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Monday 23 November 2020
Jacksonville Man Convicted of Distribution of Drugs Resulting in Death and Firearms OffensesRead the Press Release
RALEIGH, N.C. – A federal jury convicted a Jacksonville man on charges of distribution of heroin resulting in death, two counts of possessing a firearm while a felon, possession of a firearm in furtherance of a drug trafficking crime, three counts of distribution of heroin and/or crack, and three counts of possession with intent to distribute heroin, fentanyl, and crack.
According to court records and evidence presented at trial, Randon Austin Jenkins, 37, provided heroin to a victim who died shortly thereafter of a heroin overdose. After the victim was discovered, detectives located bags of heroin marked with a unique stamp in the victim’s bedroom. Detectives utilized informants, cell phone evidence, and other evidence to connect Jenkins to those stamped heroin bags. They were able to search Jenkins house just two weeks later and located those same stamped heroin bags in his house. Detectives also located guns and other drugs in the house as well as conducted multiple controlled purchases of drugs from the defendant over the course of the ensuing months.
Jenkins faces a mandatory sentence of life imprisonment due to the severity of his criminal history when sentenced during the week of February 22, 2021.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina, made the announcement after United States District Judge James C. Dever III accepted the verdict. Jacksonville Police Department, Onslow County Sheriff’s Office and the Federal Bureau of Investigation assisted in this investigation. Assistant U.S. Attorney Laura Howard prosecuted the case.
A copy of this press release is located on our website. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No 7:18-CR-0006-D.
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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.
Huntington Felon Sentenced to Prison for Possessing FirearmsRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Mike Stuart today announced that Matthew Thacker, 39, of Huntington, was sentenced to 24 months in federal prison for being a felon in possession of a firearm.
Thacker previously pled guilty and admitted that on November 14, 2018, officers with the Huntington Police Department executed a search warrant at his residence at 315 Oak Street in Huntington. Officers located two firearms in Thacker’s home. Thacker told officers he knew he could not legally possess the firearms but he was afraid of being robbed. Thacker was prohibited from possessing a firearm under federal law because of a 2014 conviction for the felony offenses of aggravated battery and aggravated assault in Pinellas County, Florida.
The Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
This case was prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:20-cr-00016.
Follow us on Twitter: SDWVNews and USAttyStuart
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Grand Jury - November 2020Read the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 16 unsealed Indictments charging 16 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Howard Taylor Bassette, III, age 40 of Winnebago, is charged in a three-count Indictment. Count I charges Bassette with aggravated sexual assault by force or threat on November 9, 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment. Count II charges Bassette with sexual abuse of an incapable victim. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment. Count III charges Bassette with incest on November 9, 2020. The maximum possible penalty if convicted is 4 years’ imprisonment, a $250,000 fine, a two-year term of supervised release, and a $100 special assessment.
* Jon T. Bogart, age 59, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges Bogart with attempted receipt of child pornography on October 21, 2019, through on or about August 14. 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment and $35,000 in additional penalties. Count II charges Bogart with possessing child pornography on August 14, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment and $17,000 in additional penalties.
* Juan Burnell, age 33, of Omaha, is charged in a three-count Indictment. Count I charges Burnell with distribution of visual depictions of minors engaging in sexually explicit conduct on June 20, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment and $17,000 in additional penalties. Count II and III charge Burnell with possession of child pornography June 20, 2020 and August 1, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment and $17,000 in additional penalties.
* Dione T. Carter, Jr., age 21, of Omaha, is charged in a two-count Indictment. Count I charges Carter with possession of a firearm following a conviction of a misdemeanor crime of domestic violence on or about September 23, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Carter with possession with intent to distribute methamphetamine on September 23, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Samuel O. Dick, age 31, of Macy, Nebraska, is charged in a two-count Indictment. Count I charges Dick with assault of an intimate partner by strangulation on October 20, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Dick with assault with a dangerous weapon with intent to do bodily harm on October 9, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Jonathan Fair, age 39, of Lincoln, Nebraska, is charged with a false statement to Government Agency on or about December 15, 2015. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Ernesto Guerrero Zarraga, age 19, of Wood River, Nebraska, is charged in a five-count Indictment. Count I charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) on May 1, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine on August 22, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, three-year term of supervised release, and a $100 special assessment. Count III charges the defendant with felon in possession of a firearm during drug trafficking crime on or about August 22, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count IV charges the defendant with possessing a firearm during drug trafficking crime on or about August 22, 2020. The maximum possible penalty if convicted is life imprisonment consecutive to the possession charges, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count V charges the defendant with possession with intent to distribute marijuana on August 22, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, one-year term of supervised release, and a $100 special assessment.
* Malik Akeem Jones, age 23, of Lincoln, Nebraska, is charged with a false statement during the purchase of a firearm on or about June 26, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Juan Ramos Ciprian, a/k/a Juan Alonzo-Alvarez, age 40, is charged with reentry of a removed alien after having been convicted of a felony on or about July 23, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Camron A. Rogers, age 21, of Omaha, is charged with a felon in possession of ammunition on or about October 22, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Pradish Jehan Selvaraj, age 35, of Omaha, is charged with coercion and enticement of a minor on October 27, 2020 through on or about November 4, 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment and $5,000 in additional penalties.
* Thomas J. Trouba, age 26, is charged in a two-count Indictment. Count I charges Trouba with conspiracy to distribute and possession with intent to distribute marijuana on an unknown date in 2016 to on or about September 18, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, two-year term of supervised release, and a $100 special assessment. Count II charges Trouba with possession with intent to distribute marijuana on September 18, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, two-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about September 18, 2020.
* Chandler J. Tuttle, age 19, of the Santee Sioux Nation Indian Reservation, is charged with assault resulting in serious bodily harm on October 25, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Cornell Williams, age 48, of Omaha, is charged with a felon in possession of a firearm on or about September 4, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Katherine L. Woitaszewski, age 34, of West Point, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with felon in possession of a firearm on or about October 28, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession of a stolen firearm on or about October 28, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Jose De Jesus Zazueta-Cano, age 44, is charged with possession with intent to distribute 5 grams or more of methamphetamine (actual) on May 1, 2019. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute 500 grams or more of methamphetamine on November 4, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about November 4, 2020.
Former Purdue Professor Sentenced for Scheme to Defraud the National Science FoundationRead the Press Release
HAMMOND – Dr. Qingyou Han, 62, of West Lafayette, Indiana, formerly a Purdue University professor and the Director of its Center for Materials Processing Research, was sentenced today to 2 years’ probation by U.S. District Court Judge Philip P. Simon. Dr. Han’s wife, Lu Shao, 54, of Lakewood, Ohio, was also sentenced, on behalf of her company Hans Tech, LLC (“Hans Tech”), to 2 years’ probation. Both Dr. Han and Hans Tech previously pled guilty to the criminal felony offense of wire fraud, in violation of 18 U.S.C. § 1343. Together the defendants were ordered jointly and severally liable to pay $1,651,996 in restitution; $1,351,996 to National Science Foundation and $300,000 to the Indiana Economic Development Corporation, which had provided Dr. Han and Hans Tech with a matching grant in that amount. Dr. Han was also ordered to perform 200 hours of community service and pay a $25,000 fine.
"The National Science Foundation's (‘NSF’s’) Small Business Innovation Research (‘SBIR’) program provides small businesses with funding to conduct research and development work that will lead to the commercialization of innovative new products and services. Today’s sentence serves as a reminder that fraud in the SBIR Program will not be tolerated,” stated NSF Inspector General Allison Lerner. “The NSF Office of Inspector General (‘OIG’) remains committed to ensuring the integrity of the SBIR program and will actively pursue oversight of these taxpayer funds. I commend the U.S. Attorney’s Office for its support in this effort.”
The charging documents to which the defendants pled guilty allege that Dr. Han devised a scheme to defraud NSF into giving Hans Tech over $1.3 million in research grants through its SBIR and Small Business Technology Transfer (“STTR”) programs by making materially false and fraudulent pretenses, representations, promises and material omissions. In pleading guilty, Dr. Han, individually, and Ms. Shao on behalf of Hans Tech, acknowledged that the purpose of the scheme was to obtain grant funds allocated for research and to use some or all of those funds for other purposes, including to pay personal expenses or for the enrichment of Dr. Han, Ms. Shao, or their children. Hans Tech also received $300,000 in matching grant funds from the Indiana Economic Development Corporation, based upon some of the NSF SBIR/STTR awards. Prior to sentencing, Judge Simon ruled that loss in this case was over $1.6 million, or the total amount of the grants awarded to Hans Tech.
This case was prosecuted as a result of an investigation by National Science Foundation Office of Inspector General (NSF OIG) with assistance from the Internal Revenue Service, the Federal Bureau of Investigation, and the Michigan City Police Department. This case was prosecuted by Assistant United States Attorney Jill Koster and NSF OIG Investigative Attorney Sonia Khanzode. Ms. Khanzode was designated by U.S. Attorney Thomas Kirsch to serve as a Special Assistant United States Attorney in this case.
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Former Most Wanted Fugitive Sentenced to 36 Months in Prison for Multi-Million Dollar Health Care FraudRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Etienne Allonce, the former co-owner of Medical Solutions Management, Inc. (MSM), a durable medical equipment supplier in Hicksville, New York, was sentenced by United States Circuit Judge Joseph F. Bianco to 36 months’ imprisonment for health care fraud. The Court also ordered Allonce to pay $4,444,468 in restitution. Allonce pleaded guilty in April 2019. In September 2018, Allonce was expelled from Haiti where he had fled 11 years earlier shortly before his indictment in the Eastern District of New York. Prior to his return to the United States, Allonce was placed on the Most Wanted List of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG).
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, Scott Lampert, Special Agent-in-Charge, Health and Human Services-Office of Inspector General, New York Region (HHS-OIG), and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.
“Allonce ran, but ultimately could not hide from the consequences of fleecing Medicare and Medicaid out of millions of dollars at taxpayers’ expense,” stated Acting United States Attorney DuCharme. “The defendant may have delayed the inevitable, but he has now faced justice for breaking the law.”
“Our watchdog agency is dedicated to investigating those responsible for health care fraud, including this former Most Wanted health care fugitive, who stole taxpayer money meant to pay for legitimate patient care,” stated HHS-OIG Special Agent-in-Charge Lampert. “Working closely with our law enforcement partners, our agents will continue to hold such fraudsters accountable for their crimes.”
Between April 2003 and March 2007, Allonce, and his wife and MSM co-owner Michel Allonce, submitted approximately $10 million in false claims to Medicare and Medicaid, seeking payment for medical supplies never ordered by MSM and never delivered to patients at nursing homes. Etienne Allonce fled the United States just hours before federal agents arrested his wife in 2007.
Michel Allonce was tried and convicted by a jury in August 2012. She was sentenced in April 2013 to 12 years’ imprisonment, and ordered to forfeit $1.3 million seized by the government.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Charles P. Kelly, Burton T. Ryan, Jr. and Madeline O’Connor are in charge of the prosecution.
The Defendant:
ETIENNE ALLONCE
Age: 56
Port au Prince, HaitiE.D.N.Y. Docket No. 07-CR-889 (JFB)
Former Background Investigator for Federal Government Pleads Guilty to Making a False StatementRead the Press Release
WASHINGTON – Michael Johnson, 43-years old, a former background investigator who did work under contract for the Defense Counterintelligence and Security Agency (DCSA), pled guilty today to a charge stemming from his falsification of work on background investigations of federal employees and contractors, announced Acting U.S. Attorney Michael R. Sherwin.
Johnson, of Columbia, Missouri, pled guilty in the U.S. District Court for the District of Columbia to making a false statement. The Honorable Trevor N. McFadden scheduled sentencing for February 9, 2021. The charge carries a statutory penalty of up to five years in prison and a fine of up to $250,000.
According to a statement of offense submitted to the Court, Johnson was employed by CACI, a private entity that had a contract to supply background investigative services to DCSA on behalf of the Office of Personnel Management’s Federal Investigative Services, which now is known as OPM’s National Background Investigations Bureau. Johnson admitted that, between approximately April 2015 and February 2016, he submitted roughly 65 Reports of Investigations on background investigations, in which he falsely represented that he had interviewed a source or reviewed a record regarding the subject of the background investigation. In fact, Johnson had not conducted the interviews or obtained the records of interest. These reports were utilized and relied upon by the agencies requesting the background investigations to determine whether the subjects were suitable for positions having access to classified information, for positions impacting national security, for receiving or retaining security clearances, or for positions of public trust.
The false representations by Johnson have required OPM and DCSA to reopen and rework numerous background investigations that were assigned to him during the time period of his falsifications, at an estimated cost of at least $254,555.92 to the U.S. government.
OPM has a robust integrity assurance program which utilizes a variety of methods to ensure the accuracy of reported information. The falsification of investigative case work by the defendant was detected through the program.
This is one of numerous cases prosecuted by the U.S. Attorney’s Office for the District of Columbia since 2008 involving false representations by background investigators and record checkers working on federal background investigations. In addition to Johnson, more than 25 other background investigators have been convicted of charges.
This matter was investigated by the DCSA Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Bianca Forde of the Public Corruption and Civil Rights Section.
For-Profit Trade School Owner Charged with Defrauding VA, Student VeteransRead the Press Release
The owner of a for-profit trade school has been charged with defrauding the U.S. Department of Veterans Affairs and student veterans, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Jonathan Dean Davis, the 43 year-old owner of Retail Ready Career Center, was indicted Wednesday on seven counts of wire fraud, two counts of aggravated identity theft, and four counts of money laundering. Mr. Davis voluntarily surrendered and made his initial appearance before U.S. Magistrate Judge Rebecca Rutherford Monday.
According to the indictment, Mr. Davis owned and operated Retail Ready Career Center, Inc., a for-profit corporation that marketed its six-week HVAC training course to veterans, whose tuition and fees would be covered by the Veteran’s Educational Assistance Act of 2008, also known as the post-911 GI Bill.
In order to receive GI Bill approval and funding from the VA, Mr. Davis allegedly lied to the Texas Workforce Commission (TWC), the Texas Veterans’ Commission (TVC), and the VA, stating that Retail Ready had been continuously operating as an educational institution for at least two years, when in truth, Retail Ready had never trained any students. He also certified that there were no criminal or civil actions against him, when in fact he was facing a criminal charge and multiple civil judgements. He also mislead a CPA and lied to the TWC, the TVC, and the VA about Retail Ready’s financial condition.
Mr. Davis allegedly concealed Retail Ready’s fraudulently-obtained VA approval from veteran applicants, to whom he also allegedly misrepresented graduates’ career prospects.
Mr. Davis typically charged the VA $18,000 to $21,000 per student-veteran per course. In total, he received over $71 million in GI Bill benefits from the VA.
The indictment alleges that Mr. Davis used the proceeds from his fraud to purchase a home on Lake Forest Drive, in Dallas, Texas, a Lamborghini Aventador, Ferrari 488, and Bentley Continental GT.
An indictment is merely an allegation of criminal conduct, not evidence. Like all defendants, Mr. Davis is presumed innocent until proven guilty in a court of law.
If convicted, he faces up to 184 years in federal prison.
The VA’s Office of Inspector General conducted the investigation with the assistance of the Federal Bureau of Investigation’s Dallas Field Office and the United States Postal Inspection Service’s Fort Worth Field Office. Assistant U.S. Attorneys Douglas Brasher and Fabio Leonardi are prosecuting the case.
Florida and Tennessee Pain Clinic Owner Extradited from Italy to the United States to Face RICO ChargesRead the Press Release
A dual U.S.-Italian national was extradited from Italy to the United States on Nov. 20. The U.S. Marshals Service effectuated the transportation of the defendant from Lamezia Terme, Calabria to Knoxville, Tennessee.
Luigi Palma, 54, is a co-defendant of Sylvia Hofstetter, who, along with three medical providers, was convicted of numerous charges related to “pill mill” operations in Florida and Tennessee following a four-month trial earlier this year in Knoxville. Palma contested his extradition from Italy for approximately two years. The charges against Palma are varied, and reflect his alleged role in owning and operating pain clinics in South Florida and the Knoxville area over the course of several years. Included in those charges are a Racketeer Influenced and Corrupt Organization (RICO) conspiracy and a conspiracy to distribute oxycodone, oxymorphone, and morphine outside the scope of professional practice and not for a legitimate medical purpose.
Palma appeared before U.S. Magistrate Judge Debra C. Poplin in the Eastern District of Tennessee earlier today and entered a not-guilty plea to all charges. Palma waived his immediate right to a detention hearing and remains in the custody of the U.S. Marshals Service. Trial has been set for March 30, 2021, before U.S. District Judge Thomas A. Varlan.
This sweeping prosecution, which has resulted in approximately 140 convictions so far, is the result of an investigation by the U.S. Attorney’s Office for the Eastern District of Tennessee, the Criminal Division’s Organized Crime and Gang Section, and the FBI High Intensity Drug Trafficking Area, comprised of investigators assigned to the task force by the Loudon County Sheriff’s Office, Knoxville Police Department, Blount County Sheriff’s Office, Roane County Sheriff’s Office, Harriman Police Department, and Clinton Police Department.
Other agencies provided invaluable assistance, including the Rome Attaché of the Justice Department’s Office of International Affairs; FBI’s liaison in Rome; FBI’s Miami Field Office; the Hollywood, Florida, Police Department; the U.S. Department of Health and Human Services; the Tennessee Department of Health; and the U.S. Drug Enforcement Administration’s Knoxville Diversion Group. The Justice Department’s Office of International Affairs and FBI’s liaison in Rome were particularly instrumental in effectuating Palma’s extradition, as were Italian law enforcement agencies and prosecutors, including the Italian Ministry of Justice, Carabinieri Raggruppamento Operativo Speciale (ROS), and Interpol-Rome. The United States is particularly appreciative of their assistance.
The extradition of Palma was made possible by provisions of a treaty between the United States and Italy. The United States is grateful to the Italian authorities for their robust cooperation in this matter.
An indictment is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Assistant U.S. Attorney Tracy L. Stone and Deputy Chief Attorney Kelly Pearson and Trial Attorney Damare Theriot of the Criminal Division’s Organized Crime and Gang Section represent the United States in the prosecution of this case.
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.
Florida and Tennessee Pain Clinic Owner Extradited from Italy to the United States to Face RICO ChargesRead the Press Release
KNOXVILLE, Tenn. – A dual U.S.-Italian national was extradited from Italy to the United States on November 20. The U.S. Marshals Service effectuated the transportation of Luigi Palma from Lamezia Terme, Calabria to Knoxville, Tennessee.
Luigi Palma, 54, a co-defendant of Sylvia Hofstetter, who, along with three medical providers, were convicted of numerous charges related to “pill mill” operations in Florida and Tennessee following a four-month trial earlier this year in Knoxville. Palma contested his extradition from Italy for approximately two years. The charges against Palma are varied and reflect his alleged role in owning and operating pain clinics in South Florida and the Knoxville area over the course of several years. Included in those charges are a Racketeer Influenced and Corrupt Organization (RICO) conspiracy and a conspiracy to distribute oxycodone, oxymorphone, and morphine outside the scope of professional practice and not for a legitimate medical purpose.
On November 23, 2020, Palma appeared before the U.S. Magistrate Judge Debra C. Poplin in the Eastern District of Tennessee and entered not-guilty pleas to all charges. Palma waived his immediate right to a detention hearing and remains in the custody of the U.S. Marshals. Trial has been set for March 30, 2021, before U.S. District Judge Thomas A. Varlan.
This sweeping prosecution, which has resulted in approximately 140 convictions so far, results from an investigation by the U.S. Attorney’s Office for the Eastern District of Tennessee, the Criminal Division’s Organized Crime and Gang Section, and the FBI’s High Intensity Drug Trafficking Area, comprised of investigators assigned to the task force by the Loudon County Sheriff’s Office, Knoxville Police Department, Blount County Sheriff’s Office, Roane County Sheriff’s Office, Harriman Police Department, and Clinton Police Department.
The investigation that led to this prosecution, as described above, falls under the auspices of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Other agencies provided invaluable assistance, including the Rome Attaché of the Justice Department’s Office of Internal Affairs, FBI’s liaison in Rome, FBI’s Miami Field Office, the Hollywood Florida Police Department, U.S. Department of Health and Human Services, the Tennessee Department of Health, and the U.S. Drug Enforcement Administration’s Knoxville Diversion Group. The Justice Department’s Office of International Affairs and FBI’s liaison in Rome were particularly instrumental in effectuating Palma’s extradition, as were Italian law enforcement agencies and prosecutors, including the Italian Ministry of Justice, Carabinieri Raggruppamento Operativo Speciale (ROS), and Interpol-Rome. The United States is particularly appreciative of their assistance.
The extradition of Palma was made possible by provisions of a treaty between the United States and Italy. The United States is grateful to the Italian authorities for their robust cooperation in this matter.
An indictment is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Assistant U.S. Attorney Tracy L. Stone, Deputy Chief Attorney Kelly Pearson, and Trial Attorney Damare Theriot of the Criminal Division’s Organized Crime and Gang Section, U.S. Department of Justice, represented the United States in the prosecution of this case.
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Fifth Individual Charged in Health Care Kickback ConspiracyRead the Press Release
SHERMAN, Texas – A fifth individual has been indicted for conspiring to commit illegal remunerations in violation of the Anti-Kickback Statute in the Eastern District of Texas, announced U.S. Attorney Stephen J. Cox.
A federal grand jury, on Nov. 18, 2020, returned a superseding indictment charging Steven Churchill, 34, of Boca Raton, Florida, Samson Solomon, 23, of West Palm Beach, Florida, David Warren, 49, of Boca Raton, Florida, Daniel Stadtman, 66, of Allen, Texas, and Lydia Henslee, 29, of McKinney, Texas, each with one count of conspiracy to commit illegal remunerations.
According to the superseding indictment, the defendants are alleged to have conspired to pay and receive kickbacks in exchange for physicians’ orders that were used to submit claims for payment to federal health care programs. The conspirators obtained patient information, including protected health information and personally identifiable information, and used the information to create fictitious physicians’ orders. The conspirators then sold the physicians’ orders to each other and to other durable medical equipment providers. Within approximately eight months, the defendants collectively obtained more than $2.9 million in proceeds from the criminal scheme.
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by federally funded programs, including Medicare, Medicaid, and TRICARE. If convicted, the defendants each face up to five years in federal prison.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, U.S. Department of the Treasury, Internal Revenue Service, Criminal Investigation, and the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service. It is being prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld and Adrian Garcia.
It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
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Fifteen Members and Associates of the Philadelphia Mafia Indicted on Federal Racketeering and Related ChargesRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that a Superseding Indictment was unsealed today against 15 defendants, including alleged members and associates of the South Philadelphia and Southern New Jersey-based criminal organization La Cosa Nostra (LCN), known as the “mafia” or the “mob.” The Superseding Indictment charges various crimes including racketeering conspiracy, illegal gambling, loansharking, extortion, and drug trafficking.
The defendants charged in the seven-count Superseding Indictment are Steven Mazzone, aka “Stevie,” age 56; Domenic Grande, aka “Dom,” aka “Mr. Hopkins,” aka “Mr. Brown,” aka “Dom14,” age 41; Joseph Servidio, aka “Joey Electric,” age 60; Salvatore Mazzone, aka “Sonny,” age 55; Joseph Malone, age 70; Louis Barretta, aka “Louie Sheep,” age 56; Victor DeLuca, aka “Big Vic,” age 56; Kenneth Arabia, aka “Kenny,” age 67; Daniel Castelli, aka “Danny,” aka “Cozzy,” aka “Butch,” aka “Harry,” age 67; Carl Chianese, age 81; Anthony Gifoli, aka “Tony Meatballs,” age 73; John Romeo, age 58; Daniel Malatesta, age 75; Daniel Bucceroni, age 66; and John Michael Payne, age 34.
According to court documents, the Philadelphia LCN is one of a number of LCN organized crime families based in various cities throughout the United States. The purpose of the LCN in Philadelphia and elsewhere is to make money through the commission of various crimes, including illegal gambling, loansharking, drug trafficking, and extortion.
Like other LCN families, the Philadelphia LCN is operated through a defined hierarchical structure, including a Boss, an Underboss (defendant Steven Mazzone), and Captains (defendant Domenic Grande), who oversee “crews” consisting of “soldiers” and “associates.” As detailed in the Superseding Indictment, soldiers are members of the family who have been formally initiated through a ritual called a “making ceremony,” during which they swear allegiance to LCN above all else, take a vow of secrecy about the organization (the Code of Silence or “Omerta”), and agree to commit violence on behalf of the LCN, if necessary. After this ceremony, these men (who must be of 100% Italian ancestry) are then referred to as “made members” of the LCN. Associates are men who engage in criminal activity on behalf of LCN but who have not been formally “made,” either because they are up-and-coming and aspire to full membership, or because they are ineligible to be made because they lack fully Italian ancestry. Made members and associates who break Omerta may be targeted for death by other members of the group.
As described in the Superseding Indictment, the Philadelphia LCN sought to use its reputation and influence to exercise control over criminal rackets, like bookmaking and loansharking in Philadelphia and southern New Jersey, particularly Atlantic City. During a period beginning in August 2015, ten of the defendants allegedly conspired to conduct and participate in the affairs of the Philadelphia LCN through both a pattern of racketeering activity and through the collection of unlawful debts. The remaining five defendants are charged with allegedly committing a variety of other offenses, including conducting an illegal gambling business, conspiracy to make extortionate extensions of credit, and conspiracy to distribute controlled substances, in partnership with other members and associates of the Philadelphia LCN.
As alleged in the Superseding Indictment, on October 15, 2015, defendants Steven Mazzone, Domenic Grande and Salvatore Mazzone participated in a “making ceremony” (as detailed above) in a South Philadelphia residence, during which several new soldiers were inducted into the Philadelphia LCN. The Superseding Indictment goes on to describe the various acts allegedly committed by the defendants and others as members of the group, including the distribution of heroin, cocaine, fentanyl, methamphetamine and oxycodone pills; the disbursement and collection of tens of thousands of dollars of unlawful bookmaking and other debts “owed” to the group at interest rates as high as 400%; and even an alleged conspiracy to kidnap or murder a drug dealer in order to protect the reputation of the Philadelphia LCN after the dealer sold members of the group fake drugs.
“Thanks to the dedicated and courageous efforts of federal law enforcement over the past several decades, the Philadelphia mob isn’t what it used to be, and thank God for that,” said U.S. Attorney McSwain. “But it is still a problem and is still allegedly committing serious federal crimes, which is why we at the Department of Justice are focused on stamping it out. We will not rest until the mob is nothing but a bad memory.”
“The charges unsealed today against these 15 alleged members and associates of the Philadelphia La Cosa Nostra show that the mafia remains a criminal presence in our city and beyond,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “From loansharking and illegal gambling to drug trafficking and extortion, the mob continues to keep its fingers in many different pots, in its ceaseless quest for illegal profits. This group should’ve learned by now that the FBI is as committed to eradicating organized crime as wise guys are to embracing it.”
The case is being investigated by the FBI, including its Philadelphia Field Division and Atlantic City Resident Agency, as part of a long-running investigation, with the assistance of the Philadelphia Police Department, the Pennsylvania State Police and the Pennsylvania Office of the Attorney General. The case is being prosecuted by Assistant United States Attorney Jonathan Ortiz of the Eastern District of Pennsylvania and Trial Attorney Alexander Gottfried of the Department of Justice Criminal Division, Organized Crime and Gang Section.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Fifteen Members and Associates of Philadelphia La Cosa Nostra Indicted on Federal Racketeering ChargesRead the Press Release
A superseding indictment was unsealed today against 15 defendants, including alleged members and associates of the South Philadelphia and Southern New Jersey-based criminal organization La Cosa Nostra (LCN), popularly known as the ‘mafia’ or ‘mob.’ The superseding indictment charges various crimes including racketeering conspiracy, illegal gambling, loansharking, extortion, and drug trafficking.
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 Michael Driscoll of the FBI’s Philadelphia Field Office made the announcement.
The defendants charged in the seven-count superseding indictment are Steven Mazzone, aka “Stevie,” 56; Domenic Grande, aka “Dom,” “Mr. Hopkins,” “Mr. Brown,” and “Dom14,” 41; Joseph Servidio, aka “Joey Electric,” 60; Salvatore Mazzone, aka “Sonny,” 55; Joseph Malone, 70; Louis Barretta, aka “Louie Sheep,” 56; Victor DeLuca, aka “Big Vic,” 56; Kenneth Arabia, aka “Kenny,” 67; Daniel Castelli, aka “Danny,” “Cozzy,” aka “Butch,” aka “Harry,” age 67; Carl Chianese, age 81; Anthony Gifoli, aka “Tony Meatballs,” 72; John Romeo, 58; Daniel Malatesta, 75; Daniel Bucceroni, 66; and John Michael Payne, 33.
According to court documents, the Philadelphia LCN is one of a number of LCN organized crime families based in various cities throughout the United States. The purpose of the LCN in Philadelphia and elsewhere is to make money through the commission of various crimes, including illegal gambling, loansharking, drug trafficking, and extortion.
Like other LCN families, the Philadelphia LCN is operated through a defined hierarchical structure, including a Boss, an Underboss (Steven Mazzone), and Captains (Grande), who oversee “crews” consisting of “soldiers” and “associates.” As detailed in the superseding indictment, soldiers are members of the family who have been formally initiated through a ritual called a “making ceremony,” during which they swear allegiance to LCN above all else, take a vow of secrecy about the organization (the Code of Silence or “Omerta”), and agree to commit violence on behalf of the LCN if necessary. After this ceremony, these men (who must be of 100 percent Italian ancestry) are then referred to as “made members” of LCN. Associates are men who engage in criminal activity on behalf of LCN but who have not been formally “made,” either because they are up-and-coming and aspire to full membership, or because they are ineligible to be made because they lack fully Italian ancestry. Made members and associates who break Omerta are looked upon unfavorably as “rats” and may be targeted for death by other members of the group.
As described in the superseding indictment, the Philadelphia LCN sought to use its reputation and influence to exercise control over criminal rackets like sports bookmaking and loansharking operating in Philadelphia and southern New Jersey, particularly Atlantic City. During a period beginning in August 2015, 10 of the defendants allegedly conspired to conduct and participate in the affairs of the Philadelphia LCN through both a pattern of racketeering activity and through the collection of unlawful debts. The remaining five defendants are charged with allegedly committing a variety of other offenses, including conducting an illegal gambling business, conspiracy to make extortionate extensions of credit, and conspiracy to distribute controlled substances, in partnership with other members and associates of the Philadelphia LCN.
As alleged in the superseding indictment, on Oct. 15, 2015, defendants Steven Mazzone, Grande, and Salvatore Mazzone participated in a “making ceremony” (as detailed above) in a South Philadelphia residence, during which several new soldiers were inducted into the Philadelphia LCN. The superseding indictment describes the various acts allegedly committed by the defendants and others as members of the group including the distribution of heroin, cocaine, fentanyl, methamphetamine and oxycodone pills; the disbursement and collection of tens of thousands of dollars of unlawful bookmaking and other debts ‘owed’ to the group at interest rates as high as 400 percent; and even an alleged conspiracy to kidnap or murder a drug dealer in order to protect the reputation of the Philadelphia LCN after the dealer sold members of the group fake drugs.
The case is being investigated by the FBI’s Philadelphia Field Office and Atlantic City Resident Agency with the assistance of the Philadelphia Police Department, the Pennsylvania State Police and the Pennsylvania Office of the Attorney General. The case is being prosecuted by Trial Attorney Alexander Gottfried of the Criminal Division’s Organized Crime and Gang Section Assistant U.S. Attorney Jonathan Ortiz of the Eastern District of Pennsylvania.
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.
Felon arrested at Puyallup motel pleads guilty to drug and gun crimesRead the Press Release
Tacoma - A federal felon, arrested for violating his supervised release, faces new prison time following his guilty plea to drug and gun possession charges, announced U.S. Attorney Brian T. Moran. JOSHUA LOBBEN, 32, pleaded guilty today in U.S. District Court in Tacoma to possession of methamphetamine with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime. Both charges carry mandatory minimum terms of incarceration. LOBBEN is scheduled to be sentenced by U.S. District Judge Benjamin H. Settle on February 15, 2021.
According to the plea agreement and other records filed in the case, on April 29, 2020, LOBBEN was contacted by law enforcement as he left a Puyallup motel. An arrest warrant had been issued for LOBBEN for violations of his supervised release following a 2015 federal conviction for drug trafficking. LOBBEN had a stolen firearm in his waistband, and bags containing more than 6 pounds of methamphetamine, 3,000 fentanyl pills and smaller amounts of heroin and steroids. The bags also contained more than $64,000 in cash and a second loaded firearm. In his plea agreement, LOBBEN admits the firearms were for the furtherance of his drug trafficking activity.
Due to the amount of drugs in the case, LOBBEN faces a mandatory minimum ten years in prison. Possessing a firearm in furtherance of a drug trafficking crime is punishable by a mandatory minimum consecutive five-year sentence.
The case was investigated by the Drug Enforcement Administration (DEA) Tacoma Resident Office, the Lewis County Joint Narcotics Enforcement Team (JNET), and the Grays Harbor Drug Task Force (GHDTF).
The case is being prosecuted by Assistant United States Attorney Jonas Lerman.
Federal Prisoner Sentenced to 120 Months’ Imprisonment for AssaultRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Wesley Mark Smith, age 53, an inmate at the United States Penitentiary – Allenwood, White Deer, Pennsylvania, was sentenced on November 20, 2020, to 120 months’ imprisonment by U.S. District Court Judge Matthew W. Brann, for a prison assault resulting in serious bodily injury.
According to United States Attorney David J. Freed, Smith was convicted after a five-day trial in March 2020, for assaulting his cellmate by punching the victim about the face and head to the point of unconsciousness. After separating from the victim briefly at the direction of BOP staff, Smith reengaged by picking up a wheelchair located in the cell for the use of his cellmate and proceeding to bludgeon the face and chest of the prone and unconscious victim. The victim suffered severe injuries, including multiple facial fractures, intercranial subdural hemorrhage, brain herniation, complex nasal bone fractures, broken and missing teeth, and loss of a significant volume of blood.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Prisons. Assistant U.S. Attorneys Todd K. Hinkley and George Rocktashel prosecuted the case.
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Federal Grand Jury Indicts Buffalo Man for Threatening to Kill an Individual on Social MediaRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Samuel Mara, 24, of Buffalo, NY, with threats by interstate communications and cyberstalking. The charges carry a maximum penalty of five years in prison and a $250,000.
“Much as an act of violence is not a Constitutionally protected form of protest, neither actual threats of violence nor cyberstalking are Constitutionally protected forms of speech,” stated U.S. Attorney Kennedy. “Here, a federal grand jury has determined that the defendant’s actions in this case crossed the line from protected speech to prosecutable conduct.”
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment and a previously filed complaint, on June 6, 2020, the FBI and New York State Police began investigating a two (2) hour and ten (10) minute live stream video posted on Facebook Live. The video, apparently taken in front of the Buffalo Police Department -- C District Station, was live streamed by an individual identified as A.M., a close associate of Samuel Mara. In the video, a crowd is peacefully protesting, and at times, A.M. is heard commenting in the video. Defendant Mara is also seen sporadically throughout the video. Approximately 45 minutes into the video, several members of the crowd begin shouting, “hey hey, ho ho, [Victim 1] has got to go.”
Facebook users watching the live stream video posted comments, including information about a purported KKK rally which was allegedly scheduled to take place in downtown Buffalo on the following day. A.M. and defendant Mara are then heard discussing the rally. Mara can be heard saying: “Listen…what they’re gonna do is, they’re gonna drive themselves crazy outta’ all the overwhelming fear and one of them is (inaudible) gonna hurt us or kill us and that’s gonna start (inaudible) and then we gonna do whatever the (expletive) we want. It will happen, we are in power. They are scared. They will act off impulse and they will try to kill us, when they do that. Then they will all die. We will kill them all. I will personally kill [Victim 1].”
As alleged, through the months of June and July of 2020, the defendant continued to make threats directed toward the Victim, members of the Victim’s family, and others. Those threats were made both over social media accounts that defendant controlled as well as directly by defendant to other individuals.
The defendant was arraigned this morning before U.S. District Judge Jeremiah J. McCarthy and released on conditions.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Police, under the direction of Major James Hall; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty.
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Federal Felon Charged with Armed Robbery of Pensacola PublixRead the Press Release
PENSACOLA, FLORIDA – A federal grand jury returned a three-count indictment on Wednesday, November 18, 2020, charging Nathaniel O. Cox, 29, of Dallas, Texas, with Hobbs Act robbery, brandishing a Kel-Tec SUB-200 rifle during the commission of a crime of violence, and being a felon in possession of a firearm and ammunition. Lawrence Keefe, United States Attorney for the Northern District of Florida, and Escambia County Sheriff David Morgan announced the indictment today.
“I applaud the Escambia County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives for partnering to conduct a swift, seamless and thorough investigation into this violent crime,” said U.S. Attorney Keefe. “Cox wasn’t able to get far before he was apprehended, and now he will have to answer for his alleged crimes. Let this be a warning to any other individuals who may be thinking of engaging in criminal activities such as this: if you do, you will be caught and prosecuted to the fullest extent allowed by law.”
The federal indictment alleges that on October 22, 2020, at approximately 8:35pm, Cox entered the Publix grocery store located at 5998 Mobile Highway in Pensacola. He confronted a store manager and another employee, warning that he was armed and there to rob the store. The charging documents allege Cox then instructed them to take him to the money room. Once inside, it is alleged that Cox brandished his weapon and instructed the two employees along with a third inside the room to gather the money and place it in his backpack. The employees were then ordered to lie on top of each other and to count out loud or otherwise be shot. It is alleged that Cox then fled the Publix with the stolen money.
“It is an honor to partner with our federal brethren in identifying and arresting a violent felon,” said Escambia County Sheriff David Morgan. “We applaud the efforts of the U.S. Attorney’s Office in their consistent approach in prosecuting these dangerous criminals.”
The Escambia County Sheriff’s Office was the first to respond to and investigate the crime scene. Working in conjunction with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Sheriff’s Office was able to locate Cox at the Jacksonville International Airport and take him into custody without incident. Cox currently awaits transport by the United States Marshals Service from Jacksonville to Pensacola in order to answer to the charges.
“Our law enforcement partnerships play such a vital role in fighting violent crime and protecting the public,” said Craig W. Saier, Special Agent in Charge of the ATF Tampa Field Division. “We will continue working jointly with our partners to make our communities safer”.
The case is being prosecuted by Assistant United States Attorneys David L. Goldberg and Jenna H. Callahan. This case falls within the purview of the Project Safe Neighborhoods initiative, which brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to combat violent crime in the community.
If convicted, Cox faces up to 20 years’ imprisonment on the Hobbs Act robbery offense and up to life imprisonment for brandishing a firearm in commission of a crime of violence. Cox was previously convicted of a similar crime in the Middle District of Georgia in 2015.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt at trial.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Press Release - N. Cox Indictment - N. CoxEngineering Firm in Kansas to Pay $672,352 to Settle False Claims AllegationsRead the Press Release
KANSAS CITY, KAN. – KalScott Engineering, Inc., and its president, Thomas Sherwood, and Vice President Suman Saripalli, will pay $672,352 to settle allegations that the company submitted false claims to obtain grant funds from the Small Business Innovation Research and Small Business Technology Transfer Programs, U.S. Attorney Stephen McAllister said today.
KalScott Engineering, Inc. is located in Lawrence, Kansas.
The Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs are competitive programs that encourage American small businesses to engage in research on behalf of the federal government that has the potential for commercialization. Grant recipients must designate a principal investigator and key personnel who will work on the grant-funded project. Small businesses may subcontract a portion of the work to other entities, but the small business itself must perform a majority of the grant-funded work.
Between April 2012 and July 2015, KalScott received Small Business Innovation Research grants from the National Institutes of Health (NIH), the National Aeronautics and Space Administration (NASA), and the Air Force; the company received a Small Business Technology Transfer Program grant from the Navy.
The United States contends that the company wrongfully obtained grant funds from NASA and the Navy because KalScott designated Mr. Saripalli as a principal investigator when he was not eligible to serve in that role. In addition, it is alleged that KalScott did not perform a majority of work under the Air Force grant and that KalScott used different key personnel than it listed in its proposal to obtain the NIH grant.
“Recipients of federally-funded grants must adhere to the program requirements,” said U.S. Attorney Stephan McAllister. “This office welcomes the opportunity to assist NASA, the Air Force, Navy, and the Department of Health and Human Services Office of Inspector General to protect the government’s resources by identifying and pursuing those that wrongfully obtain grant funds.”
“SBIR/STTR program participants must accurately represent that they meet and will abide by the program’s compliance requirements,” said Special Agent-in-Charge, Mark. J. Zielinski, Eastern Field Office, NASA OIG. “Identifying attempts to circumvent the program requirements is one step in safeguarding access to limited government resources. The NASA Office of Inspector General (OIG), along with its law enforcement partners, will continue to aggressively investigate those individuals and entities that take advantage of the trust of the American taxpayers.”
This case was the result of an investigation by the NASA Office of Inspector General, the Naval Criminal Investigative Service, the Air Force Office of Procurement Fraud Investigations, the Department of Health and Human Services, Office of Inspector General, Office of Investigations, and the United States Attorney’s Office for the District of Kansas. Assistant United States Attorney Jon Fleenor handled the case.
The claims resolved by this agreement are allegations only, and there has been no determination of liability.
Dominican National Sentenced for Social Security Fraud and TheftRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston for Social Security fraud and theft of government money.
Jesus Barbosa Pimentel, 56, was sentenced by U.S. District Court Judge Denise J. Casper to 18 months in prison and two years of supervised release. He was also ordered to pay $47,762 in restitution and will face deportation proceedings. In September 2020, Barbosa Pimentel pleaded guilty to one count of unlawful reentry, one count of false representation of a Social Security number and two counts of theft of government money. He was arrested and charged in June 2019.
On Oct. 7, 2015, Barbosa Pimentel, who was deported from the United States in 1998, applied for a Massachusetts identification card using the name and Social Security number of a U.S. citizen. Based on the application, Barbosa Pimentel was issued an identification card in the name of the U.S. citizen. Barbosa Pimentel also used that name and Social Security number to receive Section 8 housing assistance and Supplemental Nutrition Assistance Program (SNAP) benefits, formerly known as Food Stamps. He fraudulently received $32,352 in Section 8 benefits over more than six years, and $15,409 in SNAP benefits over 10 years.
United States Attorney Andrew E. Lelling; David Magdycz, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General; Tonya Perkins, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations; Jonathan Davidson, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Massachusetts State Auditor Suzanne M. Bump made the announcement. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit prosecuted the case.
District Woman Admits to Disclosing the Identity of Superior Court Grand Jury Witness,Comprising Witness SecurityRead the Press Release
WASHINGTON – Dawn Monique Garris, a 45-year-old District of Columbia resident, pled guilty in federal court in the District of Columbia to contempt in violation of 18 U.S.C. § 402, for disclosing the name of a Superior Court grand jury witness to a D.C. Department of Corrections inmate.
Garris pled guilty to Count One of a criminal Indictment charging her with contempt. According to court papers, Garris was the sergeant-at-arms and a grand juror for a D.C. Superior Court grand jury in September 2019. She heard testimony from a grand jury witness as part of a violent crime investigation, and then disclosed the identity of the witness to a D.C. Department of Corrections inmate. In doing so, she violated the grand jury secrecy rules and the direction of the Chief Judge of the D.C. Superior Court.
“The U.S. Attorney’s Office is committed to protecting the integrity of the Superior Court and the local grand jury process,” Acting United States Attorney Michael R. Sherwin announced. “Today’s guilty plea sends a strong message that any potential for compromising witness security will not be tolerated.”
“By law, Grand Juries and the matters which appear before them are both protected and secret, and Garris betrayed the special trust which she was afforded," said James A. Dawson, Special Agent in Charge of the FBI Washington Field Office Criminal Division. "The confidence of the public in the Grand Jury process is central to our judicial system and the rule of law. The FBI will continue to work to investigate all allegations of public corruption, which is the FBI’s top criminal investigative priority.”
Garris pled guilty in United States District Court for the District of Columbia. United States District Judge Carl Nichols is presiding over the case. Sentencing is scheduled for February 23, 2021.
The Washington Field Office of the Federal Bureau of Investigation investigated the case. Assistant United States Attorney Liz Aloi of the Public Corruption and Civil Rights Section is prosecuting the case.
Detroit Man Sentenced to More than Nine Years in Federal Prison for Role in Fentanyl TraffickingRead the Press Release
HUNTINGTON W.Va. – United States Attorney Mike Stuart today announced that Vernon Eugene Mitchell, 31, of Detroit, Michigan, was sentenced to 111 months in federal prison for distribution of fentanyl and possession of a firearm in furtherance of a drug trafficking crime.
“It’s more than nine years in prison for this Detroit fentanyl dealer,” said United States Attorney Mike Stuart. “This substantial sentence demonstrates the real consequence imposed on those wreaking havoc in our communities. Great work by the Huntington Police Department in removing this dangerous poison peddler from city streets.”
Mitchell previously pled guilty and admitted that on October 2, 2019, officers with the Huntington Police Department utilized a confidential informant to purchase fentanyl from him. The informant met with Mitchell near the intersection of 13th Street West and Monroe Avenue in Huntington where Mitchell provided the fentanyl to the informant.
Officers executed a search warrant at Mitchell’s residence located at 438 ½ 5th Avenue in Huntington on November 7, 2019. When officers entered, they located Mitchell. During the search, officers found a number of items including $11,201 in cash and a loaded .45 caliber pistol. Mitchell admitted at the plea hearing that he made the money by selling fentanyl and that he possessed the firearm. Mitchell also admitted that he had been selling heroin and fentanyl in the Huntington area between the summer and December of 2019.
The Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-00311.
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Detroit Man Pleads Guilty to Federal Drug ChargesRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Mike Stuart today announced that Quandale Turk, also known as “Q”, 43, of Detroit, Michigan, entered a guilty plea to an indictment charging him with two counts of aiding and abetting the distribution of heroin.
“Week after week we convict offenders like Turk for their roles in drug trafficking in our communities,” said United States Attorney Mike Stuart. “In partnership with our law enforcement partners, we remain laser focused on holding drug dealers accountable.”
Turk admitted that on February 16, 2017 and May 1, 2017, he directed Dahran Montgomery to distribute heroin to a confidential informant in Huntington.
Turk faces up to twenty years in federal prison when he is sentenced on February 22, 2021. Montgomery previously pled guilty and was sentenced to 52 months in federal prison.
The Huntington Police Department conducted the investigation. The plea hearing was held before United States District Judge Robert C. Chambers. Assistant United States Attorney Stephanie S. Taylor is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:18-cr-00213.
Follow us on Twitter: SDWVNews and USAttyStuart
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Cincinnati Man Sentenced to 192 Months for Methamphetamine TraffickingRead the Press Release
COVINGTON, Ky. - A Cincinnati man, Dontez Justice, 33, was sentenced to 192 months in federal prison on Friday, by U.S. District Judge David Bunning, for possession with intent to distribute methamphetamine.
According to Justice’s plea agreement, on October 17, 2019, a cooperating source working with law enforcement arranged a purchase of methamphetamine from Justice. Justice admitted that he was on the way to deliver the methamphetamine when law enforcement found the methamphetamine during a traffic stop. Law enforcement seized 26.3 grams of actual methamphetamine.
Justice further admitted in his plea agreement that he has two, prior drug trafficking convictions, having previously been convicted of trafficking in cocaine in both Campbell and Kenton counties.
Justice pleaded guilty to the federal charge in August 2020.
Under federal law, Justice must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for eight years, following his release
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Keith Martin, Special Agent in Charge, DEA Detroit Field Division; jointly announced the sentencing.
The investigation was conducted by the DEA. The United States was represented by Assistant U.S. Attorney Elaine Leonhard.
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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Chelsea Man Pleads Guilty to Being a Felon in Possession of FirearmRead the Press Release
BOSTON – A Chelsea man pleaded guilty today to being a felon in possession of a firearm.
Semaj Leary, 26, pleaded guilty to one count of being a felon in possession of a firearm. U.S. District Court Judge Denise J. Casper scheduled sentencing for March 17, 2021. Leary was indicted in December 2019.
On Aug. 15, 2019, Leary was found in possession of a 9mm Glock semi-automatic pistol, seven rounds of R-P 9mm caliber ammunition, four rounds of WIN 9mm caliber ammunition, two rounds of VPT 9mm caliber ammunition, one round of WCC 9mm caliber ammunition, one round of Tulammo 9mm caliber ammunition and an extra magazine. Leary had previously been convicted of being a felon in possession of a firearm and other crimes punishable by more than a year in jail, and therefore was prohibited from possessing firearms.
The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss. 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; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Suffolk County District Attorney Rachel Rollins; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Mackenzie Queenin of Lelling’s Criminal Division is prosecuting the case.
This case is 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.
CEO Charged with Securities and Bank Fraud in Alleged Scheme to Raise Funds for Digital Advertising CompanyRead the Press Release
SAN FRANCISCO – Andrew Chapin has been charged in a criminal complaint with multiple counts of fraud in connection with a multi-million-dollar scheme to amass funds for a digital advertising company based on false information, announced U.S. Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge Craig Fair.
Chapin, 32, of San Francisco, was the co-founder and Chief Executive Officer of Benja, a digital advertising company. Benja created “shoppable media”, placing digital ads on websites that allowed a shopper to purchase products in the ad itself without being redirected to another website. Benja claimed to help well-known companies sell overstock inventory through these ad placements. According to the criminal complaint unsealed today, since July of 2019, Chapin engaged in a number of ploys to lure potential investors to provide over a million dollars worth of capital to Benja on the basis of false information and to obtain fraudulent bank loans. Chapin portrayed Benja as a successful company to investors and creditors, claiming Benja generated $6.2 million in revenue in 2018 and $13.2 million in revenue in 2019. The complaint charges Chapin with bank fraud, wire fraud, and securities fraud.
“We cannot allow tech financing to become a lemon’s market,” said U.S. Attorney Anderson. “Silicon Valley needs capital, and investors need facts not fiction. We will prosecute lies, omissions and frauds. Investors must have confidence in the truthfulness of startup representations.”
“This morning, the FBI arrested Mr. Chapin for allegedly running an elaborate, multimillion-dollar scheme to mislead investors and creditors,” said Special Agent in Charge Fair. “FBI San Francisco, along with our partners at the SEC and the U.S. Attorney’s Office, actively investigates these types of financial crimes to ensure that corporate fraud is uncovered, disrupted, and punished under the federal legal system.”
With respect to the bank fraud charge, the complaint alleges Chapin made false statements to a bank to secure a line of credit that grew from $1 million to $5 million. The line of credit was primarily secured by Benja’s account receivables. The account receivables and financial statements Chapin provided to the bank were misstated and false and a majority of the purported revenue was fabricated. Bank records from 2018 to 2020 indicate that Benja was generating almost no revenue from its purported ad placement business and almost all the customers Chapin claimed Benja had were lies. For example, Chapin falsely claimed to have revenue from Nike, Patagonia, and other well-known companies when, in truth, Benja had no relationship with those companies. Chapin used almost the full $5 million line of credit to pay off other creditors and investors, to pay Chapin’s credit cards and personal expenses, and to send funds to a personal crypto-currency exchange account.
With respect to wire fraud, the complaint alleges Chapin used an elaborate ruse to convince a venture capital firm in New York to provide Benja $1 million in funding. Chapin presented the same false account receivables and financial statements to the venture capital firm, and fabricated millions in revenue/account receivables from well-known companies with which Benja never did business. Chapin also had individuals pose as employees from the well-known companies in order to provide false references about Benja to investors.
With respect to securities fraud, the complaint describes how in December of 2018, Chapin allegedly convinced an investor to purchase $100,000 worth of securities in Benja by representing, among other things, that a venture capitalist would soon be making a $1.5 million investment in the company. When the investor asked to communicate with the venture capitalist directly, Chapin allegedly created a bogus email address and provided it to the investor. The investor emailed who he believed was the venture capitalist a series of questions about the shareholder’s agreement and the phony email account responded to the questions. After receiving satisfactory answers, the investor purchased the securities.
In sum, Chapin is charged with bank fraud, in violation of 18 U.S.C. § 1344; wire fraud, in violation of 18 U.S.C. § 1343; and securities fraud, in violation of 15 U.S.C. §§ 78j(b) and 78ff and 17 C.F.R. § 240.10b-5.
A complaint merely alleges that crimes have been committed, and Chapin is presumed innocent until proven guilty beyond a reasonable doubt. If convicted of bank fraud under 18 U.S.C. § 1344, Chapin faces a maximum sentence of 30 years’ imprisonment, a fine of $1,000,000, and restitution, if appropriate. If convicted of wire fraud under 18 U.S.C. § 1343, Chapin faces a maximum sentence of 20 years’ imprisonment, a fine of $250,000, and restitution, if appropriate. If convicted of securities fraud under 15 U.S.C. § 78j(b) and 78ff, and 17 C.F.R. § 240.10b-5, Chapin faces a maximum sentence of 20 years’ imprisonment, a fine of $5,000,000, and restitution, if appropriate. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Chapin is scheduled to make his initial federal court appearance on November 24, 2020, before U.S. Magistrate Judge Jacqueline S. Corley.
The case is being prosecuted by the Corporate Fraud Strike Force of the U.S. Attorney’s Office. The prosecution is the result of an investigation by the Federal Bureau of Investigation. The United States Attorney’s Office and the Federal Bureau of Investigation also thank the San Francisco Regional Office of the Securities and Exchange Commission, which conducted a parallel investigation that was also announced today.
Bull Trout Poacher Sentenced in Federal CourtRead the Press Release
EUGENE, Ore.—Culver, Oregon resident Thomas R. Campbell, 29, was sentenced in federal court today for the flagrant and repeated poaching of protected and Tribally significant bull trout, announced U.S. Attorney Billy J. Williams.
“One of the most solemn duties of the U.S. Attorney’s office is enforcing the laws for the protection of our threatened wildlife and upholding our special trust relationship with our tribal partners,” said United States Attorney Billy J. Williams. “This case demonstrates our priorities in exercising those duties and holding accountable those who would flagrantly disregard our nation’s laws that protect threatened species.”
“Bull trout are an iconic species of the Pacific Northwest whose populations are suffering from habitat degradation, and are protected by Tribal, State and Federal laws,” said James Ashburner, Special Agent in Charge, U.S. Fish and Wildlife Service. “The defendants in this case caused great harm to the recovery efforts of all of the government and non-government groups who have invested in the recovery of this species. This joint case demonstrates the resolve of Confederated Tribes of the Warm Springs, Oregon State Police, the U.S. Forest Service, and the U.S. Fish and Wildlife Service in preserving bull trout for future generations. A special thank you goes out to the U.S. Attorney's Office for the District of Oregon for placing an emphasis on environmental crimes that impact the natural world we all enjoy.”
According to court documents, on multiple occasions in 2017 and 2018, Thomas R. Campbell poached bull trout from the Metolius River, fishing from both U.S. Forest Service lands and while trespassing on the “Eyerly Property,” which was held in trust by the United States for the Confederated Tribes of Warm Springs. Campbell also encouraged others to do the same.
The Metolius River requires catch-and-release for all species of fish, including bull trout. Although one can legally angle for bull trout on the Metolius River and in Lake Billy Chinook, bull trout are not legal to target elsewhere in Oregon. This makes the Metolius River one of the Oregon’s crown gems of angling.
Campbell targeted, kept, and grossly mishandled bull trout despite admittedly knowing the laws protecting the species and how to properly handle fish to immediately release unharmed. He also committed these crimes despite numerous warnings from public viewers of his social media boasts about his poaching. Campbell repeatedly posted photos of his bull trout poaching exploits to his social media platforms where he had more than 1,000 followers.
Bull trout are listed as threatened under the Endangered Species Act. The species has been depleted by a range of factors, including overfishing. Today, bull trout inhabit less than half of their historic range. Central Oregon’s Metolius River helps serve as a prized spawning ground, and it is used to help repopulate other waters where bull trout numbers have dwindled even lower. These magnificent fish are revered by anglers and are a cherished Tribal resource. Poaching represents a lethal threat to their recovery.
On August 13, 2020, Campbell pleaded guilty to three misdemeanor charges contained in the criminal information. These counts charge violations of the Lacey Act, 16 U.S.C. § 3372(a)(1) for knowingly acquiring and transporting bull trout from the Metolius River in the Deschutes National Forest and from Warm Springs’ Tribal land.
Robert “Bobby” Brunoe, the General Manager of Natural Resources and Tribal Historic Preservation Officer for the Confederated Tribes of Warm Springs addressed the sentencing judge on behalf of the Tribes. He discussed the Tribes’ sovereignty over the Warm Springs Reservation, the severity of the trespasses by non-members like Campbell, and the cultural importance of bull trout to the Tribes. Mr. Brunoe also discussed his own connection to these fish, recalling his grandmother’s subsistence fishing for bull trout when he was a child. He stressed the importance of protecting and restoring bull trout.
U.S. District Court Judge Ann Aiken sentenced Campbell to five years of federal probation and banned him from angling or hunting anywhere in the United States as a condition of probation. In addition, Judge Aiken ordered Campbell to pay a $6,000 criminal fine to the Lacey Act Reward Fund and $649.95 in restitution to the Oregon State Police for his destruction of a trail camera designed to catch poachers. Campbell was also ordered to perform 300 hours of community service with a non-profit focused on conservation or with a collaborative relationship with the Confederated Tribes of Warm Springs.
This case was investigated by the United States Fish and Wildlife Services, Office of Law Enforcement; Oregon State Police, Fish and Wildlife Division; Confederated Tribes of Warm Springs, Branch of Natural Resources; and the United States Forest Service, Law Enforcement and Investigations. It was prosecuted by Will McLaren and Pam Paaso, Assistant U.S. Attorneys for the District of Oregon.
Boston Man Charged with Bank RobberyRead the Press Release
BOSTON – A Boston man made an initial appearance today in federal court in Boston after he was charged with robbing a bank in Boston on Nov. 13, 2020. At the time, the defendant was on supervised release and on electronic monitoring, after being convicted of committing two bank robberies in 2016.
Stephen D. Williams, 56, was charged by criminal complaint with one count of bank robbery. Williams, who is currently on supervised release for two 2016 bank robberies, was arrested on state charges on Nov. 13, 2020. Williams was detained following an initial appearance before Magistrate Judge Judith Dein this afternoon.
According to court documents, in March 2018, Williams was sentenced to 60 months in prison after pleading guilty to robbing two banks in 2016. In July 2020, Williams’s sentence was modified pursuant to a motion for compassionate release, and he was released from prison to home confinement on electronic monitoring. According to the prosecutor at today’s hearing, Williams allegedly removed his court authorized electronic monitoring bracelet.
According to charging documents, on Nov. 13, 2020, an individual wearing a grey knit cap, later identified as Williams, entered a branch of the Santander Bank in Boston. Williams passed the teller a note indicating a robbery and that he had a gun. The teller gave Williams $7,000 cash and Williams allegedly stuffed it into the pockets of the blue jacket he was wearing and exited the bank.
It is alleged that Williams was later observed a short distance from the bank counting money, removing his blue jacket and placing it into a black trash bag. A short time later, Williams was observed carrying the black trash bag. While Williams was being questioned by police, he dropped the trash bag and after a brief chase was arrested. Inside the black trash bag, a blue jacket, grey knit cap and a large sum of cash in excess of $7,000 was recovered.
The charge of bank robbery provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the 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; Boston Police Commissioner William Gross; and Suffolk County District Attorney Rachael Rollins made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Alva Man Sentenced to 87 Months in Federal Prison for Interstate Murder-For-Hire PlotRead the Press Release
OKLAHOMA CITY – VERNON WAYNE BROCK, 71, of Alva, has been sentenced today to serve 87 months in federal prison and pay a $30,000 fine for hiring an individual to commit murder on the defendant’s behalf, announced U.S. Attorney Timothy J. Downing.
On April 17, 2019, Brock was indicted with using interstate commerce facilities to commit murder-for-hire. On November 6, 2019, Brock pled guilty to the one-count indictment, admitting to the use of interstate facilities with intent that murder be committed in exchange for payment.
According to court documents and public record, an individual from Kansas, whom Brock was trying to hire to commit murder, contacted the FBI and cooperated in the investigation. Law enforcement determined Brock was upset with a former employee who refused to continue a sexual relationship with him. Brock wanted the individual from Kansas to arrange the murder of the former employee’s boyfriend in Oklahoma City in exchange for $5,000. He identified the boyfriend by sending a picture to the individual from Kansas. FBI agents arrested Brock on the afternoon of April 3, with the assistance of the Woods County Sheriff’s Office, after Brock delivered a $5,000 check to the individual from Kansas.
Today, U.S. District Judge David L. Russell sentenced Brock to serve 87 months in federal prison, followed by three years of supervised release. In addition, Brock was ordered to pay a $30,000 fine.
This case is a result of an investigation by the Federal Bureau of Investigation–Oklahoma City Field Office, Woodward Resident Agency. Prosecuted by Assistant U.S. Attorneys Ashely Altshuler and Jason Harley, the case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions. As part of this strategy, PSN focuses on the most violent offenders and partners with local prevention and re-entry programs for lasting reductions in crime.
Reference is made to public filings for more information. To download a photo of U.S. Attorney Downing, click here.
Aliquippa Felon Admits to Possessing Cocaine, a Firearm and AmmunitionRead the Press Release
PITTSBURGH - A Beaver County resident pleaded guilty in federal court to charges of possession with intent to distribute cocaine and possession of a firearm and ammunition by a convicted felon, United States Attorney Scott W. Brady announced today.
Antoine Cummings, age 37, of Aliquippa, Pennsylvania, pleaded guilty to two counts before Senior United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that in September 2019, the Beaver County Drug Task Force and Aliquippa Police Department searched an apartment in which Cummings was living. During the search, law enforcement officers found and seized around 51 grams of powder cocaine, a loaded Smith and Wesson 40 caliber pistol, ammunition, and over $5,800, all possessed by Cummings. Because Cummings had prior felony convictions, including one for drug trafficking, he was a person not to possess a firearm and ammunition.
Judge Fischer scheduled sentencing for April 22, 2021 at 1:00 pm. For the charge of possession with intent to distribute cocaine, the law provides for a total sentence of not more than 30 years in prison, a fine not to exceed $2,000,000, or both. For the charge of felon in possession, the law provides for a total sentence of not more than 10 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court ordered that Cummings be detained.
Assistant United States Attorney Brian M. Czarnecki is prosecuting this case on behalf of the government.
The Beaver County Drug Task Force led the multi-agency investigation of this case. Other agencies involved in the investigation include the Beaver County High Intensity Drug Trafficking Area (HIDTA) Task Force, and the Aliquippa Police Department.
31 Individuals, Including Three Former Coast Guard Employees, Charged in Test Score-Fixing Scheme at Coast Guard Exam CenterRead the Press Release
NEW ORLEANS – The United States Attorney’s Office announced, on November 20, 2020, the indictment of 31 individuals related to a test score-fixing scheme at a United States Coast Guard exam center.
As alleged in the indictment, DOROTHY SMITH was employed by the Coast Guard as a credentialing specialist at an exam center in Mandeville, Louisiana. SMITH’s position authorized her to enter scores for examinations that merchant mariners were legally required to pass in order to obtain licenses to serve in various positions on vessels. The examinations tested mariners’ knowledge and training to safely operate under the authority of licenses.
According to the indictment, for over seven years, SMITH engaged in a scheme to defraud the United States. SMITH took bribes to fix exam scores, enabling license applicants to bypass the required testing. This resulted in the applicants illegally obtaining a range of licenses for officer-level positions, including the most important positions on vessels, such as master, chief mate, and chief engineer.
As alleged in the indictment, SMITH used a network of intermediaries to connect her to maritime workers who were willing to pay for false exam scores. The intermediaries would funnel money and the mariners’ requests to SMITH, who would falsely report in a Coast Guard computer system that the mariners had passed the exams.
According to the indictment, two former Coast Guard employees, ELDRIDGE JOHNSON and BEVERLY MCCRARY, acted as intermediaries for SMITH, with MCCRARY participating in the scheme both during and after her Coast Guard employment and JOHNSON participating following his Coast Guard employment. Additionally, four maritime industry workers—ALEXIS BELL, MICHEAL WOOTEN a/k/a Michael Wooten, SHARRON ROBINSON, and ALONZO WILLIAMS—acted as intermediaries in the scheme and also had their own scores fixed by SMITH.
In addition to the defendants referenced above, the indictment charges twenty-four current and former merchant mariners with unlawfully receiving officer-level licenses. As alleged in the indictment, each of these individuals received false scores from SMITH, with some receiving false scores on multiple occasions.
SMITH, JOHNSON, MCCRARY, BELL, WOOTEN, ROBINSON, and WILLIAMS are charged with conspiracy to defraud the United States.
The following defendants are charged with receiving, possessing, and intending to unlawfully use mariner licenses, to which they were not lawfully entitled: JONATHAN ABBEY, RAFAEL ATKINS, ANTHONY BROWN, JAMES CARR, CHARLES FRANKS, JERRY FUDGE, DAVID GALVAN, JUSTIN GANDY, ANTHONY GARCES, CARDELL HUGHES, HARRY JOHNSON, EDWARD JONES, ALEXIA LOVETT, BRANDON MACK, HUGO MARQUEZ, MILES MARTS, DEVERICK MORROW, FREDRICK NETTLES, STINSON PAYNE, OCTAVIAN RICHARDS, QUANG TRAN, ANTWAINE TRAVIS, SHUNMANIQUE WILLIS, and ROBERT WINTERS.
If convicted, each defendant faces a sentence of up to five years’ imprisonment, $ 250,000.00 fine, (3) three years of supervised release and a mandatory $100.00 special assessment.
The United States Attorney’s Office reiterated that the indictment is merely a charge and that the defendants’ guilt must be proven beyond a reasonable doubt.
This case is being investigated by the Coast Guard Investigative Service. Assistant U.S. Attorney Chandra Menon is in charge of the prosecution.
20 more individuals charged federally as part of Cincinnati gun violence reduction initiativeRead the Press Release
CINCINNATI – Nineteen Cincinnati men and one woman were charged federally in a second wave of cases related to reducing local gun violence. Six of the defendants were arrested late last week and over the weekend, and 13 were already in state custody. One defendant remains a fugitive.
U.S. Attorney David M. DeVillers, ATF Special Agent in Charge Roland Herndon, Cincinnati Police Chief Eliot K. Isaac and Hamilton County Sheriff Jim Neil announced the cases as the latest enforcement as part of a gun violence reduction initiative. In late September, the officials announced gun-related charges filed against 16 other individuals in Cincinnati.
The aim of the initiative is to identify repeat and dangerous offenders for federal prosecution.
“Under federal law, it is illegal to possess a firearm if you fall into one of nine prohibited categories, including being a felon, convicted of a misdemeanor domestic violence offense or under a court authorized restraining order. These crimes can be punished by up to 10 years in federal prison,” said U.S. Attorney David M. DeVillers. “It is our hope that concentrating on this sector of the criminal population will have an impact on reducing the unprecedented level of violence occurring in Cincinnati.”
Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime. Defendants convicted of these crimes face a mandatory minimum of five years and up to life in prison.
Those charged include:
Name
Age
Myrick Barber
23
Darrel Berry
20
Recardo Brooks
40
Jarred Cotton
32
*Orlando Crawford
42
Miles Ford
35
Donte Graves
37
Tarrell Gross
41
Lamont Holly
26
Deion Jennings
26
Kelsey Klopp
24
Brandon Mathews
29
Harold Moore
27
Tamon Sheldon
30
Donovan Shorter
27
Ryan Stoll
23
Charles Sullivan
28
Antonio Thomas
32
Airon Watson
28
Yancey White
34
“ATF’s primary mission is to identify individuals who are harming our communities through acts of violence,” stated Roland Herndon, ATF’s Special Agent in Charge for the Columbus Field Division. “These indictments are just one phase of these efforts. Be aware, if you choose to use firearms to commit crimes, ATF and our law enforcement partners will be there as always, working to hold you accountable for those acts.”
“These indictments are an example of our continued effort to work with our Federal partners to hold people accountable for harming our community through gun violence,” said Police Chief Eliot K. Isaac.
Nineteen of the defendants are charged with illegally possessing a firearm as a convicted felon. Darrel Berry is charged only with possessing a firearm in furtherance of a drug-trafficking crime and Antonio Thomas is charged with possessing a firearm in furtherance of a drug-trafficking crime in addition to possessing a firearm as a convicted felon.
Jennings, Klopp, Mathews, Sullivan, Thomas and White were arrested in the past four days.
Crawford remains a fugitive. His criminal history includes involuntary manslaughter, aggravated armed robbery and aggravated robbery, domestic violence and drug trafficking.
Law enforcement officials ask the public to call 1-888-ATF-TIPS with any information regarding Crawford’s whereabouts. The ATF is offering a $2,500 reward for information leading to the arrest of Crawford.
Indictments and criminal complaints merely contain allegations, and defendants are presumed innocent unless proven guilty in a court of law.
# # #
13+ Years in Federal Prison for Drug Dealer Who Sold Fatal Dose of Heroin/FentanylRead the Press Release
KANSAS CITY, KAN. – A Kansas man was sentenced today to 167 ninths in federal prison for selling heroin mixed with fentanyl to a man who overdosed and died, U.S. Attorney Stephen McAllister said.
Ramon Strickland, 44, Kansas City, Kan., pleaded guilty to one count of distributing heroin/fentanyl resulting in death.
According to court records, on May 23, 2017, police in Overland Park, Kan., responded to an emergency call from a parent of an overdose victim. A toxicologist determined that the victim died from respiratory distress caused by the effects of heroin and fentanyl in his system. Heroin is now commonly laced with fentanyl to increase the high. Fentanyl is 80 to 100 times more potent than opium.
Investigators determined that Strickland distributed heroin to the victim on the evening of May 22, 2017.
McAllister commended the Overland Park Police Department, the Drug Enforcement Administration and Assistant U.S. Attorney Sheri Catania for their work on the case.
Sunday 22 November 2020
Yankton Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Yankton, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on November 16, 2020, by U.S. District Judge Karen E. Schreier.
Jesse Ray Rains, age 40, was sentenced to 12 months and a day in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Rains was indicted by a federal grand jury on January 8, 2019. He pled guilty on August 26, 2020.
The conviction stemmed from an incident on October 17, 2018, when law enforcement executed a lawful search of Rains’ home and discovered several firearms, including a DPMS, Model A-15, 5.56 NATO caliber rifle; a Sturm, Ruger & Company Inc., Model American Rimfire, 17 HMR caliber rifle; a Sturm, Ruger & Company Inc., Model 10/22., .22 caliber rifle; and a Smith & Wesson, Model SD40VE., .40 caliber pistol.
At that time, Rains was prohibited from possessing firearms because he had been previously convicted of one or more crimes punishable by imprisonment exceeding one year.
The seized firearms were manufactured at facilities outside of South Dakota and, thus, were transported across state lines at some point during or before Rains possessed them.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice's signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department's past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Union County Sheriff’s Office. Special Assistant U.S. Attorney Tamara P. Nash prosecuted the case.
Rains was immediately turned over to the custody of the U.S. Marshals Service.
Transient Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
United States Attorney Ron Parsons announced that a transient man convicted of Possession of a Firearm by a Prohibited Person was sentenced on November 16, 2020, by U.S. District Judge Karen E. Schreier.
John McDonald, age 43, was sentenced to 28 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
McDonald was indicted by a federal grand jury on January 7, 2020. He pled guilty on August 27, 2020.
The conviction stemmed from an incident on November 25, 2019, when McDonald knowingly had possession of a Taurus model 709 slim, 9 x 19 Luger caliber, semi-automatic pistol and 4 rounds of Hornady brand ammunition.
On November 25, 2019, the Sioux Falls Police Department was dispatched to a "shots fired" call in Sioux Falls, South Dakota. Subsequently, law enforcement conducted a search of the involved home, and inside, a firearm and ammunition were located. McDonald knew that he was prohibited from possessing firearms because he had been previously convicted of one or more crimes punishable by imprisonment exceeding one year.
The seized firearm was manufactured at facilities outside of South Dakota and, thus, was transported across state lines at some point during or before McDonald’s possession of it.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice's signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department's past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Sioux Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Assistant U.S. Attorney Tamara P. Nash prosecuted the case.
McDonald was immediately turned over to the custody of the U.S. Marshals Service.
Sisseton Man Sentenced to 26 Months in Federal Prison for Transfer of Obscene Material to a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Sisseton, South Dakota, man was sentenced in federal court on November 12, 2020, for transferring obscene material to a minor. The sentence was imposed by U.S. District Judge Lawrence L. Piersol.
Aydan Sam Kirk, age 23, was sentenced to 26 months of imprisonment, to be followed by 3 years of supervised release. Kirk was also ordered to pay $100 to the Federal Crime Victims Fund.
According to court documents, on or about September 26, 2019, Kirk knowingly used a computer connected to the internet and a mobile phone to transfer and attempt to transfer obscene matter to another individual who was 15 years old. Kirk utilized Facebook and transferred obscene videos and messages to a minor. At the time of the transfer, Kirk knew the general nature of the contents of the material, specifically discussing sexual acts that he wanted to preform on the minor, and he knew that the minor was 15 years old.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Kirk was remanded to custody to serve his sentence.
Sioux Falls and Yankton Men Sentenced to Federal Prison for Interference with Commerce by Threats and Violence and Brandishing Firearm During Crime of ViolenceRead the Press Release
United States Attorney Ron Parsons announced that Sioux Falls and Yankton, South Dakota, men were sentenced in federal court on November 13, 2020, for Interference with Commerce by Threats and Violence and Brandishing a Firearm During a Federal Crime of Violence. The sentence was imposed by United States District Judge Lawrence L. Piersol.
Steven Joseph King, age 30 from Sioux Falls, was sentenced to 9 years of imprisonment, to be followed by 3 years of supervised release. King was also ordered to pay $1,621 in restitution and $200 to the Federal Crime Victims Fund.
Spencer William Brown, Jr., age 51 from Yankton, was sentenced to 6 years of imprisonment, to be followed by 3 years of supervised release. Brown was also ordered to pay $1,621 in restitution and $100 to the Federal Crime Victims Fund.
According to court documents, on or about January 6, 2020, King and Brown robbed a victim from a Hartford business, by unlawfully taking and obtaining U.S. currency against the victim’s will by means of actual and threatened force, violence, and fear of injury immediate and future, by brandishing a firearm, demanding money, and forcibly taking the money.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice's signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department's past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Sioux Falls Police Department, Minnehaha County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Connie Larson prosecuted the case.
King and Brown were remanded to custody to serve their sentences.
Sioux Falls Man Sentenced for Theft of Government FundsRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Theft of Government Funds was sentenced on November 16, 2020, by U.S. District Judge Karen E. Schreier.
Robert Brannon, age 30, was sentenced to 5 years of probation, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Brannon was indicted by a federal grand jury on December 3, 2019. He pled guilty on August 27, 2020.
The conviction stemmed from incidents between on or about October 2015 and February 2019, when Brannon willfully and knowingly embezzled, stole, and purloined money from departments or agencies of the United States, namely, Title XVI program benefits payments made to himself and his wife, which are administered by the United States Social Security Administration (SSA).
In approximately 2009, Brannon was awarded Title XVI supplemental security income (SSI) program benefits payments benefits. He was repeatedly advised of his reporting responsibilities.
In approximately August 2014, Brannon married his wife, who also receives Title XVI SSI program benefits payments. Brannon became his wife’s representative payee and was repeatedly advised of his reporting responsibilities.
On December 15, 2015, Brannon participated in a non-medical review with a Sioux Falls SSA employee regarding both his and his wife’s SSI benefits. During this review, Brannon said that he received no additional income, other than his and his wife’s SSI benefits payments. Once the review was complete, Brannon attested under the penalty of perjury that the information he provided was true and correct to the best of his knowledge. Brannon did not tell the SSA that, in fact, he was employed and earning income.
On November 1, 2018, Brannon and his wife initiated a telephonic non-medical review with a Yankton SSA employee regarding both of their SSI benefits. They did not report any wages. Once the review was complete, they both attested under the penalty of perjury that the information they provided was true and correct to the best of their knowledge. Brannon did not tell the SSA that, in fact, he was employed and earning income.
From approximately October 2015 through February 2019, Brannon was employed by Panera Bread, Billion, Wells Fargo, and Midco. Because Brannon lied to the SSA about his income and failed to disclose his employment, it caused the SSA to mistakenly pay SSI benefits, which exceeded $1,000, to Brannon and his wife. Brannon and his wife used the funds for their own purposes.
This case was investigated by the Social Security Administration, Cooperative Disability Investigation Unit. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Rapid City Woman Sentenced for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 13, 2020, by U.S. District Judge Karen E. Schreier.
Betsy Running Shield, age 37, was sentenced to 84 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Running Shield was indicted by a federal grand jury on March 3, 2020. She pled guilty on July 1, 2020.
The conviction stemmed from incidents beginning on an unknown date and continuing until on or about March 2020, when Running Shield, along with at least one other person, reached an agreement, or came to an understanding, to distribute 500 grams or more of a mixture of a substance containing methamphetamine in the District of South Dakota.
During her involvement, Running Shield received methamphetamine from a co-conspirator for redistribution in South Dakota and elsewhere.
This case was investigated by the South Dakota Division of Criminal Investigation, the Sioux Falls Area Drug Task Force, and the Drug Enforcement Administration. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Running Shield was allowed to self-surrender on or before January 5, 2021.
Rapid City Man Sentenced on Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Jeffrey L. Viken, U.S. District Judge.
Moses Montileaux Jr., age 39, was sentenced on November 20, 2020, to 37 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Montileaux, a previously convicted felon who is prohibited from possessing firearms, possessing a Bryco Arms 9mm semi-automatic pistol, which was found after Montileaux came into contact with Rapid City police officers in March 2019.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Montileaux was immediately remanded to the custody of the U.S. Marshals Service.
Pierre Man Sentenced on Gun ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Nathen Doherty, a/k/a Nathan Doherty, age 22, was sentenced to time served, equaling 38 days, 18 months of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of a firearm.
Doherty was indicted by a federal grand jury on December 10, 2019. He pled guilty on September 1, 2020.
The conviction stemmed from an incident that occurred on May 11, 2018, at a house in Pierre, wherein Doherty, knowing he was an unlawful user of a controlled substance, knowingly possessed a Remington Arms Company Incorporated, model 870 Express Super Magnum, 12 gauge, pump-action shotgun, which had been shipped and transported in interstate commerce. The shotgun was found in Doherty’s bedroom along with marijuana, marijuana wax, multiple baggies and a digital scale. Doherty also tested positive for marijuana.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Pierre Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Pierre Man Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Dustin Warnke, age 35, was sentenced to 174 months in federal prison, followed by five years of supervised release, a $1,000 fine, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of a firearm.
Warnke was indicted by a federal grand jury on November 13, 2019. He pled guilty on August 24, 2020.
The conviction stemmed from a conspiracy beginning in at least March 2018, and continuing to November 2019, wherein Warnke was involved with several other individuals, including Andrew Bunch, Nicole Hopkins, Adam Tanner and Nathan Thoe (deceased), to distribute methamphetamine in central South Dakota. During the course of the conspiracy, these individuals made numerous trips to Minnesota and Colorado to obtain methamphetamine. Firearms were routinely carried by Warnke, Bunch, and Thoe to protect their product. Bunch was previously sentenced to 27 years in federal prison, Tanner was sentenced to 12 years in federal prison, and Hopkins was sentenced to 10 years in federal prison.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Highway Patrol, South Dakota Division of Criminal Investigation, Pierre Police Department, Stanley County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Warnke was immediately remanded to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Third Degree BurglaryRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Third Degree Burglary was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Debonair Donavan Wright, age 19, was sentenced to time served through November 20, 2020, three years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and restitution in the amount of $620.
Wright was indicted by a federal grand jury on November 13, 2019. He pled guilty on August 31, 2020.
The conviction stemmed from an incident that occurred on June 10, 2019, in Todd County, South Dakota, Wright broke into and burglarized Mike’s Pawn Shop and stole multiple items of property valued over $1,000.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Wright was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Woman Sentenced for Witness TamperingRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, woman convicted of Conspiracy to Tamper with a Witness was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Dale Lynn James, age 33, was sentenced to a 10 month split sentence – five months in federal prison and five months of home confinement, followed by two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
James was indicted by a federal grand jury on August 16, 2020. She pled guilty on September 27, 2020.
The conviction stemmed from an incident that occurred between March 3, 2019, and March 14, 2019, where James knowingly and intentionally conspired with Clinton Haukaas, a/k/a Fuddy Haukaas, to publish a list of twenty-eight persons that Haukaas believed would be called to testify against him at his upcoming federal jury trial related to meth trafficking. James coordinated the scheme with Haukaas through text messages while Haukaas was incarcerated at the Hughes County Jail. Haukaas sent James a list of the names through the mail and instructed her to put it on Facebook. James took pictures of the list and sent the images to several different people on Facebook with intent to influence, delay, and prevent the testimony of the named individuals at Haukaas’ trial.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
James will report to the custody of the U.S. Marshals Service on January 4, 2021.
Eagle Butte Woman Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Possession with Intent to Distribute Methamphetamine was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Kate Doreen Condon, age 44, was sentenced to 23 months in federal prison, followed by three years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of $170.
Condon was indicted by a federal grand jury on January 14, 2020. She pled guilty on August 24, 2020.
The conviction stemmed from an incident that occurred on July 1, 2019, wherein Condon knowingly and intentionally possessed with intent to distribute approximately 39 grams of methamphetamine in Eagle Butte.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Condon was immediately remanded to the custody of the U.S. Marshals Service.
Saturday 21 November 2020
Assistant Attorney General Makan Delrahim Issues Statement Commemorating the 75th Anniversary of the International Military Tribunal at NurembergRead the Press Release
Assistant Attorney General Makan Delrahim of the Department of Justice Antitrust Division issued the following statement on his participation in the Robert H. Jackson Center’s virtual reading of Justice Jackson’s opening statement at Nuremberg for the 75th anniversary of the International Military Tribunal at Nuremberg:
“I was honored and humbled to be a part of this project marking 75 years since the International Military Tribunal at Nuremberg. Justice Robert Jackson, who was the Chief U.S. Prosecutor at Nuremberg and once held the position of Assistant Attorney General of the Antitrust Division, has long been a hero of mine for his boundless faith in justice and fairness. His work at Nuremberg showed the world that unspeakable acts of hatred will not go unpunished so long as there are good people willing to stand up for the powerless. In my role overseeing the Antitrust Division, I draw on this faith and commitment to justice to guide our work defending American consumers.”
The virtual reading of Justice Jackson’s opening statement will be available at https://www.youtube.com/RobertHJacksonCenter on Saturday, November 21, 2020.
Friday 20 November 2020
Worcester Restaurant Manager Sentenced for Money Laundering Conspiracy and Attempted Witness TamperingRead the Press Release
BOSTON – A Worcester restaurant manager was sentenced today in federal court in Worcester for conspiring with the wife of a convicted drug dealer to use drug proceeds to renovate and operate a Shrewsbury Street restaurant.
Joseph Herman, 37, was sentenced by U.S. District Court Judge Timothy S. Hillman to 22 months in prison and one year of supervised release. Herman will also be ordered to pay forfeiture to be determined at a later date. In January 2019, he pleaded guilty to conspiracy to commit money laundering, making false statements to federal investigators and attempted witness tampering.
Between May 2017 and September 2017, Herman conspired with co-defendant Stacey Gala to launder the proceeds of illegal drug sales by Gala’s husband, Kevin A. Perry Jr. Herman worked as the manager of The Usual, a Worcester restaurant owned and operated by Perry and Gala. Herman admitted that, after Perry’s arrest in March 2017, he and Gala conspired to use Perry’s drug proceeds to renovate the restaurant and to reopen the business under a new name, “The Chameleon,” and ostensibly under new ownership. Herman also admitted that he lied to federal investigators about the source of the funds used to renovate the restaurant, and attempted to convince another witness to falsely testify about Herman’s involvement in the money laundering scheme.
In October 2017, Perry pleaded guilty to money laundering and drug distribution charges and was sentenced to 14 years in prison. In September 2020, Gala was sentenced to time served and three years of supervised release after pleading guilty to conspiracy to commit money laundering.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service in Boston; and Steven Sargent, Chief of the Worcester Police Department made the announcement. Assistant U.S. Attorneys Greg A. Friedholm and John T. Mulcahy of Lelling’s Worcester Branch Office, prosecuted the case.
Woman Pleads Guilty to Paying More than $6,500 in Cash Bribes to Metropolitan Police Department Employees in Exchange for Personal Identifying Information of Traffic Crash VictimsRead the Press Release
WASHINGTON – Michelle Cage, 45, of Maryland, pled guilty on November 19, 2020 to bribery for paying more than $6,500 in bribes to a Metropolitan Police Department (MPD) employee, Acting U.S. Attorney Michael R. Sherwin announced.
Cage pled guilty to a criminal Information before the U.S. Magistrate Judge Zia Faruqui in the U.S. District Court for the District of Columbia. The Information charged Cage with one count of bribery of a public official, which carries with it the penalties of up to 15 years of prison followed by three years of supervised release, and a fine of up to $250,000. The guilty plea will be referred to U.S. District Judge Emmett Sullivan for approval and sentencing. A sentencing date has not yet been set.
According to Cage’s admissions in connection with her guilty plea, dating back to at least 2012, Cage worked, in return for referral fees, to connect people in need of legal representation or medical services with providers of those services. In 2017, Cage started MC Referrals and Marketing L.L.C. (MC Referrals) to provide these referral services. To identify potential clients, Cage obtained from the Metropolitan Police Department (MPD) Traffic Accident Reports, or “PD Form 10s,” which contained the names and contact information of individuals involved in traffic accidents. Beginning in 2015, however, MPD General Order 401.03 limited the distribution of these reports to individuals involved in traffic accidents and their representatives. Cage admitted that, beginning at that time and continuing into 2017, she paid cash bribes in the amount of $50 to $200 per week to a clerk in MPD’s First District station, to influence the clerk to violate the General Order and provide Cage with the confidential reports, which Cage used to contact and solicit potential clients. Cage admitted that she paid the clerk at least $6,500 in bribes.
In announcing the guilty plea, Acting U.S. Attorney Sherwin commended the work of those who assisted the case from the FBI’s Washington Field Office and MPD’s Internal Affairs Division. He also acknowledged the work of those who handled the case at the U.S. Attorney’s Office, Public Corruption and Civil Rights Section, including Assistant U.S. Attorney Veronica Sanchez, who prosecuted the case.
Warren County man pleads guilty to attempting to kill to federal officersRead the Press Release
ST. LOUIS, MO – United States District Judge Audrey G. Fleissig accepted guilty pleas today from 38-year-old Elijah Moore of Warrenton, Missouri. Moore pleaded guilty to two counts of attempting to kill a federal officer, one count of discharging a firearm in furtherance of a crime of violence, and one count of carjacking.
According to a plea agreement, on July 29, 2019, a Task Force Officer (TFO) with the U.S. Marshals Service went to a residence in Wentzville to assist the St. Charles County Police Department in an attempt to locate a suspect in a Warren County home invasion.
The TFO noticed a vehicle matching the description of a vehicle taken during the home invasion robbery. St. Charles County SWAT found two people and made two arrests. One of those arrested told officers Moore had fled from the residence, tried leaving in the stolen vehicle, but it became stuck in the mud.
Later in the afternoon, a nearby homeowner discovered his home had burglarized and reported several firearms, ammunition and a vehicle as stolen. The TFO and a St. Charles County Police Department detective who was assisting in the operation located Moore later that day. Moore was the passenger in a blue Mustang driven by a female. The blue Mustang fled from officers at a high rate of speed until it stopped in a gravel parking lot. Moore jumped from the vehicle and fired multiple shots at the officers.
The TFO and detective prepared to return fire; however, the driver of the blue Mustang screamed that there were children in the vehicle. Fearing injury to the children, the officers did not return fire, allowing Moore to escape through the woods while continuing to shoot at officers. Moore then stole a Chevrolet Silverado pickup truck from a nearby business, firing shots to ward off law enforcement and others. Moore once again fled, shooting at pursing officers. He eventually crashed, at which time a gun-battle ensued with Moore continuing to fire at officers. Officers returned fire, striking Moore in the legs. He was taken into custody and crime scene investigators found nearly two dozen bullets and a revolver containing three fired cartridges and three unfired bullets.
Each charge of attempting to kill a federal officer carries a penalty of no more than 20 years in prison and a fine of no more than $250,000. The charge of discharging a firearm in furtherance of a crime of violence carries a penalty of no more than life with a fine of no more than $250,000. The carjacking charge carries a penalty of no more than 15 years with a fine of no more than $250,000.
“Today, Elijah Moore entered a plea of guilty from an evening of terror he perpetrated in St. Charles County during the summer of 2019,” said U.S. Marshal John Jordan. “The men and women of area law enforcement including members of the United States Marshals Fugitive Task Force are to be commended for their unwavering bravery of capturing this dangerous felon and bringing him to justice.”
“There is simply no place whatsoever in our society for shooting at law enforcement officers,” said U.S. Attorney Jeff Jensen. “Those who engage in these violent acts against our officers will be prosecuted to the full extent of the law.”
Judge Fleissig has set sentencing for February 25, 2021 at 10:00 am. The plea agreement provides that Moore will request a sentence of 25 years and the government will request a sentence of 35 years.
The St. Charles County and Wentzville Police Departments and United States Marshals Service investigated this case.
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U.S. Postal Employee in Hartford Charged with Stealing Cash and Gift Cards from LettersRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Matthew Modafferi, Special Agent in Charge of the U.S. Postal Service, Office of Inspector General, today announced that a federal grand jury in Hartford has returned an indictment charging NATHANIEL BONILLA, 31, of Bristol, with three counts of theft of mail by a postal employee.
Bonilla was arrested today. Following his arrest, he appeared via videoconference before U.S. Magistrate Judge Thomas O. Farrish, entered a plea of not guilty, and was released on a $50,000 bond.
As alleged in the indictment, Bonilla, a mail processing clerk at the U.S. Postal Service’s Process and Distribution Center in Hartford, opened mail envelopes with a razor blade and removed cash and dozens of gift cards or prepaid debit cards for his own personal use.
If convicted, Bonilla faces a maximum term of imprisonment of five years on each count.
U.S. Attorney Durham stressed that an indictment is only a charge and is not evidence of guilt. Charges are only allegations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the U.S. Postal Service, Office of Inspector General and prosecuted by Assistant U.S. Attorney Hal Chen.
U.S. Attorney Durham encouraged individuals who believe they are a victim of theft related to this case to file a complaint by calling 888-USPS-OIG, or by visiting https://www.uspsoig.gov/form/file-online-complaint.
Two Whitley County Men Indicted on Federal Kidnapping ChargesRead the Press Release
LONDON, Ky. - Jake Messer, 37, and George Oscar Messer, 61, of Rockholds, Kentucky were indicted by a federal grand jury sitting in London on Thursday, on federal kidnapping charges.
The indictment alleges that, in April of 2018, in Clay and Whitley Counties, the Messers used a means, facility, and instrument of interstate commerce to kidnap two individuals.
The investigation preceding the indictment was conducted jointly by the ATF and the Kentucky State Police.
Both Defendants are awaiting initial appearances before the United States District Court. If convicted, both men face a maximum of life in prison. However, any sentence following conviction would be imposed by the Court, after its consideration of the United States Sentencing Guidelines and the federal statutes governing the imposition of sentences.
An indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial, at which the government must prove guilt beyond a reasonable doubt.
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Two Men Sentenced for Possessing over $1 Million Dollars Cash Onboard a Vessel Outfitted for SmugglingRead the Press Release
St. Thomas, USVI – Abnel Colon and Jose Ernesto Vazquez Colon, both from Puerto Rico, were sentenced last Thursday for possession of more than $1 million in cash onboard a vessel outfitted for smuggling, United States Attorney Gretchen C.F. Shappert announced.
District Court Judge Robert A. Molloy sentenced Abnel Colon to 37 months incarceration, a term of supervised release, and ordered him to pay a $100 special assessment. Jose Ernesto Vazquez Colon was sentenced to 30 months of incarceration, a term of supervised release and ordered to pay a $100 special assessment.
According to court documents, on or about September 20, 2019, Customs and Border Protection Marine Unit agents were conducting border security patrols near the west side of St. Thomas, VI. At 10:50 P.M., the agents made radar contact with a vessel traveling eastward toward St. Thomas roughly 3 miles north of Savana Island, within the territorial waters of the United States. When agents intercepted the vessel, it was traveling without lights and failed to stop after agents activated their blue lights. Agents observed two individuals throwing large bags overboard into the water. Agents fired flares in an attempt to have the vessel stop, but the vessel did not stop, and so agents disabled the vessel's motor. CBP agents then boarded the boat and found two individuals on board, Abnel Colon and Jose Ernesto Vazquez Colon. Both were identified as the individuals who were throwing the bags overboard, and Jose Ernesto Vazquez Colon was identified as the pilot. CBP agents later recovered the bags that had been thrown overboard, one of which had been weighted with a dumbbell, and the bags were found to contain over $1,000,000 in United States currency. On board the vessel, which had been rented from a business in Fajardo, Puerto Rico, agents found 3-4 dumbbells with ropes attached, as well as a GPS device, which is generally used to pinpoint the location of jettisoned contraband so that it can be retrieved later.
This case was investigated by Homeland Security Investigations and Customs and Border Protection. It was prosecuted by Assistant United States Attorneys Adam Sleeper and Nathan Brooks.