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22 December 2020
Rawlins Doctor Sentenced for Unlawful Distribution of Prescription Pain PillsRead the Press Release
Dr. DAVID RAY CESKO, 66, of Rawlins, Wyoming was sentenced on December 21st in U.S. District Court by Chief Federal District Court Judge Scott W. Skavdahl following a guilty plea to multiple charges that, as a physician, Cesko unlawfully distributed controlled substances, primarily opiates and benzodiazepines, to his patients. Cesko received a sentence of sixty months of imprisonment, to be followed by seventy-two months of supervised release, and ordered to pay community restitution in the amount of $400.00 and a $2000.00 special assessment.
“Physicians hold a position of trust and we rely on them act in the interest of their patients, not prescribe medications inappropriately or without medical necessity,” said U.S. Attorney Mark Klaassen. “Dr. Cesko abused his privilege as a prescriber for his personal benefit and must be held accountable.”
Cesko was charged by a Wyoming federal grand jury in March of 2019 in a thirty count indictment following a lengthy, collaborative investigation by the Wyoming Division of Criminal Investigation and the Drug Enforcement Administration. The charges alleged that Cesko had, without a legitimate medical purpose and outside the course of professional practice, unlawfully prescribed pain killers and other controlled substances to multiple patients. Some evidence indicates that Cesko’s romantic interest in certain female patients may have motivated his actions. At the hearing in February, pursuant to a plea agreement, Cesko pleaded guilty to twenty of the original charges, including charges that he unlawfully prescribed codeine cough syrup and opiates to minor, female patients, and, on several occasions, that he unlawfully prescribed opiates to a pregnant minor.
As part of the plea agreement Cesko also agreed to forever relinquish his medical license and prescription authority. Assistant United States Attorney Stuart S. Healy III represented the government.
“It’s clear that Dr. Cesko was not upholding his oath to do no harm when he was fraudulently prescribing medication to his patients,” said Deanne Reuter Special Agent in Charge, DEA Denver Field Division. “The DEA will be there to make sure doctors who violate their oath in this manner will be held accountable under the law.”
Presidential Commission on Law Enforcement and the Administration of Justice Releases Final ReportRead the Press Release
Today, following months of virtual meetings, testimony and study, U.S. Attorney General William P. Barr submitted the final report of the President’s Commission on Law Enforcement and the Administration of Justice to the White House. This report represents the first comprehensive study of law enforcement in more than 55 years.
On Oct. 28, 2019, President Donald J. Trump signed Executive Order No. 13896, which directed the Department of Justice to establish the “Commission on Law Enforcement and the Administration of Justice.” The purpose of the Commission was to conduct a modern study of the state of American policing and determine specific measures to reduce crime and promote the rule of law. At the conclusion of this study, the Commission was to issue a report.
“This report is the result of significant effort and commitment by hundreds of working group members, dozens of staff, nearly 200 individual testimonies, and of course the 18 distinguished commissioners, who, as I’ve said before, truly reflect the best there is in law enforcement,” said Attorney General Barr. “We could not have foreseen the challenges 2020 would present when we set out to accomplish our goal of researching important current issues facing law enforcement and the criminal justice system. Yet despite these challenges, the Commission produced a thoughtful and comprehensive report.”
At a ceremony in January 2020, Attorney General Barr announced the establishment of the Commission and the individuals who would serve as commissioners. From January through July, the Commission met formally more than 50 times – adjusting to the challenges brought on by the COVID-19 pandemic – with the goal of making improvements to American law enforcement for years to come. Throughout that time, the Commission assembled a report that reviewed a variety of important issues affecting law enforcement and their capacity to safeguard American communities.
The full report can be found here: https://www.justice.gov/file/1347866/download.
Possessing Drugs and Guns Lead to over Twenty-Five Years in Prison for Florida ManRead the Press Release
A man who pled guilty to drug and gun charges was sentenced December 21, 2020, to 27 years in federal prison.
Brandon James Seys, age 42, from Tampa, Florida, received the prison term after a guilty plea to conspiracy to distribute methamphetamine and possession of a firearm by a felon.
Seys was arrested in Dubuque, Iowa, in December 2018. During the arrest, officers recovered more than $10,000 on his person and recovered methamphetamine and cocaine in his hotel room. Officers also recovered two firearms in a storage unit. Seys later admitted at the plea hearing to possessing the firearms and being a felon. Evidence during the case showed that Seys told others he was willing to use the firearms if officers attempted to arrest him.
Seys was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Seys was sentenced to 324 months’ imprisonment. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Seys is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Division of Narcotics Enforcement, the Dubuque County Sheriff’s Department the Dubuque Police Department, and the Dubuque County Drug Task Force.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing 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 /media/1122011/dl?inline.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-1004.
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Plymouth Man Sentenced to 20 Years After Soliciting Sexual Photos from 14-Year-Old Ohio Girl over the InternetRead the Press Release
RALEIGH, N.C. – Toby Painter, 32, of Plymouth, North Carolina, was sentenced today to 240 months in prison for enticement of a minor.
According to court documents and statements made in court, on January 22, 2018, a school guidance counselor in West Carollton, Ohio, discovered from another student that a 14-year-old girl had been communicating with and sending nude photos to an adult male. The guidance counselor informed the victim’s mother, who contacted the West Carollton Police Department.
On the victim’s phone, investigators found chat history with someone labeled as “daddy” that included nude photographs of the victim. After the victim provided the name “Toby,” law enforcement identified the defendant Toby Painter based on Facebook contacts and photos exchanged on the phone.
During an interview, the victim stated that Painter sent her a friend request through SnapChat in December of 2017. After that, they began communicating on an internet-based chat application. The victim told Painter she was 14, and he told her he was 29. After the conversation turned sexual, Painter asked her to send him nude photographs, and she took and sent him approximately 10 nude photos of herself. He responded by sending her sexually explicit photographs.
Law enforcement reviewed the victim’s chat history with Painter. On her phone’s media drive, they recovered roughly a dozen images of herself that constituted child pornography, as well as three sexually explicit images of Painter. Local investigators then referred the case to the Federal Bureau of Investigation, who confirmed Painter’s identity based on Facebook account and IP address records. Complete chat records confirmed that Painter had requested and received from the victim multiple images that constituted child pornography.
This case is part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national initiative, go to www.projectsafechildhood.gov.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Federal Bureau of Investigation and West Carollton Police Department (Ohio) investigated the case. Assistant U.S. Attorney Jake D. Pugh prosecuted the case.
Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 2:19-cr-0019-D.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Pittsburgh Heroin Dealer Sentenced to 10+ Years in Prison for New Violations of Federal Drug and Firearms LawsRead the Press Release
PITTSBURGH – John Burton was sentenced to 10 years and 10 months (130 months) in prison for committing fentanyl, heroin, and crack cocaine-trafficking and firearm crimes while on supervised release following a prior federal conviction for heroin trafficking, United States Attorney Scott W. Brady announced today.
Burton, age 32, of Pittsburgh, was sentenced by United States District Judge Arthur J. Schwab. Earlier this year, Burton pled guilty to possessing with intent to distribute fentanyl, heroin, and crack cocaine, and possessing a firearm in furtherance of a drug trafficking crime, on August 26, 2019.
Burton was previously convicted in federal court in 2012 for conspiring to distribute heroin. He was sentenced to 46 months in prison at that time. Burton was on federal supervised release from that sentence in 2019 when he committed the additional fentanyl, heroin, and crack cocaine-trafficking and firearm crimes. Judge Schwab imposed a 12-month consecutive prison sentence for the violation of his release conditions.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Pittsburgh Police Bureau of Police, the United States Marshals Service, and the Pennsylvania Office of Attorney General conducted the investigation leading to the conviction and sentence in this case.
This case was prosecuted as part of Project Safe Neighborhoods (PSN) which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Pittsburgh Felon Pleads Guilty to Illegally Possessing a Loaded .22 Caliber RifleRead the Press Release
PITTSBURGH, PA - A former resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of possession of a firearm and ammunition by a convicted felon, United States Attorney Scott W. Brady announced today.
Cheron Shelton, age 33, pleaded guilty to one count before Senior United States District Judge Arthur J. Schwab.
"This case is about law enforcement working together: there is no gap between the shields," said U.S. Attorney Brady. "This outcome is only possible because of the collaboration of the Allegheny County District Attorney’s Office, the Allegheny County Police Department, ATF, and the Wilkinsburg Police Department. This plea will prevent a violent offender from rejoining our community anytime soon."
In connection with the guilty plea, the court was advised that on March 11, 2016, homicide detectives from the Allegheny County Police Department and agents from the Bureau of Alcohol, Tobacco, Firearm, and Explosives (ATF) executed a search warrant at Cheron Shelton’s mother’s residence in the Homewood North section of Pittsburgh as part of the investigation into the mass murder committed in Wilkinsburg, Pennsylvania, on March 9, 2016. In the residence, investigators recovered a .22 caliber rifle with an extended magazine and loaded with ammunition, as well as documents tying Cheron Shelton to the residence. The rifle, which had been reported stolen in June 2015, was processed for forensic evidence, and one of Shelton’s fingerprints was recovered from the rifle. The court was advised that this rifle was not used in the mass murder committed in Wilkinsburg on March 9, 2016.
Shelton has a previous conviction in the Allegheny County Court of Common Pleas for possession with intent to distribute a controlled substance. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm or ammunition.
Judge Schwab scheduled sentencing for April 22, 2021 The law provides for a total sentence of ten years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court ordered that the defendant remain detained.
Assistant United States Attorneys Brendan Conway and Doug Maloney are prosecuting this case on behalf of the government.
This prosecution is the result of a collaborative effort among the Allegheny County District Attorney’s Office, the United States Attorney’s Office, the Allegheny County Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The Wilkinsburg Police Department provided substantial assistance with this case.
Pennsylvania Man Sentenced to Federal Prison for Gun CrimesRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Robert William Moats, 35, of Waynesburg, Pennsylvania, was sentenced to 37 months in prison for being a felon in possession of a firearm and possession of a firearm with a removed serial number.
Moats previously admitted that on March 21, 2018, officers with the Charleston Police Department were looking for a female fugitive. Officers learned she was at a residence in Charleston. Officers were given consent by the homeowner to search for the fugitive. Officers found Moats inside the home sleeping on a chair with the fugitive. Officers awoke Moats and asked him to stand up. As he stood up, officers observed a silver pistol in his right front pants pocket. The officers secured the firearm, a Phoenix Arms, Raven, .25 caliber semi-automatic pistol. The serial number had been removed from the pistol. Moats also admitted that he knew he was a convicted felon and that he was prohibited from possessing a firearm because of a 2003 felony conviction for second degree murder.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Courtney Cremeans handled the prosecution.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00008.
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Owner of Texas Sport Supplement Company Pleads Guilty to Unlawful Distribution of Steroid-like DrugsRead the Press Release
ABINGDON, Virginia – Brett Becker, and the sport supplement company he owns, Accelerated Genetix, LLC, pleaded guilty today in U.S. District Court in Abingdon, Virginia, to a felony charge relating to the introduction of unapproved new drugs into interstate commerce. Some of those drugs were shipped into the Western District of Virginia, Acting United States Attorney Daniel P. Bubar announced today.
Becker 32, currently of Concord, Michigan, and Accelerated Genetix, LLC, a sport supplement company based in Argyle, Texas, pleaded guilty to one count of distributing unapproved new drugs with the intent to mislead and defraud the FDA and consumers.
Becker admitted that, from approximately January 2016 to March 2019, he and his company unlawfully distributed Selective Androgen Receptor Modulators (“SARMs”) and other substances that the FDA has not approved, including Ostarine and Ligandrol. SARMs are synthetic chemicals designed to mimic the effects of testosterone and other anabolic steroids. The FDA has long warned against the use of SARMs like those found in Accelerated Genetix products, including stating in a 2017 warning letter to another firm that SARMs have been linked to life-threatening reactions including liver toxicity, and have the potential to increase the risk of heart attack and stroke.
“Drugs masquerading as dietary supplements sidestep the FDA approval process and put consumers at risk,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “The Department of Justice will continue to work with FDA to ensure a safe and effective drug supply.”
In connection with his plea, Becker agreed to forfeit approximately $3.5 million, reflecting the amount of Accelerated Genetix products sold across the United States through retail outlets and over the internet.
“Becker and his company put their customers’ health at risk by unlawfully distributing drugs without FDA approval,” said Acting United States Attorney Bubar. “This case is particularly troubling, given the FDA’s explicit and repeated warnings about the dangers of SARMs. FDA regulations are integral to safeguarding consumers, and I am proud of our federal team that took on this investigation to ensure the processes and the public are protected.”
“The FDA’s laws are designed to protect the public health by ensuring, among other things, that drugs are safe and effective for their intended uses,” said FDA Assistant Commissioner for Criminal Investigations Catherine A. Hermsen. “Those who manufacture drugs disguised as supplements outside the FDA’s oversight endanger consumers. We remain committed to bringing to justice companies and individuals who attempt to subvert the regulatory functions of the FDA by distributing unapproved, and potentially dangerous, drugs.”
In pleading guilty, Becker also admitted that he intended to mislead and defraud the FDA and consumers by importing these ingredients even after learning they were mislabeled by the distributor when they were shipped from China to the United States; misrepresenting Accelerated Genetix products as “dietary supplements” to create the impression that they were safe and legal to use; and manufacturing a custom order of a SARMs product despite knowing it was illegal to introduce the unapproved new drug into interstate commerce.
U.S. District Judge Jones heard the defendants’ guilty pleas in federal court in Abingdon, Virginia, and set sentencing for March 15, 2021.
Assistant United States Attorney Randy Ramseyer of the U.S. Attorney’s Office for the Western District of Virginia and Trial Attorney Speare Hodges of the Department of Justice Civil Division’s Consumer Protection Branch are prosecuting the case. This matter was investigated by the Food and Drug Administration’s Office of Criminal Investigations.
Northern District of Iowa U.S. Attorney’s Office Collects over $14,000,000 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2020Read the Press Release
U.S. Attorney Peter E. Deegan, Jr. announced today that the Northern District of Iowa collected $14,652,603.88 in civil and criminal actions in Fiscal Year 2020. Of this amount, $13,388,019.63 was collected in civil actions and $1,264,584.25 was collected in criminal 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 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.
“Collecting money on behalf of taxpayers and crime victims is a vital part of the U.S. Attorney’s Office mission,” U.S. Attorney Peter E. Deegan, Jr. said. “Each year, these collections far exceed the total amount of our office’s budget and result from the hard work of many individuals in our office.”
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.
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Northampton County Man Sentenced on Federal Gun ChargeRead the Press Release
RALEIGH, N.C. – A Rich Square man was sentenced on Friday, December 18, 2020, to 52 months in prison for possession of firearm by a convicted felon.
According to court documents, on June 23, 2018, deputies from the Northampton County Sheriff’s Office responded to a disturbance at a residence involving Tyshawn Lamar Williams, 29. Deputies were advised that Williams was threatening a woman with a gun. When deputies arrived, they encountered Williams inside the house exiting a bedroom. Williams attempted to toss a firearm between the kitchen refrigerator and a cabinet. Deputies took Williams into custody and found a quantity of cocaine base (crack) and several thousand dollars in U.S. currency on his person. Deputies also recovered the gun Williams attempted to discard, which was a loaded .45 caliber handgun with an extended magazine. Williams is a convicted felon and is therefore prohibited from possessing firearms.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Terrence W. Boyle. The Northampton County Sheriff’s Office investigated the case and Assistant U.S. Attorney Robert J. Dodson prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-CR-500-BO.
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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.
New York Man Arrested on Federal Charges in Maryland for Cyberstalking, Attempted Murder for Hire, and Perpetrating False Information and HoaxesRead the Press Release
Baltimore, Maryland – A federal criminal complaint has been filed charging Desmond Babloo Singh, age 19, of New York, New York, on the federal charges of cyberstalking, causing intentional damage to a protected computer, aggravated identity theft, e-mailing a hoax bomb threat, and murder for hire. The complaint was filed on December 14, 2020, and was unsealed upon Singh’s arrest today. Singh is expected to have an initial appearance today in U.S. District Court for the Southern District of New York.
The charges were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; and Chief Melissa R. Hyatt of the Baltimore County Police Department.
According to the affidavit filed in support of the criminal complaint, in February 2020, Singh sent the victim, Jane Doe, an Instagram story, professing his love for her. Jane Doe was a former classmate of Singh’s older sister. Jane Doe rejected Singh’s romantic advances and told him that she was not interested in a relationship with him. Jane Doe, who resides in Maryland when she is not attending college, asked Singh to not contact her any further.
As detailed in the affidavit, from approximately April 18, 2020, through November 24, 2020, Singh allegedly used more than 100 different social media, electronic communication, and phone accounts to send Jane Doe harassing and unsolicited messages. The messages included express and implied threats of death and bodily injury, sexualized violence, and racial slurs. Singh allegedly accessed several of Jane Doe’s electronic accounts without authorization, changing her passwords to lock her out of her accounts and posting offensive images and statements to her accounts without authorization. Singh allegedly obtained personal images that had been privately stored in Jane Doe’s Snapchat account, which he later posted on social media accounts used to harass Jane Doe, and sent via text message to Jane Doe and her family members.
According to the affidavit, Singh publicly posted Jane Doe’s personal information on several occasions and encouraged others to harass the victim. Singh also allegedly posted the personal information of Jane Doe’s family members. Singh allegedly sent harassing messages and posted messages attacking an ex-boyfriend of Jane Doe, who Singh viewed as a romantic rival. In addition, Singh allegedly “swatted” Jane Doe, causing a police response to her Baltimore County residence in response to an e-mailed bomb threat. Further, the affidavit alleges that Singh solicited others online to rape, murder, and decapitate Jane Doe in exchange for Bitcoin.
If convicted, Singh faces a maximum sentence of five years in federal prison for cyberstalking; a maximum of 10 years in federal prison for causing intentional damage to a protected computer; a mandatory two years in federal prison, consecutive to any other sentence imposed, for aggravated identity theft; a maximum of five years in federal prison for e-mailing a hoax bomb threat; and a maximum of 10 years in federal prison for murder for hire. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. Singh is expected to have an initial appearance later today in U.S. District Court in the Southern District of New York, before U.S. Magistrate Judge Barbara Moses. Singh will have his initial appearance in U.S. District Court in Baltimore at a later date
A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended HSI and the Baltimore County Police Department for their work in the investigation and thanked HSI New York and the New York City Police Department for their assistance. Mr. Hur thanked Assistant U.S. Attorneys Zachary A. Myers and Christopher M. Rigali, who are prosecuting the case.
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Muskogee Woman Pleads Guilty to Drug, Money Laundering ConspiraciesRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Lannie Jo Carter, age 19, of Muskogee, Oklahoma entered a guilty plea to Drug Conspiracy, in violation of Title 21, United States Code, Section 846, punishable by not less than 10 years and not more than life imprisonment, a fine up to $10,000,000.00, or both; and to Money Laundering Conspiracy, in violation of Title 18, United States Code, Section 1956(h) and 1956(a)(2), punishable by not more than 20 years’ imprisonment, a fine up to $500,000.00, or both.
The Indictment alleged that beginning on November 4, 2016 and continuing until on or about the date of Indictment, in the Eastern District of Oklahoma and elsewhere, the defendant, did willfully and knowingly combine, conspire, confederate, and agree with others known and unknown to the Grand Jury, to commit offenses against the United States.
The Indictment further alleged that from on or about July 15, 2019 through on or about the date of this indictment, in the Eastern District of Oklahoma and elsewhere, the defendant, did knowingly combine, conspire, and agree with other persons known and unknown to the Grand Jury to commit offenses against the United States in violation of Title 18, United States Code, Section 1956, to wit: to transport, transmit and transfer and attempt to transport, transmit and transfer a monetary instrument and funds from a place in the United States to and through a place outside the United States with the intent to promote the carrying on of specified unlawful activity, i.e. the felonious importation, receiving, concealment, buying, selling, or otherwise dealing in methamphetamine.
The charges arose from a joint investigation led by the Drug Enforcement Administration, along with the Federal Bureau of Investigation, the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Oklahoma Department of Corrections, the Oklahoma Highway Patrol, the Muskogee County Sheriff’s Office, the Muskogee Police Department, and the Tulsa County Sheriff’s Office. Additionally, many prominent agencies which are members of the DEA High Intensity Drug Trafficking Area Task Force (“HIDTA”), contributed to this investigation, including: the Tulsa Police Department, the Broken Arrow Police Department, the Chickasaw Nation Lighthorse Police Department, the Miami Police Department, the Moore Police Department, the El Reno Police Department, the Yukon Police Department, the Duncan Police Department, the Norman Police Department, the Choctaw Police Department, the Edmond Police Department, the Oklahoma County Sheriff’s Office, the Canadian County Sheriff’s Office, the Rogers County District Attorney’s Office, and the Oklahoma County District Attorney’s Office. The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (“OCDETF”) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Rob Wallace, Assistant United States Attorney Ryan Conway, and Special Assistant United States Attorney Christopher Schroeder represented the United States.
Mission Man Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Possession with Intent to Distribute Methamphetamine was sentenced on December 21, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Kevin Bordeaux, age 22, was sentenced to time served through September 3, 2021, in federal prison, three years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bordeaux was indicted by a federal grand jury on March 3, 2020. He pled guilty on December 21, 2020.
The conviction stemmed from an incident that occurred on March 3, 2020, wherein Bordeaux was involved in a traffic stop in Todd County. A K9 was deployed and alerted to the vehicle and officers searched it. The officers located 6.54 grams of methamphetamine in the vehicle. On March 4, 2020, a search warrant was executed on Bordeaux’s residence wherein several rounds of ammunition were seized.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Rosebud Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Bordeaux was immediately remanded to the custody of the U.S. Marshals Service.
Mexican National Connected to New Haven Drug Ring Sentenced to 13 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that LORENZO MORALES-ARAMBULA, also known as “Viejo,” 59, a citizen of Mexico, was sentenced today by U.S. District Judge Stefan R. Underhill to 156 months of imprisonment for trafficking cocaine and heroin.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding occurred via videoconference.
This matter stems from a joint investigation headed by the DEA New Haven Task Force, FBI and New Haven Police Department that included the use of court-authorized wiretaps, controlled purchases of heroin and cocaine, and seizures of bulk heroin and cocaine. The investigation revealed that Duane Filyaw, Salvatore Orsini and others operated a heroin and cocaine trafficking ring in which they conspired to purchase narcotics from suppliers and then distribute the drugs to other suppliers and street-level dealers in and around New Haven.
Court-authorized wiretaps revealed that Filyaw and Orsini had established a heroin and cocaine supply connection with Morales-Arambula. In multiple intercepted calls between Filyaw and Morales-Arambula, Morales-Arambula agreed to supply Filyaw with kilogram quantities of cocaine and heroin that Morales-Arambula would receive from sources in Mexico and northern California. However, in January 2018, before the narcotics transactions with Filyaw could be completed, Morales-Arambula was detained in Michigan and charged in federal court with unlawful reentry of a removed alien.
During the investigation, law enforcement officers seized more than 500 grams of heroin, more than 300 grams of fentanyl, more than one kilogram of cocaine, three firearms, over $90,000 in cash, vehicles, jewelry and precious metals.
On April 19, 2018, a grand jury in New Haven returned an indictment charging Morales-Arambula, Filyaw, Orsini and 16 other individuals with narcotics trafficking offenses.
Morales-Arambula has been detained since January 14, 2018. On January 28, 2020, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute one kilogram or more of heroin and five kilograms or more of cocaine.
Morales-Arambula’s criminal history includes multiple federal convictions, including convictions for firearms, drug and immigration offenses, and for causing a riot a federal correctional facility in Texas in 2008. He has been deported to Mexico twice, and subsequently reentered the U.S. without authorization. On August 21, 2018, Morales-Arambula was sentenced in the Eastern District of Michigan to 46 months of imprisonment for unlawful reentry, and a consecutive 12 months of imprisonment for violating the conditions of his supervised release that followed a prior federal conviction.
Filyaw, of New Haven, and Orsini, of West Haven, have pleaded guilty and await sentencing.
The DEA New Haven Task Force includes participants from the U.S. Marshals Service, Internal Revenue Service – Criminal Investigation Division, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia, Meriden, Derby, Middletown, Naugatuck and Waterbury Police Departments. The Connecticut Department of Correction, Milford Police Department and East Haven Police Department have assisted the investigation.
This case is being prosecuted by Assistant U.S. Attorneys H. Gordon Hall and Patrick F. Caruso through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Member of the Latin Kings Department of Corrections Chapter Pleads Guilty to Racketeering Conspiracy ChargesRead the Press Release
BOSTON – A former member of the Chapter of the Latin Kings in the Massachusetts Department of Correction pleaded guilty today to racketeering charges.
Sandra Correa, a/k/a “Queen Dream,” 35, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. A sentencing date will be scheduled at a later time.
As detailed in court filings, the Latin Kings bring disputes and related gang violence into the jails and prisons where Latin Kings are incarcerated. As a member of the Chapter of the Latin Kings responsible for the activities in the Massachusetts Department of Correction, Correa transmitted information to and from incarcerated members of the Latin Kings on behalf of the organization. This information included identities of those who would be targeted for violence in the jails and prisons, the locations of incarcerated members, the standing of certain individuals with the gang, and the status of disputes and alliances with other gangs.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Correa is the 27th defendant to plead guilty in the case.
The RICO conspiracy charge provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard and Lauren Graber of Lelling’s Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Member of Connecticut Latin Kings “Crown Council” Sentenced for Racketeering ConspiracyRead the Press Release
BOSTON – A former member of the Connecticut Almighty Latin King and Queen Nation (“Latin Kings”) leadership body, known as the “Crown Council,” was sentenced today for racketeering conspiracy charges.
Hector Vega, a/k/a “King Demon,” 34, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 18 months in prison and three years of supervised release. In September 2020, Vega pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
In addition to his membership in the Latin Kings in Connecticut, Vega also held a position in the Connecticut “Crown Council,” which was the governing body for the Latin Kings in that state. Evidence developed during the course of the investigation included recordings of Vega presiding over a Latin Kings “trial” against two Massachusetts members of the Latin Kings who had violated rules of the gang. Regional leadership of the Latin Kings chose Vega and the Connecticut Crown Council as the judges for the trial in order for the hearing to be unbiased. After hearing evidence from members and finding the two members guilty of violating Latin Kings rules, Vega and the Crown Council ordered the beatings of both victim, which were captured on recording. Vega participated in the assault of one of the members.
The Latin Kings are a violent gang comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the criminal organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and is motivated by a desire to further its influence and to protect its turf from rival gangs.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Vega is the tenth defendant to be sentenced in the case.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Commissioner Carol Mici of the Massachusetts Department of Correction made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard and Lauren Graber of Lelling’s Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Matthews, N.C. Man Is Sentenced to More Than 15 Years in Prison for Child PornographyRead the Press Release
CHARLOTTE, N.C. – U.S. District Judge Robert J. Conrad Jr. sentenced today Brian Parks Moore, 51, of Matthews, N.C. to 188 months in prison for transportation of child pornography, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. Judge Conrad also ordered Moore to serve 30 years of supervised release and to register as a sex offender.
According to court documents and information introduced at the sentencing hearing, Moore was indicted in November 2018 on child pornography charges. According to court records, Moore told law enforcement that he had initially accessed child pornography for the purpose of incriminating another individual, but subsequently began viewing the child pornography himself. In total, Moore possessed approximately 1,769 images and videos depicting the sexual abuse of children. On December 27, 2018, Moore was released on bond following his arraignment hearing. As a condition of his pretrial release, the Court ordered Moore only to use electronic devices approved by the U.S. Probation Office.
According to court records, on March 13, 2019, a U.S. probation officer conducted an unannounced visit at Moore’s residence, during which the officer located an unauthorized tablet computer in Moore’s bedroom. A review of the web history of the tablet showed that Moore’s search history was consistent with attempting to access child pornography and child erotica while on pretrial supervision. As a result, Moore’s bond was revoked and Moore was taken into custody. On May 24, 2019, Moore pleaded guilty to transportation of child pornography.
In making today’s announcement U.S. Attorney Murray commended the U.S. Probation Office, Homeland Security Investigations, and the FBI for their investigative efforts.
Assistant United States Attorney Alfredo De La Rosa, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Manlius Man Arrested on Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – Chester Hammond, age 44, of Manlius, New York, was arrested yesterday and charged with distributing child pornography, announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Keith Corlett.
According to the criminal complaint, Hammond, a registered sex offender who was convicted in 1996 of attempted sexual abuse in the first degree distributed an image of child pornography over the internet. A subsequent search of Hammond’s cellular telephone revealed that he also possessed over 400 images of child pornography.
The charge against Hammond carries a mandatory minimum sentence of 15 years and a maximum of 40 years in prison, a post-release term of supervision of between five years and life, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
Hammond made his initial appearance today before Magistrate Judge Andrew T. Baxter and was detained pending further proceedings.
The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), with assistance from the Onondaga County District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Madison Man Sentenced to 100 Months for Bank RobberiesRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Antonio Rowe, 31, Madison, Wisconsin, was sentenced on Friday, December 18 by U.S. District Judge William Conley to 100 months in federal prison for three bank robberies. Rowe pleaded guilty to these charges on July 28, 2020.
Over the course of two weeks in September 2019, Rowe robbed three banks in Madison. Rowe robbed the BMO Harris Bank on Sherman Avenue on September 10, 2019, the Associated Bank on East Towne Boulevard on September 13, 2019, and the UW Credit Union on Northport Drive on September 26, 2019. After the last robbery, Rowe fled in a vehicle with his co-defendant Ramon Howard. Rowe drove at high speeds through residential neighborhoods, striking other vehicles and eventually crashing on East Washington Avenue. Rowe and Howard both fled on foot but were apprehended by Madison police officers. Howard was in possession of the stolen cash.
In sentencing Rowe for these bank robberies, Judge Conley noted the severity of these offenses which ended only after a high-speed chase that endangered others in the community. Rowe said that he was acting out of impulse, but Judge Conley said that he was not taking responsibility for his actions. Judge Conley noted Rowe’s lengthy criminal history, opportunities to rehabilitate himself, and the fact that he committed these bank robberies while on state supervision. Rowe was also ordered to pay restitution.
Howard, 37, Portage, Wisconsin, pleaded guilty on June 25 to committing the Associated Bank and UW Credit Union robberies with Rowe and with robbing the Summit Credit Union on Thierer Road on September 16, 2019. He was sentenced by Judge Conley to 9 years in federal prison on September 18.
The charges against Rowe and Howard were the result of an investigation conducted by the Madison Police Department and Federal Bureau of Investigation. The prosecution of the case has been handled by Assistant U.S. Attorney Corey Stephan.
Montana U.s. Attorney’s Office Collects $7.3 Million in Civil and Criminal Actions in Fiscal Year 2020Read the Press Release
BILLINGS – Acting U.S. Attorney Leif M. Johnson announced today that the District of Montana collected $7,352,119 in criminal and civil actions in Fiscal Year 2020. Of this amount, the office collected $2,523,303 in criminal actions and $4,828,816 in civil actions.
“These funds come from seizing ill-gotten gains from criminals and from civil penalties and debt collections. The money helps to make crime victims whole and benefits the U.S. Treasury, which are priorities of this office. I want to thank our financial litigation unit, the civil and criminal divisions, and all of our employees for their hard work on behalf of victims of crime and government fraud,” Acting U.S. Attorney Johnson said.
Funds or payments collected in criminal judgments include cases involving Encore Services LLC, a Nevada company convicted in 2017 in a public corruption case to defraud the Chippewa Cree Tribe, and James and Timilynn Kisling, a Billings couple who owned a construction company and were convicted in 2019 of tax evasion for using the construction of a Billings mansion to avoid reporting profits.
Some of the funds collected in civil actions include a 2018 case settled with Kalispell Regional Healthcare System for alleged violations of the False Claims Act by paying physicians more than the fair market value.
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.
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.
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Justice Department Commends ASCAP and BMI's Launch of SONGVIEWRead the Press Release
On Dec. 21, 2020, The American Society of Composers (ASCAP) and Broadcast Music, Inc. (BMI), the two largest performance rights organizations (PROs) in the United States, announced the launch of SONGVIEW, a “comprehensive data platform that provides music users with an authoritative view of public performance copyright ownership and administration shares for the vast majority of music licensed in the United States.”[1]
According to the press release on ASCAP’s website, SONGVIEW is free to the public and allows ASCAP and BMI to display detailed, aggregated and reconciled ownership data for performing rights for more than 20 million musical works in their combined repertoires, including a breakdown of shares by ASCAP and BMI.
“The Antitrust Division commends ASCAP and BMI’s innovative collaboration in creating and releasing SONGVIEW,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “While more work needs to be done to improve the transparency of copyright ownership in musical works, the creation of this free platform is a positive step towards doing so and, importantly, may help to promote competition in the music licensing industry to the benefit of music licensees, artists, and American consumers.”
The promotion of competition in music licensing has been an important goal of the Antitrust Division. The division opened its ongoing review of its consent decrees with ASCAP and BMI to determine whether the decrees continue to serve American consumers and should be maintained in their current form, or whether they should be modified, or terminated. As part of its review, the division invited public comments from songwriters, publishers, licensees, and other industry stakeholders. The division received more than 800 public comments, which have been posted to the division’s Antitrust Consent Decree Review Public Comments 2019 page. On July 28th and 29th, 2020, the division also hosted a virtual public workshop on competition in the licensing of public performance rights in the music industry, which was attended by executive PROs, songwriters, music publishers, music licensees, legal and economic experts, and other industry stakeholders.
[1] See www.ascap.com/press/2020/12/12-21-Songview.
Justice Department Alleges Conditions at Lowell Correctional Institution Violate the ConstitutionRead the Press Release
The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle District of Florida today concluded that there is reasonable cause to believe that the conditions at Lowell Correctional Institution (Lowell) in Ocala, Florida, violate the Eighth Amendment of the Constitution. Specifically, the department concluded that there is reasonable cause to believe that Lowell fails to protect prisoners from sexual abuse by the facility’s staff.
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the facility with written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.
“Prison officials have a constitutional duty to protect prisoners from harm, including sexual abuse by staff,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Sexual abuse is never acceptable, and it is not part of any prisoner’s sentence. Our investigation found that staff sexually abused women incarcerated at Lowell and that these women remain at substantial risk of sexual abuse by staff. Our investigation also found that sexual abuse is frequent. This systemic misconduct means that many women suffer abuse. In addition, prisoners are discouraged from reporting sexual abuse and investigations of sexual abuse allegations are inadequate. This illegal and indecent treatment of women must end, and the Department of Justice will not tolerate it.”
“Sexual abuse cannot be tolerated anywhere and female prison inmates are particularly vulnerable during their confinement,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “This investigation represents a first step towards putting an end to sexual abuse at the Lowell Correctional Institution, and we look forward to working with the State of Florida in finding tangible, effective solutions.”
The Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for Middle District of Florida initiated the investigation in April 2018 under CRIPA, which authorizes the department to take action to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
Justice Department Alleges Conditions at Lowell Correctional Institution Violate the ConstitutionRead the Press Release
The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle District of Florida today concluded that there is reasonable cause to believe that the conditions at Lowell Correctional Institution (Lowell) in Ocala, Florida, violate the Eighth Amendment of the Constitution. Specifically, the department concluded that there is reasonable cause to believe that Lowell fails to protect prisoners from sexual abuse by the facility’s staff.
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the facility with written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.
“Prison officials have a constitutional duty to protect prisoners from harm, including sexual abuse by staff,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Sexual abuse is never acceptable, and it is not part of any prisoner’s sentence. Our investigation found that staff sexually abused women incarcerated at Lowell and that these women remain at substantial risk of sexual abuse by staff. Our investigation also found that sexual abuse is frequent. This systemic misconduct means that many women suffer abuse. In addition, prisoners are discouraged from reporting sexual abuse and investigations of sexual abuse allegations are inadequate. This illegal and indecent treatment of women must end, and the Department of Justice will not tolerate it.”
“Sexual abuse cannot be tolerated anywhere and female prison inmates are particularly vulnerable during their confinement,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “This investigation represents a first step towards putting an end to sexual abuse at the Lowell Correctional Institution, and we look forward to working with the State of Florida in finding tangible, effective solutions.”
The Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for Middle District of Florida initiated the investigation in April 2018 under CRIPA, which authorizes the department to take action to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
Justice Department Alleges Conditions at Iowa Institution for Individuals with Disabilities Violate the ConstitutionRead the Press Release
The Justice Department today concluded an investigation into conditions at the Glenwood Resource Center (Glenwood), an institution for individuals with intellectual disabilities operated by the State of Iowa in Glenwood, Iowa.
The Justice Department determined that there is reasonable cause to believe the conditions at Glenwood violate the Fourteenth Amendment of the U.S. Constitution and that these violations are pursuant to a pattern or practice of resistance to the full enjoyment of rights protected by the Fourteenth Amendment.
“Individuals with disabilities are not human guinea pigs, and like all persons, they should never be subject to bizarre and deviant pseudo-medical ‘experiments’ that injure them. Human experimentation is the hallmark of sick totalitarian states and has no place in the United States of America. The U.S. Constitution protects the right of all persons in this free country who are in the care of the state to be reasonably free from harm or the risk of harm,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “We intend to work with the state to ensure that reforms are instituted at Glenwood so that these vulnerable individuals, who depend upon the state for their care, receive the care, support, and treatment that they deserve and to which they are entitled.”
The department found reasonable cause to believe that Iowa subjects Glenwood residents to unreasonable harm and risk of harm by subjecting residents to uncontrolled and unsupervised experimentation, inadequate physical and behavioral healthcare, and inadequate protection from harm, including deficient safety and oversight mechanisms. Specifically, the department concluded that the state violated Glenwood residents’ constitutional rights by conducting experiments on them without their consent. The department found that one experiment, which involved overhydrating residents, caused physical harm. In addition, the department concluded that Glenwood residents receive constitutionally inadequate physical health care. The department found that residents fail to receive timely or clinically appropriate medical assessments or treatment, at times resulting in severe physical harm. The department also concluded that Glenwood’s behavioral health care, including its use of restraints, violates residents’ due process rights. The department found that, from 2017 to 2019, Glenwood’s use of restraints increased by more than 300 percent. Finally, the department found severe deficiencies in the oversight and quality management at both Glenwood and the Iowa Department of Human Services and that these deficiencies fostered an environment in which the constitutional violations could and did routinely occur.
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the Department provided the State of Iowa with written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.
The Department of Justice’s comprehensive investigation involved review and analysis of documents, including policies and procedures, health care records, investigations, and oversight reports. The department also conducted tours of Glenwood and conducted interviews of current and former staff and management at Glenwood, Iowa’s Department of Human Services, and other stakeholders.
The department initiated the investigation in November 2019 under CRIPA, which authorizes the department to act to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run residential institutions. The department is continuing to investigate whether the state violates the rights of residents of Glenwood and Woodward Resource Centers under Title II of the Americans with Disabilities Act to receive services in the most integrated setting appropriate.
This investigation was conducted by attorneys with the Special Litigation Section of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Southern District of Iowa. Individuals with relevant information are encouraged to contact the department by email at [email protected].
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
Jacksonville Man Sentenced to 36 Months in Federal Prison for Assisting in Preparation of False Tax ReturnRead the Press Release
RALEIGH, N.C. – Gene Hersholt Williamson II, was sentenced today to 36 months in prison for aiding and assisting in the preparation of a false tax return and was ordered to pay restitution in the amount of $637,000.00.
According to court documents, Gene Hersholt Williamson, II, 54, operated a tax return preparation business out of Jacksonville, North Carolina between 2012 and 2018. Williamson fraudulently inflated his clients’ claimed refunds by reporting fictitious Schedule C businesses on his clients’ returns. If clients had minimal income, Williamson created a fraudulent Schedule C business for them, reporting additional income in order to maximize the claimed earned income tax credit. If, however, clients had substantial wage income, Williamson created fraudulent businesses with significant expenses to reduce their income, qualifying them to receive earned income tax credit. Williamson received 10% of the refunds for his services. To conceal his involvement in the scheme, Williamson did not list himself as the paid return preparer on any returns he prepared.
In addition to preparing false tax returns for clients, Williamson filed false tax returns for himself for 2012-2017. In all Williamson’s misconduct resulted in a tax loss to the IRS of over $550,000.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Internal Revenue Service Criminal Investigations investigated the case and Assistant U.S. Attorney Susan B. Menzer and Tax Division Trial Attorney William Guappone prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:20-CR-00133-D.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Indictment: Veteran Falsified Records of Travel for TreatmentRead the Press Release
WICHITA, KAN. – Edward Parks, 60, Liberal, Kan., is charged with one count of submitting false claims for travel reimbursement to the Department of Veterans Affairs and one count of making a false statement to investigators from the Department of Veterans Affairs – Office of Inspector General. The crimes are alleged to have occurred in 2019 in Sedgwick County, Kan.
The indictment alleges he falsely claimed he travelled to Wichita, Kan., from Liberal, Kan., for medical appointments, in order to be reimbursed under the Beneficiary Travel Program.
If convicted, he could face up to five years in federal prison and a fine up to $250,000 on each count. The Department of Veterans Affairs – Office of Inspector General investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.
OTHER INDICTMENTS
Loren Olson, 68, Marquette, Kan., is charged with four counts of producing child pornography and one count of the sex trafficking of a minor. The crimes are alleged to have occurred in May, June and July 2020 in McPherson County, Kan.
Olson initially was charged by criminal complaint Dec. 9, 2020.
If convicted, Olson could face a penalty of not less than 15 years and not more than 30 years in federal prison on each production count, and not less than 10 years on the other count. The FBI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
Alejandro Valerio Pineda, 45, Wichita, Kan., is charged with two counts of distributing methamphetamine. The crimes are alleged to have occurred during November and December 2020 in Wichita, Kan.
If convicted, he could face a penalty of not less than five years and not more than 40 years and a fine up to $5 million on each count. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
Troy Bong, 51, Wichita, is charged with three counts of possession with intent to distribute methamphetamine (counts 1, 4, 7), three counts of possession of a firearm in furtherance of drug trafficking (counts 2, 5, 8) and three counts of unlawful possession of a firearm by a felon (counts 3, 6, 9). The crimes are alleged to have occurred in 2020 in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Count one: Up to 20 years in federal prison and a fine up to $1 million.
Counts 4, 7: Not more than 40 years and not less than five years and a fine up to $5 million.
Counts 2, 5 and 8: Not less than five years and a fine up to $250,000.
Counts 3, 6 and 9: Up to 10 years and a fine up to $250,000.
The Drug Enforcement Administration investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
Treylis Presley, 31, Wichita, Kan., is charged with one count of unlawful possession of a firearm by a felon, one count of possession of cocaine and one count of possession of marijuana. The crimes are alleged to have occurred Sept. 4, 2020, in Sedgwick County, Kan.
If convicted, he could face a penalty of up to 10 years in federal prison and a fine up to $250,000 on the firearm charge, and up to a year and a fine up to $1,000 on each of the other two counts. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Molly Gordon is prosecuting.
Luis Contreras-Mata, 35, is charged with one count of unlawfully re-entering the United States after being deported. He was found Dec. 10, 2020, in Rawlins County, Kan.
If convicted, he could face a penalty of up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement – Enforcement and Removal Operations investigate. Assistant U.S. Attorney Lanny Welch is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Idaho Falls Man Sentenced to 5 Years for Knowingly and Fraudulently Concealing Assets in Bankruptcy ProceedingRead the Press Release
POCATELLO – Andrew Welch, 46, of Idaho Falls, was sentenced in U.S. District Court to five years in federal prison for concealment of assets, U.S. Attorney Bart M. Davis announced today. Chief U.S. District Judge David C. Nye also ordered Welch to pay a $25,000 fine, and to serve one year of supervised release following his prison sentence. Welch pleaded guilty to the charge on July 29, 2020. As part of the plea agreement, Welch also agreed to forfeit $25,000.
According to court records, Welch, a former pharmacist in Ketchum, Idaho, filed a voluntary Chapter 7 bankruptcy petition on April 3, 2014, after the Idaho State Board of Pharmacy revoked his pharmacist license. In the bankruptcy petition, signed under penalty of perjury, Welch listed significant debts and almost no assets. However, after persisting in the claim that he had no assets during the initial stages of the bankruptcy proceeding, the scheme to defraud unraveled when the U.S. Trustee Program and debtors discovered that Welch had an interest in significant unreported assets which he had placed under the control of close confidants.
In the end, Welch knowingly and fraudulently failed to disclose in the bankruptcy proceedings more than $250,000 in cash and securities which were held in an investment account in the name of another individual. Welch also knowingly and fraudulently failed to disclose his purchase of real property in Idaho Falls for $123,500 in January 2012, and the ensuing fraudulent transfer of the real property to a second individual, who did not provide Welch with any value for the real property.
In addition to concealing assets, Welch falsely testified under oath during the bankruptcy proceedings that he had no interest in the aforementioned investment account or real property, even though in truth Welch knew and was intentionally concealing such interests.
The five-year sentence imposed by the U.S. District Court was the statutory maximum for the crime of concealment of assets. The court imposed the sentence, in part, based on findings that Welch obstructed justice by concealing assets from the U.S. Probation Office after the guilty plea, and because Welch did not adequately accept responsibility for the offense.
“This significant sentence should deter individuals who intend to commit bankruptcy fraud,” said U.S. Attorney Davis. “When a bankruptcy debtor like Mr. Welch hides money and assets in bankruptcy, we will work vigorously with our law enforcement partners to ensure that bankruptcy offenders are held accountable. I commend the IRS for their efforts in this case. I also thank the U.S. Trustee’s Program for referring this important matter to our office for criminal prosecution.”
"Today’s sentencing of Andrew Welch for bankruptcy fraud is a win for those who are honest in their court dealings,” said Special Agent in Charge Andy Tsui, IRS Criminal Investigation, Denver Field Office. “The bankruptcy system is based on a debtor making a full disclosure of all assets and liabilities. When individuals use the bankruptcy system to evade their debt obligations to the government and their creditors, they are engaging in criminal activity. IRS Criminal Investigation is proud to work with our partners at the U.S. Attorney’s Office and lend financial expertise in these complex investigations."
This case was investigated by the Internal Revenue Service Criminal Investigation.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Huntington Man Sentenced to Federal Prison for Distributing Crack CocaineRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced that Maurice D. Grigsby, also known as “Ty”, 35, of Huntington, was sentenced to 15 months in federal prison for two counts of distribution of crack cocaine.
“We still come across crack dealers,” said United States Attorney Mike Stuart. “And we’re still prosecuting them and sending them to federal prison.”
Grigsby admitted that on March 28, 2019, at The Lighthouse Bar in Guyandotte, he distributed approximately 1.1 grams of crack cocaine to a confidential informant in a controlled buy. Grigsby also admitted that on April 24, 2019, he distributed approximately 1.08 grams of crack cocaine to a confidential informant in a controlled buy near 2575 5th Avenue in Huntington.
The Federal Bureau of Investigation (FBI), the FBI’s Transnational Organized Crime (TOC) West Task Force, the Cabell County Sheriff’s Office, and the West Virginia State Police conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Ryan A. Keefe handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-00257.
Follow us on Twitter: SDWVNews and USAttyStuart
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Hancock County Man Pleads Guilty to Federal Drug ChargeRead the Press Release
BANGOR, Maine: A Dedham man pleaded guilty in federal court today to conspiring to distribute and possess with intent to distribute methamphetamine, U.S. Attorney Halsey B. Frank announced.
According to court records, between approximately July 2018 and May 2019, members of the conspiracy obtained methamphetamine in western and southern states from sources in Mexico. Brian Saunders, 38, and his co-conspirators then distributed the drugs in Aroostook County and other parts of central and northern Maine.
Saunders faces up to 20 years in prison and a fine of up to $1,000,000. He also faces between three years and a lifetime of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The U.S. Drug Enforcement Administration, Homeland Security Investigations and the Maine Drug Enforcement Agency investigated this case with the assistance of multiple state and local law enforcement agencies.
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.
Goldsboro Woman Sentenced to More Than 21 Years for Methamphetamine DistributionRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that yesterday in federal court, United States District Judge James C. Dever III sentenced Ana Duarte-Pineda, 42, of Goldsboro, North Carolina to 262 months imprisonment, followed by 5 years of supervised release.
Duarte-Pineda was named in a Criminal Information filed on March 11, 2020 charging her with Distribution of Fifty (50) Grams or More of Methamphetamine. On December 21, 2020, Duarte-Pineda pled guilty to that charge.
According to the investigation, Duarte-Pineda and her codefendant, Augustin Gomez-Rojas, who was previously sentenced to three hundred (300) months, were distributing crystal methamphetamine in Princeton, North Carolina. Duarte-Pineda had her fifteen (15) year old daughter with her in the car when she and Gomez-Rojas sold methamphetamine to a confidential informant. Duarte-Pineda and Augustin Gomez-Rojas resided in Goldsboro, North Carolina.
The Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms & Explosives, the Johnston County Sheriff’s Office, Raleigh Police Department and the Wayne County Sheriff’s Office conducted the investigation in this case. Assistant United States Attorney Kelly L. Sandling represented the government.
Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-cr-00308-D-2.
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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.
Former Video Store Owner Sentenced to Five Years for Selling Counterfeit DVDsRead the Press Release
BANGOR, Maine: A Mattawamkeag man was sentenced today in federal court for mail fraud and copyright infringement stemming from his online sales of counterfeit DVDs, U.S. Attorney Halsey B. Frank announced.
U.S. District Judge John A. Woodcock, Jr. sentenced Douglas Gordon, 53, to five years in prison and two years of supervised release. He was also ordered to pay restitution to victims defrauded in the scheme. A jury found Gordon guilty on October 29, 2019, after a seven-day trial.
According to evidence presented at trial, Gordon, the former owner of a chain of video rental stores in eastern Maine, operated three websites from which he made more than $638,000 in sales of over 48,000 counterfeit copies of copyright-protected motion pictures. Representatives of MGM, CBS, Disney, Mercury Pictures and other copyright owners testified that Gordon did not have permission to reproduce and distribute the movies. A senior investigator employed by the Motion Picture Association identified the DVDs as counterfeit.
Based on undercover purchases made from the three websites, execution of search warrants and forensic analysis of computers, investigators from Homeland Security Investigations (HSI) identified Gordon as the operator of the online businesses. A series of customers testified at trial that they expected based on website advertisements to receive authorized DVD movies with cover art and a plastic case, but instead received a paper envelope with nothing more than a burned disc with a laser-etched movie title. Several of Gordon’s former video store employees also provided evidence of his unlawful reproduction.
In imposing sentence, Judge Woodcock said he considered the “thousands of victims hoodwinked” when they made the online sales, as well as the scores of copyright holders harmed in the scheme.
HSI investigated the case, with assistance from the Maine Attorney General’s Office, the Brewer Police Department, the U.S. Postal Inspection Service and the Better Business Bureau.
Former United States Post Office Letter Carrier Pleads Guilty to Federal Charge for Stealing MailRead the Press Release
Baltimore, Maryland - Daniyelle Barnes, age 27, of Randallstown Maryland, pleaded guilty on December 21, 2020, to federal charges of mail theft by an employee. Barnes was employed by the United States Post Office (USPS) as a Letter Carrier at the Randallstown Post Office. Barnes admitted stealing mail, including credit cards contained within mail pieces.
The guilty plea was announced by the United States Attorney for the District of Maryland, Robert K. Hur; Special Agent in Charge Imari R. Niles of the U.S. Postal Service Office of Inspector General; and Chief Melissa R. Hyatt of the Baltimore County Police Department.
According to the plea agreement, in July 2019, Baltimore County Police Department (BCPD) officers recovered more than 12 genuine credit cards from a suspect during a traffic stop. The 12 credit cards were embossed with the names of Randallstown residents who resided along Barnes’s mail route. On July 25, 2019, investigators executed a search warrant at an apartment located in Owings Mills, Maryland that was not associated with Barnes and recovered counterfeit identification documents, at least 12 additional stolen credit/debit cards issued to individuals not residing at the residence, mail and financial correspondence addressed to real persons not residing at the residence, and several cell phones and other electronic devices. Six of the credit/debit cards were in the names of the Randallstown residents on Barnes’s mail delivery route and came from stolen mail.
On December 18, 2019, law enforcement conducted an operation to investigate whether Barnes was stealing mail from her mail route by having two sealed, identifiable mail pieces from a bank, which contained credit cards issued to fictitious persons, placed among the mail that Barnes was supposed to deliver that day. These identifiable mail pieces featured addresses that were outside of Barnes’s route, and if Barnes followed proper protocols, would not be taken on her route. Instead, during law enforcement surveillance of Barnes, she was seen handling the “bait” mail pieces, feeling for a potential credit or debit card inside the envelope, and then placing the two identifiable mail pieces inside her letter carrier case. Later, law enforcement saw Barnes rubber-band together approximately 10 mail pieces, including the two pieces of bait mail. Barnes concealed this bundle in the back of a letter tray that contained mail pieces for her route, left the Post Office building and placed items into her assigned work vehicle. Barnes briefly stopped by her personal vehicle before returning to her work vehicle and heading out on her mail route. When Barnes returned to the Post Office at about 4:00 p.m., law enforcement officials saw her unload a number of items, including bags, into the front passenger seat of her personal vehicle. Barnes then went back into the building and sorted a number of mail pieces. Barnes did not place the two identifiable mail pieces into the proper area for missent letters.
Law enforcement interviewed Barnes after advising her of her rights. Barnes admitted to stealing mail and giving it to another person, whose full identity she claimed not to know. She stated that she provided credit/debit card mail pieces to this person at least 10 to 12 times beginning in June 2019. Barnes consented to a search of her personal vehicle and law enforcement discovered numerous pieces of unopened, undelivered mail, including the two identifiable bait mail pieces and other mail addressed to real persons residing in Randallstown.
Law enforcement obtained records from financial institutions corresponding to the credit cards recovered during the investigation that were issued to persons on Barnes’s mail route. Those records indicated a total loss amount of $4,198.74 and a further attempted loss amount of $2,292.11 associated with those accounts. As part of her plea agreement, Barnes will be required to pay restitution in the full amount of the actual loss, which the parties agree is at least $4,198.74.
Barnes faces a maximum sentence of five years in federal prison for mail theft by a USPS employee. U.S. District Judge George L. Russell, III has scheduled sentencing for February 25, 2021 at 2:30 p.m.
United States Attorney Robert K. Hur commended the USPS Office of Inspector General and the Baltimore County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Daniel A. Loveland, Jr. and Tamera L. Fine, who are prosecuting the case.
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Former New York State Corrections Officer Going to Prison for Five Years on Child Pornography ConvictionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Chojnacki, 27, of Cheektowaga, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 60 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Douglas A. C. Penrose, who handled the case, stated that after receiving a tip of suspected child pornography from the National Center for Missing and Exploited Children, Homeland Security Investigations traced the suspected child pornography to the defendant, a New York State Corrections Officer.
On May 9, 2019, a federal search warrant was executed at Chojnacki’s Louis Street residence. Investigators seized various computers, electronic devices, and electronic media. A total of approximately 3,814 images and 138 videos of child pornography were discovered on the defendant's electronic devices. Some of the images depicted prepubescent minors less than 12 years old, as well as sexual abuse or exploitation of an infant or toddler.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Former Clarence Center Soccer Trainer Going to Prison Following Child Pornography ConvictionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shelby Garigen, 42, of Clarence Center, NY, who was convicted of access with intent to view child pornography, was sentenced to serve 37 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Charles M. Kruly and Aaron J. Mango, who handled the case, stated that between November 2018 and February 2019, the defendant communicated with two minors (Victim 1 and Victim 2) using the Snapchat application. During Garigen’s communications with Victim 1, she received and viewed approximately three sexually explicit images of Victim 1. During the defendant’s communications with Victim 2, she received and viewed approximately 10 sexually explicit images of Victim 2. Garigen knew that both victims were minors.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Stephen Belongia, and the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski. Additional assistance was provided by the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
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Felon Pleads Guilty to Possessing A Firearm and AmmunitionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Javarus Payne, 34, of Rochester, NY, pleaded guilty today before U.S. District Judge David G. Larimer to being a felon in possession of a firearm and ammunition, which carries a maximum penalty of 10 years in prison, and a fine of $250,000 or both.
Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that the defendant was arrested on August 29, 2020, after officers from the Rochester Police Department and troopers from the New York State Police stopped a car defendant was driving on East Main Street in Rochester for committing several traffic infractions. As officers spoke with Payne, they smelled alcohol coming from inside the car, and also noticed a black semiautomatic handgun on the driver’s floor. The officers seized the loaded handgun, which had been reported stolen in Pennsylvania.
Payne was convicted in federal court in February 2012 of possessing a firearm in furtherance of a drug trafficking crime, and was under the supervision of the United States Probation Department at the time of this arrest. As a result, he is legally prohibited from possessing firearms and ammunition.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; the New York State Police, under the direction of Major Barry Chase; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for March 23, 2021, at 2:00 p.m. before Judge Larimer.
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Federal prosecutors experience increased workloads relating to child pornographyRead the Press Release
ST. LOUIS, MO—Federal prosecutors, within the Eastern District of Missouri, are working an increased amount of cases involving child pornography.
The U.S. Attorney’s Office have indicted 62 defendants who abused children in some way. Those defendants represent a 16% increase from last year.
Prosecutors from the U.S. Attorney’s Office, including those at the field office in Cape Girardeau, handled cases ranging from production of child pornography to human trafficking.
“It is very rewarding to be able to help the most vulnerable victims by being able to prosecute those who prey upon them,” said Jeff Jensen, U.S. Attorney for the Eastern District of Missouri.
In 2019, technology firms flagged more than 45 million photos and videos as child sexual abuse, according to an investigation by The New York Times. That number more than doubled in one year. The National Center for Missing and Exploited Children received a record 18 million tips to its hotline last year. By comparison, the tip line received a total of 565,000 calls during its first 10 years, between 1998 and 2008.
“Our office strives to protect children from sexual exploitation through federal prosecutions, but we need everyone to be vigilant in protecting our children. Please monitor your children’s internet usage so they don’t become victims of those who wish to exploit them,” added Jensen.
District Court Judges have sentenced 28 defendants, this year, to an average of 111 months which means those predators will be unable to harm children for nearly 10 years. The judges have also ordered more than $1,000,000 in restitution.
“Child predators are everywhere. They are men and women, young and old, coming from all races, classes and occupations. Technology has made accessing and grooming children easier than ever,” said Sarah Pingsterhaus, a Victim Witness Specialist for the Eastern District of Missouri.
Members of the Victim Witness Unit stress it is vital to discuss internet safety and encourage parents to monitor their child’s online activity.
“If you notice your child becoming secretive while online, turning off the computer screen when you enter the room, becoming obsessive about being online and angry when they are not allowed or disengaging from their normal circle of friends, it is time to start asking questions,” added Pingsterhaus.
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Ensley Man Indicted for Four Armed RobberiesRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury indicted an Ensley man in connection with four armed robberies, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Explosives, and Firearms (ATF) Special Agent in Charge Mickey French.
An eight-count indictment filed in U.S. District Court charges Eric Tyree Blanding, 46, with four counts of Hobbs Act Robbery, three counts of carrying and brandishing a firearm during and in relation to a crime of violence, and one count of being a felon in possession of a firearm.
According to the indictment, Blanding committed four robberies at three different Family Dollar stores in Birmingham by brandishing a firearm at store employees and taking cash and other property. The robberies occurred in May and June of 2019.
The Hobbs Act prohibits the obstruction of commerce by robbery and carries a maximum penalty of up to 20 years in prison and a $250,000 fine.
Brandishing a firearm during and in relation to a crime of violence carries a mandatory penalty of not less than 7 years in prison.
Being a felon in possession of a firearm carries a maximum penalty of 10 years in prison.
ATF investigated the case. Assistant U.S. Attorney Kristy Peoples is prosecuting the case.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.
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.
Eagle Butte Man Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on December 21, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Arlyn Keckler, age 39, was sentenced to 48 months in federal prison, followed by four years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Keckler was indicted by a federal grand jury on February 13, 2019. He pled guilty on October 9, 2020.
The conviction stemmed from a conspiracy beginning in at least May 2015, wherein Keckler was involved with others to distribute methamphetamine in and around the Cheyenne River Sioux Reservation in South Dakota. Keckler distributed 200 grams of methamphetamine during the course of the conspiracy.
This case was investigated by the Federal Bureau of Investigation, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Keckler was immediately remanded to the custody of the U.S. Marshals Service.
Detroit Man Sentenced to Federal Prison for Drug and Gun CrimesRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced that Darelle Devon Boynton, 35, of Detroit, was sentenced to 70 months in federal prison for distribution of heroin and possession of a firearm by a convicted felon.
“This dangerous Detroit drug dealer will be spending nearly six years in federal prison,” said United States Attorney Mike Stuart. “Boynton, who has multiple felony convictions in Michigan, won’t be jeopardizing public safety in Huntington or Detroit any time soon.”
Boynton previously pled guilty and admitted that on January 30, 2020, he sold 8.47 grams of heroin to a person working as a confidential informant. The sale took place in a car outside 2005 10th Avenue in Huntington, West Virginia. Boynton also admitted that on February 13, 2020, he possessed a Glock Model 19, 9mm pistol while inside a bar called “Tamika’s,” formerly known as the “Copa,” located at 2005 10th Avenue in Huntington. Boynton has prior felony convictions in Michigan including armed robbery, possession of a firearm by a felon, and fleeing from a police officer. Because of those convictions, he was prohibited from possessing the firearm. Police searched Boynton’s house located at 199 Davis Street in Huntington and found approximately 35.13 grams of heroin in his bedroom which he intended to sell. Boynton also sold approximately 1.75 grams of heroin for $100 to the same confidential informant on January 23, 2020.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Greg McVey handled the prosecution.
This case was prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:20-cr-00038.
Follow us on Twitter: SDWVNews and USAttyStuart
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Department of Justice Files Nationwide Lawsuit Against Walmart Inc. for Controlled Substances Act ViolationsRead the Press Release
In a civil complaint filed today, the Department of Justice has alleged that Walmart Inc. unlawfully dispensed controlled substances from pharmacies it operated across the country and unlawfully distributed controlled substances to those pharmacies throughout the height of the prescription opioid crisis.
The complaint alleges that this unlawful conduct resulted in hundreds of thousands of violations of the Controlled Substances Act (CSA). The Justice Department seeks civil penalties, which could total in the billions of dollars, and injunctive relief.
“It has been a priority of this administration to hold accountable those responsible for the prescription opioid crisis. As one of the largest pharmacy chains and wholesale drug distributors in the country, Walmart had the responsibility and the means to help prevent the diversion of prescription opioids,” said Jeffrey Bossert Clark, Acting Assistant Attorney General of the Civil Division. “Instead, for years, it did the opposite — filling thousands of invalid prescriptions at its pharmacies and failing to report suspicious orders of opioids and other drugs placed by those pharmacies. This unlawful conduct contributed to the epidemic of opioid abuse throughout the United States. Today’s filing represents an important step in the effort to hold Walmart accountable for such conduct.”
“We entrust distributors and dispensers with the responsibility to ensure controlled substances do not fall into the wrong hands,” said Drug Enforcement Administration (DEA) Acting Administrator Timothy Shea. “When processes to safeguard against drug diversion are violated or ignored, or when pharmacies routinely fill illegitimate prescriptions, we will hold accountable anyone responsible, including Walmart. Too many lives have been lost because of oversight failures and those entrusted with responsibility turning a blind eye.”
The result of a multi-year investigation by the department’s Prescription Interdiction & Litigation (PIL) Task Force, the complaint filed in the U.S. District Court for the District of Delaware alleges that Walmart violated the CSA in multiple ways as the operator of its pharmacies and wholesale drug distribution centers. The complaint alleges that, as the operator of its pharmacies, Walmart knowingly filled thousands of controlled substance prescriptions that were not issued for legitimate medical purposes or in the usual course of medical practice, and that it filled prescriptions outside the ordinary course of pharmacy practice. The complaint also alleges that, as the operator of its distribution centers, which ceased distributing controlled substances in 2018, Walmart received hundreds of thousands of suspicious orders that it failed to report as required to by the DEA. Together, the complaint alleges, these actions helped to fuel the prescription opioid crisis.
If Walmart is found liable for violating the CSA, it could face civil penalties of up to $67,627 for each unlawful prescription filled and $15,691 for each suspicious order not reported. The court also may award injunctive relief to prevent Walmart from committing further CSA violations.
“For years, Walmart failed to meet its obligations in distributing and dispensing dangerous opioids and other drugs,” said Deputy Assistant Attorney General Daniel J. Feith of the Civil Division’s Consumer Protection Branch. “We look forward to advancing this case with our DOJ partners.”
“Today’s complaint is the culmination of a painstaking investigation by my office and our Department of Justice colleagues that uncovered years of unlawful conduct that did untold damage to communities around the country, including here in Colorado,” said U.S. Attorney for the District of Colorado Jason R. Dunn. “We look forward to pursuing justice and holding the company accountable for its conduct.”
“The opioid crisis has exacted a catastrophic human toll upon the residents of our district and upon our country,” said U.S. Attorney for the Middle District of Florida Maria Chapa Lopez. “National pharmacy chains must meet their legal obligations when dispensing and distributing these powerful medications. The filing of this complaint in collaboration with the Department of Justice and other United States Attorneys’ Offices demonstrates our firm commitment to enforcing these critical legal requirements.”
“As a pharmacy that fills prescriptions for controlled substances, Walmart has an obligation to fill only those prescriptions that are legitimate,” said Acting U.S. Attorney for the Eastern District of New York Seth D. DuCharme. “As a wholesale drug distributor, Walmart also had an obligation to notify DEA of suspicious orders of controlled substances. Walmart failed to comply with both of its obligations, and thereby failed in its responsibility to prevent the diversion of controlled substances.”
“Opioid addiction and abuse have devastated communities across our nation, and eastern North Carolina is no exception,” said U.S. Attorney for the Eastern District of North Carolina Robert Higdon Jr. “Walmart’s failures only made these problems worse. For example, our office prosecuted a physician for illegal opioid distribution. A jury convicted him just last year, and he is currently serving a twenty-year prison sentence. As it turns out, that physician expressly directed patients to Walmart to have their opioid prescriptions filled. Walmart’s own pharmacists reported concerns about the doctor up the corporate chain, but for years, Walmart did nothing—except continue to dispense thousands of opioid pills. My office will continue to work with others in the Department to ensure that Walmart — and all others who had a role to play in this ongoing opioid crisis — are held responsible.”
“The misuse of prescription painkillers is a public health crisis,” said U.S. Attorney for the District of Delaware David C. Weiss. “DEA registrants must understand that licensure is a privilege, not a right. Whenever that privilege is abused, whether by the smallest local provider or the largest national chain, our office and the Department of Justice will take all necessary steps to enforce the law and keep the public safe.”
The claims made in the complaint are allegations that United States must prove if the case proceeds to trial.
The United States is represented in the filed action by attorneys from the Department of Justice Civil Division’s Consumer Protection Branch and from the U.S. Attorneys’ Offices for the District of Colorado, District of Delaware, Eastern District of North Carolina, Eastern District of New York, and Middle District of Florida. The DEA’s Dallas Field Division and Diversion Control Operations personnel investigated the case. The DEA’s Office of Chief Counsel and the Criminal Division’s Narcotic and Dangerous Drug Section provided substantial support.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For information about the U.S. Attorneys’ Offices, visit: District of Colorado, https://www.justice.gov/usao-co; District of Delaware https://www.justice.gov/usao-de; Eastern District of North Carolina https://www.justice.gov/usao-ednc; Eastern District of New York https://www.justice.gov/usao-edny; Middle District of Florida https://www.justice.gov/usao-mdfl. Information about the DEA is available at www.dea.gov.
Department of Justice Files Nationwide Lawsuit Against Walmart Inc. for Controlled Substances Act ViolationsRead the Press Release
In a civil complaint filed today, the Department of Justice has alleged that Walmart Inc. unlawfully dispensed controlled substances from pharmacies it operated across the country and unlawfully distributed controlled substances to those pharmacies throughout the height of the prescription opioid crisis.
The complaint alleges that this unlawful conduct resulted in hundreds of thousands of violations of the Controlled Substances Act (CSA). The Justice Department seeks civil penalties, which could total in the billions of dollars, and injunctive relief.
“It has been a priority of this administration to hold accountable those responsible for the prescription opioid crisis. As one of the largest pharmacy chains and wholesale drug distributors in the country, Walmart had the responsibility and the means to help prevent the diversion of prescription opioids,” said Jeffrey Bossert Clark, Acting Assistant Attorney General of the Civil Division. “Instead, for years, it did the opposite — filling thousands of invalid prescriptions at its pharmacies and failing to report suspicious orders of opioids and other drugs placed by those pharmacies. This unlawful conduct contributed to the epidemic of opioid abuse throughout the United States. Today’s filing represents an important step in the effort to hold Walmart accountable for such conduct.”
“We entrust distributors and dispensers with the responsibility to ensure controlled substances do not fall into the wrong hands,” said Drug Enforcement Administration (DEA) Acting Administrator Timothy Shea. “When processes to safeguard against drug diversion are violated or ignored, or when pharmacies routinely fill illegitimate prescriptions, we will hold accountable anyone responsible, including Walmart. Too many lives have been lost because of oversight failures and those entrusted with responsibility turning a blind eye.”
The result of a multi-year investigation by the department’s Prescription Interdiction & Litigation (PIL) Task Force, the complaint filed in the U.S. District Court for the District of Delaware alleges that Walmart violated the CSA in multiple ways as the operator of its pharmacies and wholesale drug distribution centers. The complaint alleges that, as the operator of its pharmacies, Walmart knowingly filled thousands of controlled substance prescriptions that were not issued for legitimate medical purposes or in the usual course of medical practice, and that it filled prescriptions outside the ordinary course of pharmacy practice. The complaint also alleges that, as the operator of its distribution centers, which ceased distributing controlled substances in 2018, Walmart received hundreds of thousands of suspicious orders that it failed to report as required to by the DEA. Together, the complaint alleges, these actions helped to fuel the prescription opioid crisis.
If Walmart is found liable for violating the CSA, it could face civil penalties of up to $67,627 for each unlawful prescription filled and $15,691 for each suspicious order not reported. The court also may award injunctive relief to prevent Walmart from committing further CSA violations.
“For years, Walmart failed to meet its obligations in distributing and dispensing dangerous opioids and other drugs,” said Deputy Assistant Attorney General Daniel J. Feith of the Civil Division’s Consumer Protection Branch. “We look forward to advancing this case with our DOJ partners.”
“The opioid crisis has exacted a catastrophic human toll upon the residents of our district and upon our country,” said U.S. Attorney for the Middle District of Florida Maria Chapa Lopez. “National pharmacy chains must meet their legal obligations when dispensing and distributing these powerful medications. The filing of this complaint in collaboration with the Department of Justice and other United States Attorneys’ Offices demonstrates our firm commitment to enforcing these critical legal requirements.”
“As a pharmacy that fills prescriptions for controlled substances, Walmart has an obligation to fill only those prescriptions that are legitimate,” said Acting U.S. Attorney for the Eastern District of New York Seth D. DuCharme. “As a wholesale drug distributor, Walmart also had an obligation to notify DEA of suspicious orders of controlled substances. Walmart failed to comply with both of its obligations, and thereby failed in its responsibility to prevent the diversion of controlled substances.”
“Today’s complaint is the culmination of a painstaking investigation by my office and our Department of Justice colleagues that uncovered years of unlawful conduct that did untold damage to communities around the country, including here in Colorado,” said U.S. Attorney for the District of Colorado Jason R. Dunn. “We look forward to pursuing justice and holding the company accountable for its conduct.”
“Opioid addiction and abuse have devastated communities across our nation, and eastern North Carolina is no exception,” said U.S. Attorney for the Eastern District of North Carolina Robert Higdon Jr. “Walmart’s failures only made these problems worse. For example, our office prosecuted a physician for illegal opioid distribution. A jury convicted him just last year, and he is currently serving a twenty-year prison sentence. As it turns out, that physician expressly directed patients to Walmart to have their opioid prescriptions filled. Walmart’s own pharmacists reported concerns about the doctor up the corporate chain, but for years, Walmart did nothing—except continue to dispense thousands of opioid pills. My office will continue to work with others in the Department to ensure that Walmart — and all others who had a role to play in this ongoing opioid crisis — are held responsible.”
“The misuse of prescription painkillers is a public health crisis,” said U.S. Attorney for the District of Delaware David C. Weiss. “DEA registrants must understand that licensure is a privilege, not a right. Whenever that privilege is abused, whether by the smallest local provider or the largest national chain, our office and the Department of Justice will take all necessary steps to enforce the law and keep the public safe.”
The claims made in the complaint are allegations that United States must prove if the case proceeds to trial.
The United States is represented in the filed action by attorneys from the Department of Justice Civil Division’s Consumer Protection Branch and from the U.S. Attorneys’ Offices for the District of Colorado, District of Delaware, Eastern District of North Carolina, Eastern District of New York, and Middle District of Florida. The DEA’s Dallas Field Division and Diversion Control Operations personnel investigated the case. The DEA’s Office of Chief Counsel and the Criminal Division’s Narcotic and Dangerous Drug Section provided substantial support.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For information about the U.S. Attorneys’ Offices, visit: District of Colorado, https://www.justice.gov/usao-co; District of Delaware https://www.justice.gov/usao-de; Eastern District of North Carolina https://www.justice.gov/usao-ednc; Eastern District of New York https://www.justice.gov/usao-edny; Middle District of Florida https://www.justice.gov/usao-mdfl. Information about the DEA is available at www.dea.gov.
Department of Justice Files Nationwide Lawsuit Against Walmart Inc. for Controlled Substances Act ViolationsRead the Press Release
In a civil complaint filed today, the Department of Justice has alleged that Walmart Inc. unlawfully dispensed controlled substances from pharmacies it operated across the country and unlawfully distributed controlled substances to those pharmacies throughout the height of the prescription opioid crisis.
The complaint alleges that this unlawful conduct resulted in hundreds of thousands of violations of the Controlled Substances Act (CSA). The Justice Department seeks civil penalties, which could total in the billions of dollars, and injunctive relief.
“It has been a priority of this administration to hold accountable those responsible for the prescription opioid crisis. As one of the largest pharmacy chains and wholesale drug distributors in the country, Walmart had the responsibility and the means to help prevent the diversion of prescription opioids,” said Jeffrey Bossert Clark, Acting Assistant Attorney General of the Civil Division. “Instead, for years, it did the opposite — filling thousands of invalid prescriptions at its pharmacies and failing to report suspicious orders of opioids and other drugs placed by those pharmacies. This unlawful conduct contributed to the epidemic of opioid abuse throughout the United States. Today’s filing represents an important step in the effort to hold Walmart accountable for such conduct.”
“We entrust distributors and dispensers with the responsibility to ensure controlled substances do not fall into the wrong hands,” said Drug Enforcement Administration (DEA) Acting Administrator Timothy Shea. “When processes to safeguard against drug diversion are violated or ignored, or when pharmacies routinely fill illegitimate prescriptions, we will hold accountable anyone responsible, including Walmart. Too many lives have been lost because of oversight failures and those entrusted with responsibility turning a blind eye.”
The result of a multi-year investigation by the department’s Prescription Interdiction & Litigation (PIL) Task Force, the complaint filed in the U.S. District Court for the District of Delaware alleges that Walmart violated the CSA in multiple ways as the operator of its pharmacies and wholesale drug distribution centers. The complaint alleges that, as the operator of its pharmacies, Walmart knowingly filled thousands of controlled substance prescriptions that were not issued for legitimate medical purposes or in the usual course of medical practice, and that it filled prescriptions outside the ordinary course of pharmacy practice. The complaint also alleges that, as the operator of its distribution centers, which ceased distributing controlled substances in 2018, Walmart received hundreds of thousands of suspicious orders that it failed to report as required to by the DEA. Together, the complaint alleges, these actions helped to fuel the prescription opioid crisis.
If Walmart is found liable for violating the CSA, it could face civil penalties of up to $67,627 for each unlawful prescription filled and $15,691 for each suspicious order not reported. The court also may award injunctive relief to prevent Walmart from committing further CSA violations.
“For years, Walmart failed to meet its obligations in distributing and dispensing dangerous opioids and other drugs,” said Deputy Assistant Attorney General Daniel J. Feith of the Civil Division’s Consumer Protection Branch. “We look forward to advancing this case with our DOJ partners.”
“The opioid crisis has exacted a catastrophic human toll upon the residents of our district and upon our country,” said U.S. Attorney for the Middle District of Florida Maria Chapa Lopez. “National pharmacy chains must meet their legal obligations when dispensing and distributing these powerful medications. The filing of this complaint in collaboration with the Department of Justice and other United States Attorneys’ Offices demonstrates our firm commitment to enforcing these critical legal requirements.”
“As a pharmacy that fills prescriptions for controlled substances, Walmart has an obligation to fill only those prescriptions that are legitimate,” said Acting U.S. Attorney for the Eastern District of New York Seth D. DuCharme. “As a wholesale drug distributor, Walmart also had an obligation to notify DEA of suspicious orders of controlled substances. Walmart failed to comply with both of its obligations, and thereby failed in its responsibility to prevent the diversion of controlled substances.”
“Today’s complaint is the culmination of a painstaking investigation by my office and our Department of Justice colleagues that uncovered years of unlawful conduct that did untold damage to communities around the country, including here in Colorado,” said U.S. Attorney for the District of Colorado Jason R. Dunn. “We look forward to pursuing justice and holding the company accountable for its conduct.”
“Opioid addiction and abuse have devastated communities across our nation, and eastern North Carolina is no exception,” said U.S. Attorney for the Eastern District of North Carolina Robert Higdon Jr. “Walmart’s failures only made these problems worse. For example, our office prosecuted a physician for illegal opioid distribution. A jury convicted him just last year, and he is currently serving a twenty-year prison sentence. As it turns out, that physician expressly directed patients to Walmart to have their opioid prescriptions filled. Walmart’s own pharmacists reported concerns about the doctor up the corporate chain, but for years, Walmart did nothing—except continue to dispense thousands of opioid pills. My office will continue to work with others in the Department to ensure that Walmart — and all others who had a role to play in this ongoing opioid crisis — are held responsible.”
“The misuse of prescription painkillers is a public health crisis,” said U.S. Attorney for the District of Delaware David C. Weiss. “DEA registrants must understand that licensure is a privilege, not a right. Whenever that privilege is abused, whether by the smallest local provider or the largest national chain, our office and the Department of Justice will take all necessary steps to enforce the law and keep the public safe.”
The claims made in the complaint are allegations that United States must prove if the case proceeds to trial.
The United States is represented in the filed action by attorneys from the Department of Justice Civil Division’s Consumer Protection Branch and from the U.S. Attorneys’ Offices for the District of Colorado, District of Delaware, Eastern District of North Carolina, Eastern District of New York, and Middle District of Florida. The DEA’s Dallas Field Division and Diversion Control Operations personnel investigated the case. The DEA’s Office of Chief Counsel and the Criminal Division’s Narcotic and Dangerous Drug Section provided substantial support.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For information about the U.S. Attorneys’ Offices, visit: District of Colorado, https://www.justice.gov/usao-co; District of Delaware https://www.justice.gov/usao-de; Eastern District of North Carolina https://www.justice.gov/usao-ednc; Eastern District of New York https://www.justice.gov/usao-edny; Middle District of Florida https://www.justice.gov/usao-mdfl. Information about the DEA is available at www.dea.gov.
Download 2020.12.22 walmart complaint finalComptroller Pleads Guilty to Embezzling from Manhattan Financial Publishing CompanyRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced today that ERIC IAN WHITEHEAD pled guilty to wire fraud for his role in a years-long scheme to embezzle approximately $1.3 million from a financial publishing company (the “Company”), where he was then employed as comptroller. The plea was entered in front of U.S. District Judge Ronnie Abrams.
Acting U.S. Attorney Audrey Strauss said: “As he admitted in court today, Eric Ian Whitehead exploited his position of trust as comptroller of a publishing company to embezzle more than $1 million from the company. Now he awaits sentencing for his admitted theft.”
According to the Information and other filings and statements at public court proceedings in the case:
From at least in or around 2015 through in or around 2020, WHITEHEAD used wire transfers and cash deposits from the victim Company to benefit himself without authorization from the Company. Specifically, WHITHEAD used Company assets to pay for personal credit card expenses, overpay personal credit cards to receive cash balance refunds, write checks to cash for deposit into personal bank accounts, and purchase precious metals to sell for his own profit. WHITEHEAD consistently embezzled Company funds from in or around 2015 through in or around 2020, for a total loss amount of approximately $1.3 million.
* * *
WHITEHEAD, 53, of Smithtown, New York, pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison. WHITEHEAD will be sentenced by Judge Abrams on April 9, 2021.
Ms. Strauss praised the outstanding investigative work of the Special Agents of the United States Attorney’s Office for the Southern District of New York.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Mitzi S. Steiner is in charge of the prosecution.
Canadian Man Extradited from Spain to Face Charges for Massive Psychic Mail Fraud SchemeRead the Press Release
A Canadian citizen accused of operating a decades-long psychic mail fraud scheme was extradited to the United States and made his initial appearance today in federal court in Central Islip, New York, the Department of Justice and the U.S. Postal Inspection Service announced.
On Oct. 25, 2018, a grand jury in the Eastern District of New York indicted Patrice Runner, 54, on charges of mail and wire fraud, conspiracy to commit mail and wire fraud, and conspiracy to commit money laundering. Runner was arrested in Ibiza, Spain, by officers of the Spanish National Police in December 2018, based on the U.S. indictment. Following extradition proceedings, the Spanish government released Runner to the custody of U.S. Postal Inspectors on Dec. 21, 2020.
“The Department of Justice’s Consumer Protection Branch is committed to investigating and prosecuting transnational criminal schemes that target elderly and vulnerable Americans,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “As this case demonstrates, we will work with our law enforcement partners in the United States and around the world to bring to justice criminals who target Americans through mail fraud and other schemes. We thank the Spanish National Police for their efforts to apprehend Runner and ensure that he sees justice in U.S. courts.”
According to the charges, from 1994 through November 2014, Runner’s mail fraud scheme defrauded over one million victims in the United States of over $180 million. The scheme allegedly involved sending millions of U.S. consumers, many elderly and vulnerable, letters purporting to be from two well-known French psychics, promising that the recipient had the opportunity to achieve great wealth and happiness with the psychic’s assistance in exchange for payment of a fee. The letters also frequently stated that a psychic had seen a personalized vision regarding the recipient of the letter, when in fact the scheme sent nearly identical letters to tens of thousands of victims each week.
Runner and his co-conspirators obtained the names of elderly and vulnerable victims by renting and trading mailing lists with other mail fraud schemes. When a victim responded to one letter, Runner and his co-conspirators sent dozens of additional letters to the victim. Each of these additional letters also appeared to be a personalized letter from a psychic and requested additional money from the victim. In reality, the psychics had no role in sending the letters, did not receive responses from the victims, and did not send the additional letters after victims paid money.
“Fraud scams have exploited the mail to victimize vulnerable Americans for over a century,” said Inspector-in-Charge Damon Wood of the U.S. Postal Inspection Service Philadelphia Division. “As these crimes become global, so do Postal Inspectors. If you are exploiting Americans, we are coming for you, no matter where you are in the world.”
Two of Runner’s co-conspirators, Canadian citizens Maria Thanos and Philip Lett, pleaded guilty in the Eastern District of New York in June 2018 to conspiracy to commit mail fraud. Runner used a series of shell companies to hide his involvement in the scheme while living in multiple foreign countries, including Switzerland, France, the Netherlands, Costa Rica, and Spain.
The case is being prosecuted by Assistant Director John W. Burke and Trial Attorney Ann Entwistle of the Department of Justice’s Consumer Protection Branch with assistance from the U.S. Attorney’s Office for the Eastern District of New York. The Justice Department’s Office of International Affairs provided critical assistance in securing Runner’s extradition. The Spanish National Police also provided assistance in securing Runner’s arrest.
An indictment is a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent unless and until proven guilty.
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 seniors 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 seven days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.
For more information about the Consumer Protection Branch, visit its website at https://www.justice.gov/civil/consumer-protection-branch.
CEO of Clothing Company Sentenced to Prison for Million-Dollar Customs FraudRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced that JOSEPH BAILEY, the CEO of a children’s apparel company (“Company-1”), was sentenced to six months in prison for participating in a years-long scheme to defraud U.S. Customs and Border Protection (“CBP”) by submitting invoices to CBP that falsely understated the true value of the goods Company-1 imported into the United States – fraudulently avoiding over $1.5 million in customs duties owed to CBP. BAILEY pled guilty on January 15, 2020, before United States District Judge William H. Pauley III, who also imposed today’s sentence.
Acting U.S. Attorney Audrey Strauss said: “Joseph Bailey defrauded the United States by misrepresenting the value of imported goods to avoid payment of customs duties. Now he has been sentenced to prison for his crime.”
According to the Indictment and other court documents filed in Manhattan federal court:
From in or about 2007 to in or about 2015, BAILEY and other employees of Company-1 engaged in a scheme to fraudulently understate the value of goods imported into the United States. During the charged time period, Company-1 purchased much of its merchandise from a manufacturer located in China (“Manufacturer-1”). Starting shortly after Company-1 began doing business with Manufacturer-1 in 2007, through approximately 2010, BAILEY and others at Company-1 engaged in a double-invoicing scheme by which Company-1 would receive two sets of invoices from Manufacturer-1 for the same shipment of goods. One invoice, referred to as the “pay by” invoice, was significantly higher and reflected the actual price paid by Company-1 for the goods. The second invoice reflected a significantly lower price for the goods and was presented to CBP. This allowed Company-1 to pay a fraudulently lower amount of customs duties.
In approximately 2010, BAILEY and other employees of Company-1 began a new variation of the customs fraud scheme, involving invoices for “sample” goods, by which Manufacturer-1 would send two separate sets of invoices for a given shipment that together reflected the true price Company-1 actually paid to Manufacturer-1 for a particular shipment of clothing. The first invoice, typically entitled the “commercial invoice,” described the goods purchased, and was submitted to CBP. The second invoice purportedly reflected amounts paid by Company-1 for “sample” goods, and was not submitted to CBP. Sample goods are not subject to customs duties.
The “samples” invoice was not, in fact, for samples actually purchased by Company-1. Rather, it was a means to make an additional payment to Manufacturer-1 for actual goods purchased by Company-1 without disclosing it to CBP. Typically, the “samples” invoices reflected a unit price for sample goods that was significantly greater than the unit price for the non-sample goods reflected on the invoice submitted to CBP (for example, $70-$90 per unit on the “samples” invoice versus a $4 per unit price on the “commercial invoice”). In addition, the “samples” invoice reflected the purchase of unusually large amounts of sample goods, for example the “samples” invoice reflected quantities as large as 24 or 48 pieces of a single color in a single style.
This multi-year fraud scheme resulted in the loss of over $1 million in duty revenue to the United States.
* * *
In addition to his prison sentence, BAILEY, 58, of Brooklyn, New York, was sentenced to three years of supervised release, ordered to pay forfeiture in the amount of $1,661,617.
Ms. Strauss thanked CBP and Homeland Security Investigations for their efforts and ongoing support and assistance with the case.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit, and Assistant U.S. Attorneys Dina McLeod and Dominika Tarczynska are in charge of the prosecution.
Buffalo Man Pleads Guilty to Assaulting A Federal Officer During May Civil Unrest in BuffaloRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Keyondre Robinson, 18, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to assaulting, resisting, or impeding certain officers. The charge carries a maximum penalty of one year in prison and a $100,000 fine.
“With this plea, the defendant becomes the second individual to be convicted in the District in connection with the violent protests which were held here in late-May,” stated U.S. Attorney Kennedy. “In pleading guilty, defendant acknowledged that his behavior was not constitutionally protected expression but criminal conduct. Lawlessness, violence, and property damage are inherently unjust and antithetical to the objectives of those well-intentioned individuals who come together seeking positive change in our community.”
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on May 30, 2020, thousands of protesters gathered outside of Niagara Square in Buffalo, adjacent to the Robert H. Jackson United States District Courthouse for the Western District of New York, following the death of George Floyd. As some of the protesters became aggressive and violent, law enforcement officers, including officers from the United States Marshals Service, the Department of Homeland Security, the Federal Protective Service, and the Buffalo Police Department, were deployed and tasked with protecting the Jackson Courthouse. The officers formed a perimeter around the Courthouse steps to protect the building from property damage and to prevent protesters from entering the Courthouse. The officers did not engage with the protesters except to keep them from entering or approaching the Courthouse. During the protests, the defendant, Keyondre Robinson, threw a water bottle at a Deputy United States Marshal which struck the Deputy in the face.
The plea is the result of an investigation by the United States Marshal’s Service, under the direction of United States Marshal Charles Salina; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Protective Service, under the direction of Craig Madey; and Buffalo Police Department and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for May 5, 2021, at 9:00 a.m. before Judge Vilardo.
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Brandon Woman Sentenced for Wire FraudRead the Press Release
United States Attorney Ron Parsons announced that a Brandon, South Dakota, woman convicted of Wire Fraud was sentenced on December 21, 2020, by U.S. District Judge Karen E. Schreier.
Sheila Verbrugge, age 50, was sentenced to 36 months in federal prison, followed by 3 years of supervised release, restitution in the amount of $577,577.63, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Verbrugge was indicted by a federal grand jury on August 17, 2020. She pled guilty on September 28, 2020.
Verbrugge was the billing and payroll clerk for Blachowske Truck Line, Inc., located in Brandon. Verbrugge’s duties included managing the company’s T-Chek account. T-Chek is a system used to pay for various job-related expenses incurred by truck drivers, such as fuel and truck maintenance. Each week, T-Chek e-mailed an invoice to the company for that week’s charges. The invoices were paid electronically using an automated clearing house (ACH) payment.
Between approximately January 2010 and continuing through April 8, 2020, Verbrugge falsely and fraudulently issued T-Cheks payable to herself, deposited them into her personal account, and then used the money for her own purposes. Verbrugge disguised her theft by altering the weekly T-Chek report; she deleted her name and location and replaced it with names of Blachowske truck drivers and locations she knew to be associated with those truck drivers. Because of the false information entered by her, Blachowske paid the T-Chek invoices.
“This investigation demonstrates the FBI’s commitment to assisting law enforcement partners with investigations of costly financial crimes,” said Michael Paul, special agent in charge of the FBI’s Minneapolis field office which covers South Dakota. “As evidenced by this case, the FBI, South Dakota’s U.S. Attorney’s Office and the Brandon Police Department worked together to hold Ms. Verbrugge accountable for her actions, and recover the illegal gains. Along with our law enforcement partners, the FBI will continue to allocate expert resources to investigate and prosecute all those who take advantage of a position of trust to defraud American businesses.”
This case was investigated by the Brandon Police Department, the Federal Bureau of Investigation, and the U.S. Attorney’s Office. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Verbrugge has been allowed to self-surrender to the custody of the U.S. Marshals Service by January 5, 2021.
Baltimore Man Sentenced to Almost 14 Years in Federal Prison for Distribution of a Fentanyl Analogue That Resulted in the Death of a VictimRead the Press Release
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander today sentenced Shannon Dorrell Marshall, a/k/a Cake, age 43, of Baltimore, Maryland, to 165 months in federal prison, followed by three years of supervised release, for two counts of distribution of controlled substances, specifically a fentanyl analogue and heroin. A victim died as a result of Marshall’s drug distribution. Fentanyl analogues are chemical compounds designed to have effects similar to fentanyl and can be just as deadly.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration, Baltimore District Office; Harford County Sheriff Jeffrey R. Gahler; Colonel Woodrow W. Jones III, Superintendent of the Maryland State Police; Chief Henry Trabert of the Aberdeen Police Department; Chief Charles Moore of the Bel Air Police Department; Chief Teresa Walter of the Havre de Grace Police Department; and Harford County State’s Attorney Albert Peisinger.
According to Marshall’s guilty plea, on May 11, 2017, Harford County Sheriff’s Office detectives went to a home in Abingdon, Maryland, where a victim had been reported dead. An autopsy determined that the victim died of 4-Fluoroisobutyryl fentanyl and carfentanil intoxication. Detectives seized the victim’s phone and recovered messages from the victim arranging to purchase drugs from an individual known as “Cake,” which is Marshall’s alias, and learned that Marshall was the source of the drugs sold to the victim. Further review of the phone revealed that the victim had been purchasing gel caps of heroin from “Cake” since October 2016.
As detailed in the plea agreement, on June 15, 2017, detectives conducted surveillance of Marshall and observed him engage in a hand-to-hand drug transaction. When detectives exited their vehicles to approach Marshall, he fled. Detectives were able to stop the person who had just purchased drugs from Marshall. The drugs were determined to be three gel caps of heroin and crack cocaine. On June 21, 2017, Harford County Task Force detectives executed a search warrant at Marshall’s residence and seized a bag containing 2.8 grams of cocaine. Marshall was arrested and agreed to waive his rights and speak to detectives, subsequently admitting to selling drugs to the overdose victim, as well as to the individual detectives stopped on June 15, 2017.
United States Attorney Robert K. Hur commended the DEA, the Harford County Sheriff’s Office and the other members of Harford County Narcotics Task Force, comprised of members of the Harford County Sheriff's Office, Maryland State Police, Aberdeen Police Department, Bel Air Police Department, Havre de Grace Police Department, and the Harford County State’s Attorney’s Office, for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Christopher J. Romano and Kim Y. Oldham, who prosecuted the case.
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8 Bronx Defendants Indicted in Connection with Drug Trafficking and Firearms OffensesRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of an indictment charging CARL WILBRIGHT, a/k/a “Brody,” TRAVIS BRECONIDGE, a/k/a “Jamaica,” ISAIAH FREEMAN, a/k/a “Oz,” LUIS GARCIA, a/k/a “Lu,” RICARDO GARCIA, a/k/a “Kika,” STANLEY HAMPTON, and JAMEL MURRAY with participating in a conspiracy to distribute crack cocaine and marijuana. WILBRIGHT and FREEMAN have also been charged with possessing firearms in furtherance of the narcotics conspiracy. The Indictment further charges FREEMAN and QUASHAWN ESCALERA, a/k/a “Tank,” with being felons in possession of ammunition in connection with a shooting that occurred on September 26, 2019. The case is assigned to U.S. District Judge Valerie E. Caproni.
Acting Manhattan U.S. Attorney Audrey Strauss said: “As alleged in the Indictment, the defendants are charged with narcotics trafficking and firearms offenses. We thank our partners at the NYPD for their outstanding work on this case.”
NYPD Commissioner Dermot Shea said: “These federal charges enhance the NYPD’s precision policing efforts to combat a crew of alleged narcotics distributors. I commend our partners in the U.S. Attorney’s office for the Southern District of New York for their sustained work in bringing this important case.”
As alleged in the Indictment unsealed last week in Manhattan federal court[1]:
From at least in or about 2018, up to and including in or about 2020, CARL WILBRIGHT, a/k/a “Brody,” TRAVIS BRECONIDGE, a/k/a “Jamaica,” ISAIAH FREEMAN, a/k/a “Oz,” LUIS GARCIA, a/k/a “Lu,” RICARDO GARCIA, a/k/a “Kika,” STANLEY HAMPTON, and JAMEL MURRAY, participated in a conspiracy to distribute 280 grams and more of crack cocaine and marijuana.
* * *
CARL WILBRIGHT, a/k/a “Brody,” LUIS GARCIA, a/k/a “Lu,” RICARDO GARCIA, a/k/a “Kika,” and JAMEL MURRAY were taken into custody last week and were presented before Judge Lehrburger. STANLEY HAMPTON surrendered yesterday and was presented before Judge Moses. TRAVIS BRECONIDGE, a/k/a “Jamaica,” QUASHAWN ESCALERA, a/k/a “Tank,” and ISAIAH FREEMAN, a/k/a “Oz,” remain at large.
A chart containing the names, charges, and maximum penalties for each of the defendants is set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only as any sentencing of a defendant would be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the NYPD.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorney Christopher J. Clore is in charge of the prosecution.
The charges contained in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics
Conspiracy
21 U.S.C. § 846
CARL WILBRIGHT, 47
TRAVIS BRECONIDGE, 28
ISAIAH FREEMAN, 32
LUIS GARCIA, 24
RICARDO GARCIA, 28
STANLEY HAMPTON, 25
JAMEL MURRAY, 43
Life in prison
Mandatory minimum of ten years in prison
2
Firearms Offense
18 U.S.C. §§ 924(c)(1)(A)(i) and 2
CARL WILBRIGHT
Life in prison
Mandatory minimum of five years in prison
3
Firearms Offense
18 U.S.C. § 924(c)(1)(A)(iii) and 2
ISAIAH FREEMAN
Life in prison
Mandatory minimum of ten years in prison
4
Felon in Possession of Ammunition
18 U.S.C. § 922(g)
QUASHAWN ESCALERA, 31
10 years in prison
5
Felon in Possession of Ammunition
18 U.S.C. § 922(g)
ISAIAH FREEMAN
10 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
$75,000 Worth of Methamphetamine Earns Iowa Man More Than a Decade in Federal PrisonRead the Press Release
A man who was arrested with ten pounds of methamphetamine in Cedar Rapids, Iowa, was sentenced December 21, 2020, to more than twelve years in federal prison.
Malik Sekou Sahid Buchanan, age 40, from Burlington, Iowa, received the prison term after a July 6, 2020 guilty plea to possessing meth with intent to distribute.
Buchanan was arrested delivering ten pounds of methamphetamine to the Cedar Rapids area. Buchanan had previously provided an individual with five pounds of methamphetamine. Buchanan was charging $5,000 per pound of meth. During the arrest, officers recovered methamphetamine from Buchanan’s car weighing approximately ten pounds. The meth was 100% pure.
Buchanan was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Buchanan was sentenced to 150 months’ imprisonment. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Buchanan is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of Cedar Rapids Police Department, the Marion Police Department, the Hiawatha Police Department, the Linn County Sheriff’s Office, the Tri-County Drug Task Force, the Waterloo Police Department, the Black Hawk County Sheriff’s Department, the Cedar Falls Police Department, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Division of Narcotics Enforcement, and the Drug Enforcement Administration.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-cr-00011.
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