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Thursday 3 December 2020
Former Meridian Police Officer Pleads Guilty to Federal ExtortionRead the Press Release
Jackson, Miss. – Former Meridian Police Officer Royric “Roy” Benamon, 27, pled guilty yesterday before Chief U.S. District Judge Daniel P. Jordan III to one count of federal extortion under color of right, announced United States Attorney Mike Hurst and Michelle A. Sutphin, Special Agent in Charge of the Federal Bureau of Investigation in Mississippi.
“There is almost no greater threat to our society than when public servants, especially law enforcement, betray the trust of the people and abuse their authority for their own personal gain. Bringing corrupt officials to justice is one of the highest priorities of this office, and we will continue to ensure that the public is protected and that criminals answer for their crimes,” said U.S. Attorney Mike Hurst.
In April 2020, Officer Benamon pulled over a driver at night in Lauderdale County, and solicited and received from the driver a cash payment in exchange for not issuing the driver a ticket.
Benamon was indicted by a federal grand jury on July 28, 2020, charging him with two counts of extortion under color of right, in violation of 18 U.S.C. § 1951(a).
Sentencing has been set for March 3, 2021 before Judge Jordan in Jackson. Benamon faces a maximum penalty of 20 years in prison and a $250,000 fine.
U.S. Attorney Hurst commended the work of the Special Agents with the FBI’s Jackson Division and the Mississippi Attorney General’s Office who investigated the case. The case is being prosecuted by Assistant United States Attorney Theodore Cooperstein.
Former Investment Manager Charged in Scheme to Defraud Life Insurance CompanyRead the Press Release
WASHINGTON – A former investment manager was charged in an indictment unsealed today for his alleged participation in a scheme to defraud a North Carolina-based life insurance company out of over $34 million.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Matthew G.T. Martin of the Middle District of North Carolina, and Inspector in Charge Delany De Leon-Colon of the U.S. Postal Inspection Service (USPIS) Criminal Investigations Group made the announcement.
Bradley Reifler, 61, of Milbrook, New York, was charged with four counts of wire fraud and one count of perjury in the U.S. District Court for the Middle District of North Carolina. The defendant was arrested this morning and will appear today before U.S. Magistrate Judge Katherine H. Parker in the Southern District of New York.
The indictment alleges that the defendant, CEO and founder of Forefront Capital Holdings, engaged in a scheme to enrich himself and his business entities by defrauding a life insurance company out of assets held in trust for the potential payment of life insurance claims.
As alleged in the indictment, the defendant served as an investment advisor for over $34 million in assets belonging to the life insurance company. Rather than investing the $34 million in permissible investments, the defendant invested funds in high-risk, “junk”, or self-dealing investments and otherwise diverted funds for his personal and business use. The indictment further alleges that after a 2016 audit of the trust assets raised concerns about investments made by the defendant, the defendant concealed the fraud by falsifying and causing others to falsify supporting documentation, including valuations, promissory notes, and agreements, purporting to underly investments made with the trust assets.
The indictment also alleges that the defendant submitted a false declaration in connection with a civil suit brought by the life insurance company, falsely swearing, under penalty of perjury, that all investments had been approved and that all of the funds had been invested in debt instruments. As a result of the defendant’s scheme, the life insurance company was only able to recoup a portion of the approximately $34 million that it entrusted to the defendant, was unable to pay out on claims by its beneficiaries, and was placed in rehabilitation.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by USPIS. Trial Attorneys Michelle Pascucci, Drew Bradylyons, and Jessee Alexander-Hoeppner of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Meredith Ruggles of the Middle District of North Carolina are prosecuting the case.
The Criminal Division’s Fraud Section plays a pivotal role in the Department of Justice’s fight against white collar crime around the country.
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Former Investment Manager Charged in Scheme to Defraud Life Insurance CompanyRead the Press Release
A former investment manager was charged in an indictment unsealed today for his alleged participation in a scheme to defraud a North Carolina-based life insurance company out of over $34 million.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Matthew G.T. Martin of the Middle District of North Carolina, and Inspector in Charge Delany De Leon-Colon of the U.S. Postal Inspection Service (USPIS) Criminal Investigations Group made the announcement.
Bradley Reifler, 61, of Milbrook, New York, was charged with four counts of wire fraud and one count of perjury in the U.S. District Court for the Middle District of North Carolina. The defendant was arrested this morning and will appear today before U.S. Magistrate Judge Katherine H. Parker in the Southern District of New York.
The indictment alleges that the defendant, CEO and founder of Forefront Capital Holdings, engaged in a scheme to enrich himself and his business entities by defrauding a life insurance company out of assets held in trust for the potential payment of life insurance claims.
As alleged in the indictment, the defendant served as an investment advisor for over $34 million in assets belonging to the life insurance company. Rather than investing the $34 million in permissible investments, the defendant invested funds in high-risk, “junk”, or self-dealing investments and otherwise diverted funds for his personal and business use. The indictment further alleges that after a 2016 audit of the trust assets raised concerns about investments made by the defendant, the defendant concealed the fraud by falsifying and causing others to falsify supporting documentation, including valuations, promissory notes, and agreements, purporting to underly investments made with the trust assets.
The indictment also alleges that the defendant submitted a false declaration in connection with a civil suit brought by the life insurance company, falsely swearing, under penalty of perjury, that all investments had been approved and that all of the funds had been invested in debt instruments. As a result of the defendant’s scheme, the life insurance company was only able to recoup a portion of the approximately $34 million that it entrusted to the defendant, was unable to pay out on claims by its beneficiaries, and was placed in rehabilitation.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by USPIS. Trial Attorneys Michelle Pascucci, Drew Bradylyons, and Jessee Alexander-Hoeppner of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Meredith Ruggles of the Middle District of North Carolina are prosecuting the case.
The Criminal Division’s Fraud Section plays a pivotal role in the Department of Justice’s fight against white collar crime around the country.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Former Hilo Correctional Officer Pleads Guilty for Assaulting an Inmate and Conspiring with Other Officers to Cover it UpRead the Press Release
A former correctional officer at the Hawaii Community Correctional Center pleaded guilty to three felony offenses yesterday for assaulting an inmate; for failing to protect the inmate from being assaulted by three other correctional officers; and for conspiring with those officers to cover it up.
Jordan DeMattos, 29, admitted during his plea hearing that he and fellow correctional officers pinned an inmate face-down on the ground, and then punched, kneed, and kicked the inmate in the face, head, and body dozens of times. DeMattos acknowledged that during much of the assault, the inmate was not resisting and the officers had no legitimate reason to use force against him. As a direct result of the assault, the inmate suffered a broken jaw, nose, and eye socket. DeMattos explained that he and the other officers conspired afterward to cover up the assault by engaging in a variety of obstructive acts, including devising a false cover story to explain and justify their use of excessive force, documenting that false cover story in official reports, and repeating that false cover story during the ensuing investigation and disciplinary proceedings arising out of the incident.
“This correctional officer’s actions go against every duty he swore to carry out when he took his badge,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Civil rights violations are particularly egregious when they are carried out by someone whose duty is to protect. The Justice Department works hard to ensure that these perpetrators see justice for their crimes.”
“Together, a uniform, title, and authority to secure a state facility are not a license to victimize,” said U.S. Attorney Kenji Price for the District of Hawaii. “My office is committed to vindicating the rights of all citizens by enforcing the law — which includes holding those charged with safeguarding correctional facilities accountable for assaulting the inmates housed within them.”
“Correctional officers are given great power to enforce rules, keep order, and protect the inmates within their facilities. When Jordan DeMattos exploited these powers and violated the civil rights of an inmate he was charged to protect, he undermined the respect and reputation of all the officers who perform their duties lawfully and with dignity,” said Special Agent in Charge Eli S. Miranda. “The FBI takes allegation of civil rights violations seriously and will always bring to justice those who abuse their power and violate the constitution.”
DeMattos faces a maximum statutory penalty of up to 10 years of imprisonment for the assault offense, 20 years of imprisonment for the false report offense, and five years of imprisonment for the conspiracy offense.
The other three officers allegedly involved — Jason Tagaloa, Jonathan Taum, and Craig Pinkney — have pleaded not guilty and are scheduled to begin trial on March 15, 2021.
The FBI conducted the investigation. Assistant U.S. Attorney Craig Nolan of the District of Hawaii is prosecuting the case in partnership with Special Litigation Counsel Christopher J. Perras and Trial Attorney Thomas Johnson of the Civil Rights Division.
Former Fresno IRS Employee Sentenced to 6 Years in Prison for Wire Fraud, Aggravated Identity Theft, and Tax FraudRead the Press Release
FRESNO, Calif. — A former employee of the IRS working in Fresno was sentenced today to six years in prison for a scheme to receive tax refunds by filing false tax returns using the stolen identities of at-risk youths, U.S. Attorney McGregor W. Scott announced.
On Dec. 12, 2019, a federal jury found Marcela Heredia, 47, of Riverside, guilty of seven counts of wire fraud, four counts of aggravated identity theft, and one count of making a false tax return.
According to court documents and evidence introduced at trial, until 2014, Heredia worked at the Fresno Economic Opportunities Commission’s Transitional Living Center. Heredia also worked at the IRS as a Tax Examiner between 2008 and 2014. While working at the Transitional Living Center, Heredia stole residents’ personally identifiable information (PII) and filed numerous tax returns that included false wage and withholding information, false educational expenses, false dependent claims, and others false claims. Heredia directed the refunds for those returns to her personal bank account, spending the money on various personal expenses. Heredia failed to report any of the refund money she directed into her account on her 2011 tax return.
Many of the residents at the Transitional Living Center whose personal identifying information Heredia stole in order to file false tax returns were young, at-risk adults. Many were former foster children who had aged out of foster care, many were homeless and had nowhere else to go.
“Heredia spent three years taking advantage of vulnerable kids, stealing their personal information to get their tax refunds to spend on entertainment tickets, groceries, rental cars, restaurants, retail shopping, liquor stores, and other day-to-day expenses,” said U.S. Attorney Scott. “Today’s sentence reflects the serious nature of her conduct and serves as a warning to others. The U.S. Attorney’s Office will continue to work with the U.S. Department of the Treasury Inspector General for Tax Administration and IRS Criminal Investigation to investigate and bring to justice those who would carry out a tax fraud scheme.”
“The Treasury Inspector General for Tax Administration will aggressively pursue Internal Revenue Service employees who endeavor to corrupt our Nation’s tax system,” said J. Russell George, Treasury Inspector General for Tax Administration. “Identity theft is a nationwide problem that disrupts the lives of its victims. When an IRS employee uses their internal knowledge of the IRS to commit tax fraud, it jeopardizes taxpayer trust in our Nation’s tax system.”
“The IRS along with TIGTA uses all its investigative tools to uncover fraud when committed by the public or in this case an IRS employee,” said Kareem Carter, Special Agent in Charge of the Oakland Field Office, IRS-CI. “Heredia’s fraud scheme harmed the United States Government and members of the local community. Today’s sentencing should send a positive message to the American taxpayers that IRS employees are held to a high standard when working in a public position in order to safeguard and instill trust in the U.S. tax system.”
This case was the product of an investigation by the U.S. Department of the Treasury Inspector General for Tax Administration and IRS Criminal Investigation. Assistant U.S. Attorneys Laura D. Withers and Vincente A. Tennerelli prosecuted the case.
Former DeSales University Priest Indicted on Child Pornography OffensesRead the Press Release
A former DeSales University priest was charged by indictment with three counts of child pornography offenses.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney William M. McSwain of the Eastern District of Pennsylvania, and Special Agent in Charge Brian A. Michael of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Philadelphia made the announcement.
William McCandless, 56, of Wilmington, Delaware, was charged with possessing child pornography for importation into the Unites States, transporting child pornography in interstate and foreign commerce, and attempting to access with intent to view child pornography.
During his initial appearance before U.S. Magistrate Judge Henry S. Perkin, the defendant was arraigned on the pending charges and ordered to be placed on home confinement, to submit to electronic monitoring and to surrender his passport because he frequently traveled overseas and has numerous contacts abroad.
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 U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The case was investigated by HSI and is being prosecuted by CEOS Trial Attorney Ralph Paradiso and Assistant U.S. Attorney Sherri A. Stephan.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Former DeSales University Catholic Priest Indicted on Child Pornography OffensesRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced today that William McCandless, 56, of Wilmington, Delaware, a former DeSales University priest, was charged by Indictment with three counts of child pornography offenses.
Specifically, McCandless was charged with possessing child pornography for importation into the United States, transporting child pornography in interstate and foreign commerce, and attempting to access with intent to view child pornography.
During his initial appearance today in front of United States Magistrate Court Judge Henry S. Perkin, the defendant was arraigned on the pending charges. He was also ordered to be placed on home incarceration with electronic monitoring and to surrender his passport because he has frequently traveled overseas and has numerous contacts abroad. In fact, from 2010 until January 2017, as a member of the Catholic order of Oblates of St. Francis DeSales, McCandless was assigned to St. Charles Parish in the European Principality of Monaco.
While he was working overseas in Monaco, McCandless allegedly amassed a collection of thousands of images of child pornography, including what can be described as the torture of very young children, which he brought back with him to the United States when he returned in January 2017. Further, once back in the United States, the defendant allegedly attempted to access similar images, and also conducted Internet searches for things like how to get “off the grid,” how to “disappear” and how to erase items from “the cloud.”
“McCandless’ alleged conduct here is extremely disturbing. It occurred not just overseas but continued while he crossed international borders, purporting to do the work of the Church,” said U.S. Attorney McSwain. “The innocent children in these images will have to deal with the impact of this alleged abuse for the rest of their lives. We can never make them fully whole again, but we can bring them some measure of justice by investigating and prosecuting the people who drive the demand for this abuse, no matter their affiliations.”
“For a priest and university faculty member to violate his position of trust by allegedly engaging in the depraved activity for which he has been indicted is reprehensible,” said Brian A. Michael, Special Agent in Charge for HSI Philadelphia. “Homeland Security Investigations and our law enforcement partners around the world will continue to coordinate closely to ensure our communities are protected from child predators who seek to exploit vulnerable victims.”
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 U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
If convicted, the defendant faces a maximum possible sentence of 60 years in prison.
The case was investigated by Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Sherri A. Stephan and Trial Attorney Ralph Paradiso of the Child Exploitation and Obscenity Section of the Department of Justice.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former CEO and Founder of Technology Company Pleads Guilty to Investment Fraud SchemeRead the Press Release
The former chief executive officer (CEO) and co-founder of Trustify, Inc. (Trustify), a privately-held technology company founded in 2015 and based in Arlington, Virginia, pleaded guilty today to his involvement in a fraud scheme resulting in millions of dollars of losses to investors.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia, and Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office made the announcement.
Daniel Boice, 41, of Alexandria, Virginia, pleaded guilty to one count of securities fraud and one count of wire fraud before Senior United States District Judge T.S. Ellis III of the Eastern District of Virginia. Sentencing is scheduled for March 19, 2021.
According to admissions made in connection with the plea agreement, beginning in 2015, Boice fraudulently solicited investments in Trustify, a privately held technology start-up company that connected customers with private investigators. Boice raised approximately $18.5 million from over 90 investors by, among other things, falsely overstating Trustify’s financial performance. Despite representing to investors that their funds would go towards operating and growing Trustify’s business, Boice diverted at least $3.7 million for his own benefit and to fund his lifestyle. This included the purchase of a home in Alexandria, Virginia, travel by private jet, and furnishing a seaside vacation home.
The FBI’s Washington Field Office is investigating the case. Trial Attorney Blake Goebel of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Russell Carlberg of the Eastern District of Virginia are prosecuting the case.
Individuals who believe they may be a victim in this case should contact the Victim Witness Services Unit of the U.S. Attorney’s Office for the Eastern District of Virginia at 703-299-3700 for more information.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Former Boy Scout Troop Leader Sentenced to 6 1/2 Years in Federal Prison for Child Pornography CrimesRead the Press Release
URBANA, Ill. – Senior U.S. District Judge Michael M. Mihm today sentenced former Boy Scout troop leader Milton Forsberg, 80, to serve 78 months (6 years, 6 months) in federal prison for receipt and possession of child pornography. In addition, Forsberg, of the 800 block of West Charles Street, Champaign, Ill., was ordered to pay special assessments in the amount of $10,200 for court costs as well as his contributions to a fund supporting victims of child exploitation. Forsberg has remained in the custody of the U.S. Marshals Service since his arrest in October 2019.
On Aug. 14, 2020, Forsberg pleaded guilty to using a computer to receive sexually explicit images of minors and to possess child pornography. According to court records, Forsberg was a Boy Scout troop leader for 40 years. At sentencing, Forsberg did not object that the court consider allegations by three victims that Forsberg sexually molested them while they were Boy Scouts in his care.
At today’s hearing, Judge Mihm expressed his concern that Forsberg had used the Boy Scouts to access and groom young men to cause permanent harm and that he finds it hard to believe that there were only several victims. Judge Mihm further noted that because of Forsberg’s advanced age, the sentence is sufficient but not greater than necessary.
One of the victims addressed the court today and encouraged the community to “lift the taboo or veil of secrecy and shame” that prevents victims from coming forward sooner. The victim explained that he felt scared to disclose the abuse “for decades,” and encouraged schools to offer more comprehensive education programs for children.
Assistant U.S. Attorney Elly M. Peirson prosecuted the case which was investigated by the Champaign Police Department and the Illinois Attorney General’s Office Internet Crimes Against Children Task Force.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
El Departamento de Justicia entabla pleito contra Facebook por discriminar a trabajadores en este paísRead the Press Release
WASHINGTON – El Departamento de Justicia anunció hoy que ha entablado pleito contra Facebook, Inc. por discriminar a trabajadores en este país.
El pleito alega que Facebook se negó a reclutar, considerar o contratar a trabajadores cualificados y disponibles en este país para más de 2.600 puestos que en cambio, Facebook reservó para personas con visas temporales que había patrocinado para una autorización permanente para trabajar (o «tarjetas verdes»), en conexión con el proceso de certificación de trabajo permanente («PERM», por sus siglas en inglés). Los puestos que eran el sujeto de la alegada discriminación por parte de Facebook a trabajadores en este país ofrecían un salario medio de aproximadamente 156.000 $. Según el pleito y con base en la investigación del Departamento que duró casi dos años, Facebook creó intencionalmente un sistema de contratación que denegaba la oportunidad justa de trabajadores en este país de informarse sobre y solicitar puestos que Facebook, en cambio, intentaba reservar para personas con visas temporales que cuyas tarjetas verdes quería patrocinar.
«El pleito del Departamento de Justicia alega que Facebook vulneró la ley de manera intencionada y extendida al reservar puestos para trabajadores con visas temporales en vez de considerar a trabajadores cualificados e interesados en este país», declaró Eric S. Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «El pleito es el resultado de una investigación de casi dos años de las prácticas de Facebook y una determinación de “motivos fundados” por parte de la División de Derechos Civiles del Departamento de Justicia. Que quede claro nuestro mensaje para los trabajdores: si una compañía le niega una oportunidad de empleo al dar preferencia, de modo ilegal, a trabajadores con visas temporales, el Departamento de Justicia la hará rendir cuentas de sus acciones. Y que quede claro también nuestro mensaje para todos los empleadores, incluyendo a aquellos del sector tecnológico: no pueden dar una preferencia ilegal a trabajadores con visas temporales en vez de a trabajadores en este país a la hora de reclutar, considerar o contratarlos».
El pleito del Departamento alega que comenzando, a más tardar, el 1 de enero del 2018, y hasta al menos el 18 de septiembre del 2019, Facebook empleó tácticas que discriminaron a trabajadores en este país y dio preferencia, de manera rutinaria, a personas con visas temporales (incluyendo a personas con visas H-1B) para empleos asociados con el proceso PERM. En vez de realizar una búsqueda verdadera de trabajadores cualificados y disponibles en este país para puestos permanentes solicitados por estas personas con visas temporales, Facebook reservó los puestos para los trabajadores con visas temporales por motivos de su estatus migratorio, según indica la demanda. Más aún, la demanda alega que Facebook quería reservar puestos para personas con visas temporales, a costa de los trabajadores en este país, al abstenerse de publicar aquellas vacantes en su sitio web de profesiones, al requerir que los postulantes entregaran su solicitud por correo ordinario exclusivamente y al negarse a considerar a cualquier trabajador en este país que solicitó uno de esos puestos. En cambio, el proceso de contratación habitual de Facebook utiliza métodos de reclutamiento que alientan la entrega de solicitudes mediante la publicación de puestos en su sitio web de profesiones, aceptan solicitudes virtuales y no preseleccionan a candidatos para la contratación con base en el estatus migratorio del candidato, según afirma el pleito.
Durante el transcurso de su investigación, el Departmento determinó que los métodos de reclutamiento ineficaces de Facebook disuadieron a trabajadores en este país de solicitar alguno de sus puestos PERM. El Departamento concluyó que, a lo largo del período en cuestión, Facebook recibió cero o un solicitante que era trabajador en este país para el 99,7 % de sus puestos PERM, mientras que puestos comparables en Facebook que fueron publicados en su sitio web de profesiones durante un período de tiempo similar típicamente atraían a 100 solicitantes o más. Estos trabajadores en este país fueron denegados la oportunidad de ser considerados para los puestos que Facebook quería reservar para personas con visas temporales, según consta en el pleito.
No solo que las prácticas alegadas de Facebook discriminan a trabajadores en este país, sino que han tenido consencuencias adversas para personas con visas temporales al crear una relación de empleo que no queda sujeta a las mismas condiciones. Un empleador que incurre en las prácticas alegadas en el pleito contra Facebook puede esperar que más personas con visas temporales soliciten puestos y una mayor tasa de retención pos-contratación. Tales personas con visas temporales suelen tener una movilidad laboral limitada y es, por lo tanto, más probable que se queden con su compañía hasta poder ajustar su estatus, y para muchos eso puede tardar décadas.
La demanda de los Estados Unidos pide sanciones civiles, pagos retroactivos por parte de trabajadores en este país a los que fueron denegado un empleo en Facebook debido a la alegada discriminacion a favor de trabajadores con visas temporales y otros tipos de compensación con el fin de agarantizar que Facebook ponga fin en el futuro a las alegadas vulneraciones. Según el pleito, y con base en la investigación de casi dos años del Departamento, Facebook discriminó a trabajadores en este país de manera intencionada, extensa y en contra de una disposición de la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés), Sección 1324b(a)(1) del Título 8 del Código de los EE. UU., la cual la División de Derechos Civiles del Departamento de Justicia hace cumplir.
El proceso PERM es administrado por el Departamento de Trabajo de los EE. UU. y permite a los empleadores ofrecer puestos permanentes a personas con visas temporales al convertirlos en residentes permanentes legales que pueden vivir y trabajar en los Estados Unidos de manera permanente. No obstante, el proceso PERM requiere primero que un empleador demuestre que no hay trabajadores cualificados y disponibles en este país para el puesto que el empleador tiene previsto ofrecer a trabajadores con visa temporal. Los ciudadanos estadounidenses, nacionales de los EE. UU., refugiados, asilados y residentes permanentes legales están protegidos bajo la INA de disriminación por motivos de su ciudadañía en los procesos de contratación, despido y reclutamiento o recomendación por comisión. Aquellos trabajadores que queden fuera de estas categorías no se benefician de la protección de la INA de la discriminación por motivos de estatus de ciudadanía.
Este pleito se entabló como parte de la Iniciativa para la Protección de Trabajadores en Este País de la División de Derechos Civiles, que fue lanzada en el 2017. Su meta es enfocarse en, investigar a y tomar medidas de aplicación de la ley contra compañías que discriminen a trabajadores en este país a favor de trabajadores extranjeros con visas temporales. La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles ha llegado a numerosos acuerdos bajo la Iniciativa y empleadores han distribuido o acordado distribuir un total combinado de más de 1,2 millónes de dólares por concepto de pagos retroactivos a trabajadores afectados en este país y sanciones civiles a los Estados Unidos. Estos acuerdos implican empleadores que fueron discriminatorios en su uso de visas de H-1B, H-2A, H-2B y F-1.
La IER es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas; y represalias o la intimidación.
Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
Miembros del público también pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.
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Dodge City Man Sentenced for Methamphetamine TraffickingRead the Press Release
WICHITA, KAN. – A Dodge City man was sentenced today to 10 years in federal prison for methamphetamine trafficking, U.S. Attorney Stephen McAllister said.
Danny Del Real, 31, Dodge City, Kan., pleaded guilty to one count of distributing methamphetamine.
In October 2018, a confidential informant working with the Dodge City Police Department paid Del Real $5,000 to purchase approximately a pound of methamphetamine. When tested, the package contained the equivalent of about eight-tenths of a pound of pure methamphetamine.
McAllister commended the Dodge City Police Department, the Drug Enforcement Administration, the Kansas Bureau of Investigation and Assistant U.S. Attorney Alan Metzger for their work on the case.
Doctor Selling COVID-19 “Cure” Charged with Lying to U.S. Customs, Stealing Employee’s IdentityRead the Press Release
Assistant U. S. Attorneys Nicholas Pilchak (619) 546-9709 and Jaclyn Stahl (619) 546-8456
NEWS RELEASE SUMMARY – December 3, 2020
SAN DIEGO – Dr. Jennings Ryan Staley, previously charged with one count of mail fraud, was indicted by a federal grand jury yesterday for additional crimes arising from his business venture selling COVID-19 “treatment kits,” which he advertised to one potential customer as a “miracle cure.” Staley is a licensed physician and the former operator of Skinny Beach Med Spas in and around San Diego.
According to the new charges, which became publicly available today, Staley agreed with a Chinese supplier to smuggle hydroxychloroquine powder into the U.S., lying to U.S. Customs by mislabeling a shipment as “yam extract.” Staley is also charged with stealing the name and identifying information of one of his employees in order to create and submit a bogus prescription for hydroxychloroquine on the employee’s behalf, in order to sell the drugs at a markup to his customers.
In late March and early April 2020, Staley marketed and sold his treatment kits to Skinny Beach customers. He described his product as a “concierge medicine experience,” which included hydroxychloroquine—an anti-malarial drug that Staley described to one potential customer as a “guaranteed” cure for COVID-19. Staley’s kits were priced as high as $3,995 for a family of four, while Staley himself paid roughly $1 per tablet of hydroxychloroquine. Staley’s marketing materials, per the indictment, stressed that recipients should “NOT BELIEVE THE REPORTS THAT HYDROXYCHLOROQUINE DOESN’T WORK!”
During a phone call with a prospective customer, in reality an undercover FBI agent, Staley repeatedly promised that the drugs he was selling would cure COVID-19. According to the charging document, Staley said hydroxychloroquine “cures the disease,” and that it was “incredible,” a “magic bullet,” and an “amazing weapon.” When the undercover agent asked if hydroxychloroquine and mefloquine—another anti-malarial that Staley described as “the Russian cure”—would effectively cure someone infected with COVID-19, Staley replied, “One hundred percent. One hundred percent.”
One week later, when interviewed by FBI agents, the indictment alleges that Staley falsely denied ever saying that the Skinny Beach treatment packages were a “one hundred percent effective cure.”
“People must be able to trust their doctors to offer honest medical advice instead of a fraudulent sales pitch, especially during a global pandemic,” said U.S. Attorney Robert Brewer. “Medical professionals who lie about their treatments to profit from a desperate, fearful public will face criminal charges and serious consequences like any other lawbreaker.” Brewer praised prosecutors Nicholas Pilchak and Jaclyn Stahl as well as agents from the FBI and U.S. Food and Drug Administration, Office of Criminal Investigations, for their excellent work on this case.
“The FBI has been vigilant in investigating anyone trying to capitalize on the COVID-19 crisis,” said FBI Special Agent in Charge Suzanne Turner. “It's clear that trust in our medical professionals is always important, but particularly so in current times. These additional charges emphasize the FBI's dedication to fully uncovering the extent of Dr. Staley's alleged fraudulent actions and our unwavering commitment to pursuing those who put personal greed before humanity.”
The charging document outlines multiple ways that Staley obtained the hydroxychloroquine pills he resold as part of his treatment kits, including soliciting them from his acquaintances and employees with preexisting hydroxychloroquine prescriptions, and writing prescriptions for immediate family members and acquaintances to get the drugs “by any means necessary.” He even had plans to make his own tablets of hydroxychloroquine, using the mislabeled powder he planned to smuggle in from Chinese suppliers he found online.
Staley wrote one sham prescription, according to the superseding indictment, for a Skinny Beach employee. Staley had also asked the employee for a few tablets from her own hydroxychloroquine prescription, supposedly for another Skinny Beach staff member who was sick. Instead of borrowing a few of the employee’s tablets to help a suffering colleague as he had promised, however, Staley turned around and wrote a bogus prescription using her name, date of birth, and prior home address. Staley then took the sham prescription to multiple pharmacies to try to obtain hydroxychloroquine in the employee’s name, including by pretending to be her during the online ordering process.
Staley also lied to agents about the employee whose identifying information he had stolen, falsely claiming that she had allowed him to use her pre-existing medical condition to get hydroxychloroquine tablets that he would re-sell at a significant profit.
“The FDA continues its steadfast efforts to identify, investigate, and bring to justice those who attempt to profit from the pandemic by offering American consumers so-called ‘miracle cures’ to treat COVID-19,” said Special Agent in Charge Lisa L. Malinowski, FDA Office of Criminal Investigations Los Angeles Field Office. “We will continue to work with our law enforcement partners to bring to justice those who place profits above the public health.”
The superseding indictment also charges Staley with an importation crime, based on his agreement with a Chinese supplier to lie to U.S. Customs about a shipment that Staley believed contained 12 kilograms of hydroxychloroquine powder. As alleged, when the supplier volunteered to “change the product name to export” in order to get the product through U.S. Customs by “replac[ing] hydroxychloroquine export with yam extract,” Staley replied “Excellent,” and then suggested the same mislabeling technique himself to another potential supplier.
Staley later bragged to the undercover agent just days later that he “got the last tank of . . . hydroxychloroquine smuggled out of China Sunday night at 1:00 a.m. in the morning” by “saying it was sweet potato extract.” In truth, but unbeknownst to Staley, the shipment contained only baking soda.
As set out in the indictment, Staley also sought to raise money for his lucrative COVID-19 venture by soliciting investments. He told one potential investor that, if she contributed a minimum of $25,000, he would promise to repay “triple [her] money in 90 days.”
Staley’s next court date is December 17, 2020 at 11 a.m. before U.S. District Judge Gonzalo P. Curiel.
If you think you are a victim of COVID-19 fraud, immediately report it to the FBI (visit ic3.gov, tips.fbi.gov, or call 1-800-CALL-FBI or the San Diego FBI at 858-320-1800; the public is also urged to report suspected fraud schemes related to COVID-19 by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at [email protected].
DEFENDANT Case Number 20cr1227-GPC
Jennings Ryan Staley, M.D. Age: 44 Residence: San Diego, CA
SUMMARY OF CHARGES
Mail Fraud, in violation of Title 18, United States Code, Section 1341
Maximum Penalty: Twenty years in prison; fine; special assessment
Importation Contrary to Law, in violation of Title 18, United States Code, Section 545
Maximum Penalty: Twenty years in prison; fine; special assessment
False Statement, in violation of Title 18, United States Code, Section 1001
Maximum Penalty: Five years in prison; fine; special assessment
Aggravated Identity Theft, in violation of Title 18, United States Code, Section 1028A
Mandatory minimum two years in prison; fine; special assessment
AGENCIES
Federal Bureau of Investigation
U.S. Food and Drug Administration, Office of Criminal Investigations
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Convicted Fraudster Charged in New Embezzlement SchemeRead the Press Release
BOSTON – A Canton woman who was previously convicted of embezzling more than $1.3 million from her former employer now faces new fraud charges.
Nicole Lescarbeau (a/k/a Nicole Coulibaly), 53, was arrested today and charged by criminal complaint with one count of bank fraud in connection with a new embezzlement scheme from a different employer. Lescarbeau will appear before U.S. Magistrate Judge David H. Hennessy this afternoon.
In December 2019, Lescarbeau pleaded guilty to wire fraud, bank fraud and aggravated identity theft and is scheduled to be sentenced on those charges on Dec. 9, 2020 before U.S. District Judge Richard G. Stearns.
As alleged in today’s charging document, while on pre-trial release for a prior case, Lescarbeau was hired as an administrator at a small, Brookline-based non-profit organization. Lescarbeau did not tell the non-profit about her pending indictment and applied for the position using her married name, Nicole Coulibaly, in an effort to conceal the federal charges. As administrator, Lescarbeau’s duties included assisting with certain financial transactions, including preparing checks as directed by the non-profit’s president.
From August 2019 until February 2020, Lescarbeau allegedly used her position to steal funds from the non-profit for her personal use. Specifically, Lescarbeau diverted checks to herself that the non-profit had issued for legitimate business by fraudulently altering the name of the payee on the checks and then depositing them into her personal bank account. It is also alleged that Lescarbeau opened an unapproved PayPal account in the non-profit’s name and made unauthorized transfers directly from the non-profit’s bank account to pay for her personal rent. In total, as a result of this scheme, Lescarbeau embezzled approximately $56,963 from the non-profit’s bank account.
The charge of bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release, a fine of $1 million, restitution and forfeiture. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant United States Attorney Justin D. O’Connell of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Convicted Felon Sentenced to More Than Five Years in Federal Prison for Illegally Possessing Loaded Gun on Chicago StreetRead the Press Release
CHICAGO — A convicted felon has been sentenced to more than five years in federal prison for illegally possessing a loaded handgun in the West Garfield Park neighborhood of Chicago.
LARRY CARADINE, 30, of Chicago, illegally possessed the firearm in the 4700 block of West Monroe Street on the afternoon of Oct. 26, 2018. Chicago Police officers observed Caradine drop the gun onto the ground. As an eight-time convicted felon, Caradine was not legally allowed to possess a firearm. Caradine was on parole at the time of the offense after recently serving a two-year sentence for a state narcotics conviction.
Caradine pleaded guilty to the federal charge last year. U.S. District Judge John Robert Blakey imposed a 63-month prison sentence Wednesday after a hearing in federal court in Chicago.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kristen deTineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and David Brown, Superintendent of the Chicago Police Department. The Cook County State’s Attorney’s Office provided valuable assistance.
“The possession of illegal weapons by convicted felons is contributing to the cycle of violence that continues on a daily basis in this city,” Assistant U.S. Attorney Christopher V. Parente argued in the government’s sentencing memorandum. “Despite repeated criminal convictions and repeated sentences of imprisonment, the defendant continues to escalate his criminal behavior and continues to break the law.”
Holding illegal firearm possessors accountable through federal prosecution is a centerpiece of Project Guardian and Project Safe Neighborhoods. In the Northern District of Illinois, U.S. Attorney Lausch and law enforcement partners have deployed the Guardian and PSN programs to attack a broad range of violent crime issues facing the district, particularly firearm offenses.
Convicted Felon Sentenced to Additional Eight Months in Prison for Escape from Halfway HouseRead the Press Release
CAMDEN, N.J. – A convicted felon was sentenced today to an additional eight months in prison for escaping from a halfway house, U.S. Attorney Craig Carpenito announced.
Gary Mitchell, 60, of Philadelphia, previously pleaded guilty before U.S. District Judge Noel L. Hillman to an information charging him with one count of escape. Judge Hillman imposed the sentence today by videoconference.
According to documents filed in this case and statements made in court:
On May 20, 2008, Mitchell was sentenced to 151 months in prison following his conviction for bank robbery in the District of New Jersey. On Feb. 5, 2018, Mitchell was transferred to the custody of Kintock Residential Re-entry Center, a halfway house in Bridgeton, New Jersey. On May 24, 2018, after failing to return after being issued a medical pass, Mitchell was charged with escape.
Mitchell was sentenced to today to serve an additional term of eight months in prison for the escape conviction, which will run consecutively to his original sentence for the bank robbery. As a result of his escape, he has lost an additional 425 days of good time credit, which he must now serve.
U.S. Attorney Carpenito credited special agents of the U.S. Marshals Service, under the direction of Marshal Juan Mattos, with the investigation leading to today’s sentencing.
The government is represented by U.S. Attorney Andrew Carey, Attorney in Charge of the Camden Office.
Columbus man sentenced to 200 months in prison for running Ohio-to-West Virginia drug operationRead the Press Release
COLUMBUS, Ohio – Solomon K. Gebretekle, 22, of Columbus, was sentenced in U.S. District Court today to 200 months in prison for distributing methamphetamine and heroin in and around Charleston, W.Va.
According to court documents, Gebretekle (also known as Diablo), regularly traveled from Ohio to West Virginia to sell narcotics to drug seekers there. After being arrested on a federal criminal complaint in January 2019, Gebretekle continued to direct the drug operation from jail.
In intercepted jail calls, Gebretekle gave specific instructions to a co-conspirator in order to further his drug business. In one jail call, Gebretekle threatens one of his narcotics customers regarding the explicit consequences he faced if the customer did not pay his drug debt to the defendant.
Gebretekle pleaded guilty in March 2020 to conspiring to possess with the intent to distribute more than 50 grams of methamphetamine and more than 100 grams of heroin. He also pleaded guilty to a substantive count of possessing the more than 50 grams of methamphetamine.
Congress sets the maximum statutory sentence. Sentencing of the defendant is 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; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); and Roland Herndon, Special Agent in Charge, U.S. Alcohol, Tobacco, Firearms and Explosives (ATF), announced the sentence imposed today by U.S. District Court Judge Michael H. Watson. Assistant United States Attorney Salvador A. Dominguez is representing the United States in this case, and the Charleston, W. Va. DEA field office assisted in the investigation.
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Chinese Researcher Pleads Guilty to Making False Statements to Federal AgentsRead the Press Release
BOSTON – A Chinese national pleaded guilty today in federal court in Boston to making false statements in connection with his theft of 21 vials of biological research.
Zaosong Zheng, 31, pleaded guilty to one count of making false, fictitious or fraudulent statements. U.S. District Court Judge Denise J. Casper scheduled sentencing for January 6, 2021. According to the terms of the plea agreement, Zheng has agreed to a judicial order of removal from the United States after his sentencing hearing. 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 21 vials of biological research, hid them 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.
The charge of making false, fictitious and fraudulent statements provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; 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 are prosecuting the case.
Chicago-Area Rappers Indicted in Nationwide Fraud ConspiracyRead the Press Release
BOSTON – Six Chicago-area men have been indicted by a federal grand jury in Springfield with participating in a nationwide wire fraud and identity theft scheme that victimized businesses across the United States.
Antonio Strong, 28; Herbert Wright, 25; Demario Sorrells, 34; Steven Hayes, 28; Joseph Williams, 28; and Terrance Bender, all from the Chicago area, were charged in an indictment unsealed yesterday on one count of conspiracy to commit wire fraud. Strong is also charged with nine counts of aggravated identity theft; Williams is also charged with three counts of aggravated identity theft; Wright, Hayes, and Bender are also each charged with two counts of aggravated identity theft; and Sorrells is also charged with one count of aggravated identity theft.
On Sept. 14, 2020, Strong was arrested in Chicago and detained by a federal judge; on Nov. 24, 2020, Williams self-surrendered in Chicago and was released on bond; on Nov. 19, 2020, Sorrells and Hayes were arrested in Chicago and released on bond; on Dec. 2, 2020, Bender self-surrendered in Atlanta and was released on bond; and Wright self-surrendered today in the Central District of California. The defendants will make initial appearances in federal court in Springfield on Dec. 7, 2020.
According to the indictment, Strong is a promoter of rap artists, Wright is a rap artist known as “G Herbo,” and Williams is a rap artist known as “Rockstar Rodie.” From approximately March 2016 until the present, the defendants allegedly conspired to defraud numerous businesses and individuals throughout the United States by using unauthorized and stolen payment card account information to obtain valuable goods and services. Specifically, they purchased private jet charters, private yacht charters, exotic car rentals, luxury hotel and vacation rental accommodations, private chef and security guard services, designer puppies, limousine and chauffer services, commercial airline flights, consumer goods, and meals, among other things.
It is alleged that the defendants and their co-conspirators generally provided authentic payment card information, such as the actual cardholders’ names, addresses, payment card account numbers, security codes and account expiration dates, to defraud businesses and individuals who successfully processed the transactions and provided the goods and services. The actual cardholders discovered these transactions on their accounts and disputed the charges, resulting in payment card companies reversing payments and charging back the transactions to the businesses and individuals, who consequently suffered financial losses.
The wire fraud conspiracy and substantive wire fraud charges provide for a sentence of up to 20 years in prison, up to five years of supervised release and a fine of $250,000. The aggravated identity theft charges provide for a mandatory two years in prison consecutive to any other sentence imposed. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Frederick Regan, Special Agent in Charge of the U.S. Secret Service, Boston Field Office made the announcement. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office is prosecuting the case with Trial Attorneys Michelle Pascucci and Andrew Tyler of the Justice Department’s Criminal Division’s Fraud Section.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Cambridge Man Pleads Guilty to Receipt and Possession of Child PornographyRead the Press Release
BOSTON – A Cambridge man pleaded guilty today in federal court in Boston to child pornography offenses.
Robert Wharton, 31, pleaded guilty to one count of receiving child pornography and one count of possessing child pornography. U.S. District Court Chief Judge Dennis Saylor IV scheduled sentencing for April 2, 2021. Wharton was arrested and charged on July 30, 2020.
Federal investigators developed evidence that a user of the Kik messaging application had electronically transmitted funds to another individual in exchange for access to internet links containing child pornography. The investigation revealed that those funds originated from Wharton and that Wharton resided in an apartment in Cambridge. During a search of Wharton’s apartment, Kik messages that Wharton had exchanged with the person to whom he had sent funds were discovered. In addition, various images and videos depicting naked children were found on Wharton’s phone, including a pornographic video that Wharton had received via the Telegram messaging application; this video depicts a young child performing oral sex on an adult.
The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, a mandatory minimum of five years and up to life of supervised release and a fine of $250,000. The charge of possession of child pornography provides for a sentence of up to 20 years in prison, a mandatory minimum of five years and up to life of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Field Division made the announcement today. The Cambridge Police Department provided valuable assistance along with the Arlington, Newton and Revere Police Departments and the Massachusetts Department of Correction. Assistant U.S. Attorney Bill Abely, Chief of Lelling’s Major Crimes Unit, is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Butte County Resident Pleads Guilty in $35M Ponzi SchemeRead the Press Release
SACRAMENTO, Calif. — Kenneth Winton, 67, of Oroville, pleaded guilty today to conspiracy to commit wire fraud in relation to a $35 million Ponzi scheme, U.S. Attorney McGregor W. Scott announced.
The indictment in the related case, United States v. Piercey, 2:20-cr-211 TLN, charges Matthew Piercey, 44, of Palo Cedro, with wire fraud, mail fraud, money laundering, and witness tampering.
According to court documents, between July 2015 and August 2020, Piercey carried out an investment fraud scheme that raised a total of approximately $35 million in investor funds. Piercey used investment companies Family Wealth Legacy and Zolla to solicit funds from investors using a variety of false and misleading statements, including about trading algorithms, the success of the companies’ investment strategies, and the liquidity of investments. For example, Piercey solicited investor money for an “Upvesting Fund” that allegedly was an algorithmic trading fund with a history of success, but he admitted privately to an associate that there was no Upvesting Fund.
Piercey first recruited Winton as an investor, then to assist with raising investor funds, and ultimately to take on management responsibilities at Zolla. From 2018 to 2020, Winton conspired with Piercey and made various false and misleading statements to investors, including about the success of Zolla’s investment strategies, the reasons for delays in payment to investors, and the current location, value, and nature of Zolla investments. The part of the scheme attributable to Winton caused investors to make investments or forego their right to withdraw investments totaling approximately $11.6 million.
Piercey and Winton used some investor money to make payments to other investors in a “Ponzi scheme.” In total, they paid back approximately $8.8 million to investors. They used other investor money for various business and personal expenses, including two residential properties and a houseboat. Few, if any, liquid assets remain to repay investors.
According to court documents, Piercey also tampered with multiple witnesses by discouraging them from responding to grand jury subpoenas related to the investigation.
Winton is out of custody pending his sentencing. Piercey is currently in custody. When law enforcement agents attempted to arrest Piercey, he fled from arrest by leading agents on a vehicle chase through residential neighborhoods and then onto the highway before abandoning his vehicle and entering Lake Shasta with an underwater submersible device.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Christopher S. Hales and Miriam R. Hinman are prosecuting the case.
Winton is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on Feb. 18, 2021. Winton faces a maximum statutory penalty of 20 years in prison and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. If convicted, Piercey faces a maximum statutory penalty of 20 years in prison and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater, for each wire fraud and mail fraud count; 20 years in prison and a fine of up to $250,000 for each witness tampering count; and 20 years in prison and a fine of up to $500,000 or twice the value of the property involved, whichever is greater, for each money laundering count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges against Piercey are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Bridgeport Man Pleads Guilty to Bankruptcy Fraud OffenseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that ANTHONY FAUSTINI, 57, of Bridgeport, waived his right to be indicted and pleaded guilty today to making a false statement under oath in a bankruptcy matter.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding before U.S. District Judge Janet C. Hall occurred via videoconference.
According to court documents and statements made in court, on March 12, 2018, Faustini filed a personal Chapter 7 bankruptcy petition in the U.S. Bankruptcy Court for the District of Connecticut. In the petition, Faustini noted that his unpaid debts were approximately $86,862. However, Faustini failed to disclose to the court that he knew that he was the beneficiary of a $100,000 life insurance policy held against the life of his mother. Nine days later, on March 21, 2018, Faustini’s mother passed away.
On April 18, 2018, Faustini testified under oath regarding his bankruptcy petition. In response to questioning from the Chapter 7 bankruptcy trustee, Faustini falsely indicated that he had listed all items of value in his petition, and he failed to mention his vested interest in the $100,000 life insurance policy. In response to a specific question as to whether “anybody died and left you any money,” Faustini responded “No.”
On June 20, 2018, the bankruptcy court entered an order granting Faustini a discharge of his debts. The next day, Faustini contacted the life insurance company to determine the status of the claim payment and to confirm that the company had his correct address. On June 26, 2018, the insurance company issued a check for $100,246 to Faustini.
The Office of the U.S. Trustee for the District of Connecticut subsequently received information about the life insurance payment made to Faustini and conducted a “Rule 2004” deposition examination of Faustini on June 5, 2019. During the examination, Faustini made several false statements, including that he had not known about the life insurance policy when he filed his bankruptcy petition, that did not find out about the policy until he received the check, and that he did not know how the insurance company knew to send the check to his address.
Judge Hall scheduled sentencing for February 25, 2021, at which time Faustini faces a maximum term of imprisonment of five years. Faustini also has agreed to pay restitution of $64,955, which accounts for funds collected from Faustini after the fraud was identified.
This matter is being investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.
Bowling Green man charged with stealing and selling firearmsRead the Press Release
U.S. Attorney Justin Herdman announced today that a federal grand jury sitting in Toledo has returned a two-count indictment charging Steven Leskow, 30, of Bowling Green with one count of possession of a firearm by someone who is an unlawful user of, or addicted to, a controlled substance and one count of possession of stolen firearms.
According to the indictment, from October through December of 2019, while enrolled as a student at Owens Community College in Findlay, the defendant is accused of stealing several firearms from a law enforcement class. It is alleged that the defendant stole these firearms and sold them to support a drug addiction.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.
In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Bureau of Alcohol Tobacco and Firearms. The case is being prosecuted by Assistant U.S. Attorney Matthew D. Simko.
Boston Man Sentenced for Firearms OffenseRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for conspiring to deal firearms illegally.
Charles A. Slayden Jr., 26, was sentenced by U.S. District Court Judge Denise J. Casper to 15 months in prison and three years of supervised release, during which time he will be subject to associational and geographic restrictions. In August 2020, Slayden pleaded guilty to one count of conspiracy to deal in firearms without a license. In June 2019, Slayden was charged along with co-defendant Levenson Merilus, 29, of Randolph, who previously pleaded guilty and is scheduled to be sentenced on Feb. 11, 2021.
Slayden and Merilus conspired to purchase firearms from a licensed dealer and re-sell them for profit to individuals in Boston. In furtherance of this conspiracy, Merilus purchased at least seven guns from a licensed dealer, falsely claiming to be purchasing them for himself.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today.
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. PSN is 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.
Berryville Man Pleads Guilty to Illegal Possession of a Firearm, Distribution of CocaineRead the Press Release
HARRISONBURG, Va. – A Berryville, Virginia man pleaded guilty today to a pair of federal firearm and narcotics charges. He fled police following a traffic stop in January 2020 and was found in possession of a loaded Smith & Wesson 9 mm semi-automatic pistol and a cache of narcotics secreted in a storage unit. Acting United States Attorney Daniel P. Bubar, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Division, and Jesse Fong, Special Agent in Charge of the Drug Enforcement Administration’s Washington Field Division made the announcement today.
Cironta Commander, 22, pleaded guilty today to one count of possession of a firearm by a convicted felon and one count of possession with the intent to distribute and distributing 28 grams or more of cocaine base.
According to court documents, on January 27, 2020 an officer with the Berryville Police Department initiated a traffic stop of Commander. As the officer returned to his cruiser to investigate a potential discrepancy in Commander’s paperwork, Commander sped from the scene at a high rate of speed. When the defendant approached an intersection, he failed to stop at a stop sign and drove into a grassy area between an apartment building and a tree, where there were people present in the common area. As the defendant reentered the roadway, he drove toward a dead end and crashed into a tree.
Commander attempted to flee the scene on foot while carrying a backpack but was detained. In a search of the backpack, officers found a loaded Smith & Wesson, 9mm, semi-automatic pistol containing five rounds of ammunition. In addition, officers found approximately 3.66 oz. of marijuana, $4,738 in cash, a bundle of clear plastic bags commonly used for narcotics distribution, and a small plastic bag of white powder with 2.19 grams of powder cocaine. At the time of his possession of the firearm, Commander was a previously convicted felon prohibited from legally possessing a firearm.
Local police and federal agents executed a search warrant at the defendant’s residence in Berryville, Va., on February 3, 2020. In the basement of the residence, officers found three rifles and $4,392. In the closet in the master bedroom, agents located a shoebox with an additional $11,000 in cash.
Additionally, during the search of a Cadillac Escalade parked in the driveway, agents recovered an access card for a storage unit in Stephens City, Virginia. Agents went to that location and learned the unit had only been leased following Commander’s arrest. After obtaining a search warrant of the location, agents recovered a variety of narcotics, including 191.64 grams of fentanyl, 32.96 grams of heroin, 349.47 grams of powder cocaine and 181.83 grams of cocaine base.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the Berryville Police Department and the Office of the Clark County Commonwealth’s Attorney. Assistant United States Attorney Christopher Kavanaugh is prosecuting the case for the United States.
Bergen County Man Admits Role in Fraud SchemeRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man today admitted his role in a scheme to defraud financial institutions of hundreds of thousands of dollars, U.S. Attorney Craig Carpenito announced.
Dennys A. Tapia, 54, of Ridgefield Park, New Jersey, pleaded guilty by videoconference before U.S. District Judge Stanley R. Chesler to an information charging him with one count of conspiracy to commit bank fraud.
According to documents filed in this case and statements made in court:
From 2015 to 2018, Tapia conspired with others to fraudulently obtain mortgage loans from financial institutions, including “Mortgage Lender A” and “Mortgage Lender B,” to finance the purchase of properties by unqualified buyers. Applicants for mortgage loans are required to list their assets and income on their mortgage loan applications, and mortgage lenders rely on those applications when deciding whether to issue mortgage loans.
Tapia admitted to participating in a conspiracy in which he knowingly provided fraudulent documents to a loan officer at Mortgage Lender A for potential borrowers, including fraudulent lease agreements, bank statements, and a gift check and gift letter. Based on this false information, Mortgage Lender A issued mortgage loans to unqualified buyers, which caused Mortgage Lender A hundreds of thousands of dollars in losses. Tapia also admitted to conspiring with a straw borrower, “Individual A,” to submit an application to Mortgage Lender B for a cash-out refinance mortgage loan that contained multiple misrepresentations of material facts and fraudulent documents, including pay stubs and a verification of employment. Based on the false information submitted by Individual A and Tapia, Mortgage Lender B issued a false and fraudulent cash-out refinance mortgage loan, which resulted in Tapia earnings tens of thousands of dollars in profits.
The conspiracy charge to which Tapia pleaded guilty carries a maximum of 30 years in prison and a $1 million fine. Sentencing is scheduled for April 20, 2021.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, and special agents of the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent in Charge Robert Manchak, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jonathan Fayer of the Economic Crimes Unit of the U.S. Attorney’s Office, and Special Assistant U.S. Attorney Charlie Divine of the Federal Housing Finance Agency, Office of Inspector General.
Bend Resident Sentenced to Seven Years in Federal Prison for Child PornographyRead the Press Release
EUGENE, Ore.—A Bend, Oregon resident was sentenced to federal prison today for possessing and distributing child pornography, chatting online about having sex with minors, and engaging in a campaign of online harassment and threats, announced U.S. Attorney Billy J. Williams.
Pierce Matthew Morrow, 25, was sentenced to 87 months in federal prison and ten years’ supervised release.
“The pursuit of individuals who post sexual images of children online is one of our highest priorities”, said U.S. Attorney Billy J. Williams. “There was significant emotional harm inflicted by this defendant on the people he pursued, harassed and impersonated and the children whose images he posted online.”
"This case is disturbing. Morrow's relentless, aggressive, and threatening behavior toward his victims - locally and in other parts of the country - shows the depths to which he would go to hurt others," said Renn Cannon, Special Agent in Charge of the FBI in Oregon. "If you are a victim of a sexual predator or sextortion scheme, please reach out to us. We want to help you and protect other potential victims."
According to court documents, during the period of July 2017 to January 2018, Morrow participated in the “Kid Porn Trade” Kik group, whose members posted images, videos and links containing child pornography. Morrow started Kik and Grindr chats by sharing an image of a 12-16 year old nude boy – who Morrow sometimes pretended to be in order to bait the other person. Using his knowledge of his peers from growing up in Bend, Morrow harassed multiple people online, sometimes managing to acquire nude images of them and making threats to obtain more.
Morrow openly assumed the identity of another person in making online threats, resulting in a victim believing that person, not Morrow, was harassing them. Morrow’s victims made reports and complaints to the police and to social media providers about the continuous threatening messages. Morrow skillfully inflicted harm on others, preying on young men’s fears and vulnerabilities, embarrassing them, threatening them, exposing and hurting them.
In a January 2018 chat between Morrow and a young adult male, Morrow sent unsolicited images of child pornography and encouraged the other man to consider sex with children. Morrow mixed child pornography with online stalking, solicitation and enticement of others with similar interests.
On July 1, 2020 Morrow was charged by criminal information with distributing child pornography, and on September 2, 2020 Morrow pleaded guilty to the charge.
The FBI investigated this case. It was prosecuted by Jeff Sweet, Assistant U.S. Attorney for the District of Oregon.
Bend Resident Sentenced for Conspiracy to Manufacture and Distribute MarijuanaRead the Press Release
EUGENE, Ore.—A Bend, Oregon resident was sentenced to 36 months’ imprisonment today for running an illicit Butane Honey Oil (BHO) extraction lab on rural Bend property, announced U.S. Attorney Billy J. Williams.
Sean Paul Wyrsch, 32 years old, was sentenced to 3 years in federal prison and 3 years’ supervised release. This sentencing follows the sentencing of his brother and co-defendant Jacob Genaro Robe, on October 27, 2020, who also received a sentence of three years imprisonment.
According to court documents, Wyrsch and his brother created a vertical operation growing marijuana, manufacturing BHO and distributing it in other states for significant profit. On March 27, 2018, an Oregon State Police trooper stopped Jacob Robe for a traffic violation near Klamath Falls, Oregon. The officer recognized signs of drug trafficking and eventually located more than $20,000 in cash, BHO, and hallucinogenic mushrooms.
The Central Oregon Drug Enforcement Team had previously received information regarding defendant and his brothers having a BHO lab and selling BHO in other states, and detectives served a search warrant on the brothers’ rural property in Bend, Oregon. Also found were freezers with marijuana, drying racks with sheets of BHO and jars with their logo “THE BHOys.”
In an unattached two-story structure approximately 179 large, mature, marijuana plants were located along with around 280 starter plants. Law enforcement located an indoor marijuana grow with hundreds of plants, a closed-loop BHO lab, 18 pounds of BHO, 200 pounds of marijuana and thirteen firearms..
On November 25, 2019 Wyrsch was charged by information, and on January 29, 2020 pleaded guilty to conspiracy to manufacture and distribute marijuana.
The Drug Enforcement Administration, Central Oregon Drug Enforcement Team and Oregon State Police investigated this case. It was prosecuted by Jeffrey S. Sweet, Assistant U.S. Attorney for the District of Oregon, and the Deschutes County District Attorney’s Office.
Augusta Man Pleads Guilty in Columbus Child Sexual Abuse CaseRead the Press Release
COLUMBUS, Ga. – An Augusta man is facing a maximum life imprisonment after pleading guilty to coercion and enticement of two Columbus minors today, said Charlie Peeler, the U.S. Attorney for the Middle District of Georgia.
Todd Matthew Jones, 27, of Augusta, Georgia pleaded guilty to two counts of coercion and enticement of a minor before U.S. District Judge Clay Land. Each count carries a mandatory minimum sentence of 10 years in prison up to a maximum of life imprisonment, a $250,000 fine and a term of supervised release of not less than five years up to lifetime supervision. Jones will be sentenced on February 24, 2021 at noon. There is no parole in the federal system.
According to the plea agreement, Jones, pretending to be a teenager, met a 13-year-old middle school male, “John Doe,” on the social media app Snapchat. Jones proceeded to send the victim sexually explicit photos of himself and encouraged John Doe to do the same, which he did. Following a series of additional Snapchat conversations, the defendant traveled to Columbus to meet John Doe. The victim told investigators he was hoping Jones would purchase a vaping kit for him, but instead sexually abused him. John Doe’s mother discovered the relationship and Jones was taken into custody on December 1, 2018. John Doe told investigators that the defendant told him he sold “boy porn” online. During the investigation, agents found a second victim, a 16-year-old female minor, “Jane Doe,” who also said she met the defendant on Snapchat and would sneak out of her home to meet the defendant. The female victim was encouraged to, and did, send sexually explicit photos of herself to the defendant.
“Jones is a manipulative child predator who has gravely harmed vulnerable youth. He will face the consequences for his crimes,” said U.S. Attorney Peeler. “I hope this case reinforces the importance for all parents to remain vigilant about the dangers on social media, and how quickly and easily young people can be tricked and enticed into an abusive, destructive relationship. I encourage all citizens to report suspicious online activity to the authorities. I want to thank the Columbus Police Department and the FBI for their work in this case.”
“The facts of this case are disturbing and demonstrate how a sexual predator can easily use social media apps to victimize innocent children,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI will always make it a top priority to hold child predators accountable for their heinous crimes and educate the community about the dangers of communicating with strangers on the internet.”
The case was investigated by the Columbus Police Department’s Special Victims Unit and the FBI. Assistant U.S. Attorney Crawford Seals prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Armed Bank Robber Is Sentenced to 14 Years in Prison on Gun ChargesRead the Press Release
CHARLOTTE, N.C. – Alvin James Pierce, 59, of Charlotte, was sentenced today to 168 months in prison on gun charges in connection with two armed bank robberies he committed earlier this year in the Charlotte area, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. U.S. District Judge Kenneth D. Bell also sentenced Pierce to five years of supervised release and ordered him to pay $4,500 as restitution.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Johnny Jennings of the Charlotte-Mecklenburg Police Department (CMPD) join U.S. Attorney Murray in making today’s announcement.
According to court documents and today’s sentencing hearing, on February 18, 2020, Pierce entered the Fifth Third Bank located at 1720 Oakdale Road in Charlotte. After he approached the counter, Pierce pulled out a small handgun and demanded $100 bills. The teller complied and Pierce fled the scene with $8,400. CMPD officers located Pierce’s getaway vehicle and he was apprehended shortly thereafter. Court records show that, over the course of the investigation, law enforcement determined that Pierce was also responsible for the January 7, 2020, armed bank robbery of a Fifth Third bank at 5605 77 Center Drive in Charlotte. During that incident, Pierce approached the counter, pointed a gun at the teller and a customer and demanded money, threatening to shoot the customer if the teller did not comply with his demands. The teller gave Pierce $4,500 in $100 bills.
On August 28, 2020, Pierce pleaded guilty to two counts of possession and brandishing of firearm in furtherance of a crime of violence. Pierce is in federal custody and upon designation of a federal facility he will be transferred into custody of the Federal Bureau of Prisons.
The investigation was handled by the FBI and CMPD. The prosecution for the government was handled by Assistant U.S. Attorney David Kelly of the U.S. Attorney’s Office in Charlotte.
Alleged Drug Kingpin from Nebraska Arrested After Having Assumed Another’s Identity for More Than 35 YearsRead the Press Release
Ocala, Florida – United States Attorney Maria Chapa Lopez announces the filing of a criminal complaint charging Howard D. Farley, Jr. (72, Weirsdale) with passport fraud. Farley was arrested on December 2, 2020. If convicted, he faces a maximum penalty of 10 years in federal prison.
According to the complaint, in or around February 2020, Farley submitted a passport application using the name, date of birth, and Social Security number of an individual who had died as an infant in 1955. When applying for this passport, Farley failed to disclose his true identity.
In 1985, Farley, along with 73 others, was indicted by a federal grand jury in the District of Nebraska and charged with a narcotics conspiracy. Farley was alleged to be the “drug kingpin” of the Southern Line, a railroad line that was used by the drug dealers to distribute narcotics throughout the United States. Records show that Farley was the only defendant not apprehended in the case, and that he instead assumed the identity of the deceased individual in 1985, and remained a fugitive for more than 35 years.
On December 2, 2020, Farley was arrested at his home on a federal warrant for this complaint under the name “John Doe.” A fingerprint comparison confirmed that he was Howard D. Farley, Jr., the same person wanted in Nebraska since 1985. At the time of his arrest, Farley was attempting to board his private aircraft in the hangar at his home, which he flew using a fraudulent pilot’s license in the name of deceased individual. During the execution of a search warrant, authorities recovered a firearm from inside Farley’s home. Farley was convicted in 1970 of burglary in Nebraska state court.
A criminal complaint is only an allegation and every defendant is presumed innocent until proven guilty.
This case is being investigated by the U.S. Department of State’s Diplomatic Security Service, the Department of Transportation - Office of Inspector General, the Social Security - Administration Office of the Inspector General, and with support from the Ocala Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of Homeland Security, the Florida Highway Patrol, and the Marion County Sheriff's Office. It is being prosecuted by Assistant United States Attorney Michael P. Felicetta.
Alerta De Fraude: Estafadores Que Se Hacen Pasar Por Representantes De Compañías De CelularesRead the Press Release
SAN JUAN, P.R. - El Servicio Secreto de los Estados Unidos (Servicio Secreto) ha recibido varias denuncias sobre individuos que se hacen pasar por representantes de servicio al cliente de compañías locales de celulares. Estos individuos están llamando al público como parte de un esquema de fraude para recibir información personal y financiera, anunció el Fiscal Federal W. Stephen Muldrow. La Fiscalía Federal de los EE.UU. para el Distrito de Puerto Rico exhorta al público a permanecer alerta y no proveer información personal o códigos de acceso en estas llamadas.
Las denuncias recibidas por el Servicio Secreto indican que estos estafadores se hacen pasar por empleados de la compañía de celulares e intentan obtener la información personal del receptor de la llamada ofreciéndoles un descuento a aquellos que se registren para pago automático a través de ATH Móvil. El cliente recibe una llamada en la que le indican que el proveedor de servicios esta actualizando la red de 3G a 5G y también le ofrecen un descuento en su factura si usan ATH Móvil. Luego, les dicen a los clientes que para poder recibir el descuento tienen que confirmar la información de su cuenta.
Estando en la llamada, el estafador envía un código de autentificación desde la página de internet de la compañía al cliente. Luego, el estafador le pide al cliente que confirme verbalmente el código diciendo que necesita confirmar la identidad del cliente antes de proceder a discutir la información de la cuenta. Una vez que el cliente provee el código, el estafador obtiene acceso a la cuenta que tiene el cliente con la compañía. En este punto ya el estafador tiene control de la cuenta del cliente y fraudulentamente pide que el cliente provea su información de ATH Móvil. Luego le dicen a los clientes que deben apagar sus celulares para que se puedan completar los cambios en la cuenta. En este tiempo, los estafadores transfieren fondos a distintas cuentas de banco en Puerto Rico y fuera de la jurisdicción o hacen compras fraudulentas utilizando la información del cliente.
Exhortamos a aquellos que reciban este tipo de llamadas a no proveer información personal o códigos de acceso en estas llamadas. El público puede reportar estas estafas al Servicio Secreto llamado al 787-277-1515.
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5 Current/Former MTA Employees Charged with Extensive Overtime FraudRead the Press Release
Audrey Strauss, Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Carolyn Pokorny, Inspector General of the Metropolitan Transportation Authority (“MTA OIG”), announced today the unsealing of complaints charging THOMAS CAPUTO, JOSEPH RUZZO, JOHN NUGENT, and JOSEPH BALESTRA, four current and former longtime employees of the Long Island Rail Road (“LIRR”), and MICHAEL GUNDERSEN, a longtime employee of the New York City Transit Authority (“NYC Transit”), with federal program fraud for submitting time reports falsely claiming to have worked hundreds of hours of overtime that they did not in fact work. CAPUTO, RUZZO, NUGENT, and BALESTRA were charged in a criminal complaint unsealed today (the “LIRR Complaint”), and GUNDERSEN was charged in a separate criminal complaint unsealed today (the “NYC Transit Complaint”). CAPUTO, RUZZO, NUGENT, BALESTRA, and GUNDERSEN are expected to be presented this afternoon before U.S. Magistrate Judge Katharine H. Parker.
Acting U.S. Attorney Audrey Strauss said: “These defendants, senior LIRR and New York City Transit employees, allegedly made themselves some of the highest-paid employees at the entire MTA by claiming extraordinary, almost physically impossible, amounts of overtime. As alleged, those almost impossible claims were fueled by brazen, repeated fraud, including falsely claiming to be working overtime hours while the defendants were at their homes or, in some instances, bowling. All New Yorkers ultimately bear the burden of fraud targeting our mass transit systems, and we will continue to work tirelessly to expose and prosecute those who engage in it. Our investigation remains ongoing.”
FBI Assistant Director William F. Sweeney Jr. said: “Today we’ve arrested five individuals, all senior MTA employees, for their role in an incredibly blatant overtime fraud scheme. In the case of at least one defendant, the excessive compensation he received from the MTA was equivalent to purportedly working 10 additional hours a day, every day, for 365 days. The others weren’t far behind, collectively earning more than $1 million in overtime pay. This type of double-dealing directly contributes to rising MTA fares for the average, hardworking commuter. Today these individuals learned the end of this line is the federal courthouse here in Lower Manhattan. If you or someone you know has additional information regarding this case, we want to hear from you. You may reach us by calling 1-800-CALL-FBI.”
MTA Inspector General Carolyn Pokorny said: “These employees allegedly worked very hard – to steal MTA time and money, ignoring their duty to keep the tracks and rails safe for their fellow workers and riders. For MTA employees who earn hundreds of thousands of dollars a year, it takes some nerve to steal overtime by only working a fraction of your shift – if at all. The situation underscores what our Office has been saying, again and again – the lack of management systems and controls at the MTA creates an environment where fraud could easily occur undetected – and it did, as alleged in these criminal complaints. When employees are on the clock, management needs to know that they are actually working, and not – say, enjoying concerts in Atlantic City, vacationing at resorts, or competing in a bowling league. In grateful cooperation with our law enforcement partners at the Office of the U.S. Attorney for the Southern District of New York and the FBI, MTA OIG continues to probe how these defendants allegedly succeeded in stealing so much overtime.”
According to the allegations in the LIRR Complaint and the NYC Transit Complaint (the “Complaints”):[1]
CAPUTO, RUZZO, NUGENT, BALESTRA, and GUNDERSEN each schemed to fraudulently receive thousands of dollars in compensation from the MTA by falsely claiming to have worked hundreds of voluntary overtime hours (and in the case of GUNDERSEN some regular time hours as well) that in fact they did not work. The overtime pay the defendants claimed led to significant increases in their salary and led to them being among the highest-paid MTA employees, and in the case of CAPUTO, the highest-paid MTA employee in 2018. The defendants frequently volunteered for overtime and then claimed to have been working lucrative overtime shifts at times when they were in fact at home or at other non-work locations, such as, in the case of CAPUTO, a bowling alley, or in the case of GUNDERSEN, family vacations.
The Defendants’ Employment at the MTA
The MTA runs North America’s largest transportation network, providing bus, subway and rail service to a population of more than 15 million people in New York City and the surrounding areas. The MTA’s operating agencies include the LIRR, a commuter railroad providing service between Manhattan and locations on Long Island, and NYC Transit, which operates New York City subways and buses.
CAPUTO, RUZZO, NUGENT, and BALESTRA are current or former LIRR employees. CAPUTO was an LIRR employee responsible for track inspection until he retired on or about April 1, 2019. RUZZO, who retired on or about October 1, 2019, and NUGENT and BALESTRA, who are still employed by LIRR, were all LIRR foremen during the relevant period.
In addition to their regular duties, CAPUTO, RUZZO, NUGENT, and BALESTRA each volunteered to work and were assigned a number of lucrative overtime shifts during which they were required to, among other things, support third-party contractors working on construction projects on or around LIRR properties. These voluntary overtime shifts were offered to LIRR employees in order of their seniority under the applicable union collective bargaining agreements, enabling CAPUTO, RUZZO, NUGENT, and BALESTRA to be assigned large numbers of voluntary overtime shifts due to their seniority.
GUNDERSEN is a current NYC Transit employee. Since in or about 2015, GUNDERSEN has been a Maintenance Supervisor Level II, which requires him to, among other things, provide managerial-level oversight and support of Third Rail Contract Compliance and Circuit Breakers.
At all relevant times, CAPUTO, RUZZO, NUGENT, BALESTRA, and GUNDERSEN received hourly rates for their regular schedule, and were then entitled to be paid higher “overtime” rates – typically one and a half or two times the regular hourly rate, depending on the circumstances – for additional hours worked. At all relevant times, CAPUTO, RUZZO, NUGENT, BALESTRA, and GUNDERSEN were required to self-report their time.
The Defendants’ Excessive Overtime Claims
In 2018, CAPUTO was paid approximately $461,000 by the MTA. Of that amount, approximately $117,000 comprised his base salary and other forms of compensation apart from overtime, while the additional approximately $344,000 was paid for overtime that CAPUTO ostensibly worked. In total, this made CAPUTO the highest paid employee at the MTA during 2018 – higher than, for example, the Chairman of the MTA.
In 2018, CAPUTO claimed to have worked approximately 3,864 overtime hours, on top of 1,682 regular hours. That is, if CAPUTO had worked every single calendar day in 2018 including weekends and holidays (although he did not), that would average out to approximately 10 hours of overtime every day for an entire year in addition to his regular, 40-hour work week.
Similarly, RUZZO, NUGENT, BALESTRA, and GUNDERSEN also claimed to have worked and were paid for an excessive number of overtime hours in 2018. Each of them was paid over $240,000 in overtime alone, putting each of them within the top 12 highest paid employees at the MTA during 2018. These payments were based on reported amounts of overtime hours ranging from 2,918 to 3,914, which if the defendants had worked every calendar day in 2018 would average out to approximately 8 to 10 hours for every single day, in addition to the employee’s regular 40-hour work weeks.
The Defendants’ Frequent Absences from Work
Staffers from the Office of the MTA Inspector General (“MTA OIG”) have worked with criminal investigators to perform a detailed review of the hours claimed to have been worked by the defendants in or around calendar year 2018. This investigation, among other things, compared the time records for CAPUTO, RUZZO, NUGENT, BALESTRA, and GUNDERSEN with various records that established their true whereabouts, such as location information for their cellular phones, bank records, MTA building access card data, work and personal emails and social media records, and records from third parties such as a bowling alley where CAPUTO participated in bowling league games despite claiming to work an average of 10 hours of overtime every single day of 2018.
In sum, the MTA OIG’s investigation reflects that CAPUTO, RUZZO, NUGENT, BALESTRA, and GUNDERSEN were each absent from work for hundreds of hours, for which they falsely claimed to have been present and worked in time reports submitted to the MTA. As a result, each received at least thousands of dollars in unjustified and fraudulently obtained compensation.
For example, CAPUTO claimed to have worked, and was paid for, a regular shift from 7:30 a.m. to 3:30 p.m. on October 11, 2018, followed by an overtime shift at the West Side Yard in Manhattan (the site of a construction project in the vicinity of West 34th Street near the Hudson River) from 4:00 p.m. until 7:00 a.m. on October 12. However, CAPUTO’s phone records revealed that CAPUTO made several calls while in the vicinity of his residence in Suffolk County during his overtime shift on October 11, and records maintained by a bowling alley in Suffolk County revealed that he participated in a bowling league game beginning at 7:30 p.m. that night – i.e., hours into his shift.
Similarly, GUNDERSEN claimed to have worked, and was paid for, back-to-back overtime shifts from 4:00 a.m. on September 29, 2018 to 12:00 a.m. on September 30, 2018, and was paid for 20 hours of overtime during that period. GUNDERSEN did not use any vacation time for this period, instead claiming in his time reports to be at work. However, several weeks later, GUNDERSEN sent himself an email attaching three photographs with metadata showing the images were taken at 3:05, 3:28, and 3:30 p.m. on September 29, 2018 – i.e., in the middle of the shifts described above. These photographs (one of which was posted to GUNDERSEN’s wife’s Facebook account) show GUNDERSEN and his family at a farm in Manalapan, New Jersey. GUNDERSEN’s telephone records reflect that he engaged in two phone calls from the vicinity of Manalapan at 1:09 p.m. and 4:07 p.m. on September 29, 2018, also in the middle of the overtime shifts he claimed to have worked.
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THOMAS CAPUTO, 56, of Holbrook, New York, JOSEPH RUZZO, 56, of Levittown, New York, JOHN NUGENT, 50, of Rocky Point, New York, JOSEPH BALESTRA, 51, of Blue Point, New York, and MICHAEL GUNDERSEN, 42, of Manalapan, New Jersey, are each charged with one count of federal program fraud, which carries a maximum sentence of 10 years in prison.
The statutory maximum penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the FBI and MTA OIG, and encouraged anyone with any information regarding overtime fraud or abuse at the MTA to contact the MTA OIG at 800-MTA-IG4U (800-682-4448), online at mtaig.state.ny.us/ComplaintForm.aspx, or via email at [email protected].
This case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Paul M. Monteleoni, Aline R. Flodr, and Thomas A. McKay are in charge of the prosecution.
The allegations contained in the Complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaints and the description of the Complaints set forth herein constitute only allegations, and every fact described should be treated as an allegation.
14 Defendants Indicted for Participation in Manhattan Drug Trafficking OrganizationRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations (“HSI”) in New York, and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of an indictment charging KENNETH SPEARMAN, a/k/a “Big Man,” a/k/a “Big Fella,” a/k/a “Friend,” SHELDON CLARK, a/k/a “Sal,” ERIC GRANT, a/k/a “E,” SIRRON STAFFORD, a/k/a “Sherm,” CAMERON FRANCIS, a/k/a “Cam,” ISAIAH LEDGISTER, a/k/a “Pooch,” TRISTAN OLIVER, a/k/a “Jay,” JOSEPH CAMPBELL, a/k/a “JoJo,” ERIC GASTON, HARVEY FOSTER, a/k/a “Fresh,” MAURICE WOMACK, a/k/a “Moe,” REGINALD CLAXTON, a/k/a “Dread,” a/k/a “Reggie,” LAVELLE MAITLAND, a/k/a “Vee,” and RAY BOYD, a/k/a “Mustafa,” with participating in a conspiracy to distribute crack cocaine in the vicinity of Adam Clayton Powell Jr. Boulevard (also known as 7th Avenue) between approximately 120th Street and 123rd Street, in Harlem. The case is assigned to U.S. District Judge Alvin K. Hellerstein.
Acting Manhattan U.S. Attorney Audrey Strauss said: “As alleged in the Indictment, the defendants were responsible for selling large amounts of crack cocaine in Manhattan. Thanks to the extraordinary work of our partners at NYPD and HSI, the defendants now face federal charges for their crimes.”
HSI Special Agent in Charge Peter C. Fitzhugh said: “HSI and NYPD dismantled a criminal organization that allegedly trafficked and distributed heroin and cocaine while terrorizing our streets with violence and no regard for the welfare of our community. Eradicating this ruthless syndicate will provide some relief to our neighborhoods, and is a step forward in an effort to safeguard our homeland.”
NYPD Commissioner Dermot Shea said: “The NYPD is relentless in combating the kind of violent crimes alleged in this federal indictment, which tear at the fabric of life in New York. I commend the United States Attorney’s Office for the Southern District of New York, and all of our partners, for their sustained focus in this important case.”
As alleged in the Indictment unsealed today in Manhattan federal court and in other court papers and proceedings[1]:
From at least in or about November 2019 up to and including in or about November 2020, KENNETH SPEARMAN, a/k/a “Big Man,” a/k/a “Big Fella,” a/k/a “Friend,” SHELDON CLARK, a/k/a “Sal,” ERIC GRANT, a/k/a “E,” SIRRON STAFFORD, a/k/a “Sherm,” CAMERON FRANCIS, a/k/a “Cam,” ISAIAH LEDGISTER, a/k/a “Pooch,” TRISTIAN OLIVER, a/k/a “Jay,” JOSEPH CAMPBELL, a/k/a “JoJo,” ERIC GASTON, HARVEY FOSTER, a/k/a “Fresh,” MAURICE WOMACK, a/k/a “Moe,” REGINALD CLAXTON, a/k/a “Dread,” a/k/a “Reggie,” LAVELLE MAITLAND, a/k/a “Vee,” and RAY BOYD, a/k/a “Mustafa,” participated in a conspiracy to distribute 280 grams and more of crack cocaine in and around Adam Clayton Powell Jr. Boulevard (also known as 7th Avenue) between approximately 120th Street and 123rd Street, in Harlem.
On or about November 3, 2020, in the same area, FRANCIS and two others robbed at gunpoint someone attempting to purchase narcotics and a firearm from FRANCIS.
* * *
KENNETH SPEARMAN, a/k/a “Big Man,” a/k/a “Big Fella,” a/k/a “Friend,” 45, SHELDON CLARK, a/k/a “Sal,” 55, ERIC GRANT, a/k/a “E,” 45, TRISTIAN OLIVER, a/k/a “Jay,” 43, ERIC GASTON, 36, REGINALD CLAXTON, a/k/a “Dread,” a/k/a “Reggie,” 57, LAVELLE MAITLAND, a/k/a “Vee,” 25, and RAY BOYD, a/k/a “Mustafa,” 57, were arrested yesterday and presented before United States Magistrate Judge Katharine H. Parker. JOSEPH CAMPBELL, a/k/a “JoJo,” 27, was arrested yesterday and will be presented before Judge Parker today. SIRRON STAFFORD, a/k/a “Sherm,” 43, CAMERON FRANCIS, a/k/a “Cam,” 20, ISAIAH LEDGISTER, a/k/a “Pooch,” 30, HARVEY FOSTER, a/k/a “Fresh,” 36, and MAURICE WOMACK, a/k/a “Moe,” 51, remain at large.
A chart containing the names, charges, and maximum penalties for each of the defendants is set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of a defendant would be determined by the judge.
Ms. Strauss praised the outstanding investigative work of HSI and the NYPD.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Ryan B. Finkel, Alexander Li, and Andrew A. Rohrbach are in charge of the prosecution.
The charges contained in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.
Count
Defendants
Max. Penalty
Count One: Conspiracy to Distribute Controlled Substances (21 U.S.C. § 846)
KENNETH SPEARMAN, a/k/a “Big Man,” a/k/a “Big Fella,” a/k/a “Friend”
SHELDON CLARK, a/k/a “Sal”
ERIC GRANT, a/k/a “E”
SIRRON STAFFORD, a/k/a “Sherm”
CAMERON FRANCIS, a/k/a “Cam”
ISAIAH LEDGISTER, a/k/a “Pooch”
TRISTAN OLIVER, a/k/a “Jay”
JOSEPH CAMPBELL, a/k/a “JoJo”
ERIC GASTON
HARVEY FOSTER, a/k/a “Fresh”
MAURICE WOMACK, a/k/a “Moe”
REGINALD CLAXTON, a/k/a “Dread,” a/k/a “Reggie”
LAVELLE MAITLAND, a/k/a “Vee”
RAY BOYD, a/k/a “Mustafa”
Life imprisonment; Mandatory minimum sentence of 10 years
Count Two: Conspiracy to Commit Hobbs Act Robbery (18 U.S.C. §§ 1951 and 2)
CAMERON FRANCIS, a/k/a “Cam”
20 years’ imprisonment
Count Three: Hobbs Act Robbery (18 U.S.C. §§ 1951 and 2)
CAMERON FRANCIS, a/k/a “Cam”
20 years’ imprisonment
Count Four: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Brandished (18 U.S.C. §§ 924(c) and 2)
CAMERON FRANCIS, a/k/a “Cam”
Life imprisonment; Mandatory minimum sentence of 7 years
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
110 Gang Members Sentenced to Decades in Federal PrisonRead the Press Release
SYRACUSE, NEW YORK – Jamar Long, 25, and Reddell Smith, 35, both of Syracuse, were sentenced today to serve 210 months (Long), and 78 months (Smith), respectively, in federal prison for violating the Racketeering Influenced Corrupt Organizations Act (RICO), announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Syracuse Police Chief Kenton Buckner. Senior United State District Judge Frederick J. Scullin, Jr. also ordered Long and Smith to serve three years of supervised release following their terms of incarceration.
During his guilty plea, Long admitted to driving a car from which co-defendant and fellow 110 Gang member Anthony Hopper fired multiple shots at an individual in October 2014 – identified in the indictment as “Victim-3” – which caused that individual to lose control of his car, crash into a tree, and die. A federal jury found Anthony Hopper guilty of RICO violations, including Victim 3’s death, following a trial in October 2019. Long also admitted to selling drugs in 110 Gang territory. In imposing sentence, Senior Judge Scullin found that Long had possessed weapons and committed other acts of violence on behalf of the gang.
During his guilty plea, Smith admitted to stabbing another individual in December 2017 while with co-defendant and fellow 110 Gang member Damani Prince. Smith also admitted to selling crack cocaine in 110 Gang territory during 2017. Smith was previously convicted in 2011 of RICO violations, based on his membership in the 110 Gang. Smith was also sentenced today to serve an additional 13 months in prison for violating the terms of his supervised release on the 2011 RICO conviction.
Long and Smith were among fourteen defendants charged in the case. All of the defendants have either pleaded guilty or been convicted following trial. Previously sentenced 110 Gang RICO defendants in this case include:
- Anthony Hopper was sentenced to 385 months in prison, followed by a 5-year term of supervised release;
- Damani Prince was sentenced to 78 months in prison, followed by a 3-year term of supervised release;
- Rashawn Wynn was sentenced to 92 months in prison, followed by a 3-year term of supervised release;
- Davon Sullivan was sentenced to 68 months in prison, followed by a 3-year term of supervised release;
- Qualik Vaughn was sentenced to 68 months in prison, followed by a 3-year term of supervised release;
- Jason Lebron was sentenced to 92 months in prison, followed by a 3-year term of supervised release;
- Javon Peterson was sentenced to 98 months in prison, followed by a 3-year term of supervised release;
- Daquan Dowdell was sentenced to 120 months in prison, followed by a 3-year term of supervised release;
- Terry Linen was sentenced to 110 months in prison, followed by a 3-year term of supervised release;
- Deshawnte Waller was sentenced to 80 months in prison, followed by a 3-year term of supervised release; and
- Kemnorris Kinsey was sentenced to 150 months in prison, followed by a 3-year term of supervised release.
This case was investigated by the Federal Bureau of Investigation (FBI), the Syracuse Police Department, and the Gang Violence Task Force, which consists of members of the Syracuse Police, the FBI, the U.S. Drug Enforcement Administration (DEA), the U.S. Marshals Service, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the New York State Department of Corrections, the New York State Attorney General, and the Onondaga County District Attorney’s Office. This case was prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Kristen Grabowski.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Wednesday 2 December 2020
Wilkinsburg Man Sentenced in “SCO” Gang Drug Trafficking CaseRead the Press Release
PITTSBURGH, PA - A former resident of Pittsburgh, Pennsylvania has been sentenced in federal court on convictions of narcotics trafficking, United States Attorney Scott W. Brady announced today.
On December 1, 2020, Senior United States District Judge Arthur J. Schwab imposed the sentence of eight years of imprisonment, followed by eight years of supervised release, on Justin Law, 31, formerly of Wilkinsburg, PA.
According to information presented to the Court, the Greater Pittsburgh Safe Streets Task Force conducted a long-term investigation of drug trafficking occurring in and around the Braddock section of Pittsburgh. Law enforcement identified several individuals who were illegally distributing controlled substances in the Greater Pittsburgh Region, as members of a neighborhood-based street gang, self-titled "SCO" and whose leader was identified as Howard McFadden.
In January of 2019, investigators obtained authorization to conduct a federal wiretap investigation, which continued through May of 2019. As a result of this investigation, Law, along with 32 others were indicted in June of 2019 by a federal grand jury in three separate, but related, Indictments.
The Court was informed that intercepted communications confirmed that Law was conspiring with others to possess with intent to distribute and distribute heroin and is an associate of one of the main members of the conspiracy and of "SCO." The Court was further informed that Law was a fugitive from June 12, 2019, when law enforcement executed numerous federal arrest and search warrants, until October 3, 2019, when he was arrested by the United States Marshals Western District of Pennsylvania Fugitive Task Force.
Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
United States Attorney Brady commended the multi-agency team, which was led by the Federal Bureau of Investigation, for the investigation leading to the successful prosecution of Law. Partners in this investigation included the Drug Enforcement Administration, Bureau of Alcohol Tobacco Firearms and Explosives, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pennsylvania State Police, Pennsylvania Attorney General’s Office Bureau of Narcotics, and the Pittsburgh Bureau of Police. Other assisting agencies included the Monroeville Police Department, Penn Hills Police Department, Wilkinsburg Police Department, and Allegheny County Adult Probation.
This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.
Wichita Man Pleads Guilty to Armed RobberiesRead the Press Release
WICHITA, KAN. – A Wichita man pleaded guilty today in connection with a series of armed robberies, U.S. Attorney Stephen McAllister said.
Brelen Vonfange, 28, Wichita, Kan., pleaded guilty to one count of robbery and one count of brandishing a firearm during a robbery. In his plea, VonFange admitted doing a robbery at a Kwik Shop at 3601 E. 47th South, as well as brandishing a firearm during another robbery at a QuikTrip at K-15 and 31st South.
In addition, VonFange admitted committing other robberies that will be considered during sentencing. Those include robberies at a Kwik Shop at 710 W. 29th and a Kwik Shop at 3959 S. Hydraulic.
In September, co-defendant Shaiquille Harris, 26, Wichita, Kan., was sentenced to 115 months in federal prison. Harris admitted driving Vonfange to the robberies.
Sentencing for Vonfange is set for Feb. 17. He could face up to 20 years in federal prison and a fine up to $250,000 on the robbery charge, as well as a penalty of not less than seven years and a fine up to $250,000 on the charge of brandishing a firearm.
McAllister commended the Wichita Police Department, the FBI and Assistant U.S. Attorney David Lind for their work on the case.
Wheeling woman admits to methamphetamine distributionRead the Press Release
WHEELING, WEST VIRGINIA – Kathleen Everly, of Wheeling, West Virginia, has admitted to a drug charge, U.S. Attorney Bill Powell announced.
Everly, also known as “Katie,” 38, pled guilty today to one count of “Aiding and Abetting the Distribution of Methamphetamine.” Everly admitted to working with another to sell methamphetamine in July 2019 in Ohio County.
Everly 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 Ohio Valley Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Utah man who trafficked meth from camper on Fort Peck Indian Reservation sentenced to prisonRead the Press Release
GREAT FALLS — A Utah man who towed a camper to the Fort Peck Indian Reservation and trafficked methamphetamine in the community was sentenced today to 51 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
Jeffrey Allen Dabb, 39, of Ogden, Utah, pleaded guilty on Sept. 1 to conspiracy to possess with intent to distribute meth.
Chief U.S. District Judge Brian M. Morris presided.
In court documents filed in the case, the prosecution said that Dabb, and his co-defendant, Andrew Michael Gomez, towed a camper from Utah and rented a vacant lot on the reservation. In August 2019, a Wolf Point Police officer received information about drug activity on property where the camper was parked. The officer obtained a tribal search warrant to enter the property and seize the camper. Dabb, Gomez and another individual were in the camper. Dabb said that they were in the area to work in the North Dakota oil fields and denied there was anything illegal in the camper.
During a search of the camper, law enforcement found more than 6.5 ounces of meth, drug ledgers, electronic money transfer receipts showing money wires to individuals in Utah, a set of brass knuckles with a built-in knife, scales, baggies and other drug paraphernalia.
Gomez pleaded guilty in the case and is awaiting sentencing.
Assistant U.S. Attorney Ethan Plaut prosecuted the case, which was investigated by the FBI and Fort Peck Law Enforcement Services.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 48% from 2013 to 2019. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Unsealed 14-Count Indictment Charges Six Individuals in Connection with Bluetooth Gas Skimming SchemeRead the Press Release
SALT LAKE CITY – A federal indictment unsealed Tuesday morning charges six individuals with conspiracy to steal money from customers at various gas stations in Utah and elsewhere. The indictment alleges the defendants and their co-conspirators executed the conspiracy by using Bluetooth enabled skimming equipment that they installed on the motherboard of the internal computer that controls the gas pumps. Victims of the alleged scheme lost at least $200,000.
Charged in the indictment are Yosbel Delgado-Valdes, age 40, Iraldo Pereda-Mendez, 32, Emmanuel Nina-Perez, 28, Jandry Artigas-Reyes, 35, and Yarislani Padron-Cruz, 35, all of Salt Lake City, and Yofre Napoleon Almonte, 47, a citizen of the Dominican Republic currently being held in the Davis County Jail on unrelated charges. In addition to Almonte, who is not a U.S. citizen, three defendants are legal permanent residents of the United States, one is a naturalized U.S. citizen, and one has an application pending for legal permanent resident status.
The skimming equipment contains a Bluetooth card reader/recorder that records information – such as customers’ credit card numbers and the name and zip code associate with the card – from the magnetic strip of customers’ cards as the customers insert the cards into gas pumps, according to the indictment. The defendants and their co-conspirators only needed to get within the necessary range of the Bluetooth skimming device to initiate a wireless Bluetooth connection to the device still inside the gas pump.
The indictment alleges the defendants then downloaded the digital credit card or debit card information that had been captured and stored in their skimming devices. They were then able to use the captured data to create duplicate “cloned” cards encoded with the same data as the customers’ authentic credit or debit cards.
After making the cloned cards, the defendants and their co-conspirators tested the cards by attempting small transactions – typically $1 – to identify which of the cloned cards were viable and could be used to make larger purchases.
After testing the cards, the defendants and their co-conspirators moved to what the indictment calls the “cash out” phase. The “cash out” phase generally involved large purchases of fuel, though they did make other purchases at gas stations and other retail stores. The fuel purchases were typically for vehicles they were driving, or for trusted associates/purchasers the defendants would meet, using the cloned cards to fill up their tanks. The defendants further used the cloned cards to fill external fuel tanks installed in the beds of their pickup trucks – later offloading that fuel into the tanks of semi trucks or into larger storage containers for future use or resale.
In furtherance of the scheme, the indictment alleges the defendants committed several overt acts. For example, on April 30, 2020, Artigas-Reyes and Pereda-Mendez visited the Tesoro gas station in Sunset, Utah, just after midnight and installed a Bluetooth skimmer in the pump. On May 21, 2020, they installed a Bluetooth skimmer in a pump at a Texaco station in Scipio. The indictment alleges the acts were for the purpose of committing bank fraud.
Using the cloned credit or debit cards, the defendants obtained at least $200,000 in funds from multiple financial institutions, the indictment alleges. For instance, on May 5, 2020, Almonte made a $100 purchase at Exxon Mobil Common Cents in Bountiful using a cloned JP Morgan Chase credit card. On May 27, 2020, Artigas-Reyes made an $89.41 purchase at the Exxon Mobile Common Cents in Salt Lake City using a cloned Capital One credit card. Nina-Perez made a $100 purchase at Murphy Express in Riverton using a cloned PNC bank credit card and Delgado-Valdes made a $99.84 purchase at the Home Depot in West Jordan using a cloned Wells Fargo credit card.
“Utah is a hotbed of fraud schemes. I have directed prosecutors and investigative partners to pull out all of the stops in our combined efforts to take on those who victimize Utah residents with their fraud schemes. In this bank fraud ring, allegations suggest persistence, sophistication and organization on the part of the charged conspirators. Investigators and prosecutors have tried to match and surpass those characteristics in their efforts to bring this matter to justice in federal court,” U.S. Attorney John W. Huber said today.
“We all routinely fill up our gas tanks, which means any one of us could have been victims of this alleged crime,” said Special Agent in Charge Paul Haertel of the Salt Lake City FBI. “While the financial losses are significant, the victims are also left with the burden of taking the necessary steps to recover from the damage of identity theft. The FBI is committed to holding the alleged perpetrators accountable. We encourage the public to regularly check their bank statements and report fraud to local law enforcement or the FBI."
Each defendant is charged with conspiracy to commit bank fraud in the lead count of the indictment. Each defendant is also charged with one count of bank fraud and one count of aggravated identity theft. Almonte, who has three previous deportations from the country, is also charged with illegally entering the country after deportation. The potential maximum penalty for the conspiracy to commit bank fraud and bank fraud counts is 30 years in federal prison. Aggravated re-entry has a maximum penalty of 10 years in prison. An aggravated identity theft conviction carries a two-year mandatory sentence, which runs consecutive to any other sentence.
Indictments are not findings of guilt. Individuals charged in an indictment are presumed innocent unless or until proven guilty in court.
Padron-Cruz, Artigas-Reyes, Nina-Perez, and Delgado-Valdes were arrested in Utah on Nov. 20. During the execution of search warrants in connection with the arrests, agents and law enforcement officers found more than $40,000 as well as skimming equipment and what agents believe to be hundreds of cloned credit cards.
These four defendants, along with Almonte, had an initial appearance on the charges in the indictment Tuesday and Wednesday. Almonte has been in custody on an unrelated charge. A federal arrest warrant is pending for Pereda-Mendez.
Assistant U.S. Attorneys in the U.S. Attorney’s Office in Utah are prosecuting the case. It is being investigated by agents and task force officers working with the FBI’s Cyber Task Force and the Salt Lake City Police Department.
U.S. Law Enforcement Takes Action Against Approximately 2,300 Money Mules in Global Crackdown on Money LaunderingRead the Press Release
The U.S. Department of Justice, the FBI, the U.S. Postal Inspection Service, and six other federal law enforcement agencies announced the completion of the third annual Money Mule Initiative, a coordinated operation to disrupt the networks through which transnational fraudsters move the proceeds of their crimes. Money mules are individuals who assist fraudsters by receiving money from victims of fraud and forwarding it to the fraud organizers, many of whom are located abroad. Some money mules know they are assisting fraudsters, but others are unaware that their actions enable fraudsters’ efforts to swindle money from consumers, businesses, and government unemployment funds. Europol announced a simultaneous effort, the European Money Mule Action (EMMA) today.
Over the last two months, U.S. law enforcement agencies took action against over 2,300 money mules, far surpassing last year’s effort, which acted against over 600 money mules. This year, actions occurred in every state in the country. The initiative announced today targeted money mules involved in a wide range of schemes including lottery fraud, romance scams, government imposter fraud, technical support fraud, business email compromise or CEO fraud, and unemployment insurance fraud. Many of these schemes target elderly or vulnerable members of society.
“Money mules fuel fraud against some of America’s most vulnerable populations. Without the help of these money mules, many foreign fraud enterprises find it difficult to profit off of U.S. victims,” said Attorney General William P. Barr. “As this initiative demonstrates, the Department of Justice is committed to disrupting money mule networks, taking actions against more money mules this year than ever before, in an effort to cut off the flow of funds from American consumers and businesses to transnational criminal organizations.”
Eight federal law enforcement agencies participated in this year’s effort. Led by the Department of Justice’s Consumer Protection Branch, the FBI, and the U.S. Postal Inspection Service, the participating agencies include the Department of Labor Office of Inspector General, Federal Deposit Insurance Corporation Office of Inspector General, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Social Security Administration Office of Inspector General, U.S. Secret Service, and U.S. Treasury Inspector General for Tax Administration.
Some highlights from this year’s efforts are:
- Actions were taken to halt the conduct of approximately 2,300 money mules, spanning 92 federal districts.
- Law enforcement served approximately 2,000 money mules with letters warning the money mules that they were facilitating fraud and could face civil or criminal consequences for continuing their actions. Agents conducted over 450 interviews.
- On approximately 30 instances, agents seized assets or facilitated the return of victim funds. Among the asset seizures was a 2019 Lamborghini, which was seized as part of an investigation into a business email compromise scheme.
- The U.S. Postal Inspection Service filed 14 administrative actions requiring money mules to cease facilitating fraud.
- U.S. Attorney’s Offices and the Consumer Protection Branch filed 17 civil injunctive actions seeking court orders requiring money mules to stop facilitating fraudulent activity. Districts filing those actions include the Western District of Washington, District of South Carolina, Middle District of Florida, Southern District of Florida, Central District of California, Northern District of New York, and District of Colorado.
Additionally, more than 35 individuals were criminally charged or arrested for their roles in receiving victim payments and forwarding the fraud proceeds to accomplices or laundering fraud proceeds. Cases include:
- The U.S. Attorney’s Office for the Central District of California indicted three individuals for collecting parcels containing victim proceeds in a government imposter scheme.
- The U.S. Attorney’s Office for the District of Maryland indicted three individuals for opening bank accounts using falsified documents for the purposes of facilitating a business email compromise scam.
- The U.S. Attorney’s Office for the Western District of Texas indicted an individual for facilitating a lottery fraud scheme. The indictment also seeks to forfeit over $1.2 million.
- The U.S. Attorney’s Office for the Northern District of Ohio indicted two money mules who facilitated a grandparents scam.
- The U.S. Attorney’s Office for the Eastern District of Virginia charged a money mule who laundered gift cards purchased by fraud victims.
Additional criminal charges were brought by U.S. Attorney’s Offices in Southern District of Florida, Western District of Pennsylvania, Western District of North Carolina, Southern District of Texas, the Southern District of Mississippi, and the District of New Jersey.
The above charges are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
“The success of the Money Mule Initiative is the culmination of the hard work by and coordination between the FBI and our federal, state, local, and international partners,” said FBI Director Christopher Wray. “This campaign has resulted in hundreds of criminal arrests worldwide and justice for countless victims. Today’s announcement should send a clear message to those engaged in this type of criminal activity: they are not outside the reach of law enforcement, and the FBI and its partners will relentlessly pursue them in order to protect the American people.”
“The Postal Inspection Service has zero tolerance for fraudsters who use the U.S. Mail to transport funds from scammed victims,” said Chief Postal Inspector Gary Barksdale. “Postal Inspectors use cutting-edge technology to build strong cases and campaigns like those announced today, which make significant progress towards disrupting money mule networks. Postal Inspectors and our law enforcement partners will be relentless in the pursuit of criminal organizations that perpetrate these schemes.”
The agencies participating in the Money Mule Initiative and community partners are undertaking an outreach campaign to increase awareness of how fraudsters use and recruit money mules. U.S. Attorney’s Offices across the country, through their Elder Justice Coordinators, will be reaching out to their communities to educate the public about money mules. AmeriCorp Seniors (formerly Senior Corps) will be working to increase awareness of how money mules facilitate fraud and how consumers can avoid unwittingly assisting fraud schemes.
Additionally, the American Bankers Association will be engaging with its members on money mules and the role of financial institutions in addressing the problem. The Department of Justice will also be distributing resources for state and local law enforcement on identifying, disrupting, investigating, and prosecuting money mules.
To find public education materials, as well as information about how fraudsters use and recruit money mules, please visit www.justice.gov/civil/consumer-protection-branch/money-mule-initiative.
Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In January 2020, the department designated “Preventing and Disrupting Transnational Elder Fraud” as an Agency Priority Goal, one of its top four priorities. In March 2020, the department announced the largest elder fraud enforcement action in American history, charging more than 400 defendants in a nationwide elder fraud sweep. The department has also conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.
The department’s extensive efforts to combat elder fraud seek to halt the billions of dollars seniors lose each year to fraud schemes, including those perpetrated by transnational criminal organizations. The best method for prevention, however, is sharing information about the various types of elder fraud schemes with relatives, friends, neighbors, and other seniors who can use that information to protect themselves.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.
U.S. Law Enforcement Takes Action Against Approximately 2,300 Money Mules in Global Crackdown on Money LaunderingRead the Press Release
WASHINGTON – The U.S. Department of Justice, the FBI, the U.S. Postal Inspection Service, and six other federal law enforcement agencies announced the completion of the third annual Money Mule Initiative, a coordinated operation to disrupt the networks through which transnational fraudsters move the proceeds of their crimes. Money mules are individuals who assist fraudsters by receiving money from victims of fraud and forwarding it to the fraud organizers, many of whom are located abroad. Some money mules know they are assisting fraudsters, but others are unaware that their actions enable fraudsters’ efforts to swindle money from consumers, businesses, and government unemployment funds. Europol announced a simultaneous effort, the European Money Mule Action (EMMA) today.
Over the last two months, U.S. law enforcement agencies took action against over 2,300 money mules, far surpassing last year’s effort, which acted against over 600 money mules. This year, actions occurred in every state in the country. The initiative announced today targeted money mules involved in a wide range of schemes including lottery fraud, romance scams, government imposter fraud, technical support fraud, business email compromise or CEO fraud, and unemployment insurance fraud. Many of these schemes target elderly or vulnerable members of society.
“Money mules fuel fraud against some of America’s most vulnerable populations. Without the help of these money mules, many foreign fraud enterprises find it difficult to profit off of U.S. victims,” said Attorney General William P. Barr. “As this initiative demonstrates, the Department of Justice is committed to disrupting money mule networks, taking actions against more money mules this year than ever before, in an effort to cut off the flow of funds from American consumers and businesses to transnational criminal organizations.”
Eight federal law enforcement agencies participated in this year’s effort. Led by the Department of Justice’s Consumer Protection Branch, the FBI, and the U.S. Postal Inspection Service, the participating agencies include the Department of Labor Office of Inspector General, Federal Deposit Insurance Corporation Office of Inspector General, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Social Security Administration Office of Inspector General, U.S. Secret Service, and U.S. Treasury Inspector General for Tax Administration.
Some highlights from this year’s efforts are:
• Actions were taken to halt the conduct of approximately 2,300 money mules, spanning 92 federal districts.
• Law enforcement served approximately 2,000 money mules with letters warning the money mules that they were facilitating fraud and could face civil or criminal consequences for continuing their actions. Agents conducted over 450 interviews. The U.S. Department of Labor Office of Inspector General in Puerto Rico served one warning letter to a senior citizen who may have knowingly acted as a money mule in an unemployment insurance fraud scheme.
• On approximately 30 instances, agents seized assets or facilitated the return of victim funds. Among the asset seizures was a 2019 Lamborghini, which was seized as part of an investigation into a business email compromise scheme.
• The U.S. Postal Inspection Service filed 14 administrative actions requiring money mules to cease facilitating fraud.
• U. S. Attorney’s Offices and the Consumer Protection Branch filed 17 civil injunctive actions seeking court orders requiring money mules to stop facilitating fraudulent activity. Districts filing those actions include the Western District of Washington, District of South Carolina, Middle District of Florida, Southern District of Florida, Central District of California, Northern District of New York, and District of Colorado.
Additionally, more than 35 individuals were criminally charged or arrested for their roles in receiving victim payments and forwarding the fraud proceeds to accomplices or laundering fraud proceeds. Cases include:
• The U.S. Attorney’s Office for the Central District of California indicted three individuals for collecting parcels containing victim proceeds in a government imposter scheme.
• The U.S. Attorney’s Office for the District of Maryland indicted three individuals for opening bank accounts using falsified documents for the purposes of facilitating a business email compromise scam.
• The U.S. Attorney’s Office for the Western District of Texas indicted an individual for facilitating a lottery fraud scheme. The indictment also seeks to forfeit over $1.2 million.
• The U.S. Attorney’s Office for the Northern District of Ohio indicted two money mules who facilitated a grandparents scam.
• The U.S. Attorney’s Office for the Eastern District of Virginia charged a money mule who laundered gift cards purchased by fraud victims.
Additional criminal charges were brought by U.S. Attorney’s Offices in Southern District of Florida, Western District of Pennsylvania, Western District of North Carolina, Southern District of Texas, the Southern District of Mississippi, and the District of New Jersey.
The above charges are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
“The success of the Money Mule Initiative is the culmination of the hard work by and coordination between the FBI and our federal, state, local, and international partners,” said FBI Director Christopher Wray. “This campaign has resulted in hundreds of criminal arrests worldwide and justice for countless victims. Today’s announcement should send a clear message to those engaged in this type of criminal activity: they are not outside the reach of law enforcement, and the FBI and its partners will relentlessly pursue them in order to protect the American people.”
“The Postal Inspection Service has zero tolerance for fraudsters who use the U.S. Mail to transport funds from scammed victims,” said Chief Postal Inspector Gary Barksdale. “Postal Inspectors use cutting-edge technology to build strong cases and campaigns like those announced today, which make significant progress towards disrupting money mule networks. Postal Inspectors and our law enforcement partners will be relentless in the pursuit of criminal organizations that perpetrate these schemes.”
The agencies participating in the Money Mule Initiative and community partners are undertaking an outreach campaign to increase awareness of how fraudsters use and recruit money mules. U.S. Attorney’s Offices across the country, through their Elder Justice Coordinators, will be reaching out to their communities to educate the public about money mules. AmeriCorp Seniors (formerly Senior Corps) will be working to increase awareness of how money mules facilitate fraud and how consumers can avoid unwittingly assisting fraud schemes.
Additionally, the American Bankers Association will be engaging with its members on money mules and the role of financial institutions in addressing the problem. The Department of Justice will also be distributing resources for state and local law enforcement on identifying, disrupting, investigating, and prosecuting money mules.
To find public education materials, as well as information about how fraudsters use and recruit money mules, please visit www.justice.gov/civil/consumer-protection-branch/money-mule-initiative.
Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In January 2020, the department designated “Preventing and Disrupting Transnational Elder Fraud” as an Agency Priority Goal, one of its top four priorities. In March 2020, the department announced the largest elder fraud enforcement action in American history, charging more than 400 defendants in a nationwide elder fraud sweep. The department has also conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.
The department’s extensive efforts to combat elder fraud seek to halt the billions of dollars seniors lose each year to fraud schemes, including those perpetrated by transnational criminal organizations. The best method for prevention, however, is sharing information about the various types of elder fraud schemes with relatives, friends, neighbors, and other seniors who can use that information to protect themselves.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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U.S. Department of Justice Recognizes U.S. Attorney’s Office for the Northern District of Alabama for Its Work with Project Safe NeighborhoodsRead the Press Release
BIRMINGHAM, Ala. – Today, the Department of Justice recognized the U.S. Attorney’s Office for the Northern District of Alabama for Outstanding Individual Contribution in support of the Project Safe Neighborhoods (PSN) Initiative.
“Mr. Town’s vision to implement the P3 program enhanced the coordination and communication between federal and state prosecutorial agencies and law enforcement nationwide,” U.S. Attorney Escalona said.” “Prosecutors at all levels will be able to collectively target worst offenders for years to come.”
Jay E. Town, Former U.S. Attorney, was recognized for the outstanding work in support of the PSN Program through his design and successful implementation of the Prosecutor to Prosecutor Program (P3). The P3 Program, created in January 2018 by Mr. Town, was designed to enhance Project Safe Neighborhoods strategic plans and focus on the worst offenders in a given area or district. P3 is a six-step process in which state and federal prosecutors make joint decisions on whether a criminal case should be prosecuted by the U.S. Attorney's Office. Since P3 was implemented in 2018 in the Northern District of Alabama, there have been more than 300 cases referred to federal law enforcement from local P3 team members, of which more than half have been selected for federal prosecution. The robust success of the P3 team and its implementation of the P3 program have led to a 64% increase in violent crimes prosecutions since 2016. Specifically, there has been a 73% increase in the number of 922(g) and 924(c) firearms matters received by the Northern District of Alabama U.S. Attorney’s Office since its implementation. The Prosecutor to Prosecutor Program is recognized by the Department of Justice as a best practice and national model for each federal district. P3 has since been replicated and effectively implemented by numerous U.S. Attorney’s Offices across the country.
Revitalized in 2017, PSN is a critical piece of the Department’s crime reduction efforts. PSN has focused on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Department of Justice Recognizes U.S. Attorney’s Office for the Eastern District of California for Its Work with Project Safe NeighborhoodsRead the Press Release
SACRAMENTO, Calif. – The Department of Justice recognized the Solano County District Attorney’s Office, located in the Eastern District of California, for being an Outstanding Local Prosecutor’s Office in support of the Project Safe Neighborhoods (PSN) Initiative and its work with the U.S. Attorney’s Office.
“Throughout 2018 and 2019, the Solano County District Attorney’s Office demonstrated outstanding professionalism, support for U.S. Attorney’s Office initiatives, and ongoing cooperation with federal and state law enforcement partners to promote greater public safety.” U.S. Attorney McGregor W. Scott said. “The Solano County District Attorney’s Office has demonstrated the exemplary initiative and collaboration needed to make PSN successful in keeping our communities safe, meeting bi-weekly with our office to discuss potential cases for federal prosecution.”
“This award exemplifies the true partnership between our office and the Office of the United States Attorney, Eastern District of California,” said District Attorney Abrams. “Project Safe Neighborhoods has truly been a success under U.S. Attorney McGregor Scott’s leadership. We jointly share an unwavering commitment to getting illegal guns off the street and keeping our community safe, and I am honored to be working in collaboration with the U.S. Attorney’s Office regarding this effort.”
The Solano County District Attorney’s Office was recognized for the outstanding work in support of the PSN program. Since the start of the PSN program in Solano County in July 2018, the Solano County District Attorney’s Office has presented more than 400 cases for potential federal adoption, with 46 cases selected for federal prosecution targeting some of the most violent and recidivist criminals in Solano County. They facilitated a meeting to connect AUSAs with over 30 local gang investigators, improving collaboration and coordination between federal, state, and local investigating agencies, and overall intelligence sharing.
In October and November 2018 a multi-agency effort spearheaded by the Solano County District Attorney’s Office to identify the highest-risk offenders on probation, parole, and Post-Release Community Supervision located dozens of fugitives in Solano County in advance of Operation Triple Beam, a December 2018 exercise by the U.S. Marshals Service.
The Solano County District Attorney’s Office worked with the U.S. Attorney’s Office to facilitate federal adoption of cases that originated with state charges. These cases included: (1) a March 2018 attempted homicide, in which two co-conspirators pipe bombed a residential home with a family of five inside [United States v. Capenhurst, et al., 2:18-cr-055-KJM]; (2) a series of five convenience store robberies, during which the lead defendant brandished a firearm and threatened the counter clerks at gunpoint [United States v. Young, et al., 2:18-cr-142-JAM]; and (3) five additional felon-in-possession of a firearm cases, including one defendant who was sentenced as an armed career criminal.
Given its position at the southwest boundary of the Eastern District of California, numerous cases originating in, or with ties to, Solano County, overlap with criminal conduct that could also be charged in surrounding counties (Napa, Contra Costa, Alameda, and/or Sacramento) or in the Northern District of California. In at least two significant cases, the Solano County District Attorney’s Office agreed to dismiss local charges in lieu of federal prosecution in cases with multijurisdictional criminality. These included: (1) the five Hobbs Act robberies charged in United States v. Young, et al., 2:18-cr-142-JAM, which spanned from Alameda County, to Solano County, to Sacramento County; and (2) a high-volume drug-trafficking case stretching from Alameda County to Solano County, in which detectives seized over 4 pounds of powder cocaine and over 3.5 pounds of cocaine base (crack cocaine) from the defendant’s home in Vallejo [United States v. McCutcheon, 2:18-cr-218-TLN]. The defendant in that case will be sentenced as a career offender.
The examples above are representative of the exemplary work the Solano County District Attorney’s Office has performed as part of PSN to decrease violent crime throughout Solano County and Northern California.
Revitalized in 2017, PSN is a critical piece of the Department’s crime reduction efforts. PSN has focused on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
U.S. Attorney's Office Participates in Law Enforcement Action Against Approximately 2,300 Money Mules in Global Crackdown on Money LaunderingRead the Press Release
CHARLOTTE, N.C. – The U.S. Attorney’s Office for the Western District of North Carolina joined the U.S. Department of Justice, the FBI, the U.S. Postal Inspection Service, and six other federal law enforcement agencies in announcing the completion of the third annual Money Mule Initiative, a coordinated operation to disrupt the networks through which transnational fraudsters move the proceeds of their crimes. Money mules are individuals who assist fraudsters by receiving money from victims of fraud and forwarding it to the fraud organizers, many of whom are located abroad. Some money mules know they are assisting fraudsters, but others are unaware that their actions enable fraudsters’ efforts to swindle money from consumers, businesses, and government unemployment funds. Europol announced a simultaneous effort, the European Money Mule Action (EMMA) today.
Over the last two months, U.S. law enforcement agencies took action against over 2,300 money mules, far surpassing last year’s effort, which acted against over 600 money mules. This year, actions occurred in every state in the country. The initiative announced today targeted money mules involved in a wide range of schemes including lottery fraud, romance scams, government imposter fraud, technical support fraud, business email compromise or CEO fraud, and unemployment insurance fraud. Many of these schemes target elderly or vulnerable members of society.
“Money mules fuel fraud against some of America’s most vulnerable populations. Without the help of these money mules, many foreign fraud enterprises find it difficult to profit off of U.S. victims,” said Attorney General William P. Barr. “As this initiative demonstrates, the Department of Justice is committed to disrupting money mule networks, taking actions against more money mules this year than ever before, in an effort to cut off the flow of funds from American consumers and businesses to transnational criminal organizations.”
“Criminals enterprises that perpetrate financial fraud are increasingly relying on money mules to launder ill-gotten gains and conduct financial transactions using illegal proceeds. Be it under the guise of a new romantic relationship or the promise of a new job, scammers employ many tactics that can dupe unsuspecting victims into carrying out these illegal money operations. Today’s initiative serves as a lesson and a warning: don’t let scammers fool you into doing their dirty work,” said Andrew Murray, U.S. Attorney for the Western District of North Carolina.
Eight federal law enforcement agencies participated in this year’s effort. Led by the Department of Justice’s Consumer Protection Branch, the FBI, and the U.S. Postal Inspection Service, the participating agencies include the Department of Labor Office of Inspector General, Federal Deposit Insurance Corporation Office of Inspector General, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Social Security Administration Office of Inspector General, U.S. Secret Service, and U.S. Treasury Inspector General for Tax Administration.
Some highlights from this year’s efforts are:
- Actions were taken to halt the conduct of approximately 2,300 money mules, spanning 92 federal districts.
- Law enforcement served approximately 2,000 money mules with letters warning the money mules that they were facilitating fraud and could face civil or criminal consequences for continuing their actions. Agents conducted over 450 interviews.
- On approximately 30 instances, agents seized assets or facilitated the return of victim funds. Among the asset seizures was a 2019 Lamborghini, which was seized as part of an investigation into a business email compromise scheme.
- The U.S. Postal Inspection Service filed 14 administrative actions requiring money mules to cease facilitating fraud.
- U.S. Attorney’s Offices and the Consumer Protection Branch filed 17 civil injunctive actions seeking court orders requiring money mules to stop facilitating fraudulent activity. Districts filing those actions include the Western District of Washington, District of South Carolina, Middle District of Florida, Southern District of Florida, Central District of California, Northern District of New York, and District of Colorado.
Additionally, more than 35 individuals were criminally charged or arrested for their roles in receiving victim payments and forwarding the fraud proceeds to accomplices or laundering fraud proceeds. Cases include:
- The U.S. Attorney’s Office for the Western District of North Carolina has indicted four individuals operating as money mules in two separate business email compromise schemes.
- The U.S. Attorney’s Office for the Central District of California indicted three individuals for collecting parcels containing victim proceeds in a government imposter scheme.
- The U.S. Attorney’s Office for the District of Maryland indicted three individuals for opening bank accounts using falsified documents for the purposes of facilitating a business email compromise scam.
- The U.S. Attorney’s Office for the Western District of Texas indicted an individual for facilitating a lottery fraud scheme. The indictment also seeks to forfeit over $1.2 million.
- The U.S. Attorney’s Office for the Northern District of Ohio indicted two money mules who facilitated a grandparents scam.
- The U.S. Attorney’s Office for the Eastern District of Virginia charged a money mule who laundered gift cards purchased by fraud victims.
Additional criminal charges were brought by U.S. Attorney’s Offices in Southern District of Florida, Western District of Pennsylvania, Southern District of Texas, the Southern District of Mississippi, and the District of New Jersey.
The above charges are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
“The success of the Money Mule Initiative is the culmination of the hard work by and coordination between the FBI and our federal, state, local, and international partners,” said FBI Director Christopher Wray. “This campaign has resulted in hundreds of criminal arrests worldwide and justice for countless victims. Today’s announcement should send a clear message to those engaged in this type of criminal activity: they are not outside the reach of law enforcement, and the FBI and its partners will relentlessly pursue them in order to protect the American people.”
“The Postal Inspection Service has zero tolerance for fraudsters who use the U.S. Mail to transport funds from scammed victims,” said Chief Postal Inspector Gary Barksdale. “Postal
Inspectors use cutting-edge technology to build strong cases and campaigns like those announced today, which make significant progress towards disrupting money mule networks. Postal Inspectors and our law enforcement partners will be relentless in the pursuit of criminal organizations that perpetrate these schemes.”
The agencies participating in the Money Mule Initiative and community partners are undertaking an outreach campaign to increase awareness of how fraudsters use and recruit money mules. U.S. Attorney’s Offices across the country, through their Elder Justice Coordinators, will be reaching out to their communities to educate the public about money mules. AmeriCorp Seniors (formerly Senior Corps) will be working to increase awareness of how money mules facilitate fraud and how consumers can avoid unwittingly assisting fraud schemes.
Additionally, the American Bankers Association will be engaging with its members on money mules and the role of financial institutions in addressing the problem. The Department of Justice will also be distributing resources for state and local law enforcement on identifying, disrupting, investigating, and prosecuting money mules.
To find public education materials, as well as information about how fraudsters use and recruit money mules, please visit www.justice.gov/civil/consumer-protection-branch/money- mule-initiative.
Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In January 2020, the department designated “Preventing and Disrupting Transnational Elder Fraud” as an Agency Priority Goal, one of its top four priorities. In March 2020, the department announced the largest elder fraud enforcement action in American history, charging more than 400 defendants in a nationwide elder fraud sweep. The department has also conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.
The department’s extensive efforts to combat elder fraud seek to halt the billions of dollars seniors lose each year to fraud schemes, including those perpetrated by transnational criminal organizations. The best method for prevention, however, is sharing information about the various types of elder fraud schemes with relatives, friends, neighbors, and other seniors who can use that information to protect themselves.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Two More Defendants Charged with Federal Crimes Related to a Heroin and Fentanyl Trafficking Operation in Washington CountyRead the Press Release
Baltimore – A federal grand jury today returned a third superseding indictment charging eight defendants with federal charges related to a conspiracy to distribute controlled substances, specifically fentanyl and/or heroin in Washington County, Maryland. The third superseding indictment adds two additional defendants. The third superseding indictment alleges that the defendants conspired to distribute enough fentanyl to kill at least 600,000 people, and possessed firearms in furtherance of the drug conspiracy. The following defendants are charged in the third superseding indictment:
Christopher Scott Benton, a/k/a Brisco, age 30, of Hagerstown, Maryland;
Jarvis Antonio Coleman-Fuller, age 32, of Hagerstown;
Sirage Ekwan Carter Delaney, a/k/a Drama, age 41, of Hagerstown;
Eric Tyrell Johnson, a/k/a E, age 36, of Owings Mills, Maryland;
Michael Eugene Lyles, a/k/a Big Mike, age 45, of Frederick, Maryland;
Jeroam Edwin Nelson, Jr., a/k/a Boob, age 30, of Hagerstown;
Thamar J. Smith, a/k/a SK and Skoal, age 46, of Hagerstown; and
Philander Alexander Spruill, a/k/a Buddha, age 28, of Hagerstown.The third superseding indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration, Baltimore District Office; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; Washington County Sheriff Douglas Mullendore; Chief Paul “Joey” Kifer of the Hagerstown Police Department; and Washington County State’s Attorney Charles P. Strong, Jr..
According to the 14-count indictment, beginning in about April 2019 and continuing to about September 2019, the defendants conspired to distribute heroin and/or fentanyl in the Washington County area. During the course of the investigation, law enforcement seized narcotics, including at least 1.2 kilograms of fentanyl, four firearms and ammunition, and at least $16,223 in cash. All of the defendants are charged with being members of the conspiracy. Smith, Johnson, Spruill, Nelson, and Coleman-Fuller are charged with possession with intent to distribute fentanyl and/or heroin; Johnson, Spruill, Nelson, and Coleman-Fuller are charged with being felons in possession of a firearm and/or ammunition; Spruill and Coleman-Fuller are charged with possession of a firearm in furtherance of a drug trafficking crime; and Coleman-Fuller is charged with possession of body armor by a violent felon.
If convicted, Benton, Nelson, and Spruill face a mandatory minimum sentence of at least 10 years in federal prison and up to life in prison for the drug charges; Coleman-Fuller, Delaney, Johnson, Lyles, and Smith all face a mandatory minimum sentence of at least five years in federal prison and up to 40 years in prison for the drug charges; Coleman-Fuller, Nelson, and Spruill each face a maximum sentence of 10 years in federal prison for being felons in possession of firearms and/or ammunition; Johnson faces a mandatory minimum sentence of at least 15 years in federal prison and up to life in prison for being a felon in possession of a firearm; and Coleman-Fuller and Spruill face a mandatory minimum of five years in federal prison, consecutive to any other sentence, and up to life in federal prison for possession of a firearm in furtherance of a drug trafficking crime. Coleman-Fuller also faces a maximum of three years in federal prison for possession of body armor by a violent felon. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
No initial appearance has been scheduled for Delaney and Lyles.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
Edward Melvin Ware, a/k/a Eddie, age 33, of Edgewater, Maryland and his twin brother, Tyler Lee Ware, a/k/a Bugsy, age 33, of Hagerstown, who were charged in the second superseding indictment, have each pleaded guilty to conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl. Edward Ware pleaded guilty today and his brother pleaded guilty on October 28, 2020.
According to their plea agreements, from at least April 2019 through November 2019, the Wares were members of a drug trafficking organization (DTO) that operated in Hagerstown and elsewhere, distributing kilogram quantities of fentanyl and heroin, which DTO members acquired from sources of supply in Baltimore, New York City, and Mexico. DTO members, including Tyler Ware, also possessed firearms and ammunition in furtherance of their drug trafficking activity.
In June 2019, the Washington County Narcotics Task Force learned that the Wares were two of the primary retail distributors of narcotics for the DTO and were being supplied by at least three different wholesalers associated with the DTO. Law enforcement officers witnessed Tyler Ware and Edward Ware engaging in drug-related transactions with two of their wholesale suppliers and overheard numerous conversations with DTO members during which they discussed suppliers, types, amounts, and prices of narcotics; the locations, size, and pace of narcotics transactions; and the storage and disposition of narcotics, proceeds, and distribution paraphernalia.
As detailed in his plea agreement, between June 13 and June 23, 2019, Eddie Ware was overheard discussing plans to sell at least 23 grams of fentanyl and discussing at least $7,475 in narcotics proceeds. During the same time frame, Tyler Ware was overheard discussing plans to sell at least 55 grams of fentanyl and at least $3,925 in narcotics proceeds. It was reasonably foreseeable to the Wares that the conspiracy would involve—during this 10-day period alone—at least 94 grams of fentanyl.
The Wares face a mandatory minimum sentence of five years and a maximum of 40 years in prison for the conspiracy. U.S. District Judge Deborah K. Chasanow has scheduled sentencing for Edward on March 9, 2021 and for Tyler on February 16, 2021 at 10:00 a.m.
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. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing; 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.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
United States Attorney Robert K. Hur commended the DEA, HSI, the Washington County Narcotics Task Force, and the Washington County State’s Attorney’s Office for their work in the investigation, and thanked the Baltimore County State’s Attorney’s Office for its assistance. Mr. Hur thanked Assistant U.S. Attorneys Jeffrey J. Izant and Christina A. Hoffman, who are prosecuting this case.
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Three Members of Gardena Street Gang Charged in Federal Racketeering Case Alleging Murder of Man Outside His HomeRead the Press Release
LOS ANGELES – Three members of a Gardena street gang that operates in several states under the control of the Mexican Mafia, have been charged in federal court with violent crime in aid of racketeering for allegedly participating in a shooting that resulted in the death of a 29-year-old man who was gunned down in front of his home.
One of the defendants, Jesus Francisco Hernandez, was taken into custody this morning by special agents with Homeland Security Investigations. Hernandez is scheduled to make his initial appearance this afternoon in United States District Court in Los Angeles.
The three defendants are charged in a criminal complaint alleging they participated in the November 13 murder of the victim, who is identified in court papers as “E.C.” The charged defendants, all residents of Gardena, are:
- Jesus Hernandez, a.k.a. “Rowdy, 27;
- Antonio Yanez, a.k.a. “Tank,” 22, who is currently in state custody; and
- Justin Arteaga, a.k.a. “Hitta,” 20, who also is currently in state custody.
A fourth man who allegedly participated in the attack – G. Hernandez, who is Jesus Hernandez’s older brother and who is described in court papers as a longtime documented gang member – was shot by E.C.’s father during the November 13 incident and later died at a hospital.
According to the affidavit in support of the criminal complaint, E.C. and his brother were seated in parked car near their driveway when they were confronted by three men on foot – G. Hernandez, Yanez and Arteaga. E.C.’s brother told the men they were not affiliated with a gang and they were simply in front of their longtime home. As the men neared the parked car, E.C. stepped out of the vehicle while his brother texted their father, asking him to bring his gun outside because of the escalating situation.
The affidavit alleges that G. Hernandez swung at E.C., who swung back, and all three assailants pulled out guns and began shooting. The father saw the text message and soon after heard approximately 15-20 gunshots. The father came out to the car and saw G. Hernandez approximately 50 yards down the street. G. Hernandez began shooting at the father, who returned fire and struck G. Hernandez. One of the other gunman also fired at the father after G. Hernandez fell to the ground.
Police and paramedics responded to the scene, where they treated E.C., but he died soon after as a result of the 10 gunshot wounds he suffered. G. Hernandez, who was found lying on the street with gunshot wounds to his head and chest, was brought to a hospital, where he died several days later.
Soon after the shooting, Gardena Police officers arrested J. Hernandez and Yanez in the backyard of a nearby residence. Responding officers also recovered four 9mm handguns, three of which were “ghost guns” with no serial numbers.
Arteaga was arrested on November 17 at Los Angeles International Airport as he was preparing to board a one-way flight to Guadalajara, Mexico. He was wearing the same hat he was seen wearing on security video taken the night of the shooting, according to the affidavit.
Yanez and Arteaga initially were charged by the Los Angeles County District Attorney’s Office, which has dismissed those charges in light of the federal racketeering case. Jesus Hernandez was not charged after he was detained by local authorities.
The federal complaint alleges that the murder of E.C. was committed to further the power of the Gardena 13 street gang, which is described in the affidavit as a criminal enterprise that has documented membership in California, Nevada, Texas, Hawaii and Rosarito, Mexico. The Gardena Police Department believes the gang distributes narcotics, primarily methamphetamine, both locally and in Hawaii.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The violent crime in aid of racketeering offense alleged in the complaint carries a statutory maximum sentence of the death penalty or life in federal prison because victim E.C. was murdered.
This matter is being investigated by Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Gardena Police Department.
This case is being prosecuted by Assistant United States Attorney Joseph D. Axelrad of the Violent and Organized Crime Section.
Temple Woman Sentenced to more than 15 Years in Federal Prison for Possessing and Distributing Child PornographyRead the Press Release
In Waco today, a federal judge sentenced 33-year-old Temple, Texas resident Lydia Brynn Christensen to 188 months in federal prison for possessing and distributing images and videos depicting the sexual exploitation of children including those of a female child under the age of two, announced U.S. Attorney Gregg N. Sofer; FBI Special Agent in Charge Christopher Combs, San Antonio Division; and Temple Police Chief Shawn Reynolds.
In addition to the prison term, U.S. District Judge Alan Albright ordered that Christensen pay $11,000 in restitution to her victims and be placed on supervised release for a period of 10 years after completing her prison term.
On June 2, 2020, Christensen pleaded guilty to one count of possession of child pornography and one count of distribution of child pornography.
According to court records, authorities executed a federal search warrant at the defendant’s residence on August 30, 2019, based on information they had received about the contents of her cell phone. During the search, authorities seized the phone. A forensic search of the phone revealed the presence of numerous images and videos depicting child pornography, including those of a female child under the age of two engaged in sexually explicit conduct with an adult male. Also, authorities discovered numerous communications on the phone whereby Christensen had solicited, transmitted and received child pornography.
The FBI and the Temple Police Department Special Crimes Unit conducted this investigation. Assistant U.S. Attorney Greg Gloff prosecuted this case on behalf of the government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Syracuse-Area Brothers Sentenced to Prison for Conspiracy to Traffic in Contraband Cigarettes and Money LaunderingRead the Press Release
SYRACUSE, NEW YORK – Jamal Hassan, age 42, of Liverpool and Saddam Hassan, age 39, of East Syracuse were sentenced yesterday for conspiring to traffic in contraband cigarettes. Jamal Hassan was also sentenced yesterday for his guilty plea to one count of conspiracy to commit money laundering. The announcement was made by Acting United States Antoinette T. Bacon, Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), Jonathan D. Larsen, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation (IRS-CI)-New York Field Division, Commissioner Michael R. Schmidt, New York State Department of Taxation and Finance, Chief Terence A. Monahan, New York City Police Department, and Chief Kenton Buckner, City of Syracuse Police Department
Senior Judge Norman A. Mordue sentenced Jamal Hassan to serve 30-months in prison and ordered a three-year term of supervised release to follow. Senior Judge Mordue sentenced Saddam Hassan to serve 24- months in prison and a three-year term of supervised release. Senior Judge Mordue ordered both defendants to pay $1,117,080 in restitution to New York State, which represents the tax loss from the sale of the contraband cigarettes. Additionally, the court imposed a $400,000 money judgment against both defendants.
In pleading guilty the Hassan brothers admitted that they conspired to possess, sell, distribute, and purchase over 5 million contraband cigarettes. During searches at their residence and at a storage facility rented by Jamal Hassan and used by Saddam Hassan, law enforcement officers seized over 250,000 contraband cigarettes and over 760 counterfeit New York State tax stamps. The Hassan brothers further admitted that they sold contraband cigarettes to markets and deli stores in the Syracuse area resulting in a loss of tax revenue to New York State in the amount of $1,117,080.
This case was investigated by Homeland Security Investigation (HSI) Buffalo Field Office; Internal Revenue Service-Criminal Investigation; the New York City Police Department (Intelligence Bureau-Strategic Intelligence Unit); the New York State Department of Taxation and Finance; the Oswego County Drug Task Force; and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Tamara B. Thomson.
St. Francis Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Abusive Sexual Contact was sentenced on November 30, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Abraham Joseph Crane, a/k/a Abraham Joseph Pretty Voice, a/k/a Sam Crane, age 65, was sentenced to time served through January 5, 2021, equal to approximately 18 months in custody, 10 years of supervised release, $1,462.71 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Crane was indicted by a federal grand jury on May 14, 2019. He pled guilty on September 14, 2020.
The conviction stemmed from an incident that occurred between August 1, 2018, and November 16, 2018, in Todd County, South Dakota, wherein Crane did knowingly engage in sexual contact with a person who was incapable of appraising the nature of the conduct.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Crane was immediately turned over to the custody of the U.S. Marshals Service.
Six Defendants Indicted for Fraud and Money Laundering Scheme that Operated Seven “Birth Houses” in Suffolk CountyRead the Press Release
Earlier today, at the federal courthouse in Central Islip, an indictment was unsealed charging Ibrahim Aksakal, Indicted Co-conspirator #1, Enes Burak Cakiroglu and Sarah Kaplan with conspiring to commit visa fraud, health care fraud, wire fraud and money laundering, and Fiordalisa Marte and Edgar Rodriguez with conspiring to commit health care fraud, wire fraud and money laundering, for their participation in a so-called “birth tourism” scheme in Suffolk County between approximately 2017 and 2020. The scheme facilitated pregnant Turkish women fraudulently entering the United States using tourist and business visas to give birth so that their children would obtain birthright citizenship and medical benefits.
Five of the defendants were arrested this morning and will be arraigned this afternoon before Magistrate Judge Steven I. Locke. One defendant remains at large.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York; Timothy D. Sini, District Attorney for Suffolk County; Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations (HSI), and Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), announced the arrests and the indictment.
As alleged in the Indictment, from at least January 2017 to the September 2020, the defendants advertised a birth tourism scheme on two Turkish-language Facebook pages, www.facebook.com/ bebegimamerikadadogsun and www.facebook.com/amerikadadogum.org, and a Turkish-language website https://amerikadadogum.org. Translated into English, “bebegimamerikadadogsun” means “My baby should be born in America,” and “amerikadadogum” means “Giving Birth in America.” As translated, some of the defendants’ advertisements stated, “If you believe your baby should be born in the USA and become a U.S. citizen then you are at the right place. . . . [W]e at ‘Bebegim Amerika Dogsun’ . . . will provide future mothers and fathers this opportunity, with minimal costs . . . .” The advertisements further stated that fees paid by pregnant women – approximately $7,500 nearly all in cash – would include transportation, “insurance” to cover the costs of pre-natal, delivery and post-natal medical care, assistance with the process for applying for United States citizenship on behalf of children born in connection with the scheme and consultation in Turkish concerning health care issues. The defendants also allegedly instructed the women to conceal their pregnancies.
As alleged in the indictment and court filings, the pregnant women were housed in one of seven “birth houses” that the defendants maintained in Center Moriches, Dix Hills, East Northport, East Patchogue, Smithtown and West Babylon, New York. Defendants Aksakal, Indicted Co-conspirator #1, Cakiroglu and Kaplan facilitated the lodging and transportation of the pregnant women. Marte and Rodriguez, who were professionally trained and certified to assist individuals to apply for health coverage, obtained the purported “insurance” which was actually Medicaid benefits, by submitting fraudulent Medicaid applications on behalf of the pregnant women.
As a result of the defendants’ scheme, the indictment alleges that Medicaid disbursed more than $2.1 million in fraudulently-obtained benefits, and estimates that the defendants’ received approximately $750,000 in fees from the pregnant women, a portion of which was funneled to one or more bank accounts in Turkey.
“Using Internet ads, the defendants perpetrated an international fraud that relied upon a parade of women who paid them thousands of dollars in fees in order to enter the United States under false pretenses, to give birth here. The defendants cashed in on the desire for birthright citizenship, and the American taxpayer ultimately got stuck with the $2.1 million bill,” stated Acting United States Attorney DuCharme. “The indictment unsealed today reinforces the principle that American citizenship is not for sale, and that our benefits programs are not piggy banks for criminals to plunder.”
Mr. DuCharme expressed his grateful appreciation to the United States Department of Health and Human Services, United States Department of State, Diplomatic Security Service, New York State Department of Health and the Office of the Medicaid Inspector General for their assistance during the investigation.
“This is a brazen birth tourism scheme in which the defendants not only violated our nation's immigration laws, but went a step further, sticking the taxpayers of Suffolk County with the bill for their scam by stealing millions of dollars from the Medicaid program,” stated District Attorney Sini. “Medicaid is designed to help people in need – not to be used as a slush fund for criminals to subsidize their fraudulent schemes, which is precisely what these defendants did. Let the message be clear: federal and local law enforcement will continue to work together to protect the residents of Suffolk County.”
“This international criminal organization operated a fraud scheme to exploit women and their newborns” stated HSI Special Agent-in-Charge Fitzhugh. “Birth tourism is dangerous, inhumane and diverts precious community resources to the coffers of criminals. HSI’s collaborative efforts and extraordinary partnership with the Suffolk County District Attorney’s Office and the U.S. Attorney’s Office, Eastern District of New York, has led to multiple criminal arrests around the county today. Those arrested today are charged with fraud and money laundering, and now may instead find themselves touring the inside of a federal prison.”
“Our Suffolk County Police Department detectives uncovered a birth tourism scheme and thanks to their tenacity and the countless hours dedicated to investigating the intricacies of the scheme, a case came together and six individuals are now being held responsible for their roles in this conspiracy,” stated SCPD Commissioner Hart. “This indictment should send a message to others exploiting birth tourism—bilking the system and swindling our residents is not tolerated here in Suffolk. Together, with the Eastern District of New York, the Suffolk County District Attorney’s Office, and Homeland Security Investigations along with assistance from other state agencies, this operation has been halted and those responsible are being held accountable.”
The charges announced today are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants face a maximum sentence of 20 years’ imprisonment.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Bradley T. King and Oren Gleich and Special Assistant United States Attorneys Jeremy Glicksman and Joseph Conley are in charge of the prosecution.
The Defendants:
IBRAHIM AKSAKAL (also known as “Dennis”)
Age: 48
East Patchogue, New YorkENES BURAK CAKIROGLU
Age: 24
East Patchogue, New YorkSARAH KAPLAN (also known as “Hatun Kaplan” and “Hatin Kaplan)
Age: 46
Center Moriches, New YorkFIORDALISA MARTE (also known as “Lisa”)
Age: 41
Lindenhurst, New YorkEDGAR RODRIGUEZ (also known as “Eddie”)
Age: 48
Farmingville, New YorkE.D.N.Y. Docket No. 20-CR-400 (JS)