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15 January 2021
Captain and 10 Members and Associates of Gambino Crime Family Plead Guilty to Crimes Including Racketeering Conspiracy, Wire Fraud, Money Laundering and Obstruction of JusticeRead the Press Release
Earlier today, and throughout the past week in federal court in Brooklyn, 11 members and associates of the Gambino organized crime family of La Cosa Nostra pleaded guilty to multiple crimes, including racketeering conspiracy, fraud, obstruction of justice and related offenses for criminal activities throughout the New York metropolitan area committed as part of the illicit activities of the Gambino family. One additional defendant pleaded guilty to filing a false tax return. The proceedings were held before United States Magistrate Judge Roanne L. Mann.
Today, Andrew Campos, a captain in the Gambino organized crime family, and Vincent Fiore, a Gambino family soldier, pleaded guilty to racketeering conspiracy, variously admitting their participation in predicate acts of wire fraud, money laundering and obstruction of justice offenses.
Previously, Richard Martino, a Gambino family soldier, and Frank Tarul, a Gambino crime family associate, pleaded guilty to conspiracy to obstruction justice; Mark Kocaj, Benito DiZenzo and Carlos Cobos, Sr., Gambino family associates, pleaded guilty to wire fraud conspiracy; James Ciaccia and George Campos, Gambino family soldiers, and Renato Barca, Jr. and Michael Tarul, Gambino family associates, pleaded guilty to making false statements in connection with their fraudulently obtaining safety cards from the Occupational Safety and Health Administration (“OSHA”). John Simonlacaj, a former managing director of a construction company, pleaded guilty to submitting a false tax return.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, announced the guilty pleas.
“With these guilty pleas, a dozen members and associates of the Gambino crime family are held accountable for committing a litany of crimes in the construction industry that enriched the Mafia at the expense of the American taxpayer, construction companies harmed by their pernicious presence and the U.S. government,” stated Acting United States Attorney DuCharme. “The defendants will now have to pay the consequences for their corrupt activities.” Mr. DuCharme expressed his grateful appreciation to the Federal Bureau of Investigation, New York Field Office, the Internal Revenue Service- Criminal Investigation, the New York City Police Department and the Department of Labor for their exemplary work on the case. Mr. DuCharme also thanked the Queens County District Attorney’s Office, the United States Probation Departments for the Eastern and Southern Districts of New York and the Waterfront Commission of New York Harbor for their assistance during the investigation.
According to court filings and facts presented during the guilty plea proceedings, Andrew Campos and members of his crew carried out fraudulent schemes to infiltrate the construction industry and earn millions of dollars in criminal proceeds, in part through their operation of a carpentry company, CWC Contracting Corp. (“CWC”). Campos, Fiore and Cobos, among others, defrauded the U.S. government by paying CWC employees millions of dollars in cash without making the required payroll tax withholdings and payments. Further, Campos, Fiore and others laundered money, causing checks to be made from CWC, purportedly for work performed in connection with CWC construction projects where, in fact, no services were performed. The proceeds of these scheme were used to, among other things, construct Andrew Campos’s residence. Further, when Fiore became aware of the government’s investigation, he tried to obstruct it by asking another person to lie about his and Campos’s misconduct.
Between June 2018 and June 2019, CWC paid hundreds of thousands of dollars in bribes and kickbacks to employees of a real estate development company (described in the indictment as “Construction Company #1”), including John Simonlacaj, the company’s former Managing Director of Development. CWC paid the bribes in the form of hundreds of thousands of dollars’ worth of free labor and materials used for renovations on Simonlacaj’s residence, which Simonlacaj failed to report as taxable income and which Kocaj had fraudulently paid for by billing them to a CWC project for Construction Company #1. Kocaj was recorded stating the work “should have been pro bono” because Construction Company #1 “do[es] 50 million a year in business.” DiZenzo and Fiore performed tens of thousands of dollars of work at a gym for the benefit of an employee of another real estate development company (described in the indictment as “Construction Company #2”), which they agreed would be fraudulently paid for by billing the work to an unrelated project for Construction Company #2.
In addition to these schemes, Martino was convicted in the Eastern District of New York in 2005 for his role in a scheme to defraud users of adult entertainment services. Martino was ordered by the Court to pay $9.1 million in forfeiture. After his release from prison, Martino, together with Frank Tarul and others, concealed Martino’s substantial income in order to avoid him paying the more than $300,000 forfeiture balance owed by falsely reporting that Martino had limited assets and worked for Tarul’s flooring company. In reality, Martino operated companies that earned millions of dollars.
Finally, Barca, George Campos, Ciaccia and Michael Tarul, along with others, fraudulently procured safety cards from the United States Department of Labor indicating the completion of certain OSHA training courses when, in fact, the courses were not completed.
When sentenced, Andrew Campos, Cobos, DiZenzo, Fiore, Kocaj, Martino and Frank Tarul each face up to 20 years in prison. Barca, George Campos, Ciaccia and Michael Tarul each face up to 5 years in prison. Simonlacaj faces up to 3 years in prison
The government’s case is being handled by the Office’s Organized Crime & Gangs Section. Assistant United States Attorneys Keith D. Edelman and Kayla C. Bensing are in charge of the prosecution, assisted by EDNY Special Agent Erik Nesbitt. Assistant United States Attorney Claire S. Kedeshian of the Office’s Civil Division is handling forfeiture matters.
The Defendants:
RENATO BARCA, JR. (also known as “Ronny”)
Age: 33
Bronx, New YorkANDREW CAMPOS
Age: 51
Scarsdale, New YorkGEORGE CAMPOS
Age: 73
Peekskill, New YorkJAMES CIACCIA
Age: 52
Bronx, New YorkCARLOS COBOS, SR.
Age: 57
Brentwood, New YorkBENITO DIZENZO (also known as “Benny”)
Age: 54
New Rochelle, New YorkVINCENT FIORE
Age: 58
Briarcliff, New YorkMARK KOCAJ (also known as “Chippy”)
Age: 50
Tuckahoe, New YorkRICHARD MARTINO
Age: 61
Rye, New YorkJOHN SIMONLACAJ (also known as “John Si” and “Smiley”)
Age: 51
Scarsdale, New YorkFRANK TARUL (also known as “Bones”)
Age: 46
Bronx, New YorkMICHAEL TARUL (also known as “Perkins”)
Age: 44
Bronx, New YorkE.D.N.Y. Docket No. 19-CR-575 (FB)
Cambridge Man Sentenced for Gun and Cocaine Trafficking ChargesRead the Press Release
BOSTON – A Cambridge man was sentenced yesterday on firearms trafficking charges. Defendant illegally sold 12 firearms as well as crack cocaine.
Ezequiel Netzahualt, 25, was sentenced by U.S. District Court Judge Leo T. Sorokin to 30 months in prison and three years of supervised release. In August 2020, Netzahualt pleaded guilty to dealing firearms without a license and selling cocaine base, commonly known as crack cocaine.
From September until January of 2021 Netzahualt sold 12 firearms on six separate occasions. Netzahualt also sold crack cocaine on Nov. 20, 2019.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boson Field Office; and Cambridge Police Commissioner Branville G. Bard Jr. made the announcement. Assistant U.S. Attorney Evan Gotlob of Lelling’s Major Crimes Unit prosecuted the case.
California Man Arrested and Charged on Federal Charges Following Events at the United States CapitolRead the Press Release
WASHINGTON, D.C. – A California man was arrested and charged yesterday in connection with the riots at the U.S. Capitol on Wednesday, January 6, 2021.
Hunter Allen Ehmke, 20, of Glendora, California, was charged by criminal complaint with one count of obstruction of an official proceeding, in violation of Title 18, United States Code, Section 1521(c)(2); one count of violent entry and disorderly conduct on Capitol grounds, in violation of Title 40, United States Code, Section 5104(e)(2); and one count of destruction of government property, in violation of Title 18, United States Code, Section 1361. The defendant was arrested outside of Los Angeles, and made his initial appearance yesterday before Magistrate Judge John E. McDermott of the United States District Court for the Central District of California.
The affidavit in support of criminal complaint alleges that during the events at the U.S. Capitol on January 6, 2021, Ehmke jumped onto a window ledge and smashed several panes out of a six-pane window that led to an office space inside the Capitol. Officers with the United States Capitol Police were able to apprehend Ehmke on scene. While the officers were in the process of placing Ehmke under arrest, the large crowd became very aggressive and menacing towards the officers and, faced with being outnumbered by a threatening crowd and having no realistic way to make a safe arrest, the officers made the decision to release the defendant, ordering him to leave the Capitol grounds. The Architect of the Capitol estimated the damage to the window in excess of $2,400.
A criminal complaint is a formal accusation of criminal conduct for purposes of establishing probable cause, not evidence of guilt. A defendant is presumed innocent unless proven guilty.
The case is being prosecuted by the U.S Attorney’s Office for the District of Columbia. Valuable assistance was provided by Assistant United States Attorney David Ryan of the U.S. Attorney’s Office for the Central District of California. The case is being investigated by the FBI’s Los Angeles Field Office and Washington Field Office, and the U.S. Capitol Police Department. The Glendora (California) Police Department assisted in apprehending Ehmke in California and in serving court-authorized search warrants.
The ATF and FBI continue to urge the public to report suspected use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected] or submit information anonymously via ReportIt.com.
The FBI is looking for individuals who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at fbi.gov/USCapitol.
Buffalo Man Who Sold Heroin and Fentanyl to an Undercover Officer Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Julian Beavers a/k/a Ock a/k/a Marcel Ceasar a/k/a BJ, 34, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to possessing with intent to distribute and distributing heroin and furanyl fentanyl. The charges carry a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that an investigation by the Drug Enforcement Administration and the Cheektowaga Police Department determined that the defendant was a heroin and fentanyl distributor with a large customer base in the Buffalo area. On November 21, 2017, Beavers sold 20 wax envelopes containing suspected heroin to an undercover law enforcement officer. Subsequent testing determined that the envelopes contained heroin and furanyl fentanyl. On November 28, 2017, Beavers again sold 20 envelopes to an undercover law enforcement officer. Laboratory analysis confirmed the substance contained fentanyl.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski.
Sentencing will be scheduled at a later date.
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Brockton Man Sentenced to Nine Years for Drug and Firearm OffensesRead the Press Release
BOSTON – A Brockton man was sentenced yesterday in federal court in Boston for illegally possessing a semi-automatic handgun, ammunition, cocaine and fentanyl.
Nelsy Dasilva, 25, was sentenced by U.S. District Court Judge Patti B. Saris to nine years in prison and six years of supervised release. In October 2020, Dasilva pleaded guilty to one count of possession with intent to distribute cocaine and fentanyl and one count of possession of a firearm in furtherance of a drug trafficking crime. Dasilva has been in custody since his arrest in November 2018.
On Nov. 14, 2018, following an investigation into drug distribution in and around Brockton, a search was executed at Dasilva’s apartment where approximately 20 grams of cocaine, two grams of fentanyl, a .380 caliber Jimenez Arms Inc., T-380 semi-automatic handgun and six rounds of .380 caliber ammunition were recovered. Dasilva has a prior felony conviction for assault with the intent to murder, as well convictions for possession with the intent to distribute a controlled substance, criminal possession of a loaded firearm and assault with a dangerous weapon. Due to these prior convictions, Dasilva is prohibited from possessing a firearm and ammunition.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth County District Attorney Timothy J. Cruz; and Brockton Police Chief Emanuel Gomes made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit prosecuted the case.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Brentwood Man Sentenced to 120 Months for Distribution of Child PornographyRead the Press Release
CONCORD - Kyle Desroche, 37, of Brentwood, was sentenced to 120 months in federal prison on Thursday for distributing child pornography, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on November 21, 2017, Dropbox, a cloud-based storage service, sent a CyberTip report to the National Center for Missing and Exploited Children (NCMEC) with 2,325 files of apparent child pornography images and videos loaded to an account belonging to Desroche from an IP address assigned to his residence in Brentwood.
On March 23, 2018, investigators executed a search warrant at Desroche’s residence. During an interview, Desroche admitted using Dropbox and Kik, an online messaging application, on his iPhone and stated he may have received “young stuff” from Kik but claimed to have deleted those items. As authorized by the search warrant, officer seized cellular phones, computer equipment, and other electronic devices. Subsequent forensic examination of those items revealed that Desroche used the Dropbox and Kik applications on his iPhone to share child pornography with like-minded collectors.
On July 11, 2018, law enforcement officers executed a search warrant for Desroche’s Dropbox account. Officers identified approximately 5,942 still images and 2,092 video files of apparent child pornography. NCMEC confirmed that 1,013 still images and 317 video files were of identified child victims.
“Child pornography crimes are serious offenses that exploit innocent children,” said U.S. Attorney Murray. “Those who distribute these horrific images are magnifying the damage to the young lives of these victims. In order to stop the abuse and protect our children, we will continue to seek lengthy prison sentences for the criminals who commit crimes involving child pornography.”
Desroche previously pleaded guilty on June 26, 2021. In addition to his prison sentence, he was ordered to pay $45,000 in restitution and a $5,000 special assessment under the Justice for Victims of Trafficking Act.
This matter was investigated by Homeland Security Investigations and the New Hampshire Internet Crimes Against Children Task Force, with assistance from the Brentwood Police Department, Portsmouth Police Department, Exeter Police Department, Derry Police Department, and Chester Police Department. The case was prosecuted by Assistant U.S. Attorney Cam Le.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Arizona Man Pleads Guilty to Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jair Abraham Gil Valdez, 29, Tuscon, Arizona, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiring to possess with intent to distribute and distributing cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between June and August 8, 2019, the defendant conspired with Ruben Moran Bustamante, Guillermo Garcia, and others, to sell cocaine. On August 7, 2019, Valdez traveled to Rochester, NY, and met Bustamante and Garcia at a hotel. The defendant had with him cocaine intended for distribution. The next day, on August 8, 2019, Bustamante and Garcia obtained five kilograms of cocaine from Valdez. The cocaine was seized from Bustamante’s vehicle after he was pulled over driving to Buffalo. After the seizure, Valdez was located at the hotel in Rochester. Investigators seized three phones from the defendant. A search of the phones revealed photos of what appeared to be kilograms of cocaine on a scale, bulk quantities of U.S. currency, and firearms.
Charges remain pending against co-defendants Bustamante and Garcia. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for July 16, 2021, at 11:00 a.m. before Judge Vilardo.
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Appeals Court Upholds 27 Month Prison Sentence of Former Penn National Horse TrainerRead the Press Release
The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that on Jan. 11, 2021, the U.S. Court of Appeals for the Third Circuit affirmed both the conviction and 27-month prison sentence of Murray Rojas, age, 54, of Grantville, Pennsylvania. That sentence was imposed by Senior U.S. District Court Judge Sylvia H. Rambo on May 6, 2019, after Rojas was convicted by a jury on multiple counts of causing prescription animal drugs to become misbranded in violation of the Federal Food, Drug, and Cosmetic Act (FDCA), as well as conspiracy to commit misbranding.
According to Acting U.S. Attorney Bruce D. Brandler, between 2002 and 2014, Rojas directed veterinarians to administer drugs to horses at Penn National Racetrack on race day in violation of track rules and state law. Rojas argued on appeal that the District Court failed to properly instruct the jury on the distinction between the terms “administer” and “dispense,” as used in the FDCA, as it pertained to Rojas directing vets to inject animal drugs into her horses on race day. The Court of Appeals disagreed and found that Congress intended the term “dispense” to include situations in which a veterinarian personally administers a drug, and that Rojas caused that unlawful dispensing when she ordered the veterinarians to inject the horses. The Court of Appeals also held that the government presented sufficient evidence at trial that Penn National veterinarians dispensed prohibited drugs when they injected Rojas’s horses within 24 hours of post time at Rojas’s direction, and that Rojas herself also injected the prohibited drugs into her horses within 24 hours of post time, all in violation of the FDCA.
The Court of Appeals also rejected Rojas’ claim that Judge Rambo erred in excluding evidence that the drugs given to the horses were for therapeutic purposes and were not performance enhancing drugs. The Court of Appeals held that Pennsylvania’s horse racing regulations prohibit administering almost all drugs to horses within 24 hours of post time and the regulations do not distinguish between therapeutic and performance-enhancing drugs.
Finally, the Court of Appeals upheld Judge Rambo’s sentencing Rojas for felony, rather than misdemeanor, misbranding violations. The Court of Appeals found that Rojas acted with the requisite intent to defraud or mislead, which is a requirement for a felony misbranding conviction.
The case was investigated by the by the Federal Bureau of Investigation, the Pennsylvania Department of Agriculture’s Horse Racing Commission and the Food and Drug Administration (FDA) Office of Criminal Investigations. The government was represented by Assistant U.S. Attorney William Behe, Assistant Director John Claud of the Justice Department's Consumer Protection Branch, and Senior Counsel Laura Pawloski of the FDA’s Office of Chief Counsel.
Appeals Court Upholds 27 Month Prison Sentence of Former Penn National Horse TrainerRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on January 11, 2021, the United States Court of Appeals for the Third Circuit affirmed both the conviction and 27-month prison sentence of Murray Rojas, age, 54, of Grantville, Pennsylvania. That sentence was imposed by Senior U.S. District Court Judge Sylvia H. Rambo on May 6, 2019, after Rojas was convicted by a jury on multiple counts of causing prescription animal drugs to become misbranded in violation of the Federal Food, Drug, and Cosmetic Act (“FDCA”), as well as conspiracy to commit misbranding.
According to Acting U.S. Attorney Bruce D. Brandler, between 2002 and 2014, Rojas directed veterinarians to administer drugs to horses at Penn National Racetrack on race day in violation of track rules and state law. Rojas argued on appeal that the District Court failed to properly instruct the jury on the distinction between the terms “administer” and “dispense,” as used in the Food, Drug and Cosmetic Act, as it pertained to Rojas directing vets to inject animal drugs into her horses on race day. The Court of Appeals disagreed and found that Congress intended the term “dispense” to include situations in which a veterinarian personally administers a drug, and that Rojas caused that unlawful dispensing when she ordered the veterinarians to inject the horses. The Court of Appeals also held that the Government presented sufficient evidence at trial that Penn National veterinarians dispensed prohibited drugs when they injected Rojas’s horses within twenty-fours of post time at Rojas’s direction, and that Rojas herself also injected the prohibited drugs into her horses within twenty-four hours of post time, all in violation of the FDCA.
The Court of Appeals also rejected Rojas’ claim that Judge Rambo erred in excluding evidence that the drugs given to the horses were for therapeutic purposes and were not performance enhancing drugs. The Court of Appeals held that Pennsylvania’s horse racing regulations prohibit administering almost all drugs to horses within twenty-four hours of post time and the regulations do not distinguish between therapeutic and performance-enhancing drugs.
Finally, the Court of Appeals upheld Judge Rambo’s sentencing Rojas for felony, rather than misdemeanor, misbranding violations. The Court of Appeals found that Rojas acted with the requisite intent to defraud or mislead, which is a requirement for a felony misbranding conviction.
The case was investigated by the by the Federal Bureau of Investigation, the Pennsylvania Department of Agriculture’s Horse Racing Commission and the Food and Drug Administration, Office of Criminal Investigations. The government was represented by William Behe, Assistant United States Attorney, John Claud, Assistant Director, DOJ’s Consumer Protection Branch, and Laura Pawloski, Senior Counsel, FDA’s Office of Chief Counsel.
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Activity in the United States Attorney's OfficeRead the Press Release
Federal District Court Judge Nancy D. Freudenthal sentenced BRYSON JOSEPH BROWN, 30, on January 12, 2021 for attempted escape from custody and assaulting and resisting persons assisting federal law enforcement officers. Brown was arrested at the Casper re-entry center. He received thirty months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $300.00 special assessment. The U.S. Marshals Service investigated this case.
Federal District Court Judge Alan B. Johnson sentenced LUCINDA MARIE HARRIS, 30, of Casper, Wyoming on January 12, 2021 for two counts of bank larceny. Harris was arrested in Casper, Wyoming. She received six months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $200.00 fine, restitution in the amount of $67,050.00. The Federal Bureau of Investigation investigated this case.
Federal District Court Judge Alan B. Johnson sentenced KOLTEN JOHN LACKEY, 23, of Cheyenne, Wyoming on January 12, 2021 for possession of National Firearms Act firearms not registered in the National Firearms Registration and Transfer record, and unlawful user of a controlled substance in possession of firearms and ammunition. Lackey appeared via WRIT. He received fifty-one months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $200.00 special assessment. The Cheyenne Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.
14 January 2021
न्याय विभाग (जस्टिस डिपार्टमेंट) टैक्सस स्थित स्टाफ़िंग कम्पनी के साथ प्रवासन संबंधी भेदभाव का समाधान करने के लिए व्यवस्थापन करता हैRead the Press Release
न्याय विभाग (डिपार्टमेंट ऑफ जस्टिस) ने आज घोषणा की कि वह डलस, टैक्सस में स्थित एक स्टाफ़िंग कम्पनी, National Systems America, LP (नेशनल सिस्टम्स अमेरिका, एलपी) के साथ एक समझौते पर पहुंचा है। यह समझौता विभाग के इस दावे का समाधान करता है कि नेशनल सिस्टम्स ने आप्रवासन और राष्ट्रीयता अधिनियम (INA) का उल्लंघन किया है जब उसने (1) कुछ पदों के लिए आवेदकों पर नागरिकता संबंधी गैरकानूनी प्रतिबंध लगाए थे और (2) अमेरिकी नागरिक के लिए नहीं, लेकिन आवेदकों के वैध स्थायी निवासी होने पर नौकरी के लिए और आगे विचार किए जाने के लिए एक विशिष्ट कार्य प्राधिकरण दस्तावेज़ प्रदान करने को आवश्यक बनाया था।
नागरिक अधिकार प्रभाग के कार्यकारी सहायक अटार्नी जनरल जॉन बी. डौकस ने कहा कि, “प्रतिस्पर्धात्मक और तेजी से बदलते आईटी स्टाफ़िंग उद्योग में, स्टाफ़िंग कम्पनियों के लिए यह महत्वपूर्ण है कि नागरिकता के आधार पर नौकरी पर रखे जाने संबंधी गैरकानूनी प्रतिबंध न लगाएं।” “नियोक्ता नौकरी के प्रस्ताव को स्वीकार किए जाने से पहले कार्य करने के प्राधिकरण के सबूत पेश किए जाने की मांग नहीं कर सकते और उनका संयुक्त राज्य अमेरिका में काम करने के लिए प्राधिकरण को साबित करने के लिए स्वीकार्य कार्य प्राधिकरण दस्तावेज़ों को प्रस्तुत करने के कर्मचारी के कानूनी अधिकार के साथ हस्तक्षेप न करना ज़रूरी है।
इस जांच के आधार पर, डिपार्टमेंट ने यह निष्कर्ष निकाला कि नेशनल सिस्टम्स ने अपने ग्राहकों की प्राथमिकताओं के बारे में पूर्वानुमानों के आधार पर, इस बात की परवाह किए बिना कि ऐसा करने का कोई कानूनी औचित्य था या नहीं, केवल अमेरिकी-नागरिकों को नौकरी पर रखने संबंधी प्रतिबंध लागू किए। डिपार्टमेंट ने यह भी निष्कर्ष निकाला कि जब नेशनल सिस्टम्स गैर-अमेरिकी आवेदकों पर विचार करने का इच्छुक था, जैसे कि वैध स्थायी निवासी, तो कम्पनी ने चुनाव प्रक्रिया के अगले चरण में आगे भेजने से पहले उन्हें कार्य प्राधिकरण संबंधी विशिष्ट दस्तावेज़ दिखाने को ज़रूरी बनाकर उनके खिलाफ़ भेदभावपूर्ण व्यवहार किया।
आम भाषा में, INA नियोक्ताओं को किसी नौकरी के लिए केवल अमेरिकी नागरिकों पर विचार किए जाने को सीमित करने की इजाज़त देता है, जबकि ऐसा करना किसी कानून, विनियम, सरकारी अनुबंध या किसी कार्यकारी आदेश के तहत आवश्यक हो; लेकिन ऐसा करना केवल ग्राहक की भेदभावपूर्ण प्राथमिकता या ग्राहक की प्राथमिकता के पूर्वानुमान पर आधारित न हो। साथ ही INA नियोक्ताओं को कर्मचारियों की नागरिकता, आप्रवासन स्थिति या राष्ट्रीय मूल के आधार पर कार्य प्राधिकरण साबित करने के लिए अधिक या अलग-अलग दस्तावेज़ प्रदान करने का अनुरोध करने की भी मनाही करता है। इसकी बजाय, INA में, कांग्रेस ने निर्धारित किया कि सभी कार्य के लिए प्राधिकृत व्यक्ति, चाहे उनकी नागरिकता स्थिति कोई भी क्यों न हो, इस बात का चुनाव कर सकते हैं कि वे संयुक्त राज्य अमेरिका में काम करने के लिए प्राधिकरण को साबित करने के लिए कौन से कानूनी तौर पर स्वीकार्य दस्तावेज़ प्रदान करना चाहते हैं। हालांकि, INA नियोक्ताओं को असली न लगने वाले दस्तावेज़ों को अस्वीकृत करने की इजाज़त देता है। अंत में, INA नियोक्ता को किसी व्यक्ति के नौकरी के प्रस्ताव को स्वीकार करने से पहले उसके काम करने के प्राधिकरण की पुष्टि करने की इजाज़त नहीं देता है।
समझौते के अनुबंध के तहत, नेशनल सिस्टम्स संयुक्त राज्य अमेरिका को नागरिक जुर्माने के तौर पर $34,200 का भुगतान करेगा, अपने कर्मचारियों को INA की भेदभाव के खिलाफ प्रावधानों की आवश्यकताओं का प्रशिक्षण प्रदान करेगा, और कानून के मुताबिक भविष्य के अनुपालन को सुनिश्चित करने के लिए अपनी नीतियों में बदलाव करेगा।
नागरिक अधिकार प्रभाग के आप्रवासन और कर्मचारियों के अधिकार संबंधी अनुभाग (IER) INA के भेदभाव के खिलाफ प्रावधानों को लागू करने के लिए ज़िम्मेदार है। कानून नौकरी पर नियुक्त किए जाने, नौकरी से निकाले जाने या फीस के बदले काम पर भर्ती करने या संदर्भ देने में नागरिकता स्थिति और राष्ट्रीय मूल संबंधी भेदभाव; अनुचित दस्तावेज़ी प्रथाओं; और प्रतिशोध और धमकी को निषिद्ध करता है।
इस संक्षिप्त वीडियो के माध्यम से IER के काम और सहायता कैसे प्राप्त की जाए, के बारे में और जानें। आवेदक या कर्मचारी जो यह मानते हैं कि उनकी नागरिकता, आप्रवासन स्थिति, या नौकरी पर नियुक्त किए जाने, नौकरी से निकाले जाने, भर्ती किए जाने की प्रक्रिया के दौरान राष्ट्रीय मूल के आधार पर उनसे भेदभाव किया गया था या रोजगार पात्रता सत्यापन प्रक्रिया (फॉर्म I-9 और ई-सत्यापन) के दौरान भेदभाव किया गया था; या प्रतिशोध के भागी बने, वे एक आरोप दायर कर सकते हैं। जनता भी IER की कर्मचारी हॉटलाइन से 1-800-255-7688 पर सम्पर्क कर सकती है; IER की नियोक्ता हॉटलाइन को 1-800-255-8155 (सुनने में विकार वाले लोगों के लिए 1-800-237-2515, TTY) पर कॉल कर सकती है, या [email protected] पर ईमेल भेज सकती है; एक मुफ़्त वेबीनार के लिए साइन-अप करें; या IER की अंग्रेज़ी और स्पैनिश वेबसाइट्स पर जाएँ। IER से अपडेट्स प्राप्त करने के लिए GovDelivery पर सब्सक्राइब करें।
नागरिक अधिकार प्रभाग आपके नागरिक अधिकार संबंधी उल्लंघनों के बारे में जानना चाहता है। जनता के सदस्य नागरिक अधिकार प्रभाग के रिपोर्टिंग पोर्टल के माध्यम से संभावित नागरिक अधिकारों के उल्लंघनों की रिपोर्ट कर सकते हैं।
Windham Woman Pleads Guilty to Defrauding Taiwanese Exchange StudentsRead the Press Release
PORTLAND, Maine: A Windham woman waived indictment and pleaded guilty today in federal court to two counts of wire fraud stemming from her scheme to defraud Taiwanese exchange students studying in Maine, U.S. Attorney Halsey B. Frank announced.
According to court records, between September 2016 and December 2019, Ni Ni Chang, 50, hosted two Taiwanese exchange students seeking to study abroad in Maine at the University of Southern Maine and Windham Christian Academy. Prior to their arrival, Chang falsely represented the cost of tuition and other educational expenses to the families of these students and pocketed the difference between the actual costs and the wrongfully inflated costs.
Homeland Security Investigations and the U.S. Department of State’s Diplomatic Security Service investigated the case.
Whitehall Man Charged with Unlawful Possession of Firearms and AmmunitionRead the Press Release
ALBANY, NEW YORK – Shane Smith, age 24, of Whitehall, New York, was charged this week with unlawfully possessing two short-barrel rifles and hundreds of rounds of ammunition as a felon.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The criminal complaint alleges that Smith, a felon, possessed two homemade AR-15-type rifles whose barrels were less than 16 inches in length, and hundreds of rounds of ammunition, on December 15 at his Whitehall home. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Smith appeared yesterday before United States Magistrate Judge Christian F. Hummel, and was ordered detained pending further proceedings.
Each count carries a maximum sentence of 10 years in prison, and a term of post-imprisonment supervised release of up to 3 years. 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.
This case is being investigated by the FBI and the ATF, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.
Wheeling man admits to firearms chargeRead the Press Release
WHEELING, WEST VIRGINIA – Mark L. Flint, II, of Wheeling, West Virginia, has admitted to a firearms charge, U.S. Attorney Bill Powell announced.
Flint, age 35, of Wheeling, pled guilty today to one count of “Unlawful Possession of a Firearm.” Flint, who is prohibited from having a firearm, admitted to having a .40 semi-automatic pistol in May 2020 in Ohio County.
Flint faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Danae DeMasi-Lemon is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Wheeling Police Department investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Wagoner Man Pleads Guilty to Involuntary Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jerry Wayne Dick, age 27, of Wagoner, Oklahoma entered a guilty plea to Involuntary Manslaughter in Indian Country, in violation of Title 18, United States Code, Sections 1112, 1151 and 1153, punishable by up to 8 years’ imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about July 18, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did unlawfully kill Zachary O’Connell. in the commission of an unlawful act not amounting to a felony, that is, operating a motor vehicle in violation of lawful speed limits, in a careless and wanton manner, contrary to Title 47, Oklahoma Statutes, Section 11-901, without due caution and circumspection and with a wanton and reckless disregard for human life, and knew and should have known that his conduct imperiled the lives of others.
The charges arose from an investigation by the Wagoner Police Department and the Federal Bureau of Investigation.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Special Assistant United States Attorney Cory Ortega represented the United States.
Utah Man Charged in Federal Court Following Events at the United States CapitolRead the Press Release
WASHINGTON, D.C. – A Utah man was charged today in federal court in the District of Columbia in connection with the riots at the U.S. Capitol on Wednesday, Jan. 6, 2021.
John Earle Sullivan was charged by complaint with one count of knowingly entering or remaining in any restricted building or grounds without lawful authority, one count of violent entry and disorderly conduct on Capitol grounds, and one count of interfering with law enforcement engaged in the lawful performance of their official duties incident to and during the commission of civil disorder. The defendant was arrested today in Utah.
The Complaint alleges that during the events at the U.S. Capitol, Sullivan, wearing a ballistics vest and gas mask, entered the U.S. Capitol through a window that had been broken out, pushing past U.S. Capitol Police once inside. The Complaint also alleges that Sullivan admits to filming and being depicted in video footage that shows him present, outside of the Speaker’s Lobby within the U.S. Capitol, at the shooting of a woman by a U.S. Capitol Police officer.
The details contained in the charging documents are allegations. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The case is being prosecuted by the U.S Attorney’s Office for the District of Columbia and the Counterterrorism Section of the Department of Justice’s National Security Division. The case is being investigated by the FBI’s Salt Lake City and Washington Field Offices, the U.S. Capitol Police Department, and the Metropolitan Police Department. Valuable assistance was provided by the U.S. Attorney’s Office for the District of Utah.
The ATF and FBI continue to urge the public to report suspected use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected] or submit information anonymously via ReportIt.com.
The FBI is looking for individuals who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at fbi.gov/USCapitol.
The details contained in the charging documents are allegations. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Department of Justice, Office of Public Affairs Announces Webpage on Investigations Regarding Violence at the U.S. Capitol Listing Defendants Charged and Related InformationRead the Press Release
Spokane – William D. Hyslop, United States Attorney for the Eastern District of Washington, announced today that the Department of Justice – Office of Public Affairs has created a webpage listing every defendant charged in federal court in the District of Columbia related to crimes committed at the U.S. Capitol in Washington, D.C., on January 6, 2020 and related information.
Links to the webpage are listed below:
Investigations Regarding Violence at the Capitol (justice.gov)
https://www.justice.gov/opa/investigations-regarding-violence-capitol
United States Attorney McSwain Announces ResignationRead the Press Release
PHILADELPHIA, PA – United States Attorney William M. McSwain, who has served as the chief federal law enforcement officer in the Eastern District of Pennsylvania (EDPA) since April 6, 2018, will step down on January 22, 2021. The U.S. Attorney’s Office for the EDPA is one of the largest U.S. Attorney’s Offices in the country, serving a population of nearly six million in Philadelphia and its eight surrounding counties. U.S. Attorneys are Presidentially appointed and Senate confirmed officers; this resignation is a normal part of the transition from the Trump to the Biden Administrations. Mr. McSwain will be returning to private law practice in Philadelphia. Jennifer Arbittier Williams, who has served as the First Assistant U.S. Attorney during Mr. McSwain’s tenure, will become the Acting U.S. Attorney upon his departure.
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“I want to thank President Trump for appointing me as U.S. Attorney, Senators Toomey and Casey for recommending me for the position, and Attorneys General Barr and Sessions for leading the Department of Justice during my service. I will always be grateful to have had the opportunity to serve as U.S. Attorney in the District in which I have lived most of my life, in the City in which I was born, and in the Office where I learned to be a trial lawyer as an Assistant U.S. Attorney,” said U.S. Attorney McSwain. “My overriding focus as U.S. Attorney was on pursuing justice in order to protect the community. I gave this job all that I had – all day, every day. While we’ve had many significant accomplishments during my tenure, the credit for these successes belongs to the hardworking, dedicated professionals at the U.S. Attorney’s Office and our law enforcement partners. For an attorney, there is no greater professional privilege than to represent the United States of America. I will miss it dearly.”
Below is a brief synopsis of some of the achievements of the U.S. Attorney’s Office during Mr. McSwain’s period of service.
Office Productivity and New Initiatives
In 2019, the first full fiscal year of U.S. Attorney McSwain’s tenure, the Criminal Division indicted 669 cases, a 40% increase from the previous year and the highest number of cases charged by the Office in a decade. Similarly, the number of defendants indicted in 2019 – another measure of Office productivity and case complexity – saw a dramatic increase. The Office charged 894 defendants in 2019, up from 599 in 2018, a 49% increase. These effects were felt across the board in all of the Office’s criminal units: the violent crime, narcotics, economic crime, government fraud, corruption, and national security units all logged significant increases in the number of cases and defendants charged.
Similarly, the Civil Division in 2019 opened a record number of False Claims Act investigations, which are designed to recover money on behalf of the U.S. government and taxpayers when they have been victims of fraud, and Controlled Substances Act investigations. The same year, the Civil Division achieved a record number of affirmative civil enforcement resolutions, recovering approximately $125 million from companies and individuals that were under investigation for allegedly committing fraud against the United States or violating the Controlled Substances Act.
In 2020, the Office continued an aggressive pace in both criminal and civil matters, although year-to-year comparisons to 2019 are difficult to make in light of the pandemic, which caused at various times the temporary suspension of criminal grand juries and jury trials. Still, in the past year, the Civil Division achieved nearly as many affirmative civil enforcement resolutions as it did in 2019, recovering over $200 million. It also led a successful review under the Americans with Disabilities Act of all EDPA polling places in order to ensure equal access to voting, among other civil rights initiatives.
U.S. Attorney McSwain spearheaded the creation of several new units in the Office during his tenure. First, the Office established a regional Health Care Fraud Strike Force, in conjunction with the Fraud Section at the U.S. Department of Justice in Washington, D.C., in order to pursue criminal penalties against fraudsters who steal from U.S. government health care programs. Second, the Office established an Affirmative Civil Enforcement (ACE) Strike Force to focus on and expedite complex affirmative civil enforcement cases. Third, the Office stood up a General Crimes unit in the Criminal Division, staffed with more junior criminal prosecutors, in order to maximize their training and development. And fourth, U.S. Attorney McSwain established the Office of Public Affairs and External Engagement (OPAEE) in order to increase transparency and engagement with the community.
While all areas of the Office have enjoyed increased productivity since 2018, U.S. Attorney McSwain prioritized two areas in particular – violent crime and public corruption. Both are described more fully below.
Violent Crime
For the past three years, the Office has prioritized violent crime prosecutions throughout the entire Eastern District of Pennsylvania. However, the deteriorating public safety conditions in Philadelphia necessitated that much of the prosecutions focused on the City, as a counterweight to the irresponsible criminal justice policies of the District Attorney’s Office that have fueled the violent crime and homicide crises in Philadelphia since early 2018.
In 2019, the violent crime unit charged more cases than any other unit in the Office. It charged 208 cases as compared to 136 in 2018, which is a 53% increase. And in Philadelphia’s most dangerous neighborhoods, the prosecutions skyrocketed. The Office focused its efforts on Project Safe Neighborhood (PSN) target districts – areas that police statistics identify as “hot spots” for violent crime and narcotics trafficking in Philadelphia. In 2019, the violent crime unit charged 143 cases (and 195 defendants) in PSN districts as compared to 82 cases (and 92 defendants) in 2018. That is a 72% increase in the number of cases that the Office charged federally, and a 112% increase in the number of defendants prosecuted.
Many of these cases in 2019 (and in 2020) involved situations in which the U.S. Attorney’s Office stepped in to supplant the District Attorney’s Office after the DA’s Office had mishandled the matter. For example:
- The Office secured a conviction and sentence of over 14 years against Jovaun Patterson, after he shot Mike Poeng, a West Philadelphia deli owner, confining him to a wheelchair. The DA’s Office had given Patterson a plea deal that involved as little as 3 ½ years in prison.
- The Office charged Khalif Tuggle with the brutal carjacking murder of Thomas Pedersen, which carries a potential life sentence. The DA’s Office had agreed not to prosecute Tuggle for either first- or second-degree murder, thus eliminating the possibility of a life sentence and making him eligible for parole in only 10 years.
- The Office charged John Kane, who had previously been convicted of two homicides, with possession of a firearm by a convicted felon after a firearm was allegedly found on him during a traffic stop. The DA’s Office had voluntarily dismissed all charges against Kane stemming from the traffic stop.
- The Office charged Hassan Elliott, Bilal Mitchell, Khalif Sears and Sherman Easterling with the murder of Philadelphia Police Sergeant James O’Connor, who was killed while serving a warrant with his SWAT unit. The federal charges make Elliott eligible for the death penalty. The irresponsible charging and bail policies of the DA’s Office had put Elliott on the street in the first place, enabling him allegedly to shoot Sergeant O’Connor.
Furthermore, as part of its anti-violence efforts, the Office also aggressively prosecuted narcotics cases – as drug trafficking and drug gangs are often the root of violence in the community. In June 2019, the Office executed one of the largest drug busts in U.S. history, seizing the massive cargo vessel MSC Gayane, which had over 20 tons of cocaine hidden on it. And in February 2019, in response to Philadelphia’s plans to open the nation’s first ever supervised heroin injection site, the Office filed a civil lawsuit to prevent its opening. The lawsuit asked the court to declare that the site would violate federal drug laws and argued that such sites would normalize heroin use, thereby exacerbating Philadelphia’s drug and opioid crisis. U.S. Attorney McSwain personally argued the case in November 2020 in front of a three-Judge panel of the U.S. Court of Appeals for the Third Circuit. Earlier this week, the Third Circuit ruled in the Government’s favor, holding that it is a federal crime to open a supervised injection site for illegal drug use.
Public Corruption
U.S. Attorney McSwain has prioritized the fight against public corruption, which erodes the public’s trust in its elected officials and government. During the past three years, the Office has brought charges for corruption and/or fraud and embezzlement against dozens of elected officials, public office holders and public employees.
Examples include: John Dougherty, the Business Manager of Local 98 of the International Brotherhood of Electrical Workers; Robert Henon, Philadelphia City Council Member; Kenyatta Johnson, Philadelphia City Council Member, and his wife, Dawn Chavous; Christian Dunbar, Philadelphia City Treasurer; Leo Dignam, Assistant Philadelphia Managing Director; Jeffrey Blackwell, an employee in the Philadelphia City Controller’s Office; and Jarredd McQueen, Demarys Natal and Nicole Mixon, employees in the Philadelphia Revenue Department. The Office also brought corruption charges against Philadelphia-area political consultant Kenneth Smukler; and election fraud charges against former U.S. Congressman Ozzie Myers of South Philadelphia.
Additionally, the Office obtained significant prison sentences for corruption offenses committed by Allentown Mayor Ed Pawlowski (15 years); Reading Mayor Vaughn Spencer (8 years); Bucks County Magisterial District Judge John Waltman (6 ½ years); Philadelphia Sheriff John Green (5 years); Philadelphia-area educational consultant David Shulick (5 years); and Allentown-area political consultant Michael Fleck (5 years). The Office obtained a re-sentencing of 10 years in prison for corruption offenses committed by U.S. Congressman Chaka Fattah. Finally, the Office secured the conviction and/or sentencing of several law enforcement officers, including Philadelphia Police Officers Stanley Davis, Brian O’Neill and Brian Smith.
U.S. Penitentiary-Canaan Inmate Sentenced to 33 Months’ Imprisonment for Conspiracy to Assault A Government WitnessRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that United States District Court Judge Robert D. Mariani sentenced Troy J. Blanchard, age 31, of Portland, Maine, to 33 months’ imprisonment for conspiring to assault another inmate in retaliation for that individual’s past cooperation with law enforcement as a witness or informant.
According to Acting United States Attorney Bruce D. Brandler, on or about February 28, 2019, while incarcerated at the United States Penitentiary, Canaan (USP Canaan), in Waymart, Pennsylvania, Blanchard, along with a co-defendant, conspired to assault and did assault the victim, also an inmate at USP Canaan, by repeatedly striking the victim several times about the head and body with closed fists. The motivation for this assault was the defendants’ belief that the victim had been a government witness or informant. The 33-month sentence that Blanchard received was ordered to run consecutively to the federal sentence that Blanchard was serving at the time of the assault.
The matter was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Jeffery St John.
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U.S. Attorney’s Office Launches Operation Aimed at Prosecuting Child PredatorsRead the Press Release
U.S. Attorney Trent Shores today announced the launch of Operation Clean Sweep aimed at holding accountable child predators throughout the Northern District of Oklahoma.
Operation Clean Sweep concentrates law enforcement efforts on counteracting the spike in internet facilitated child-exploitation crimes. The operation further seeks to identify and rescue any child victims located during the investigation.
“Protecting children from harm remains a top priority for me. To that end, my team will use all available tools to identify and remove child predators from our community. Today I am announcing Operation Clean Sweep, an initiative designed to prioritize helping victims of child sex abuse and holding accountable any adult who possesses, distributes, or manufactures child pornography,” said U.S. Attorney Trent Shores. “I have designated Assistant U.S. Attorneys Chris Nassar and Edward Snow to lead this Operation taking down child predators. I have the utmost confidence that, along with the 11 participating law enforcement agencies, AUSAs Nassar and Snow will make our streets safer for children.”
The operation’s first seven defendants were arrested and charged with distribution and receipt of child pornography and with possession of child pornography. The men made initial appearances in U.S. District Court this week.
Defendants charged as part of the operation this week include:
- James Michael Brown, 63, of Tulsa (charged with possession of child pornography only)
- Michael Lee Figgeroa, 41, of Hominy
- Earl Hardy Morrow, 38, and Kory Morrow, 40, both of Broken Arrow
- Travis Pryce, 50, of Copan
- Aaron James Seney, 32, of Sapulpa
- Jerry Vantine, 74, of Tulsa
The production, consumption and trafficking of child pornography continues to expand at an exponential rate. In 2019, the National Center for Missing and Exploited Children’s CyberTipline received more than 45 million child pornography files in 16.9 million CyberTipline reports. Those numbers increased significantly when compared to the just over 1.1 million reports made to the CyberTipline in 2014.
Further, NCMEC experienced a 63 per cent increase in CyberTipline reports between January and September 2020 versus the same time period in 2019. Of the tips reported in 2020, there was a 98.6 per cent increase in the number of cases involving adults attempting to engage in a sex act with a child through use of the internet.
NCMEC’s CyberTipline is the nation’s centralized reporting system for the online exploitation of children. The public and electronic service providers can make reports of suspected online enticement of children for sexual acts, extra-familial child sexual molestation, child pornography, child sex tourism, child sex trafficking, unsolicited obscene materials sent to a child, misleading domain names, and misleading words or digital images on the internet. The CyberTipline can be found here.
Operation Clean Sweep is led by Assistant U.S. Attorney Christpher J. Nassar with support from Assistant U.S. Attorney Edward Snow. Law enforcement agencies taking part in the operation are the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, FBI, Oklahoma State Bureau of Investigation, Tulsa Police Department, Bristow Police Department, Broken Arrow Police Department, Owasso Police Department, Sand Springs Police Department, Jenks Police Department, Rogers Country Sheriff’s Office, and the Cherokee Nation Marshal Service.
The Operation is part of the Justice Department’s Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Two Winner Women Indicted for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that two Winner, South Dakota, women have been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Andrea Kindt, age 39, was indicted on November 20, 2020, and Amber Heth, age 39, was indicted on December 8, 2020. Kindt appeared before U.S. Magistrate Judge Mark A. Moreno on January 6, 2021, and pled not guilty to the Indictment. Heth appeared before U.S. Magistrate Judge Mark A. Moreno on January 8, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum five years, up to 40 years in prison and/or a $5,000,000 fine, at least four years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictments each allege that beginning at a time unknown, but no later than on or before March 1, 2020, Kindt and Heth knowingly and intentionally, combined, conspired, confederated, and agreed with persons known and unknown, to knowingly and intentionally distribute and possess with the intent to distribute 50 grams or more of methamphetamine in and around Winner.
The charges are merely accusations and Kindt and Heth are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Division of Criminal Investigation, and the South Dakota Highway Patrol. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Kindt was released pending trial. Heth was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 16, 2021.
Two Redford Charter Township Men Charged with Widespread Mail Theft, Identity Theft, and Bank FraudRead the Press Release
Two men from Redford Charter Township were charged in a criminal complaint for their alleged role in an ongoing fraud scheme, involving mail thefts in multiple cities throughout southeast Michigan over the past year, announced United States Attorney Matthew Schneider.
Joining in the announcement were Douglas Zloto, Special Agent in Charge, U.S. Secret Service, Detroit Field Office; Bryan Musgrove, Acting Inspector in Charge, Detroit Division, U.S. Postal Inspection Service; Michael Patton, Chief, West Bloomfield Police Department; and Jeff King, Chief, Farmington Hills Police Department.
Charged are Justin Lohman, 35; and Justin Cutshaw, 34.
According to the complaint, Lohman and Cutshaw are alleged to have stolen mail from over 200 individual victims across more than 30 different communities in Southeast Michigan, to include: Bloomfield Hills, Farmington Hills, Livonia, Westland, Canton, Plymouth, Northville, Novi, Clinton Township, and Redford Township. It is alleged that the men would frequently alter the “Payee” line and the amount of checks found within the mail, and then either cash those checks or use them to purchase construction equipment or other goods that they would later pawn. It is further alleged that the men also opened credit cards in various victims’ names. According the complaint, Lohman also manufactured fake IDs to assist in the fraud scheme. It is also alleged that Lohman obtained debit cards loaded with Unemployment Insurance benefits issued in the names of individuals in other states, which are believed to be the product of fraud.
“The U.S. mail is one of our most important public services and citizens need to be able to trust that sensitive financial information they send using the mail will arrive safely and securely. Stealing mail from people’s homes and using the information in that mail to commit identity theft is a very serious crime, and one that we will treat seriously every time,” stated United States Attorney Schneider.
“I appreciate the collaborative efforts of the South East Michigan Cyber Fraud Task Force, including the U.S. Postal Inspection Service and local law enforcement agencies, and the U.S. Attorney’s Office, to bring these two defendants to justice on charges relating to mail theft and identity theft, and protect the citizens of Michigan from this criminal activity,” said Special Agent in Charge Zloto.
“The U.S. Postal Inspection Service, the law enforcement and security arm of the Postal Service, is charged with safeguarding the nation’s mail – including the people who move it and the customers who use it. While the U.S. Mail remains one of the most secure means of transmitting personal information, thieves and fraudsters unfortunately attempt to exploit the postal system on occasion for personal gain. That is why U.S. Postal Inspectors work tirelessly to investigate postal-related crime and seek the maximum possible prosecution of those violators to keep you and your mail safe,” added Acting Inspector in Charge Musgrove.
A complaint is only a charge and is not evidence of guilt. Trial cannot be held on felony charges in a complaint. When the investigation is completed, a determination will be made whether to seek a felony indictment.
This case is being prosecuted by Assistant United States Attorney Ryan A. Particka. The investigation is being conducted by the Southeast Michigan Cyber Fraud Task Force (SEMCFTF), and is being led by agents from the United States Postal Inspection Service, with support from the West Bloomfield Police Department, the Farmington Hills Police Department, and the United States Secret Service.
Two Muskogee Residents Plead Guilty to Attempted Robbery in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Muskogee County residents Colton Delain Edwards, age 19, and Jakeyvious Dune Lee Key, age 19, each entered guilty pleas to Attempted Robbery In Indian Country, in violation of Title 18, United States Code, Sections 2111, 1151, 1153, and 2, punishable by up to 15 years’ imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about July 30, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendants, by force and violence and by intimidation, did attempt to take items of value from the person and presence of D.L.
The charges arose from an investigation by the Oklahoma State Bureau of Investigation, the Haskell Police Department, the Muskogee Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the pleas and ordered the completion of the presentence investigation reports.
Assistant United States Attorney Ryan Conway represented the United States.
Two Delaware Men Charged in Federal Court Following Events at the United States CapitolRead the Press Release
WASHINGTON, D.C. – Kevin Seefried and Hunter Seefried were charged today in federal court in the District of Columbia in connection with the riots at the U.S. Capitol on Wednesday, Jan. 6, 2021.
Kevin Seefried and Hunter Seefried each were charged by complaint with one count of knowingly entering or remaining in any restricted building or grounds without lawful authority, one count of violent entry and disorderly conduct on Capitol grounds, and one count of depredation of government property. Both defendants were taken into custody in Delaware today. It is alleged that during the events at the U.S. Capitol, Kevin Seefried and Hunter Seefried entered the Senate Building through a broken window and, shortly thereafter, Kevin Seefried was photographed holding a Confederate Battle flag inside the Capitol Building.
The details contained in the charging documents are allegations. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The cases are being prosecuted by the U.S Attorney’s Office for the District of Columbia and the Counterterrorism Section of the Department of Justice’s National Security Division. The cases are being investigated by the FBI’s Washington Field Office, the U.S. Capitol Police Department, and the Metropolitan Police Department. Valuable assistance was provided by Assistant United States Attorney Adrienne Dedjinou of the U.S. Attorney’s Office for the District of Delaware.
The ATF and FBI continue to urge the public to report suspected use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected] or submit information anonymously via ReportIt.com.
The FBI is looking for individuals who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at fbi.gov/USCapitol.
Toyota Motor Company to Pay $180 Million in Settlement for Decade-Long Noncompliance with Clean Air Act Reporting RequirementsRead the Press Release
The U.S. Department of Justice and U.S. Environmental Protection Agency (EPA) announced today that the United States has filed and simultaneously settled a civil lawsuit against Toyota Motor Corporation, Toyota Motor North America Inc., Toyota Motor Sales U.S.A. Inc., and Toyota Motor Engineering & Manufacturing North America Inc. (Toyota) for systematic, longstanding violations of Clean Air Act emission-related defect reporting requirements, which require manufacturers to report potential defects and recalls affecting vehicle components designed to control emissions.
Along with the civil complaint, the United States has filed a consent decree, agreed to by Toyota, that resolves the government’s complaint through Toyota’s payment of a $180 million civil penalty and the imposition of injunctive relief. The $180 million penalty is the largest civil penalty for violation of EPA’s emission-reporting requirements. The injunctive provisions require Toyota to follow compliance and reporting practices designed to ensure timely investigation of emission-related defects and timely reporting to EPA, and include training, communication, and oversight requirements. The consent decree remains subject to a period of public comment and court approval.
“This settlement is yet another important milestone settlement for this Administration, and it continues our unwavering commitment to ensuring that our environmental laws as written, including EPA’s regulations, are rigorously enforced,” said Jeffrey Bossert Clark, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division.
“For a decade, Toyota systematically violated regulations that provide EPA with a critical compliance tool to ensure that vehicles on the road comply with federal emissions standards,” said Audrey Strauss, Acting U.S. Attorney for the Southern District of New York. “Toyota shut its eyes to the noncompliance, failing to provide proper training, attention, and oversight to its Clean Air Act reporting obligations. Toyota’s actions undermined EPA’s self-disclosure system and likely led to delayed or avoided emission-related recalls, resulting in financial benefit to Toyota and excess emissions of air pollutants. Today, Toyota pays the price for its misconduct with a $180 million civil penalty and agreement to injunctive relief to ensure that its violations will not be repeated.”
“For a decade Toyota failed to report mandatory information about potential defects in their cars to the EPA, keeping the agency in the dark and evading oversight,” said Susan Bodine, EPA’s Office of Enforcement and Compliance Assurance Assistant Administrator. “EPA considers this failure to be a serious violation of the Clean Air Act.”
The complaint filed in Manhattan federal court today alleges that from approximately 2005 until at least late 2015, Toyota systematically violated Clean Air Act automobile defect reporting requirements designed to protect public health and the environment from harmful air pollutants.
Clean Air Act regulations require manufacturers to notify EPA by filing an Emissions Defect Information Report (EDIR) when 25 or more vehicles or engines in a given model year have the same defect in an emission control part or an element of design installed in order to comply with emission standards and other EPA regulations. The regulations also require vehicle manufacturers to file a Voluntary Emissions Recall Report (VERR) with EPA when they perform a recall to correct defects in emission-related parts, and to update EPA on the progress of such recalls through Quarterly Reports. These mandatory reporting requirements are critical to the Clean Air Act’s purpose of protecting human health and the environment from harmful air pollutants: They encourage manufacturers to investigate and voluntarily address defects that may result in excess emissions of harmful air pollutants, and provide EPA with important information about emission-related defects for use in its oversight of manufacturers.
For 10 years, Toyota routinely failed to comply with these reporting requirements. During that time, Toyota materially delayed filing an estimated 78 EDIRs, filing many only when disclosing non-compliance to EPA in 2015, at which point some were as much as eight years late. These EDIRs related to millions of vehicles with the potential to exhibit emission-related defects. Toyota also failed to file 20 VERRs and more than 200 quarterly reports.
During the period of noncompliance, Toyota managers and staff in Japan knew that Toyota was no longer even attempting to determine whether it was aware of 25 instances of the same emission-related defect in a model year – the threshold requirement for filing an EDIR. Rather than follow this legally required standard, Toyota unilaterally decided to file EDIRs principally when Toyota was required to file distinct reports with California regulators under a less strict standard – a standard that EPA had rejected as too lenient when Toyota had previously proposed to rely on it for federal reporting. Toyota managers and staff in Japan repeatedly identified the discrepancy between Toyota’s procedures and the plain language of the federal requirements but failed to bring Toyota into compliance.
As a result of its conduct, Toyota deprived EPA of timely information regarding emission-related defects and recalls and avoided the early focus on emission defects contemplated by the regulations. Toyota’s conduct likely resulted in delayed or avoided recalls, with Toyota obtaining a significant economic benefit, pushing costs onto consumers, and lengthening the time that unrepaired vehicles with emission-related defects remained on the road.
Toyota admits, acknowledges, and accepts responsibility for what is included in the consent decree.
Between approximately 2005 and late 2015, Toyota routinely filed emission defect reports to EPA materially late and, in many cases, failed to file such reports at all until a self-disclosure of non-compliance in late 2015.
Representations to EPA
In March and May 2002, at EPA’s request, Toyota and EPA representatives met to discuss Toyota’s internal process for identifying whether 25 instances of a specific emission-related defect exist in vehicles or engines of the same model year, requiring an EDIR filing.
At a first meeting in March 2002, Toyota described its EDIR process in which Toyota would investigate whether it had 25 defects only upon receiving 25 “product reports” from its dealers, but would supplement that review by filing an EDIR upon receiving warranty claims for an emission-related part in 4 percent of Toyota’s California fleet (a threshold requiring a separate filing to state authorities under California law).
At the meeting, EPA rejected this EDIR process as not timely considering warranty claims, despite the incorporation of the 4 percent California trigger.
At a May 2002 meeting with EPA, Toyota presented its revised process. Under that process, Toyota would commence an investigation to determine whether an EDIR filing was required when it had received warranty claims for an emission-related part for 1 percent of relevant vehicles nationwide; when it received 500 such warranty claims regardless of the percentage; or when it received 25 similar early warning reports.
Toyota noted internally that EPA seemed pleased with this approach, which EPA had described as “more stringent than California.” In 2003, 2004, and 2005, as part of an annual review, Toyota submitted its May 2002 process in writing to EPA as an overview of its EDIR reporting program.
Toyota’s Conduct from Approximately 2005 to 2015
Without notifying EPA, in approximately 2005, Toyota stopped following the May 2002 EDIR process. In approximately 2005, Toyota began filing EDIRs primarily when filing the California reports triggered by the 4 percent threshold. Toyota also filed EDIRs in a small number of instances when it was otherwise filing VERRs with EPA.
From approximately 2005 to 2015, Toyota stopped making any independent determination of whether 25 defects existed requiring an EDIR filing. Multiple times during this period, Toyota staff charged with preparing EDIRs identified that the plain language of the EDIR regulations called for filing an EDIR upon the identification of 25 defects, but that Toyota was not doing so. These staff did not cause Toyota to change its practice.
As a result of this conduct, Toyota filed at least 69 EDIRs materially late. Thirty-nine of these were filed materially late in the ordinary course of Toyota’s business. In late 2015, Toyota self-disclosed another 30 that had not been filed at all. Some EDIRs were ultimately filed as many as eight years after they were due.
Beyond EDIRs, Toyota also failed during this period to file 20 VERRs required for emission-related recall campaigns that it conducted and failed to file more than two hundred Quarterly Reports related to such campaigns. Between 2005 and 2015, Toyota failed to provide its employees with adequate training, resources, or oversight to ensure that Toyota complied with its reporting obligations to EPA. As a result of Toyota’s conduct, EPA did not timely receive mandated information regarding emission-related defects and recalls.
Notice of the proposed consent decree will be published in the Federal Register and the public will have the opportunity to submit comments on the consent decree for a period of at least 30 days before it is submitted for the court’s approval.
To view the consent decree or to submit a comment, visit the Department of Justice website at: www.justice.gov/enrd/Consent_Decrees.html.
The Justice Department thanked the attorneys in EPA’s Air Enforcement Division, the program staff at EPA’s Office of Transportation and Air Quality, and the agents at EPA’s Criminal Investigative Division for their critical work on this case.
This case is being handled by the Environmental Protection Unit of the U.S. Attorney’s Office’s Civil Division. Senior Trial Attorney Keith Tashima with the Environment and Natural Resources Division’s Environmental Enforcement Section and Assistant U.S. Attorneys Robert William Yalen, Dominika Tarczynska, and Jennifer Jude of the Southern District of New York are prosecuting the case.
Three Individuals Indicted in January 2021 Federal Grand JuryRead the Press Release
MUSKOGEE, OKLAHOMA – United States Attorney Brian J. Kuester today announced the results of the January 2021 Federal Grand Jury. The grand jury returned 3 unsealed and 5 sealed indictments on crimes ranging from federal firearms offenses, robbery, sexual abuse, child exploitation, and murder in Indian country.
The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.
DERVIN WARD FOSTER
Assault Of An Intimate Partner And Dating Partner By Strangling, Suffocating, And Attempting To Strangle And Suffocate In Indian Country (2 Counts)
Assault Resulting In Substantial Bodily Injury To An Intimate Partner And Dating Partner In Indian Country (2 Counts)
Simple Assault Against A Victim Who Has Not Attained The Age Of Sixteen Years In Indian Country (Misdemeanor)Foster, 30, of Muskogee, is charged with assaulting his female partner on multiple occasions in 2019, causing substantial bodily injury by strangulation.
The Federal Bureau of Investigation is the primary investigative agency.
ANTHONY ROY SPAIN
Murder In Indian Country
Causing The Death Of A Person In The Course Of A Violation Of Title 18
Use, Brandish, Discharge, And Carry Of Firearm During And In Relation To A Crime Of ViolenceSpain, 36, of Okemah, is charged with brandishing and using a shotgun to kill Teresa Smith after a verbal altercation on or about January 5, 2019.
The Federal Bureau of Investigation is the primary investigative agency.
JAMES ALLEN FARROW
Abusive Sexual Contact With A Child In Indian Country
Farrow, 31, of Henryetta, is charged with having sexual contact with a minor, female child in December 2017.
The Federal Bureau of Investigation is the primary investigative agency.
Three Individuals Charged with Trafficking Migratory BirdsRead the Press Release
SAN JUAN, Puerto Rico – A federal grand jury charged three men with conspiracy to engage in the illicit trade of migratory birds; selling, offering to sell and bartering migratory birds (Migratory Bird Treaty Act); and wildlife trafficking (Lacey Act), announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. The defendants were arrested on January 13, 2021 by agents from the U.S. Fish and Wildlife Service, Office of Law Enforcement and the Department of Natural and Environmental Resources.
The defendants and charges are the following:
- Carlos David Flores Ríos, a.k.a. “Carlos Flores Ríos” is facing one count of conspiracy; five counts for selling, offering to sell, and bartering migratory birds, specifically short-eared owls (Asio flammeus); and one count for wildlife trafficking.
- Edgardo Marín Candelaria is facing one count of conspiracy and one count for wildlife trafficking. Marín Candelaria sold two short-eared owls while knowing the owls had been taken in violation of the Migratory Bird Act.
- Misael Cruz Rivera is facing one count for selling, offering to sell, and bartering migratory birds, specifically an American kestrel (Falco sparverius).
According to the indictment, the purpose of the conspiracy was for defendants to unjustly enrich themselves through the trafficking, taking, trapping, sale, and barter of migratory birds. The defendants and co-conspirators captured and possessed migratory birds; illegally held them in temporary housing; offered the birds for sale on private internet chat groups; sold the birds to local purchasers; negotiated the price of the birds, paid for, and received payments for the trafficking of migratory birds in Puerto Rico and elsewhere.
“The illegal trafficking of migratory birds represents a serious threat to our ecosystems,” said U.S. Attorney Muldrow. “I commend the U.S. Fish and Wildlife Service, Office of Law Enforcement and the Department of Natural and Environmental Resources for their investigation of this matter. The U.S. Attorney’s Office will continue to aggressively prosecute those individuals who engage in the illegal sale of protected wildlife.”
“The U.S. Fish and Wildlife Service Office of Law Enforcement actively pursues those who seek to profit from the illegal commercial exploitation of our natural resources. These criminal activities harm imperiled species and fragile ecosystems throughout Puerto Rico and the Caribbean. We will continue to work with our partners to bring those who purposefully ignore environmental laws to justice,” said Aurelia Skipwith, Director of the U.S. Fish and Wildlife Service.
“The sellers and possible buyers of these animals know that the Federal Authorities together with the Department of Natural and Environmental Resources (DNER) carry out investigations on the possession and sale of these species. It is illegal, they represent a threat to flora and fauna in Puerto Rico and what is most worrying, they could even represent a danger to people’s lives. We urge citizens not to sponsor these illicit businesses, either by owning or buying them,” stated the Secretary of Natural and Environmental Resources, Rafael Machargo.
Assistant U.S. Attorney Carmen M. Marquez Marín is in charge of the prosecution of the case. If convicted, the defendants could face a maximum term of imprisonment of five years and a maximum fine of $250,000 for the conspiracy to engage in the illicit trade of migratory birds and each Lacey Act charge; and up to two years’ imprisonment and a maximum fine of up to $250,000.00 for each Migratory Birds Act charge.
Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
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The Department of Justice Alleges Conditions at Cumberland County Jail Violate the ConstitutionRead the Press Release
Today, the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey concluded that there is reasonable cause to believe that the conditions at the Cumberland County Jail in Bridgeton, New Jersey, violate the Eighth and Fourteenth Amendments of the Constitution.
A Department of Justice investigation concluded that there is reasonable cause to believe that the Cumberland County Jail failed to take measures to prevent inmate suicides and provide adequate mental health care. The department alleged that these violations resulted from the Cumberland County Jail’s failure to screen for or provide adequate mental health treatment to inmates at risk of self-harm and suicide. Additionally, the department alleged that inmates faced a heightened risk of self-harm and suicide due to the jail’s failure to provide medication-assisted treatment, where clinically indicated, to inmates experiencing unmedicated opiate withdrawal. Although the Cumberland County Jail recently began providing medication-assisted treatment to inmates experiencing opiate withdrawal, the funding for such future treatment remains uncertain.
“Our investigation revealed that Cumberland County fails to provide adequate mental health care to inmates at risk of self-harm and suicide,” said Acting Assistant Attorney General for Civil Rights John B. Daukas. “We look forward to working with county officials to ensure that the jail provides constitutionally adequate care, including medication-assisted treatment for inmates experiencing unmedicated opiate withdrawal, when appropriate.”
“The opioid epidemic continues to afflict communities across the country,” said Acting U.S. Attorney Rachael A. Honig for the District of New Jersey. “By providing medication-assisted treatment to inmates experiencing opiate withdrawal, officials at jails and prisons can take significant steps to both combat that epidemic and protect the constitutional rights of incarcerated individuals. We have been encouraged by the cooperation of Cumberland County Jail officials throughout our investigation, and their stated commitment to ensure the safety and constitutional rights of their inmates. We look forward to continuing to work with them to resolve these significant concerns.”
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the facility with written notice of the supporting facts for these alleged violations and the minimum remedial measures necessary to address them.
The Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey initiated the investigation in June 2018 under CRIPA, which authorizes the department to take action to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt. Individuals who believe their civil rights may have been violated may file a complaint with the U.S Attorney’s Office at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint.
Syracuse Man Sentenced for Assaulting U.S. Postal EmployeeRead the Press Release
SYRACUSE, NEW YORK – Daniel J. Trammell, age 58, of Syracuse, was sentenced yesterday to serve 30 months in prison for assaulting a United States Postal Service employee, announced Acting United States Attorney Antoinette T. Bacon and Joseph Cronin, Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service.
As party of his previous guilty plea, Trammell admitted that on April 21, 2020, he assaulted a letter carrier while the carrier was delivering mail. Trammell caused two cuts to the victim’s neck.
In addition to his term of imprisonment, the court also sentenced Trammell to 3 years of supervised release.
This case was investigated by the U.S. Postal Inspection Service and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Thomas Sutcliffe.
Sioux Falls Man and Woman Sentenced on Gun ChargesRead the Press Release
United States Attorney Ron Parsons announced that two Sioux Falls, South Dakota, residents were sentenced on December 28, 2020, by U.S. District Judge Karen E. Schreier.
David Charles Peters, age 41, convicted of Possession of a Firearm by a Prohibited Person and Possession of a Firearm by a Person Convicted of a Misdemeanor Crime of Domestic Violence, was sentenced to 40 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Molly Lynn Lorang, age 51, convicted of Transfer of a Firearm to a Prohibited Person, was sentenced to two years of probation and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Peters and Lorang were indicted by a federal grand jury on January 7, 2020. Both pled guilty on October 9, 2020.
The conviction stemmed from an incident on October 6, 2019, when a rural Minnehaha County landowner confronted Peters and Lorang about trespassing on his property. Peters retrieved a pump shotgun from his vehicle and racked the chamber to intimidate the landowner. After words were exchanged, Peters and Lorang drove their vehicle towards the landowner before swerving to miss him. After receiving the report, the Minnehaha County Sheriff’s Office found two firearms in Lorang’s possession: a pump shotgun and a handgun.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice's signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department's past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was investigated by the Minnehaha County Sheriff’s Office, the Sioux Falls Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Peters has been allowed to self-surrender to the U.S. Marshals Service by February 16, 2021.
Sioux Falls Man Sentenced for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 11, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Reno Chadwick Roubideaux, age 46, was sentenced to 18 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Roubideaux was indicted by a federal grand jury on October 14, 2020. He pled guilty on November 5, 2020.
Roubideaux was convicted of Aggravated Sexual Abuse of a Minor in June 1994. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. Between August 8, 2020, and September 14, 2020, Roubideaux failed to register and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Roubideaux was immediately turned over to the custody of the U.S. Marshals Service.
Serial Fraudster from Orlando Sentenced to More Than Six Years in Federal PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Jermica Jerri Dominick Brooks (37, Orlando) a/k/a “Jermica Jerri Dominick Sykes” to six years and nine months in federal prison for two separate wire fraud schemes and aggravated identity theft. The court also ordered Brooks to forfeit more than $25,000, which is traceable to benefits she had received as a result of the offenses.
Brooks had pleaded guilty on November 12, 2020.
According to court documents, following Hurricane Irma in 2017, Brooks used stolen identities to file five applications for disaster assistance from the Federal Emergency Management Agency (FEMA). Brooks had obtained the personally identifiable information of certain victims during the course of her employment at a local plumbing business, where she worked as an office manager in or about 2016. Brooks obtained other stolen identities by purchasing the information through illicit channels. At sentencing, a victim informed the Court that she was unable to obtain FEMA assistance following Hurricane Irma because Brooks had already filed a fraudulent application in her name.
In a separate scheme, from January through May 2018, Brooks applied for and obtained 10 apartment leases in the names of identity theft victims. She used unauthorized or nonexistent financial account information to make it appear that her application and initial rent payments were legitimate, and feigned personal emergencies to secure occupancy in the leased apartments before those electronic payments were returned or rejected. Those leases resulted in a series of evictions in the names of Brooks’s victims. According to victims’ statements provided to the Court at sentencing, Brooks’s repeated use of their identities resulted in significant hardships surrounding their efforts to secure credit, housing, and car loans.
This case was investigated by the Department of Homeland Security – Office of the Inspector General, the Orlando Police Department, the Casselberry Police Department, the Orange County Sheriff’s Office, and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.
Rosebud Man Indicted on Murder, Firearm, and Evidence Tampering ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder, Discharge of a Firearm During a Crime of Violence, and Tampering With Evidence.
Tanyan Wakita Iron, a/k/a Sonny Iron, age 18, was indicted on September 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 7, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is any term of years up to life in federal prison and/or a $250,000 fine, five years of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 9, 2020, in St. Francis, South Dakota, Iron murdered a woman by shooting her in the head with a handgun. The Indictment further alleges that Iron attempted to hide the handgun from investigators following the fatal shooting.
The charges are merely accusations and Iron is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Mike Elmore is prosecuting the case.
Iron was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Retired Pennsylvania Fire Fighter is Arrested and Criminally Charged for Actions at the U.S. CapitolRead the Press Release
WASHINGTON, D.C. –A retired Pennsylvania firefighter was charged yesterday and arrested today in Pennsylvania in connection with the riots at the U.S. Capitol last week.
Robert Sanford, 55, of Boothwyn, PA, was charged by criminal complaint with knowingly entering or remaining in any restricted building or grounds without lawful authority, disorderly or disruptive conduct on capitol grounds, civil disorder, and assaulting, resisting, or impeding certain officers while engaged in the performance of official duties.
It is alleged that during the events at the U.S. Capitol, Sanford struck three U.S. Capitol Police (USCP) officers with a fire extinguisher. A video, recorded by an individual who was present in the crowd, captures when a man throws what appears to be a fire extinguisher at a group of USCP officers protecting the lower west terrace of the Capitol.
The fire extinguisher struck one officer, who was wearing a helmet, in the head; then, the fire extinguisher ricochets striking a second officer, who was not wearing a helmet, in the head; and ricochets a third time and strikes a third officer, wearing a helmet, in the head. After throwing the fire extinguisher at USCP, Sanford leaves the area in the opposite direction. Federal authorities were able to identify Sanford, after receiving a tip on January 12.
This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Counterterrorism Section of the DOJ’s National Security Division, with assistance from the U.S. Attorney’s Office for the Eastern District of Pennsylvania. The cases are being investigated by the FBI’s Washington Field Office and the United States Capitol Police.
The information contained in the charging documents are merely allegations. The defendants are presumed innocent until proven guilty.
The ATF and FBI continue to urge the public to report suspected use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected] or submit information anonymously via ReportIt.com.
The FBI is looking for individuals who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at fbi.gov/USCapitol.
Rapid City Man Sentenced for Third Failure to Register as Sex Offender ConvictionRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 11, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Joseph Blue Bird, age 33, was sentenced to 21 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Blue Bird was indicted by a federal grand jury on August 11, 2020. He pled guilty on November 6, 2020.
Blue Bird was convicted of Abusive Sexual Contact in February 2014. As a result of this conviction, he is required to register as a sex offender. Blue Bird was convicted of Failure to Register as a Sex Offender in 2017, and again in 2018. On March 6, 2020, Blue Bird was released from custody to begin a period of supervised release but did not subsequently update his sex offender registration. An arrest warrant was subsequently issued and on May 6, 2020, Blue Bird was arrested in Mobridge, South Dakota.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Blue Bird was immediately turned over to the custody of the U.S. Marshals Service.
Rancho San Pedro Gang Leader Sentenced to 10 Years in Federal Prison for Role in Heroin, Oxycodone Trafficking OperationRead the Press Release
LOS ANGELES – A Rancho San Pedro street gang member who oversaw the group’s daily operations, arranged sales of oxycodone and heroin, and reported to incarcerated Mexican Mafia members about the gang’s activities, was sentenced today to 120 months in federal prison.
Robert “Stretch” Messersmith, 34, of San Pedro, was sentenced by United States District Judge Stephen V. Wilson. Messersmith pleaded guilty in September 2020 to one count of conspiracy to distribute and possess with intent to distribute controlled substances.
The Rancho San Pedro street gang operates in the San Pedro area of the City of Los Angeles, according to court documents. It operates under the control of the Mexican Mafia and often engages in violence and intimidation to protect its territory. The gang collects “taxes” from drug transactions, and this money was funneled to three Mexican Mafia members who are currently serving lengthy sentences in state prisons for murder convictions.
In furtherance of the conspiracy, from August 2017 to May 2018, Messersmith sold dozens of oxycodone pills, discussed and arranged the sale of heroin and methamphetamine, and planned the smuggling of heroin and other narcotics into a prison. During one recorded telephone conversation in May 2018, Messersmith discussed a recent successful narcotics transaction, stating, “That’s a touchdown like Peyton Manning.”
Messersmith is the lead defendant in a 26-count federal grand jury indictment returned in June 2019 that alleges various narcotics and firearms offenses were committed by 13 Rancho San Pedro members and associates. The indictment’s remaining defendants are scheduled to go to trial on April 27.
This matter was investigated by the Drug Enforcement Administration and the Los Angeles Police Department. The Bureau of Alcohol, Tobacco, Firearms, and Explosives provided substantial assistance.
This case is being prosecuted by Assistant United States Attorney Joseph D. Axelrad of the Violent and Organized Crime Section.
Robert Massey, Owner of Oil Chem, INC., Pleads Guilty to Violating the Clean Water Act in Connection with Discharges of Landfill Leachate to Flint Sewer SystemRead the Press Release
FLINT – Robert J. Massey, the president and owner of Oil Chem, Inc., pleaded guilty in federal court in Flint, Michigan, to a criminal charge of violating the Clean Water Act stemming from illegal discharges of landfill leachate—totaling more than forty-seven million gallons—into the City of Flint sanitary sewer system over an eight and one-half year period, the Justice Department announced.
Oil Chem, located in Flint, processed and discharged industrial wastewaters to Flint’s sewer system. The company held a permit issued by the City of Flint under the auspices of the Clean Water Act, which allowed it to discharge certain industrial wastes within permit limitations. The City’s sanitary sewers flow to its municipal wastewater treatment plant, where treatment takes place before the wastewater is discharged to the Flint River. The treatment plant’s discharge point for the treated wastewater was downstream of the location where drinking water was taken from the Flint River in 2014 to 2015.
According to an agreed upon factual statement in the plea agreement filed in federal court, Oil Chem’s permit prohibited the discharge of landfill leachate waste. Landfill leachate is formed when water filters downward through a landfill, picking up dissolved materials from decomposing trash. Massey signed and certified Oil Chem’s 2008 permit application, and did not disclose that his company had been and planned to continue to receive landfill leachate, which it discharged to the sewers untreated. Nor did Massey disclose to the City when Oil Chem started to discharge this new waste stream, which the permit also required. Massey directed employees of Oil Chem to begin discharging the leachate at the close of business each day, which allowed the waste to flow from a storage tank to the sanitary sewer overnight.
From January 2007 through October 2015, Massey arranged for Oil Chem to receive approximately 47,824,293 gallons of landfill leachate from eight different landfills located in Michigan. One of the landfills was found to have polychlorinated biphenyls (PCBs) in its leachate. PCBs are known to be hazardous to human health and the environment.
The charges carry penalties of up to three years in prison and a fine of up to $5,000 - $50,000 per day of violation. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders. Sentencing is scheduled for May 14, 2021 at 11am.
“The Clean Water Act is our Nation’s law for protecting the quality of the waters of the United States, and the health of people who rely on those waters. The criminal conduct here violated the Act and Oil Chem’s permit,” said Jonathan D. Brightbill, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Robert Massey ignored clear legal prohibitions and requirements in the interest of generating more revenue for his company. He knew better and should have done better. The outcome of this case will deter others, and hopefully chart a new course for this company.”
“Protecting Michigan’s water is one of the most important and sacred things we can do,” stated United States Attorney Matthew Schneider. “The actions of the defendant were done with total disregard for the Flint River and the environment. Fortunately for the people of Flint, these contaminants did not end up in their drinking water, because the discharge point was several miles downstream of the drinking water intake. This case should stand as a warning to other businesses that they will face criminal charges for this kind of pollution.”
“The defendant knowingly ordered the discharge of over 40 million gallons of landfill wastewater, ultimately to the Flint River, putting the environment at risk,” said Special Agent in Charge Jennifer Lynn of EPA’s Criminal Investigation Division in Michigan. “Today’s plea demonstrates that anyone who intentionally violates the law will be held responsible for their actions.”
“We are very happy with the cooperation and partnership with the EPA and the U.S. Attorney’s Office,” stated Lt. Vence Woods, Michigan Department of Natural Resources Law Enforcement Division; Environmental Investigation Section.
Principal Deputy Assistant Attorney General Jonathan Brightbill and U.S. Attorney Matthew Schneider thanked the U.S. Environmental Protection Agency’s Criminal Investigation Division as well as the Michigan Department of Natural Resources-Law Enforcement Division-Environmental Investigations Section (“MDNR-EIS”), and Coast Guard Investigative Service (“CGIS”) for their work in this investigation.
The case is being prosecuted by Assistant U.S. Attorneys Ann Nee and Jules DePorre of the U.S. Attorney’s Office for the Eastern District of Michigan and Senior Counsel Kris Dighe of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Port Townsend, Washington, man who abandoned overdose victim in car outside hospital emergency room sentenced to federal prison for drug and gun crimesRead the Press Release
Tacoma - A Port Townsend, Washington, man who abandoned a heroin overdose victim in a car outside a hospital emergency room was sentenced today in U.S. District Court in Tacoma to a total of 66 months in prison for drug trafficking and illegal firearms possession charges, announced U.S. Attorney Brian T. Moran. ADAM MICHAEL KELLY, 38, pleaded guilty in August 2020 to possession of controlled substances with intent to distribute and being a drug user in possession of firearms. At the sentencing hearing, U.S. District Judge Benjamin H. Settle noted the letters he had received from the Port Townsend community mourning the loss of the victim. Judge Settle said KELLY would have to “live with” the fact that he had likely played a role in the tragic death of the overdose victim “for the rest of [Kelly’s] life.”
According to the facts in the plea agreement, on March 27, 2019, KELLY and his then-girlfriend abandoned a 43-year-old overdose victim in a car outside the hospital emergency room. They later called the hospital asking staff to check on the victim. The victim, who had no pulse when he was found by hospital staff, died within twenty minutes. Law enforcement traced the phone call to KELLY’s residence. When questioned by police, KELLY admitted that the victim had used drugs in his home, that the victim became unresponsive, and that KELLY had left him at the emergency room entrance when he could not revive him.
Police obtained a search warrant for KELLY’s home and found a sophisticated drug lab in the basement with pill presses, lab equipment, vent hoods, and over 75 pounds of Schedule III controlled substances, primarily steroids. Records seized at the lab indicate KELLY had a lucrative business selling and shipping illegal steroids across the country. The victim had become unresponsive in KELLY’s drug lab.
In addition to the drug lab, KELLY had a wide variety of firearms, silencers, and tactical gear. In the lab, KELLY had a.40 caliber Glock that was both loaded and fitted with a silencer. In his bedroom, he had six guns, including two Glock handguns, a Bersa .22 caliber, a Winchester shotgun, a Remington 700, and a Bushmaster AR-15. A second silencer was found in the bedroom. Law enforcement seized a variety of ammunition, as well as a tactical vest.
As an admitted drug user, it is illegal for KELLY to possess firearms. When KELLY was arrested, he had both heroin and methamphetamine in his possession.
KELLY is currently serving a 68-month state sentence for controlled substance homicide, a charge arising out of this same investigation and based on the overdose victim’s death. KELLY’s sentence in this case, including the recommendation that the sentence run concurrent to the state sentence, was jointly recommended by the parties to resolve globally KELLY’s state and federal charges. The judgment for a 44-month federal sentence that Judge Settle imposed is in addition to and reflects the 22 months KELLY has already served in state and federal custody on these and related state charges, for a total effective sentence of 66 months.
If KELLY completes his state sentence first, he will then be transferred to federal custody to serve the federal time. KELLY has been in custody since his arrest on March 28, 2019.
The case was investigated by the Port Townsend Police Department, Jefferson County Sheriff’s Office, and Federal Bureau of Investigation, with assistance from other local and federal law enforcement agencies.
The case was prosecuted by Assistant United States Attorney William Dreher.
Pierre Man Sentenced for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 11, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Sandy Mangelson, age 34, was sentenced to time served through April 12, 2021, equal to approximately 13 months in custody, five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Mangelson was indicted by a federal grand jury on September 1, 2020. He pled guilty on November 5, 2020.
Mangelson was convicted of Sexual Contact With a Child Under Sixteen in November 2005 and Gross Sexual Imposition (with a child) in 2007. As a result of those convictions, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. Between December 5, 2019, and December 10, 2019, Mangelson failed to register and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Mangelson was immediately turned over to the custody of the U.S. Marshals Service.
Pharmacy Owner’s Son Admits Role in $24.8 Million Kickback Scheme and $9 Million Conspiracy to Defraud IRSRead the Press Release
TRENTON, N.J. – The son of a former a co-owner of a Union City, New Jersey, pharmacy today admitted his role in multimillion-dollar conspiracies to pay kickbacks and bribes to health care professionals and to defraud the IRS, Acting U.S. Attorney Rachael A. Honig announced.
Alex Fleyshmakher, 34, of Morganville, New Jersey, pleaded guilty by videoconference before U.S. District Judge Michael A. Shipp to a superseding information charging him with conspiring to violate the federal anti-kickback statute and conspiring to defraud the IRS.
The superseding information alleges that Fleyshmakher conspired to solicit and pay kickbacks with seven other individuals, three of whom were previously charged with him by superseding indictment: Samuel “Sam” Khaimov and Yana Shtindler, both of Glen Head, New York; and Ruben Sevumyants, of Marlboro, New Jersey. Fleyhsmakher is the first of these four codefendants to plead guilty.
His other alleged conspirators in the kickback scheme included his father, Igor Fleyshmakher, of Holmdel, New Jersey, who previously pleaded guilty for his role in the conspiracy; and Eduard “Eddy” Shtindler, of Paramus, New Jersey, who previously pleaded guilty in a related kickback conspiracy. Their respective sentencings are pending.
According to documents filed in this case and statements made in court:
Prime Aid Pharmacies – now closed – operated out of locations in Union City and Bronx, New York, as “specialty pharmacies,” which processed expensive medications used to treat various conditions, including Hepatitis C, Crohn’s disease, and rheumatoid arthritis. Alex Fleyshmakher worked at Prime Aid Union City and was an on-paper owner of Prime Aid Bronx. Igor Fleyshmakher, was a co-owner of Prime Aid Union City. Khaimov was the other co-owner of Prime Aid Union City and the lead pharmacist of Prime Aid Bronx. Khaimov’s wife, Yana Shtindler, was Prime Aid Union City’s administrator, and Sevumyants was Prime Aid Union City’s operations manager. Eddy Shtindler, Yana Shtindler’s brother, was a Prime Aid Union City employee.
In order to obtain a higher volume of prescriptions, Khaimov, Yana Shtindler, Igor Fleyshmakher, Alex Fleyshmakher, Sevumyants, Eddy Shtindler, and other Prime Aid employees paid kickbacks and bribes to doctors and doctors’ employees to induce doctors’ offices to steer prescriptions to the Prime Aid Pharmacies. From 2008 to August 2017, these bribes included expensive meals, designer bags, and payments by cash, check, and wire transfers. The bribes and kickbacks were paid to, among others, doctors and doctors’ employees in New Jersey and New York. The prescriptions that just one of those New Jersey medical practices steered to Prime Aid Union City as part of the scheme resulted in Medicare and Medicaid payments to Prime Aid Union City of approximately $24.8 million.
From 2011 to August 2018, Alex Fleyshmakher, working with others, surreptitiously took insurance reimbursement checks totaling millions of dollars from the Prime Aid Pharmacies. Aided by his conspirators, Alex Fleyshmakher then cashed the checks at Brooklyn check cashing businesses or diverted them through Canadian bank accounts back into U.S. accounts that he owned and controlled. He concealed these funds and failed to report them on his personal income tax returns, resulting in a $9.1 million tax loss to the IRS.
The conspiracy and tax evasion charges to which Alex Fleyshmakher pleaded guilty each carries a maximum penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for May 27, 2021.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark; special agents of the Department of Health and Human Services-Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; and the N.J. Office of the State Comptroller, under the direction of Acting Comptroller Kevin D. Walsh, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Joshua L. Haber of the Health Care Fraud Unit of the U.S. Attorney’s Office in Newark.
The charges against and allegations in the information pertaining to Khaimov, Yana Shtindler, and Sevumyants are merely accusations, and those three defendants are presumed innocent unless and until proven guilty.
Pasco County Man, Whose Victims Included Children and Foreign Nationals, Indicted on Federal Human Trafficking ChargesRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging David Alan Quarles (49, Odessa) with conspiracy; sex trafficking by force, threats, fraud, or coercion; importation of an alien for the purpose of prostitution; transportation of an individual in interstate commerce for the purpose of prostitution; and using a facility of interstate commerce in aid of prostitution. If convicted on all counts, Quarles faces a maximum penalty of life in federal prison. The indictment also notifies Quarles that the United States intends to forfeit assets alleged to have facilitated these offenses or that are traceable to proceeds of the offenses.
According to the
indictment , Quarles and his conspirators recruited victims, some of whom were children or foreign nationals, to engage in prostitution. Quarles used violent, fraudulent, or otherwise coercive tactics—including physical violence, sexual assault, threats of violence, and misrepresenting the nature of their employment before the victims began working—to recruit victims or keep the victims engaged in prostitution. Quarles and his conspirators allegedly directed these victims to engage in prostitution, posted advertisements featuring these victims, and arranged for the victims to travel across the United States to work. Quarles required his victims to send him the money that they had earned or seek his permission to spend funds on necessities.An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Homeland Security Investigations and the U.S. Coast Guard Investigative Service. It will be prosecuted by Assistant United States Attorney Colin McDonell.
Owner of Oil Chem Inc. Pleads Guilty to Violating the Clean Water ActRead the Press Release
The president and owner of Oil Chem Inc. pleaded guilty in federal court in Flint, Michigan, to a criminal charge of violating the Clean Water Act stemming from illegal discharges of landfill leachate — totaling more than 47 million gallons — into the city of Flint sanitary sewer system over an eight and a half year period.
Robert J. Massey, 69, of Brighton, Michigan, pleaded guilty today before U.S. District Judge Stephanie Dawkins Davis in the Eastern District of Michigan. Sentencing has been scheduled for May 14.
Oil Chem, located in Flint, processed and discharged industrial wastewaters to Flint’s sewer system. The company held a permit issued by the city of Flint under the auspices of the Clean Water Act, which allowed it to discharge certain industrial wastes within permit limitations. The city’s sanitary sewers flow to its municipal wastewater treatment plant, where treatment takes place before the wastewater is discharged to the Flint River. The treatment plant’s discharge point for the treated wastewater was downstream of the location where drinking water was taken from the Flint River in 2014 to 2015.
According to an agreed upon factual statement in the plea agreement filed in federal court, Oil Chem’s permit prohibited the discharge of landfill leachate waste. Landfill leachate is formed when water filters downward through a landfill, picking up dissolved materials from decomposing trash. Massey signed and certified Oil Chem’s 2008 permit application and did not disclose that his company had been and planned to continue to receive landfill leachate, which it discharged to the sewers untreated. Nor did Massey disclose to the city when Oil Chem started to discharge this new waste stream, which the permit also required. Massey directed employees of Oil Chem to begin discharging the leachate at the close of business each day, which allowed the waste to flow from a storage tank to the sanitary sewer overnight.
From January 2007 through October 2015, Massey arranged for Oil Chem to receive approximately 47,824,293 gallons of landfill leachate from eight different landfills located in Michigan. One of the landfills was found to have polychlorinated biphenyls (PCBs) in its leachate. PCBs are known to be hazardous to human health and the environment.
“The Clean Water Act is our Nation’s law for protecting the quality of the waters of the United States, and the health of people who rely on those waters. The criminal conduct here violated the Act and Oil Chem’s permit,” said Jonathan D. Brightbill, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Robert Massey ignored clear legal prohibitions and requirements in the interest of generating more revenue for his company. He knew better and should have done better. The outcome of this case will deter others, and hopefully chart a new course for this company.”
“Protecting Michigan’s water is one of the most important and sacred things we can do,” said Attorney Matthew Schneider, U.S. Attorney for the Eastern District of Michigan. “The actions of the defendant were done with total disregard for the Flint River and the environment. Fortunately for the people of Flint, these contaminants did not end up in their drinking water, because the discharge point was several miles downstream of the drinking water intake. This case should stand as a warning to other businesses that they will face criminal charges for this kind of pollution.”
“The defendant knowingly ordered the discharge of over 40 million gallons of landfill wastewater, ultimately to the Flint River, putting the environment at risk,” said Jennifer Lynn, special agent in charge of EPA’s Criminal Investigation Division in Michigan. “Today’s plea demonstrates that anyone who intentionally violates the law will be held responsible for their actions.”
The Justice Department thanked the EPA’s Investigation Division as well as the Michigan Department of Natural Resources-Law Enforcement Division-Environmental Investigations Section, and Coast Guard Investigative Service for their work in this investigation.
The case is being prosecuted by Senior Counsel Kris Dighe of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorneys Ann Nee and Jules DePorre of the U.S. Attorney’s Office for the Eastern District of Michigan.
Old Forge Couple Charged with Tax Evasion for Concealing over $550,000 from the IRSRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Lynne Mineo, age 72, and Richard Mineo, age 67, both of Old Forge, Pennsylvania, were charged in a criminal information with tax evasion.
According to Acting United States Bruce D. Brandler, the information alleges that the Mineos, who are husband and wife, failed to report a total of $550,469.92 in income between tax years 2014 ($145,205), 2015 ($169,346), 2016 ($153,749), and 2017 ($82,168). The income was for the Mineos’ business, a beer retail store called Mineo’s Brewer’s Outlet, located in Dunmore, Pennsylvania.
The case was investigated by the Internal Revenue Service’s Criminal Investigation Division. Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Ohio Man Pleads Guilty to Wire Fraud SchemeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that Ricky V. McLaughlin, 63, of Belpre, Ohio, pled guilty to wire fraud. McLaughlin faces up to 20 years in prison when sentenced on March 17, 2021.
“What a fraudster,” said United States Attorney Mike Stuart. “For more than four years, McLaughlin defrauded multiple customers of a significant amount of money. If not for the efforts of the Parkersburg Police Department, McLaughlin probably still would be ripping off classic car lovers.”
McLaughlin operated the McLaughlin Motor Car Museum located in Parkersburg. McLaughlin sold collector cars, including various Pontiac Trans Am classic cars to individuals, and customers would send their collector cars to McLaughlin for restoration. Sometimes customers would buy collector cars from McLaughlin and the Motor Car Museum and then ask him to resell these collector cars at a later date on consignment. McLaughlin admitted that for more than four years, he stole money and defrauded multiple customers through a wire fraud scheme. As part of his fraud activities, McLaughlin admitted he would sometimes sell individuals various Pontiac Trans Am classic cars, but refused to provide the customers with either the titles to the vehicles or the vehicles themselves. At other times, McLaughlin would sell the same Pontiac Trans Am to multiple customers or sell Pontiac Trans Am cars on consignment, but refused to remit the sale proceeds of the collector cars to the car owners.
Throughout his scheme, McLaughlin defrauded multiple individuals of hundreds of thousands of dollars. As part of his plea agreement, he agreed to pay at least $150,000 in restitution.
The Parkersburg Police Department conducted the investigation. United States District Court Irene Berger presided over the plea hearing. Assistant United States Attorney Kathleen Robeson is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00182.
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Oakland Man Sentenced for Possessing Fentanyl and Fentanyl AnaloguesRead the Press Release
PITTSBURGH - A resident of Pittsburgh, PA, has been sentenced in federal court to six years’ (72 months’) imprisonment on his conviction of possession with intent to distribute fentanyl and a fentanyl analogue, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on William Lewis, age 31.
According to information presented to the court, on August 5, 2017, officers with the Pittsburgh Bureau of Police executed a search warrant at the defendant’s residence in the Oakland neighborhood of Pittsburgh. Inside of the home, officers found a 56 grams of cyclopropyl fentanyl, an analogue of fentanyl, 225 stamp bags of packaged cyclopropyl fentanyl, stamped "Ferrari," and 19 stamp bags of fentanyl, along with drug packaging materials.
Prior to imposing sentence, Judge Cercone stated that the sentence was sufficient but not greater than necessary to achieve the goals of sentencing.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
United States Attorney Brady commended the Department of Homeland Security Investigations, the United States Postal Inspection Service and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Lewis.
Milford Man Sentenced to 82 Months for Bank RobberyRead the Press Release
CONCORD - Seamus Murphy, 38, formerly of Milford, was sentenced to 82 months for bank robbery, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on January 8, 2020, Murphy entered the People’s United Bank in Derry and gave a note to the teller, indicating he had a gun and demanding money. The teller gave him $712 from the drawer. Police arrived on scene and saw Murphy running toward a nearby fast food store where they encountered him and recovered the $712. Murphy was on federal supervised release at the time of the robbery.
Murphy previously pleaded guilty on October 6, 2020.
“Bank robberies are serious violent crimes that can jeopardize public safety and traumatize victims,” said U.S. Attorney Murray. “I am grateful for the fast response of the Derry Police Department and the hard work of the FBI. Their efforts allowed us to protect the public and get this dangerous criminal off the streets.”
"This is not Seamus Murphy’s first robbery. When given a chance at rehabilitation, to do better and be better, he chose recidivism instead, and terrorized employees of a second bank by threatening to start shooting if his demands weren’t met,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “New Hampshire is safer with him behind bars, and we thank our law enforcement partners on the Derry Police Department for helping us hold this reckless criminal accountable.”
This matter was investigated by the Federal Bureau of Investigation with assistance from the Derry Police Department. The case was prosecuted by Assistant U.S. Attorney Georgiana L. MacDonald.
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Michigan Man Indicted for Multi-Million Dollar N95 and N99 Mask FraudRead the Press Release
SAN FRANCISCO – The United States Attorney’s Office for the Northern District of California filed an indictment charging defendant Rodney L. Stevenson II with wire fraud, mail fraud, and money laundering for his operation of an e-commerce site that claimed to have N95 masks for sale during the current COVID-19 epidemic, announced United States Attorney David L. Anderson, U.S. Postal Inspector in Charge Rafael E. Nuñez, and Federal Bureau of Investigation Special Agent in Charge Craig Fair. Stevenson was previously arrested and charged via criminal complaint.
According to the indictment, Stevenson operated EM General, a Michigan limited liability company created in September 2019, which purported to sell N95 masks with N99 filters. At the onset of the COVID-19 pandemic in February 2020, EM General and its website, controlled by Stevenson, advertised that it had N95 masks “in stock” and available for shipping. EM General sold many of these masks for as much as $24.95 each. Also according to the indictment, to bolster the legitimacy of EM General, Stevenson created a professional-looking website that included the names, backstories, and stock photographs of a group of fake EM General executives. It also falsely described how long the company had been in business, its sales volume, and its reputation. Stevenson also used fictitious names in emails to customers.
The indictment alleges that, as the pandemic worsened and demand for N95 masks increased dramatically, EM General’s sales skyrocketed. EM General’s total sales from approximately on or about February 11, 2020, to approximately on or about March 8, 2020, were approximately $3,500,000 involving over 25,000 customers, the vast majority of which were sales of N95 masks that were never delivered to customers. This amount included over $900,000 in sales on February 28, 2020, alone.
According to the indictment, Stevenson and EM General delivered almost none of the masks. Instead, when customers complained and asked for refunds, Stevenson, at times communicating with Gmail accounts he created under the names of fake identities, generally refused to refund customers and instead offered a series of lies to fraudulently prolong his scheme while he continued selling masks. These lies included that EM General could not offer refunds because it had already paid for the customer’s order from a manufacturer, that products would ship soon, and that customers would receive tracking orders soon. For a small number of customers, Stevenson eventually fraudulently substituted masks that did not meet the standards set by the National Institutes of Occupational Safety and Health for N95 or N99 masks, meaning that they did not filter out 95 or 99 percent of particulate matter from the air.
Stevenson is charged with nine counts of wire fraud, in violation of 21 U.S.C. § 1343; one count of mail fraud, in violation of 18 U.S.C. § 1341; five count of laundering of monetary instruments, in violation of 18 U.S.C. § 1956(a)(1)(A)(i); and one count of money laundering, in violation of 18 U.S.C. § 1957.
An indictment merely alleges that crimes have been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of 20 years of prison, 5 years of probation, and a fine of $250,000 for each count of wire fraud or mail fraud, and a maximum sentence of 10 years of prison, 3 years of probation, and a fine of $250,000 for each count of laundering of monetary instruments or money laundering. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Stevenson was charged by criminal complaint with one count of wire fraud on April 22, 2020. He is currently scheduled for arraignment on the indictment on January 15, 2021, before Alex Tse, U.S. Magistrate Judge.
The case is being prosecuted by the Special Prosecutions Section the United States Attorney’s Office for the Northern District of California.
Manchester Man Sentenced to 5 Years in Federal Prison for Dealing FentanylRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MIKE CRUZ, also known as Mike Flores and “Mega,” 31, of Manchester, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 60 months of imprisonment, followed by four years of supervised release, for distributing fentanyl. Judge Meyer also ordered Cruz to pay a $10,000 fine.
According to court documents and statements made in court, in January 2020, law enforcement received information that Cruz was distributing large quantities of narcotics from his Manchester apartment. On February 18, 2020, investigators conducted a controlled purchase of approximately 50 grams of fentanyl from Cruz.
Cruz was arrested on a federal criminal complaint in Manchester on February 27, 2020. At the time of his arrest he possessed approximately 100 grams of compressed fentanyl. On that date, a search of his vehicle also revealed approximately 2,000 dose bags of fentanyl and other substances, and a search of his residence revealed $29,408 in cash.
In total, Cruz was responsible for distributing or possessing with the intent to distribute approximately 245 grams of fentanyl within a one-month period.
Cruz has been detained since his arrest. On September 23, 2020, he pleaded guilty to one count of possession with intent to distribute 40 grams or more of fentanyl.
Judge Meyer ordered Cruz to forfeit the cash seized on February 27, 2020.
This matter was investigated by the Drug Enforcement Administration’s Hartford Task Force, which includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments. The case was prosecuted by Assistant U.S. Attorney Margaret M. Donovan.
Man Pleads Guilty to Felon in Possession of a FirearmRead the Press Release
A man pleaded guilty today to being a felon in possession of a firearm, announced U.S. Attorney Trent Shores.
Thomas Jason Smith, 40, pleaded guilty this morning before Chief U.S. District Judge John E. Dowdell. Smith is a member of the Muscogee (Creek) Nation. His sentencing is set for April 14, 2021.
According to court documents, Smith was picked up by a friend in a stolen vehicle and taken to a hotel where they met up with several others. Tulsa Police Officers located the stolen vehicle at the hotel, observed several individuals exit the vehicle and enter a room, and then made contact with the group. In the hotel room, narcotics and multiple firearms were found. After a search of the stolen vehicle, officers discovered a .12 gauge shotgun in the back seat. In his plea agreement, Smith admitted that on August 8, 2020 he knowingly possessed a Tri-Star .12 gauge semi-automatic shotgun. He stated that he knew that his possession of the firearm was prohibited due to his criminal history.
“A stolen vehicle, illicit drugs, and guns are never a good combination, especially when those guns are possessed by a convicted felon,” said U.S. Attorney Trent Shores. “Thanks to some great police work, Thomas Smith was caught in the midst of a number of crimes. Following a thorough investigation by the FBI and Tulsa Police, Thomas Smith admitted his guilt and accepted responsibility for his actions. This is another success story for our 2150 Initiative as we removed more illegally possessed guns from the street.”
The FBI and the Tulsa Police Department conducted the investigation. Assistant U.S. Attorneys Cymetra M. Williams and Jeffrey A. Gallant are prosecuting the case.
The 2150 Initiative is a collaborative effort between the U.S. Attorney’s Office for the Northern District of Oklahoma, Tulsa Police Department, ATF, and all other local, state, tribal and federal law enforcement partners to combat violent crime by focusing efforts on prohibited persons in possession of firearms as well as those responsible as the “source” of the firearms to prohibited persons. The initiative was named in memory of Tulsa Police Sergeant Craig Johnson. Sgt. Johnson’s badge number, 2150, was selected for the initiative as a way to honor his life and his commitment to the Tulsa community. This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.
MS-13’s Highest-Ranking Leaders Charged with Terrorism Offenses in the United StatesRead the Press Release
Earlier today, an indictment was unsealed in Central Islip, New York charging 14 of the world’s highest-ranking MS-13 leaders who are known today as the Ranfla Nacional, which operated as the Organization’s Board of Directors, and directed MS-13’s violence and criminal activity around the world for almost two decades.
Specifically, the indictment charges the defendants with conspiracy to provide and conceal material support to terrorists, conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to finance terrorism and narco-terrorism conspiracy in connection with the defendants’ leadership of the transnational criminal organization over the past two decades from El Salvador, the United States, Mexico and elsewhere.
Defendant Borromeo Enrique Henriquez, aka “Diablito de Hollywood,” is widely recognized as the most powerful member of the Ranfla Nacional. Three of the indicted defendants, Fredy Ivan Jandres-Parada, aka “Lucky de Park View” and “Lacky de Park View,” Cesar Humberto Lopez-Larios, aka “El Grenas de Stoners” and “Oso de Stoners,” and Hugo Armando Quinteros-Mineros, aka “Flaco de Francis,” remain at large and should be considered armed and dangerous. Members of the public with information concerning their whereabouts are strongly encouraged to contact the Federal Bureau of Investigation’s (FBI) toll-free MS-13 tip line, 1-866-STP-MS13 (1-866-787-6713), or U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) at (866) 347-2423 or https://www.ice.gov/webform/ice-tip-form. Together, FBI and HSI have offered $20,000 in rewards for information leading to the arrest and conviction of each of the three fugitives. Henriquez and 10 other defendants are in custody in El Salvador. The United States will explore options for their extradition to the United States with the Government of El Salvador.
Acting Attorney General Jeffrey A. Rosen, Acting U.S. Attorney Seth D. DuCharme for the Eastern District of New York (EDNY), Director of Joint Task Force Vulcan (JTFV) John J. Durham, FBI Director Christopher A. Wray, and Executive Associate Director Derek Benner of HSI, announced the unsealing of the indictment.
Acting Attorney General Rosen said, “The indictment announced today is the highest-reaching and most sweeping indictment targeting MS-13 and its command and control structure in U.S. history. When Attorney General Barr announced the creation of JTFV in August 2019, he envisioned a whole-of-government approach that would combine proven prosecution tools from the past with innovative strategies designed specifically to eliminate MS-13 leadership’s ability to operate the gang and direct its terrorist activity. This indictment reflects an important step toward achieving that goal. By working side-by-side with our U.S. law enforcement partners and with our partners in El Salvador, we have charged MS-13’s highest-ranking leaders with operating a transnational criminal organization that utilizes terror to impose their will on neighborhoods, businesses and innocent civilians across the United States and Central America.”
“MS-13 is responsible for a wave of death and violence that has terrorized communities, leaving neighborhoods on Long Island and throughout the Eastern District of New York awash in bloodshed,” said Acting U.S. Attorney Seth D. DuCharme. “Even when incarcerated, the Ranfla Nacional continued to direct MS-13’s global operations, recruit new members, including children, into MS-13, and orchestrate murder and mayhem around the world. Today’s ground-breaking indictment seeks to demolish MS-13 by targeting its command and control structure and holding MS-13’s Board of Directors accountable for their terroristic actions.”
“The FBI is committed to combatting all forms of terrorism that threaten the American people as well as our international partners,” said FBI Director Christopher Wray. “In collaboration with our federal, state, local and international partners, we took aggressive steps to target and pursue some of the highest levels of leadership of MS-13. This operation is a clear signal to others who engage in this type of transnational criminal activity: the FBI will work tirelessly to bring them to justice wherever they are based.”
“For over a decade, HSI has remained steadfast in our resolve to dismantle transnational gangs like MS-13,” said HSI Executive Associate Director Benner. “As one of the most violent and dangerous criminal enterprises, MS-13 and Ranfla Nacional were directly responsible for unthinkable violence and criminal activity in communities across the United States and throughout Central America. As a result of the hard work and substantial resources dedicated to Joint Task Force Vulcan by our domestic and international law enforcement partners, this indictment will have a lasting disruptive effect on the future global illicit activities of this transnational criminal organization.”
Courtesy of the FBIAs alleged in the indictment, the Ranfla Nacional comprises the highest level of leadership of MS-13. In approximately 2002, the defendants and other MS-13 leaders began establishing a highly organized, hierarchical command and control structure as a means to effectuate their decisions and enforce their orders, even while in prison. They directed acts of violence and murder in El Salvador, the United States, and elsewhere, established military-style training camps for its members and obtained military weapons such as rifles, handguns, grenades, improvised explosive devices (IED) and rocket launchers. As leaders of MS-13, the defendants controlled swaths of territory and engaged in public relations efforts on behalf of the transnational criminal organization. Further, the defendants used MS-13’s large membership in the United States to engage in criminal activities, such as drug trafficking and extortion to raise money to support MS-13’s terrorist activities in El Salvador and elsewhere, and directed members in the United States to commit acts of violence, including murders, to further its goals.
As further alleged in the indictment, a central theme of the rules implemented by the Ranfla Nacional was the requirement of loyalty to MS-13, or to the “barrio.” The requirement for loyalty was central to all aspects of life for MS-13 members. Members who disobeyed the rules, showed disloyalty to the gang or to its leaders, cooperated with law enforcement, or disrespected other members were subject to severe punishment, including death. The rules put in place by the Ranfla Nacional allowed the gang to flourish in parts of the United States, including within the EDNY where, under the defendants’ command, MS-13 has committed numerous acts of violence—including murders, attempted murders, assaults, kidnappings, drug trafficking, extortion of individuals and businesses, obstructed justice and sent dues and the proceeds of criminal activity by wire transfer to MS-13 leaders in El Salvador.
As further outlined in the indictment, the Ranfla Nacional has exercised its power over the Government of El Salvador by committing acts of violence and intimidation over government officials, law enforcement and the population of El Salvador at large. In doing so the Ranfla Nacional has ordered the killing of law enforcement and government officials in El Salvador as well as ordering a “green light,” or killing, of a FBI Special Agent detailed to El Salvador investigating MS-13 and its members. Moreover, by controlling the level of MS-13’s violence, the Ranfla Nacional exercised leverage with the Government of El Salvador. For example, as alleged in the indictment, from approximately 2012 until approximately 2015, the Ranfla Nacional entered into a “truce” with the then-Government of El Salvador. As part of this agreement, the Ranfla Nacional directed MS-13 to reduce homicides in El Salvador in exchange for improved prison conditions, benefits and cash payments. In 2015, when this agreement collapsed, the Ranfla Nacional blamed the United States, believing that the U.S. government pressured the government of El Salvador to end the “truce” as a condition of receiving funds from the United States. Thereafter, in early 2016, the Ranfla Nacional began planning for a major campaign of coordinated violence in El Salvador in retaliation for the harsher measures imposed on its members after the end of the “truce.” As alleged in the indictment, the defendants ordered all cliques in El Salvador to create a specialized unit of MS-13 members to target police officers, military members, and government officials in El Salvador. These members underwent military training at MS-13 military training camps in El Salvador. The defendants also ordered all cliques, including those in the United States and in the EDNY, to provide profits from their MS-13-related criminal activity to be used to purchase weapons for the planned attacks on police in El Salvador. In total, the defendants collected over $600,000 U.S. dollars for this fund which was used to purchase weapons, including M-16s and M-60 machine guns, grenades, IEDs, and rocket launchers. Furthermore, the defendants ordered increased violence, including murders, in the EDNY and other parts of the United States, which saw a dramatic increase in MS-13 violence in 2016 and 2017.
Finally, as alleged in the indictment, the Ranfla Nacional directed the expansion of MS-13 activities around the world, most significantly into Mexico, where several high-ranking leaders were sent to organize operations there. In Mexico, MS-13 leaders made connections to obtain narcotics and firearms, conducted business with Mexican drug cartels such as the Zetas, Gulf Cartel, Cártel de Jalisco Nueva Generación (CJNG) and Sinaloa Cartel, and engaged in human trafficking and smuggling.
In August 2019, Attorney General William P. Barr created JTFV to carry out the recommendations of the MS-13 Subcommittee formed under the Attorney General’s Transnational Organized Crime Task Force (TOC Task Force). The Attorney General’s TOC Task Force resulted from President Donald J. Trump’s February 2017 Executive Order directing the Departments of Justice, State, and Homeland Security, and the Office of the Director of National Intelligence to coordinate a whole-of-government approach to dismantle transnational criminal organizations, such as MS-13, and increase the safety of the American people.
Since its creation, JTFV has successfully implemented a whole-of-government approach to combatting MS-13, including increasing coordination and collaboration with foreign law enforcement partners, including El Salvador, Mexico, Honduras and Guatemala; designating priority MS-13 programs, cliques and leaders, who have the most impact on the United States, for targeted prosecutions; and coordinating significant MS-13 indictments in U.S. Attorney’s Offices across the country, including the first use of national security charges against MS-13 leaders.
JTFV has been comprised of members from the Department of Justice’s National Security Division and the Criminal Division, as well as U.S. Attorney’s Offices across the country, including the EDNY; the District of New Jersey; the Northern District of Ohio; the District of Utah; the Eastern District of Virginia; the District of Massachusetts; the Eastern District of Texas; the Southern District of New York; the District of Alaska; the Southern District of Florida; the Southern District of California; the District of Nevada; and the District of Columbia. In addition, all Department of Justice law enforcement agencies are involved in the effort, including the FBI; the U.S. Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; and the U.S. Bureau of Prisons. In addition, HSI also plays a critical role in JTFV.
Acting Attorney General Rosen expressed his sincere thanks to Attorney General Raul Melara of El Salvador for the assistance of his office, as well as investigators from El Salvador’s Policía Nacional Civil, Centro Antipandilla Transnacional unit for their invaluable cooperation. Additionally, numerous Department of Justice components contributed to this indictment, including: the National Security Division’s Counterterrorism Section; the Justice Department’s Office of International Affairs; the Criminal Division’s Office of Overseas Prosecutorial Development, Assistance and Training; and Organized Crime and Gang Section; and the Organized Crime Drug Enforcement Task Forces Executive Office. Finally, consistent with President Trump’s Executive Order and the Attorney General’s whole of government approach, the Department of State has provided critical support for JTFV’s mission.
The charges announced today are allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. If convicted, the defendants face a maximum sentence of life in prison.
The government’s case is being prosecuted by Assistant U.S. Attorneys James Donnelly, Matthew Shepherd, and Stewart Young from JTFV, and Assistant U.S. Attorneys Paul G. Scotti, Justina L. Geraci, and Megan E. Farrell from the EDNY’s Long Island Criminal Division.
To learn more about the Justice Department’s efforts in combating MS-13 from 2016 to 2020, see report at https://www.justice.gov/ag/page/file/1329776/download.
A copy of the indictment and wanted posters in English and Spanish can be downloaded by clicking on: indictment, Fredy Ivan Jandres-Parada Wanted poster in English and Spanish, Cesar Humberto Lopez-Larios Wanted poster in English and Spanish, and Hugo Armando Quinteros-Mineros Wanted poster in English and Spanish.
The Defendants:
BORROMEO ENRIQUE HENRIQUEZ (“Diablito de Hollywood”)
Age: 42ELMER CANALES-RIVERA (“Crook de Hollywood”)
Age: 44EFRAIN CORTEZ (“Tigre de Park View” and “Viejo Tigre de Park View”)
Age: 51RICARDO ALBERTO DIAZ (“Rata de Leewards” and “Mousey de Leewards”)
Age: 47EDUARDO ERAZO-NOLASCO (“Colocho de Western” and “Mustage de Western”)
Age: 48EDSON SACHARY EUFEMIA (“Speedy de Park View”)
Age: 46JOSE FERNANDEZ FLORES-CUBAS (“Cola de Western”)
Age: 46FREDY IVAN JANDRES-PARADA (“Lucky de Park View” and “Lacky de Park View”)
Age: 45LEONEL ALEXANDER LEONARDO (“El Necio de San Cocos”)
Age: 40CESAR HUMBERTO LOPEZ-LARIOS (“El Grenas de Stoners” and “Oso de Stoners”)
Age: 42JOSE LUIS MENDOZA-FIGUEROA (“Pavas de 7-11” and “Viejo Pavas de 7-11”)
Age: 56HUGO ARMANDO QUINTEROS-MINEROS (“Flaco de Francis”)
Age: 48
SAUL ANTONIO TURCIOS (“Trece de Teclas”)
Age: 42ARISTIDES DIONISIO UMANZOR (“Sirra de Teclas”)
Age: 42