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29 December 2020
U.S. Attorney's Office Collects $9,055,193 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2020Read the Press Release
Indianapolis – Acting United States Attorney John E. Childress announced today that the Southern District of Indiana collected $9,055,193.32 in criminal and civil actions in Fiscal Year 2020. Of this amount, $2,195,355.91was collected in criminal actions and $6,859,837.41was collected in civil actions.
The Justice Department collected more than $15.9 billion in civil and criminal actions in fiscal year (FY) 2020 ending Sept. 30, 2020. The $15,988,516,670 in collections represents more than five times the approximately $3.2 billion appropriated budget for the 94 U.S. Attorneys’ offices and the main litigating divisions of the Justice Department. The total includes all monies collected as a result of Justice Department-led enforcement actions and negotiated civil settlements. It includes more than $13.5 billion in payments made directly to the Justice Department, and more than $2.4 billion in indirect payments made to other federal agencies, states and other designated recipients.
“The Southern District of Indiana’s Civil Division and Asset Recovery Unit have some of the best federal prosecutors and support staff in the country,” said Childress. “They work tirelessly every day to protect Hoosiers and their resources. Returning over $9 million to the victims of these criminal and civil cases is very satisfying. This office is committed to enforcing federal laws and holding those accountable who choose to do harm to our citizens.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s office in the Southern District of Indiana, working with partner agencies and divisions, collected $7,879,734 asset forfeiture actions in FY 2020. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
In November of 2020, Acting United States Attorney John E. Childress renewed a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This demonstrates the Office’s firm commitment to enforcing the collection of criminal impositions and civil debts owed to the United States to maximize recoveries to the United States Treasury and to victims of crime.
Tulsa Man Sentenced for Wire FraudRead the Press Release
A Tulsa man was sentenced in federal court this afternoon for a wire fraud scheme in which he conned a coworker out of more than $90,000, announced U.S. Attorney Trent Shores.
Christopher Jeremy McConnell, 35, was sentenced to five years of probation with eight months home confinement by Chief U.S. District Judge John E. Dowdell. Further, McConnell will be required to pay $90,440.49 to the victim, which is equivalent to the monetary loss the victim incurred due to McConnell’s criminal activity.
“Christopher McConnell made shimmering promises about silver and gold. His promises were empty, but his fraudulent intent was all too real. He defrauded his victim out of more than $90,000 of her hard earned money,” said U.S. Attorney Trent Shores. “McConnell must now pay back that which he stole and make the victim whole again. I commend the FBI for their investigation into this deceitful scheme.”
In his plea agreement, McConnell admitted that from November 2016 to July 2017 he befriended the victim, who was a coworker. He stated that he learned of an investment account that the victim held and he fraudulently persuaded her to transfer her investment funds to his account, promising her that he could manage her funds and invest them in “Euro-Dollars” and silver and gold for her benefit. However, McConnell stated that instead of investing the funds the victim transferred to him, he spent the money almost entirely on personal expenditures, including food, retail items, travel, and personal investment, all without the victim’s knowledge.
The FBI conducted the investigation. Assistant U.S. Attorney Richard M. Cella prosecuted the case.
Tennessee State Prison Inmate Charged with Mail StalkingRead the Press Release
NASHVILLE, Tenn. – December 29, 2020 – An inmate at the Tennessee Department of Correction has been charged with using the U.S. Mail to harass and intimidate the widow of a man he murdered in 2009, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
A criminal complaint unsealed today charged Hank Wise, 55, with mail stalking, after sending numerous letters and other communications to the woman through her attorney.
“We owe a duty to victims of crime to ensure that they will not continue to be subjected to cruel acts which cause emotional distress as alleged here,” said U.S. Attorney Cochran. “We simply will not stand for this.”
On April 2, 2009, while at the Buck Wild Saloon in Nashville, Wise shot and killed a man identified in the complaint as “B.G.” in front of his wife. In April 2012, Wise was convicted of second degree murder in Davidson County Criminal Court and subsequently sentenced to 23 years in prison.
While in prison, beginning in approximately 2011, Wise began sending letters to the victim’s widow, through her attorney, which lasted until 2017. The communications were also in the form of holiday cards such as Christmas and Valentine’s Day and contained romantic overtures, professing his love for her and telling her that he thinks about her every day.
Wise continued to send letters and cards intended for the woman through her attorney until 2017. Although initially aware of the communications, the woman asked her attorney not to notify her of any subsequent letters after 2012. After 2012, the attorney continued to receive letters from Wise, intended for the woman, but in keeping with his client’s wishes, he did not share the communications with her until sometime in 2019. The woman was highly distressed when she learned of the continued attempts by Wise to communicate with her.
Wise made an initial appearance before a U.S. Magistrate Judge this afternoon. If convicted of this charge, he faces up to five years in federal prison.
This case was investigated by the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Robert E. McGuire.
A criminal complaint is merely an accusation. Wise is presumed innocent until proven guilty in a court of law.
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Statement by Acting Attorney General Jeffrey A. Rosen on the Pakistani Proceedings Relating to the Abduction and Murder of Daniel PearlRead the Press Release
Acting Attorney General Jeffrey A. Rosen has released the following statement:
“We understand that Pakistani authorities are taking steps to ensure that Omar Sheikh remains in custody while the Supreme Court appeal seeking to reinstate his conviction continues. The separate judicial rulings reversing his conviction and ordering his release are an affront to terrorism victims everywhere. We remain grateful for the Pakistani government’s actions to appeal such rulings to ensure that he and his co-defendants are held accountable. If, however, those efforts do not succeed, the United States stands ready to take custody of Omar Sheikh to stand trial here. We cannot allow him to evade justice for his role in Daniel Pearl’s abduction and murder.”
Sioux City Man Sentenced to Federal Prison for Child PornographyRead the Press Release
A man who possessed child pornography was sentenced on December 23, 2020, to over 7 years in federal prison.
Justin Allen Pageler, age 35, from Sioux City, Iowa, received the prison term after a July 20, 2020, guilty plea to one count of possession of child pornography.
In a plea agreement, Pageler admitted that between September 25, 2018 and June 26, 2019, in the Northern District of Iowa, he knowingly possessed visual depictions of minors engaged in sexually explicit conduct. Pageler stated in an interview with law enforcement that he utilized peer-to-peer file sharing services BitTorrent and Ares on computers in his home to download and view the pornography.
Pageler was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Pageler was sentenced to 90 months’ imprisonment and ordered to pay $21,000 in restitution. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Pageler is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
The case was prosecuted by Assistant United States Attorney Timothy Duax and investigated by the Iowa Division of Criminal Investigation, the Iowa Internet Crimes Against Children Task Force, the FBI Child Exploitation Task Force, and the U.S. Marshal’s Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-4060.
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Northern District of Oklahoma Collects $6.4 Million in Civil and Criminal Actions in Fiscal Year 2020Read the Press Release
U.S. Attorney Trent Shores today announced the Northern District of Oklahoma collected $6,409,728.95 in criminal and civil actions in Fiscal Year 2020. Of this amount, $3,259,066.71 was collected in criminal actions and $3,150,662.24 was collected in civil actions.
“The U.S. Attorney’s Office’s Asset Recovery Unit diligently works to ensure that restitution and fines are paid in full and that civil financial obligations are met,” said U.S. Attorney Trent Shores. “The more than $6.4 million collected in criminal and civil actions this year reflects our commitment to safeguarding taxpayer resources and ensuring victims of crime receive a full measure of justice, including financial restitution, compensation, and access to victim related services.”
U.S. Attorneys’ Offices, along with the Justice Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the United States and criminal debts owed to victims of federal crimes. Defendants are required by law to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid directly to the victim, criminal fines and felony assessments are paid to the Justice Department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and assistance programs.
Examples of the Northern District of Oklahoma’s FY 2020 Collection Efforts:
- In a 2018, the Court ordered the forfeiture of a Jack Clark’s properties after he was convicted of filing over $10,000,000 in false excise tax refund claims with the IRS. The refunds were used by the defendant, former president of Clark Oil Distributors, Inc., to fuel an extravagant lifestyle. In March 2020, the United States received $1,905,776.29 from the sale of one of those properties.
- Other forfeiture examples include $67,000 and a vehicle as part of Operation Smack Dragon and $7,500 worth of firearms from Operation Ice N Go.
The Asset Recovery Unit also ensures the collection of restitution ordered by the Court for victims of crimes.
- In 2017, the court ordered Mark Long, a defendant who downloaded and viewed child pornography, to pay $24,000 in restitution to the children victimized during the production of the pornography. Through the Inmate Financial Responsibility Program and a large payment after the defendant was released from prison, the victims in this case were paid in full in FY 2020.
- In a second case, Barbara Jo Porter, a member of a philanthropic organization, used the organization’s credit card to withdraw cash for her own personal use. During sentencing, the Court ordered the defendant to pay $20,232.35 in restitution to the organization. The defendant made her final payment in FY2020.
The civil False Claims Act is an important tool used to protect the integrity of taxpayer-funded health care programs and allows the government to address losses it sustains by providing for civil monetary penalties.
- In FY 2020, the U.S. Attorney’s Office civil division assessed such a penalty against a Louisiana physician assistant for accepting illegal pharmacy kickback payments in return for recommending and prescribing compounded drugs from OK Compounding. He entered into a settlement agreement with the United States, agreeing to pay $620, 508.36.
- In another settlement agreement, a Texas doctor agreed to pay the United States $300,000 to resolve False Claims Act allegations that he accepted illegal kickback payments from OK Compounding. The settlement agreements resolved allegations against both men.
Overall, the Justice Department collected more than $15.9 billion in civil and criminal actions in fiscal year (FY) 2020 ending Sept. 30, 2020. The $15,988,516,670 in collections in FY 2020 represents more than five times the approximately $3.2 billion appropriated budget for the 94 U.S. Attorneys’ offices and the main litigating divisions of the Justice Department combined in that same period. The total includes all monies collected as a result of Justice Department-led enforcement actions and negotiated civil settlements. It includes more than $13.5 billion in payments made directly to the Justice Department, and more than $2.4 billion in indirect payments made to other federal agencies, states and other designated recipients.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Muscatine Man Sentenced to Prison for Receipt of Child PornographyRead the Press Release
DAVENPORT, Iowa — On December 29, 2020, United States District Court Chief Judge John A. Jarvey sentenced Emilio Daniel Dillon, age 23, of Muscatine, to 70 months in prison for Receipt of Child Pornography announced United States Attorney Marc Krickbaum. Dillon is required to pay $5,000 in victim restitution and pay $100 to the Crime Victims’ Fund. Following his prison term, Dillon will serve five years of supervised release.
The investigation of Dillon began in October of 2019 when Dillon sold a Samsung tablet to a pawn shop in Muscatine. A manager from the pawn shop brought the device to the Muscatine Police Department (MPD) reporting that child pornography was found on the tablet when it was being prepared for resale. Further investigation revealed several photos and eleven videos of child pornography with victims as young as five years old. In an interview with law enforcement on November 20, 2019, Dillon admitted to downloading the child pornography onto the tablet.
This matter was investigated by the Muscatine Police Department and the Federal Bureau of Investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Miami Woman Sentenced to 10 Years for Methamphetamine Drug ConspiracyRead the Press Release
TULSA, Okla. – A Miami woman was sentenced today in U.S. District Court for conspiring with her sister to distribute over 50 grams of methamphetamine, announced U.S. Attorney Trent Shores.
U.S. District Judge Gregory K. Frizzell sentenced Megan Nicole Hollenbeck, 29, to 10 years in federal prison followed by five years of supervised release.
“Whether an addiction or a vice, Megan Hollenbeck contributed to the methamphetamine problem in Miami. She conspired with her sister to deal meth for profit,” said U.S. Attorney Trent Shores. “She will now spend the next 10 years in federal prison as a result of her criminal choices.”
Hollenbeck previously pleaded guilty to drug conspiracy. Her sister also pleaded guilty to taking part in the conspiracy and is set to be sentenced in February 2021. On Aug. 15, 2019, Hollenbeck and her sister Monica conspired to distribute and to possess with intent to distribute 50 grams or more of actual methamphetamine, during a law enforcement “controlled buy” that was captured on video. The two were arrested in Miami, Oklahoma, as part of Organized Crime Drug Enforcement Task Force Operation “Pullin’ Chains.”
The Drug Enforcement Administration, Bureau of Indian Affairs, and Miami Police Department conducted the investigation. Assistant U.S. Attorney Thomas E. Duncombe prosecuted the case.
Justice Department Announces Closing of Investigation into 2014 Officer Involved Shooting in Cleveland, OhioRead the Press Release
The Justice Department announced today that the career prosecutors reviewing the independent federal investigation into the fatal shooting of Tamir Rice on Nov. 22, 2014, in Cleveland, Ohio, found insufficient evidence to support federal criminal charges against Cleveland Division of Police (CDP) Officers Timothy Loehmann and Frank Garmback. Yesterday the department notified counsel for Mr. Rice’s family of the decision and today sent a letter to Mr. Rice’s family explaining the findings of the investigation and reasons for the decision.
Applicable Law
The department examined the facts in this case under relevant federal criminal statutes. The federal criminal statute applicable to these facts is Title 18, U.S. Code, Section 242, Deprivation of Rights Under Color of Law. In order to proceed with a prosecution under Section 242, prosecutors must establish beyond a reasonable doubt that a law enforcement officer acted willfully to deprive an individual of a federally protected right. The right implicated in this matter is the Fourth Amendment right to be free from an unreasonable seizure. This right includes the right to be free from unreasonable physical force by police. To prove that a police shooting violated the Fourth Amendment, the government must prove beyond a reasonable doubt that the use of force was objectively unreasonable based on all of the surrounding circumstances. The law requires that the reasonableness of an officer’s use of force on an arrestee be judged from the perspective of a reasonable officer on the scene, rather than with added perspective of hindsight. The law set forth by the Supreme Court requires that allowances must be made for the fact that law enforcement officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving. Finally, caselaw establishes that an officer is permitted to use deadly force where he reasonably believes that the suspect posed an imminent threat of serious physical harm, either to the officer or to others.
Additionally, to prove that a shooting violated section 242, the government must prove beyond a reasonable doubt that the officers acted willfully. This high legal standard – one of the highest standards of intent imposed by law – requires proof that the officer acted with the specific intent to do something the law forbids. It is not enough to show that the officer made a mistake, acted negligently, acted by accident or mistake, or even exercised bad judgment.
Although Tamir Rice’s death is tragic, the evidence does not meet these substantial evidentiary requirements. In light of this, and for the reasons explained below, career federal prosecutors with both the Civil Rights Division and the U.S. Attorney’s Office concluded that this matter is not a prosecutable violation of the federal statutes.
Factual Overview
This summary is based on, and consistent with, all facts known to the government after a thorough examination, most of which are undisputed.
On Nov. 22, 2014, Tamir spent the majority of the day at the Cudell Park Recreation Center (CPRC). Throughout the day, Tamir was frequently seen playing with a toy black airsoft pistol with a removable magazine that was visually virtually indistinguishable from a real .45 Colt semi-automatic pistol. Tamir would periodically point the toy gun at individuals at the CPRC and at the adjoining playground.
At approximately 3:11 p.m., an individual made a “911” call to report that a “guy with a pistol” was pointing a gun at multiple people on the playground at the CPRC. The caller gave a detailed description of the individual, stated that he was “probably a juvenile,” and that the gun was “probably fake,” but he also described the scene as very frightening. On the date of the incident, Tamir was 12-years-old and stood 5’7” and 195 lbs.
A 911 dispatcher subsequently broadcast the call as a “Code 1” (the highest priority call) and Officers Garmback and Loehmann radioed that they would respond. The information the dispatcher relayed to Officers Garmback and Loehmann was “there’s a black male sitting on the swing. He’s wearing a camouflage hat, a gray jacket with black sleeves. He keeps pulling a gun out of his pants and pointing it at people.” The dispatcher did not relay that the individual might be a juvenile or that the gun might be fake. Thus, the officers believed that they were responding to a playground where a grown man was brandishing a real gun at individuals, presumably including children.
Video from the CPRC captured the subsequent events. It is important to note that the video footage is grainy, shot from a distance, does not show detail or perspective, and portions of the incident are not visible because of the location of the patrol car. Further, the time lapse footage captures approximately two frames per second at a variable rate, which is incapable of capturing continuous action.
Officers Garmback and Loehmann approached the CPRC’s playground area with a swing set, Tamir’s reported location. Tamir was not in the swing set area when the patrol car entered the park, but was sitting alone at a picnic table under the gazebo located west of the swing set. He matched the description of the suspect provided by the dispatcher. No other people were in the immediate area.
It is not clear from the video evidence when Tamir became aware of the patrol car driving toward the gazebo. Tamir stood up at the picnic table approximately 10 seconds before the shooting and over the course of the next three seconds, he walked around the end of the table in a semi-circle, so that he was facing in the general direction of the oncoming patrol car but not yet moving toward it. Meanwhile, the patrol car continued to approach the gazebo.
Tamir began walking forward toward the passenger side of the approaching patrol. Meanwhile, Officer Garmback applied the brakes in an attempt to stop the patrol car, but due to the wet conditions on the ground the car did not stop where he intended and instead slid forward approximately 40 feet. As the patrol car came to a stop a short distance from Tamir, who by that point had stopped moving forward and was stationary, Officer Loehmann exited the still moving patrol car. At that moment, it appears that Tamir made movements of some sort with both his left and right arms. The positioning of the moving arms suggests that Tamir’s hands were in the vicinity of his waist, but his hands are not visible in the video. Officer Loehmann fired two shots within less than two seconds of opening the passenger door, striking Tamir once in the abdomen.
As soon as Officer Loehmann exited the patrol car, he fell to his right and to the ground, toward the rear of the patrol car, resulting in an ankle injury. When Officer Loehmann got to his feet, he quickly moved to the rear driver’s side of the patrol car for cover while continuing to aim his drawn weapon in Tamir’s direction. Meanwhile, Officer Garmback exited the patrol car and began moving to the front of the vehicle, where he stood for approximately 15 seconds with his gun drawn and pointing in Tamir’s direction. Enhanced video stills show a dark object (the toy gun) appear on the floor of the gazebo within a few feet of Tamir approximately 7 seconds after the shooting, just as Officer Garmback reached the front of the patrol car and just after Tamir’s upper body moved to the ground (and out of view of the surveillance camera). Officer Garmback stood at the front of the patrol car for approximately 15 seconds with his gun drawn and pointed in the direction of Tamir, then moved into the gazebo and kicked the toy gun and magazine further away from Tamir.
After Officer Garmback kicked the toy gun and magazine into the grass, he reported the shots fired and requested emergency medical assistance.
Video Evidence
The CPRC has a number of surveillance cameras, and the incident is captured on video. Unfortunately, as previously discussed, this video is a time lapse video, has no audio, is grainy, shot from a significant distance, does not show detail or perspective, and portions of the incident are not visible because the incident occurred on the passenger side of the patrol car, and the camera is shooting from the driver’s side of the patrol car; thus, the patrol car blocks the camera’s view of parts of the activity during the relevant time. Tamir’s hands are not visible in the video during the relevant time.
The video generally shows that the patrol car came to a stop a short distance from Tamir, and that Officer Loehmann exited the still moving patrol car. At that moment, Tamir made movements of some sort with both his left and right arms. The positioning of the moving arms suggests that Tamir’s hands were in the vicinity of his waist, but his hands are not visible in the video and it cannot be determined from the video what he was doing. Officer Loehmann fired two shots within seconds of opening the passenger door, striking Tamir once in the abdomen.
Officer Statements
In on-scene statements to three responding law enforcement officers, starting approximately one minute after the shooting, Officer Loehmann repeatedly and consistently stated that Tamir was reaching for his gun just before Officer Loehmann shot. Officers Loehmann and Garmback gave several additional statements to other responding officers in the minutes and hours after the shooting. In those statements, both officers repeatedly and consistently stated that Officer Loehmann gave Tamir multiple commands to show his hands before shooting, and both officers repeatedly and consistently said that they saw Tamir reaching for his gun. Both officers submitted written statements concerning the incident approximately a year later, and repeated these seminal points. Officers Loehmann and Garmback are the only two witnesses in the near vicinity of the shooting.
Civilian Witnesses
Only one civilian witness reported seeing any part of the fatal encounter; an additional witness said that she heard shots and heard commands after the shots. However, the eyewitness’s two statements are inconsistent; the earwitness reported hearing three shots; both witnesses were approximately 315 feet away; and neither of them stated that they saw Tamir’s movements immediately preceding the shooting
Expert Witnesses
- Video Expert
An expert forensic video analyst analyzed the video evidence, which consists of compressed time lapse footage. He identified numerous technical variables that can result in the misinterpretation of the images by an untrained observer of compressed video images. He noted that the time lapse footage consists of a series of stills, with approximately two stills captured per second. In analyzing the relevant video footage in this case, the expert found that, throughout the two camera recordings, the refresh rate in which the video captures a new still image varies from approximately one image per second to up to eight images per second.[1] He further stated that there is no foundation to establish the precise timing from image to image. As a result, the video in this system is referred to as a ‘variable refresh rate recording.”
Thus, even when the video was enhanced to the still frames, there are unknown time gaps of up to a full second between each frame. The video and the corresponding still frames are incapable of capturing the nuances of continuous action.
- Use of Force Experts
Seven experts reviewed this case and opined on whether Officer Loehmann’s use of force was objectively reasonable or unreasonable: four of whom were hired by the CCPO and agreed that the shooting was objectively reasonable; three of whom were retained by the Rice family and agreed that the shooting was objectively unreasonable. Because the experts relied heavily on the poor-quality video of the incident and reached different conclusions about what it showed, their conflicting opinions added little to the case, other than to solidify the conclusion that the video evidence is not dispositive and is insufficient to establish beyond a reasonable doubt what Tamir was doing in seconds before he was shot.
Analysis Regarding a Deprivation of Rights Under Color of Law
In order to establish a federal civil rights violation, the government would have to prove that Officer Loehmann’s actions were unreasonable under the circumstances, and that his actions were willful. As noted above, caselaw establishes that an officer is permitted to use deadly force where he reasonably believes that the suspect posed an imminent threat of serious physical harm, either to the officer or to others. Here, in light of the officers’ explanations that Officer Loehmann shot because it appeared to him that Tamir was reaching for his gun, the government would necessarily have to prove beyond a reasonable doubt that 1) Tamir was not reaching for his gun; and 2) that Officer Loehmann did not perceive that Tamir was reaching for his gun, despite his consistent statements to the contrary. The evidence is insufficient for the government to prove this.
To fully assess whether this shooting constituted an unreasonable use of force, career prosecutors closely examined, among other things, the evidence concerning the movement of Tamir’s arms and hands just prior to the shots. As mentioned, the video footage is of extremely poor quality and has gaps in time of up to one second. The footage does not establish that Tamir was drawing a weapon from his waistband; however, the footage also does not establish that Tamir was not reaching for a gun when Officers Loehmann and Garmback state that he was doing so.
The evidence in this case fails to definitively establish what happened at the time of the shooting. Both officers have consistently and repeatedly maintained that they saw Tamir reach for his gun. The toy gun was found on the ground near where Tamir fell, suggesting that it was on his person and that he handled it after standing up beside the picnic table. The video evidence is simply not definitive on Tamir’s movements at the relevant time. Multiple experts examined the grainy, non-continuous, indistinct video in which the patrol car blocks part of the view at the relevant time. Those experts differed in their opinion of what Tamir was “likely” doing with his arms and hands, but all agreed that his arms were moving and that his hands, though not visible, would have been in the general area of his waist. The experts’ opinions were of little assistance in assessing criminal guilt, because their analysis amounted to a 20/20 hindsight review of still frames from a non-continuous video that could not, and does not, capture all that happened in the relevant time period of approximately two seconds, but nevertheless portrays Tamir’s hands in the vicinity of his waist just prior to the shooting. Further, the civilian witnesses shed little light on Tamir’s actions just before he was shot.
Based on this evidence and the high burdens of the applicable federal laws, career prosecutors have concluded that there is insufficient evidence to prove beyond a reasonable doubt that Tamir did not reach for his toy gun; thus, there is insufficient evidence to establish that Officer Loehmann acted unreasonably under the circumstances.
As noted above, in analyzing a potential charge under 18 U.S.C. § 242, federal investigators must also consider whether the evidence proves the statutory element of willfulness — meaning, that, in shooting Tamir, Officer Loehmann knew what he was doing was wrong and chose to do it anyway. As noted above, an accident, a mistake, an officer’s misperception, or even an officer’s poor judgment or negligence does not constitute willful conduct that can be prosecuted under this statute.
Even if the government were to accept entirely the conclusions of the expert who opined that Tamir had his hands in his jacket pockets as he approached the patrol car, prosecutors would still be unable to disprove Officer Loehmann’s consistent statements regarding his own perceptions of Tamir’s movements. Within a minute of the shooting and with no opportunity to reflect, view video, or discuss the matter with others, Officer Loehmann said that he fired in self-defense and had no choice. He has given multiple additional statements, in which he has consistently maintained that he shot because he believed that Tamir was drawing a weapon; there is insufficient evidence to refute that central point.
Similarly, Officer Garmback has maintained since moments after the shooting that he heard Officer Loehmann give repeated commands to Tamir to show his hands, and that he saw Tamir reaching for a weapon in his waistband. Both officers sought cover from the patrol car, held Tamir at gunpoint for approximately 15 seconds, and generally responded to the incident in a manner consistent with their stated belief that Tamir was drawing a gun.
For many of the same reasons the evidence is insufficient to prove beyond a reasonable doubt that the shooting violated the Fourth Amendment, the evidence is also insufficient to establish beyond a reasonable doubt that the officers acted willfully. Even if federal prosecutors could definitively prove that Tamir did not in fact reach toward his waistband to draw his toy gun, the government could not establish that Officer Loehmann did not perceive that Tamir did so.
Analysis Regarding Obstruction of Justice
Career federal prosecutors also reviewed the evidence to determine whether there was sufficient evidence to prove that Officers Loehmann and/or Garmback obstructed justice in their statements to law enforcement officers. These career prosecutors concluded that it did not.
In order to prove obstruction, the government would have to prove the officers knowingly made false statements, and that they did so with the intent to obstruct a federal investigation. As previously noted, the officers each gave multiple statements to law enforcement officers on the day of the incident, starting within a minute or so of the incident, without time to reflect, discuss, or view video. They each provided a written statement approximately a year later. Some of their statements are more detailed than others, and with slightly different verbiage, but all of which were generally consistent, particularly on the seminal facts. As the experienced career prosecutors who reviewed this matter know, when witnesses give multiple statements, there are almost always inconsistencies due to the fallibility of the human memory.
Because there is insufficient evidence to establish that the statements by Officers Loehmann and Garmback are in fact untrue, there is also insufficient evidence to establish that they knew them to be untrue or that they made them with the intent to obstruct the investigation.
Conclusion
In sum, after extensive examination of the facts in this tragic event, career Justice Department prosecutors have concluded that the evidence is insufficient to prove beyond a reasonable doubt that Officer Loehmann willfully violated Tamir Rice’s constitutional rights, or that Officers Loehmann or Garmback obstructed justice. In this case, the U.S. Attorney’s Office for the Northern District of Ohio, the Justice Department’s Civil Rights Division, and the FBI each devoted significant time and resources to examine the circumstances surrounding Tamir Rice’s death and to completing a thorough analysis of the evidence gathered. The Justice Department remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources required to ensure that all serious allegations of civil rights violations are thoroughly examined. The department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so.
[1] For comparison, most modern video captures approximately 60 frames per second.
Iowa City Man Sentenced to Prison for Prohibited Person in Possession of a FirearmRead the Press Release
DAVENPORT, Iowa — On December 22, 2020, United States District Court Chief Judge John A. Jarvey sentenced Junior Emilio Roldan Marin, age 34, of Iowa City, to 66 months in prison for Prohibited Person in Possession of a Firearm announced United States Attorney Marc Krickbaum. Following his prison term, Roldan Marin was ordered to serve three years of supervised release as well as pay $100 to the Crime Victims’ Fund.
On December 9, 2018, officers were dispatched to a residence in Iowa City regarding Roldan Marin threatening an individual who had turned around in his driveway. Officers located Roldan Marin, who admitted he had been in a confrontation with an individual at his residence and he did have a gun, though he denied threatening anyone. Officers executed a search warrant at Roldan Marin’s residence and located two red Winchester shotguns shells and a black MKA 1919 12-gauge magazine-fed shotgun. Roldan Marin was prohibited from possessing firearms and ammunition because he had a prior conviction for domestic abuse assault, was subject to an active no contact order, and was an unlawful user of a controlled substance.
This matter was investigated by the Department of Homeland Security, U.S. Immigrations and Customs Enforcement, and the Iowa City Police Department. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa. This case was part of Project Safe Neighborhoods, 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.
Iowa City Man Sentenced to Prison for Firearm OffenseRead the Press Release
DAVENPORT, Iowa — On December 23, 2020, United States District Court Chief Judge John A. Jarvey sentenced Charls Peter Niphong, age 20, of Iowa City, to 64 months in prison for Prohibited Person in Possession of a Firearm announced United States Attorney Marc Krickbaum. Following his prison term, Niphong was ordered to serve three years of supervised release, as well as pay $100 to the Crime Victims’ Fund.
The investigation of Niphong began in October 2019 when law enforcement officials were investigating a string of burglaries in and around Iowa City residences and parked vehicles. Niphong was identified as a suspect. Law enforcement learned that Niphong’s phone usage placed him in the area of the burglaries during the time frame where they occurred. Surveillance footage from local businesses further corroborated Niphong’s location, and showed Niphong using stolen credit cards to make purchases. A search warrant conducted on Niphong’s residence revealed a firearm that had been reported as stolen during one of the burglaries, along with items of stolen property taken during the burglaries. Officers also found two additional guns, including one stolen during one of the burglaries, while executing a search warrant at an additional residence. Niphong had sold those two guns to a person living at the residence. Niphong has an extensive criminal history in Iowa. As a result of being a felon, Niphong is prohibited from possessing firearms.
This matter was investigated by the Iowa City Police Department (ICPD). This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Iowa City Man Sentenced to Prison for Felon in Possession of a FirearmRead the Press Release
DAVENPORT, Iowa — On Tuesday, December 29, 2020, United States District Court Chief Judge John A. Jarvey sentenced Darnell McConnell II, age 36, of Iowa City, to 100 months in prison for Felon in Possession of a Firearm announced United States Attorney Marc Krickbaum. Following his prison term, McConnell was ordered to serve three years of supervised release as well as pay $100 to the Crime Victims’ Fund.
On August 16, 2019, law enforcement executed search warrants on two Iowa City residences associated with McConnell. At a residence on Taylor Drive, officers recovered three firearms: a .45 caliber pistol, a .40 caliber rifle, and a 12-gauge shotgun. Additionally, hundreds of packages of THC-infused edibles and vape pens were found. At a residence on Davis Street, officers recovered two additional firearms: a .38 caliber revolver and a .223 caliber rifle. Law enforcement also recovered multiple firearm magazines capable of accepting 30 and 40 rounds of ammunition. A review of McConnell’s phone pursuant to a search warrant revealed videos of him at a shooting range in possession of numerous firearms—five of which appear identical to the firearms recovered from the two search warrants. McConnell has previously been convicted of firearms-related and drug distribution felonies offenses in Cook County, Illinois.
This matter was investigated by the Iowa City Police Department Street Crimes Action Team. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Iowa City Man Sentenced to Federal Prison for Receipt of Child PornographyRead the Press Release
DAVENPORT, Iowa—On December 22, 2020, United States Chief District Court Judge John A. Jarvey sentenced Michael Alan White, age 49, of Iowa City, to 144 months of imprisonment for Receipt of Child Pornography announced United States Attorney Marc Krickbaum. Following his prison term, White was ordered to serve five years of supervised release, pay $10,000.00 in restitution to the two victims, and pay $100.00 to the Crime Victims’ Fund.
On March 13, 2020, White pleaded guilty to one count of receipt of child pornography. The investigation began in 2018 when law enforcement intelligence retrieved information from an Internet Protocol (IP) address that certain child pornography images were being downloaded. A returned subpoena from the internet provider listed Michael White as the registered user of the internet service from which the IP address originated. On March 7, 2019, a search warrant was conducted on White’s residence. Forensic examination of four electronic devices obtained in the search warrant revealed multiple depictions of child pornography. White had approximately fifty images and/or videos of child pornography on his devices. Many of the victims depicted in White’s images have been identified through the National Center for Missing and Exploited Children (NCMEC).
This matter was investigated by the Iowa Division of Criminal Investigation and the Federal Bureau of Investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Helena man appears on allegations of sexually exploiting children and receiving child pornographyRead the Press Release
MISSOULA – A Helena man appeared in court today on allegations of sexually exploiting children and receiving child pornography in Missoula and Lewis and Clark counties, Acting U.S. Attorney Leif Johnson said.
A criminal complaint unsealed today alleges Joshua Dean Fish, 27, committed the crimes of sexual exploitation of a child and receipt of child pornography. If convicted of the most serious crime, Fish faces 15 years to 40 years in prison, a $250,000 fine and five years to life of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Fish was detained pending further proceedings.
A criminal complaint is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
According to the complaint and affidavit, an investigation began in January when the Lewis and Clark County Sheriff’s Office received a report of suspicious online activity regarding a minor teenage female victim. The investigation led to additional minor female victims. Victims reported that they were promised monetary payments in exchange for photographs of themselves in various stages of undress and nudity through SnapChat, a social media application. The victims reported that the suspect used PayPal to submit payments to the victims, used the fictitious name, Grant Holman, and liked to be called Mr. Fish or Mr. Fishy.
The investigation led to a search of Fish’s residence in Gilbert, AZ, on June 18. Law enforcement seized a cell phone, a laptop computer and numerous hard drives. After examining the electronics that were seized during the search of Fish’s residence, agents discovered hundreds of thousands of images and videos of child pornography, the complaint and affidavit allege. The complaint and affidavit further allege that Fish used, coerced and exploited the victims into producing sexually explicit images of themselves. Fish lived in Missoula and Helena until about June 2018, when he moved to Arizona.
The FBI, Homeland Security Investigations, Internet Crimes Against Children Task Force, Lewis and Clark County Sheriff’s Office and Gilbert (AZ) Police Department are investigating the case.
PACER case reference. 20-11.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Hardy County man appears on drug chargesRead the Press Release
ELKINS, WEST VIRGINIA – Kenneth Allan Evans, of Moorefield, West Virginia, was arrested today and appeared in federal court to face drug charges, U.S. Attorney Bill Powell announced.
Evans, 48, was indicted by a federal grand jury sitting in Elkins on December 15, 2020 on one count of “Conspiracy to Distribute Methamphetamine,” one count of “Maintaining Drug-Involved Premises,” one count of “Possession with Intent to Distribute Methamphetamine,” and one count of “Distribution of Methamphetamine – Aiding and Abetting.”
Also charged with conspiracy to distribute methamphetamine and other related charges are:
• Kaleb Joseph Beals, 31, of Silver Creek, Georgia
• Jennifer Ann Howell, 41, of Moorefield, West Virginia
• Kelly Marie Talbert, 36, of Keyser, West Virginia
• Richard Allen Howell, 42, of Moorefield, West VirginiaAll defendants are accused of working together to distribute crystal methamphetamine or “ice” from August 2018 to April 2019 in Hardy County and elsewhere.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, the West Virginia State Police, the Grant County Sheriff’s Office, and the Moorefield Police Department investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Hancock Man Sentenced for Possessing Fentanyl with Intent to DistributeRead the Press Release
BANGOR, Maine: A Hancock man was sentenced today in federal court in Bangor for possessing with the intent to distribute 40 grams or more of a substance containing fentanyl, U.S. Attorney Halsey B. Frank announced.
U.S. District Judge Lance E. Walker sentenced William Smeal, 34, to 54 months in prison and four years of supervised release. Smeal pleaded guilty on January 21, 2020.
According to court records, on February 13, 2019, law enforcement officers encountered Smeal in Ellsworth, Maine. A bag containing over 100 grams of a substance containing fentanyl was seized from his car. Smeal admitted to purchasing drugs in Massachusetts that day. A search of Smeal’s home and an additional search of his car resulted in the seizure of more than 100 additional grams of a substance containing fentanyl.
The Maine Drug Enforcement Agency and the FBI investigated the case.
The prosecution is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) Program, a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
District Court Enters Permanent Injunction Shutting Down Technical-Support Fraud SchemeRead the Press Release
A federal court entered an order of permanent injunction against an individual and five companies in a case against a large-scale technical-support fraud scheme alleged to have defrauded hundreds of elderly and vulnerable U.S. victims, the Department of Justice announced today.
The order bars Michael Brian Cotter, 59, of Glendale, California, and four companies — Singapore registered Global Digital Concierge Pte. Ltd., formerly known as Tech Live Connect Pte. Ltd., Nevada registered companies Sensei Ventures Incorporated and NE Labs Inc., New York registered KeviSoft LLC — from selling technical-support services or software via telemarketing or websites.
“The department is committed to protecting vulnerable Americans, particularly America’s seniors, from those who seek to steal their hard earned savings,” said Acting Assistant Attorney General Jeffrey Bossert Clark for the Civil Division. “The department is grateful for the cooperation of foreign law enforcement, including India’s Central Bureau of Investigation, in investigating, disrupting, and prosecuting technical-support fraud schemes and other schemes originating abroad and directed at the American public.”
“The Postal Inspection Service is committed to investigating all types of elder fraud,” said Damon Wood, Inspector in Charge of the Philadelphia Division of the U.S. Postal Inspection Service. “Fraudsters who scam the elderly and others online use fear and pressure tactics to prey on our most vulnerable Americans from the safety of a computer screen. The Inspection Service is proud of our domestic and international partners who extended the reach of our investigative efforts, shutting this scam down once and for all, and protecting American citizens.”
The complaint filed in October 2020 alleged that Cotter worked with co-conspirators in India from at least 2011 to 2020 to operate a technical-support fraud scheme. The scheme allegedly contacted U.S. consumers via internet pop-up messages that falsely appeared to be security alerts from Microsoft or another well-known company. The pop-up messages fraudulently claimed that the consumer’s computer was infected by a virus, purported to run a scan of the consumer’s computer, falsely confirmed the presence of a virus and malware, and then provided a toll-free number to call for assistance. When victims called the toll-free number, they were connected to India-based call centers participating in the fraud scheme. Call center workers asked victims to give them remote access to their computers and told victims that they detected viruses or other malware on their computers. Eventually, the call center workers would falsely diagnose non-existent problems and ask victims to pay hundreds of dollars for unnecessary services and software.
The complaint asserted that Cotter worked with co-conspirators in India to operate the scheme, including registering website domains, setting up shell companies, and entering into relationships with banks and payment processors to facilitate the collection of funds from victims of the scheme. Individual victims payed hundreds to thousands of dollars to the scheme for unwanted and unnecessary technical-support services.
Under the terms of the consent decree of permanent injunction entered today, the defendants agreed to be permanently barred from, among other things, offering for sale via telemarketing or website any technical-support service or software and advertising via computer pop-up messages. The consent decree also transfers ownership of 19 domain names alleged to have been used as part of the technical-support scheme to the United States, so that those domains can no longer be used as part of the fraud scheme.
The widespread fraud allegedly committed in this case was brought to the attention of the Transnational Elder Fraud Strike Force by Microsoft, which often is impersonated by those engaged in technical-support fraud schemes.
Acting Assistant Attorney General Clark thanked the Postal Inspection Service for its investigation of the case, and the FBI’s Economic Crimes Unit and Legal Attaché’s Office in Delhi, India, for their substantial coordination efforts. He also expressed appreciation to Microsoft for apprising the Strike Force of the alleged offenses. The U.S. case is being handled by Trial Attorney Ann Entwistle of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney James Weinkle of the U.S. Attorney’s Office in the Southern District of Florida.
Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In January 2020, the department designated “Preventing and Disrupting Transnational Elder Fraud” as an Agency Priority Goal, one of its top four priorities. Later, in March 2020, the department announced the largest elder fraud enforcement action in American history, charging more than 400 defendants in a nationwide elder fraud sweep. The department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the act.
The department’s extensive and broad-based efforts to combat elder fraud seek to halt the billions of dollars senior lose to fraud schemes, including those perpetrated by transnational criminal organizations. The best method for prevention, however, is by sharing information about the various types of elder fraud schemes with relatives, friends, neighbors, and other seniors who can use that information to protect themselves.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed 7 days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.
Davenport Man Sentenced to Prison for Child Pornography OffensesRead the Press Release
DAVENPORT, Iowa — On December 23, 2020, United States District Court Chief Judge John A. Jarvey sentenced John James Ramirez, age 45, of Davenport, to 60 months in prison for Possession of Child Pornography and Possession of Obscene Visual Representation of the Sexual Abuse of Children announced United States Attorney Marc Krickbaum. Following his prison term, Ramirez was ordered to serve five years of supervised release and pay $200 to the Crime Victims’ Fund.
The investigation began in 2019 when the Davenport Police Department received a report that Ramirez had depictions of child pornography on his home computer. Law enforcement executed a search warrant on Ramirez’s Davenport residence and seized electronic and storage devices. A forensic examination revealed 107 images depicting child pornography of children, ranging in age from infants to teenagers, and 106 computer-generated images depicting child pornography of children. Ramirez knowingly received these visual depictions of child pornography through interstate commerce via the Internet.
This matter was investigated by the Davenport Police Department. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Convicted Felon, Arrested in Possession of 105 Bags of Illegal Drugs, Pleads Guilty to Possession with Intent to Distribute MethRead the Press Release
MACON, Ga. – A convicted felon, arrested with multiple firearms and 105 bags of illegal drugs, has pleaded guilty to possession with intent to distribute methamphetamine, said Peter D. Leary, the Acting U.S. Attorney for the Middle District of Georgia.
Alexander Brock Ray, 30, of Macon, pleaded guilty to one count of possession with intent to distribute methamphetamine on December 22, before U.S. District Judge Marc Treadwell. The defendant faces a maximum 40 years imprisonment and a minimum five years in prison, to be followed by four years of supervised release, and a maximum fine of $5,000,000. Sentencing is scheduled for March 3, 2021.
U.S. Marshals, FBI agents and Bibb County Sheriff’s deputies served Ray with an arrest warrant at his residence on August 16, 2018, for a Superior Court probation violation. In 2013, Ray was convicted of theft by receiving (firearm), carrying a concealed weapon and felony obstruction. Ray was arrested, and officers found a shotgun, along with many pills and bags of suspected ecstasy. A search warrant was issued, and officers found two semi-automatic pistols, drug paraphernalia and 4.6 pounds of suspected ecstasy, which was later found to contain methamphetamine. Eleven stamps were found in the residence which were being used to compress multicolored powder into heart and “Hello Kitty” shaped pills.
“Methamphetamine is a pervasive threat to communities across the Middle District of Georgia. We will hold drug dealers accountable for profiting from the destruction caused by methamphetamine,” said Acting U.S. Attorney Leary. “I want to thank the Bibb County Sheriff’s Office, the U.S. Marshals Service and the FBI for their combined efforts investigating this matter.”
“If drug dealers think they can continue to get away with plaguing our communities even after being arrested and convicted of crimes, they better think again,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Thanks to the persistence of the Bibb County Sheriff Office, the U.S. Marshals Service and our FBI Macon resident agency, Ray will have plenty of time to think in prison.”
The case was investigated by the Bibb County Sheriff’s Office, the U.S. Marshals Service and the FBI. The case is being prosecuted by Assistant U.S. Attorney Will R. Keyes. Questions can be directed to Pamela Lightsey, Public Information Officer, U.S. Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Officer (Contractor), U.S. Attorney’s Office, at (478) 765-2362.
Canton man with history of violence sentenced to 27 months imprisonment for possession of a firearm by a person with a domestic violence convictionRead the Press Release
U.S. Attorney Justin Herdman announced today that Matthew Paul Slatzer, age 36, of Canton, Ohio, was sentenced by Judge Donald C. Nugent to 27 months imprisonment, the maximum possible sentence allowable within the federal sentencing guidelines. Slatzer previously pleaded guilty to possession of a firearm by a person with domestic violence conviction.
"This defendant is well known within the community as an individual with a hateful ideology prone to threaten violence towards law enforcement and others based on race, religion or sexual orientation," said U.S. Attorney Justin Herdman. "These hateful beliefs, combined with a history of actual violence, make the defendant a threat to the community and the entirety of the Northern District. We are grateful for the maximum possible sentence in this matter that will keep the defendant in federal prison where he can no longer threaten or harm others."
"Possession of a firearm by someone with a violent criminal history, who continues to espouse hate and threaten law enforcement is reprehensible," said FBI Special Agent in Charge Eric B. Smith. "Hate towards any group must not and will not be tolerated. Today's sentencing is another example that shows the FBI is committed to investigating and holding accountable those like Mr. Slatzer, who engage in these types of acts. We will continue to work with our law enforcement partners to ensure justice is served."
According to court documents, on February 2, 2020, Canton Police responded to a report of an intoxicated man with a firearm at a bar on Harrison Avenue NW in Canton, Ohio. Police arrived on the scene, contacted Slatzer, who was intoxicated, and collected the firearm. Slatzer was then arrested for possession of a firearm in a liquor permit establishment. Slatzer also possessed a weapon holster, knife, OC spray and ammunition.
Slatzer is prohibited from possession of a firearm due to a previous conviction of domestic violence on October 20, 2010, in the Stark County Court of Common Pleas.
According to a sentencing memorandum filed by the U.S. Attorney's Office in this case, on May 3, 2020, Slatzer was involved in an incident in Stow, Ohio, at a Dollar General while on a pretrial release in a state case. The memorandum states that Slatzer entered the store with a hatchet and a sword and asked a store employee for directions to Kent State University. Slatzer remarked to the employee that he was told there were "a lot of Jews at Kent State." Slatzer then stated he was an Aryan brother and that he was going to Kent State University to find some Jews.
The memorandum further states that during a previous arrest, Slatzer threatened to kill the arresting officers, remarking that "he would kill each pig one by one" after making racist and homophobic statements. Later, while incarcerated at Northeast Ohio Correctional Center, Slatzer made several phone calls stating that he wanted to "figure out how to smuggle a gun in here" and that when he gets out, if he has contact with officers again, he will "have to kill 'em."
The sentencing memorandum asked the Court not to consider Slatzer's political views or beliefs in a sentencing determination, but rather the danger posed to the community due to these views and beliefs.
This case was investigated by the Federal Bureau of Investigation and the Canton Police Department. The case is being prosecuted by Assistant U.S. Attorney Toni Beth Schnellinger Feisthamel.
Bronx Man Indicted for Alleged Role in Car Theft RingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that on December 22, 2020, a federal grand jury in New Haven returned a five-count indictment charging JOSEPHER Y. CARTAGENA, 24, of the Bronx, New York, with offenses stemming from his alleged role in a car theft ring operating in Connecticut and New York.
Cartagena has been detained since his arrest on December 23. He appeared yesterday via videoconference before U.S. Magistrate Judge Sarah A.L. Merriam and entered a plea of not guilty to the charges.
As alleged in court documents and statements made in court, the FBI, Connecticut State Police and police departments in Connecticut and New York have been investigating a car theft ring that, for at least the past six months, has been conducting coordinated burglaries of car dealerships in Connecticut and elsewhere, often hitting multiple locations in one night. The group’s members drive from New York to Connecticut, force entry into car dealerships, steal vehicle key fobs, and use them to identify and steal vehicles. Group members also have burglarized mobile phone stores. Cartagena is a member of this group, which is believed to be responsible for the theft of more than 40 vehicles in Connecticut, New York and elsewhere. The value of the stolen property is estimated to be in the millions of dollars.
The indictment specifically alleges that, on July 28, 2020, Cartagena stole a 2020 Jeep Gladiator Rubicon from a residence in Danbury and transported the vehicle to New York. On July 29, Cartagena and others broke into an auto dealership in Milford and stole multiple key fobs and a 2019 Jeep Grand Cherokee, which they drove to New York. On July 31, group members returned to the Milford dealership and used one of the stolen key fobs to steal a 2020 Jeep Grand Cherokee Overland.
The indictment charges Cartagena with one count of conspiracy to possess and transport stolen vehicles, an offense that carries a maximum term of imprisonment of five years; two counts of transportation of a stolen vehicle, an offense that carries a maximum term of imprisonment of 10 years on each count; and two counts of possession of a stolen vehicle, an offense that carries a maximum term of imprisonment of 10 years on each count.
It is alleged that Cartagena has fled from law enforcement in high-speed car chases on multiple occasions. When law enforcement first attempted to arrest Cartagena on a federal arrest warrant, Cartagena dropped a firearm and was able to escape by ramming multiple FBI vehicles with his vehicle, which was stolen. Investigators apprehended Cartagena late at night on December 23 after an all-day search.
A court-authorized search of Cartagena’s residence revealed hundreds of thousands of dollars of suspected stolen merchandise and approximately $89,000 in cash.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This investigation is being conducted by the Federal Bureau of Investigation, Connecticut State Police, Danbury Police Department, Trumbull Police Department, Guilford Police Department, and Putnam County (N.Y.) Sheriff’s Department. The investigation is being assisted by several additional police departments.
This case is being prosecuted by Assistant U.S. Attorney Robert S. Ruff.
Bradley Lefebvre Pleads Not Guilty to Harassment ChargesRead the Press Release
The United States Attorney for the District of Vermont announced that Bradley Lefebvre, 38, a former resident of Springfield, Vermont who has since moved to New Hampshire, pleaded not guilty today in United States District Court in Burlington to federal harassment charges. U.S. Magistrate Judge John M. Conroy released Lefebvre on conditions pending trial, which has not been scheduled.
On December 2, 2020, a federal grand jury in Rutland returned a three-count indictment accusing Lefebvre of harassing three victims during the spring and summer of 2020. The indictment alleges that Lefebvre used facilities of interstate commerce to harass and intimidate the victims and their families via communications that would reasonably be expected to cause substantial emotional distress to those persons.
The United States Attorney emphasizes that the charges in the indictment are merely accusations and that Lefebvre is presumed innocent unless and until he is proven guilty.
If convicted, Lefebvre faces up to five years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
This case was investigated by the FBI task force.
Lefebvre is represented by Assistant Federal Defender David McColgin. The prosecutor is Assistant U.S. Attorney Gregory Waples.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150years.
Additional Charges Filed Against Suburban Chicago Couple in Federal Child Labor Trafficking InvestigationRead the Press Release
CHICAGO — A federal investigation into child labor trafficking has resulted in additional criminal charges against a couple residing in a Chicago suburb who allegedly forced two undocumented Guatemalan children to provide labor and services for the couple’s private financial gain.
SANTOS TEODORO AC-SALAZAR, 24, and OLGA CHOC LAJ, 31, both of whom resided in Aurora, are charged with conspiracy to conceal, harbor, and shield from detection the two children, who were 15 years old and approximately ten years old when they entered the United States in 2019, according to an indictment returned in U.S. District Court in Chicago. The indictment also charges the defendants with individual harboring counts in connection with both victims, a forced labor charge relating to the younger victim, and a forced labor charge that was previously filed earlier this year in relation to the older victim.
The defendants are in law enforcement custody. Arraignments are scheduled for Dec. 30, 2020, at 11:00 a.m., before U.S. Magistrate Judge M. David Weisman.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; James M. Gibbons, Special Agent-in-Charge of the Chicago office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and Irene Lindow, Special Agent-in-Charge of the U.S. Department of Labor Office of Inspector General in Chicago. Substantial assistance in the investigation has been provided by the Kane County State’s Attorney’s Office, the Aurora Police Department, and the Illinois Department of Children and Family Services. The government is represented by Assistant U.S. Attorney Prashant Kolluri.
According to the indictment, Ac-Salazar and Choc Laj are Guatemalan citizens who agreed to separately enter the United States unlawfully. The pair used smugglers and third parties to locate the victims in Guatemala as the children with whom the pair would unlawfully enter into the U.S., the indictment states. Once in the U.S., Ac-Salazar and Choc Laj allegedly harbored the victims in a residence in Aurora by, among other things, failing to enroll the victims in school, prohibiting them from leaving the residence except in limited circumstances, and instructing them to provide false information to third parties, including law enforcement authorities. Ac-Salazar and Choc Laj also are alleged to have forced the victims to provide labor and services for the couple’s private financial gain.
The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
28 December 2020
Waterloo Man Sentenced to Federal Prison for Distributing Cocaine While on Federal Supervised ReleaseRead the Press Release
A man sold cocaine near a college in Dubuque, Iowa, was sentenced today to more than four years in federal prison.
Derrick Devale White, age 28, from Waterloo, Iowa, received the prison term after a guilty plea to distributing a controlled substance near a protected location on May 8, 2020. At the time he sold cocaine, White was on federal supervised release for distributing a controlled substance near a playground and a middle school in 2017.
White was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. White was sentenced to 36 months’ imprisonment on the new offense. White was also sentenced to 18 months’ imprisonment to be served consecutively on his supervised release revocation. He must also serve a nine-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Special Assistant United States Attorney Alexander Geocaris and investigated by the Dubuque Drug Task Force, the Dubuque Police Department, and the Dubuque County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-1020 and the supervised release case file number is 17-CR-1031.
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U.S. Attorney’s Office Collects Nearly $12 Million in Fiscal Year 2020Read the Press Release
OKLAHOMA CITY – The U.S. Attorney’s Office for the Western District of Oklahoma collected $11,900,775.79 in civil and criminal actions in the fiscal year that ended on September 30, 2020, announced U.S. Attorney Timothy J. Downing. Of this amount, the office collected $8,954,620.22 in civil actions and $2,946,155.57 in criminal actions.
The U.S. Attorneys’ Offices, along with the Justice Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the United States and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Justice Department’s Crime Victims Fund, which distributes the funds to federal and state victim compensation and victim assistance programs.
The Justice Department, as a whole, collected more than $15.9 billion in civil and criminal actions in fiscal year (FY) 2020, ending September 30, 2020. The $15,988,516,670 in collections in FY2020 represents more than five times the approximately $3.2 billion appropriated budget for the 94 U.S. Attorney’s Offices and the main litigating divisions of the Justice Department combined in that same period. The total includes all monies collected as a result of Justice Department-led enforcement actions and negotiated civil settlements. It includes more than $13.5 billion in payments made directly to the Justice Department, and more than $2.4 billion in indirect payments made to other federal agencies, states, and other designated recipients.
"Recovering money for victims in criminal cases and the return of taxpayer funds in civil cases are foundational elements of our pursuit of justice," said U.S. Attorney Downing. "The collections of fiscal year 2020 speak to the tremendous work of the women and men in my office and the dedication of our Financial Litigation Unit."
Highlights of the Western District of Oklahoma’s FY2020 collection efforts include:
- A $3 million civil settlement in December 2019 with LaForge & Budd Construction Company, Inc. in a dispute over alleged false claims for progress payments for work done in 2010 on the Lake George dam embankment at the Fort Sill Army Post in Lawton, Oklahoma.
- $2.8 million recovered in June 2020 from Tulsa -based contractor Ross Group Construction Corporation on claims they fraudulently obtained federal set-aside contracts reserved for disadvantaged small businesses.
- $488,491 recovered from a Texas oil and gas company, EnerVest Operating, L.L.C., for trespass claims arising from unapproved drilling, extraction, and selling of federal minerals.
- $110,490 in criminal restitution was collected in July 2020 from Ricky Erwin from proceeds he was entitled in a 2019 wrongful death case. Erwin was convicted in 2016 of tax evasion.
- A $70,000 Controlled Substances Act settlement in March 2020 with Floyd Smith, M.D., an anesthesiologist who practices in Oklahoma City, Oklahoma. The United States alleged that Dr. Smith issued prescriptions for controlled substances to family members in violation of state law, without maintaining medical files on the family members, and for no apparent medical purpose.
Those examples do not include additional recoveries from cases worked jointly with other Justice Department components. For instance, working jointly with colleagues in the Justice Department’s Civil Fraud section, the Western District of Oklahoma recovered $72.3 million in July 2020 to resolve health care kickback claims against Oklahoma Center for Orthopaedic and Multi-Specialty Surgery, a specialty hospital in Oklahoma City, its part-owner and management company, USP OKC, Inc. and USP OKC Manager, Inc., and Southwest Orthopaedic Specialists, PLLC (SOS), an Oklahoma City-based physician group. This is the second largest recovery in Western District of Oklahoma history.
Additionally, U.S. Attorney’s Office for the Western District of Oklahoma deposited $1,184,508 into the Justice Department’s Asset Forfeiture Fund in FY2020. This amount does not include proceeds from assets forfeited in 2020 that have yet to be sold. Many forfeited assets are returned to victims of crime. When that is not possible, forfeiture proceeds are deposited into a centralized fund and used to assist crime victims across the nation and for a variety of law enforcement purposes.
To download a photo of U.S. Attorney Downing, click here.
U.S. Attorney Justin Herdman announces final update on Operation LegendRead the Press Release
U.S. Attorney Justin Herdman announced the final update on Operation Legend law enforcement activities in the city of Cleveland today.
"In the city of Cleveland, Operation Legend has seen the arrest of 122 drug traffickers, firearms offenders, domestic violence convicts and other violent criminals this year,” said U.S. Attorney Justin Herdman. "Of this total, 61 defendants have been charged with narcotics-related offenses, 57 have been charged with firearms-related offenses and four have been charged with other violent crimes. This has been a challenging year for law enforcement due to the obstacles presented by the coronavirus pandemic and the rise in violent crime rates across the country. However, thanks to the work of local federal investigators, prosecutors, Cleveland Police, local community leaders, and others involved in this commitment to reduce violent crime, more than 120 violent offenders have been removed from the streets of our city. I'm proud of what we have accomplished in just a few months and believe that we are in a great position to continue this work well into 2021 and beyond. The resources provided to the city of Cleveland by Operation Legend are long-term and will not be going away anytime soon. This city and our community are now a safer place to live thanks to Operation Legend."
Operation Legend was launched nationwide in Kansas City, Missouri, on July 8, 2020, and in the city of Cleveland on July 29, 2020. Since that time, over 6,000 arrests – including approximately 467 for homicide – have been made nationwide. More than 2600 firearms have been seized and more than 32 kilos of heroin, 17 kilos of fentanyl, 300 kilos of methamphetamine, 135 kilos of cocaine and $11 million in drug and other illicit proceeds have been seized.
Of the 6,000 individuals arrested, approximately 1,500 have been charged with federal offenses. Approximately 815 of those defendants have been charged with firearms offenses, while approximately 566 have been charged with drug-related crimes. The remaining defendants have been charged with various offenses.
Attorney General William Barr announced the operation as a sustained, systematic and coordinated law enforcement initiative, in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. Operation Legend is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.
Tulsa Man Charged with Attempted Sexual Contact Following ‘Peeping Tom’ IncidentsRead the Press Release
A Tulsa man who allegedly attempted to sexually assault a victim after multiple ‘Peeping Tom’ incidents made an initial appearance today in federal court, announced U.S. Attorney Trent Shores.
Jesse Thomas Moore, 18, was charged with attempted sexual contact and first degree burglary. U.S. Magistrate Judge Paul J. Cleary set Moore’s detention hearing for Wednesday, Dec. 30, at 1 p.m.
“Jesse Moore is alleged to have looked into two victims’ windows and then entered their homes, in one incident attempting to sexually assault a young woman,” said U.S. Attorney Trent Shores. “The defendant is a danger to the Tulsa community. I am thankful for the Tulsa Police Department’s thorough investigative work and quick action to take Moore off our streets.”
According to court documents, Moore unlawfully entered a residence on Dec. 13, 2020, and attempted to rape a female victim. Video shows the suspect stepping onto the front porch, unscrewing the porch light then entering the residence at 6:36 a.m. then exiting the residence at 7:18 a.m. Moore was able to move around the residence without its occupants hearing him until the victim awoke to someone touching her. The suspect whispered, “Get the f**k up and don’t say anything or I’ll f**king kill you.” The suspect guided her to the living room where he attempted to rape the victim. As he covered her mouth, the victim bit the man’s right hand, causing him to let go and flee the scene.
The crime occurred after multiple Peeping Tom incidents earlier in the week at the same residence by the same defendant.
During the investigation, the Tulsa Police Special Victim’s Unit discovered that a second victim encountered similar incidents at her residence in South Tulsa, the latest occurring on Dec. 20, 2020, at 4 a.m. The woman initially noticed an unknown male in her back yard near the end of October. Then on Oct. 25, 2020, the male unlawfully entered her residence, looked around then left. She stated that the male had continually returned to her home, looking into windows. In another incident, she stated that her 12-year-old son was home when the suspect entered the home through the back door. He fled when he heard the son scream to his mother.
Video surveillance from both residences where these incidents occurred show the same suspect arriving and leaving in a black Range Rover.
Tulsa Police Detectives eventually located the black Range Rover, which checked back to Moore. Officers obtained a search warrant for Moore’s residence and discovered a pair of shoes, a sweater, and pants that allegedly matched those of the suspect seen on surveillance footage.
The Tulsa Police Department is the investigative agency. Assistant U.S. Attorney Joel-lyn A. McCormick is prosecuting the case.
This matter will proceed in United States District Court in Tulsa, where the Complaint is currently pending. A Complaint is a temporary charge alleging a violation of law. For the case to proceed to trial, the United States must present the charge to a federal Grand Jury within 30 days. Once a Grand Jury returns an Indictment, a defendant has a right to a jury trial at which the United States would have the burden of proving the defendant’s guilt beyond a reasonable doubt. All defendants are presumed innocent until proven guilty in a court of law.
Rapid City Woman Indicted on Witness Tampering ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Tampering with a Witness and Retaliation Against a Witness.
Whitney Bagola, age 26, was indicted on December 8, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on December 23, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 20, 2020, in South Dakota, Bagola physically assaulted a potential witness, by punching and kicking, in order to intimidate and retaliate against the potential witness.
The charges are merely accusations and Bagola is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Bagola was released on bond pending trial. A trial date has not been set.
Plea Date to be Rescheduled for Former SCANA CEORead the Press Release
Columbia, South Carolina --- United States Attorney Peter M. McCoy, Jr. announced today that, due to logistics, the plea by Kevin B. Marsh, former SCANA Corporation (SCANA) Chief Executive Officer and former Chairman of its Board of Directors, that was originally set for Tuesday, December 29 will be rescheduled. The U.S. Attorney’s Office will announce the rescheduled plea date, when it is available.
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Owner of Immigration Business Pleads Guilty to Defrauding USCIS and IRSRead the Press Release
West Palm Beach, FL. – On Monday, December 28th, Laura Luz Maria Torres Romero a/k/a Antonieta Mena, a/k/a Antonieta Vinkelried, a/k/a Antonieta Winkelried, of Lake Worth, Florida, the lead defendant in a $4 million scheme to defraud the US immigration and tax systems, pled guilty before U.S. District Judge Kenneth Marra, in the Southern District of Florida. Torres pled guilty to one count of conspiracy to commit immigration and mail fraud, one count of conspiracy to steal and launder government money, and one count of false statements to the US Department of Agriculture’s food assistance program. Co-conspirator Melanie Wilhelm, of West Palm Beach, previously pled guilty to the two conspiracy charges.
According to court documents, from approximately 2012 through March 2020, Torres, with the assistance of Wilhelm and other co-conspirators, operated a multiservice business, which provided immigration and other services to the public. The business operated under different names, including El Latino Multiservices, Inc., M&K Multiservices, Inc., L&L Document Services, Inc., and AYE Services, Inc. from different locations in Lake Worth and West Palm Beach, Florida. Torres was the true owner and controlled all aspects of the business.
Torres solicited clients primarily by word of mouth. Most of the clients who sought her assistance had illegally entered the United States many years earlier and were ineligible for asylum benefits. Most of her clients were from Guatemala or Honduras, did not speak English, had little formal education, and minimal knowledge of the immigration rules and procedures in the United States. Torres represented herself as an experienced and knowledgeable immigration document preparer, who could assist them with identifying the proper immigration program to secure legal status.
Torres would obtain background information from the clients, but never asked them if they had suffered persecution in their native countries. Although she had no information to support that the clients were eligible for asylum or other immigration benefits, Torres falsely prepared fraudulent asylum applications for her clients. Torres knowingly made up false and fictitious narratives of persecution the clients had purportedly suffered in their native countries. Most of the applications contained similar, and at times identical, stories of persecution.
Torres never showed the false and fraudulent asylum applications to the clients. Instead, she presented the clients with only the signature page and had them sign the asylum application in blank. More often, Torres, Wilhelm or another co-conspirator would simply forge the client’s name on the fraudulent asylum application. Torres never completed or signed the preparer section of the asylum application so that she could conceal from the United States Citizenship and Immigration Services (USCIS) her role in preparing the false applications. Torres, Wilhelm or another co-conspirator sent the false asylum applications to USCIS for processing.
Torres required the clients to pay up-front cash fees for her services. Torres’ fees varied from client to client and increased as the scheme went on, but typically ranged from $2,500 to $4,000 for the initial asylum application.
Torres knew the clients would be eligible to apply for employment authorization cards (“work permits”) if their asylum applicants were pending for more than 150 days. Torres routinely filed such applications for her clients, claiming that the clients were eligible for work permits based on the pending false asylum applications. Torres, Wilhelm or another co-conspirator forged the clients’ names on the fraudulent applications for employment authorization. Torres falsely listed her office address as the mailing address on the employment authorization applications so she would receive the work permits and all USCIS correspondence. When the work permits arrived, Torres demanded additional fees from the clients. If a client declined to pay the additional fees, Torres threatened to return the client’s work permit which, she claimed, would result in the client’s arrest and deportation.
Torres or a co-conspirator met with the clients at her office to prepare them for their asylum interviews. At the meetings, the clients saw the false and fraudulent asylum applications for the first time. Torres directed the clients to memorize the details of the false asylum claims and repeat them to the asylum officers. Torres warned the clients they would not be permitted to stay in the United States if they did not tell the asylum officer exactly what was written in their application.
During the course of the scheme, Torres collected more than $2 million in cash fees from hundreds of clients and filed approximately 1,000 false and fraudulent asylum and employment authorization applications. The false applications caused USCIS to issue work permits to hundreds of ineligible aliens. In addition, Torres, Wilhelm and their co-conspirators deceived and misled hundreds of clients by promising to provide them with legitimate immigration services and instead filing false immigration applications in their names and providing them with fraudulently procured work permits.
Throughout the immigration scheme, Torres and her co-conspirators obtained personal identifying information, including names, dates of birth, and social security numbers, from her immigration clients. Without the knowledge or consent of her clients, Torres used the information to prepare false and fraudulent tax returns, seeking significant refunds. The returns included one or more materially false statements, including false addresses, fake education credits, fictitious dependents, false childcare and earned income credits, and false business income, expenses and deductions.
Torres and the co-conspirators forged the clients' names on the fraudulent tax returns and then submitted the returns to the IRS. In support of the false and fraudulent tax returns, Torres, Wilhelm and the co-conspirators created and submitted to the IRS false and fictitious documents, including fake leases, fake childcare receipts, and fake business receipts.
During the first few years of the scheme, Torres directed the IRS to direct deposit the fraudulent refunds into a TD bank account, which Torres opened using a stolen identity. Later in the scheme, Torres had the IRS mail the fraudulent refund checks to the "home addresses" listed on the returns. These "home addresses" were in fact properties owned and/or controlled by Torres. Wilhelm and the co-conspirators would retrieve the fraudulent tax refund checks from the home addresses listed on the returns and deliver them to Torres. Torres, Wilhelm and other co-conspirators forged the names of the clients on the back of the refund checks. To conceal her receipt of and control over the refund checks, Torres arranged to have a co-conspirator attorney in California launder the refund checks through her attorney trust account, in return for a 10 percent fee. The co-conspirator attorney issued checks drawn on her attorney trust account for 90 percent of the value of the refund check. At Torres' direction, the co-conspirator attorney made the resulting checks for 90 percent of the proceeds payable to companies owned or controlled by Torres and then mailed the checks to Torres' office. Torres, Wilhelm or another co-conspirator deposited the checks issued by the co-conspirator attorney into business accounts controlled by Torres. The monies from these checks were withdrawn from the Torres company accounts by ATM withdrawals, checks or wire transfers and used by Torres to benefit herself, Wilhelm and the other co-conspirators.
During the course of the tax and money laundering scheme, which ran from approximately 2011 through April 2019, Torres used the names, dates of birth and social security numbers of the immigration clients to file over 200 false tax returns with the IRS, seeking fraudulent refunds totaling approximately $1.8 million.
While Torres was collecting millions of dollars from the immigration and tax fraud schemes, she also applied for benefits from the Supplemental Nutrition Assistance Program (SNAP). She received SNAP benefits from at least as early as 2008 through 2020. To establish her continued eligibility for SNAP benefits, Torres submitted annual recertification applications to the United States Department of Agriculture, through the Florida Department of Children and Families. In the recertification forms, Torres knowingly and willfully made numerous materially false statements, including that her name was “Antonieta A. Mena,” that she was a US citizen, that she had received no income other than Social Security benefits, and that her deceased mother was a member of the household. Based on her false statements, Torres received approximately $67,000 in SNAP benefits for which she was not eligible, during the period 2008 through 2020.
At sentencing, Torres faces a maximum penalty of 15 years in prison. Wilhelm faces a maximum penalty of 10 years in prison. Both Torres and Wilhelm also will be sentenced to supervised release, penalties, and restitution. Torres’ sentencing hearing is scheduled for March 12, 2021, in West Palm Beach before the Honorable U.S. District Judge Marra and Wilhelm is scheduled for sentencing on March 5, 2021.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, Special Agent in Charge Anthony Salisbury of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Miami Field Office, and Tyler R. Hatcher, Acting Special Agent in Charge, Internal Revenue Service-Criminal Investigation (IRS-CI), Miami Field Office, made the announcement.
HSI Miami and IRS-CI Miami investigated the case. Assistant U.S. Attorneys Adrienne Rabinowitz and Ellen Cohen prosecuted this case.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 20-80072-CR-MARRA/MATTHEWMAN.
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Justice Department Files Statement of Interest Urging Transparency in the Compensation of Asbestos ClaimsRead the Press Release
The Department of Justice today filed a Statement of Interest in In re Bestwall LLC in the U.S. Bankruptcy Court for the Western District of North Carolina. In this bankruptcy case, the debtor Bestwall LLC seeks to establish a trust to resolve its asbestos liabilities pursuant to 11 U.S.C. § 524(g), a provision in the Bankruptcy Code that provides the framework for responding to the unique issues associated with asbestos liability.
As part of the bankruptcy, the court will evaluate the submitted asbestos claims and estimate the amount of the debtor’s asbestos liabilities. In order to ensure the accuracy of the estimation, the debtor has asked the court to require asbestos claimants to fill out a questionnaire providing basic information about their claims and to authorize discovery from other asbestos trusts to which claimants have submitted claims. The department’s Statement of Interest supports these proposed procedures on the ground that they will further transparency in the evaluation of the submitted asbestos claims and ensure the reliability of the estimation of the debtor’s asbestos liabilities.
“It has become increasingly common for claimants’ counsel to seek duplicative recoveries from multiple sources by misrepresenting the asbestos products to which claimants were exposed,” said Deputy Assistant Attorney General Douglas Smith of the Justice Department's Civil Division. “Such duplicative claiming depletes resources that would otherwise be available to compensate deserving claimants filing claims in the future. Today’s Statement of Interest is one of many actions the department has taken over the last several years to encourage greater transparency in asbestos bankruptcy proceedings and prevent fraud.”
“In recent years, numerous courts and commentators have recognized that many asbestos claims are based on inaccurate or even fraudulent information,” said U.S. Attorney R. Andrew Murray for the Western District of North Carolina. “That lack of transparency in the compensation of asbestos claims has been a significant problem,”
Congress enacted 11 U.S.C. § 524(g) to create a comprehensive mechanism for addressing injuries caused by asbestos. Under section 524(g), asbestos-related claims may be channeled to a special trust created under the bankruptcy plan of reorganization, which then assumes responsibility for both the defense and payment of those claims. The trusts are managed by trustees, who often must secure support for major decisions from a “trust advisory committee,” whose members are often the same attorneys who represented asbestos claimants during the bankruptcy. Since 1994, more than 60 such trusts have been established by chapter 11 debtors with asbestos-related liabilities. According to the Government Accountability Office, asbestos bankruptcy trusts paid $17.5 billion from 1988 through 2011, and more recent studies estimate higher amounts.
Both courts and commentators have expressed growing concerns that claims submitted in these bankruptcies may be fraudulent. In 2014, the same bankruptcy court in which the United States today filed its Statement of Interest found a substantial pattern of misrepresentation in another case, In re Garlock Sealing Technologies LLC, 504 B.R. 71 (Bankr. W.D.N.C. 2014). The court found that, in a sample of asbestos claims submitted before the bankruptcy, in each and every case key evidence about asbestos exposure had been misrepresented or withheld. In several instances, plaintiffs made claims against defendants to whose products they had previously represented they had never been exposed. Similarly, several studies have demonstrated problems with claims submitted to asbestos trusts. One study found that, in the study period, people without malignant asbestos injury accounted for 86 percent of all claims made to the trusts and 37 percent of all trust payments. Another found that many of the claim forms submitted by the same claimants and law firms to different trusts contradicted each other. The secrecy with which asbestos claims are processed by asbestos trusts has facilitated the payment of claims that do not deserve compensation and has made it difficult to detect when plaintiffs are seeking a recovery based on inaccurate or fraudulent representations. Recognizing this problem, 16 states have already passed legislation requiring disclosure of basic information regarding other sources of asbestos compensation as well as the asbestos products to which claimants were exposed.
The United States’ Statement of Interest argues that there should be transparency in the estimation of asbestos claims in bankruptcy proceedings in order to prevent fraud and abuse. As the statement explains, courts presiding over asbestos bankruptcy cases increasingly are putting in place procedures requiring claimants to provide basic information documenting their allegations regarding product identification (and other elements of their claims) as well as any prior claims they have filed in the courts or with other asbestos trusts. Courts increasingly recognize that such transparency is critical to the fair and efficient resolution of asbestos claims.
Today’s filing is part of broader efforts by the department to look for opportunities to increase the transparency of asbestos bankruptcy proceedings and asbestos trusts in order to protect the interests of legitimate claimants and the United States. This includes objecting to bankruptcy plans that lack critical provisions to ensure transparency and accountability and to prevent fraudulent claims and mismanagement of asbestos trust funds, including provisions: that require compliance with the Medicare Secondary Payer Statute that notify claimants of their potential obligation to reimburse Medicare; that prevent excessive administrative costs and attorney contingency fees; that avoid conflicts of interest among members of the trust advisory committee; and that prevent payments to those who cannot demonstrate exposure to the defendants’ products or who have made inconsistent claims in other asbestos proceedings.
This matter is being handled by the Justice Department’s Civil Division with assistance from the U.S. Trustee Program and the U.S. Attorney’s Office for the Western District of North Carolina.
Justice Department Files Statement of Interest Urging Transparency in the Compensation of Asbestos ClaimsRead the Press Release
CHARLOTTE, N.C. – The Department of Justice today filed a Statement of Interest in In re Bestwall LLC in the United States Bankruptcy Court for the Western District of North Carolina. In this bankruptcy case, the debtor Bestwall LLC seeks to establish a trust to resolve its asbestos liabilities pursuant to 11 U.S.C. § 524(g), a provision in the Bankruptcy Code that provides the framework for responding to the unique issues associated with asbestos liability.
As part of the bankruptcy, the court will evaluate the submitted asbestos claims and estimate the amount of the debtor’s asbestos liabilities. In order to ensure the accuracy of the estimation, the debtor has asked the court to require asbestos claimants to fill out a questionnaire providing basic information about their claims and to authorize discovery from other asbestos trusts to which claimants have submitted claims. The department’s Statement of Interest supports these proposed procedures on the ground that they will further transparency in the evaluation of the submitted asbestos claims and ensure the reliability of the estimation of the debtor’s asbestos liabilities.
“In recent years, numerous courts and commentators have recognized that many asbestos claims are based on inaccurate or even fraudulent information,” said United States Attorney R. Andrew Murray for the Western District of North Carolina. “That lack of transparency in the compensation of asbestos claims has been a significant problem,”
“It has become increasingly common for claimants’ counsel to seek duplicative recoveries from multiple sources by misrepresenting the asbestos products to which claimants were exposed,” said Deputy Assistant Attorney General Douglas Smith. “Such duplicative claiming depletes resources that would otherwise be available to compensate deserving claimants filing claims in the future. Today’s Statement of Interest is one of many actions the department has taken over the last several years to encourage greater transparency in asbestos bankruptcy proceedings and prevent fraud.”
Congress enacted 11 U.S.C. § 524(g) to create a comprehensive mechanism for addressing injuries caused by asbestos. Under section 524(g), asbestos-related claims may be channeled to a special trust created under the bankruptcy plan of reorganization, which then assumes responsibility for both the defense and payment of those claims. The trusts are managed by trustees, who often must secure support for major decisions from a “trust advisory committee,” whose members are often the same attorneys who represented asbestos claimants during the bankruptcy. Since 1994, more than 60 such trusts have been established by chapter 11 debtors with asbestos-related liabilities.
According to the Government Accountability Office, asbestos bankruptcy trusts paid $17.5 billion from 1988 through 2011, and more recent studies estimate higher amounts.
Both courts and commentators have expressed growing concerns that claims submitted in these bankruptcies may be fraudulent. In 2014, the same bankruptcy court in which the United States today filed its Statement of Interest found a substantial pattern of misrepresentation in another case, In re Garlock Sealing Technologies LLC, 504 B.R. 71 (Bankr. W.D.N.C. 2014). The court found that, in a sample of asbestos claims submitted before the bankruptcy, in each and every case key evidence about asbestos exposure had been misrepresented or withheld. In several instances, plaintiffs made claims against defendants to whose products they had previously represented they had never been exposed. Similarly, several studies have demonstrated problems with claims submitted to asbestos trusts. One study found that, in the study period, people without malignant asbestos injury accounted for 86 percent of all claims made to the trusts and 37 percent of all trust payments. Another found that many of the claim forms submitted by the same claimants and law firms to different trusts contradicted each other. The secrecy with which asbestos claims are processed by asbestos trusts has facilitated the payment of claims that do not deserve compensation and has made it difficult to detect when plaintiffs are seeking a recovery based on inaccurate or fraudulent representations. Recognizing this problem, 16 states have already passed legislation requiring disclosure of basic information regarding other sources of asbestos compensation as well as the asbestos products to which claimants were exposed.
The United States’ Statement of Interest argues that there should be transparency in the estimation of asbestos claims in bankruptcy proceedings in order to prevent fraud and abuse. As the statement explains, courts presiding over asbestos bankruptcy cases increasingly are putting in place procedures requiring claimants to provide basic information documenting their allegations regarding product identification (and other elements of their claims) as well as any prior claims they have filed in the courts or with other asbestos trusts. Courts increasingly recognize that such transparency is critical to the fair and efficient resolution of asbestos claims.
Today’s filing is part of broader efforts by the department to look for opportunities to increase the transparency of asbestos bankruptcy proceedings and asbestos trusts in order to protect the interests of legitimate claimants and the United States. This includes objecting to bankruptcy plans that lack critical provisions to ensure transparency and accountability and to prevent fraudulent claims and mismanagement of asbestos trust funds, including provisions: that require compliance with the Medicare Secondary Payer Statute that notify claimants of their potential obligation to reimburse Medicare; that prevent excessive administrative costs and attorney contingency fees; that avoid conflicts of interest among members of the trust advisory committee; and that prevent payments to those who cannot demonstrate exposure to the defendants’ products or who have made inconsistent claims in other asbestos proceedings.
This matter is being handled by the Justice Department’s Civil Division with assistance from the U.S. Trustee Program and the U.S. Attorney’s Office for the Western District of North Carolina.
Grand jury indicts two men on charges of armed robbery and brandishing a firearmRead the Press Release
ST. LOUIS, MO – A federal grand jury indicted 21-year-old Malik Dorsey and 20-year old Darrion Gardner, both of St. Louis, Missouri, on several armed robbery and brandishing a firearm charges.
Dorsey faces two counts of armed robbery, one count of attempted armed robbery, and three counts of brandishing a firearm in furtherance of a crime of violence.
Gardner faces two counts of armed robbery and two counts of brandishing a firearm in furtherance of a crime of violence.
According to the indictment, on December 5, 2020, Dorsey and Gardner robbed the T-Mobile phone store in Overland while brandishing a firearm in furtherance of a crime of violence.
On December 7, 2020, Dorsey and Gardner robbed the Universal Wireless phone store in Breckenridge Hills while brandishing a firearm in furtherance of a crime of violence.
On December 9, 2020, Dorsey attempted to rob the Boost Mobile phone store in Maplewood while brandishing a firearm in furtherance of a crime of violence. During the attempted robbery, a store employee, who feared for his life, shot Dorsey.
Dorsey and Gardner, both out on bond in connection with another robbery, were wearing GPS ankle-monitoring bracelets as a condition of their release during the charged crimes.
Each count of armed robbery or attempted armed robbery carries a penalty of no more than 20 years in prison and/or a fine of up to $250,000.
Each count of possessing and brandishing a firearm in furtherance of a crime of violence carries a penalty of no less than seven years in prison and/or a fine of up to $250,000
Charges set forth in the indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The Federal Bureau of Investigation, along with the Breckenridge Hills, Maplewood, and Overland Police Departments, investigated this case.
FAUSA departs, criminal chief appointed 2nd in commandRead the Press Release
HOUSTON – The former criminal chief of the U.S. Attorney’s Office has been named First Assistant U.S. Attorney (FAUSA), announced U.S. Attorney Ryan K. Patrick.
Jennifer Lowery has been serving the office as criminal chief for the past three years under Patrick’s administration.
“Jennifer has served in influential positions throughout our office and the Department,” said Patrick. “Her experience has prepared her for this new role and I know she will be successful. She knows 2021 will be a very busy and challenging year for the office as operations eventually get back to normal.”
Lowery joined the Southern District of Texas (SDTX) in 2008, but has been with the Department of Justice since 2000. She first served as a Special Assistant U.S. Attorney and then an Assistant U.S. Attorney (AUSA) in the Eastern District of Texas. During this time, she was detailed to Washington D.C. and New York, New York, as a hearing officer for the 9/11 Victims’ Compensation Fund. She later worked in Washington D.C. in the Office of the Deputy Attorney General and Executive Office for US Attorneys in both their Counsel to Director’s Office and General Counsel’s Office.
While with the Southern District of Texas (SDTX), Lowery has served as an AUSA in the Major Offenders, Fraud and Organized Crime Drug Enforcement Task Force (OCDETF) Sections. She has also held the titles of Executive AUSA, deputy criminal chief of the Program Fraud Section, acting deputy criminal chief of the Major Fraud Section, senior litigation counsel and ethics advisor.
Lowery’s advancement comes as former FAUSA Tim Braley exists the office for a position in private practice. Braley served the SDTX for 17 years.
“Tim has been by my side since I was sworn in,” said Patrick. “There is nothing that has been accomplished or done for the benefit of the office without his input and advice. I know Tim will successful in his next chapter and he leaves the office with the gratitude of hundreds of colleagues. While I may be losing a trusted counselor, I am not losing a friend.”
Braley began his career with the SDTX in 2003, spending the majority of his tenure as an AUSA in OCDETF. In 2012, he became the deputy criminal chief of the Narcotics Enforcement/OCDETF Section and named chief of the Criminal Division in 2017. He served as Patrick’s FAUSA since January 2018.
The SDTX has the busiest criminal docket in the country. Prosecuting more cases against more defendants than most other USAOs nationwide, the SDTX represents 43 counties and nearly nine million people and covers 44,000 square miles. More than 200 attorneys and 500 total staff cover seven offices across the district.
Box Elder Man Sentenced to Federal Prison for RobberyRead the Press Release
United States Attorney Ron Parsons announced that a Box Elder, South Dakota, man convicted of Interference with Commerce by Robbery and Use and Brandishing of a Firearm During the Commission of a Crime of Violence was sentenced on December 14, 2020, by Judge Jeffrey L. Viken, U.S. District Court.
Johnathan Adkins, age 21, was sentenced to 9 ½ years in federal prison. As to the Robbery conviction, Adkins was sentenced to 2 ½ years in federal prison and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. As to the Firearm conviction, Adkins was sentenced to 7 years in federal prison, to be served consecutively to the Robbery sentence, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The convictions relate to Adkins and two other individuals robbing the Quality Inn and Big D at Rapid City in January 2020, and brandishing a pistol at an employee at each establishment.
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/opa/pr/attorney-general-william-p-barr-announces-launch-project-guardian-nationwide-strategic-plan
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Adkins was immediately turned over to the custody of the U.S. Marshals Service.
Armed Career Criminal Sentenced to More Than Sixteen Years for Possessing A Firearm and AmmunitionRead the Press Release
Orlando, Florida – United States District Judge Carlos E. Mendoza has sentenced Valdez Williams (61, Altamonte Springs) to 16 years and 8 months in federal prison for possessing a firearm and ammunition as a convicted felon. He was also ordered to forfeit the firearm and ammunition. At the time of the offense, Williams was on federal supervised released.
Williams had been found guilty by a federal jury on October 2, 2020.
According to evidence presented at trial, during the execution of a search warrant at Williams’s apartment, law enforcement officers found a .380 caliber firearm in Williams’s bedroom safe. Officers also found stolen property and a plate of cocaine base in the apartment. Williams admitted that he sold the cocaine base and had purchased the stolen property. Williams said that he had obtained the firearm for protection because his apartment had been burglarized a month earlier.
This case was investigated by the Seminole County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys Daniel P. Jancha and Karen L. Gable.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Attorney General William P. Barr Announces Results of Operation LegendRead the Press Release
WASHINGTON – Earlier today, Attorney General William P. Barr announced the results of Operation Legend, which was first launched in Kansas City, Missouri, on July 8, 2020, and then expanded to Chicago and Albuquerque, New Mexico, on July 22, 2020; to Cleveland, Ohio, Detroit, Michigan, and Milwaukee, Wisconsin, on July 29, 2020; to St. Louis, Missouri, and Memphis, Tennessee, on August 6, 2020; and to Indianapolis, Indiana, on August 14, 2020.
"Operation Legend removed violent criminals, domestic abusers, carjackers and drug traffickers from nine cities which were experiencing stubbornly high crime and took illegal firearms, illegal narcotics and illicit monies off the streets. By most standards, many would consider these results as a resounding success—amid a global pandemic, the results are extraordinary. I commend our federal law enforcement and prosecutors for seamlessly executing this operation in partnership with state and local law enforcement," said Attorney General Barr. "When we launched Operation Legend, our goal was to disrupt and reduce violent crime, hold violent offenders accountable and give these communities the safety they deserve in memory of LeGend Taliferro, whose young life was claimed by violent crime, undoubtedly, we achieved it."
Since Operation Legend’s launch on July 8, 2020, over 6,000 arrests – including approximately 467 for homicide – were made; more than 2600 firearms were seized; and more than 32 kilos of heroin, more than 17 kilos of fentanyl, more than 300 kilos of methamphetamine, more than 135 kilos of cocaine, and more than $11 million in drug and other illicit proceeds were seized.
Of the more than 6,000 individuals arrested, approximately 1,500 have been charged with federal offenses. Approximately 815 of those defendants have been charged with firearms offenses, while approximately 566 have been charged with drug-related crimes. The remaining defendants have been charged with various offenses.
The Attorney General launched the operation as a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. Operation Legend is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.
The Office of Community Oriented Policing Services (COPS Office) provided a total of $60 million to fund 290 officers as part of Operation Legend and related efforts. Additionally, the Office of Justice Programs (OJP) awarded nearly $9 million in grant funding to support Operation Legend.
Breakdown of Operation Legend charges:
Kansas City, MO.
196 defendants have been charged with federal crimes outlined below.
- 75 defendants have been charged with narcotics-related offenses;
- 107 defendants have been charged with firearms-related offenses; and
- 14 defendants have been charged with other violent crimes.
Chicago, Ill.
176 defendants have been charged with federal crimes outlined below.
- 40 defendants have been charged with narcotics-related offenses;
- 130 defendants have been charged with firearms-related offenses; and
- Six defendants have been charged with other violent crimes.
Albuquerque, NM.
167 defendants have been charged with federal crimes outlined below.
- 60 defendants have been charged with narcotics-related offenses;
- 85 defendants have been charged with firearms-related offenses; and
- 22 defendants have been charged with other violent crimes.
Cleveland, OH.
119 defendants have been charged with federal crimes outlined below.
- 60 defendants have been charged with narcotics-related offenses;
- 55 defendants have been charged with firearms-related offenses; and
- Four defendants have been charged with other violent crimes.
Detroit, MI.
100 defendants have been charged with federal offenses outlined below.
- 33 defendants have been charged with narcotics-related offenses;
- 64 defendants have been charged with firearms-related offenses; and
- Three defendants have been charged with other violent crimes.
Milwaukee, WI.
74 defendants have been charged with federal crimes outlined below.
- 34 defendants have been charged with firearm related offenses;
- 32 defendants have been charged with narcotic related offenses;
- Eight defendants have been charged with other violent crimes.
St. Louis, MO.
450 defendants have been charged with federal crimes outlined below.
- 193 defendants have been charged with narcotics-related offenses;
- 231 defendants have been charged with firearms-related offenses; and
- 26 defendants have been charged with other violent crimes.
Memphis, Tenn.
124 defendants have been charged with federal crimes outlined below.
- 53 defendants have been charged with narcotics-related offenses;
- 47 defendants have been charged with firearms-related offenses; and
- 24 defendants have been charged with other violent crimes.
Indianapolis, IN.
94 defendants have been charged with federal crimes outlined below.
- 18 defendants have been charged with narcotics-related offenses;
- 64 defendants have been charged with firearms-related offenses; and
- 12 defendants have been charged with other violent crimes.
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2020 busy year in the NDWVRead the Press Release
WHEELING, WEST VIRGINIA – U.S. Attorney Bill Powell is applauding the efforts of his staff, as well as law enforcement partners in the Northern District of West Virginia, for a highly-productive year, despite the pandemic.
The District saw a 27% increase in the number of criminal matters received for consideration, with charges brought against 300 defendants. Of the 300, 42% were drug related.
“Notwithstanding a pandemic our office concluded several major investigations. Our Assistant US Attorneys, support staff and law enforcement partners excelled and overcame the many obstacles incident to a public health crisis. Our office prosecutes more than its share of criminal offenses, but also has highly skilled civil lawyers and staff who protect government agencies in court and protect our tax dollars.” said Powell.
Some of the more notable cases in 2020 included the guilty plea of Reta Mays, who admitted murdering seven veterans and the assault of an 8th victim at the VA hospital in Clarksburg; the indictment of four men accused of being involved in the murders of three individuals, one of whom was kidnapped and taken across state lines in the Eastern Panhandle; and the guilty plea of Elizabeth Shirley, who admitted to kidnapping her daughter and retaining top secret national defense documents. (See links below.)
There were also several large-scale drug distribution operations that were dismantled, thanks to the good work of the District’s drug task forces, including the case of Jennifer Cuffman and 25 other defendants. The Cuffman case involved alleged traffickers from other states and West Virginia, trafficking drugs on Wheeling Island and the surrounding area. Read more here: https://www.justice.gov/usao-ndwv/pr/26-charged-drug-conspiracy-involving-heroin-fentanyl-crack-cocaine-and-meth-wheeling
Earlier this year in In Morgantown, U.S. Attorney Powell announced that 25 people were charged in a drug trafficking operation that spanned from Mexico to California to Texas to West Virginia. Learn more about that case here: https://www.justice.gov/usao-ndwv/pr/25-people-indicted-drug-trafficking-operation-spanned-several-states
A large multi-state drug trafficking operation was halted after charges were filed in September. The “19th Street Enterprise” case was announced at a press conference in Martinsburg. The case involved 22 people from Philadelphia, Maryland, Delaware, and West Virginia. For more: https://www.justice.gov/usao-ndwv/pr/22-people-indicted-drug-trafficking-enterprise-spanned-several-states
The District also successfully garnered a $50 million settlement with Wheeling Hospital, Inc., involving allegations concerning improper compensation to referring physicians. https://www.justice.gov/usao-ndwv/pr/west-virginia-hospital-agrees-pay-50-million-settle-allegations-concerning-improper
“In addition to the more publicized cases, many violent crimes, firearm offenses, child pornography, tax fraud, election fraud, health care fraud, among other crimes were prosecuted this past year. Numerous civil enforcements actions and prison litigation matters were also successfully concluded. The citizens of the Northern District of West Virginia were always the paramount concern of our office, and we are proud of our work on behalf of those citizens,” continued Powell.
For more information on the U.S. Attorney’s office and press, go to https://www.justice.gov/usao-ndwv.
- Mays case: https://www.justice.gov/usao-ndwv/pr/former-va-hospital-nursing-assistant-admits-murdering-seven-veterans-and-assault-intent
- Shirley case: https://www.justice.gov/usao-ndwv/pr/berkeley-county-woman-admits-willful-retention-top-secret-national-defense-documents
- Merrell et al case: https://www.justice.gov/usao-ndwv/pr/martinsburg-federal-grand-jury-indicts-four-kidnapping-and-murder-case
Hear from U.S. Attorney Powell here: https://www.youtube.com/watch?v=PMmhN6flrO42 Stratford Men Charged with Federal Car Theft OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that on December 22, 2020, a federal grand jury in New Haven returned an indictment charging CHRISTOPHER MULKERN, also known as “Chucky,” 21, and EDWIN CORDERO, 20, both of Stratford, with federal car theft offenses.
As alleged in court documents and statements made in court, the FBI, Connecticut State Police and local police are investigating multiple car theft rings in Connecticut. Mulkern, Cordero and others have stolen numerous motor vehicles, and used the stolen vehicles to travel throughout Connecticut and to neighboring states to steal other vehicles and the valuables inside, including credit cards, cellular telephones, and firearms. Mulkern and Cordero typically frequented upper middleclass neighborhoods to go “car-checking” or “jigging,” which involves an attempt to open the door of a motor vehicle and, if successful, steal the vehicle and/or valuables inside.
It is alleged that, on December 1, 2020, Mulkern and Cordero stole a Porsche Panamera from a residence in Westport, Connecticut. Shortly after midnight on December 2, law enforcement in Westerly, Rhode Island, identified the stolen Porsche and attempted to stop the car. The Porsche drove recklessly, at speeds of at least 86 mph, between Rhode Island and Connecticut, and evaded police who, for safety reasons, were forced to terminate pursuit.
It is further alleged that, at approximately 4 a.m. on December 2, Mulkern, Cordero and others used the stolen Porsche to steal a Dodge Challenger from a residence in Milford, Connecticut. In the evening of December 2, Stratford Police spotted and attempted to stop the Porsche. During the pursuit, the Porsche rammed a car stopped at a red light at an intersection, drove up on the sidewalk and through the red light, and then struck a second vehicle, causing the second vehicle to flip onto its roof. The damaged Porsche then traveled on I-95 into Bridgeport, where Mulkern and Cordero were apprehended as they attempted to enter another stolen Audi A4 that was parked on Gregory Street.
It is alleged that a search of the stolen Audi revealed approximately 13 key fobs for other vehicles, and a search of the Porsche revealed five cellphones. In addition, Mulkern possessed two stolen credit cards, and Cordero possessed a key fob for the stolen Dodge, which was subsequently located parked on Main Street in Bridgeport.
Mulkern has been detained since December 2. Cordero, who was released after his state arrest, was arrested on a federal criminal complaint on December 15 and is currently released on a $30,000 bond. Mulkern and Cordero are scheduled for arraignment on January 6 at 1 p.m. via videoconference.
The indictment charges Mulkern and Cordero with one count of transportation of a stolen vehicle and one count of possession of a stolen vehicle. Both charges carry a maximum term of imprisonment of 10 years.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation, the Connecticut State Police and the Stratford, Milford, Stonington, Westport, Bridgeport, New Haven, Meriden, and Westerly (R.I.) Police Departments. The case is being prosecuted by Assistant U.S. Attorney Sarah P. Karwan.
24 December 2020
United States Attorney Cody Hiland Announces ResignationRead the Press Release
LITTLE ROCK— United States Attorney Cody Hiland, 48, of Conway, has announced his resignation as United States Attorney for the Eastern District of Arkansas, effective 11:59 p.m. on December 31, 2020. After his resignation, he plans to pursue opportunities in the private sector.
Hiland, a graduate of the University of Central Arkansas and the University of Arkansas at Little Rock William H. Bowen School of Law, had previously served as the elected Prosecuting Attorney for the 20th Judicial District of Arkansas.
Hiland makes the following statement about his departure:
The opportunity afforded me to represent the exceptional people of this great nation as a United States Attorney has been the highest honor and most fulfilling duty of my public career. I can think of no higher calling nor any greater responsibility in the legal community than the privilege of bearing the burden of seeking justice. It is a sobering responsibility that requires discipline of emotion, sharpness of mind, and a love for both the people you serve and the Constitution that protects us all. The pursuit of that purpose is, in itself, a great reward. But doing so alongside the committed public servants that work in the U.S. Attorney’s Office and possess those rare qualities is a gift that I will always cherish. That the Assistant U.S. Attorneys in this small district have the sixth largest caseload out of 94 districts is nothing short of remarkable and is a testament to their commitment and work ethic. Any success attributable to this office over the last three years belongs to each and every member of our staff. I am simply proud to be associated with their tireless efforts.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
Statement of U.S. Attorney McSwain Regarding Court Ruling in Philadelphia Vietnam Veterans Memorial Society v. Kenney, et al.Read the Press Release
PHILADELPHIA, PA – On Wednesday, December 23, 2020, U.S. District Court Judge Nitza I. Quinones Alejandro issued a Memorandum Opinion on Plaintiff’s Motion for a Preliminary Injunction. Plaintiff alleged that the City had an unconstitutional policy of treating protests more favorably than other First Amendment-protected activity, such as parades. While the Opinion denied the Plaintiff’s Motion, it did so on the basis that the City has abandoned its policy.
I want to congratulate the Philadelphia Vietnam Veterans Memorial Society for successfully protecting the First Amendment rights of all Philadelphians. Its lawsuit has achieved its purpose: the court has now confirmed that the City has abandoned its policy of favoring protests over other constitutionally protected speech, like parades.
The U.S. Attorney’s Office first objected to the City’s policy back on July 22, 2020, when I wrote a letter to City Solicitor Marcel Pratt. In that letter, I outlined the various unconstitutional aspects of the City’s July 14, 2020 Special Events Moratorium and explained how the City could not “pick and choose” by banning parades or other First Amendment-protected activity while simultaneously allowing and supporting protests. Unlike the City’s July 14, 2020 policy, the First Amendment does not discriminate.
Soon thereafter, the Vietnam Veterans Memorial Society also objected to the City’s policy. In response, the City “expressly rescinded the restrictions” in the July 14, 2020 policy, as the court explained. Significantly, organizations may now “hold a parade without a permit, on equal footing with all other events, and without threat of being dispersed,” according to the court.
Thus, any organization that wants to express a message via an outdoor parade in Philadelphia can have at it – the City cannot and will not stop you. And if the City attempts to return to the days of discriminating against certain types of speech, it will find itself right back in court.
Justice Department Applauds Passage of the Criminal Antitrust Anti-Retaliation ActRead the Press Release
On Dec. 23, 2020, President Donald J. Trump signed into law the Criminal Antitrust Anti-Retaliation Act (the “Act”), which prohibits employers from retaliating against certain individuals who report criminal antitrust violations. The Act was sponsored by Senator Chuck Grassley, passed the Senate on Oct. 17, 2019, and passed the House of Representatives on Dec. 8, 2020.
“We thank the President, the Senate, and the House of Representatives for their bipartisan commitment to criminal antitrust enforcement,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “By incentivizing disclosures of anticompetitive conduct, the Act will strengthen the Antitrust Division’s criminal enforcement program, a cornerstone of our mission to protect the American consumer.”
The Act supplements a range of recent initiatives designed to support the detection, investigation, and prosecution of criminal antitrust violations. Last month, the Antitrust Division celebrated the one-year anniversary of the Procurement Collusion Strike Force with the addition of 11 new national partners. The Procurement Collusion Strike Force is a coordinated national response to combat antitrust and related schemes in government procurement, grant, and program funding at all levels of government. In October 2020, the division applauded President Trump’s authorization of the Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act, which had been supported by the department. In July 2019, the division announced a new policy designed to incentivize corporate compliance with the antitrust laws.
From Fiscal Year 2010 to 2019, the Antitrust Division’s criminal prosecutions have resulted in over $9 billion in criminal fines and penalties, along with jail terms for more than 250 individuals. Since the fall of 2019 alone, courts have imposed four criminal fines and penalties at or above the Sherman Act’s $100 million statutory maximum, and the division has prosecuted antitrust violations affecting generic drugs, cancer patients, grocery store staples, and financial markets.
Grand jury indicts four men accused of drug trafficking, firearms violations and committing a narcotics-related murderRead the Press Release
ST. LOUIS, MO – A federal grand jury indicted, Wednesday, four people accused of conspiracy to distribute fentanyl, distribution of fentanyl, possession of firearms in furtherance of drug trafficking and possession of firearms in furtherance of drug trafficking, resulting in death.
According to the indictment, beginning in October 2019, Franklin Bell, Arrion Jones and Deoman Reeves conspired to distribute and possess with intent to distribute fentanyl.
On October 21, 2019, Bell, Reeves and Deronte McDaniels possessed one or more firearms in furtherance of the commission of a drug trafficking crime. During this violation, they caused the death of David Anderson by shooting him.
On November 4, 2019, Bell, Reeves and Jones possessed with the intent to distribute fentanyl and possessed one or more firearms in furtherance of the commission of a drug trafficking crime. Reeves possessed a firearm, which he sold to the ATF, knowing he had previously been convicted of a felony.
On November 18, 2019, Bell possessed with the intent to distribute fentanyl.
On November 19, 2019, Bell and Reeves possessed with the intent to distribute fentanyl and possessed one or more firearms in furtherance of the commission of a drug trafficking crime. Reeves again possessed a firearm as a convicted felon before selling that firearm to the ATF.
On December 10, 2019, Reeves possessed with the intent to distribute fentanyl.
On December 13, 2019, Bell and Jones possessed with the intent to distribute fentanyl.
On January 6, 2020, Bell and Jones possessed with the intent to distribute fentanyl.
Charges set forth in the indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent of all charges unless and until proven guilty.
The Bureau of Alcohol, Tobacco, Firearms & Explosives and the University City Police Department is handling the investigation. Assistant United States Attorney Paul D’Agrosa is handling the case.
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Convicted Felon Sentenced to Prison for Illegally Possessing A Semi-Automatic Rifle After Leading Police on A High-Speed ChaseRead the Press Release
ALBANY, Ga. – A convicted felon arrested with an assault rifle and 15 rounds of ammunition in Lanier County was sentenced to eight years in prison for illegally possessing the firearm, said Peter D. Leary, the Acting U.S. Attorney for the Middle District of Georgia.
Blake Richard Ruis, 26, of Valdosta, was sentenced to serve 96 months in prison by U.S. District Judge Louis Sands on Thursday, December 17, to be followed by three years of supervised release. Ruis previously pleaded guilty to one count of possession of a firearm by a convicted felon on June 16, 2020. There is no parole in the federal system.
On May 8, 2019, a Lanier County Sheriff’s Deputy on patrol observed the defendant driving his Ford Mustang erratically and activated his emergency lights. The defendant failed to stop, and a pursuit ensued with the Mustang reaching speeds in excess of 115 mph. Ruis ultimately lost control of his vehicle, striking several stop signs before giving up the chase. Ruis was taken into custody without incident. Inside Ruis’s car, the arresting officer found a loaded High Point 9mm rifle and 15 rounds of ammunition belonging to the defendant. Ruis has prior felony convictions in the Superior Court of Lowndes County for possession with intent to distribute methamphetamine, theft by taking and theft by conversion.
“This convicted felon endangered the community by illegally possessing a gun and made things worse by leading the police on a dangerous, high-speed chase. He will have eight years in federal prison without parole to reflect on his actions,” said Acting U.S. Attorney Leary. “I want to thank the FBI and the Lanier County Sheriff’s Office for their work taking this defendant off the streets.”
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The 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/archives/projectguardian.
This case was investigated by the FBI and the Lanier County Sheriff’s Office. Assistant U.S. Attorney Sonja Profit prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Antioch Nurse Charged with Possession of Child PornographyRead the Press Release
OAKLAND –Shawn Jamison Prichard was charged in a criminal complaint with possession of child pornography announced United States Attorney David L. Anderson and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King.
According to the complaint filed December 22, 2020, and unsealed this morning, Prichard, 41, of Antioch, allegedly possessed at least one image of child pornography involving the use of a prepubescent minor engaged in sexually explicit conduct. Prichard is a licensed nurse in California. The criminal investigation in this case began with a tip from a social media company based on defendant’s use of a messaging service to send images of child pornography. Prichard is charged with possession of child pornography, in violation of 18 U.S.C. § 2252.
Prichard made his initial federal court appearance in federal court this morning before U.S. Magistrate Judge Susan van Keulen. His next appearance is a detention hearing scheduled for December 29, 2020, at 10:30 a.m., before U.S. Magistrate Judge Laurel Beeler.
A criminal complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of 10 years (20 years if the images depict pre-pubescent children), and a fine of $250,000, plus restitution, if appropriate. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Jonathan U. Lee is prosecuting the case with the assistance of Jessica Rodriguez Gonzalez and Kathleen Turner. The prosecution is the result of an investigation by the Silicon Valley Internet Crimes Against Children Task Force and HSI.
23 December 2020
Woman Arrested and Charged with Making Threats Against Chair of Wayne County Board of CanvasersRead the Press Release
DETROIT – A criminal complaint was filed yesterday against a resident of Epping, New Hampshire for sending threatening communications to the chair of the Wayne County Board of Canvasers (Adult Victim-1), announced United States Attorney Matthew Schneider.
Schneider was joined in the announcement by Special Agent in Charge Timothy Waters, Federal Bureau of Investigation, Detroit, Michigan and Director John Kosanke, Grosse Pointe Woods Police Department.
Charged was Katelyn Jones, 23, formerly of Olivet, Michigan. Jones was arrested this morning and will be making her initial appearance in federal court this afternoon.
“The allegations in this case should make all of us disgusted,” stated United States Attorney Schneider. “There is simply no place in Michigan, or in the United States, for chilling threats like this to people who are simply doing what they believe is correct.”
“Due to the potential wide scope of the investigation, we contacted the F.B.I. for their assistance in this case,” said Director Kosanke. “As a result of the combined efforts between the F.B.I. and our investigative team, led by Detective Ryan Schroerlucke, federal felony charges were filed. I would like to express appreciation to the Federal Bureau of Investigation for their assistance in this investigation.”
According to the affidavit, on November 18, 2020, Jones is alleged to have knowingly and willfully transmitted communications containing threats to injure AV-1 and her family due to actions AV-1 took in her official capacity at Chair of the Wayne County Board of Canvasers. The affidavit describes a series of threatening text messages that were sent from a phone alleged to be associated with Jones to AV-1’s phone. In those texts Jones called AV-1 a racist and a terrorist and used graphic and profane language. It is also alleged that Jones sent AV-1 two graphic photographs of a bloody, naked, mutilated, dead woman lying on the ground. Immediately following, Jones sent AV-1 a photograph of AV-1’s minor daughter. AV-1 also received similar threats on her Instagram account.
If convicted, Jones faces up to 20 years in federal prison, and a fine of up to $250,000.
A complaint is only a charge and not evidence of guilty. Defendant Jones is innocent until proven guilty. The burden of proving these charges lies entirely on the United States, and that burden never shifts to the defendant.
U.S. Government and the State of Illinois Reach Agreement with Peoria and the Greater Peoria Sanitary District to Reduce Water Pollution from Sewer SystemRead the Press Release
The U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice, and the state of Illinois today announced an agreement with the city of Peoria and the Greater Peoria Sanitary District (GPSD) that will yield significant reductions of sewage discharges from Peoria’s wastewater systems into the Illinois River and Peoria Lake.
The settlement resolves Clean Water Act violations by the city of Peoria and GPSD related to combined sewer overflows (CSOs) and National Pollutant Discharge Elimination System (NPDES) permit exceedances.
Under the proposed consent decree Peoria will implement a remedial measures program that will significantly reduce CSO discharges to the Illinois River and Peoria Lake. Peoria’s combined sewer system is currently overwhelmed by stormwater runoff during heavy rain or snow, causing CSO discharges to the Illinois River and Peoria Lake. These discharges consist of untreated human waste mixed with stormwater and contain high concentrations of bacteria, sediment, and other pollutants that impair water quality in the Illinois River and Peoria Lake.
The proposed consent decree provides Peoria flexibility to choose and build projects at periodic intervals as necessary to meet performance standards, reducing the number and volume of CSO discharges over time as projects are implemented. Peoria plans to use a high proportion of green infrastructure (e.g., permeable pavement, rain gardens, and bioswales) to achieve its performance criteria. Peoria’s overall CSO controls are estimated to cost approximately $129 million and will be completed by Jan. 1, 2040, with four interim milestones to ensure progress.
“This consent decree resolves years of violations by Peoria and GPSD of the Clean Water Act’s requirements relating to municipal sewer systems,” said Principal Deputy Assistant Attorney General Jonathan D. Brightbill of the Justice Department’s Environment and Natural Resources Division. “The agreement will dramatically reduce the volume of pollutants discharged to the Illinois River and Peoria Lake and represents a successful collaboration between the United States and state of Illinois to reach a promising solution.”
“This settlement will provide a model for other communities that want the opportunity to demonstrate the effectiveness of green infrastructure and the flexibility to take advantage of improvements in green infrastructure technology over time,” said Susan Bodine, EPA Assistant Administrator for the Office of Enforcement and Compliance Assurance. “I want to thank the state of Illinois and the city for working with EPA to develop a creative solution that will benefit city residents and surrounding communities through better water quality and enhanced recreational opportunities.”
“This consent decree strengthens protections of our state waterways by reducing pollution in the Illinois River and Lake Peoria,” said Illinois Attorney General Kwame Raoul. “Both bodies of water provide recreational opportunities for area residents. Under the consent decree, the city of Peoria will take important steps, such as utilizing green remedies, to improve water quality.”
The settlement also requires GPSD to implement improvements to maximize the flow of combined sewage from Peoria to its Wastewater Treatment Plant (WWTP), including cleaning its portion of the combined sewer system. GPSD will also eliminate the discharges from two remote treatment units within its sanitary sewer system by July 1, 2028. GPSD’s work will cost approximately $25 million and will be fully completed by 2032.
After the implementation of both Peoria and GPSD’s CSO controls, the average annual CSO discharges will be reduced by approximately 92 percent. In addition, approximately 696,000 pounds of pollutants will be prevented from being discharged to the Illinois River and Peoria Lake each year. The CSO reductions will improve water quality in the Illinois River and Peoria Lake and will allow for enhanced recreational opportunities.
The proposed consent decree also requires Peoria to develop a public participation plan that will involve Peoria’s residents in the implementation of the CSO remedial measures program and an enhanced CSO notification system to alert the public when a CSO occurs through a personal email address, if provided, or Peoria’s publicly available website. Finally, the settlement requires Peoria to pay a $100,000 civil penalty and perform a state supplemental environmental project. For the civil penalty, Peoria will pay the United States $75,000 and pay Illinois $25,000. The supplemental environmental project requires Peoria to perform stream and gulley restoration for Turkey Creek in the Springdale Cemetery area. In addition, GPSD will pay a $150,000 civil penalty, split evenly between the United States and Illinois.
The proposed consent decree is subject to a 30-day public comment period and final court approval after it is published in the Federal Register.
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 year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney’s Office in South Carolina Collects over $56 Million for U.S. Taxpayers in 2020Read the Press Release
Charleston, South Carolina --- U.S. Attorney Peter M. McCoy, Jr. announced today that the U.S. Attorney’s Office for the District of South Carolina collected over $56 million in criminal, civil and asset forfeiture actions in Fiscal Year (FY) 2020.
The office collected $53,839,927.39 in criminal and civil actions in FY 2020. Of this amount, $49,000,580.36 was collected in civil actions and $4,839,347.03 was collected in criminal actions.
Working with partner agencies and divisions, the office also collected $2,544,402 in asset forfeiture actions in FY 2020. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
“I am extremely proud of the hard work of the consummate professionals in our U.S. Attorney’s Office,” said U.S. Attorney McCoy. “From our team’s work, we have been able to collect over $56 million this year – money that allows us to protect South Carolinians, seek justice for victims of crime, and seek harsh punishment for criminals.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
As a whole, the Justice Department collected more than $15.9 billion in civil and criminal actions in FY 2020. This amount represents more than five times the approximately $3.2 billion appropriated budget for the 94 U.S. Attorneys’ offices and the main litigating divisions of the Justice Department combined in that same period. The total includes all monies collected through Justice Department-led enforcement actions and negotiated civil settlements. It includes more than $13.5 billion in payments made directly to the Justice Department, and more than $2.4 billion in indirect payments made to other federal agencies, states and other designated recipients.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney’s Office for the Eastern District of North Carolina Collects $7,077,577.63 in Civil and Criminal Actions in Fiscal Year 2020, and $4.4 Million in Asset Forfeiture ActionsRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced today that the Eastern District of North Carolina collected $7,077,577.63 in criminal and civil actions in Fiscal Year 2020. Of this amount, $3,728,529.18 was collected in criminal actions and $3,349,048.45 was collected in civil actions. Additionally, over $4.4 million was collected in asset forfeitures.
Overall, the Justice Department collected more than $15.9 billion in civil and criminal actions in fiscal year (FY) 2020 ending Sept. 30, 2020. The $15,988,516,670 in collections in FY 2020 represents more than five times the approximately $3.2 billion appropriated budget for the 94 U.S. Attorneys’ offices and the main litigating divisions of the Justice Department combined in that same period. The total includes all monies collected as a result of Justice Department-led enforcement actions and negotiated civil settlements. It includes more than $13.5 billion in payments made directly to the Justice Department, and more than $2.4 billion in indirect payments made to other federal agencies, states and other designated recipients.
As part of its efforts to stop the reckless dispensing of opioids and other controlled substances, the Eastern District of North Carolina collected a $600,000 civil penalty from Farmville Discount Drugs and its owner Robert L. Crocker for multiple violations of the Controlled Substances Act that placed many of its patrons in danger of serious addiction and overdose. The civil judgment and permanent injunction levied against Farmville and Crocker resulted in each losing their license to dispense controlled substances.
Additionally, the Office has taken aggressive efforts to collect restitution for crime victims ordered by the United States District Court, resulting in millions of dollars collected for crime victims. As an example, after pleading guilty to receiving child pornography, William Trevor Soloff was sentenced to 151 months’ imprisonment and ordered to pay $36,000 in restitution to victims of the child pornography associated with his offense and a $5,000 assessment pursuant to the Justice for Victims of Trafficking Act of 2015. The Office garnished a 401(k) account belonging to Soloff to satisfy the judgment in full.
“Our office uses every available tool in our arsenal to vigorously litigate and aggressively collect victim restitution and criminal fines, and recover taxpayer dollars that are either lost to fraud or otherwise owed to government agencies,” said Mr. Higdon. “We are proud of the men and women in our office who work so hard to pursue justice through their prompt and effective collection efforts.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Additionally, the U.S. Attorney’s Office in the Eastern District of North Carolina, working with partner agencies and divisions, collected $4,445,776 in asset forfeiture actions in FY 2020. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund can be used for a variety of purposes, including to support law enforcement. In certain circumstances, they can also be used to restore funds to crime victims. The Department of Justice, for instance, restored at least $1.1 million in assets forfeited by the United States Attorney’s Office for the Eastern District of North Carolina in Fiscal Year 2020, which assets have been used to compensate the victims of crimes prosecuted by this office.
“The forfeiture of assets which facilitate crimes or which are the fruits of the crime deprives the criminals of the means and reasons for their criminal activity,” Mr. Higdon stated. “Asset forfeiture serves an important law enforcement interest. We will continue to aggressively follow the money so that we can financially disrupt and dismantle criminal organizations and restore funds to victims of crime.”
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney's Office Announces: (1) Funding to Hire Prosecutor to Combat Unemployment Insurance Fraud and (2) Charges Against Man for Unemployment Insurance FraudRead the Press Release
LAS VEGAS, Nev. – U.S. Attorney Nicholas A. Trutanich announced today that the District of Nevada has received funding from the Department of Justice to hire a dedicated prosecutor to combat CARES Act unemployment insurance fraud.
The District of Nevada has been allocated funding to hire an Assistant United States Attorney for a one-year term, who will focus on prosecuting cases involving fraudulent schemes to unlawfully obtain unemployment insurance (UI) benefits and related offenses through the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020.
“If fraudsters don’t understand it by now, they should quickly realize that our office is prioritizing the investigation and prosecution of those trying to exploit the unemployment system and harm Nevadans in need,” said U.S. Attorney Trutanich. “The additional resources from the Department of Justice will help us accomplish that goal for Nevada.”
The CARES Act allocated $270 billion for supplemental federal UI benefits. Additionally, President Trump directed that $44 billion in federal Disaster Relief Funds be used to provide supplemental UI benefits to eligible claimants. The substantial increase in funding for UI benefits spurred a dramatic spike in UI fraud across the country, resulting in the theft of federal funds intended to help those struggling with unemployment during the current pandemic and economic crisis.
On October 15, 2020, the U.S. Attorney’s Office announced six federal criminal complaints charging ten defendants with crimes associated with unemployment insurance fraud. Since then, the Office has continued to investigate those who seek to steal taxpayer dollars meant for out-of-work Nevadans. For example, on December 21, an unlawfully-present alien, Alan Ray, was charged with federal crimes in connection with unemployment insurance fraud based on his possession of multiple unemployment debit cards not in his name. Ray, 33, of England, has been charged with one count of possession of counterfeit and unauthorized access devices and one count of aggravated identity theft.
According to allegations in the complaint, on October 27, 2020, a casino in Las Vegas reported the discovery of a package containing, among other things: 24 unemployment insurance benefits debit cards from Nevada Department of Employment, Training and Rehabilitation (DETR) and the California Employment Development Department (EDD), all in different names; two notebooks containing the personal identifying information (PII) of more than 80 individuals, including the PII of all 24 debits cards in the package; and four mailbox rental applications and associated mailbox keys. Ray attempted to ship the package to an address in Houston, Texas, and later attempted to retrieve the package from the casino. The complaint further alleges that Ray used multiple identities during the course of the investigation, represented himself as a U.S. citizen when he is not, and was previously deported in 2011. Investigation revealed that at least 60 unemployment insurance claims were filed with DETR and EDD using the PII contained in the notebooks, in an effort to obtain at least $1,149,250 in unemployment insurance benefits.
The case was investigated by the FBI with assistance from U.S. Department of Labor – Office of Inspector General. Assistant U.S. Attorney Jim Fang is prosecuting the case.
A complaint merely alleges that a crime has been committed. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Individuals who believe that someone is fraudulently using their identity to apply for unemployment benefits should file a complaint through the FBI’s Internet Crime Complaint Center (IC3) at www.ic3.gov and to DETR’s Fraud Report.
The public is encouraged to continue to report wrongdoing relating to the pandemic to the Department of Justice’s National Center for Disaster Fraud (NCDF) and to remain vigilant against bad actors looking to exploit this national emergency. To report a scam relating to COVID-19, you can report it without leaving your home by calling the NCDF Hotline at 1-866-720-5721 or via the NCDF Web Complaint Form, available at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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