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Friday 20 November 2020
Former Supervisory Corrections Officer Sentenced for Repeatedly Tasing Restrained DetaineeRead the Press Release
Former supervisory corrections officer Mark Bryant, 42, was sentenced today to five years in prison for repeatedly tasing a restrained pretrial detainee inside the Cheatham County Jail in Tennessee. In January 2020, a jury in the Middle District of Tennessee convicted Bryant of two counts of violating Title 18, U.S. Code, Section 242, for using excessive force while acting under color of law.
“The defendant abused his power as a supervisory corrections officer by assaulting a restrained person in his custody. Officers who willfully use excessive force both violate the Constitution and erode the public trust in law enforcement,” said Assistant Attorney General Eric Dreiband of the Justice Department’s Civil Rights Division. “The Justice Department is committed to prosecuting these abuses of power and upholding the Constitution and laws that protect us all.”
“The extraordinary abuse of power displayed by Bryant was both disturbing and disappointing to the many fine men and women in law enforcement who strive every day to carry out their duties with honor and professionalism,” said U.S. Attorney Donald Q. Cochran for the Middle District of Tennessee. “We can never be complacent in our responsibility to protect every citizen from such abuse. Justice has been served and I commend our trial team and our law enforcement partners for their outstanding work in the investigation, preparation and prosecution of this case.”
“When a law enforcement officer violates the civil rights of another, he brings shame on the badge," said Douglas Korneski, Special Agent in Charge of the Memphis Field Office of the FBI. "The sentencing of former Corrections Officer Mark Bryant sends a strong message that law enforcement officers or any other government employees who abuse their authority and use unlawful force will be vigorously investigated and prosecuted. Our citizens have a fundamental and constitutional right to ethical treatment by employees of federal, state, and local government."
Evidence presented at trial established that, on Nov. 5, 2016, Bryant repeatedly tased an 18-year-old detainee who was restrained and surrounded by officers inside the jail. At approximately 8:00 p.m. that night, Bryant tased the detainee four times for a total of 50 seconds while the detainee was strapped into a restraint chair. Bryant returned two hours later and tased the detainee again, this time while the detainee was handcuffed, shackled, and compliant. As a result of Bryant’s unjustified uses of force, the detainee suffered bodily injury, including burns that an officer on the scene described as making the detainee’s skin look like “raw hamburger meat.” As the senior officer at the scene, Bryant then directed his colleagues not to submit reports regarding his uses of force on the detainee.
The investigation was conducted by the FBI, and the case was prosecuted by Assistant U.S. Attorney Sara Beth Myers of the Middle District of Tennessee’s Nashville Office and Civil Rights Division Trial Attorney Michael J. Songer.
Former Rockcastle Deputy Jailer Sentenced to 39 Months for Civil Rights ViolationsRead the Press Release
LONDON, Ky. – A former Rockcastle County Deputy Jailer, Derek Steven Clark, 25 ,was sentenced to 39 months in federal prison on Thursday, before U.S. District Court Judge Claria Horn Boom, for violating the civil rights of an inmate in his custody.
Clark was convicted by a federal jury, in July 2020. According to testimony at trial, Clark and others placed an inmate victim into a restraint chair. Clark then aided and commanded the assault of the victim by another inmate, which resulted in bodily injury. Afterwards, Clark completed an official incident report, to document the incident; but in completing that report, Clark falsely stated that, after he and others placed the victim in the restraint chair, the victim began spitting at deputy jailers, causing two inmates to intervene. Clark’s false report indicated one inmate instinctively slapped the victim, which caused the victim’s lip to bleed, and the victim then spit blood, causing the inmate to punch the victim.
The evidence established that, in truth, Clark and others placed the victim into the restraint chair, and the victim did not become physically combative or spit at deputies, before being punched by the inmate.
Under federal law, Clark must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for two years, following his release.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and James Robert Brown, Special Agent in Charge, FBI, Louisville Field Office, jointly announced the sentence.
The investigation was conducted by the FBI. The United States was represented in the case by Assistant U.S. Attorney Hydee Hawkins.
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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Former Montgomery County Music Teacher Sentenced to More Than Four Years in Federal Prison for Possession of Child Pornography and Ordered to Pay $144,000 in Restitution to VictimsRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang today sentenced Charles Victor Kopfstein-Penk, age 75, of Bethesda, Maryland, to 54 months in federal prison, followed by five years of supervised release, for possession of child pornography. As part of his plea agreement, Kopfstein-Penk was ordered to pay $144,000 in restitution to 35 victims. Kopfstein-Penk, a music teacher who gave lessons out of his home, pleaded guilty to the federal charge on February 10, 2020.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; Colonel Woodrow W. Jones III, Superintendent of the Maryland State Police; and Montgomery County State’s Attorney John McCarthy.
According to his plea agreement, on March 5, 2019, Maryland State Police were conducting an investigation on an online peer-to-peer network for individuals sharing and downloading child pornography. An IP address associated with Kopfstein-Penk’s residence was requesting blocks of suspected child pornography files.
As detailed in the plea agreement, on May 21, 2019, law enforcement executed a search warrant at Kopfstein-Penk’s residence. Kopfstein-Penk was present and agreed to speak to officers at the scene. Kopfstein-Penk admitted to using file-sharing software for approximately 10 years to download child pornography from the Internet and stated that he had been collecting child pornography files for over 20 years. An on-scene preview of a computer located in Kopfstein-Penk’s office revealed over 400,000 files of suspected child pornography. Kopfstein-Penk directed law enforcement to five external hard drives that he also used to store child pornography. A subsequent forensic analysis of the computer and external storage media revealed that Kopfstein-Penk possessed over 1,126,000 images and over 6,800 videos depicting the sexual abuse of children, including images of child pornography involving prepubescent minors and some material involving the portrayal of sadistic or masochistic conduct against children.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended HSI, the Maryland State Police Internet Crimes Against Children Task Force, and the Montgomery County State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Rajeev Raghavan and Timothy Hagan, who prosecuted the federal case.
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Former College Professor Indicted on Fraud Charges for Allegedly Embezzling More Than $650,000 from Student OrganizationRead the Press Release
CHICAGO — A former college professor has been indicted on federal fraud charges for allegedly embezzling more than $650,000 from a national student organization committed to improving minority representation in the pharmacy industry.
While serving as the volunteer Executive Director of the student association, CARMITA COLEMAN withdrew cash and issued checks from the group’s bank accounts for her and her family’s personal benefit, according to an indictment returned Thursday in U.S. District in Chicago. Coleman attempted to cover up her scheme by submitting false and misleading reports that concealed her withdrawals, the indictment states. When a new individual was appointed to replace Coleman as Executive Director, Coleman knowingly delayed turning over access to the organization’s bank accounts so that she could continue spending the money for her personal benefit, the indictment states.
The fraud scheme allegedly lasted from 2011 to 2016. Coleman, who separately during the scheme was a professor and interim dean at the Chicago State University College of Pharmacy, fraudulently misappropriated approximately $651,272 from the student association, the indictment states.
The indictment charges Coleman, 49, of Frankfort, with four counts of wire fraud. Arraignment in federal court in Chicago has not yet been scheduled.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. The government is represented by Assistant U.S. Attorney Heidi Manschreck.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Each count of wire fraud is punishable by up to 20 years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Former Cleveland VA Medical Center supervisor charged with theft of government property and fraudRead the Press Release
U.S. Attorney Justin Herdman announced today that a grand jury sitting in Cleveland has returned a 28-count indictment charging William H. Precht, age 53, of Kent, Ohio, with theft of government property, conspiracy to commit wire fraud and honest services fraud, wire fraud, and false statements relating to health care matters.
According to the indictment, from October 5, 2010, through January 4, 2019, the defendant is accused of using his position with the Cleveland Veteran Affairs (VA) Medical Center to engage in a scheme to enrich himself and co-conspirators.
The indictment alleges that from on or about October 5, 2010, through on or about February 16, 2018, the defendant fraudulently used his VA-issued purchase card and facilitated the use of other VA employees’ purchase cards to make purchases from a company controlled by the defendant for approximately $1,066,348.
In addition, from on or about May 27, 2015, through on or about January 4, 2019, the defendant is accused of conspiring with a medical supplies company located in South Euclid, Ohio, to devise a scheme in which the defendant would receive kickbacks and other items of value, in exchange for steering VA business and other monetary awards to the medical supplies vendor.
Allegedly, it was part of the conspiracy that the defendant would solicit and accept items of value from the medical supplies vendor such as money, sporting event tickets and future business interest. The defendant would then provide favorable actions for the benefit of his co-conspirators and the medical supplies vendor when the opportunities arose. He is accused of concealing this activity from the Cleveland VA by providing false and misleading information to VA employees about reasons for ordering medical supplies. The defendant also allegedly falsified some patient records to make it appear patients had implants in their electronic health record that did not correlate to any actual surgical or medical procedure, to justify the purchase of implants.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation.
In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Department of Veterans Affairs – Office of the Inspector General, Cleveland and the Cleveland Division of the FBI. This case is being prosecuted by Assistant U.S. Attorney Brian McDonough.
Former Cheatham County Supervisory Corrections Officer Sentenced for Repeatedly Tasing Restrained DetaineeRead the Press Release
NASHVILLE, Tenn. – November 20, 2020 –Former supervisory corrections officer Mark Bryant, 42, was sentenced today to 5 years in prison for repeatedly tasing a restrained pretrial detainee inside the Cheatham County Jail in Tennessee. In January 2020, a jury in the Middle District of Tennessee convicted Bryant of two counts of violating Title 18, United States Code, Section 242, for using excessive force while acting under color of law.
“The extraordinary abuse of power displayed by Bryant was both disturbing and disappointing to the many fine men and women in law enforcement who strive every day to carry out their duties with honor and professionalism,” said U.S. Attorney Cochran. “We can never be complacent in our responsibility to protect every citizen from such abuse. Justice has been served and I commend our trial team and our law enforcement partners for their outstanding work in the investigation, preparation and prosecution of this case.”
Evidence presented at trial established that, on Nov. 5, 2016, Bryant repeatedly tased an 18-year-old detainee who was restrained and surrounded by officers inside the jail. At approximately 8:00 p.m. that night, Bryant tased the detainee four times for a total of 50 seconds while the detainee was strapped into a restraint chair. Bryant returned two hours later and tased the detainee again, this time while the detainee was handcuffed, shackled, and compliant. As a result of Bryant’s unjustified uses of force, the detainee suffered bodily injury, including burns that an officer on the scene described as making the detainee’s skin look like “raw hamburger meat.” As the senior officer at the scene, Bryant then directed his colleagues not to submit reports regarding his uses of force on the detainee.
“The defendant abused his power as a supervisory corrections officer by assaulting a restrained person in his custody. Officers who willfully use excessive force both violate the Constitution, and erode the public trust in law enforcement,” said Assistant Attorney General Eric Dreibund of the Justice Department’s Civil Rights Division. “The Justice Department is committed to prosecuting these abuses of power and upholding the Constitution and laws that protect us all.”
“When a law enforcement officer violates the civil rights of another, he brings shame on the badge," said Douglas Korneski, Special Agent in Charge of the Memphis Field Office of the FBI. "The sentencing of former Corrections Officer Mark Bryant sends a strong message that law enforcement officers or any other government employees who abuse their authority and use unlawful force will be vigorously investigated and prosecuted. Our citizens have a fundamental and constitutional right to ethical treatment by employees of federal, state, and local government."
The investigation was conducted by the FBI, and the case was prosecuted by Assistant U.S. Attorney Sara Beth Myers of the Middle District of Tennessee’s Nashville Office and Civil Rights Division Trial Attorney Michael J. Songer.
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Florida Man Charged with Manipulating Publicly Traded Stocks in Multiyear “Pump and Dump” Securities Fraud Scheme Worth over $19 MillionRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Jeffrey D. Martin, 61, of Orlando, FL, was charged by Superseding Indictment with conspiracy and multiple counts of securities fraud and wire fraud, related to his manipulation of several publicly-traded securities in a “pump and dump” scheme in which Martin and his co-schemers allegedly defrauded investors out of over $19 million.
According to the Superseding Indictment, from about April 2012 until December 2019, Martin and others allegedly manipulated the stock of Mainstream Entertainment, Inc., now known as Volt Solar Systems, Inc., Resort Savers, Inc., Axiom Corp., Virtual Medical International, Inc., and Union Bridge Holdings, Ltd. The alleged manipulation involved fraudulent press releases, fraudulent securities disclosures filed with the U.S. Securities and Exchange Commission, and other fraudulent communications, as well as manipulative stock trading. The defendant and others were thus allegedly able to fraudulently inflate the price of the stock, and then sell their own shares at inflated prices and reap illicit proceeds—a classic “pump and dump” scheme. Through this conspiracy, Martin and his co-conspirators allegedly defrauded investors to enrich themselves; Martin himself received more than $989,000 in illicit proceeds from the sale of over-inflated stock of just one of the companies.
“Pump and dump stock schemes have real victims: those who play by the rules and save and invest in the markets,” said U.S. Attorney McSwain. “Market manipulation also causes generalized harm to the markets and to our economy because it erodes public trust that the markets are free and fair. Thanks to the excellent work of the FBI, SEC, and prosecutors from my Office, Martin will now face the consequences of his alleged actions.”
“Pump and dump schemers enrich themselves on the backs of innocent investors, turning a pile of lies into a mountain of money,” said Michael J. Driscoll, Special Agent in Charge of the FBI's Philadelphia Division. “The FBI is committed to cracking down on such harmful market manipulation, in order to protect both the investing public and the integrity of the financial system.”
If convicted, the defendant faces a maximum possible sentence of 245 years imprisonment, a $12.5 million fine, a 3-year period of supervised release, and a $1,200 special assessment.
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Michael J. Rinaldi. The U.S. Attorney’s Office appreciates the assistance of the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
First degree murder, assault and firearms charges filed against man in Crow Indian Reservation shootingRead the Press Release
BILLINGS – An indictment filed in U.S. District Court on Thursday charges a Pryor man suspected in the fatal shooting of a woman and wounding of a man on the Crow Indian Reservation with murder, assault and firearms crimes, U.S. Attorney Kurt Alme said today.
The indictment charges Taylor Leigh Plain Bull, 27, with first degree murder, assault with intent to commit murder and two counts of use of a firearm during and in relation to a crime of violence.
The indictment alleges that on Oct. 24, on Blue Creek Road, on the Crow Indian Reservation, Plain Bull unlawfully killed a person identified as Jane Doe with malice aforethought and that he intentionally assaulted a person identified as John Doe with intent to commit murder. The indictment further alleges Plain Bull used a .45 caliber semi-automatic pistol in committing the crimes.
First degree murder carries a sentence of mandatory life in prison, a $250,000 fine and five years of supervised release. Assault with intent to commit murder carries maximum sentence of 20 years in prison, a $250,000 fine and three years of supervised release. The firearms charge carries a penalty of a mandatory minimum 10 years to life in prison consecutive to any other sentence, a $250,000 fine and five years of supervised release.
An indictment is merely an accusation, and Plain Bull is presumed innocent until proven guilty beyond a reasonable doubt.
An arraignment on the indictment is scheduled for Nov. 23. Plain Bull is detained.
The FBI investigated the case.
PACER case reference. 20-136.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Firebomb Attack Plotters Sentenced to Combined over 23 Years in PrisonRead the Press Release
ALEXANDRIA, Va. – A Maryland Darknet vendor and a Nebraska pharmacist were sentenced today to a combined over 23 years in prison for their respective roles in a conspiracy to use explosives to firebomb and destroy a competitor pharmacy.
According to court documents, William Anderson Burgamy IV, 33, of Hanover, Maryland, told co-conspirator, Hyrum T. Wilson, 41, of Auburn, Nebraska, that he would never surrender to law enforcement, that if anyone showed up during the attack, he would “blast [his] [expletive] way out,” and that he would shoot bullets at anyone who attempted to confront or apprehend him, including the owner of the victim pharmacy. Prior to Burgamy’s arrest in April 2020, which uncovered and thwarted the firebombing plot, Burgamy and Wilson fully intended on the attack occurring after COVID-19 restrictions were lifted.
From August 2019 through April 2020, Wilson illegally mailed over 19,000 dosage units of prescription medications, including opioids, from his pharmacy in Nebraska to Burgamy’s residence in Maryland. Burgamy illegally sold prescription drugs through his Darknet vendor account to customers nationwide, including here in the Eastern District of Virginia, and claimed at one point that he made nearly $1 million total. Burgamy and Wilson laundered the proceeds of their scheme using Bitcoin cryptocurrency payments, wire transfers, and bundles of cash sent through the mail.
Given the profitability of the Darknet scheme, Wilson repeatedly hit limits, set by his distributor, on the amount of prescription drugs that he could obtain and provide to Burgamy. Consequently, Burgamy and Wilson developed an attack plot known as “Operation Firewood” to break into, steal the opiate supply of, and firebomb a competing pharmacy located in Auburn by using explosives. The goal of the attack plot was to destroy Wilson’s local competition, which Burgamy and Wilson believed would increase the volume of prescription drugs that Wilson’s pharmacy could obtain, thereby allowing Burgamy and Wilson’s drug trafficking operation to continue and expand.
Wilson created a “getaway” map and escape routes for Burgamy to use to help him evade law enforcement detection after the firebombing. Wilson instructed Burgamy to make the firebombing appear as though it was committed by a fictitious “pissed off husband” who learned about a fabricated affair involving the husband’s wife and a pharmacist from the victim pharmacy. Burgamy and Wilson also discussed obtaining and selling hydroxychloroquine and chloroquine for illegal distribution purposes in order to further profit from the ongoing COVID-19 pandemic.
Burgamy assured Wilson that if anything happened to him, he would take care of Wilson’s “family and bills,” and Wilson agreed to safeguard Burgamy’s life insurance information in the event Burgamy was killed during the attack. Burgamy and Wilson also agreed that Burgamy and another individual would carry multiple firearms during the attack and use explosives, specifically Molotov cocktails enhanced with Styrofoam as a thickening agent, to burn the victim pharmacy down. Law enforcement located eight unsecured fully loaded firearms in Burgamy’s residence, including AR-15 assault rifles and numerous high capacity magazines.
Burgamy and Wilson were sentenced to 168 months and 112 months in prison respectively.
This prosecution was part of an international enforcement operation targeting opioid traffickers on the Darknet. Operation DisrupTor, announced on September 22, was conducted across the United States and Europe and resulted in over 170 arrests worldwide, the seizure of weapons, drugs, and over $6.5 million.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; James A. Dawson, Special Agent in Charge of the FBI's Washington Field Office Criminal Division; Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; Mark S. McCormack, Special Agent in Charge, FDA Office of Criminal Investigations, Metro Washington Field Office; and Jesse R. Fong, Special Agent in Charge for the DEA’s Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge T.S. Ellis III.
First Assistant U.S. Attorney Raj Parekh prosecuted both cases.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-150 and Case No. 1:20-cr-151.
Federal Officials Announce the Dismantling of a Multi-Drug Trafficking Organization and the Arrests of its ParticipantsRead the Press Release
PITTSBURGH – Twenty-one members of a drug trafficking organization primarily operating in Washington, Allegheny and Fayette Counties in southwestern Pennsylvania have been indicted by a federal grand jury for trafficking significant quantities of cocaine, crack cocaine, heroin and fentanyl, United States Attorney Scott W. Brady announced today.
"From Erie to Fayette and Lawrence to Cambria, we are systematically dismantling drug trafficking organizations operating in every western Pennsylvania county," said U.S. Attorney Brady. "The Marcus Brown DTO has joined a long list of cocaine and heroin distribution networks that are out of business and behind bars."
"The FBI and our partners will not let drugs and gun violence rip apart our communities," said FBI Pittsburgh Special Agent in Charge Michael Christman. "Many of the people arrested have dangerous, violent criminal histories. They thrived on selling drugs that lead to dangerous consequences. Let this be a warning to other bad actors. The FBI and our partners will stop at nothing to investigate, disrupt and hold accountable those who insist on bringing their harmful business to our neighborhoods."
Seventeen of the defendants were arrested yesterday as part of FBI Operation Skyfall, an OCDETF investigation that included seven months of judicially authorized federal wiretaps of ten phones and identified a drug trafficking organization allegedly headed by Marcus Brown that operated throughout the Western District of Pennsylvania and New Jersey. Four of the defendants were already in custody. According to a Criminal Complaint filed in October, Marcus Brown and Steve Law, IV obtained cocaine and heroin in New Jersey and then transported the cocaine and heroin back to the Western District of Pennsylvania for distribution to others in the conspiracy.
Specifically, the Indictment returned on Nov. 12 and unsealed yesterday charges the following individuals at Count One with conspiring to distribute and possess with intent to distribute five kilograms or more of cocaine, in the Western District of Pennsylvania and elsewhere, from in and around April of 2020 and continuing until on or about October 27, 2020:
Marcus Brown, 33, of Washington, PA;
Brandon Boone, 38, of Washington, PA;
Kenneth Brooks, Jr., 27, of Washington, PA;
Kevin Bush, 51, of Washington, PA;
Marc Cain, 57, of Washington, PA;
Brian Householder, 57, of Greensburg, PA;
Steve Law, IV, 29, of Washington, PA;
Princess Makokele, 40, of Washington, PA;
David McComb, 32, of Coraopolis, PA;
Steve Miller, 48, of Allegheny, PA;
Andrew Molinaro, 42, of Canonsburg, PA;
Johnnita Richardson, 33, of Washington, PA;
Warren Sadler, 56, of Washington, PA;
Matthew Spicer, 50, of Canonsburg, PA;
Kristen Steffan, 36, of Canonsburg, PA; and
James Vance, 36, of Jersey City, NJ.
The Indictment also charges the following individuals at Count Two with conspiring to distribute and possess with intent to distribute 280 grams or more of crack cocaine, in the Western District of Pennsylvania and elsewhere, from in and around June of 2020 and continuing until on or about October 27, 2020:
Marcus Brown, 33, of Washington, PA;
Brandon Boone, 38, of Washington, PA;
Kenneth Brooks, Jr., 27, of Washington, PA;
Michael Brown, 56, of Brownsville, PA;
Steve Law, IV, 29, of Washington, PA;
Princess Makokele, 40, of Washington, PA;
Michael Pusateri, 39, of Washington, PA; and
Warren Sadler, 56, of Washington, PA.
At Count Three, the Indictment charges the following individuals with conspiring to distribute and possess with intent to distribute a quantity of cocaine, in the Western District of Pennsylvania, from in and around June of 2020 and continuing until in and around August of 2020:
Walter Brunson, Jr., 51, of Pittsburgh, PA;
Shawn McFarland, 51, of Lawrence, PA;
Matthew Spicer, 50, of Canonsburg, PA; and
Bradley Stopperich, 49, of Washington, PA.
Finally, at Count Four, the Indictment charges the following individuals with conspiring to distribute and possess with intent to distribute a quantities of heroin and fentanyl, in the Western District of Pennsylvania and elsewhere, from in and around August of 2020 and continuing until on or about October 27, 2020:
Marcus Brown, 33, of Washington, PA;
Kenneth Brooks, Jr., 27, of Washington, PA;
Steve Law, IV, 29, of Washington, PA; and
James Vance, 36, of Jersey City, NJ.
As to Counts One and Two, the law provides for a maximum total sentence of not less than 10 years to a maximum of life imprisonment, a fine of up to $10,000,000, or both, as to each charged Defendant. As to Counts Three and Four, the law provides for a maximum total sentence of not more than 20 years, a fine up to $1,000,000, or both, as to each charged Defendant. Under the Federal Sentencing Guidelines, the actual sentences imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendants.
Assistant United States Attorneys Mark V. Gurzo and Jerome A. Moschetta are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation in Pittsburgh, PA led the multi-agency investigation that included members of the Pennsylvania State Police, United States Postal Inspection Service, Allegheny County Police Department, Allegheny County Port Authority Police Department, Allegheny County Sherriff’s Office, Pittsburgh Bureau of Police, Stowe Township Police Department, and North Versailles Police Department.
This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Federal Jury Convicts Brighton Man of Multiple Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Richard Dzionara-Norsen, 29, of Brighton, NY, of possession, receipt, and distribution of child pornography. The charges carry a minimum penalty of five years in prison, and maximum of 20 years in prison, a lifetime period of supervised release, and a $250,000 fine.
Assistant U.S. Attorneys Kyle P. Rossi and Meghan K. McGuire, who handled the trial of the case, stated that the defendant was apprehended by members of the FBI Child Exploitation Task Force after sharing a child pornography video with an undercover investigator over a peer to peer file sharing network. Subsequent investigation determined that Dzionara-Norsen had been receiving and distributing child pornography for a number of years. The images of child pornography depicted children as young as infants and also included depictions of violence against children.
The verdict is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent in Charge Stephen Belongia.
Sentencing is scheduled for February 17, 2021, at 3:30 p.m. before Chief U.S. District Judge Frank P. Geraci, Jr. who presided over the trial.
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Federal Court Enjoins Tucson Area Tax Preparer from Preparing Tax ReturnsRead the Press Release
The Justice Department announced today that a federal court in Arizona permanently enjoined a Tucson area tax return preparer from preparing federal income tax returns for others.
The civil complaint filed in the case alleged that Joseph Michael Vosberg included false business losses and charitable deductions on some of his clients’ returns. According to the complaint, Vosberg also allegedly instructed his clients to keep receipts from their day-to-day activities to document their false business expenses and charitable donations in the event of an IRS audit and not to cooperate with the IRS during civil audits. The complaint alleges that Vosberg’s fraudulent tax return preparation activities have caused significant harm to his customers, the United States, and the public at large.
Vosberg consented to the entry of a permanent injunction as part of his 2018 plea agreement with the United States in United States v Vosberg, CR 18-2527-RCC-EJM (D. Ariz.) (Dkt. No. 7). Under the terms of that agreement, Vosberg pleaded guilty to two counts of aiding and assisting in the preparation and presentation of a false federal income tax return.
“Return preparer fraud is a significant drain on the U.S. Treasury, and the Justice Department is committed to working with the IRS to bring enforcement actions against return preparers who prepare fraudulent tax returns,” said Principal Deputy Assistant Attorney General Richard Zuckerman. “The Tax Division will use all available enforcement tools to hold dishonest return preparers accountable and protect the U.S. Treasury from further damage.”
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers.
In the past decade, the Department of Justice Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Federal Contractor Agrees to Pay $18.98 Million for Alleged False Claims Caused by Overcharges and Unqualified LaborRead the Press Release
WASHINGTON – Cognosante, LLC has agreed to pay the United States $18,987,789 to resolve allegations that it violated the False Claims Act by using unqualified labor and overcharging the United States for services provided to government agencies under two General Services Administration (GSA)) contracts, the Justice Department announced today. Cognosante, which is headquartered in Falls Church, Virginia, provides health care and IT services and solutions to federal agencies.
GSA’s Multiple Award Schedule (MAS) contracts allow the federal government to leverage its buying power to achieve favorable pricing. Under MAS contracts, contractors negotiate with GSA to set maximum prices for goods and services subsequently ordered by agencies across the federal government. These contracts provide streamlined access to the federal marketplace.
The settlement resolves allegations that Cognosante overcharged the United States for services performed under two GSA MAS contracts, including by providing false information concerning Cognosante’s commercial discounting practices during contract negotiations. It also resolves allegations that Cognosante charged the United States for labor that failed to meet the qualifications in one of the contracts.
“MAS contract holders must deal forthrightly with federal agencies during negotiations and throughout the life of their contracts,” said Acting Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “We will hold accountable contractors who cause the government to pay more than it should for goods and services.”
“This settlement exhibits our dedication to recover overcharges paid by the government,” said Acting U.S. Attorney for the District of Columbia Michael R. Sherwin. “We expect our contracting partners to be fully candid with the government, and we will pursue those that fail to fulfill that expectation.”
"Today's settlement is a result of the successful partnership of the Office of Inspector General and the Department of Justice to protect and maintain the integrity of GSA's Multiple Award Schedule program,” said Carol F. Ochoa, Inspector General of GSA.
Cognosante investigated and disclosed to the United States the contractual violations resolved in the settlement. It received credit for its disclosure and cooperation.
The settlement was the result of a joint investigation by the General Services Administration OIG, the United States Attorney’s Office for the District of Columbia, and the Civil Division’s Commercial Litigation Branch. The claims resolved by the settlement agreement are allegations only and there has been no determination of liability.
Federal Contractor Agrees to Pay $18.98 Million for Alleged False Claims Act Caused by Overcharges and Unqualified LaborRead the Press Release
Cognosante LLC has agreed to pay the United States $18,987,789 to resolve allegations that it violated the False Claims Act by using unqualified labor and overcharging the United States for services provided to government agencies under two General Services Administration (GSA) contracts, the Justice Department announced today. Cognosante, which is headquartered in Falls Church, Virginia, provides health care and IT services and solutions to federal agencies.
GSA’s Multiple Award Schedule (MAS) contracts allow the federal government to leverage its buying power to achieve favorable pricing. Under MAS contracts, contractors negotiate with GSA to set maximum prices for goods and services subsequently ordered by agencies across the federal government. These contracts provide streamlined access to the federal marketplace.
The settlement resolves allegations that Cognosante overcharged the United States for services performed under two GSA MAS contracts, including by providing false information concerning Cognosante’s commercial discounting practices during contract negotiations. It also resolves allegations that Cognosante charged the United States for labor that failed to meet the qualifications in one of the contracts.
“MAS contract holders must deal forthrightly with federal agencies during negotiations and throughout the life of their contracts,” said Acting Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “We will hold accountable contractors who cause the government to pay more than it should for goods and services.”
“This settlement exhibits our dedication to recover overcharges paid by the government,” said Acting U.S. Attorney for the District of Columbia Michael R. Sherwin. “We expect our contracting partners to be fully candid with the government, and we will pursue those that fail to fulfill that expectation.”
“Today's settlement is a result of the successful partnership of the Office of Inspector General and the Department of Justice to protect and maintain the integrity of GSA's Multiple Award Schedule program,” said Carol F. Ochoa, Inspector General of GSA.
Cognosante investigated and disclosed to the United States the contractual violations resolved in the settlement. It received credit for its disclosure and cooperation.
The settlement was the result of a joint investigation by the GSA OIG, the U.S. Attorney’s Office for the District of Columbia, and the Civil Division’s Commercial Litigation Branch. The claims resolved by the settlement agreement are allegations only and there has been no determination of liability.
Executions Scheduled for Inmates Convicted of Brutal Murders Many Years AgoRead the Press Release
Attorney General William P. Barr today directed the Federal Bureau of Prisons to schedule the executions of three federal-death row inmates sentenced to death for staggeringly brutal murders, including the murder of a child and, with respect to two inmates, the murder of multiple victims.
- Alfred Bourgeois abused, tortured, and beat to death his young daughter. After a paternity test identified Bourgeois as the father of a two-and-a-half-year-old girl and a court ordered that he pay child support to the mother, Bourgeois took temporary custody of his daughter and brought her with him on a trucking route. While on the trip, Bourgeois systematically abused and tortured her — including by punching her in the face, whipping her with an electrical cord, and burning the bottom of her foot with a cigarette lighter. In July 2002, Bourgeois arrived at the Corpus Christi Naval Air Station for a delivery. While backing his truck up to a loading dock, his daughter tipped over her training potty. Bourgeois became enraged and repeatedly slammed the back of her head into the truck’s window and dashboard, killing her. On March 16, 2004, a jury in the U.S. District Court for the Southern District of Texas found Bourgeois guilty of murder within the special territorial jurisdiction of the United States, and unanimously recommended a death sentence, which the court imposed. His conviction and sentence were affirmed on appeal, and his requests for collateral relief were ultimately rejected by federal courts. In July 2019, his execution was scheduled for Jan. 13, 2020, but legal impediments prevented the government from proceeding at that time. Bourgeois is scheduled to be executed by lethal injection on Dec. 11, 2020, at the Federal Correctional Complex, Terre Haute, Indiana.
- Cory Johnson murdered seven people — Peyton Johnson, Louis Johnson, Bobby Long, Dorothy Armstrong, Anthony Carter, Linwood Chiles, and Curtis Thorne — in furtherance of his drug-trafficking activities. Between 1989 and July 1992, Johnson and several co-conspirators, including federal death-row inmates Richard Tipton and James Roane, were partners in a large drug-trafficking conspiracy based in Richmond, Virginia. In early 1992, Johnson went on a killing spree, shooting and killing each of the seven victims for perceived slights or rivalry in the drug trade. Johnson shot one victim at close range after ordering him to place his head on a car steering wheel. Johnson shot and killed another victim at the victim’s home when he failed to pay for crack cocaine — and Johnson also murdered the victim’s sister and a male acquaintance. In February 1993, a jury in the U.S. District Court for the Eastern District of Virginia found Johnson guilty of numerous federal offenses, including seven counts of capital murder, and unanimously recommended seven death sentences, which the court imposed. Johnson’s convictions and sentences were affirmed on appeal more than 24 years ago, and his initial round of collateral challenges failed 15 years ago. Johnson’s execution initially was scheduled to occur in May 2006, but a preliminary injunction prevented the government from proceeding until it was vacated this September. Johnson is scheduled to be executed by lethal injection on Jan. 14, 2021, at the Federal Correctional Complex, Terre Haute, Indiana.
- Dustin John Higgs kidnapped and murdered three women — Tamika Black, 19; Tanji Jackson, 21; and Mishann Chinn, 23. One evening in January 1996, Higgs and two friends drove to Washington, D.C., to pick up Black, Jackson, and Chinn, whom Higgs had invited to his apartment in Laurel, Maryland. At the apartment, Jackson rebuffed an advance by Higgs and the women left. Higgs offered the women a ride back to Washington, D.C., but instead drove to a secluded area in the Patuxent National Wildlife Refuge, ordered the women out of the vehicle, gave a gun to one of the friends, and said, “better make sure they’re dead.” The other man shot Black and Jackson in the chest and back, and shot Chinn in the back of the head, killing all three women. On Oct.11, 2000, a jury in the U.S. District Court for the District of Maryland found Higgs guilty of numerous federal offenses, including three counts of first-degree premeditated murder, three counts of first-degree felony murder, and three counts of kidnapping resulting in death, and unanimously recommended nine death sentences, which the court imposed. Higgs’ convictions and sentences were affirmed on appeal nearly 17 years ago, and his initial round of collateral challenges failed nearly eight years ago. Higgs is scheduled to be executed on Jan. 15, 2021.
Employee of Middletown Used Car Dealership Admits Role in Auto Loan Fraud SchemeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that JUSTIN WILLIAMS, 42, of Rocky Hill, waived his right to be indicted and pleaded guilty yesterday to one count of wire fraud arising from an auto loan fraud scheme.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding before U.S. Magistrate Judge Thomas O. Farrish occurred via videoconference.
According to court documents and statements made in court, Williams worked as a salesman and de facto general manager at a used car dealership located at 1075 Newfield Street in Middletown, known variously as Car Nation, LLC, Car Nation CT, LLC, and Middletown Motorcars, which was owned and operated by George Hajati. In connection with automobile loan applications for multiple borrowers, Williams, Hajati and others submitted documents and statements to victim lenders that falsely represented the borrower’s employment, salary, sources of income, and amount of a down payment. The false documents included fictitious or altered borrower pay stubs and income verification letters purportedly from the Social Security Administration. Williams submitted loan applications indicating that borrowers made salaries they did not make, worked at jobs they did not work, received income from the Social Security Administration they did not receive, and made down payments they did not make. In some instances, the borrower was not aware of, and did not authorize, Williams’ use of his or her personal identifying information to obtain automobile loans in these ways.
Between approximately November 2015 and June 2016, Williams defrauded lenders of $300,037.02 through this scheme.
Williams was arrested on a criminal complaint on January 16, 2020.
Williams was previously convicted of federal fraud charges related to a Hartford-area scheme to defraud mortgage lenders, and he was on federal supervised release at the time of the auto loan fraud.
At sentencing, which is not scheduled, Williams faces a maximum term of imprisonment of 30 years. He also faces additional penalties for violating the conditions of his supervise release.
Williams has been released on a $100,000 bond since his arrest.
Hajati pleaded guilty to one count of wire fraud stemming from this scheme. He also was previously convicted of federal fraud charges related to the Hartford-area mortgage fraud scheme and was serving a term of supervised release. In June 2020, he was sentenced to 27 months of imprisonment and ordered to pay $654,952.56 in restitution for his role in the auto loan fraud scheme, and was sentenced to an additional 21 months of imprisonment for violating the conditions of his supervised release.
This matter has been investigated by the Federal Bureau of Investigation and the Social Security Administration Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorneys Conor M. Reardon and David T. Huang.
East Hartford Man Who Operated Manchester Drug Mill Pleads Guilty to Fentanyl Trafficking ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, and Manchester Police Chief William Darby announced that LUIS CIURO, 36, of East Hartford, waived his right to be indicted and pleaded guilty today to one count of possession with intent to distribute 400 grams or more of fentanyl.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding before U.S. District Judge Kari A. Dooley occurred via videoconference.
According to court documents and statements made in court, on October 15, 2019, Manchester Police received a call reporting that a woman was yelling and displaying a gun outside of an apartment building on John Olds Drive in Manchester. Law enforcement had previously received information that an individual was operating a fentanyl mill in an apartment within the same building.
Responding officers conducted surveillance of the building and saw Ciuro exit the building and place a black bag into the trunk of a car. After Ciuro and another individual entered the car and it drove away, officers conducted a traffic stop. An officer opened the trunk of car and retrieved the bag that Ciuro had carried from the building. The bag contained one shoebox that contained approximately $70,000 in cash, and a second shoebox that contained two loaded handguns, both of which had been reported stolen. After Ciuro admitted to law enforcement that used an apartment on John Olds Drive to store and process narcotics, a search of the apartment revealed approximately 687 grams of fentanyl, .69 grams of PCP, four grams of psilocybin mushrooms, and various drug-packaging materials.
Ciuro’s criminal history includes a federal conviction for conspiring to distribute crack cocaine. On January 4, 2008, he was sentenced in New Haven federal court to 84 months of imprisonment for that offense.
Judge Dooley scheduled sentencing for February 12, 2021, at which time Ciuro faces a mandatory minimum term of imprisonment of 15 years and a maximum term of imprisonment of life.
The penalties in this case are enhanced based on Ciuro’s criminal history.
Ciuro is detained pending sentencing.
This investigation is being conducted by the Drug Enforcement Administration’s Hartford Task Force and the Manchester Police Department. The Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments.
This case is being prosecuted by Assistant U.S. Attorney Nathaniel J. Gentile.
Duval Man Sentenced to 80 Years for Producing Photographs of His Sexual Assault of an Infant and Eighteen-Month-Old ChildRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Harlon David Prater (Jacksonville, 28) to 80 years in federal prison for producing photographs of his ongoing sexual assaults of an infant and 18-month-old child, and for distributing child sexual abuse material. The court also ordered Prater to a life term of supervised release and to pay restitution.
Prater had pleaded guilty on January 17, 2020.
According to court documents, the Jacksonville Sheriff’s Office (JSO) began investigating reports of an individual sharing child sexual abuse material on social media and file-sharing applications. JSO determined that some of the files contained data indicating that the files were created at a residence in Duval County, Florida.
JSO detectives obtained a search warrant for the residence, where they encountered Prater. During an interview, Prater admitted to viewing and sharing child pornography. He also admitted that he had used his cellular telephone to produce files of child pornography depicting his sexual abuse of two different child victims. A forensic review of Prater’s cellular telephone revealed more than 900 images and more than 50 videos depicting the child exploitation of children. JSO forensics unit discovered photographs on Prater’s smart phone depicting Prater’s rape of an infant and also of an 18-month-old baby. Prater sent self-produced videos and images of child sexual abuse material to others using a social media application.
“These heinous crimes against children must come to an end,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “The sentencing in this case represents how committed HSI and our partners are about removing dangerous predators from our streets.”
This case was investigated by the Jacksonville Sheriff’s Office and Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit
www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Defendant Pleads Guilty to Involuntary Manslaughter after Killing a Man at a Tulsa Bus StationRead the Press Release
A Tulsa man pleaded guilty today to involuntary manslaughter in Indian Country after killing Barry James Harrell during a brief altercation in downtown Tulsa, announced U.S. Attorney Trent Shores.
At his plea hearing, Harlan Frank Hardiman, 51, admitted that on Sept. 3, 2020, he punched Harrell in the head at the downtown Tulsa Transit bus terminal located at 319 S. Denver Ave. As a result of the punch, the victim fell and hit his head on the concrete sidewalk. The defendant stated that he walked away from the victim as he lay motionless on the ground. Harrell subsequently died of a massive head bleed, called a subdural hematoma.
“Harlan Hardiman acted recklessly when he punched Mr. Harrell then walked away while the victim lay unresponsive on the sidewalk. Sadly, Mr. Harrel lay there 15 minutes before aid was rendered and died the following morning,” said U.S. Attorney Trent Shores. “Hardiman has now been held accountable for his actions, and a federal judge will sentence him at a hearing on Feb. 26, 2021.
The FBI and Tulsa Police Department conducted the investigation. Assistant U.S. Attorney Kevin Fletcher is prosecuting the case. AUSA Fletcher is a prosecutor from the Northern District of Iowa. He volunteered to assist prosecution efforts here in the Northern District of Oklahoma due to the increased volume of cases since the Supreme Court’s ruling which stated the Creek Nation Reservation had never been officially disestablished by Congress. The United States and the Muscogee (Creek) Nation have jurisdiction of all cases that occur on the reservation involving Native American victims or defendants.
Chinese National Pleads Guilty for Role in $1.1 Million Fraud SchemeRead the Press Release
ALEXANDRIA, Va. – A Chinese national pleaded guilty today to his role in a $1.1 million fraud conspiracy involving gift cards.
According to court documents, Jin Hong, 38, of Richmond, was part of a wire fraud conspiracy in which members of the conspiracy contacted victims by telephone or through social media and assumed fictitious identities. The conspirators falsely claimed to be from the Internal Revenue Service or an employee of a financial institution and falsely told victims they were entitled to money or under some form of immediate financial threat, such as having their personal identification information compromised by known criminals. Hong and his co-conspirators used these ruses and others to trick the victims into purchasing gift cards and then sending the gift cards’ redemption codes to them. The redemption codes allow the gift cards to be redeemed without being in possession of the physical card.
Hong, along with co-conspirators Shouming Sun, He Li, Yuchen Zhang, and others, then used the fraudulently obtained redemption codes to purchase goods totaling approximately $1.1 million.
Hong is scheduled to be sentenced on April 7, 2021. He faces a maximum penalty of 20 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; James A. Dawson, Special Agent in Charge of the FBI’s Washington Field Office Criminal Division; Colonel Edwin C. Roessler Jr, Chief of Fairfax County Police; and J. Russell George, Treasury Inspector General for Tax Administration, made the announcement after U.S. District Judge Anthony J. Trenga accepted the plea.
Assistant U.S. Attorney William Fitzpatrick and Special Assistant U.S. Attorney Viviana Vasiu are prosecuting the case.
This matter was investigated by the FBI Washington Field Office's Transnational Organized Crime Task Force which is composed by FBI agents along with local, state, and federal partners. Significant investigative assistance was provided by the Fairfax County Police Department.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-254.
Chichester Man Pleads Guilty to Distribution of FentanylRead the Press Release
CONCORD - Travis Dunn, 31, of Chichester, pleaded guilty in federal court on Thursday to distribution of fentanyl, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on August 27, 2019, Dunn aided and abetted two co-defendants by driving them to Lawrence, Massachusetts to pick up drugs for redistribution in New Hampshire. On the return trip, the co-defendants sold fentanyl to an individual who was cooperating with Nashua Police detectives. Immediately following the drug deal, detectives arrested Dunn and the co-defendants.
Dunn is scheduled to be sentenced on March 1, 2021.
“Massachusetts fentanyl distributors continue to work through New Hampshire dealers to amass profits,” said U.S. Attorney Murray. “The resulting fentanyl sales undermine the health and safety of our fellow citizens. Through Operation SOS, we are targeting the dealers who peddle fentanyl and other deadly drugs in Hillsborough County. By working closely with the Nashua Police Department, we are putting the drug dealers out of business and improving the quality of life in Nashua.”
This matter was investigated by the Nashua Police Department. The case is being prosecuted by Assistant U.S. Attorney Joachim H. Barth.
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
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Bronx Man Admits Trafficking a Kilogram of Heroin to PlattsburghRead the Press Release
UTICA, NEW YORK – Guisseppi Osorio, age 27, of the Bronx, New York, pled guilty yesterday to possessing and intending to distribute a kilogram of heroin.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division; and New York State Police Superintendent Keith Corlett.
Osorio admitted that on February 11, 2020, he hid 1,006 grams of heroin in the rear quarter panel of a vehicle. Once in Peru, New York, Osorio and his co-defendant driver, Alcibiades Fernandez-Nunez, were pulled over by the New York State Police. A subsequent search of the vehicle resulted in the police finding the heroin that the pair intended to distribute in Plattsburgh.
Osorio faces at least 10 years and up to life in prison, and at least 5 years of post-imprisonment supervised release, when United States District Judge David N. Hurd sentences him on March 18, 2021. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Fernandez-Nunez pled guilty to the same charge on August 13, 2020 and is scheduled to be sentenced on February 10, 2021.
The case was investigated by the DEA, with assistance from the New York States Police, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Bedford priest charged in scheme to defraud church of more than $250,000Read the Press Release
U.S. Attorney Justin Herdman announced today that a grand jury sitting in Cleveland has returned a 10-count indictment charging Andrey Kovalenko, age 52, formerly of Bedford, Ohio, with ten counts of mail fraud. The defendant was previously charged by criminal complaint.
“This defendant is accused of using his position as a priest to embezzle funds intended to serve his parishioners and the community,” said U.S. Attorney Justin Herdman. “The defendant’s alleged embezzlement was so wide-ranging that at least one local parish suffered financial ruin. He must now answer for these actions in federal court.”
According to the indictment, the defendant is an ordained Russian Orthodox priest and was employed as the Director of the Shrine of Mariapoch (SOM) in Burton, Ohio, from May 2014 to June 2015. In addition, from January 2015 through July of 2018, the defendant was employed as the Administrator and Pastor of Saint John Hungarian Byzantine Catholic Church (SJHBCC) in Solon, Ohio and Saint Eugene Byzantine Catholic Church (SEBCC) in Bedford Heights, Ohio.
Through these positions, the defendant had access to several bank accounts, checks and debit cards associated with the religious institutions that he managed. The Byzantine Catholic Eparchy of Parma, which presided over the individual named parishes, had guidelines established for its priests and administrators that detailed the expenses a parish would pay for its priests
and administrators, and the items eligible for reimbursement.
The indictment states that from on or about May 16, 2014, until on or about June 15, 2015, the defendant is accused of embezzling approximately $35,686.97 from SOM bank accounts for prohibited personal expenses, including, but not limited to, payments to grocery, automotive, and department stores.
Furthermore, from on or about January 16, 2015, until on or about July 21, 2018, the indictment alleges that the defendant embezzled approximately $70,404.32 from SJHBCC bank accounts for prohibited personal expenses, including, but not limited to, payments to automobile dealers, contractors, grocery, automotive and department stores, online shopping outlets, and online music services.
Additionally, from on or about January 16, 2015, until on or about July 21, 2018, the defendant is accused of embezzling approximately $187,898.38 from SEBCC bank accounts for prohibited personal expenses, including, but not limited to, payments to an online firearm and ammunition sales company, automobile dealers, grocery, automotive and department stores, online shopping
outlets, and online music services.
As part of his scheme, the defendant is accused of purchasing two freight storage containers from funds associated with SEBCC’s bank account and embezzling fees for the rental of SEBCC’s hall for weddings and other events.
In total, the defendant is accused of embezzling approximately $293,989 from the SOM, SJHBCC, and SEBCC bank accounts for his own personal enrichment. As a result of the defendant’s actions, Saint Eugene Byzantine Catholic Church was closed due to its financial condition.
After the defendant was terminated from the Eparchy of Parma, he continued to use a SJHBCC debit card while in Georgia and Florida for personal expenses totaling approximately $2,035.06.
The indictment charges that from May 16, 2014, until on or about July 31, 2018, the defendant utilized the United States Postal Service and private and commercial interstate carriers to execute his scheme to defraud.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation.
In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Cleveland Division of the FBI. This case is being prosecuted by Assistant U.S. Alejandro A. Abreu.
Atlanta pharmacy operators sentenced to federal prison for more than $4 million WIC fraud schemeRead the Press Release
Three owners and operators of an Atlanta pharmacy have been sentenced to federal prison for a multi-million dollar fraud scheme that targeted the Georgia Women, Infants, and Children (“WIC”) program. The defendants bought WIC vouchers from low-income recipients at a discount and then fraudulently sought reimbursement from the federal government at a higher dollar amount as if they had actually provided nutritious food to those recipients.
“The defendants abused a program intended to assist those most in need and diverted public funds to satisfy their own greed,” said U.S. Attorney Byung J. “BJay” Pak. “Vendors who buy WIC vouchers abuse the trust placed in them to serve pregnant woman and young children, and they will be shut down and prosecuted.”
“This investigation and prosecution should send a strong zero-tolerance message to those individuals engaged in the practice of defrauding the taxpayer funded WIC program,” said Jason Williams, Special Agent-in-Charge, USDA-Office of Inspector General. “It should also serve as a warning to all stores that participate in the WIC program as vendors that fraud and trafficking (purchasing those benefits for cash) will be vigorously investigated and prosecuted by the USDA-OIG, the U.S. Attorney's Office, and all its federal, state, and local partners that have a stake in ensuring that fraud is eliminated from taxpayer-funded programs.”
According to U.S. Attorney Pak, the charges and other information presented in court: Pauline Mediko Badiki and Ferdinand Mediko were siblings who owned and operated Poly-Plex Pharmacy, which is located in the Bankhead neighborhood of Atlanta. Monica Mediko, who was Ferdinand Mediko’s wife, worked there as a pharmacy technician. In 2005, Poly-Plex became an authorized vendor of the WIC program, which is a U.S. Department of Agriculture food grant program administered statewide by the Georgia Department of Public Health. The WIC program provides healthy foods to low-income pregnant women, as well as infants and children up to age five who are nutritionally at risk. WIC recipients receive benefits in the form of paper vouchers, which can be exchanged at authorized vendors only for the healthy foods listed on the vouchers. As part of their participation as authorized vendors, the defendants received training on WIC program rules, including the prohibition on buying vouchers.
From at least 2009 through June 2013, the defendants bought WIC vouchers from low-income mothers for a fraction of their face value instead of providing the infant formula and nutritious food listed on the vouchers. After purchasing the vouchers, the defendants deposited them into their bank accounts as if they had provided recipients with the healthy foods listed on the vouchers and sought reimbursement from the U.S. Department of Agriculture.
During the time frame of the conspiracy, the defendants deposited tens of thousands of WIC vouchers that resulted in approximately $6.5 million in reimbursements from federal funds, which far surpassed the WIC redemptions from much larger big-box grocery stores located just miles away. More than $4 million of these redemptions were fraudulent and not supported by Poly-Plex’s actual inventory of food and infant milk during the same time period.
Pauline Mediko Badiki, 56, of Atlanta, Georgia and Ferdinand Mediko, 58, of Atlanta, Georgia, were sentenced to four years and six months in prison, and Monica Mediko, 53, of Atlanta, Georgia, to three years in prison by U.S. District Judge Eleanor L. Ross. Each defendant was also sentenced to two years of supervised release and a special assessment of $3700, and they will be ordered to pay restitution in an amount to be determined at a later hearing. The defendants were convicted at trial on December 10, 2019 of wire fraud conspiracy and 12 counts each of wire fraud, theft of government funds, and WIC fraud.
This case was investigated by the U.S. Department of Agriculture, Office of the Inspector General.
Assistant U.S. Attorneys Nathan P. Kitchens, Deputy Chief of the Cyber and Intellectual Property Crimes Section, and Thomas J. Krepp prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Armed Career Criminal Sentenced to 15 Years in Prison for Possessing A FirearmRead the Press Release
Fort Myers, Florida – United States District Judge John L. Badalamenti has sentenced Isaac D. Harvin (27, Fort Myers) to 15 years in federal prison for possessing a firearm as a convicted felon. Harvin had pleaded guilty on February 14, 2020.
According to court documents, on April 2, 2019, Fort Myers Police Department officers initiated a traffic stop of Harvin’s vehicle after it was confirmed that he was driving without a valid driver’s license. When Harvin exited the driver door, officers smelled the scent of burnt marijuana coming from inside the vehicle. Officers searched the vehicle and located a loaded handgun in the driver side inner kick-panel closest to where the driver’s right knee would be. Harvin was the vehicle’s only occupant. As a previously convicted felon, Harvin is prohibited from possessing firearms or ammunition under federal law.
This case was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Myers Police Department. It was prosecuted by Assistant United States Attorney Trent Reichling.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Arkansas Man Arrested for Attempting to Induce the Molestation of A 9-Year-Old and Producing A Child Sex Abuse Video Using A Social Messaging AppRead the Press Release
Jacksonville, Florida – Cody Dillon Hogan (25, Leachville, Arkansas) has been indicted by a federal grand jury in Jacksonville for attempting to induce the molestation of a 9-year-old child and the production of a child sex abuse video using a popular social messaging app. If convicted, Hogan faces a mandatory minimum penalty of 15 years, and up to 30 years, in federal prison, and a potential life term of supervised release. Hogan was arrested at his residence in Leachville, Arkansas on November 9, 2020, and was subsequently detained pending trial in Jacksonville, which is scheduled for January 4, 2021.
According to court documents and testimony, over a period of several weeks, an undercover FBI agent in Jacksonville, posing as the parent of a 9-year-old child, engaged in online conversations with Hogan using an online social messaging app. During these conversations, Hogan repeatedly solicited the “parent” to produce a pornographic video of the 9-year-old child and sent the undercover agent a $50 gift card as payment. Hogan also gave the “parent” detailed instructions as to how he wanted the “child” to be molested for the requested video.
On November 9, 2020, law enforcement executed a federal search warrant at Hogan’s residence in Arkansas. When interviewed, Hogan admitted that he had had online conversations with the mother of the 9-year-old child about producing and sending him a pornographic video of the child. He also admitted to having sexually explicit conversations online with three additional minor children and convincing two of them to produce and send him pornographic images and videos. A forensic review of Hogan’s iPhone revealed that it contained at least 20-30 videos of prepubescent minor females, 4-8 years old, engaged in sexually explicit conduct.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation in Jacksonville and Jonesboro, Arkansas, and the Jonesboro Police Department. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit
www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Antigravity Effects, Results Laboratories, Their Owner, and Employee to Pay $500,000 to Resolve False Claims Act AllegationsRead the Press Release
Antigravity Effects, LLC (AGE), Results Laboratories LLC (Results), their owner, Mathias Berry, and employee Kate Ross, have agreed to pay the United States $500,000 to resolve False Claims Act allegations that they knowingly billed Medicare for medically unnecessary viscosupplementation injections and medically unnecessary knee braces that were also tainted by illegal kickbacks, the Department of Justice announced today.
Berry has also agreed to an eight-year period of exclusion from participation in federal health care programs, and Ross has agreed to a five-year period of exclusion. Results and AGE are no longer operating.
Viscosupplementation is a treatment therapy for osteoarthritis, in which a doctor injects a gel-like fluid into a patient’s knee joint to act as a lubricant and to supplement the natural properties of joint fluid. AGE licensed branding and business methods for viscosupplementation to chiropractors across the country, which led to the formation of the Osteo Relief Institutes (ORIs). One of those ORIs was based in Minnesota. AGE and Berry received license fees from the ORIs based on their collections. Results acted as a group purchaser for the ORIs to order and purchase medical supplies, including viscosupplements and custom knee braces. Berry owned both companies, and Kate Ross worked for AGE.
The settlement resolves allegations that AGE, Results, Berry, and Ross knowingly caused the ORIs to submit claims to Medicare from 2011 through 2017 for medically unnecessary viscosupplementation and medically unnecessary knee braces that were also tainted by illegal kickbacks. The government alleged that AGE, Results, Berry, and Ross pressured these clinics to administer viscosupplementation injections to patients who did not need them, to use multiple brands of viscosupplements successively on patients without clinical support, and to use discounted viscosupplements reimported from foreign countries.
This settlement also resolves allegations that AGE, Results, Berry, and Ross caused the ORIs to provide unnecessary custom knee braces to patients that were also tainted by illegal kickbacks solicited and received by Results and Berry from Vision Quest, Incorporated (VQ), a knee brace manufacturer located in Irvine, California, in exchange for arranging for the ORIs to purchase the manufacturer’s braces. The United States filed suit against VQ this week, alleging that VQ paid kickbacks to Results in order to sell knee braces to the ORIs.
“Billing Medicare for medically unnecessary procedures and for unnecessary medical devices tainted by kickbacks wastes taxpayer funds and jeopardizes patient health,” said Erica H. MacDonald, U.S. Attorney for the District of Minnesota. “Today’s settlement demonstrates that we will continue to pursue those who seek to enrich themselves at the expense of both taxpayers and patients.”
“The billing of medically unnecessary services and products as well as paying kickbacks to induce medical practitioners to provide such services and products is illegal,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “The OIG routinely conducts data analysis in an effort to identify aberrant and potentially fraudulent billing trends and will take action to hold accountable those who seek to defraud federally funded health care programs.”
This settlement is based on the entities’ and individuals’ ability to pay and could total up to $3.875 million, if certain contingencies are triggered.
The allegations resolved by today’s settlement stem from a proactive government investigation based on a critical analysis of Medicare claims data. This effort also led to other previously announced settlements with several former Osteo Relief Institutes and others for their alleged roles in this scheme.
The government’s settlement in this matter illustrates its emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
The matter was investigated by the U.S. Attorney’s Office for the District of Minnesota, the Civil Division’s Commercial Litigation Branch, the Department of Health and Human Services Office of Inspector General, and the Federal Bureau of Investigation. The claims asserted against defendants are allegations only, and there has been no determination of liability.
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Air-Ambulance Company Agrees to Pay $825,000 to Settle Claims for Operating A Helicopter with "Severely Corroded" PartsRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Air Methods Corporation has agreed to pay $825,000 to settle a civil case alleging that the company violated Federal Aviation Administration (“FAA”) regulations by operating an emergency-services helicopter with severely corroded pitot tubes.
Pitot tubes are components of the pressure measurement system used to determine airspeed. If a pitot tube is not functioning properly, it can cause the airspeed reflected on a helicopter’s instruments to vary significantly from the actual airspeed, cause the helicopter’s auto-pilot to disengage, and present serious safety concerns.
Air Methods, headquartered in Greenwood Village, Colorado, is the country’s largest air medical transport services provider. Air Methods provides emergency transportation to trauma victims, and other patients requiring urgent transfers between medical facilities on its fleet of more than 450 helicopters and fixed-wing aircraft.
Air Methods’ aviation operations are regulated by the FAA, which, as part of its mission to ensure safety, routinely inspects aircraft within its jurisdiction.
The United States contends that on November 4, 2014, an FAA Aviation Safety Inspector inspected an Air Methods helicopter in Tampa, Florida. During that inspection, the safety inspector noticed that the helicopter’s pitot tubes were severely corroded and crumbling to the touch. The inspector informed Air Methods and took photographs to document the corrosion.
When Air Methods showed the photographs to the manufacturer of the helicopter, an employee of the manufacturer responded that the parts were “obviously” outside the scope of what would be considered serviceable to keep a pitot tube in service and recommended replacing the part(s) “as soon as possible.” Internally, Air Methods’ employees agreed that severely corroded pitot tubes “are way beyond acceptable” and “indicative that our crews are not paying attention.” Even so, Air Methods continued to operate the helicopter with severely corroded pitot tubes for several more days before replacing the parts.
On November 4, 2019, the United States filed a civil action, United States v. Air Methods Corp., 19-cv-03130-RM-NRN (D. Colo.), seeking to recover civil penalties from Air Methods. The United States contended that, by operating an air-ambulance helicopter with severely corroded pitot tubes, Air Methods violated FAA “airworthiness” regulations, which require aircraft to be in a condition for safe operation.
Air Methods has now agreed to pay $825,000 to settle the lawsuit.
“When an FAA safety inspector informs an air-ambulance company about a potential safety issue, the company needs to address it immediately,” said U.S. Attorney Jason Dunn. “The consequences of not working cooperatively with the FAA to minimize safety risks can be disastrous for the crew and for those being transported while seriously ill or injured. This settlement reflects how seriously we take any regulatory violations that could create such unnecessary risks.”
The claims against Air Methods are allegations, and in agreeing to settle this matter, Air Methods did not admit to any liability.
This case was being handled by Assistant U.S. Attorneys Ian Kellogg and Andrea Wang in the U.S. Attorney’s Office for the District of Colorado.
Activity in the United States Attorney's OfficeRead the Press Release
Chief Federal District Court Judge Scott W. Skavdahl sentenced ANTONIO CORTES SAEZ, 24, of Gillette, Wyoming on November 13, 2020 for conspiracy to distribute methamphetamine and possession of firearms in furtherance of a drug trafficking crime. Saez was arrested in Gillette, Wyoming. He received one hundred eighty one months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay a $200.00 special assessment. The Wyoming Division of Criminal Investigation investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced MARK ALAN ALDERTON, 39, of Casper, Wyoming on November 13, 2020 for failure to register as a sex offender. Alderton was arrested in Casper, Wyoming. He received fifteen months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay a $100.00 special assessment. The INVESTIGATING AGENCY investigated this case.
Thursday 19 November 2020
Worcester Man Indicted for Being a Felon in Possession of Firearm and AmmunitionRead the Press Release
BOSTON – A Worcester man was indicted by a federal grand jury today for being a felon in possession of a firearm and ammunition.
Nicholas Briggs, 21, was indicted on one count of being a felon in possession of a firearm and ammunition. Briggs is currently in state custody and will make an initial appearance in federal court in Worcester at a later date.
According to court documents, on July 4, 2020, Briggs was arrested by police for carrying a loaded Glock pistol. Briggs is prohibited from possessing a firearm due to prior convictions punishable by more than one year in prison.
The charging statute provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Danial E. Bennett of Lelling’s Worcester Branch Office is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Worcester Man Charged with Money Laundering and Tax Fraud ChargesRead the Press Release
BOSTON – A federal grand jury in Worcester returned a superseding indictment adding money laundering and tax fraud charges against a Worcester man already under indictment for cocaine and firearms charges.
William Hoey, 40, was indicted in a superseding indictment with two counts of money laundering and three counts of filing a false and fraudulent tax return.
These charges augment the November 2019 indictment charging Hoey with three counts of possession with intent to distribute cocaine and distribution of cocaine; one count of possession with intent to distribute cocaine; one count of possession with intent to distribute more than 500 grams of cocaine; one count of using and carrying a firearm during and in relation to, and possessing a firearm in furtherance of, a drug trafficking crime; and one count of possession of a firearm in furtherance of a drug trafficking crime.
According to the indictment, Hoey was involved in at least two financial transactions involving proceeds from illegal controlled substances, and he knew that the transactions were designed to conceal the nature of the illegal proceeds. The first transaction involved an $80,400 check issued on Oct. 25, 2019. The second transaction occurred on March 24, 2020 and involved a check for approximately $87,000. It is further alleged that Hoey filed false and fraudulent tax returns for himself in 2016, 2017 and 2018 in which he falsely reported his total income for those years.
The charge of possession with intent to distribute cocaine and distribution of cocaine provides for a sentence of up to 20 years in prison, at least three years and up to life of supervised release and a fine of up to $1 million. The charge of possession with intent to distribute more than 500 grams of cocaine provides for a sentence of at least five years and up to 40 years in prison, at least four years and up to life of supervised release and a fine of up to $5 million. The charge of using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of drug trafficking, provides for a mandatory sentence of five years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of money laundering provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $500,000. The charge of filing a false tax return provides for a sentence of up to three years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; and Joleen Simpson, Acting Special Agent in Charge of Internal Revenue Service-Criminal Investigations made the announcement today. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Whittier Paralegal Pleads Guilty to Wire Fraud Charge for Embezzling Money from Immigration Law Firm ClientsRead the Press Release
LOS ANGELES – A Los Angeles County paralegal pleaded guilty today to defrauding more than 100 immigration law firm clients in Southern California by depositing their payments for immigration-related application filing fees or legal services into her personal bank accounts.
Tanya Garcia, 41, of Whittier, pleaded guilty to one count of wire fraud.
According to her plea agreement, from October 2014 to October 2018, Garcia worked at multiple immigration law firms in Los Angeles and Riverside counties. The law firms assisted clients with matters such as obtaining asylum, relief from deportation, U.S. residency and citizenship, and work permits.
Garcia admitted she met with the law firms’ clients and collected payments from them in the form of money orders or checks, representing that the payments would be used for application filing fees with United States Citizenship and Immigration Services (USCIS) or for immigration-related legal services provided by the law firms.
As part of her scheme to defraud, Garcia sometimes instructed clients to leave the “pay to” line of money orders or checks blank and at other times she informed the clients that she would complete the money orders or checks for them. Garcia generally would then write her own name in the “pay to” line of the money orders or checks. Other times, Garcia crossed out “U.S. Department of Homeland Security” from the “pay to” line of money orders and wrote in her own name. Garcia admitted she deposited the clients’ money orders and checks into her personal bank accounts and used the funds to pay off personal expenses including credit card payments, clothing, and food.
In many cases, when the immigration law firms’ clients realized they were not receiving legal services or their immigration-related applications were not being processed by USCIS after providing payment to Garcia, Garcia provided false explanations for the delays or lack of response from USCIS. She also admitted that sometimes she refused to permit the clients to speak to a licensed attorney at the law firms.
In total, Garcia admitted to defrauding at least 144 victim clients. She also admitted to defrauding the clients and the immigration law firms out of approximately $199,077.
United States District Judge George H. Wu has scheduled a February 25, 2021 sentencing hearing, at which time Garcia will face a statutory maximum sentence of 20 years in federal prison.
This matter was investigated by United States Secret Service, the Inglewood Police Department, and the United States Postal Inspection Service.
This case is being prosecuted by Assistant United States Attorneys Brian R. Faerstein of the Environmental and Community Safety Crimes Section, and Patrick Castañeda of the International Narcotics, Money Laundering, and Racketeering Section.
Western District of Washington receives funding to hire dedicated prosecutor to combat Cares Act Unemployment Insurance fraudRead the Press Release
Seattle — United States Attorney Brian T. Moran announced today that the Western District of Washington has been allocated funding to hire an Assistant United States Attorney (AUSA), for a one-year term, who will focus on prosecuting cases involving fraudulent schemes to obtain unemployment insurance (UI) benefits and related offenses through the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020.
The CARES Act allocated $270 billion for supplemental federal UI benefits. Additionally, President Trump directed that $44 billion in federal Disaster Relief Funds be used to provide supplemental UI benefits to eligible claimants. The substantial increase in funding for UI benefits spurred a dramatic spike in UI fraud across the country, resulting in the theft of federal funds intended to help those struggling with unemployment during the current pandemic and economic crisis.
“Federal law enforcement, and the attorneys in this office, acted quickly this spring to alert the state to significant fraud losses and got financial institutions to put a hold on suspicious payments,” said U.S. Attorney Moran. “We continue the work of identifying and ultimately prosecuting those who defrauded the system. These extra resources will keep that work moving as we untangle the complex layers of the fraud schemes.”
Last May, the U.S. Attorney’s Office noted that a diligent financial institution, with which agents were working, was able to prevent $120 million from being distributed to criminals. Agents assisted in freezing and recovering millions of additional dollars, with assistance from scores of other banks and credit unions. The Social Security Administration Office of the Inspector General, the Secret Service, the FBI, Internal Revenue Service Criminal Investigation, and the United States Postal Inspection Service, and the Department of Labor Office of the Inspector General have all been working to trace the fraud, build criminal cases, and attempt to reclaim the criminal proceeds. The Washington Employment Security Department is cooperating in the investigation.
The U.S. Department of Justice, in close coordination with the U.S. Department of Labor and other federal agencies, created the U.S. Department of Justice National Unemployment Insurance Fraud Task Force. This task force is charged with investigating numerous CARES Act fraud schemes targeting the unemployment insurance programs of state workforce agencies and will work closely with United States Attorneys’ Offices to prosecute those individuals who have fraudulently diverted these funds from those struggling with unemployment.
The Department encourages the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.
Warren County Businessman Arrested for Fraudulently Obtaining Nearly $2 Million in Loans Meant to Help Small Businesses During COVID-19 PandemicRead the Press Release
NEWARK, N.J. – A Warren County, New Jersey, businessman who fraudulently obtained nearly $2 million in federal Paycheck Protection Program (PPP) loans will make his initial court appearance today, U.S. Attorney Craig Carpenito and Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division announced.
Rocco A. Malanga, 37, of Hackettstown, New Jersey, is charged by criminal complaint with one count of wire fraud, two counts of bank fraud, and one count of money laundering. He made his initial appearance by videoconference today before U.S. Magistrate Judge Joseph A. Dickson and was released on $750,000 unsecured bond.
According to documents filed in this case and statements made in court:
Malanga used a variety of false statements to fraudulently obtain approximately $1.8 million in federal COVID-19 emergency relief funds meant for distressed small businesses. Malanga submitted at least three PPP loan applications on behalf of three different business entities that fabricated their number of employees and average monthly payroll. He then diverted the PPP loan funds to accounts under the control of his relatives, including his minor children, and to another company that did not obtain a PPP loan.
In one instance, Malanga submitted a PPP loan application on behalf of one of his companies that had supporting documentation that claimed that the company had 47 employees, a monthly payroll of $324,081, and paid employees approximately $3.9 million in total compensation for 2019. Contrary to this documentation and these representations, IRS records showed that the company paid no salaries or wages in 2019.
Based on Malanga’s alleged misrepresentations, the three PPP loans were funded. As a result, Malanga received a total of nearly $1.8 million in federal COVID-19 emergency relief funds meant for distressed small businesses.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted March 29, 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.
The count of wire fraud carries a maximum penalty of 30 years in prison and a $1 million fine; the two counts of bank fraud carry a maximum penalty of 30 years in prison and a $1 million fine; and the count of money laundering carries a maximum penalty of 10 years in prison and a $250,000.
U.S. Attorney Carpenito and Acting Assistant Attorney General Rabbitt credited inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Raimundo Marrero; and special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez, with the investigation leading to the charges. They also thanked the Office of Inspector General for the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection; the Federal Deposit Insurance Corporation, Office of Inspector General; and the Social Security Administration, Office of the Inspector General.
The government is represented by Assistant U.S. Attorney Blake Coppotelli of the District of New Jersey and Trial Attorney Della Sentilles of the Fraud Section of the Department of Justice.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The charges and allegations in the complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty in a court of law.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney's Office Closes Investigation into the Death of Deon KayRead the Press Release
WASHINGTON – The U.S. Attorney’s Office for the District of Columbia will not pursue federal criminal civil rights charges against the Metropolitan Police Department (MPD) officer involved in the fatal shooting of 18-year-old Deon Kay, the Office announced today.
Officials from the U.S. Attorney’s Office’s Public Corruption and Civil Rights Section (PCCR) and MPD’s Internal Affairs Division (IAD) informed representatives of Mr. Kay’s family today of this determination. Based on the results of a thorough investigation, the U.S. Attorney’s Office cannot prove, beyond a reasonable doubt, that the MPD officer who shot Mr. Kay committed willful violations of the applicable federal criminal civil rights statute.
PCCR and IAD conducted a thorough review of Mr. Kay’s shooting, including examining: statements from officers and civilians on the scene; a voluntary statement from the officer who shot Mr. Kay; body worn camera (BWC) footage; radio transmissions; evidence collected from the incident scene and attendant results of forensic tests; and autopsy and toxicology reports. The review uncovered no evidence that would support a criminal prosecution.
The investigation determined that, on September 2, 2020, an MPD officer fatally shot Mr. Kay, an 18-year-old District resident, during an encounter in a small parking lot near 225 Orange Street, Southeast. According to information obtained during the investigation, the MPD officer and other officers reported to that location because they had obtained information that there were individuals there displaying firearms from inside a parked car. When the officers arrived, individuals inside the parked car exited and ran, including Mr. Kay. One officer encountered Mr. Kay and shot him in the chest. That officer’s BWC shows that Mr. Kay was holding a gun in his right hand and, in approximately the same instant that the officer fired, raised his right arm with the gun in his hand. Mr. Kay tossed the gun, which was found approximately 98 feet from where he was shot. The investigation did not determine whether Mr. Kay tossed the gun deliberately or in response to being shot at. MPD officers on scene administered emergency medical measures and Mr. Kay was transported to George Washington University Hospital, where he passed away approximately 45 minutes after the shooting. Another individual who was inside the parked car with Mr. Kay was found to be in possession of a gun.
The focus of the criminal investigation was to determine whether federal prosecutors could prove that the officer violated any federal or local laws, concentrating on the possible application of 18 U.S.C. § 242, a federal criminal civil rights statute. In order to establish a violation of this statute, prosecutors must prove, beyond a reasonable doubt, that the officer acted willfully to deprive Mr. Kay of a right protected by the Constitution or other law, here the Fourth Amendment right not to be subjected to an unreasonable seizure. Prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that he did so “willfully,” which the Supreme Court has interpreted to mean he acted with a bad purpose to disregard the law. As this requirement has been interpreted by the courts, evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent required under Section 242.
The investigation revealed no evidence to establish beyond a reasonable doubt that the officer willfully committed a violation of 18 U.S.C. § 242. Specifically, the U.S. Attorney’s Office is unable to disprove a claim of self-defense or defense of others by the officer involved, who fired a single shot at Mr. Kay within one second of Mr. Kay holding a gun in his hand and raising his arm. The U.S. Attorney’s Office has therefore closed its investigation into this matter.
U.S. Attorney Scott Brady Establishes “Dick Thornburgh Award” to Recognize an Outstanding Federal Prosecutor in the Western District of PennsylvaniaRead the Press Release
PITTSBURGH – United States Attorney Scott Brady of the Western District of Pennsylvania has established an annual award to recognize sustained outstanding performance by an Assistant United States Attorney in the U.S. Attorney’s office.
"The Dick Thornburgh Award will be presented annually to an outstanding federal prosecutor in the Western District of Pennsylvania who exhibits the commitment to justice and the highest ethical standards that were embodied by General Thornburgh throughout his career," said U.S. Attorney Brady. "General Thornburgh casts a long shadow, and his impact on the US Attorney’s Office, the Commonwealth of Pennsylvania, the Department of Justice and to our great Republic has been profound."
Mr. Thornburgh is a former Attorney General of the United States, U.S. Attorney for the Western District of Pennsylvania, and Pennsylvania Governor.
"General Thornburgh’s legacy has been one not only of fierce intellect and love of justice, but also, like the Pittsburgher he is, an impact infused with his trademark integrity, grace and humility," U.S. Attorney Brady added. "Because of this great legacy, I thought it was important to honor him with an annual award for our top prosecutor."
The inaugural award was presented on November 5, 2020, at the Western Pennsylvania Law Enforcement Agency Directors’ (LEAD) 22nd Annual Awards Ceremony at Freedom Farms Event Center, in Valencia, Pennsylvania. Former Pennsylvania Governor and U.S. Attorney for the Western District of Pennsylvania, Tom Corbett, presented the inaugural award to Assistant U.S. Attorney Brendan T. Conway, Chief of the Major Crimes division.
U.S. Attorney General William Barr provided a videotaped statement of congratulations to AUSA Conway in which AG Barr recalled his work experiences with Dick Thornburgh, the first Attorney General for whom he worked. AG Barr recalled General Thornburgh as "substantive – a lawyer’s lawyer", "an outstanding leader" and "a man of unquestioned integrity and courage".
"Away from the Department, he was a model of personal decency and public service, contributing on issues ranging from international affairs to the rights of the disabled," AG Barr added. "He remains a generous, good-hearted man, and all those he touched along the way will be forever grateful.
John Thornburgh, a senior partner with WittKieffer, offered brief remarks on behalf of his father. "My father is truly honored by this recognition," he said. "He has a lifelong passion for the Department of Justice, and is thrilled to have his name associated with this annual award given for outstanding service in the U.S. Attorney's office where his career began."
"I am humbled and honored to be named the recipient of the inaugural Dick Thornburgh award. General Thornburgh has a long legacy of integrity and public service that we at the U.S. Attorney’s Office try to emulate," said AUSA Conway. "This award represents the hard work and dedication of many, including not only professionals in our office, but also our law enforcement partners who investigate the cases we prosecute. I am proud to represent them in accepting this prestigious award."
Dick Thornburgh was born on July 16, 1932 in Pittsburgh, Pennsylvania. He graduated with a bachelor’s degree in engineering from Yale University in 1954 and earned his LL.B degree from the University of Pittsburgh in 1957. Mr. Thornburgh also holds honorary degrees from 31 colleges and universities.
Following law school, Mr. Thornburgh worked in private industry until 1959 when he joined the Pittsburgh law firm then known as Kirkpatrick & Lockhart. In 1967, he was elected as a delegate to the Pennsylvania Constitutional Convention. From 1969 to 1975, Mr. Thornburgh was the U.S. Attorney for the Western District of Pennsylvania and was appointed Assistant Attorney General for the Criminal Division in 1975, serving two years in Washington, D.C. in that role before returning to private practice as a partner at Kirkpatrick & Lockhart. Pennsylvania elected Mr. Thornburgh governor in 1979 and he served two terms. Mr. Thornburgh also taught courses at the Harvard University Kennedy School of Government and directed that school’s Institute of Politics from 1987 to 1988.
Appointed by President Reagan, Dick Thornburgh was sworn in as Attorney General on August 12, 1988. President George H.W. Bush reinstated him as Attorney General in 1989 and he served until 1991. In 1992, the American Legion honored Mr. Thornburgh with its highest award, the "Distinguished Services Medal." He published his autobiography in 2003 entitled, Where the Evidence Leads: The Autobiography of Dick Thornburgh.
U.S. Attorney Minkler recognizes current and former Kokomo Police OfficersRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler was joined today by Kokomo Mayor Tyler Moore, Kokomo Police Chief Doug Stout, and DEA Assistant Special Agent-in-Charge Michael Gannon, to recognize five current and former Kokomo Police Officers and their outstanding work with federal agents on dismantling a large drug ring in Kokomo.
“This was a complicated case with many moving parts,” said Minkler. “But the work of these outstanding officers paid off, and the streets of Kokomo are much safer because of it. Each of them worked hand in hand with our federal law enforcement partners to hold the accused accountable and provide justice to the citizens of Kokomo. It is a privilege for me to work daily with law enforcement officers and federal agents from across this great state. I see time and time again the dedication that officers, and their federal partners commit to the many cases that we prosecute. So, I am grateful that I can recognize their work today, and I encourage all citizens to recognize the efforts of our police officers, and to thank them whenever the opportunity presents itself.”
DEA Assistant Special Agent in Charge, Michael Gannon said, “Operation Law and Order was a huge success and a big win for the fine citizens of Kokomo and the surrounding area. The exceptional investigative work done by the Kokomo Police Department, the United States Attorney’s Office, the Internal Revenue Service Criminal Investigation, and the Drug Enforcement Administration, prevented a murder for hire plot and dismantled the most violent drug trafficking organization operating in Kokomo. Reggie Balentine, Michael Jones, Michael O’Bannon, Pierre Riley, and others utilized violence, fear and intimidation to fuel their illicit drug trafficking. Their lengthy prison sentences will allow the citizens of Kokomo to sleep better and puts all drug dealers on notice that DEA and their state, local and federal counterparts will utilize all resources available to hold violent offenders accountable.”
“Recognition for IRS Criminal Investigation’s work with the United States Attorney’s Office and our partner agencies to dismantle drug trafficking organizations only solidifies the importance of our work and these partnerships”, said Tamera Cantu, IRS-CI Acting Special Agent in Charge, Chicago Field Office. “IRS-CI was proud to contribute our financial expertise to this investigation which has had a direct impact on the safety of the Kokomo community.”
U.S. Attorney Minkler presented the Kokomo Police Department with a large engraved plaque with the officer’s names and their accomplishment. Each officer also received a United States Attorney Award certificate and an Officer Appreciation Certificate from the DEA.
Those honored today included:
- Captain Shane Melton, Kokomo Police Department
- Captain Austin McClain, Kokomo Police Department
- Lieutenant Zach Rodman, Kokomo Police Department
- Officer Derek Root, Fishers Police Department
- Cody Rayls
During the investigation, agents seized approximately 17 pounds of methamphetamine, 2 pounds of cocaine, 2 ounces of heroin, 122 grams of fentanyl, $37,000 in drug proceeds and 24 firearms. Throughout the conspiracy, many of the conspirators possessed firearms in relation to their drug trafficking activities, in order to protect themselves, their drugs, and their drug proceeds. Investigators were also able to arrest two hitmen that were hired by the organization to travel from Atlanta, Georgia to Kokomo to murder a Kokomo resident.
This case was the result of an investigation by the Drug Enforcement Administration, Internal Revenue Service Criminal Investigation, and the Kokomo Police Department. Assistant United States Attorney Michelle Brady successfully prosecuted this case for the government.
The last defendant to be sentenced, Pierre Riley, 52, Macon, Georgia was sentenced on November 6th, 2020 to 490 months in federal prison and must serve five years supervised release after serving his prison sentence.
The other defendants and their sentences:
- Reggie M. Balentine,43, Kokomo, IN, 504 months federal prison
- Michael O’Bannon, 36, Kokomo, IN, 450 months federal prison
- Michael Jones, 38, 420 months federal prison
- Jason Reed, 46, Kokomo, IN, 420 months federal prison
- Shuan Myers, 38, Kokomo, IN 300 months federal prison
- Perry O. Jones, 45, Kokomo, IN, 260 months federal prison
- Derrick Owens, 39, Terre Haute, IN, 235 months federal prison
- Deshoun Everhart, 42, Warsaw, IN, 168 months federal prison
- Thomas Jones, 25 Kokomo, IN, 135 months federal prison
- Antwon Abbott, 41, Kokomo, IN, 121 months federal prison
- Kristin Kinney, 41, Kokomo, IN, 60 months federal prison
- Melissa Baird, 41, Kokomo, IN, 60 months federal prison
- Patricia Acord, 61, Kokomo, IN, 46 months federal prison
- Bradley Clark, 37, Kokomo, IN, 37 months federal prison
- Diondre Jones, 47, Indianapolis, IN, 177 months federal prison
This investigation was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution sentencing demonstrates the office’s firm commitment to target, investigate, and prosecute organizations that distribute methamphetamine and or heroin. (See United States Attorney’s Office, Southern District of Indiana Strategic Plan Sections 3.1 and 3.3)
Two Ohio Residents Sentenced for Their Roles in Gun Trafficking Conspiracy That Brought More Than 100 Illegal Guns to the Streets of BuffaloRead 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 Deonte Cooper 25, of Ashtabula, Ohio, who was convicted of conspiring to traffic firearms from Ohio to Buffalo following a three week jury trial, was sentenced to serve 60 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Charles J. Volkert and Joshua A. Violanti, who handled the prosecution of the case, stated that during the course of the conspiracy, Cooper, who also sold heroin, recruited heroin customers to make straw purchases of more than 100 firearms. The purchases were made at gun shows and gun stores in Ohio. The firearms were then transported to Buffalo, where they were sold to local drug dealers, including co-defendant Titus Thompson, who was also convicted at trial with Cooper.
Defendant Thompson is awaiting sentencing. Six other defendants were also charged and previously convicted in this case, including Koree Runyan. Runyan, 26, of Ashtabula, Ohio, was also sentenced today by Judge Wolford for her role in the conspiracy to time served and two years supervised release. Runyan purchased firearms in Ohio in her own name, which were then transported into the Buffalo area.
The sentencings are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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Two More Rollin'40s Crips Gang Members Sentenced to Lengthy Prison TermsRead the Press Release
NASHVILLE, Tenn. – November 19, 2020 – Two additional members of the Rollin’ 40s Crips Gang were sentenced to federal prison this week for drug distribution and firearms charges, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Ricky Brown, 44, of Nashville, was sentenced yesterday to 12 years in federal prison for being a convicted felon in possession of a firearm and possessing cocaine with intent to distribute with 1,000 feet of a college. Brown was indicted in August 2018, after providing firearms to a confidential informant on two occasions in May and June 2018, while on parole. During a subsequent parole search of Brown’s residence, where children resided and near MeHarry Medical College, law enforcement officers found more than 370 grams of cocaine, digital scales and cash and marijuana. In May 2020, Brown pleaded guilty to possessing cocaine with intent to distribute.
Deandre Bridges, 32, also of Nashville, was sentenced on Monday to nine years in prison for possession and distribution of cocaine. Bridges was indicted in August 2018, after being arrested by officers with the Metropolitan Nashville Police Department (MNPD) in February 2018 after he was found to be a passenger in a car stopped for a traffic violation. Bridges attempted to flee but was apprehended by MNPD officers. Officers found distribution amounts of heroin, cocaine and marijuana in the car where Bridges was seated and also found hydroxycodone and oxycodone pills, cash and digital scales. Bridges had earlier sold 24 grams of crack cocaine to a confidential informant in November 2017. He pleaded guilty in June 2020.
These follow Friday’s sentencing of Lorenzo Shelton, 38, who was sentenced to 30 years in prison. Shelton was convicted in September 2019, after a four-day jury trial, of possession with intent to distribute 100 grams or more of heroin; possession of a firearm by a convicted felon; and possession of a firearm in furtherance of a drug trafficking crime. Shelton committed these crimes while on parole for previous drug trafficking convictions.
Since 2019, the U.S. Attorney’s office and federal, state and local law enforcement has charged 17 members of the Rollin’ 40s Crips Gang, 15 of which either have been sentenced or are awaiting sentencing.
These investigations were conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Metropolitan Nashville Police Department and the Tennessee Department of Correction. Assistant U.S. Attorney Ahmed Safeeullah prosecuted the cases against Brown and Bridges. Additional prosecutions of Rollin’40s Gang members have been handled by Assistant U.S. Attorneys Brooke K. Schiferle, Sunny A.M. Koshy, Miller Bushong, Robert McGuire, Josh Kurtzman, Robert Levine and Ben Schrader.
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Two Detroit-Area Men Sentenced for Crack Cocaine TraffickingRead the Press Release
GREENEVILLE, Tenn. – Quincy George, 36, of Detroit, Michigan, was sentenced on November 16, 2020, in the United States District Court for the Eastern District of Tennessee at Greeneville to 18 years in federal prison by the Honorable J. Ronnie Greer. This sentence follows George’s conviction on July 29, 2020, for his participation in a conspiracy to distribute more than 280 grams of cocaine base or crack. Once released from prison, George will be on supervised release for a 5-year period.
A co-defendant, Larry Walker, 22, of Harrison Charter Township, Michigan, entered a plea on June 10, 2020, to conspiracy to distribute more than 280 grams of cocaine base or crack. On November 12, 2020, Walker was sentenced to 87 months in prison. Walker will also be on supervised release for 5 years following his release.
The investigation began in April 2019, when the Kingsport Police Department (KPD) and an agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) identified George and Walker as sources of crack cocaine in Sullivan County, Tennessee. Law enforcement made several controlled purchases of narcotics from George and Walker. In August 2020, during a traffic stop by the Tennessee Highway Patrol, in which George was the driver of the car, KPD, ATF, the Vice and Narcotics Unit of the Sullivan County Sheriff's Office, and the DEA recovered nearly 90 grams of fentanyl-laced heroin, approximately 372 grams of powder cocaine, 374 oxycodone pills, and a small amount of marijuana, in a vacuum sealed container, hidden in a compartment of the dashboard.
“We have seen a large increase in the flow of dangerous narcotics out of Detroit into all parts of the Eastern District of Tennessee. The United States Attorney’s Office will continue its efforts to shut down this pipeline by vigorously prosecuting narcotics traffickers such as George and Walker,” said U.S. Attorney J. Douglas Overbey. “The message is simple, wherever you’re from, you won’t be returning home until you’ve served a long stint in a federal prison.”
ATF Acting Special Agent in Charge, Toby Taylor stated, “The partnerships with the public safety departments and the U.S. Attorney’s office were crucial in reducing the potential for violent crime in this case.”
“The Kingsport Police Department appreciates the collaborative team effort that went into this investigation that resulted in these charges. Our department will continue to take drugs off our streets, especially individuals involved in large-scale drug distributions,” said Chief David Quillin, Kingsport Police Department.
The case was investigated by the Kingsport Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), Sullivan County Sheriff’s Office, and the Tennessee Highway Patrol.
Assistant U.S. Attorney Todd Martin represented the United States in court.
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Two Aliens Indicted on Illegal Reentry Charges, Visa Fraud and False Representation of a Social Security Account NumberRead the Press Release
RALEIGH, N.C. – A federal grand jury returned indictments yesterday charging Reymundo Camero-Castaneda, age 32, of Mexico and Elmer Antonio Murillo-Villatoro, age 42, of El Salvador, with illegal reentry charges, visa fraud and false representation of a social security account number.
If convicted of illegal reentry, Camero-Castaneda, previously deported three times and found in Wake County, would face a maximum imprisonment term of not more than two years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
Murillo-Villatoro, previously deported five times and found in Wake County, is alleged to have been previously removed subsequent to a felony conviction (assault inflicting serious bodily injury), visa fraud and false representation of a social security number. Therefore, if convicted, he would face a maximum imprisonment term of not more than 50 years, a $750,000 fine, and a term of supervised release following any term of imprisonment.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement. ICE’s Enforcement and Removal Operations and Homeland Security Investigations are investigating the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
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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.
Twenty-Five Defendants Charged in Joint Federal and State Investigation of Drug and Firearms Trafficking OrganizationRead the Press Release
DES MOINES, Iowa -- Twenty-five defendants are facing federal criminal charges as part of a joint federal and state investigation of a methamphetamine, cocaine, crack cocaine, and marijuana drug trafficking organization. Most of these defendants were arrested on November 18, 2020, during the execution of 45 federal search warrants in and around Des Moines. Those warrants resulted in the seizure of 37 firearms, three pounds of cocaine, one ounce of methamphetamine, 18 pounds of marijuana, 1.5 ounces of heroin and approximately $50,000 in cash.
The defendants are charged across three criminal indictments and eight criminal complaints with federal drug or firearms offenses:
- Jerome Valentino Wilson, 32, of Des Moines
- Derek Shantell Thompson, 41, of Des Moines
- Kenee L. Triplett, 39, of Des Moines
- Cory Andrew Turner, 33, of Des Moines
- Coty Arnez Turner, 31, of Des Moines
- Daryl Stephen Jones, Jr., 45, of Des Moines
- Jerome Jamar Hall, 35, of Des Moines
- Ornandes Raeshon Bennett, 41, of Des Moines
- Antoine Moishawn Williams, 49, of Des Moines
- Dewayne Allen Haynes, 40, of Des Moines
- Marcus Antonio-Shay Hall, 25, of Des Moines
- Kenny Eugene Smart, Jr., 47, of Des Moines
- Michael Lindell Teasley, 32, of Des Moines
- Jerron Tandre Johnson, 30, of Des Moines
- Nolan Hamilton-Allen, 32, of Des Moines
- Richard Lee David Brown, 45, of Des Moines
- Anthony Levon Robinson, Jr., 35, of Des Moines
- Leon Dale Edwards, 36, of Des Moines,
- Leroy Williams II, 50, of Des Moines
- Terry Eugene Hambrick, 40, of Des Moines
- Damir Halkic, 32, of Urbandale
- Keiffer Michael Simmons, 28, of Des Moines
- William Lloydellton Speed, Jr., 27, of Des Moines
- Amanda Raye Reed, 40, of Des Moines
- Tyler James Althaus, 34, of Des Moines
Many of the charged defendants, including Jerome Valentino Wilson, Derek Shantell Thompson, Cory Andrew Turner, Coty Arnez Turner, Daryl Stephen Jones, Jr., Jerome Jamar Hall, Ornandes Raeshon Bennett, Michael Lindell Teasley, Kenny Smart, Jr., among others, have prior felony drug convictions. Kenny Smart, Jr., Michael Lindell Teasley, and Jerron Tandre Johnson, each presently charged with possessing a firearm as a felon, have prior convictions for possessing a firearm as a felon. On November 18, 2020, Jerron Tandre Johnson was arrested on charges of attempted murder, filed in the Iowa District Court for Polk County.
United States Attorney Krickbaum stated, “These arrests had a specific target: those accused of carrying guns, slinging drugs, and endangering our community. We look forward to proving these charges in federal court. And we are grateful to our law enforcement partners, who took almost 40 guns and many pounds of drugs off the streets of Des Moines.”
“ATF has no higher priority than investigating violent crime and ensuring that those who use firearms in furtherance of their criminal activities are held accountable. This investigation demonstrates ATF’s commitment and the commitment of our law enforcement partners to ensure that the Des Moines communities remain a safe place to live, work and raise families. Utilizing firearms to injure or intimidate others cannot be tolerated and there is no question that Des Moines is safer today because of the hard work, dedication, and collaboration of all of the agencies that played a part in this investigation,” said James Ferguson, Acting Special Agent in Charge of ATF’s Kansas City Field Division.
Des Moines Police Chief Dana Wingert added, “The size and magnitude of this operation speaks for itself, but the most important aspect is the impact it will have on violent crime and the distribution of illegal drugs in our community. This will absolutely move the needle in terms of restoring the safe environment that our citizens deserve and affirms the commitment to use all available resources to preserve this expectation. This was truly a team effort, and we can’t thank our Local, County, State and Federal partners enough for their unwavering dedication and commitment to ensuring that our most dangerous criminals are held accountable for selfishly and intentionally compromising the safety and security of the wonderful people that call this region ‘home.’ Our commitment to serve extends beyond jurisdictional lines, and our collective efforts will be on- going.”
All defendants arrested on November 18 have or will soon appear in federal or state court on the charges. The charges carry maximum penalties of five years to life imprisonment. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
The charges were announced by Marc Krickbaum, United States Attorney for the Southern District of Iowa; James Ferguson, Acting Special Agent-in-Charge of the Kansas City Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and Dana Wingert, Chief of Police of the Des Moines Police Department. Assistant United States Attorneys Mikaela Shotwell and MacKenzie Benson Tubbs represent the government.
The public is reminded that charges contain only accusations and are not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Investigating and assisting agencies include: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Des Moines Police Department (DMPD); Iowa Division of Narcotics Enforcement (DNE); Iowa State Patrol (ISP); Mid-Iowa Narcotics Enforcement Task Force (MINE); Tri-County Task Force; Central Iowa Drug Task Force (CIDTF); Mid-Iowa Drug Task Force (MIDTF); Iowa Department of Criminal Investigation (DCI); Federal Bureau of Investigation (FBI); Internal Revenue Service – Criminal Investigations (IRS-CI); Homeland Security Investigations (HSI); Altoona Police Department; West Des Moines Police Department; Urbandale Police Department; Marshalltown Police Department; Polk County Sheriff’s Office; Dallas County Sheriff’s Office; and Iowa State Fire Marshal. This is an Organized Crime Drug Enforcement Task Forces investigation.
Tuckahoe Tutor Charged with Sexual Exploitation of A 7-Year-Old Minor and Transporting Child PornographyRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today the arrest of JOHN MUESER. MUESER, 69, is charged with sexual exploitation of a 7-year-old minor and with transporting child pornography from Fairfield County, Connecticut to Westchester County, New York. MUESER was arrested this morning and is expected to be presented today before U.S. Magistrate Judge Judith C. McCarthy in White Plains federal court.
Acting U.S. Attorney Audrey Strauss said: “John Meuser allegedly used his position of trust as a tutor to engage in unspeakable acts with a 7-year-old child. Alleged conduct such as Meuser’s can inflict long-lasting negative effects on victims which no child should ever endure. Meuser now faces federal charges and substantial prison time for his craven conduct, as alleged. I thank the FBI for their assistance in this case and urge anyone with knowledge of child sexual abuse to call 1-800-CALL-FBI.”
FBI Assistant Director William F. Sweeney Jr. said: “Announcements of charges like those we bring today should make anyone’s stomach turn. Mueser allegedly induced his seven-year-old tutoring student to engage in sexually-explicit conduct and recorded it on his phone. Mueser's conduct should shock the community into action to help others. The FBI will never waver in its commitment to protect our society's most vulnerable citizens, but we are all better working together as we try to protect our children. We believe there may be more victims in this case, and we need your help. We implore parents or family members of potential victims to contact us at 1-800-CALL-FBI.”
According to the Complaint[1] filed on November 17, 2020, and unsealed today in White Plains federal court:
On May 1, 2019, JOHN MUESER induced a 7-year-old minor, whom he was tutoring, to engage in sexually explicit conduct, used his iPhone to record the activity and then transported the images from Fairfield County, Connecticut to Westchester County, New York.
On October 1, 2019, JOHN MUESER transported child pornography maintained on his iPhone from Westchester County, New York to Fairfield County, Connecticut.
On or about March 19, 2020, JOHN MUESER was charged in Connecticut with Possession of Child Pornography, Risk of Injury to a Minor, Sexual Assault 4th, and Voyerism.
There may be more victims of this alleged conduct. If you have information to report, contact the Federal Bureau of Investigation at 1-800-CALL-FBI.
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MUESER, 69, of Tuckahoe, New York, is charged with one count of sexual exploitation, which carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of 30 years in prison, and one count of transportation of child pornography, which carries a mandatory minimum sentence of 5 years in prison and a maximum sentence of 20 years in prison. The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Ms. Strauss praised the efforts of the Federal Bureau of Investigation in connection with this investigation. She added that the investigation is ongoing.
The prosecution is being handled by the Office’s White Plains Division. Assistant United States Attorney Marcia S. Cohen is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Tohono O'odham Man Sentenced to 52 Months for Domestic Violence AssaultRead the Press Release
TUCSON, Ariz. – On Monday, Rogelio Salazar Gastelum, Jr., 54, of Sells, Arizona, was sentenced by Senior U.S. District Judge Cindy K. Jorgenson to 52 months in prison, followed by three years of supervised release. Gastelum previously pleaded guilty to Assault with a Dangerous Weapon.
On June 23, 2017, at a location on the Tohono O’odham Nation, Gastelum stabbed another person with whom he was in a domestic relationship. The victim was airlifted to a nearby hospital for treatment. Gastelum is an enrolled member of the Tohono O’odham Nation.
The Federal Bureau of Investigation and the Tohono O’odham Police Department conducted the investigation in this case. Assistant U.S. Attorney Micah Schmit, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-18-0395-TUC-CKJ
RELEASE NUMBER: 2020-105_Gastelum# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Three Mid-State Men Indicted on Drug Distribution ChargesRead the Press Release
NASHVILLE, Tenn. – November 19, 2020 – Three Nashville men indicted in February as part of a deadly heroin and fentanyl distribution network have now been taken into federal custody as the remaining two made initial appearances before a U.S. Magistrate Judge earlier today, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Marquel Peoples, aka Worm, 25, and Christopher Johnson, 27, both of Nashville, were charged in a 15-count indictment with conspiracy to distribute and possess with intent to distribute heroin, fentanyl, and carfentanil; and various counts of possession with intent to distribute and distribution of heroin and fentanyl. Peoples and Johnson are each charged with being responsible for the distribution of more than 400 grams of fentanyl, and both are also charged with possessing firearms in furtherance of drug crimes. The indictment also alleges that the fentanyl distributed by Peoples resulted in serious bodily injury to others and resulted in the death of one individual.
Blaine Ellis, 31, of Lavergne, Tennessee was also charged with possession with intent to distribute heroin and fentanyl. Peoples and Ellis appeared in front of United States Magistrate Judge Barbara D. Holmes earlier today. Johnson appeared before a U.S. Magistrate Judge earlier this year and was released with conditions, pending trial.
“The forgotten pandemic is that an alarming number of people continue to overdose and die from these deadly drugs,” said U.S. Attorney Cochran. “The U.S. Attorney’s Office will continue alongside our law enforcement partners to identify and prosecute those who contribute to this deadly addiction crisis.”
“This case should serve as a warning to anyone who seeks to destroy our communities by peddling poison and preying on those who are struggling with the disease of addiction,” said Special Agent in Charge Todd Scott, head of DEA’s Louisville Division, which includes Tennessee, Kentucky, and West Virginia. “Together with our law enforcement partners, DEA will continue to hunt you down and work tirelessly to bring you to justice.”
According to documents filed with the Court, in the summer of 2019, law enforcement became aware of reports of blue-tinted drugs, which were causing overdoses in the middle Tennessee area. Through a series of investigative efforts, law enforcement acquired blue-tinted drugs from Peoples, Johnson, and Ellis and subsequent testing determined that those drugs contained heroin and fentanyl. During one operation, Peoples claimed responsibility for the blue drugs, saying “if you got the blue stuff … [you] got it from us.” The investigation linked a fatal overdose in March 2019 to the signature blue heroin.
If convicted, Peoples faces a minimum of 25 years and up to life in prison; Johnson faces a minimum of 15 years and up to life in prison; and Ellis faces a maximum sentence of 20 years in prison.
This investigation was conducted by the Drug Enforcement Administration’s Nashville District Office Tactical Diversion Squad; the Tennessee Bureau of Investigation Opioid/Overdose Task Force; the Metropolitan Nashville Police Department SID Gang Unit; the Lavergne Police Department; the Murfreesboro Police Department; and the Rutherford County Sherriff’s Department. Assistant U.S. Attorney Amanda J. Klopf is prosecuting the case.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty in a court of law.
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Three City of Philadelphia Revenue Department Employees Charged with Soliciting and Accepting BribesRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that three City of Philadelphia employees who worked in the Revenue Department were charged with soliciting and accepting bribes in connection with their employment. All three were charged with one count of federal program bribery.
Jarredd McQueen, 50, of Philadelphia, PA, was charged by Information. He was employed as a Customer Collection Representative for the City of Philadelphia’s Revenue Department when he allegedly accepted $9,000 of bribes in connection with his work. McQueen’s alleged criminal conduct began in May of 2018 and ended in November of 2018. He resigned from his employment on July 17, 2020.
Demarys Natal, 56, of Philadelphia, PA, was also charged by Information. She was employed as a Customer Collection Representative for the City of Philadelphia’s Revenue Department when she allegedly accepted $26,600 of bribes in connection with her work. Natal’s alleged criminal conduct began in February of 2018 and ended in September of 2019. She resigned from her employment on November 5, 2019.
Nicole Mixon, 44, of Philadelphia, PA, was charged by Indictment. She was also employed as a Customer Collection Representative for the City of Philadelphia’s Revenue Department when she allegedly accepted $22,300 of bribes in connection with her work. Mixon’s alleged criminal conduct began in November of 2019 and ended in March of 2020. She resigned from her employment yesterday.
As Revenue Department employees, McQueen and Mixon accessed the Taxpayer Information Payment System (“TIPS”), a computer system the City of Philadelphia uses to track the status of various financial obligations. The financial obligations include real estate taxes, refuse (i.e., trash) fees, and small business fees, that are owed to the City by property owners. McQueen and Mixon used TIPS to adjust the outstanding balances on various types of taxes and/or fees for a particular property after meeting with taxpayers about money they owed to the City.
McQueen and Mixon allegedly used their official positions collecting monies owed to the City as an opportunity to enrich themselves, while depriving the City of money owed to it by certain taxpayers. For example, the Information against McQueen alleges that he erased a $5,644.88 trash fee in exchange for a $1,500 cash bribe paid by an individual cooperating with the FBI. The Indictment against Mixon alleges that she erased a $1,210 trash fee in exchange for a $800 cash bribe paid by an individual cooperating with the FBI.
As an employee of the Revenue Department working in the Major Tax Unit, Natal collected delinquent business tax payments on Philadelphia properties. The collection efforts required Natal to meet and correspond with taxpayers about their outstanding debts. Natal allegedly used her official position collecting monies owed to the City as an opportunity to enrich herself, while depriving the City of money owed to it by certain taxpayers.
For example, the Information alleges that Natal told a taxpayer to bring two $500 postal money orders to the Municipal Services Building to satisfy the judgment for unpaid business taxes. Natal instructed the taxpayer to leave the payee section of the money orders blank. She later sent a text message instructing the taxpayer to “to leave them blank there [sic] doing us a personal favor so u can get ur $$$ instead of city.” An individual cooperating with the FBI presented Natal with two $500 money orders with the payee section blank, and in return, Natal allegedly erased $10,000 in fees associated with business taxes on a Philadelphia property. Natal deposited the $500 money orders into her bank account with the memo section reading “Repair/Remodeling” and “Flooring.”
“Bribes and corruption must have no place in Philadelphia’s municipal government,” said U.S. Attorney McSwain. “Corruption is an insidious disease that destroys the public’s confidence in its government, which is why we at the U.S. Attorney’s Office are so determined to root it out. Here, these three Revenue Department employees will now face the consequences of their alleged brazen and illegal acts.”
“When municipal employees decide to take bribes, they’re openly putting their own interests above those of the city they serve,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “The defendants’ alleged actions benefitted themselves and those who paid them off, at the expense of Philadelphia’s revenues and its residents. The FBI will continue to aggressively investigate allegations of public corruption, and work with our partners to ensure that those who violate their obligation to the public are held fully accountable.”
“I want to thank our federal partners for working with us from start to finish on this investigation. Public service demands integrity and honesty and together we send a strong message that there is no place for City employees who are unable to meet this standard,” said City of Philadelphia Inspector General Alexander DeSantis.
If convicted, McQueen, Natal, and Mixon each face a maximum possible sentence of 10 years in prison.
All three cases were investigated by the Federal Bureau of Investigation and the Philadelphia Office of the Inspector General, and are being prosecuted by Assistant United States Attorney Jason P. Bologna.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
The Department of Justice Files Brief Defending the Constitutionality of Idaho's Fairness in Women's Sports ActRead the Press Release
The Justice Department today filed a friend-of-the-court brief in the Ninth Circuit federal appeals court defending Idaho’s Fairness in Women’s Sports Act against a challenge under the U.S. Constitution’s Equal Protection Clause.
“The Fourteenth Amendment to the U.S. Constitution provides that no State shall ‘deny to any person within its jurisdiction the equal protection of the laws.’ Idaho’s Fairness in Women’s Sports Act complies fully with the U.S. Constitution because it protects all persons equally,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The Constitution does not require States to abandon their efforts to provide biological girls and women with equal opportunity to participate in and enjoy the life-long benefits that flow from interscholastic athletics. The Fairness in Women’s Sports Act protects equal athletic opportunities for girls and women and permits all persons fairly to participate in sports.”
On Aug. 17, 2020, an Idaho federal district court preliminarily enjoined the Fairness Act, finding that Act discriminated against some transgender athletes. The injunction requires Idaho to allow biological males, who gender identify as female, to play in sports designated only for biological females.
On appeal, the United States’ friend-of-the-court brief explains that the Fairness Act serves the important purpose of preserving equal athletic opportunities for women. The Constitution allows states like Idaho to separate sports by biological sex because females and males have innate physiological differences that directly affect athletics. Ignoring these biological differences in sports would result in females unfairly being displaced by males. The Equal Protection Clause allows Idaho to limit its female athletic teams to biological females to keep a level playing field and preserve women’s equal opportunity to participate in sports. Idaho does not need to abandon this important equality goal and provide the special treatment the district court ordered for some biological males who are allowed to compete against biological females if and only if the biological males are transgender. The Constitution does not require the resulting harm to female equality in athletics.
On March 30, 2020, Idaho enacted the Fairness in Women’s Sports Act Fairness Act, which went into effect in July 2020. Idaho’s Fairness Act contains two main provisions. First, covered athletic teams “shall be expressly designated as one (1) of the following based on biological sex: (a) Males, men, or boys; (b) Females, women, or girls; or (c) Coed or mixed.” Second, “[a]thletic teams or sports designated for females, women, or girls shall not be open to students of the male sex.” The Fairness Act does not contain a comparable limitation for biological females who wish to participate on a team designated for biological males.
In enacting the Fairness Act, Idaho determined that “[h]aving separate sex specific teams furthers efforts to promote sex equality. Sex-specific teams accomplish this by providing opportunities for female athletes to demonstrate their skill, strength, and athletic abilities while also providing them with opportunities to obtain recognition and accolades, college scholarships, and the numerous other long-term benefits that flow from success in athletic endeavors.” In support of this conclusion, the Fairness Act cites authority establishing that inherent physiological differences between men and women generally include a difference in “strength, speed, and endurance” that results in “different athletic capabilities,” which generally give men a significant advantage in head-to-head competition. Id.
Two Columbians Sentenced for Smuggling 1,535 Kilograms of Cocaine Onboard a Semi-Submersible VesselRead the Press Release
St. Thomas, USVI – Columbian natives Freddy Montano Paz, 30, and Mariano Abregon, 33, were both sentenced before District Judge Robert A. Molloy to 60 months of incarceration on their convictions on conspiracy to possess with intent to distribute 1,535 kilograms, United States Attorney Gretchen Shappert announced today. Judge Molloy also sentenced Montano Paz and Abregon to five years of supervised release, removal from the United States after serving their sentences, and $100 each for special assessments.
According to court records, on May 10, 2019, the U.S. Coast Guard Cutter HAMILTON sighted a self-propelled, semi-submersible vessel in international waters approximately 250 nautical miles Northwest of Esmeraldas, Ecuador. The semi-submercible was navigating on a westerly course in a known drug smuggling area, and displayed no indicia of nationality nor markings, or navigation lights. More than eighty (80%) percent of the vessel was under the waterline. As they approached the semi-submersible, U.S. Coast Guard crew members observed its occupants throwing objects overboard. Four individuals onboard the semi-submersible were later identified as Freddy Montano Paz, Mariano Abregon, Calixto Tumbaco, and Hector Hernandez Saucedo. After recovering the jettisoned packages, U.S. Coast Guard crew members conducted an inspection of the vessel and recovered 40 bales which contained 1,535 kilograms of cocaine. Both Montano Paz and Abregon pleaded guilty to the conspiracy.
This case was investigated by the U.S. Coast Guard and DEA, and prosecuted by Assistant United States Attorneys Delia L. Smith.
Staples Man Pleads Guilty to Minneapolis Police Third Precinct ArsonRead the Press Release
United States Attorney Erica H. MacDonald today announced the guilty plea of BRYCE MICHAEL WILLIAMS, 26, to one count of conspiracy to commit arson at the Minneapolis Police Department’s Third Precinct. WILLIAMS, who was initially charged via criminal complaint on June 16, 2020, and indicted on August 25, 2020, entered his guilty plea today before Judge Patrick J. Schiltz in U.S. District Court in Minneapolis, Minnesota.
According to the defendant’s guilty plea and documents filed with the court, on the night of May 28, 2020, WILLIAMS went to the Third Precinct where a crowd of hundreds had gathered. At one point, the crowd began shouting, “Burn it down, burn it down.” Soon after, a fence that was designed to keep trespassers out of the Third Precinct building was torn down. WILLIAMS, along with other co-conspirators, breached the fence and entered the Third Precinct building.
Surveillance video footage from the Third Precinct showed WILLIAMS, wearing a mask, a baseball cap, and a hooded sweatshirt, standing near the entrance of the Third Precinct holding a Molotov cocktail while other co-conspirators lit the wick. The Molotov cocktail was taken into the Third Precinct by a co-conspirator and was used to start a fire. WILLIAMS later threw a box on an existing fire located just outside the Third Precinct entrance.
This case is the result of an investigation conducted jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the FBI, the Minneapolis Police Department, the Staples Police Department, the Todd County Sheriff’s Office, the Minnesota State Patrol, the Central Minnesota Violent Offender Task Force, and the Minnesota State Fire Marshal Division.
This case is being prosecuted by Assistant U.S. Attorneys Harry M. Jacobs and David P. Steinkamp.
Defendant Information:
BRYCE MICHAEL WILLIAMS, 26
Staples, Minn.
Convicted:
- Conspiracy to commit arson, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Stanly County Opioid Distributor Sentenced to 25 Years in PrisonRead the Press Release
WINSTON-SALEM, N.C. – An Albemarle man was sentenced to federal prison Tuesday for charges involving heroin and fentanyl distribution, announced Matthew G.T. Martin, United States Attorney for the Middle District of North Carolina.
ZANNIE JAY LOTHARP, 35, was found guilty by a jury on March 11, 2020, of one count of conspiracy to distribute heroin and fentanyl, and one count of possession with intent to distribute heroin. On November 19, 2020, LOTHARP was sentenced by United States District Judge Thomas D. Schroeder to a total of 300 months of imprisonment, followed by 3 years of supervised release.
Evidence introduced at trial showed that LOTHARP and another person used two Stanly County residences on the same street for opioid distribution activity. The narcotics were kept at one house and sold from another house on Washington Lane in Albemarle. After a state search warrant was executed on October 19, 2018, for both Washington Lane locations, LOTHARP was arrested by state authorities but released on bond. Following his release, LOTHARP again sold heroin on January 15, 2019.
“This sentence sends a clear message: dealing opioids does not pay. We are working hard to address the opioid epidemic,” said U.S. Attorney Matt Martin. “Stanly County is now a safer place, thanks to the fine work of the law enforcement and prosecutors involved in this case.”
A co-defendant, Shonteya Christina Harris, age 34, from Albemarle, North Carolina, pleaded guilty to conspiracy to distribute heroin and fentanyl and was sentenced on October 19, 2020, to 40 months imprisonment and a three year term of supervised release.
This case was investigated by the Albemarle Police Department, Stanly County Sheriff's Office, Oakboro Police Department, the North Carolina State Bureau of Investigation, and the Department of Homeland Security. The case was prosecuted by Assistant United States Attorneys Nicole R. DuPré and Tanner Kroeger for the Middle District of North Carolina.
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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