering additional tens of millions of dollars for state Medicaid programs.
In addition to combating health care fraud, the False Claims Act serves as the government’s primary civil tool to redress false claims for federal funds and property involving a multitude of other government operations and functions. The act helps to support our military and first responders by ensuring that government contractors provide equipment that is safe, effective, and cost efficient; to safeguard American businesses and workers by promoting compliance with customs laws, trade agreements, visa requirements, and small business protections; and to protect other critical government programs ranging from the provision of disaster relief funds to nutrition benefits for needy families.
In 1986, Congress strengthened the act by increasing incentives for whistleblowers to file lawsuits alleging false claims on behalf of the government. These whistleblower, or qui tam, actions comprise a significant percentage of the False Claims Act cases that are filed. If the government prevails in a qui tam action, the whistleblower, also known as the relator, typically receives a portion of the recovery ranging between 15 and 30 percent. Whistleblowers filed 672 qui tam suits in fiscal year 2020, and this past year the department recovered over $1.6 billion in these and earlier-filed suits.
Health Care Fraud
The department’s health care fraud enforcement efforts restore funds to federal programs such as Medicare, Medicaid, and TRICARE, the health care program for service members and their families. But just as important, the department’s vigorous pursuit of health care fraud prevents billions more in losses by deterring others who might otherwise try to cheat the system for their own gain. The department investigates and resolves matters involving a wide array of health care providers, goods, and services.
The largest recoveries in the past year came from the drug industry. For example, following years of litigation and multiple unsuccessful attempts to have the government’s claims dismissed, Novartis Pharmaceuticals Corporation paid over $591 million to resolve claims that it paid kickbacks to doctors to induce them to prescribe its drugs. Novartis sales representatives, on the instruction of their managers, selected high-volume prescribers to serve as paid “speakers” to induce the prescribers to write Novartis prescriptions.
The department also continued to investigate efforts by drug manufacturers to protect high drug prices by funding the co-payments of Medicare patients. Congress included co-pay requirements in the Medicare program, in part, to serve as a check on health care costs, including the prices that pharmaceutical manufacturers can demand for their drugs. This year, two pharmaceutical manufacturers – Novartis and Gilead Sciences – paid a combined total of over $148 million to resolve claims that they illegally paid patient copays for their own drugs through purportedly independent foundations that the companies in fact treated as mere conduits for these payments. In addition, four of the purportedly independent foundations paid a total of $13 million this year to resolve liability for their involvement in the kickback schemes. In August 2020, the department sued Teva Pharmaceuticals USA, Inc. and Teva Neurosciences, Inc., alleging that they conspired with two purportedly independent foundations to illegally subsidize Medicare co-pays for the drug Copaxone.
The department continued to pursue opioid-related fraud schemes. One of the largest opioid-related recoveries this past year was from Practice Fusion, Inc., a health information technology developer that accepted kickbacks from the opioid manufacturer Purdue Pharma in exchange for implementing clinical decision support alerts in its electronic health records (EHR) software that were designed to increase prescriptions for OxyContin, and caused its users to submit false claims for federal incentive payments by misrepresenting the capabilities of its EHR software. In addition, the $145 million Practice Fusion settlement reflects that complex EHR-related fraud schemes remain a focus of the Department’s work.
Kickbacks in the healthcare industry are pernicious because of their potential to subvert medical decision-making. In addition to pursuing improper payments by drug manufacturers, the department resolved other schemes involving the willful solicitation or payment of illegal remuneration to induce the purchase of a good or service paid for by a federal health care program. For example, ResMed Corp., a durable medical equipment manufacturer, agreed to pay more than $37 million to resolve allegations that it paid kickbacks to suppliers, sleep labs, and other health care providers. The Oklahoma Center for Orthopaedic and Multi-Specialty Surgery, a specialty hospital in Oklahoma City, its part-owner and management company, an orthopedic physician group, and two physicians agreed to pay a total of over $72 million to resolve allegations that the hospital provided improper remuneration to the physician group in exchange for patient referrals. UTC Laboratories Inc. (RenRX) agreed to pay $41.6 million, and its three principals agreed to pay $1 million, to resolve allegations that they paid kickbacks in exchange for laboratory referrals for pharmacogenetic testing and for furnishing and billing for tests that were not medically necessary.
In addition to these recoveries, in March 2020, the department filed a complaint against medical device manufacturer SpineFrontier, Inc., its Chief Executive Officer, Dr. Kingsley Chin, and certain related entities and individuals, alleging that they paid kickbacks to spine surgeons in the form of sham “consulting” agreements to induce use of SpineFrontier surgical devices.
As in years past, the department also resolved a number of matters in which providers billed federal health care programs for medically unnecessary services or services not rendered as billed. For example, Universal Health Services paid $117 million to resolve allegations that its inpatient psychiatric hospitals and residential psychiatric and behavioral treatment facilities knowingly submitted false claims for inpatient behavioral health services that were not reasonable or medically necessary and/or failed to provide adequate and appropriate services to its patients. Additionally, Logan Laboratories, Inc., pain clinic Tampa Pain Relief Centers, Inc., and two of their former executives agreed to pay a total of $41 million to resolve allegations that they automatically ordered both presumptive and definitive urine drug tests for all patients at every visit, without any individualized determination that either test was medically necessary for the particular patients for whom the tests were ordered.
The department also pursued health care frauds arising under government contracts, as in the case of its $1.85 million settlement with Veterans Administration contractor Sterling Medical Associates for allegedly failing to offer timely appointments to veterans and falsifying wait times at Minnesota outpatient clinics.
Procurement Fraud
In the past year, the department also pursued a variety of other fraud matters involving the government’s purchase of goods and services. For example, major federal contractors Bechtel National Inc., Bechtel Corporation, AECOM Energy & Construction, Inc., and their joint venture Waste Treatment Completion Company, LLC agreed to pay over $57 million to resolve allegations that they submitted false claims to the U.S. Department of Energy by charging inflated labor hours and by billing for work not actually performed to construct and maintain the Hanford Waste Treatment Plant.
In another case, QuantaDyn Corporation agreed to pay $37 million to resolve both its criminal and civil liability for engaging in a bribery scheme to steer government contracts for training simulators to the company. William T. Dunn Jr., the President and Chief Executive Officer of QuantaDyn, separately agreed to pay $500,000 to resolve his personal civil liability for the alleged scheme.
In some cases, the department pursued allegations that government contractors provided goods or services that did not comply with contract requirements. For example, Unitrans International, Inc. agreed to pay $27 million to resolve allegations that it fraudulently induced the Army and the U.S. Defense Logistics Agency (DLA) to award wartime contracts for food and trucks by falsely certifying compliance with United States sanctions against Iran. The agreement also resolved allegations that a company associated with Unitrans falsely represented construction progress on a warehouse to induce DLA to award the prime vendor contract to provide food to U.S. troops in Afghanistan. In another matter, Bradken Inc., a subsidiary of Hitachi Construction Machinery and a leading supplier of high-yield steel for naval submarines, paid over $10 million to resolve allegations that it produced and sold substandard steel components for installation on U.S. Navy submarines. The government alleged that Bradken produced castings that failed lab tests and did not meet the Navy’s standards, and that its Director of Metallurgy falsified test results to hide the failures.
SK Engineering & Construction Co. Ltd., one of the largest engineering firms in South Korea, paid $7.8 million to settle False Claims Act claims arising out of a fraudulent scheme to obtain a large U.S. Army construction contract in South Korea by paying millions of dollars to an Army contracting official through a fake Korean construction company. The firm also entered into a plea agreement with the United States and paid over $60 million in criminal fines for the same misconduct.
Other Fraud Recoveries
The number and variety of judgments and settlements announced during fiscal year 2020 reflect the diversity of fraud recoveries arising under the False Claims Act. For example, Hybrid Tech Holdings LLC, Hybrid Technology LLC, and Ace Strength International LTD, agreed to pay $29 million to resolve allegations that they violated the False Claims Act by colluding to rig the bidding of an auction to purchase a non-performing loan from the U.S. Department of Energy.
This year, three states paid a total of over $24 million to resolve allegations that they violated the False Claims Act in their administration of the Supplemental Nutrition Assistance Program (SNAP), previously known as the Food Stamp Program. Although the federal government funds SNAP benefits, it relies on the states to determine whether applicants are eligible for benefits, to administer those benefits, and to perform quality control to ensure that eligibility decisions are accurate. The settlements resolved allegations that the states submitted false quality control data and information to the U.S. Department of Agriculture for which they received performance bonuses to which they were not entitled.
The department pursued fraud in connection with Public Assistance program funds that FEMA provided to institutional applicants, such as schools and universities, for the replacement of facilities damaged by Hurricane Katrina. For example, Xavier University of Louisiana agreed to pay $12 million to resolve allegations that it received excess disaster assistance funds that substantially exceeded the amounts it was entitled to receive under program rules. The settlement with Xavier was based on false and misleading repair estimates that were submitted on its behalf by AECOM and certain affiliates, which received more than $300 million from FEMA between 2005 and 2019 to serve as technical assistance contractors in support of FEMA’s disaster response efforts. In July 2020, the department filed a complaint against AECOM and its affiliates for their role in the alleged scheme.
Linde GmbH, a multinational corporation that imports materials into the United States to build natural gas and chemical manufacturing plants, and its U.S. subsidiary, the importer of record, agreed to pay more than $22 million to resolve allegations that they knowingly made false statements on customs declarations to avoid paying duties owed on the companies’ imports, including in some instances antidumping and countervailing duties. Linde and its subsidiary allegedly misrepresented the nature, classification, and valuation of imported merchandise, as well as the applicability of free trade agreements.
The Scripps Research Institute agreed to pay $10 million to settle claims that it improperly charged NIH-funded research grants for time spent by researchers on non-grant related activities such as developing, preparing, and writing new grant applications, teaching, and engaging in other administrative activities.
Lakeway Regional Medical Center LLC agreed to pay $13.5 million to resolve allegations that it improperly obtained Federal Housing Administration insurance for a mortgage to develop a Texas hospital and used loan funds in violation of FHA requirements. Five other individuals and entities involved in the development project paid an additional $1.8 million for their part in the alleged scheme.
Holding Individuals Accountable
The department continued its commitment to use the False Claims Act and other civil remedies to deter and redress fraud by individuals as well as corporations. A number of corporate settlements required individuals, particularly senior executives or owners, to pay a portion of the settlement amount, as noted above. The following are additional examples of recoveries involving individuals.
Following a $260 million settlement with Health Management Associates, the department negotiated a $4.25 million civil settlement with Glenn A. Kline, D.O. and his surgical practice, Community Surgical Associates, to resolve civil allegations relating to illegal kickbacks received from two hospitals formerly operated by HMA. To secure Dr. Kline’s referrals, HMA allegedly paid Dr. Kline in excess of the fair market value of his services and paid additional amounts to benefit his practice, Community Surgical Associates. These funding arrangements were allegedly structured to disguise payments that were, in actuality, payments for patient referrals rather than for legitimate services.
In connection with the department’s litigation against SpineFrontier, six orthopedic surgeons agreed to pay a total of over $3.25 million to resolve allegations that they accepted kickbacks in the form of sham consulting fees from SpineFrontier and a third-party entity, Impartial Medical Experts, LLC, which was owned and controlled by the company’s founder and CEO. The consulting payments were allegedly based on the number of times the surgeons used a SpineFrontier product in a given month, as opposed to the actual time they spent consulting. As part of the settlement agreements, each physician admitted to reporting and being paid for consulting hours in excess of actual or documented consulting time.
In another example, Texas doctor Bibi Sattar and her medical practice paid $210,000 to resolve allegations that she accepted kickbacks in the form of sham laboratory processing and handling fees in exchange for referring laboratory tests to True Health Diagnostics, LLC.
As part of a $4.25 million settlement, five individual shareholders of Dave O’Mara Contractor, Inc. (DOCI), an Indiana-based asphalt contractor, agreed to pay a total of nearly $2 million to resolve the United States’ allegations that DOCI violated the False Claims Act by misrepresenting to the government the materials that were used to pave federally funded roads in the state of Indiana. Specifically, the government alleged that DOCI claimed that its hot mix asphalt mixture contained a sufficient amount of binder or glue to hold the mix together when, in fact, DOCI frequently failed to meet the minimal levels of binder required to properly pave the roads.
Recoveries in Whistleblower Suits
Of the $2.2 billion in settlements and judgments reported by the government in fiscal year 2020, over $1.6 billion arose from lawsuits filed under the qui tam provisions of the False Claims Act. During the same period, the government paid out $309 million to the individuals who exposed fraud and false claims by filing these actions.
The number of lawsuits filed under the qui tam provisions of the Act has grown significantly since 1986, with 672 qui tam suits filed this past year – an average of nearly 13 new cases every week.
“Whistleblowers with insider information are critical to identifying and pursuing new and evolving fraud schemes that might otherwise remain undetected,” said Acting Assistant Attorney General Clark. “These individuals often make substantial sacrifices to bring these schemes to light, and our efforts to protect taxpayer funds continue to benefit from their actions.”
In 1986, Senator Charles Grassley and Representative Howard Berman led the successful efforts in Congress to amend the False Claims Act to, among other things, encourage whistleblowers to come forward with allegations of fraud. In 2009 and 2010, further improvements were made to the False Claims Act and its whistleblower provisions.
Pending Recoveries
The $2.2 billion in recoveries announced today do not include settlements totaling billions of additional dollars that are not yet final or did not become final before the end of the fiscal year. On Oct. 21, 2020, the department reached a resolution with Purdue Pharma that provides the United States with an allowed, unsubordinated, general unsecured bankruptcy claim of $2.8 billion to resolve allegations that Purdue caused false claims to be submitted to federal health care programs arising from its conduct in promoting and unlawfully inducing prescriptions of opioids. The settlement remains contingent on the inclusion of certain conditions in a chapter 11 plan of reorganization. Under a separate civil settlement, individual members of the Sackler family agreed to pay the United States $225 million arising from their alleged conduct in intensifying marketing efforts directed toward extreme, high-volume prescribers.
The department also concluded a multi-year investigation of Indivior plc related to its marketing of the opioid addiction treatment drug Suboxone. In July 2020, Indivior agreed to pay a total of $600 million, of which $300 million was paid to resolve civil allegations that Indivior promoted Suboxone to physicians who were writing prescriptions for uses that were unsafe, ineffective, and medically unnecessary and used false and misleading claims that it was less susceptible to diversion, abuse, and accidental pediatric exposure than other buprenorphine products. The global resolution was conditioned on the district court’s acceptance of Indivior’s criminal plea, which occurred in November 2020.
While these resolutions are not included in the total recoveries for fiscal year 2020, they are notable because they reflect significant work over the last year on opioid matters, one of the department’s key priorities.
Acting Assistant Attorney General Clark expressed appreciation for all the work over the past year by the many public servants who continued to support the department’s efforts to protect the public fisc: “I am grateful to all those in the Civil Division and the U.S. Attorneys’ Offices, as well as the agency Offices of Inspector General and the many other federal and state agencies who worked tirelessly, often overcoming daunting challenges, to provide substantial benefits to the taxpayers.”
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Except where indicated, the government’s claims in the matters described above are allegations only and there has been no determination of liability. The numbers contained in this press release may differ slightly from the original press releases due to accrued interest.
Justice Department Issues Favorable Business Review Letter to Institute of International Finance for Sovereign Debt Information Sharing PrinciplesRead the Press Release
The Department of Justice’s Antitrust Division announced today that it has completed its review of the proposal by the Institute of International Finance (IIF) to promulgate voluntary guidelines, called the Principles for Debt Transparency (Principles), allowing for public disclosure of information regarding the issuance of sovereign debt. Based on the representations in IIF’s letter request, including its description of certain safeguards, the department has concluded that the Principles are unlikely to harm competition. Therefore, the department does not presently intend to challenge IIF’s proposed Principles.
“IIF’s proposed Principles will enhance transparency in the market for sovereign debt,” said Assistant Attorney General Makan Delrahim of the Department of Justice Antitrust Division. “IIF has put in place safeguards to avoid harm to competition, such as making the Principles voluntary, delaying the release of information, and grouping specific price terms (such as interest rates) into more general ranges.”
According to the department’s business review letter, IIF represents a wide constituency in the international finance industry, including approximately 450 members from 70 countries, that had input into the proposed Principles. The department’s business review letter recognizes that the current sovereign debt market often lacks transparency, which can lead to increased transaction costs and less efficient pricing. IIF’s proposed Principles attempt to remedy those issues by allowing for voluntary and delayed disclosure of some terms from the issuance of sovereign debt.
Under the department’s business review procedure, an organization may submit a proposed action to the Antitrust Division and receive a statement as to whether the department currently intends to challenge the action under the antitrust laws based on the information provided. The department reserves the right to challenge the proposed action under the antitrust laws if the actual operation of the proposed conduct proves to be anticompetitive in purpose or effect.
Copies of the business review request and the department’s response are available on the Antitrust Division’s website at https://www.justice.gov/atr/business-review-letters-and-request-letters, as well as in a file maintained by the Antitrust Documents Group of the Antitrust Division. After a 30-day waiting period, any documents supporting the business review will be added to the file, unless a basis for their exclusion for reasons of confidentiality has been established under the business review procedure. Supporting documents in the file will be maintained for a period of one year, and copies will be available upon request to the FOIA/Privacy Act Unit, Antitrust Documents Group at [email protected].
Justice Department Files Lawsuit Against Two California Doctors for Discrimination Against Patient with HIVRead the Press Release
The Justice Department filed lawsuits today alleging that two obstetrician-gynecologist (OB/GYN) doctors in Bakersfield, California, refused to provide routine medical care to a patient on the basis of her HIV status, in violation of Title III of the Americans with Disabilities Act (ADA).
“The Justice Department continues to work to end discriminatory and stigmatizing treatment of people with HIV based on unfounded fears and stereotypes,” said Acting Assistant Attorney General John Daukas for the Civil Rights Division. “Medical providers have a legal obligation under the ADA to provide individuals with HIV equal access to healthcare services, and are in the best position to ensure all involved are adequately protected.”
The complaints, filed in the Eastern District of California, allege that Dr. Chibuike Anucha, MD, PC, and Dr. Umaima Jamaluddin, MD, in unconnected incidents, refused to provide routine OB/GYN care to a patient due to the patient’s HIV status. According to the complaint against Dr. Jamaluddin, the doctor refused to allow the patient to make an appointment for preventative care, including a Pap smear, when she learned of the patient’s HIV status during intake. According to the complaint against Dr. Anucha, the doctor, during a consultation for uterine fibroids, told the patient that she needed a Pap smear, but the doctor said he would not perform it because he does not treat high-risk patients, including patients with HIV. The lawsuit alleges that a Pap smear is a routine medical procedure, and that an individual with HIV is not high-risk for a Pap smear such that referral to a specialist would be necessary.
Title III of the ADA prohibits public accommodations, including doctors or other professional offices of health care providers, from discriminating against people with disabilities, including those with HIV. These prohibitions include denying individuals with disabilities the ability to benefit from the public accommodation’s goods or services.
For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. The complaint for Dr. Anucha can be viewed here: https://www.ada.gov/anucha_comp.html. The complaint for Dr. Jamaluddin can be viewed here: https://www.ada.gov/jamaluddin_comp.html.
Jackson Woman Sentenced to 5 Years in Prison under Project EJECT for Illegally Possessing FirearmRead the Press Release
Jackson, Miss. – Cherilyn Patrice Humphery, 46, of Jackson, was sentenced today by Senior U.S. District Judge Tom S. Lee, to 60 months in federal prison and 3 years of supervised release for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Michelle A. Sutphin with the Federal Bureau of Investigation. Smith was also ordered to pay a $1,500 fine.
On May 23, 2019, the Jackson Police Department was looking for a potential robbery suspect at a local hotel. Law enforcement came in contact with Humphery in a hotel room. Officers obtained consent to search the room and found cocaine residue and a firearm. Humphery admitting ownership of the firearm. Humphery was previously convicted of armed robbery and manslaughter in Hinds County in 1995, cocaine possession in Hinds County in 1998, and being a felon in possession of a firearm and brandishing a firearm during and relation to a crime of violence in the United States District Court for the Southern District of Mississippi in 2003.
Humphery was indicted on January 15, 2020 and pled guilty before Judge Lee on October 8, 2020.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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.
The Federal Bureau of Investigation and the Jackson Police Department investigated the case. The case was prosecuted by Assistant United States Attorney Chris Wansley.
Inmate at USP Lee Pleads Guilty to Weapon PossessionRead the Press Release
ABINGDON, Virginia - Juan Fernando Sanchez, an inmate at United States Penitentiary (USP) Lee in Jonesville, Virginia, pleaded guilty earlier this week in U.S. District Court in Abington to possessing contraband within a prison, Acting United States Attorney Daniel P. Bubar announced today.
Sanchez, 24, pleaded guilty January 12, 2021 to one count of possession of contraband inside a federal prison, specifically a prison made shank designed to be used as a weapon.
A sentencing hearing has been scheduled for April 13, 2021. At sentencing, Sanchez faces a maximum statutory penalty of 60 months in prison.
The investigation of the case was conducted by the Federal Bureau of Prisons. Special Assistant United States Attorney Debbie Stevens prosecuted the case for the United States.
Individual Indicted for Possession of Machinegun in Furtherance of A Drug Trafficking CrimeRead the Press Release
SAN JUAN, Puerto Rico – On January 14, 2021, a federal grand jury returned a four-count indictment charging Lorenzo Torres-Echevarría with firearms violations and drug trafficking, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. The Bureau of Alcohol, Tobacco, Firearms and Explosives is in charge of the investigation of the case.
According to the indictment, on January 10, 2021, in the District of Puerto Rico, defendant Torres-Echevarría knowingly possessed one Glock pistol, model 27, .40 caliber, modified to fire automatically more than one shot by a single pull of the trigger, in furtherance of a drug trafficking crime. The defendant is charged with possession with intent to distribute cocaine and marihuana.
Upon conviction of the offenses the defendant shall forfeit to the United States any firearms and ammunition involved in the commission of the offense, including, but not limited to: one Glock pistol, model 27, .40 caliber; seventy-four rounds of .40 caliber ammunition; eight rounds of .380 caliber ammunition; and one Glock magazine.
Assistant U.S. Attorney Marc Chattah is in charge of the prosecution of the case. If convicted of the 924(c) machine gun charge, the defendant faces a 30-year mandatory minimum sentence.
An indictment contains only charges and is not evidence of guilt. Defendants are presumed to be innocent unless and until proven guilty.
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Hyde Park Man Indicted on Bank Robbery ChargeRead the Press Release
BOSTON – A Hyde Park man was indicted today by a grand jury in Boston in connection with robbing a Citizen’s Bank in Concord.
Angel Robles, 36, was indicted on one count of armed bank robbery. Robles was charged by criminal complaint in November 2020.
According to the indictment, on Nov. 9, 2020, Robles entered the Citizen’s Bank in Concord, gave the teller a note that read “ROBBERY, ONLY READY TO DIE ON A DEATH WISH,” stole approximately $358 and left the Bank.
The charge of bank robbery provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of Federal Bureau of Investigation, Boston Field Division; Lynn Police Chief Michael Mageary; Concord Police Chief Joseph F. O'Connor; and Saugus Police Chief Michael Ricciardelli made the announcement today. Assistant U.S. Attorney Evan Gotlob of Lelling’s Major Crimes Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Husband and Wife Sentenced for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a man and a woman from Brookings, South Dakota, convicted of Conspiracy to Distribute a Controlled Substance, were sentenced on January 11, 2021 by U.S. District Judge Karen E. Schreier.
Jeremy Dean Riemersma, age 41, was sentenced to 70 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Jody Marie Riemersma, age 42, was sentenced to 12 months and a day months in federal prison, followed by two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
The Riemersmas were indicted by a federal grand jury on April 2, 2019. They both pled guilty on May 11, 2020.
The conviction stemmed from incidents beginning on an unknown date, until on or about April 1, 2019, in the District of South Dakota, when the Riemersmas knowingly and intentionally combined, conspired, confederated, and agreed together with each other, and others known and unknown, to intentionally distribute 50 grams or more of a mixture and substance containing methamphetamine. Methamphetamine is a Schedule II controlled substance.
This case was investigated by the Division of Criminal Investigation and various law enforcement agencies in Minnesota. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Jeremy and Jody Riemersma were ordered to self-surrender to the custody of the U.S. Marshals Service by February 16, 2021.
Hollywood Man Pleads Guilty to Federal Charge that He Recklessly Operated Drone that Collided with and Damaged LAPD HelicopterRead the Press Release
LOS ANGELES – A Hollywood man pleaded guilty today to a federal criminal charge that he recklessly operated a drone that crashed into and damaged the fuselage of a Los Angeles Police Department helicopter.
Andrew Rene Hernandez, 22, pleaded guilty to one misdemeanor count of unsafe operation of an unmanned aircraft.
According to his plea agreement, on September 18, 2020, at approximately 12:18 a.m., Hernandez heard police vehicles driving near his residence and a police helicopter flying overhead. Curious about the commotion, Hernandez launched a drone that he owned toward the police activity and in the helicopter’s direction.
An LAPD helicopter operated by two police officers was flying towards a reported emergency at a pharmacy in Hollywood. As the helicopter approached the pharmacy, the pilot saw the drone and attempted to evade the unmanned aircraft.
Despite the evasive efforts, the drone stuck the helicopter, forcing the pilot to initiate an emergency landing. According to an affidavit filed with a criminal complaint in this case, “if the drone had struck the helicopter’s main rotor instead of the fuselage, it could have brought the helicopter down.”
LAPD officers located parts of the drone near the pharmacy and discovered a vehicle damaged by the drone as it fell from the sky. Further investigation, including a review of the drone’s camera and secure digital (SD) card, led to the identification of Hernandez as the drone’s operator, according to court documents.
United States District Judge George H. Wu scheduled an April 12 sentencing hearing, at which time Hernandez will face a statutory maximum sentence of one year in federal prison.
The investigation in this matter was conducted by the FBI’s Joint Terrorism Task Force and the LAPD, with the assistance of the Federal Aviation Administration. This conviction is believed to be the nation’s first criminal conviction for the unsafe operation of an unmanned aircraft.
This case is being prosecuted by Assistant United States Attorney Reema M. El-Amamy of the Terrorism and Export Crimes Section.
Hartford Man Charged with Federal Narcotics and Firearm OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, today announced that CHRISTOPHER ALAMO, 33, of Hartford, was arrested yesterday on federal narcotics distribution and firearm possession charges.
Alamo appeared yesterday via videoconference before U.S. Magistrate Judge Thomas O. Farrish and was ordered detained pending a detention hearing that is scheduled for January 19.
As alleged in court documents, the Drug Enforcement Administration’s Hartford Task Force identified Alamo as a distributor of heroin and cocaine in Connecticut, New York and elsewhere. On January 13, 2021, Alamo was arrested after a court-authorized search of his Hartford residence revealed more than 12,000 dose bags of suspected fentanyl, approximately 390 grams of loose fentanyl, approximately one kilogram of cocaine, approximately 300 grams of marijuana, items used to process and package narcotics for street sale, a .40 caliber Glock 22 handgun equipped with a loaded high-capacity magazine, a separate large capacity magazine loaded with 51 rounds of 9mm ammunition, and a bulletproof vest.
It is alleged that Alamo’s criminal history includes felony convictions for narcotics, weapon and larceny offenses. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
The criminal complaint charges Alamo with possession with intent to distribute 500 grams or more of cocaine and 40 grams or more of fentanyl, an offense that carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years, possession of firearm by a convicted felon, an offense that carries a maximum term of imprisonment of 10 years, and possession of a firearm in furtherance of a drug trafficking crime, an offense that carries a consecutive term of imprisonment of at least five years.
U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The DEA’s Hartford Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments. This case is being prosecuted by Assistant U.S. Attorney Maria del Pilar Gonzalez, with the assistance of the Hartford State’s Attorney’s Office.
Grundy Man Sentenced for Illegally Selling FirearmsRead the Press Release
ABINGDON, Va.- Leon St. Clair, a Grundy, Virginia man who engaged in the business of selling firearms without a license, was sentenced yesterday in U.S. District Court in Abingdon to two years of probation, Acting United States Attorney Daniel P. Bubar and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Division announced.
St. Clair, 78, pleaded guilty in October 2020 to one count of engaging in the business of selling firearms without a license.
According to court documents, the ATF began investigating flea markets in southwest Virginia in order to identify individuals who were engaging in the business of selling firearms without a license. St. Clair was one of the individuals ATF identified.
St. Clair admitted to regularly buying, displaying, and selling numerous long guns and handguns at the Indian Mountain Trade Center and at a warehouse parking lot in Grundy, Virginia. St. Clair admitted that he profited from his gun sales, and that he did so without a Federal Firearms License.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Virginia State Police. Assistant United States Attorneys Zachary T. Lee and Whit D. Pierce are prosecuting the case for the United States.
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.
Grant County man facing drug chargeRead the Press Release
ELKINS, WEST VIRGINIA – Phillip Michael Sites, of Maysville, West Virginia, appeared in federal court today to face a drug charge, U.S. Attorney Bill Powell announced.
Sites, 53, was indicted by a federal grand jury sitting in Elkins in December 2020. He is facing one count of “Possession with Intent to Distribute Methamphetamine.” Sites is accused of having methamphetamine, also known as “crystal meth” or “ice,” in December 2019 in Grant County.
Sites is facing up to 20 years of incarceration and a fine of up to $$1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, a HIDTA-funded initiative, and the Grant County Sheriff’s Office investigated.
U.S. Magistrate Michael John Aloi presided.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Urbana University High School Teacher, Coach Sentenced to 10 Years in Prison for Child PornographyRead the Press Release
PEORIA, Ill. – U.S. District Judge James E. Shadid today sentenced a former physical education teacher at Urbana’s University High School to serve 10 years in prison for distribution and possession of child pornography. Douglas O. Mynatt, 57, of the 100 Block of Dropseed Ave., Savoy, Ill., also previously served as the coach of the school’s girls’ cross-country program. In addition to the prison sentence, Mynatt was ordered to serve 15 years of supervised release following his release from prison. Mynatt has remained in the custody of the U.S. Marshals Service since his arrest in April 2020.
On Oct. 9, 2020, Mynatt pleaded guilty to three counts of distribution of child pornography and one count of possession of child pornography. Mynatt was identified by the Champaign County Sheriff’s Office after an instant messaging application self-reported that one of its online social media users possessed content believed to be images and movies of child pornography. As a result of the cybertip to the National Center for Missing and Exploited Children (NCMEC), the computer addresses for logins by the user were identified as Mynatt, including from his home address in Savoy and at the University of Illinois in Champaign / Urbana.
Assistant U.S. Attorney Elly M. Peirson represented the government in the prosecution. U.S Immigration and Customs Enforcement Homeland Security Investigations, the Champaign County Sheriff’s Office, and the Urbana Police Department conducted the investigation.
The case was brought as part of Project Safe Childhood, a Department of Justice initiative led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), to marshal federal, state and local resources to 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.