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Thursday 7 January 2021
Assistant Attorney General Eric Dreiband Announces Departure from Civil Rights DivisionRead the Press Release
Assistant Attorney General Eric S. Dreiband of the U.S. Department of Justice’s Civil Rights Division announced his departure from the department, effective Jan. 8, 2021. Dreiband has served as Assistant Attorney General since Nov. 1, 2018.
“It has been the honor of a lifetime to serve as Assistant Attorney General for the Civil Rights Division,” said Assistant Attorney General Eric S. Dreiband. “The United States of America is and must remain committed to the principle that all persons are created equal and should be judged because of their character, conduct, talent, work, and skills. Our Constitution and civil rights laws embody the ideals that all persons have worth, and are entitled to equal justice, respect, decency, peace, and safety. It is the duty of government to secure these rights, and it is the duty of the Civil Rights Division to protect all people in this nation against any violation of these rights, including hate-motivated violence, exploitation, unlawful discrimination and bigotry, and any other infringement of our Constitutional and federal civil rights. The Civil Rights Division fulfills its duty by enforcing the federal civil rights laws and seeking justice for victims. The Civil Rights Division’s enforcement of our civil rights laws also punishes lawbreakers, vindicates the rights of victims, and sends a message to the nation and the world that the United States government and its people do not tolerate illegal bigotry, discrimination, and exploitation of anyone.”
Under Assistant Attorney General Dreiband’s leadership, the career professionals of the Civil Rights Division set enforcement records and ensured that no area of civil or constitutional rights went unprotected. The division vigorously prosecuted hate crimes, including for the mass-murders at the Tree of Life Synagogue in Pittsburgh, Pennsylvania; at an El Paso, Texas Walmart where 23 innocent people were killed, and; Charlottesville, Virginia where a white supremacist drove a car into a crowd of protesters. Under Assistant Attorney General Dreiband, the Civil Rights Division filed more sexual harassment in housing lawsuits than ever; protected and sought and obtained relief for victims of racial discrimination in employment, housing, voting, lending, and other areas; held law enforcement accountable; protected U.S. workers; protected free speech, religious exercise, and other rights under the Constitution during the COVID-19 pandemic, and; filed more cases in 2020 on behalf of servicemembers than in any prior year.
Assistant Attorney General Dreiband defended civil and constitutional rights newly under threat or previously overlooked, in addition to aggressively enforcing traditional areas of civil rights protections. That record of accomplishments by the Civil Rights Division includes:
Record Response to Instances of Law Enforcement Misconduct. The Civil Rights Division prosecutes those law enforcement officers who betray the public trust by violating constitutional or other federally-protected rights. In 2019, the division prosecuted more of these criminal cases than ever in its history. These cases typically involved instances of excessive force by police or corrections officers.
Highest Number of Hate Crimes Cases in Decades. Federal law prohibits hate crimes involving physical harm and criminal threats motivated by the victims’ protected traits, such as religion, sex, sexual orientation, gender identity, race, or disability. Under Dreiband’s leadership, federal prosecutors fully and fairly enforced these protections. In 2020, the number of hate crime cases charged by the division was the highest in two decades.
Racial Justice. As to racial discrimination, the division has brought and successfully resolved cases involving racial discrimination in employment by local governments, including law enforcement agencies under Title VII of the Civil Rights Act of 1964; racial discrimination in housing, including racial steering, under the Fair Housing Act; racially discriminatory lending under the Fair Housing Act and the Equal Credit Opportunity Act; race discrimination in voting under the Voting Rights Act; and to allow high school students to apply to college without illegal discrimination under the Constitution and the Civil Rights Act of 1964 based on the color of their skin.
Record Number of Sexual Harassment Cases. In 2020, the Civil Rights Division filed more sexual harassment lawsuits against landlords than in any prior year. The division also successfully prosecuted sexual harassment cases against state and local government employers, including on behalf of female firefighters, and against public schools and universities.
Protecting Religious Liberty. Under the Civil Rights Division’s Place to Worship Initiative, the division significantly increased the number of lawsuits and investigations protecting the right of religious worship of Buddhists, Christians, Hindus, Jews, Muslims, Native Americans, and others. Combatting anti-Semitism, including in the form of hate crimes, was also a priority. In the Supreme Court of the United States, the division contributed to victories for religious liberty including the rights of religious employers, such as Catholic schools, and the right to attend parochial schools free of religious discrimination in scholarship programs.
Prison Reform. The Civil Rights Division during Dreiband’s tenure investigated, litigated, and successfully resolved cases that involve reforms of state and local prisons and jails. These include cases involving alleged pattern or practice violations of the Constitution against a state prison system for men for guard-on-prisoner excessive force, prisoner-on-prisoner violence, and sexual abuse; state prisons for sexual abuse of female prisoners; state prisons and local jails for excessive force against prisoners; the failure of juvenile justice systems to keep youth reasonably safe from youth-on-youth violence, and; other violations of the Constitution and other federal rights.
Protecting U.S. Workers. The division’s Protecting U.S. Workers Initiative, which combats employers who abuse temporary foreign visa programs (e.g., H-1 or H-2 visas) by discriminating against U.S. Workers, secured back pay to affected U.S. workers and civil penalties and recently filed a case against a major social media company for its alleged abuse of the temporary visa program.
Increased Resources to Fight Human Trafficking. Under Dreiband’s leadership, the division significantly increased the number of prosecutors who are dedicated to prosecuting the modern-day slavery of human trafficking — both in the commercial sex industry and as to forced labor. The division and its U.S. Attorney partners brought over 700 human trafficking cases in recent years.
Disability Rights. During Dreiband’s tenure, the division successfully investigated, litigated, and settled hundreds of disability-rights cases. A few examples illustrate this important work. The division reached major settlements with West Virginia to reform its children’s mental health system; Amtrak to make its train stations accessible to individuals with disabilities; North Dakota to end unnecessary segregation of individuals with physical disabilities, and; Harris County, Texas to provide accessible voting to voters with disabilities. The division also successfully tried to verdict a lawsuit against the State of Mississippi that alleged that Mississippi violates the Americans with Disabilities Act by unnecessarily segregating people with mental illness in its state hospitals and placing people with mental illness at serious risk of hospitalization as a result of insufficient community-based services. The Civil Rights Division also defended in court protections against coercive abortions for women and their unborn children who are diagnosed with Down’s syndrome.
COVID-19 Restrictions. Because there is no pandemic exception to the Constitution and our civil rights laws, the Civil Rights Division successfully fought unlawful pandemic-related restrictions that infringe on individual liberties, including First Amendment rights to free speech and free exercise of religion, in numerous jurisdictions across the nation.
Acting United States Attorney Bubar, FBI Special Agent in Charge Archey Condemn Yesterday’s Violence in Washington D.C.Read the Press Release
ROANOKE, Virginia - Acting United States Attorney Daniel P. Bubar and FBI Special Agent in Charge David W. Archey jointly announced today their condemnation of violence during yesterday’s events in Washington D.C. and request information regarding individuals involved in potential criminal acts of violence.
“We strongly condemn the violence carried out by rioters yesterday at the U.S. Capitol, which was a reprehensible attack on our democracy,” Acting U.S. Attorney Bubar said. “Here in the Western District of Virginia, we are quite familiar with the use of the federal Anti-Riot Act, and are working with our law enforcement partners to identify and prosecute any individuals that traveled from the Western District of Virginia to Washington, D.C. to commit violent criminal acts in furtherance of these riots. We will continue to carry out our mission to support and defend the Constitution and the rule of law, undeterred.”
If you have any information, tips, or digital media identifying persons or depicting rioting and violence at the U.S. Capitol Building or its surrounding area yesterday, please visit fbi.gov/USCapitol or call 1-800-CALL-FBI. If you have any information identifying persons who traveled from within the Western District to Virginia and engaged in such violence, please reach out to FBI’s Richmond Division at 804-261-1161.
Accountant Who Aided Worldwide Scam Charged with Small Business Administration Loan FraudRead the Press Release
Miami, Fl. -- A former accountant who assisted in a scam involving valuable artwork and a Swiss bank account has been charged in connection with a scheme to fraudulently obtain a Small Business Administration (“SBA”) loan.
Daniel Gibson, 57, of Marlboro, New Jersey, was charged today by Information with one count of conspiracy to commit bank fraud, announced United States Attorney for the Southern District of Florida Ariana Fajardo Orshan, Special Agent in Charge for the FBI Miami Field Office George L. Piro, Acting Special Agent in Charge for the IRS Criminal Investigation Miami Field Office Tyler R. Hatcher, and Special Agent in Charge for the FDIC, Office of Inspector General Kyle A. Myles.
According to court documents, 1 Global Capital LLC was a commercial lending business based in Hallandale Beach, Florida, that made the equivalent of “pay day” loans to small businesses at high interest rates beginning in or around 2013. Gibson was a certified public accountant licensed in the State of New York who served as the accountant for 1 Global, 1 Global’s former chairman, and a number of businesses owend and operated by 1 Global’s former chairman.
The Information alleges that in 2011, 1 Global’s former chairman took out an approximately $3 million loan backed by the SBA, purportedly to be used as working capital for a nutraceutical business that he owned at the time. 1 Global’s former chairman and his wife were required to personally guarantee the SBA loan in full.
From about 2013 to 2018, Gibson and 1 Global’s former chairmain misrepresented to the SBA that the nutraceutical company failed as a business and that 1 Global’s former chairman had no other assets or income to make his payments on the SBA loan. According to the Information, Gibson and 1 Global’s former chairman concealed from the SBA certain assets and income that could have been used to repay the loan, including: (a) money that 1 Global’s former chairman received from 1 Global beginning in 2013, which totaled hundreds of thousands of dollars during the period in question; (b) valuable artwork that belonged to 1 Global’s former chairman; and (c) an offshore Swiss bank account in the name of and controlled by 1 Global’s former chairman, containing at one point over $1 million. Acccording to the Information, the SBA is currently owed $1,783,019.14 on this loan.
FBI Miami, IRS-CI Miami, and FDIC-OIG investigated the case. Special Assistant U.S. Attorney for the Southern District of Florida Elizabeth Young is prosecuting it, together with DOJ Criminal Division Fraud Section Trial Attorneys Jerrob Duffy, Lisa H. Miller, and L. Rush Atkinson. Assistant U.S. Attorney for the Southern District of Florida Nicole Grosnoff is handling asset forfeiture.
You may find a copy of this press release and more information about the United States Attorney’s Office for the Southern District of Florida at its website: www.usdoj.gov/usao/fls.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 21-cr-20009.
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20th MS-13 member pleads guilty in violent racketeering conspiracyRead the Press Release
COLUMBUS, Ohio – A local man pleaded guilty in federal court in Columbus this morning to participating in a racketeering conspiracy on behalf of the transnational criminal organization MS-13.
In his plea, Juan Flores-Castro (also known as Juan Pablo Guerra-Flores and “Duende”), 32, of Columbus, accepts responsibility for committing murder and trafficking cocaine and marijuana on behalf of MS-13.
Parties involved in Flores-Castro’s case have recommended a sentence of 35 to 40 years in prison.
The defendant is one of 23 members and associates of MS-13 in Columbus charged in a February 2018 second superseding indictment. He is the twentieth defendant to plead guilty.
The defendants are charged in a racketeering conspiracy, which includes five murders as well as attempted murder, extortion, money laundering, drug trafficking, assault, obstruction of justice, witness intimidation, weapons offenses and immigration-related violations.
Among other crimes, Flores-Castro is charged for his role in the December 2016 murder of Salvador Martinez-Diaz, a suspected rival 18th Street gang member. According to court documents, this homicide was carefully planned. Just after 3am on Dec. 4, 2016, MS-13 members waited outside the apartment of Martinez-Diaz and opened fire on him with pistols, shooting him multiple times and killing him. The members of the transnational gang then disposed of evidence of their crime. Flores-Castro admitted that he and other co-conspirators conducted surveillance of the victim, followed him home, and were in contact with the shooters in the moments leading up to the murder.
Flores-Castro pleaded guilty to one count of conspiracy to commit racketeering.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Rebecca Adducci, Detroit Field Office Director, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations; Franklin County Sheriff Dallas Baldwin; and Columbus Police Chief Thomas Quinlan announced the guilty plea entered before U.S. District Judge Edmund A. Sargus, Jr.
Deputy Criminal Chief Brian J. Martinez and Assistant United States Attorney Noah R. Litton are representing the United States in this case.
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Wednesday 6 January 2021
Westbrook Man Sentenced for Child Sexual Exploitation OffenseRead the Press Release
PORTLAND, Maine: A Westbrook man was sentenced today in federal court for distributing images of child sexual exploitation, U.S. Attorney Halsey B. Frank announced.
U.S. District Judge John A. Woodcock, Jr. sentenced Tyler Garnett, 23, to 78 months in prison and 10 years of supervised release. Judge Woodcock also ordered Garnett to pay a total of $12,000 in restitution to four victims depicted in images Garnett possessed. Garnett pleaded guilty on February 25, 2020.
According to court records, in July 2018, Garnett used the social media application Kik Messenger to chat over the internet with another Kik user. During the chat, Garnett sent several images that depicted minors engaged in sexually explicit conduct.
Later in 2018, the Westbrook Police Department investigated a CyberTip provided by the National Center for Missing and Exploited Children regarding child pornography that had been uploaded to another social networking service. The IP address used to upload the child pornography was assigned to Garnett’s residence in Westbrook. Detectives interviewed Garnett in December 2018. He admitted uploading the images that were the subject of the CyberTip and using Kik Messenger to find child pornography. He consented to a search of his mobile telephone, which contained numerous images and videos depicting minors engaged in sexually explicit conduct. The phone also contained evidence of Kik chats in which Garnett distributed child pornography images.
The Westbrook Police Department, the Maine State Police Computer Crimes Unit and the FBI investigated this case. The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Vivint Smart Homes Inc. to Pay $3.2 Million to Resolve Allegations of False Statements to Federally Insured BankRead the Press Release
Vivint Smart Home Inc. (Vivint), based in Provo, Utah, has agreed to pay the United States $3.2 million to resolve allegations under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) that Vivint employees made false statements to secure financing for customers’ purchases of Vivint’s home monitoring products, the Justice Department announced today. FIRREA imposes civil penalties on any person or entity that violates certain predicate federal statutes.
Vivint is a provider of smart home monitoring services and frequently obtains new customers through door-to-door sales by Vivint sales representatives. The United States contended that, from 2017 to 2020, certain Vivint sales representatives used their personal funds to cover the cost of initial financing payments on behalf of Vivint customers who sought financing to purchase Vivint’s products, while making false and misleading statements to the federally insured financial institution providing the financing that made it appear as if the borrowers had funded the initial payments.
“Making false statements about the creditworthiness of borrowers undermines the integrity of our banking system and puts at risk the taxpayer dollars that help to support it,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “We will pursue those who fail to provide truthful information needed by federally insured financial institutions to make appropriate lending decisions.”
“American business should be based on truthful disclosures, and false and misleading statements should never be part of dealings with federally insured financial institutions,” said U.S. Attorney John W. Huber for the District of Utah. “This resolution should send a strong message to corporations that using fraudulent tactics to secure consumer sales will not be tolerated.”
The allegations resolved by the settlement were initially provided to the United States in a declaration submitted under the Financial Institutions Anti-Fraud Enforcement Act, which provides for rewards to eligible declarants who provide information about potential FIRREA violations. The declarant’s share of the recovery in this matter has not yet been determined.
This matter was investigated by the U.S. Attorney’s Office for the District of Utah and the Civil Division’s Commercial Litigation Branch (Fraud Section). Investigative assistance was provided by the FBI.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
U.S. Attorney's Office for the Eastern District of Tennessee Collects $7,442,571.29 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2020Read the Press Release
KNOXVILLE, Tenn.– United States Attorney J. Douglas Overbey announced that the Eastern District of Tennessee collected $7,442,571.29 in criminal and civil actions in Fiscal Year (FY) 2020. Of this amount, $2,581,550.52 was collected in criminal actions and $4,861,020.77 was collected in civil actions. U.S. Attorney J. Douglas Overbey praised the hard work of the Assistant U.S. Attorneys and the Monetary Recovery Unit stating, “The men and women of the U.S. Attorney’s Office continue to work diligently to ensure East Tennesseans receive justice. The money recovered for victims of crime and taxpayers is the direct result of the hard work and commitment our Assistant U.S. Attorneys dedicate to the wellbeing of this community.”
Highlights of the Eastern District of Tennessee’s FY 2020 collections effort include:
- A $1,500,000 civil settlement with Retina Associates to resolve False Claims Act Allegations in February 2020.
- Sylvia Hofstetter was found guilty and sentenced for her role in operating pill mills in East Tennessee. She was also ordered to forfeit $3.6 million in ill-gotten gains.
- $555,000 in criminal restitution was collected from five defendants involved in a pain cream scheme fraud case. All five defendants were convicted for their roles in defrauding both private and government insurance programs.
- In November, 2020, as part of her sentence, Cheryl Broussard was required to forfeit $106,000, which represented the proceeds of her defrauding a National Women’s Sorority as part of an investment management scheme. In addition, Broussard was ordered to pay $106,000 in restitution to her victims.
- $132,343.50 in criminal restitution was collected from a former Controller, Shain Chappel, who was sentenced for an embezzlement scheme in July 2020.
Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes. The U.S. Attorneys’ Offices, along with the Justice Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the United States and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Justice Department’s Crime Victims Fund, which distributes the funds to federal and state victim compensation and victim assistance programs.
Nationwide, the United States Justice Department collected more than $15.9 billion in civil and criminal actions in FY 2020, ending September 30, 2020. The $15,988,516,670 in collections in FY 2020 represents more than five times the approximately $3.2 billion appropriated budget for the 94 U.S. Attorney’s Offices and the main litigating divisions of the Justice Department combined in that same period. The total includes all monies collected as a result of Justice Department-led enforcement actions and negotiated civil settlements. It includes more than $13.5 billion in payments made directly to the Justice Department, and more than $2.4 billion in indirect payments made to other federal agencies, states, and other designated recipients.
The largest civil collections in FY 2020 were from affirmative civil enforcement cases in which the United States recovered government money lost to fraud, other misconduct, or collected fines imposed upon individuals and/or corporations for violations of federal health, safety, civil rights, or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, the Department of Health and Human Services, the Internal Revenue Service, the Small Business Administration, and the Department of Education.
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Tyngsborough Police Officer and Chinese National Charged with Violations of National Firearms ActRead the Press Release
BOSTON – A Tyngsborough police officer and a Chinese national were arrested today and charged with firearms violations.
Daniel Whitman, 36, of Pelham, N.H., and Bin Lu, 49, a Chinese national residing in Westford, were charged by criminal complaint with conspiracy to violate provisions of the National Firearms Act (NFA) by making, possessing and failing to register short-barreled rifles, as well as possessing a suppressor without proper registration. The defendants will make initial appearances today in federal court in Boston.
According to the charging documents, Whitman is currently a full-time police officer with the Tyngsborough Police Department and the owner and principal manager of Hitman Firearms, LLC, a retail gun shop in Tyngsborough. Whitman maintains a Type 01 Federal Firearms License (FFL) which allows for buying, selling, transferring and gunsmithing (i.e. servicing, of firearms), but does not permit manufacturing of any type of firearms. Lu is listed on the FFL as a manager of Hitman Firearms and is also an investor in the store.
It is alleged that Lu and Whitman sought to build a large indoor shooting range, Freedom Alley Shooting Sports (FASS), which would serve regional and international customers, and offer shooting clinics and other services using funding from Chinese investors. On several occasions, Lu and Whitman did run firearms training camps, consisting of shooting and tactics trainings, for Chinese tourists. Providing such trainings to foreign nationals requires a license from the U.S. Department of State, which Whitman and Lu never applied for nor received.
Whitman and others allegedly recorded videos on a YouTube channel operated by Lu that promotes Hitman Firearms, FASS and the training camps.
The purpose of the NFA is to regulate transactions of certain firearms, which are deemed to be more dangerous, by regulating the manufacture, possession and registration of certain firearms including short-barreled rifles (SBRs), suppressors, short-barreled shotguns and machineguns. The NFA requires registration of all NFA firearms in the National Firearms Registration and Transfer Record (NFRTR). The NFA further prohibits an FFL who is not properly registered from manufacturing or changing a firearm that originally was not an NFA weapon to create an NFA weapon.
According to the criminal complaint, Hitman Firearms does not possess the required license to manufacture, or NFA status to possess, firearms regulated by the NFA. Nevertheless, Whitman and Lu allegedly possessed and manufactured items that are covered by the NFA, including a short-barreled rifle and suppressor.
Specifically, during a search of Hitman Firearms, a complete CMMG MK9 rifle was found in the store. The shop’s acquisition and disposition record (a/k/a A&D book) indicated that the rifle was acquired from another store in March 2016 as a lower receiver only. The investigation determined that the seized firearm is an SBR since it has an 8.625 riffle barrel and a collapsible stock. It is alleged that neither Whiteman nor Lu registered the firearm as an SBR in the NFRTR.
During the search, Lu arrived at the shop and gave federal agents permission to search the vehicle he was driving. The vehicle contained several firearms including a Sig Sauer MCX with a folding stock attached. The shop’s A&D book indicated that the firearm was acquired from another store as a pistol. However, at the time it was recovered from Lu’s vehicle, the firearm had a stock attached to the rear, which made the weapon into a rifle. The firearm was never registered as an SBR in the NFRTR. According to the charging document, at the time of the search, Lu stated that “Dan” put the stock on the end, thus making the pistol into a rifle.
The charge of conspiracy provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 fine. 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; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Jonathan Davidson, Special Agent in Charge of Diplomatic Security Service in Boston; and Joseph Cronin, Inspector in Charge of the U.S. Postal Inspection Service in Boston made the announcement today. Assistance was provided by the Massachusetts State Police. Assistant U.S. Attorney Eugenia M. Carris and Neil Gallagher of Lelling’s Public Corruption & Special Prosecutions Unit are prosecuting the case.
The details contained in the complaint are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two North Carolina Men Charged in Gunpoint Robbery of Puppies from Lancaster County BreederRead the Press Release
PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced that Christopher Lamont Stimpson, Jr., 22, and Wilbert Curtis Trey Artis, III, 29, both of Greensboro, North Carolina, were arrested and charged by Indictment with robbery which interferes with interstate commerce, interstate transportation of stolen goods, and aiding and abetting, as a result of their alleged October 29, 2020 gunpoint robbery of a Lancaster County puppy breeder and theft of five French Bulldog puppies [see attached photo] valued at more than $23,000.
Stimpson and Artis are charged with posing as customers seeking to purchase five French Bulldog puppies allegedly in order to steal the puppies at gunpoint. One of the victims recorded the registration of the defendants’ getaway vehicle, which was traced back to a rental company in Greensboro, North Carolina. According to court documents, a customer of the breeder who had also been interested in purchasing one of the puppies later discovered an Instagram posting which featured a video and a photograph of the puppies, as well as photographs of Stimpson and Artis.
On December 8, 2020, both defendants were arrested by the Greensboro (North Carolina) Police Department on the bench warrants which had been issued in the Eastern District of Pennsylvania. On January 4, 2021, during a virtual initial appearance in the Eastern District of Pennsylvania before the United States Magistrate Judge Henry S. Perkin, Stimpson was ordered to home confinement pending trial. Artis made a virtual initial appearance before Judge Perkin today and was ordered to home detention pending trial.
“Robbery at gunpoint is always a severe crime, and in this case the defendants are charged with stealing living creatures at gunpoint – puppies - and transporting them across state lines,” said First Assistant U.S. Attorney Williams. “These are serious federal offenses which will be strenuously prosecuted by this office. We are thankful to our partners here in Pennsylvania and in North Carolina for their swift investigation and apprehension of these defendants.”
“This wasn't just some dognapping caper, it was a violent armed robbery that saw the victim menaced at gunpoint,” said Michael J. Driscoll, Special Agent in Charge of the FBI's Philadelphia Division. “We're glad the FBI and our partners could help safely recover the pups, and determined to see the perpetrators held accountable.”
“The quick apprehension of these individuals is a prime example of how well interagency cooperation between municipal and federal law enforcement agencies work,” said Ephrata Police Department Chief John E. Petrick. “The Project Safe Neighborhoods program allows for a law enforcement agency to coordinate an investigation with other law enforcement partners hundreds of miles away without delay.”
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.
If convicted, each defendant faces a maximum possible sentence of 30 years’ in prison and a $500,000 fine.
The case was investigated by the Federal Bureau of Investigation, the Ephrata Police Department, and the Greensboro (NC) Police Department, and is being prosecuted by Assistant United States Attorney Mark S. Miller.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Three Inmates Sentenced for their Role in Two Separate Incidents at FCC PollockRead the Press Release
ALEXANDRIA, La. - Acting United States Attorney Alexander C. Van Hook announced that three inmates who were housed at the Federal Correctional Complex in Pollock, Louisiana, have been sentenced by United States District Judge Dee D. Drell for their involvement in illegal incidents that took place at the complex.
Federal Prison Inmates Sentenced for Assaulting another Inmate
Eulogio Banda-Chavez, 29, and Gerardo Ramirez, 33, were each sentenced on one count of assault resulting in serious bodily injury. Banda-Chavez was sentenced to 60 months (5 years) in prison followed by 1 year of supervised release. Ramirez was sentenced to 45 months (3 years, 9 months) in prison followed by 1 year of supervised release.
On June 28, 2019, Banda-Chavez and Ramirez, beat another inmate about his head and body with their fists and feet causing serious bodily injuries. The incident was recorded on a prison surveillance camera focused on the recreation yard. Both inmates admitted to committing the offense and pled guilty on September 24, 2020.
At the time of the offense, Banda-Chavez, a Mexican national, was serving an 18-month sentence for illegal reentry of a removed alien after felony, while Ramirez was serving a 168-month sentence for possession with intent to distribute 500 grams or more of methamphetamine.
Pollock Inmate Sentenced for Possessing Contraband
William Joseph Vincent, 30, was sentenced to 27 months (2 years, 3 months) in prison followed by 1 year of supervised release for possessing contraband in prison. On October 15, 2019, a correction officer performing a routine pat search of Vincent found an illegal prison shank hidden in his front pants pocket. Vincent pled guilty to the charge on September 30, 2020.
At the time of the offense, Vincent was serving a 92-month sentence for conspiracy to possess with intent to distribute heroin.
The FBI and BOP conducted these investigations and Assistant U.S. Attorney Mike Shannon prosecuted the cases.
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Texas Man Sentenced to 2½ Years in Prison for Scheming to Create Fake Airline Employee IDs to Fraudulently Obtain Free FlightsRead the Press Release
LOS ANGELES – A former Mesa Airlines employee was sentenced today to 30 months in federal prison for conspiring to fraudulently obtain nearly 2,000 free flights for himself and others on Spirit Airlines and to manufacture counterfeit Mesa employee identification badges.
Hubbard Bell, 32, of Houston, Texas, was sentenced by United States District Judge Michael W. Fitzgerald, who also ordered him to pay $150,000 in restitution to the victim, Spirit Airlines. Bell, this case’s lead defendant, pleaded guilty in September 2020 to one count of conspiracy to commit wire fraud.
From June 2015 to October 2015, Bell worked at the Phoenix-based Mesa Airlines, a regional air carrier. While employed at Mesa, Bell was provided access to free Spirit Airlines tickets as a benefit he was permitted to use only while employed at Mesa. To book a free ticket on Spirit, a Mesa employee entered their personal identifying information and a unique verification code.
After Mesa Airlines terminated Bell’s employment, from February 2016 to November 2017, he conspired with others to sell the stolen and unauthorized information of Mesa employees – including their names, dates of hire, and employee identification numbers – that were needed to book free flights on Spirit Airlines through Spirit’s web portal for themselves and others.
Bell unlawfully used his Mesa employee information to book 34 free flights for himself on Spirit Airline, which allowed him to fly interstate, including into and out of Los Angeles International Airport, despite the fact Mesa Airlines no longer employed him. Bell also admitted he and his co-conspirators manufactured and sold fraudulent Mesa employee identification cards for use by the fraudulent travelers.
In total, the investigation into Bell and his co-conspirators has identified 1,953 flights that were connected to this scheme, flights that were booked for someone that did not match the Mesa Airlines employee whose information was used to book the free flight. The court found the loss to Spirit Airlines was approximately $150,000.
The case’s other defendants – Kamille Jemison, 28, a former Houston resident who subsequently relocated to the Beverly Grove district of Los Angeles; Alphonso Lloyd, 27, of Houston; Femi Felix-Ukwu, 40, of Hartford, Connecticut; Arnold Nichols, 32, of Houston; and Monique Ferguson, 32, of Houston – have pleaded not guilty to criminal charges in a superseding indictment returned in March 2019. They are scheduled to go on trial on April 13.
The case was investigated by the FBI, who received substantial assistance from the Federal Air Marshal Service and the Transportation Security Administration.
This case is being prosecuted by Assistant United States Attorneys Poonam G. Kumar of the Major Frauds Section and Joseph D. Axelrad of the Violent and Organized Crime Section.
Statement on the violence at the nation’s Capitol BuildingRead the Press Release
“The violence at the United States Capitol was reprehensible. It adds nothing of value to important public discourse. While peaceful protests are protected by our nation’s constitution, violence is not. I support the right to peacefully assemble. I also was sworn to uphold the rule of law. Those who violated the law in the nation’s capital today should and will face the justice system,” said Bill Powell, U.S. Attorney, Northern District of West Virginia.
Statement by U.S. Attorney John H. Durham on Officer-Involved Shooting in HartfordRead the Press Release
New Haven – “This morning, an individual was shot and killed on Enfield Street in Hartford during an exchange of gunfire with members of an FBI-led joint task force who were on the scene to arrest another individual on a federal criminal complaint. The Connecticut State Police and the Federal Bureau of Investigation’s Inspection Division are jointly investigating this matter in coordination with the New Haven State’s Attorney’s Office and the U.S. Attorney’s Office.”
Suspect in String of Robberies Sentenced in Federal CourtRead the Press Release
TAYLOR ROSS WARDELL, 29, of Cheyenne, was sentenced today by Federal District Court Judge Alan B. Johnson to eighty-four months in federal prison for a series of robberies committed in Cheyenne and Laramie in 2019.
Wardell was indicted in March 2020 and pleaded guilty to four counts of interfering with commerce by robbery in U.S. District Court on October 28, 2020. The first robbery occurred on on August 14, 2019 at Silver Mine Subs sandwich shop in Cheyenne. Within a few hours of committing that robbery Wardell robbed the Loaf N Jug on Lincolnway in Cheyenne. Eleven days later he would rob another store, this time in Laramie. Wardell’s robbery spree culminated on September 9, 2019 with the robbery of Vino’s Wine and Spirits in Cheyenne.
Wardell admitted he is, in fact, guilty of interfering with commerce by robbery as alleged by the United States. As part of his sentence, Wardell was ordered to pay restitution the victims of the robberies. He also received a three-year term of supervised release upon his release from prison.
These crimes were investigated by the Cheyenne Police Department, Laramie Police Department, and the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives. The government was represented by Assistant United States Attorney Timothy J. Forwood.
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. Former Attorney General Jeff Sessions 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.
Rochester Woman Pleads Guilty to Defrauding Credit UnionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Trisha Cassidy, 55, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to bank fraud. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on February 20, 2018, the defendant opened a checking account at a branch of Summit Federal Credit Union located within the Western District of New York. Between February 20 and March 30, 2018, Cassidy executed a scheme attempting fraudulently to obtain money from the credit union. The defendant presented checks for deposit into her account that she knew had been altered without the payer's knowledge or permission. Alterations to checks included changes to the payee’s name and the dollar amount of checks. During the course of the scheme, Cassidy attempted to obtain a total of $154,756.05 in funds, with the credit union suffering a loss of $45,367.50.
The plea is the result of an investigation by the U.S. Department of Treasury, Office of Inspector General, under the direction of Assistant Inspector General for Investigations Sally Luttrell.
Sentencing is scheduled for April 13, 2021, before Judge Larimer.
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Pittsburgh Felon Charged with Possession of a Destructive Device after Throwing a Homemade Explosive from a Moving Vehicle in Pittsburgh’s Lawrenceville NeighborhoodRead the Press Release
PITTSBURGH – A Pittsburgh man has been charged federally with illegal possession of an unregistered destructive device and being a felon in possession of a destructive device after throwing an incendiary device from a moving vehicle on January 3, 2021 in Pittsburgh’s Lawrenceville neighborhood, United States Attorney Scott Brady announced today.
Charles Baker, 33, of Pittsburgh, Pennsylvania, is charged by criminal complaint with knowingly and unlawfully possessing a firearm, that is, a destructive device, which was not registered to him in the National Firearms Registration and Transfer Record. In addition, Baker, who has previous felony convictions, is charged with being a felon in possession of a firearm, in this case a destructive device. Baker surrendered to law enforcement on Tuesday evening. He will make his initial appearance in U.S. District Court in Pittsburgh today at 2:30 p.m. via video teleconference.
"Our city is safer today thanks to the rapid response by the Pittsburgh Police and ATF, who worked tirelessly to identify and apprehend Charles Baker," said U.S. Attorney Brady. "Acts of wanton violence will be met with the swift hand of justice."
"It goes without saying that possessing and detonating illegal explosive devices is a crime that ATF and our law enforcement partners take very seriously," said Matthew Varisco, Special Agent in charge of ATF’s Philadelphia Field Division. "ATF along with the Pittsburgh Bureau of Police and all our other local, state and federal partners will continue to investigate violent crimes which threaten the safety of our communities."
"Once again the trusted partnership and vigorous level of cooperation between the Pittsburgh Bureau of Police, the ATF, and all of our federal and local law enforcement partners has resulted in the swift flow of information and the administration of justice," said Pittsburgh Police Chief Scott Schubert. "We are also grateful for the assistance from residents of the City of Pittsburgh who are also committed to keeping our city safe."
According to the complaint, the explosion occurred in the 3600 block of Penn Avenue in Pittsburgh’s Lawrenceville neighborhood. It caused damage to an unoccupied, parked white 2020 Subaru Forester. That damage included partial dislodging of the rear passenger side quarter panel, breaking off and dispersing plastic material from the rear portion of the vehicle, and causing several nails from the device to penetrate the surface of the passenger side rear tire. As explained in the complaint, when items such as nails or other small metal pieces that would serve as projectiles are added to bombs, those items can cause harm and are evidence that those devices were designed as weapons.
The post-blast scene was initially processed on January 3, 2021, by Pittsburgh Bureau of Police (PBP) and several items of evidentiary value were recovered that were believed to be used in constructing the device. These items include fragments of a Twisted Tea can, green cloth possibly from a Crown Royal bag, dozens of nails/screws, car parts, and a white powdery substance. These items were submitted to the Allegheny County Forensic Lab for testing.
PBP also obtained video from a neighboring residence which showed an older model Chevy Silverado truck driving westbound on Penn Avenue. As the Silverado passed by the Forester, a device was thrown from the passenger window of the Silverado and landed in the rear passenger area of the Forester. When the device was thrown from the Silverado, it was burning in a manner consistent with an improvised initiation system or wick. The device continued to burn and generate smoke for approximately 20 seconds from the time it was thrown from the Silverado until the time it exploded.
The Silverado was captured on various cameras operated by the City of Pittsburgh as well as cameras positioned on homes in the area. This distinctive looking truck was captured on a license plate reader and the vehicle’s registered owners were identified.
A separate video was obtained from a residence on Ligonier Street that shows the distinctive looking Silverado traveling southwest on Ligonier Street and making a right-hand turn into a parking lot adjacent to the Trinity Mission Baptist Church at approximately 8:56 p.m., within one minute of the explosion. Two individuals were captured on camera coming from the vicinity of the parked Silverado. The individuals both appear to be white males. One is noticeably taller than the other. The two individuals exited the parking lot where the Silverado was parked and walked towards the vicinity of Ligonier Street. As the two individuals were walking across Ligonier Street, the camera captured one individual say something to the effect of "so it didn’t even go off," as the other laughs. At approximately 9:21 p.m., the shorter individual with the hooded sweatshirt and reflective sneakers was seen running from the vicinity of Ligonier Street towards the parked Silverado. At approximately 9:32 p.m., the Silverado exited the church parking lot.
On Monday, January 4, 2021, ATF Special Agents received information that the taller of the two suspects seen on the video is Charles Baker, who lives on the third floor of a residence on Ligonier Street and has a history of making homemade explosive devices.
ATF conducted a query of Baker’s criminal history and learned that he was convicted of several offenses that would prohibit him from possessing firearms and ammunition to include the following felonies: Burglary (convicted August 8, 2011), Conspiracy to Commit Burglary (convicted August 8, 2011), Criminal Trespass-Break Into Structure (convicted February 15, 2018), and Manufacture, Delivery, or Possession with Intent to Manufacture or Deliver a
Controlled Substance (convicted February 15, 2018). For the last conviction, Baker received a sentence of nine – 18 months’ imprisonment.
On January 4, 2021, at approximately 8:50 p.m., ATF Special Agents conducted surveillance at a home and observed the Silverado parked at a private residence. ATF Special Agents observed cosmetic changes to the appearance of the vehicle, however, the license plate was still attached to the vehicle.
ATF obtained Pennsylvania driver’s licenses for the two registered owners of the suspect Chevy Silverado and through a driver’s license photo identified one of the owners as the shorter of the two individuals seen crossing Ligonier Street and the driver of the Chevy Silverado during this incident.
On January 5, 2021, a federal search warrant was obtained to search Baker’s residence, located on Ligonier Street, Pittsburgh, PA, 15201; (2) the residence of one of the owners of the Silverado; and (3) the Silverado truck used in the bombing.
The search warrants were executed on January 5, 2021, at approximately 2:30 p.m. Baker was not home at the time of the search warrant execution. The owner of the Silverado was home at the time of the search warrant execution. He agreed to speak to law enforcement and informed law enforcement that Baker asked him for a ride on January 3, 2021, and that once in the vehicle while they were driving on Penn Avenue, Baker pulled out some type of device, lit the device with a lighter and threw it out the window.
It is unlawful for an individual to manufacture, possess, or transfer a Destructive Device without first being registered in ATF’s National Firearms Transfer Record (NFA) registry and without serial numbers being issued for said NFA Weapons (i.e.; Destructive Devices). Federal law prohibits an individual who has been convicted of a felony from possessing a firearm or ammunition.
The counts charged in the criminal complaint carry a maximum potential penalty of 10 years in prison, and a maximum fine of $250,000.
U.S. Attorney Brady credited the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pittsburgh Bureau of Police, for conducting the investigation leading to the charges in this case.
Assistant United States Attorney Nicole Vasquez Schmitt is prosecuting this case for the government.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Philadelphia Police Officer Sentenced to 14+ Years in Prison for Distributing Child Pornography While on DutyRead the Press Release
PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced that James Strohm, 49, of Philadelphia, PA, a 20-year veteran of the Philadelphia Police Department, was sentenced to 172 months in prison, 20 years of supervised release, and ordered to pay $79,000 in restitution and more than $27,000 in special assessments by United States District Court Judge Gerald A. McHugh for possession and distribution of child pornography.
In July 2019, the defendant pleaded guilty to one count of possession of child pornography and one count of distribution of child pornography. The charges against Strohm stemmed from a tip submitted to the National Center for Missing and Exploited Children from a gaming and social networking application about a user account, “fungirl12321,” containing thousands of images depicting child pornography. A phone number and IP address connected to the account were associated with the defendant. Investigators then determined that Strohm was viewing, downloading and distributing child pornography, including during hours when he was officially working as a Philadelphia Police Officer.
“The defendant abused his position of power and trust by distributing images involving the sexual exploitation of children, some as young as infants,” said First Assistant U.S. Attorney Williams. “James Strohm not only committed these crimes from his home, but also, abhorrently, while on duty as a police officer. He will now spend years behind bars where he will be unable to exploit the suffering of children any longer.”
“James Strohm was viewing child sexual abuse material while employed as a police officer, at times even from police workspace,” said Michael J. Driscoll, Special Agent in Charge of the FBI's Philadelphia Division. “He violated his sworn oath and broke the law in a particularly disturbing way. Today's sentencing sends a message that, no matter who you are, if you're perpetuating the exploitation of children by seeking and trading this horrific content, the FBI will step in, put a stop to it, and see you brought to justice.”
This case is part of Project Safe Childhood (PSC), a program bringing together all levels of law enforcement and the communities they serve to reduce the sexual exploitation and abuse of children.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Meaghan A. Flannery.
Pennsylvania Man Sentenced for Conspiracy to Commit Arson and Defraud Insurance Company of More than $100,000Read the Press Release
PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced today that Jason Gusoff, 45 years old, of Richboro, PA was sentenced today by United States District Court Judge C. Darnell Jones, II, to 60 months in prison followed by three years of supervised release, and ordered to pay $105,486 in restitution for conspiring to destroy his business by arson in order to collect insurance proceeds.
In 2008, Gusoff enlisted a co-conspirator to set fire to Gusoff’s business, California Tanning Salon, located on Roosevelt Boulevard in Philadelphia. Once the damage was caused, Gusoff submitted requests for payment to the business’ insurance company while making materially false representations that he was not responsible for the loss caused by the fire. These false representations resulted in Gusoff receiving $105,486 from the insurance company.
The defendant was indicted for the crime in February 2011 but then fled the United States prior to trial. In February 2019, thanks to the coordinated efforts of the Cambodian Police, the United States Marshal Service (USMS), the Diplomatic Security Service (DSS), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the defendant was captured in Cambodia and promptly returned to the Eastern District of Pennsylvania to answer to his crimes.
“If you are charged with a federal crime in the Eastern District of Pennsylvania, you will not be able to evade justice by fleeing to another country,” said First Assistant U.S. Attorney Williams. “We will find you and hold you accountable for your actions. In this case, the defendant was captured, convicted, and will spend five years behind bars.”
“Arson is a violent crime which ATF takes very seriously,” said Matthew Varisco, Special Agent in charge of ATF’s Philadelphia Field Division. “The capture and subsequent sentencing of Gusoff exemplifies the dedication of ATF and the United States Attorney’s office to fully prosecute those individuals who commit acts of arson.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and is being prosecuted by Assistant United States Attorney Jeanine Linehan.
Otsego County Woman Pleads Guilty to Stealing from School DistrictRead the Press Release
ALBANY, NEW YORK – Kristina Hand, age 47, of Morris, New York, pled guilty today to stealing at least $34,000 from her former employer, the Morris Central School District.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; New York State Comptroller Thomas P. DiNapoli; Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and New York State Police Superintendent Keith M. Corlett.
Hand pled guilty to two counts of federal program theft, for stealing from a school district that received federal funds.
From 2014 through February 2020, Hand was the Treasurer for the Morris Central School District in Otsego County. In pleading guilty, she admitted that she stole about $24,000 by depositing checks payable to the school district into bank accounts that she controlled. She also admitted to stealing at least $10,000 more by using the school district’s Amazon account and credit cards to purchase items for her personal use.
Senior United States District Judge Thomas J. McAvoy is scheduled to sentence Hand on May 11, 2021. She faces up to 10 years in prison, a maximum $250,000 fine, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Hand has also agreed to pay $34,000 in restitution to the school district.
This case was investigated by the FBI, New York State Police, and the Office of the New York State Comptroller, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Onslow County Gang Member Receives More Than 9 Years in Federal PrisonRead the Press Release
NEW BERN, N.C. – Cyle Norris, 30, of Onslow County, was sentenced on January 5, 2021, to 112 months imprisonment for: (1) conspiracy to distribute and possess with the intent to distribute 50 grams or more of a mixture and substance containing methamphetamine; and (2) distribution of a quantity of a mixture and substance containing methamphetamine.
The evidence presented during the sentencing hearing revealed that on December 20, 2019, Norris sold a quantity of methamphetamine to an undercover officer working with the Onslow County Sheriff’s Office in the Richlands, N.C. area. The investigation further revealed that between August 2018 and the time of his arrest, Norris possessed and/or distributed more than 250 grams of methamphetamine. According to law enforcement, Norris was also a member of a violent gang.
The investigation was part of an Organized Crime Drug Enforcement Task Force (OCDETF) joint federal, state, and local investigation targeting a multi-State drug trafficking organization that has been responsible for the distribution of large quantities of extremely pure methamphetamine in Onslow County and throughout the United States. OCDETF cooperative investigations are the nation’s primary tool for disrupting and dismantling national and regional level drug trafficking organizations.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, with assistance from the Onslow, Duplin and Craven County Sheriff’s Offices and the Beaufort and Kinston Police Departments. Assistant U.S. Attorney Timothy Severo prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:20-cr-00075-FL-1.
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Omaha Man Sentenced for Robbery SpreeRead the Press Release
United States Attorney Joe Kelly announced that Darrell L. Manley, 19, of Omaha, Nebraska, was sentenced today in federal court in Omaha for his involvement in numerous robberies, some involving firearms, occurring between July and September 2019. United States District Judge Brian C. Buescher sentenced Manley to 18 years in the Bureau of Prisons. There is no parole in the federal system. Upon his release from prison, Manley will begin a 5-year term of supervised release. He was also ordered to pay $1,690.45 in restitution
On July 22, 2019, Manley entered the KwikShop at 3222 Q Street in Omaha with a long gun and forced everyone to the ground. He took money from the register and a pack of cigarettes. During the robbery, he threatened the clerk.
On September 12, 2019, Manley robbed four businesses in Omaha. At 12:39 am, he robbed the Bucky’s at 107 South 40th Street by walking in with what the clerk believed to be a gun and struck him in the face with it. After demanding the registers be opened, he ran out the door with cash. At 6:47 am, he entered the Bucky’s at 6003 Center Street, and struck that clerk in the face with the same gun. At 9:26 am, he robbed the Anderson B.P. at 15635 West Dodge Road by entering the store, banging on the register, and demanding the register be opened. Manley grabbed the money and fled. At 9:23 pm, he entered the Casey’s General Store at 1202 South 13th Street. One of the clerks saw a gun and heard Manley demand money. Another employee unlocked the register. Manley grabbed money and left the store.
Manley continued his spree by again robbing the Bucky’s at 6003 Center Street in Omaha on September 16, 2019. He entered the store, pointed a gun at the clerk and demanded she open the register. She did so. He jumped on the counter, grabbed cash, and left the store.
Two days later, on September 18, 2019, he robbed the Casey’s General Store located at 1202 South 13th Street in Omaha. He entered the store, pointed a tire iron at the clerk, jumped the counter and demanded the registers be opened. He grabbed cash and left the store.
Manley’s face was concealed or partially concealed during each of the seven robberies. The Omaha Police Department Robbery Unit and Federal Bureau of Investigation’s Great Plains Violent Crime Task Force used shoe prints, fingerprints, DNA and video to tie Manley to this string of robberies.
This case was investigated by the Omaha Police Department and the Federal Bureau of Investigation.
New Jersey Man Sentenced for Cyberstalking, Receiving Child PornographyRead the Press Release
PROVIDENCE – A New Jersey man who befriended three Rhode Island minor females and a fourth in Indiana on social media, persuading them to send him sexually explicit photographs of themselves, and then cyberstalked and threatened to share some of the photographs if they refused to continue to communicate with him, was sentenced on Tuesday to more than seven years in federal prison.
Pritkumar Tarunkumar Patel, 24, of Closter, NJ, threatened to share the photographs on social media with the girls’ classmates and others.
According to court documents, Patel befriended the girls on various social media platforms and persuaded them to send sexually explicit photographs of themselves to him. He sent sexually explicit photographs of himself to the girls and, in at least one instance, communicated in much the same way via a live video chat.
Patel pleaded guilty on April 30, 2020, to charges of cyberstalking and receipt of child pornography, admitting that he threatened and harassed the girls on social media, by text messaging, and /or by calling them, and that he repeatedly demanded that they resume communicating with him and unblock his access to their social media accounts. Patel admitted that he threatened to post the sexually explicit photos of them online and that he would share them with their friends, classmates, and family members. He also threatened to create Instagram accounts in the girls’ names and use those accounts to post the pictures online.
On at least one occasion he followed through on his threats by posting a sexually explicit picture of a 13-year-old girl from Indiana on an Instagram account he created using her name.
On Tuesday, U.S. District Court Judge Mary S. McElroy sentenced Patel to 90 months in federal prison to be followed by 5 years’ supervised release; pay each of the four victims restitution in the amount of $3,000; and ordered Patel to pay a mandatory assessment of $5,000 as provided for in the Justice for Victims Trafficking Act.
Patel’s sentence is announced by United States Attorney Aaron L. Weisman and Homeland Security Investigations Acting Special Agent in Charge William S. Walker.
The case was prosecuted by Assistant United States Attorney Lee H. Vilker.
The investigation into Patel’s criminal activity began when the family of one of the girls brought the matter to the attention of the Hopkinton, R.I., Police Department.
United States Attorney Aaron L. Weisman and Homeland Security Investigations Acting Special Agent in Charge William S. Walker acknowledge and commend the Hopkinton Police Department for their investigative efforts that ultimately led to the identity and arrest of Patel, and thank Rhode Island State Police and New Jersey State Police for their assistance in the investigation.
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New Bedford Woman Charged with Embezzling Nearly $600,000 from EmployerRead the Press Release
BOSTON – The former bookkeeper of a New Bedford-based seafood company has been charged and has agreed to plead guilty in connection with embezzling nearly $600,000 from her employer.
Kara Howland, 37, of New Bedford, was charged with bank fraud and filing a false tax return. Under the terms of the plea agreement, the parties have agreed to a sentence, subject to the Court’s approval, of 18 to 36 months in prison, a fine and restitution. A plea hearing has not yet been scheduled by the Court.
According to court documents, between January 2016 and December 2019, Howland embezzled $598,241 from her employer by writing checks from her employer’s bank accounts to pay her credit card bills. Howland altered the company’s internal accounting records to make it appear that the checks were paid to legitimate vendors. Additionally, Howland did not report or include the funds that she embezzled on her federal income tax filings, resulting in a tax loss of $180,863.
The charge of bank fraud provides a sentence of up to 30 years in prison, five years of supervised release and a fine of up to $1 million or twice the gross gain or loss. The charge of filing a false tax return provides for a sentence of up to three years in prison, one year of supervised release and a fine of $100,000. 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; Joleen D. Simpson, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Craig A. Marech, Resident Agent in Charge of the Providence Office of the U.S. Secret Service, made the announcement today. The New Bedford Police Department also provided assistance. Assistant U.S. Attorney Kristen A. Kearney of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
Montgomery Man Sentenced to Federal Prison for Methamphetamine ConspiracyRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that Sammy Joe Fragale, II, 39, of Montgomery, was sentenced to 42 months in federal prison for conspiracy to distribute methamphetamine.
“The Fragales made meth trafficking their family business,” said United States Attorney Mike Stuart. “Now, father and son, both convicted of their crimes, will be calling a federal prison their home.”
Fragale pled guilty in September admitting to being involved in a conspiracy to distribute methamphetamine in and around Montgomery. On August 18, 2020, Fragale distributed an ounce of methamphetamine to an informant. Two days later he sent the informant to his father, Sammy Joe Fragale, Sr. to obtain more methamphetamine. Fragale, Sr. pled guilty in December and is scheduled to be sentenced on March 29, 2021.
The Drug Enforcement Administration (DEA) conducted the investigation of the Fragales. Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Joshua Hanks is handling the prosecution.
This case was part of operation “Second Wave,” a long-term investigation of a drug trafficking ring involved in the distribution of methamphetamine, cocaine, heroin, marijuana, and THC products. More than a dozen individuals have been charged in federal court as part of the investigation. In addition to the Fragales, Larry Terrence Martin and Greg Woods have pled guilty. Jimmie Lee Coleman is scheduled to plead guilty on January 19, 2021. Trial for the remaining defendants is scheduled in March. The Federal Bureau of Investigation (FBI), the Central West Virginia Drug Task Force, the United States Postal Inspection Service (USPIS), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Kanawha County Sheriff’s Office (KCSO), the Metropolitan Drug Enforcement Network Team (MDENT), and the Charleston Police Department conducted the “Second Wave” investigation.
The Organized Crime Drug Enforcement Task Force (OCDETF) is an independent component of the U.S. Department of Justice. Established in 1982, OCDETF is the keystone of the Attorney General’s strategy to reduce the availability of illicit narcotics throughout the United States using a prosecutor-led, multi-agency approach to combat transnational organized crime. OCDETF agents and prosecutors nationwide handle complex investigations and prosecutions of the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States. OCDETF facilitates joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.
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 Nos. 2:20-cr-00176 (Fragale, II), 2:20-cr-00184 (Fragale, Sr.), 2:20-cr-00154 (Martin et al), and 2:20-cr-00153 (Woods).
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Marshall County woman admits to drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Dannielle L. Young, of Moundsville, West Virginia, has admitted to a methamphetamine charge, U.S. Attorney Bill Powell announced.
Young, 32, pled guilty to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine.” Young admitted to working with others to distribute methamphetamine from August 2019 to August 2020 in Marshall County and elsewhere.
Young faces 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 Shawn M. Adkins is prosecuting the case on behalf of the government. The Marshall County Drug Task Force, a HIDTA-funded initiative, and the Bureau of Alcohol, Tobacco, Firearms & Explosives investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Man from Albuquerque pleads guilty to federal firearm chargeRead the Press Release
ALBUQUERQUE, N.M. – Edward Romero, 31, of Albuquerque pleaded guilty in federal court on Dec. 9 to being a felon in possession of a firearm and ammunition.
According to his plea agreement, Romero arrived at the U Pull and Pay, a self-serve used auto parts business in Bernalillo County, New Mexico, on March 9. Romero and a companion engaged in an argument with the victim in the parking lot and followed the victim into the store. When Romero’s companion and the victim began to fight, Romero pulled out his firearm and fired at the victim. Romero and his companion then fled in Romero’s vehicle, and Romero was arrested soon afterward by law enforcement.
As a convicted felon, Romero cannot legally possess a firearm or ammunition. By the terms of the plea agreement, Romero faces up to 10 years in prison and will remain in custody pending sentencing.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case this case as part of the Department of Justice’s Operation Legend, a coordinated federal and local law enforcement initiative to fight gun and dangerous crime. Assistant U.S. Attorney Nicholas Mote is prosecuting the case.
Lincoln County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Lenville Jason Porter, 36, of Lincoln County, was sentenced to 33 months in federal prison for being a felon in possession of a firearm. Stuart commended the investigative work of the West Hamlin Police Department, notably Lt. J.J. Napier, the Lincoln County Prosecuting Attorney’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), who assisted the West Hamlin Police Department with the trace and testing of the firearm.
Porter admitted that on October 15, 2018, he was removing engine parts from a car when he was seen by Lt. Napier of the West Hamlin Police Department. Suspicious that he was observing Porter commit theft, Lt. Napier investigated and asked if he could pat Porter down for officer safety. Porter admitted he had a gun prior to the pat down search. Lt. Napier physically recovered a Phoenix Arms .22 pistol from the defendant’s pocket. The gun was loaded and capable of shooting. A records check revealed that Porter was convicted in 2013 of two prior felony offenses in Lincoln County: third degree arson and destruction of a public utility. Porter had neither been pardoned nor had his civil right to possess a firearm restored. Additional records checks of the firearm by the ATF confirmed the gun had traveled in interstate commerce. The ATF also confirmed the functionality of the firearm.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Erik S. Goes handled the prosecution.
This case is 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.
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-00120.
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Law enforcement leaders celebrate opening of Cleveland OCDETF Strike Force facilityRead the Press Release
U.S. Attorney Justin Herdman joined local and federal law enforcement leaders today for a ribbon-cutting ceremony to celebrate the grand opening of the Cleveland Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force facility. The new facility will allow police, federal investigators and both state and federal prosecutors to collaborate and share resources on investigations into criminal organizations at one central location.
Joining U.S. Attorney Herdman in the announcement were representatives from the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA); Cleveland Division of Police (CPD); Internal Revenue Service (IRS); United States Attorney's Office for the Northern District of Ohio (USAO-NDOH); Immigration and Customs Enforcement/United States Department of Homeland Security (ICE/HSI); United States Postal Inspection Service (USPIS); United States Marshals Service (USMS); United States Border Patrol (USBP); Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); High Intensity Drug Trafficking (HIDTA) Task Force; and Independence Mayor Gregory Kurtz and Police Chief Michael Kilbane.
“This new facility will allow members of the Cleveland OCDETF Strike Force to more efficiently share intelligence and coordinate resources on investigations into drug trafficking organizations and others responsible for violent crime in the city of Cleveland and the outlying suburbs,” said U.S. Attorney Justin Herdman. “I want to thank everyone involved in the planning, construction and operation of this facility. This building will greatly enhance our law enforcement presence and operational capacity for years to come.”
“As illicit drug production, transportation, and distribution plague our nation and the safety of our citizens, OCDETF remains the premier targeting, coordination, and intelligence platform for combatting high-level drug trafficking and its attendant violent crime,” said OCDETF Director Adam W. Cohen. “The Cleveland Strike Force does not just join 18 other OCDETF Strike Forces; it joins the largest anti-crime task force in the country. The Cleveland OCDETF Strike Force will bring to bear the full resources, authorities, and expertise of the OCDETF Program, maximizing its impact against priority threats.”
"Cleveland is one of the largest Strike Force's in the nation,’ said FBI Special Agent in Charge Eric Smith. “The need for such a capability comes as a response to a persistent and growing crime rate, but it also serves as a bulwark and a predictive unit to address the new threats we see ahead. This Strike Force represents the best of our combined efforts - law enforcement resources working violence, drugs, gangs, carjackings, and armed robberies - TOGETHER - under one roof. We know this unanimity of purpose and unity of effort will only enhance our efforts to combat, disrupt and dismantle criminal activity."
“The OCDETF Strike Force is another tool we are using to collectively combat those distributing poison throughout Ohio and committing violent acts to further their enterprise at the expense of the safety and security of our communities,” said DEA Special Agent in Charge Keith Martin. “We have already seen results from our collaborative efforts with our state, local and federal partners in Ohio and I fully expect this initiative to only get better. “
The organizational structure of the new facility allows for real-time, collaborative, centralized intelligence sharing between member agencies. Present in the facility are officers, investigators and prosecutors from the U.S. Attorney’s Office for the Northern District, FBI, DEA, HSI, IRS, ATF, U.S. Marshals Service, Cleveland Division of Police, Cuyahoga County Prosecutor’s Office, U.S. Postal Inspection Service, U.S. Border Patrol, the Ohio State Highway Patrol, the Ohio High Intensity Drug Trafficking Area, the Independence Police Department and several other local area law enforcement agencies.
Launched in 2018, the Cleveland OCDETF Strike Force brings together local police agencies, federal agents and prosecutors to work collaboratively on investigations into major criminal organizations and their subsidiaries trafficking narcotics, weapons, humans and the proceeds of those crimes. Cooperative investigations are focused on dissolving these organizations, their financial infrastructure, and the violence that accompanies their activities.
In addition, the Strike Force also targets violent street gangs involved in retaliatory homicides, carjackings, commercial robberies and other violent activities, as well as people and organizations involved in trafficking opioids.
Justice Department Applauds the Passage and Enactment of the Servicemembers and Veterans Initiative Act of 2020Read the Press Release
On Jan. 5, 2021, President Donald J. Trump signed H.R. 8354, the Servicemembers and Veterans Initiative Act of 2020, a bill to permanently establish the Servicemembers and Veterans Initiative, or “SVI”, within the Civil Rights Division of the Department of Justice.
SVI’s mission is to support the department in its efforts to protect those who protect us all. The SVI is a proven and effective vehicle for coordinating the department’s servicemember-related litigation efforts as well as delivering training, technical assistance, and other support to Assistant U.S. Attorneys (AUSAs), servicemembers, veterans, and their families.
“We applaud both houses of Congress for their bipartisan action to recognize the important work that is being done within the Civil Rights Division and codify the role of the Servicemembers and Veterans Initiative within our organization,” said Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division. “The Civil Rights Division has been at the forefront of litigation and outreach intended to ensure that servicemembers, veterans and their families do not have to bear undue burdens caused by civil rights violations as a result of their military service.”
SVI coordinates with Department of Justice components and federal agencies to build a comprehensive legal support and protection network focused on serving servicemembers, veterans, and their families. The Civil Rights Division is the Department of Justice component that enforces the majority of servicemember-related statutes, including: the Servicemembers Civil Relief Act (SCRA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), and the Americans with Disabilities Act (ADA). The initiative builds upon this critical enforcement work, as well as the work of other department components that serve the military community, by sharing information, identifying servicemember and veteran needs, and coordinating the distribution of resources. The SVI also coordinates its training programs with the Civil Division’s Consumer Protection Branch to investigate and prosecute reported fraud targeting servicemember and veterans. The SVI also regularly liaises with Department of Defense, the Consumer Finance Protection Bureau, the Federal Trade Commission, the Department of Labor, as well as nonprofits, professional associations, and law school clinics dedicated to serving our servicemember and veteran communities.
The Department of Justice, the Civil Rights Division, and the SVI are dedicated to its responsibilities to assist servicemembers and veterans. Since January 2017, the division has filed 23 SCRA complaints and entered into 21 consent decrees and settlement agreements providing $11 million in compensation to over 2,000 servicemembers, in addition to civil penalties. The division filed more SCRA lawsuits in fiscal year 2020 (eight) than in any prior fiscal year. Since the division assumed USERRA enforcement authority in 2004, it has filed 109 USERRA employment-related lawsuits and has favorably resolved 200 USERRA complaints either through consent decrees obtained in those suits or through facilitated private settlements. Since January 2017, the division has filed 10 complaints and resolved 34 claims through consent decree or settlement and has secured compensation to improperly reemployed or terminated servicemembers. Since UOCAVA was enacted in 1986, the division has filed over 50 lawsuits to enforce its terms. The division also has achieved many resolutions that did not require litigation to obtain the needed remedial actions by state officials. The division also has filed amicus briefs in litigation regarding UOCAVA to ensure that eligible military and overseas voters would have sufficient time to vote. Our partners in the Civil Division’s Consumer Protection Branch have also had success in their work. For example, in August 2019 the branch indicted five individuals for coordinating a million-dollar scheme to target thousands of servicemembers and veterans.
In just the past year, SVI has organized multi-day training programs for AUSAs in order to create a nationwide network of enforcement network. SVI has also conducted over 50 trainings, presentations and other events directly to servicemembers and Judge Advocates since 2018, including 18 virtual trainings since the onset of the COVID-19 pandemic. SVI has also engaged in legislative and policy changes impacting servicemembers.
As a result of Congress’s action, and President Trump’s support, the important work of the SVI can continue as an integral part of the Civil Rights Division’s enforcement and outreach portfolio. The civil rights of our servicemembers, veterans, and their families are of utmost importance to the Civil Rights Division and the codification of the SVI’s role in our organization ensures our continued efforts to protect those who sacrifice so much to protect all of us.
Judge sentences St. Louis County man to 30 years in prison for production of child pornography chargesRead the Press Release
ST. LOUIS, MO – United States District Judge Rodney W. Sippel sentenced Zachary Hamby to 30 years in prison today after the 30-year-old Florissant, Missouri resident’s guilty plea to four counts of production of child pornography and two counts of attempted production of child pornography. Judge Sippel sentenced Hamby’s co-defendant, Heather McDorman, to 288 months in prison in October.
According to court documents, between February 1, 2018 and March 12, 2018, Hamby directed McDorman to take pornographic photographs of children in restrooms at South County Mall, Walmart, other area malls, park bathrooms and a church bathroom. McDorman, at the direction of co-defendant Hamby, also sexually abused a child and photographed and live-streamed some of the abuse for Hamby to view. The abuse was filmed using an iPhone, which had traveled in interstate commerce.
The St. Louis County Police Department and the Federal Bureau of Investigation investigated the case. Assistant United States Attorney Colleen Lang handled the case.
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Incarcerated Gang Leader and Spouse Plead Guilty to Drug Trafficking Conspiracy Orchestrated from PrisonRead the Press Release
OKLAHOMA CITY – Earlier this week, RAMON DOMINQUEZ, 46, currently incarcerated in an Oklahoma prison, and STEPHANIE SOLIZ, 46, of Oklahoma City, pleaded guilty to a drug distribution conspiracy involving methamphetamine and heroin, announced U.S. Attorney Timothy J. Downing.
According to court documents and public records, Dominquez was a member of the Southside Locos prison gang serving a life sentence in the Oklahoma Department of Corrections for a previous conviction for First Degree Murder, in addition to sentences for other offenses. Leaders of the Southside Locos prison gang, including Dominquez, orchestrated a large-scale drug-trafficking operation, primarily focused on distribution of methamphetamine and heroin, using contraband cell phones from prison.
As a non-incarcerated member of the conspiracy, Dominquez’s wife and co-defendant, Soliz, served as Dominquez’s de facto presence on the street. In addition to delivering drugs, Soliz collected proceeds from drug debts and sales, storing the money for future drug-trafficking and protecting the Southside Loco’s drug-related assets.
On January 4, 2021, Dominquez pleaded guilty to his involvement in the drug trafficking conspiracy. On January 6, 2021, Soliz also pleaded guilty to her involvement in the drug trafficking conspiracy.
At sentencing, which is anticipated to take place in about 90 days, Dominquez faces a maximum penalty of life in a federal prison or a fine of up to $10,000,000, or both, in addition to a term of supervised release for five years. Soliz faces a maximum penalty of twenty years in federal prison or a fine of $1,000,000, or both, in addition to a term of supervised release for three years.
These charges are the result of a nearly two-year investigation by the Oklahoma City Federal Bureau of Investigation, the Oklahoma City Police Department, and the Oklahoma Department of Corrections—Security Threats Intelligence that ultimately led to the federal indictments of more than 40 defendants related to this drug trafficking enterprise. Thirty-four defendants have already pleaded guilty, and six defendants are still awaiting trial or plea hearings.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Assistant U.S. Attorneys Jason Harley and David McCrary are prosecuting the case.
Reference is made to public filings for more information. To download a photo of U.S. Attorney Downing, click here.
Hartford Man Allegedly Involved in December Shooting Charged with Violating Supervised ReleaseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that BRANDON SPENCE, also known as “Spun,” 33, of Hartford, was arrested today on a criminal complaint charging him with violating the conditions of his federal supervised release.
Following his arrest, Spence appeared via videoconference before U.S. Magistrate Judge Thomas O. Farrish, who ordered Spence detained.
On February 5, 2019, Spence was sentenced in Hartford federal court to 24 months of imprisonment and three years of supervised release for possession of a firearm by a convicted felon. Spence, who had been detained since his arrest in June 2018, was released from federal prison in February 2020.
As alleged in court documents, at approximately 9:30 a.m. on December 7, 2020, Hartford Police surveillance cameras captured Spence and another individual engaged in a dispute in a parking lot at 20 Enfield Street. Spence pulled out a firearm, shot the individual in the leg, and then stole the victim’s vehicle.
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.
This matter is being investigated by the FBI Connecticut Violent Crimes Task Force, the FBI’s Northern Connecticut Gang Task Force and the Hartford Police Department. The case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
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 neighborhoods safer for everyone.
Hampshire County man admits to drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Jamie Lee Sirbaugh, of Springfield, West Virginia, has admitted to a methamphetamine charge, U.S. Attorney Bill Powell announced.
Sirbaugh, 43, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Fifty Grams or More of Methamphetamine.” Sirbaugh admitted to having more than 50 grams of methamphetamine, also known as “ice,” in February 2019 in Hampshire County.
Sirbaugh faces not less than 10 years and up to life incarceration and a fine of up to $10,000,000. 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 Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
German Citizen Pleads Guilty to Federal Charges in Maryland Related to a Scheme to Defraud the U.S. State DepartmentRead the Press Release
Greenbelt, Maryland – Katrin Verclas, age 52, a native and citizen of Germany residing in Washington, D.C., pleaded guilty today in Maryland to federal charges of obstruction of a federal audit and causing a financial institution to fail to file a suspicious activity report (SAR), related to more than $1.2 million in U.S. State Department grant funds awarded to a corporation that Verclas controlled.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur and Diana Shaw, Acting Inspector General for the U.S. Department of State.
According to the plea agreement, on December 17, 2009, the U.S. State Department’s Bureau of Democracy, Human Rights, and Labor (“DRL”) publicized a Request for Proposal (“RFP”) that solicited grant proposals under the title “Promoting Freedom of Expression and the Free Flow of Information through Technology and Access.” The submission deadline for grant proposals was January 22, 2010.+
As detailed in the plea agreement, Verclas, who was residing in Amherst, Massachusetts at the time, had worked for non-profit organizations in the field of social activism through the use of technology since about 1996. In preparation for a response to the DRL RFP, on January 15, 2010, Verclas converted a project known as MobileActive into a Delaware corporation, and on January 22, 2010, electronically submitted a grant proposal to DRL on behalf of MobileActive. On September 20, 2010, MobileActive was awarded a grant from the U.S. Department of State in the amount of approximately $1,411,000, to develop and promote: a Mobile Security Toolkit of needed and missing software applications for secure mobile communication; and tactical resources that would allow human rights organizations and activists in specific geographic regions to easily assess and mitigate risks associated with their mobile communications. The performance period of the grant was September 20, 2010 through about September 30, 2012.
In order to request the grant funds, MobileActive, through Verclas, established an account with Payment Management System (“PMS”), a federal grants management database located in Bethesda, Maryland. Between October 26, 2010 and July 26, 2012, Verclas submitted 11 payment requests on behalf of MobileActive, causing the U.S. Department of State to release $1.222 million to MobileActive’s business bank account, which Verclas controlled.
MobileActive, through Verclas, failed to comply with a number of requirements under the grant. In November 2012, the State Department began performing an audit and quality assurance inspection with regard to the grant award. Between November 2012 and February 2014, the State Department made several requests, including through letters mailed and hand-delivered to Verclas, to provide documents and information, including a final financial report and inventory report, among other things. Verclas admitted that she intentionally ignored the State Department’s repeated requests because she knew that she did not have the requisite reports, documents, and other items.
In addition, Verclas admitted that between November 2010 and October 2012, she failed to disclose to the bank that many of the transactions involving the MobileActive business account were for Verclas’ own personal gain rather than legitimate business purposes. Verclas knew that, had the bank been aware of the true nature of these transactions, it would have been required to file a SAR. Through her deception, Verclas willfully caused the bank to fail to file a SAR.
Verclas and the government have agreed that, if the Court accepts the plea, Verclas will be sentenced to 364 days in federal prison on each count, to be served consecutively, provided that a related civil complaint filed against MobileActive is also settled. Under the MobileActive agreement, the corporation will be required to pay $500,000 to the United States within five days of the Court accepting the consent judgment, or the Court accepting Verclas’ plea agreement and imposing the agreed-upon sentence, whichever is later.
United States Attorney Robert K. Hur commended the U.S. Department of State, Office of Inspector General, for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorney David I. Salem, who is prosecuting the case, and thanked Assistant U.S. Attorney Katharine A. Wagner of the Massachusetts U.S. Attorney’s Office, who provided substantial assistance.
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Former Teacher Pleads Guilty to Child Pornography ChargesRead the Press Release
A former pre-school teacher pleaded guilty today to distributing, receiving, and possessing child pornography, announced U.S. Attorney Trent Shores.
Andrew Glenn Perrine, 31, of Tulsa, pleaded guilty to distribution and receipt of child pornography and to possession of child pornography from June 28, 2019, to July 14, 2020.
In July 2020, Investigators from the Tulsa Police Cyber Crimes Unit and agents with the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) received information that someone using the internet at Perrine’s residence had been distributing child pornography using a social media messaging app. When investigators conducted a search, officers recovered numerous electronic items. A forensic examination discovered more than 50 sexually explicit photos of children that had been downloaded from the internet.
Perrine, a former pre-school teacher at B’nai Emunah Preschool in Tulsa and former teacher at Bartlesville Middle School, confessed to downloading child pornography for more than 15 years and to possessing photos of children as young as 10 years old.
The Tulsa Police Department and ICE-HSI conducted the investigation. Assistant U.S. Attorney Christopher J. Nassar is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Federal Inmate Agrees to Extend Stay After Smuggling Drugs into FCI TexarkanaRead the Press Release
TEXARKANA, Texas – A 47-year-old federal inmate pleaded guilty to a federal violation in the Eastern District of Texas, announced U.S. Attorney Stephen J. Cox today.
Jason Josh Parmeley pleaded guilty to aiding and abetting attempt to obtain contraband in prison today before U.S. Magistrate Judge Caroline M. Craven. In his plea agreement, Parmeley agreed to be sentenced to 60 to 80 months of imprisonment following his current term of incarceration, which will elapse in 2028.
According to information presented in court, Parmeley, while an inmate at FCI Texarkana, joined others in smuggling Buprenorphine into the institution. Parmeley facilitated communication between the participants, intending the drugs to be distributed to inmates at the institution. Parmeley was also participating in a scheme and conspiracy to commit wire fraud while he was incarcerated.
Under federal statutes, Parmeley faces up to 20 years in federal prison at sentencing. The statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.
This case is being investigated by the Dallas Field Office of the U.S. Department of Justice, Office of the Inspector General, the Fort Worth Division of the U.S. Postal Inspection Service, and the Bureau of Prisons, Special Investigation Service. The case is being prosecuted by Assistant U.S. Attorney Jonathan R. Hornok.
Fayette County Man Sentenced to 15 Years in Federal Prison for Attempted Enticement of a MinorRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Eugene Enrique Torres, 41, a Panamanian man residing in Fayetteville, was sentenced to 15 years in federal prison for attempted enticement of a minor. Torres was also sentenced to a term of supervised release of 20 years and will be required to register as a sex offender.
“Offenders that exploit, or seek to exploit our children, will be prosecuted to the fullest extent of the law,” said United States Attorney Mike Stuart. “I commend the relentless efforts of my team and those our law enforcement partners to protect West Virginia’s most vulnerable.”
Torres previously admitted that in June 2020 he contacted a woman on Craigslist who identified herself as a mother who would allow him to have sex with her children in exchange for money. During the conversation, Torres arranged to have the woman travel from Beckley to a hotel in Fayetteville with an 11-year-old girl the woman stated was her daughter. Torres would then pay approximately $250 in order to engage in oral sex and sexual intercourse with the child. After he met with the purported mother at the hotel, Torres was arrested while walking with the mother to meet the child.
The FBI Child Exploitation and Human Trafficking Task Force conducted the investigation. Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Jennifer Rada Herrald handled the prosecution.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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-00177.
Follow us on Twitter: SDWVNews and USAttyStuart
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Fargo Man Acknowledges Guilt and Pleads Guilty to Civil Disorder during the May 30th, 2020, Fargo RiotsRead the Press Release
Fargo – United States Attorney Drew Wrigley announced that Errick Toa, age 31 of Fargo, ND, originally from California, pleaded guilty before Chief Judge Peter D. Welte, U.S. District Court, Fargo, ND, for the charge of Civil Disorder, 18 USC 231 (a)(3), during the riots in Fargo, ND.
On May 30, 2020, Toa participated in riots that erupted in Fargo in response to George Floyd’s death in Minneapolis. What started as peaceful protest in Fargo turned violent when rioters, including Toa, jumped on top of a Fargo Police Department vehicle causing extensive damage. In one instance, Toa is seen on video stomping on the windshield of an occupied police vehicle, shattering the windshield.
Sentencing is scheduled for April 13, 2021, before Chief Judge Peter D. Welte.
"Peaceful assembly and protest help form the foundation of our democracy, but intimidation is not speech, violence is not speech, and destruction is not speech" said US Attorney Drew Wrigley, "those who employ the tactics of hate and violence have crossed a bright red line and will be brought to justice."
This case was investigated by the Federal Bureau of Investigation and the Fargo Police Department, and is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Richard Lee assigned to the case.
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Elkhart, Indiana Man Sentenced to 70 Months in PrisonRead the Press Release
SOUTH BEND –Darnell Verner, 31, of Elkhart, Indiana was sentenced by United States District Court Judge Jon E. DeGuilio upon his plea of guilty to being a felon in possession of a firearm, announced Acting U.S. Attorney Bell.
Verner was sentenced to 70 months in prison and 2 years of supervised release.
According to documents filed in this case, during a two-month period from November 2019 to January 2020, Mr. Verner visited gun stores on eight occasions and obtained a firearm each time despite having been convicted of multiple prior felony offenses. Of the eight firearms Mr. Verner obtained, one semi-automatic rifle was recovered when he tried to sell it back to a gun store. The whereabouts of the seven other firearms remain unknown. Mr. Verner’s prior convictions include aggravated unlawful use of a weapon as well as delivery of crack cocaine and heroin.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was handled by Assistant U.S. Attorney Molly E. Donnelly.
Eleven Meth, Cocaine Traffickers Charged in AmarilloRead the Press Release
Eleven alleged drug traffickers have been arrested and charged in Amarillo, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
The defendants – who allegedly conspired to deal hundreds of grams of methamphetamine and cocaine – were arrested on Tuesday, Jan. 5 in a bust led by the Drug Enforcement Administration’s Amarillo Resident Office. During the operation, law enforcement seized more than 25 guns as well as kilogram quantities of drugs and U.S. currency.
The majority of the defendants made their initial appearances Wednesday morning before U.S. Magistrate Judge Lee Ann Reno.
Those charged in the 14-count indictment include:
- Christopher David Bell: conspiracy to distribute controlled substances, distribution of methamphetamine
- Randall Emery Bull: conspiracy to distribute controlled substances, distribution of methamphetamine
- Summer Nichole Wilcox: conspiracy to distribute controlled substances, possession with intent to distribute methamphetamine
- Arizona Michelle Wood: conspiracy to distribute controlled substances, distribution of methamphetamine, unlawful use of a communications facility
- Ruben Gomez-Bastida: conspiracy to distribute controlled substances, distribution of methamphetamine
- Sergio Segovia: conspiracy to distribute controlled substances, distribution of methamphetamine
- Jimmy Pancheco: conspiracy to distribute controlled substances, possession with intent to distribute methamphetamine, possession with intent to distribute cocaine
- Julia Annette Machado: conspiracy to distribute controlled substances, distribution of methamphetamine
- Katreyna Ann Betancourt: conspiracy to distribute controlled substances, distribution of methamphetamine
- Brenda Joynce Monroe: conspiracy to distribute controlled substances, distribution of methamphetamine
- Billy Loy Holliday: conspiracy to distribute controlled substances
“Combatting the scourge of illegal drug trafficking is one of the Justice Department’s top priorities,” said U.S. Attorney Erin Nealy Cox. “We are proud to have collaborated with so many law enforcement agencies to disrupt the flow of meth and cocaine and to take so many high-level dealers off the streets of Amarillo.”
“Tuesday’s city-wide, cooperative law enforcement efforts to disrupt the methamphetamine and cocaine trafficking in our city was a tremendous success,” said DEA Special Agent in Charge of the Dallas Division Eduardo A. Chávez. “The Yellow Rose of Texas is safer today as we bring justice to those drug traffickers who want to poison our communities and profit from those who struggle with addiction. DEA Amarillo’s efforts will never waver as we seek to protect the neighborhoods we call home.”
“Drug trafficking and the public safety risks associated with it is a top priority for HSI Dallas and we will continue to allocate substantial resources to combat those responsible,” said Ryan L. Spradlin, Special Agent in Charge of HSI's Dallas Field Office.”
An indictment is merely an allegation of criminal conduct, not evidence. Defendants are presumed innocent until proven guilty in a court of law.
If convicted, the lead defendant, 44-year-old Christopher Bell, faces up to life in federal prison. Other defendants face between four years to life in prison.
Three defendants charged in the indictment remain fugitives.
The Drug Enforcement Administration and Homeland Security Investigations (HSI) conducted the investigation with the assistance of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, & Explosives, the Potter County Sheriff’s Office, the Randall County Sheriff’s Office, the Lubbock County Sheriff’s Office, the Texas Department of Public Safety, the Amarillo Police Department, the Potter and Randall County District Attorney’s Offices, the Texas Anti-Gang Unit, and the United States Marshal’s Service. The Texoma High Intensity Drug Trafficking Area (HIDTA) program, the Organized Crime Drug Enforcement Task Force (OCDETF) Southwest Region, and the National Guard Counter Drug unit provided operational support. Assistant U.S. Attorney Anna Marie Bell is prosecuting the case
Edmonds, Washington, man pleads guilty to unlawful possession of destructive devices in connection with May 30, 2020 protestRead the Press Release
Seattle - A 20-year-old Edmonds, Washington, man pleaded guilty today in U.S. District Court in Seattle to two counts of unlawful possession of a destructive device for his activities at a May 30, 2020, protest that turned violent in downtown Seattle, announced U.S. Attorney Brian T. Moran. KELLY THOMAS JACKSON faces a maximum ten years in prison when sentenced by U.S. District Judge James L. Robart on March 29,2021.
According to records filed in the case, law enforcement investigated a number of criminal acts at a May 30, 2020, protest, including the arson of several Seattle Police vehicles. Various videos showed a white male suspect in distinctive clothing using glass containers with a flammable material and a wick to burn or attempt to burn two police vehicles. JACKSON was identified as a potential suspect in the case after an anonymous tip to law enforcement. A detailed review of videos from the scene confirmed the suspect resembled JACKSON. Further, a court-authorized analysis of cell phone records placed JACKSON in the area at the time of the fires. JACKSON was observed wearing the same distinctive clothing as in the videos. Finally, additional evidence obtained by law enforcement includes a video of JACKSON throwing one Molotov cocktail into a police vehicle and another video of a glass bottle with a wick. In his plea agreement, JACKSON admits he accessed web-based information on how to construct Molotov cocktails. The second Molotov cocktail was thrown at the windshield of a police vehicle, bounced off, and exploded in flames on the sidewalk outside the Nordstrom store.
Possession of a destructive device is punishable by up to ten years in prison. The ultimate sentence is up to Judge Robart after considering the sentencing guidelines and other factors.
The case was investigated by the FBI and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), with assistance from the Seattle Police Department, the Edmonds Police Department and the Mountlake Terrace Police Department.
The case is being prosecuted by Assistant United States Attorney Todd Greenberg.
Department of Justice Statement on Solarwinds UpdateRead the Press Release
The Department of Justice Spokesman Marc Raimondi issued the following statement:
"On Dec. 24, 2020, the Department of Justice’s Office of the Chief Information Officer (OCIO) learned of previously unknown malicious activity linked to the global SolarWinds incident that has affected multiple federal agencies and technology contractors, among others. This activity involved access to the Department’s Microsoft O365 email environment.
After learning of the malicious activity, the OCIO eliminated the identified method by which the actor was accessing the O365 email environment. At this point, the number of potentially accessed O365 mailboxes appears limited to around 3-percent and we have no indication that any classified systems were impacted.
As part of the ongoing technical analysis, the Department has determined that the activity constitutes a major incident under the Federal Information Security Modernization Act, and is taking the steps consistent with that determination. The Department will continue to notify the appropriate federal agencies, Congress, and the public as warranted."
Couple Charged with Selling Turtles in Violation of the Lacey ActRead the Press Release
NEW ORLEANS, LOUISIANA - United States Attorney Peter G. Strasser announced that VINCENT FELIX RIVERE, age 47, and MEGAN LYNN SHOEMAKER, age 35, former residents of Springfield, Louisiana, were charged on December 30, 2020 in a bill of information with selling Louisiana box turtles on July 13, 2017.
If convicted, they face a maximum term of imprisonment of not more than five years, not more than three years of supervised release, a fine of $250,000.00, and a: mandatory special assessment of $100.00.
U.S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the United States Fish and Wildlife Service ininvestigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
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Convicted Felons Sentenced to Federal Prison for Illegally Possessing FirearmsRead the Press Release
MONROE, La. – Two Monroe, Louisiana men have been sentenced by United States District Judge Terry A. Doughty in connection with two separate arrests, Acting United States Attorney Alexander C. Van Hook announced today.
Larry Ranell Coleman, 29, was sentenced to 46 months (3 years, 10 months) in prison followed by 3 years of supervised release for being a convicted felon in possession of a firearm. On October 9, 2019, Monroe Police Department officers conducted a traffic stop of the vehicle Coleman was driving and he was unable to provide proof of insurance. Officers detected a marijuana odor coming from the vehicle and asked Coleman to step out. While searching the vehicle, officers found a loaded semi-automatic pistol under the driver’s seat. Coleman then fled the scene and was later arrested. He has prior convictions for simple robbery (2014), possession of marijuana (2019), and attempted possession of Xanax (2019). The conditions of Coleman’s state probation were that he is not to possess a firearm.
Moyati Killian, 33, was sentenced to 60 months (5 years) in prison followed by 3 years of supervised release for being a convicted felon in possession of a firearm. On August 27, 2019, Killian was working as a security guard at Sipper’s Sports Bar in Monroe, Louisiana, and was wearing a duty belt around his waist which carried a loaded semi-automatic pistol. Killian has prior felony convictions for possession of marijuana (2012), impersonating a public servant (2012), and credit card fraud (2006). Killian admitted that he had been convicted of felony offenses in both Mississippi and Texas and knew that he was a convicted felon and prohibited from possessing a firearm.
The ATF and Monroe Police Department conducted the investigation. Assistant U.S. Attorneys Brandon B. Brown and Robert F. Moody prosecuted the cases.
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Columbus man pleads guilty to armed robberies at local Internet cafésRead the Press Release
COLUMBUS, Ohio – A Columbus man has agreed to plead guilty in a case involving the murder of a husband and wife in a local Internet café.
Desjuan R. Lee Harris, 25, offered his guilty plea in U.S. District Court today to two counts of robbery and two counts of brandishing a firearm during a crime of violence.
Harris and others were indicted by a federal grand jury in July 2019 for crimes related to a string of robberies of Internet gaming businesses, including one robbery at Players Paradise on East Broad Street that resulted in murder on Jan. 20, 2019.
Chris A. King, 25, is charged with three counts of murder (including the murder of a witness), and Dezhan Townsend, 21, and Justice B. Stringer, 25, are each charged with two counts of murder, which is a death-eligible crime.
According to court documents, Townsend, Stringer and King robbed the Internet café at gunpoint and allegedly murdered security guard Joseph Arrington and then his wife, employee Karen Arrington.
Harris was charged as a co-defendant for his role in two robberies at local Internet cafés prior to Jan. 20, 2019.
According to his plea, Harris and Townsend robbed Players Paradise at gunpoint on Dec. 10, 2018 and fled with $30,000 in cash.
On Jan. 7, 2018, Harris and others committed armed robbery at Planet Jackpot on Alum Creek Drive. During that robbery, they stole approximately $2,400 in cash.
Robbery is a crime punishable by up to 20 years in prison. Brandishing a firearm during a crime of violence involves a mandatory sentence of at least seven years on each count, to be served consecutively to any other sentence imposed. Congress sets the minimum maximum statutory sentence, and sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Columbus Police Chief Thomas Quinlan and Roland Herndon, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced the plea offered today before U.S. Magistrate Judge Norah McCann King. Assistant United States Attorneys Kevin W. Kelley and Elizabeth A. Geraghty are representing the United States in this case.
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Chinese Researcher Sentenced for Making False Statements to Federal AgentsRead the Press Release
BOSTON – A Chinese national was sentenced today in federal court in Boston for making false statements in connection with his theft of 19 vials of biological research.
Zaosong Zheng, 31, was sentenced by U.S. District Court Judge Denise J. Casper to time served (approximately 87 days), three years of supervised release and ordered removed from the United States. In December 2020, Zheng pleaded guilty to one count of making false, fictitious or fraudulent statements. Zheng was arrested on Dec. 10, 2019, at Boston’s Logan International Airport and charged by criminal complaint.
In August 2018, Zheng entered the United States on a J-1 visa and conducted cancer-cell research at Beth Israel Deaconess Medical Center in Boston from Sept. 4, 2018 to Dec. 9, 2019. On Dec. 9, 2019, Zheng stole vials of biological research, hid the vials in his luggage, and attempted to take them out of the United States aboard a flight destined for China. Federal officers at Logan Airport discovered the vials hidden in a sock inside one of Zheng’s bags, and not properly packaged. When asked by federal officers whether he was traveling with any biological items or research, Zheng lied and answered “no.” Zheng later admitted he had stolen the vials from a lab at Beth Israel. Zheng stated that he intended to bring the vials to China to use them to conduct research in his own laboratory and publish the results under his own name.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Denning, Director of Field Operations, U.S. Customs and Border Protection, Boston Field Office; and William Higgins, Special Agent in Charge of the U.S. Department of Commerce, Office of Export Enforcement, Boston Field Office made the announcement today. Assistant U.S. Attorneys Benjamin Tolkoff and Jason Casey of Lelling’s National Security Unit prosecuted the case.
California Genetic Testing Lab Agrees to Pay $357,584 to Resolve False Claims Act AllegationsRead the Press Release
NEWARK, N.J. – A California diagnostic laboratory will pay $357,584 to resolve allegations that it violated the False Claims Act by submitting or causing to be submitted claims for genetic tests to Medicare without valid physician oversight, Acting U.S. Attorney Rachael A. Honig announced today.
According to the contentions of the United States contained in the settlement agreement:
From September 2015 to November 2015, Exceltox used the services of contractor Seth Rehfuss, of Somerset, New Jersey, who persuaded groups of senior citizens in senior housing complexes to submit to genetic testing, despite applicable Medicare rules requiring proper orders from a treating physician for such tests. Exceltox, in turn, submitted claims for payment to Medicare for Rehfuss’ genetic tests performed without valid physician oversight.
Rehfuss previously pleaded guilty in Trenton federal court to a superseding information charging him with conspiracy to commit health care fraud and was sentenced in May 2019 to 50 months in prison.
Acting U.S. Attorney Honig credited special agents of the U.S. Department of Health and Human Services – Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; special agents of the U.S. Attorney’s Office for the District of New Jersey; and the Cape May County Department of Aging and Disability Services, with the investigation leading to the settlement.
The government is represented by Assistant U.S. Attorney Daniel Meyler of the Health Care Fraud Unit in Newark.
The claims settled by this agreement are allegations only, and there has been no determination of liability.
Brunswick County Man Sentenced for Drug and Firearm ChargesRead the Press Release
NEW BERN, N.C. – A Shallotte man was sentenced today to 66 months in prison for Cocaine, Cocaine Base (Crack), and Firearm violations.
According to court documents, Anthony Junior Bell, 50, pleaded guilty to Conspiracy to Distribute and Possess with Intent to Distribute 500 Grams or More of Cocaine and 28 Grams or More of Cocaine Base (Crack), Possession with Intent to Distribute a Quantity of Cocaine and 28 Grams or More of Cocaine Base (Crack), and Possession of a Firearm by a Felon on November 13, 2019.
On December 18, 2018, investigators with the Brunswick County Sheriff’s Office (BCSO) in Bolivia, North Carolina, performed a traffic stop of a vehicle occupied by Bell. A child was seated in the back seat next to Bell.
A K-9 unit provided a positive alert for the presence of narcotics in the vehicle. Investigators seized a set of brass knuckles, 34.38 grams of cocaine base (crack), and 15.89 grams of cocaine from Bell.
Bell admitted that over the prior six months, he had distributed approximately one kilogram of cocaine.
Bell also admitted that he had a firearm at his residence in Shallotte, North Carolina. Agents went to that residence and seized a .38 caliber handgun. Bell had previously been convicted of a crime punishable by more than one year imprisonment, and so he was prohibited from possessing firearms.
On March 29, 2019, Bell was arrested. As he was being processed at the Brunswick County Detention Center, Bell removed 0.81 grams of heroin from his pants pocket and attempted to hide it by dropping it behind a computer at the intake desk.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For additional information about this initiative, click here https://www.justice.gov/usao-ednc/tbnc.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Brunswick County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) investigated the case and Assistant U.S. Attorney Scott A. Lemmon prosecuted the case.
Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:19-CR-95-FL-1.
Billings woman sentenced to prison for illegally possessing gunRead the Press Release
BILLINGS—A Billings woman who admitted illegally possessing a handgun she threw out of a stolen vehicle during a law enforcement pursuit was sentenced today to 30 months in prison and three years of supervised release, Acting U.S. Attorney Leif Johnson said.
Breanne Lee Wieder, 31, pleaded guilty on Aug. 4, 2020 to prohibited person in possession of a firearm.
U.S. District Judge Susan P. Watters presided.
In court documents filed in the case, the prosecution said that on Aug. 13, 2019, Yellowstone County Sheriff’s Office deputies and Billings Police Department officers pursued a stolen truck in the Lockwood area. Officers saw Wieder, the passenger, throw a pistol out the window. The pursuit ended a short time later. Officers recovered a .22-caliber pistol with an obliterated serial number from a front yard. The pistol was loaded with a round in the chamber. Ammunition for the pistol was recovered from the truck and Wieder’s purse. Wieder and the driver and co-defendant, Joseph Alan Sleeping Bear, were arrested for supervision violations and charges related to the stolen vehicle. Sleeping Bear was convicted in the federal case and sentenced to 45 months in prison.
Wieder was on state supervision for a prior felony conviction at the time of the offense and was prohibited from possessing firearms or ammunition.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Billings Police Department, Yellowstone County Sheriff’s Office, Montana’s Probation and Parole Division and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.
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Berkeley County woman admits to drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Jacqueline L. Krsul, of Falling Waters, West Virginia, has admitted to cocaine possession, U.S. Attorney Bill Powell announced.
Krsul, 30, pled guilty to one count of “Possession with Intent to Distribute Cocaine Base.” Krsul admitted to having cocaine base or “crack” in April 2020 in Morgan County.
Krsul faces 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 Timothy D. Helman is prosecuting the case on behalf of the government. The Morgan County Sheriff’s Office investigated.
U.S. Magistrate Judge Robert W. Trumble presided.