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Newest first across public DOJ and U.S. Attorney press releases.
Friday 30 October 2020
U.S. Marshals Operation Results in Recovery of 27 Missing Children in VirginiaRead the Press Release
The Justice Department today announced the completion of a five-day law enforcement effort, dubbed “Operation Find Our Children,” throughout the Commonwealth of Virginia that resulted in the recovery of 27 previously missing children. The operation also confirmed the location of six additional children previously reported as missing but subsequently discovered by the U.S. Marshals Service as being in the custody of their legal guardian.
Led by deputy U.S. Marshals from the Eastern and Western Districts of Virginia, along with members of the U.S. Marshals Service Capital Area Regional Fugitive Task Force and special agents, police officers and detectives from numerous federal, state, and local law enforcement agencies, more than 60 law enforcement investigators formed the primary team in Operation Find Our Children. They were joined by more than 50 employees from the Virginia Department of Social Services and a team of medical professionals and experts from the National Center for Missing and Exploited Children (NCMEC).
The U.S. Marshals Service is leading the way in a nationwide effort to rescue and recover missing and exploited children, and aid in the prevention of human trafficking. Since 2005, the U.S. Marshals Service has recovered more than 2,000 missing children. Over the past five years, the agency has recovered missing children in 75 percent of the cases it has received. Of those recovered, 72 percent were recovered within seven days.
“The Department of Justice is dedicated to protecting the most vulnerable children in our society and ‘Operation Find Our Children’ does just that,” said Deputy Attorney General Jeffrey A. Rosen. “While this Virginia operation is the most recent recovery of endangered and missing children led by the U.S. Marshals Service this year, we have also recovered more than 440 kids in Georgia, Ohio, Indiana, Louisiana and other states. Because of this initiative, the recovered children are now out of harm’s way.”
“I can think of no more critical or satisfying mission for a law enforcement officer, than rescuing an endangered child,” said Nick E. Proffitt, U.S. Marshal for the Eastern District of Virginia. “This operation brought together a formidable team that was, and is, determined to come to the aid of our youth and bring to justice those among us that choose to prey on these vulnerable children. I am proud of the Deputy Marshals in the Eastern and Western Districts of Virginia and their partners for the work they accomplished this week – and the results speak for themselves; these 27 children are safe once again. I am deeply humbled and highly honored that our team in Eastern Virginia is a continuing part of this critical Marshals Service mission. We want the missing children across this great nation to know the U.S. Marshals Service will never stop looking for you, we will find you.”
“The U.S. Marshals Service has a legendary history of finding fugitives and bringing them to justice,” said Thomas L. Foster, U.S. Marshal for the Western District of Virginia. “Because of this specialized skill set, finding missing children is a natural extension of the Marshal’s mission. Although many of the 27 recoveries occurred in Virginia’s larger population centers, seven occurred in the Western District of Virginia to include Roanoke and Abingdon. This operation brought missing and exploited children to a place of safety and those who made the decision to prey upon them to justice.”
“What a tremendous testament to the power of cooperation and the mission of federal, state, and local law enforcement,” said U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia. “There is no greater mission than that of protecting and rescuing the most vulnerable. A huge debt of gratitude to the U.S. Marshal’s Service for their leadership of this operation and to all of the brave women and men of law enforcement who are responsible for saving these children.”
“There is no greater mission for law enforcement than rescuing an endangered child,” said Acting U.S. Attorney Daniel P. Bubar of the Western District of Virginia. “I applaud the U.S. Marshals in the Western and Eastern Districts of Virginia for their leadership and willingness to leverage their expertise and partner with sister agencies to bring missing children home. We stand ready to investigate and prosecute any leads that come from this important operation.”
“The National Center for Missing and Exploited Children was pleased to support the U.S. Marshals Service and the many support organizations that helped find and rescue these children,” said John F. Clark, President and CEO of NCMEC. “Missing children are extremely vulnerable to being trafficked for sex and are at risk of further emotional and physical harm. Because of this operation, 27 children have been found and are now safe.”
“Virginia Department of Social Services prioritizes and supports the safety and well-being of the children and families in Virginia, and prioritizes work with partners in achieving these goals, including this collaboration with the U.S. Marshals Service and through partnership with the local departments of social services, (LDSS) including those that directly supported the operation,” said Director of the Division of Family Services, Kristin Zagar.
Significant assistance for Operation Find Our Children was provided by the U.S. Attorney’s Offices for the Eastern and Western Districts of Virginia, along with the FBI, Homeland Security Investigations, Immigration and Customs Enforcement, Naval Criminal Investigative Service, U.S. Treasury Office of Inspector General, Metro Transit Police Department, Virginia State Police, Alexandria Sheriff’s Office, Chesterfield County Police Department, Chesterfield County Sheriff’s Office, Fairfax County Sheriff’s Office, Hampton Police Department, Henrico County Police Department, Norfolk Police Department, Prince William County Police Department, Portsmouth Police Department, Richmond City Police Department, Roanoke City Police Department, Virginia Beach Police Department, and Virginia Department of Corrections.
U.S. Attorney’s Office Reaches Settlement Under the False Claims Act over Illegal International Trade PracticesRead the Press Release
SAN JUAN, Puerto Rico – On October 20, 2020, Days and Towers, LLC. agreed to pay the United States of America the sum of $817,927.58, to settle claims under the False Claims Act, 31 U.S.C. §3729, and unpaid customs duties, announced United States Attorney for the District of Puerto Rico, W. Stephen Muldrow, and Ivan J. Arvelo, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge for Puerto Rico and U.S. Virgin Islands. The investigation leading to this settlement agreement revealed that from in or about August 2015, to in or about August 2019, Days and Towers submitted approximately 51 import product entries to U.S. Customs and Border Protection (CBP) containing false tariff schedules intending to reduce its customs obligations.
The settlement is the result of coordinated efforts between the U.S. Attorney’s Office, District of Puerto Rico, and the Global Trade Investigations (GTI) Task Force. The GTI is an integrated Task Force of ICE HSI and CBP personnel working together under the Caribbean Anti-Money Laundering Alliance (CMLA).
“This case underscores the collaborative efforts employed by the U.S. Attorney’s Office, in coordination law enforcement partners of HSI and CBP under the CMLA to hold individuals and corporate entities accountable for fraudulent conduct that disrupts our nation’s international trade,” said U.S. Attorney W. Stephen Muldrow. “Our office will continue to investigate illegal trade practices and will aggressively pursue civil and criminal actions against those who attempt to defraud the United States.”
“Violations under the federal False Claims Act can result in significant fines and penalties as this case clearly demonstrates,” said Iván J. Arvelo, Special Agent in Charge for HSI San Juan and the U.S. Virgin Islands. “HSI, along with our partners in the Caribbean Anti-Money Laundering Alliance, will continue working together against local and international money laundering and other serious financial crimes,” added Arvelo.
“CBP’s trade enforcement efforts seek to better identify, detect, and interdict shipments at risk of duty evasion,” indicated Gregory Álvarez, Director of Field Operations for Puerto Rico and the U.S. Virgin Islands. “CBP advances these efforts through partnerships with the private sector, advanced technology, and integrated enforcement.”
This case was prosecuted by Assistant U.S. Attorney Jorge L. Matos from the U.S. Attorney’s Office Civil Division, in conjunction with HSI Special Agents Rafael O. González and Ivan Serpa with the support of CBP.
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U.S. Attorney William M. McSwain Announces DOJ Statement of Interest Filed in Lawsuit Challenging Philadelphia’s Public Event MoratoriumRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that the U.S. Department of Justice has filed a Statement of Interest (“SOI”) today in a case pending in the Eastern District of Pennsylvania that challenges the City of Philadelphia’s “Event Moratorium” that prohibits issuing permits for expressive gatherings of 150 or more people on public property. The lawsuit claims that the Moratorium violates the rights of freedom of speech and freedom of assembly guaranteed by the First Amendment.
The SOI was filed in support of the plaintiff, the Philadelphia Vietnam Veterans Memorial Society (“PVV”), an organization that seeks to promote, honor, and dignify the memory of military veterans who served in Vietnam. PVV does so by sponsoring honor guards and rifle teams to attend veteran burial details and by participating in parades and other public events. PVV contends that it and other groups are adversely impacted by the City’s blanket ban on issuing permits for public gatherings.
On July 14, 2020, in response to the COVID-19 pandemic, the City of Philadelphia instituted the Event Moratorium, imposing a blanket ban on issuing permits for any public gatherings through February 2021. While the City claims that the Event Moratorium does not apply to First Amendment protected activity, nevertheless it will not issue permits for any such activity – and it simultaneously cancelled all festivals, parades, and public gatherings on City property initially involving 50 (but now 150) people.
At the same time that it has imposed the Event Moratorium, the City has explicitly allowed a group of any size to take to the streets without a permit if their stated purpose is to protest -- even if that group ignores social distancing, masking, or any other CDC guidelines. This is true even though concerns about virus transmission obviously apply with equal force to groups protesting without a permit and those parading with one. As set forth in the SOI, this disparate treatment (and double standard) is illogical, not narrowly tailored to serve a legitimate public health purpose, and unconstitutional.
“This is a case about more speech, not less,” said U.S. Attorney McSwain. “The City’s double standard – whereby is treats protests one way and any other First Amendment gathering a completely different way -- is illogical, favors particular messages, does not serve public health purposes, and is unconstitutional. The solution is not to limit protests. Rather, the solution is to eliminate the Event Moratorium and allow all speakers to express themselves in accordance with their constitutional rights.”
“The First Amendment to United States Constitution makes illegal any attempt by government to abridge the rights of the people to speak and assemble peacefully. Our Founders established these rights to enshrine in our law a very simple ideal: tyranny has no place in this free country. At a small town west of Philadelphia, at Gettysburg in 1863, President Abraham Lincoln observed that this United States of America was ‘conceived in liberty,’ and he challenged all of us ‘to be dedicated’ to a ‘new birth of freedom.’ We must and do accept President Lincoln’s challenge,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The Philadelphia Vietnam Veterans Memorial Society honors those brave patriots, living and dead, who fought, suffered, and died for our freedom and for the freedom of all humanity. The United States Department of Justice stands with them, and we will continue to fight for their liberty and the liberty of all people.”
The case is docketed as Philadelphia Vietnam Veterans Memorial Society v. Kenney, et al., Civil Action No. 20-cv-05418.
U.S. Attorney Presents Law Enforcement “Awards of Excellence”Read the Press Release
Last week, U.S. Attorney Erin Nealy Cox presented the 2020 United States Attorney’s Awards of Excellence, honoring law enforcement officers and agents who exceed the call of duty to keep their communities safe.
“Collectively, this room has thwarted terrorists, taken aim at white supremacists, apprehended violent criminals, brought to justice corrupt medical professionals, and exposed greedy public servants. This room is the very definition of excellence,” U.S. Attorney Nealy Cox said during a socially-distanced ceremony at the Belo in Dallas on Thursday. “We are proud to stand behind you and beside you.”
Awardees worked the following cases:
U.S. v Michael Kyle Sewell
Federal Bureau of Investigation with Arlington Police Department
This undercover investigation resulted in the prosecution of an 18-year-old who conspired to recruit individuals to Lashkar-e-Taiba, a Pakistani-based foreign terrorist organization. More here.Operation Diamond Blaster
Federal Bureau of Investigation with Dallas Police Department
This multi-year investigation resulted in the prosecution of 15 members of a violent transnational criminal enterprise who routinely robbed traveling diamond salesman. More here.U.S. v Jose Garcia-Lizanaga et al
Drug Enforcement Administration
This investigation led to the prosecution of high-level cocaine dealers in Lubbock and the seizure of more than 60 kg of cocaine, 8 firearms, and more than $500,000 cash.Operation Vanilla Ice
Texas Department of Public Safety and Dallas Police Department
This multi-year investigation led to the nation’s largest prosecution of individuals connected to white supremacist gangs. More than 150 gang members, most with violent criminal records, were sentenced to a combined 2,000+ years in federal prison. More here.U.S. v Donnie Ferrell
U.S. Postal Inspection Service
This investigation into the murder of U.S. Postal worker Tony Mosby relied on tips from two individuals inside the car with the defendant, who shot Mr. Mosby in a fit of road rage. More here.U.S. v Nelson Pabon et al
Federal Bureau of Investigation and IRS- Criminal Investigation Division with Dallas Police Department
This multi-year OCEDTF investigation revealed that several DFW Airport baggage handlers were using their positions to circumvent security in order to ship drugs and other contraband across the nation. More here.Dallas County Schools Investigation
Federal Bureau of Investigation and IRS-Criminal Investigation Division
This public corruption investigation uncovered a bribery scheme at Dallas City Hall, in which the owner of school bus stop arm camera company funneled nearly half a million dollars in bribes to former Mayor Pro Tem Dwaine Caraway, who resigned after charges were filed. More here.U.S. v Michael Webb
Homeland Security Investigations, Fort Worth Police Department, and Federal Bureau of Investigations
Following the abduction of an 8-year-old girl off the streets of Fort Worth, agents sprang into action to find her. The following morning, they recovered the child – alive – in a Forest Hills hotel room. The investigation led to the prosecution of the kidnapper, who received a life sentence. More here.U.S. v Darius Fields et al
Federal Bureau of Investigation
This investigation focused on those involved in the murder of an innocent 13-year-old kidnapped during a drug dispute and resulted in firearms charges against two defendants, both of whom were convicted at trial. More here.Operation Bruised Thumb
Bureau of Alcohol, Tobacco, Firearms, & Explosives with Dallas Police Department
This investigation led to the prosecution of 17 members of the “Bruised Thumb” gang on gun and drug charges, all while safeguarding the safety of a confidential informant.U.S. v Carlos Vengas et al
Drug Enforcement Administration with Commerce Police Department
This investigation revealed a network of sham clinics, fake patients, and complicit pharmacies working together to facilitate the illegal distribution of opiates like hydrocodone. The leader of the pill mill, who was convicted at trial, oversaw the unlawful prescription of nearly a million units of narcotics with no medical purpose. More here.U.S. v Said Rahim
Federal Bureau of Investigation and NOAA Office of Law Enforcement
This investigation revealed that a U.S. citizen was using a push-to-talk application to promote violence in the name of ISIS. The defendant was arrested at DFW Airport, where he was attempting to board a flight to Amman, Jordan, and later convicted at trial. More here.U.S. v Terrence Smith et al
Federal Housing Finance Agency Office of Inspector General
This investigation led to charges against three former executives of the Federal Home Loan Bank of Dallas, who submitted more than 100 fraudulent expense reports for personal travel they falsely claimed was business-related, submitted cash-out requests for dozens of used vacation days, and sought reimbursement for personal holiday gifts. More here.The U.S. Attorney and Chief U.S. District Judge Barbara M.G. Lynna also presented the “Administration of Justice” award, recognizing a staff member who consistently provides outstanding support, to Fort Worth Supervisory Legal Assistant Liuva Ruiz, and the “Barefoot Sanders Prosecutor of the Year” award to Amarillo-based Assistant U.S. Attorney Joshua Frausto.
Photos from the Awards Ceremony can be found here. The staff of the United States Attorney’s Office is grateful for law enforcement officers’ sacrifices, dedication, and skill.
U.S. Attorney Hyslop Appoints Election Officer for the Eastern District of WashingtonRead the Press Release
Spokane – William D. Hyslop, United States Attorney for the Eastern District of Washington, announced today that Assistant United States Attorney (AUSA) Ian Garriques will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. AUSA Garriques has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Washington, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
United States Attorney Hyslop said, “Voting is a fundamental right of every citizen of this Nation and is one of the foundations of our democracy. Every citizen entitled to vote must be able to do so without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will always act appropriately to protect the integrity of the election process. We will work to ensure those who seek to corrupt the right to vote are brought to justice.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
Yesterday, the Department of Justice released additional information on Election Day efforts to protect the right to vote and the prosecution of ballot fraud. A copy is attached.
In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Hyslop stated that AUSA/DEO Garriques will be on duty in the Eastern District of Washington. He can be reached by the public at the following telephone number during regular business hours: (509) 454-4425. Alternatively, after regular hours, complaints can be called to (509) 249-3726 or (509) 998-7637.
In addition, the Federal Bureau of Investigation (FBI) will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (206) 622-0460 or https://tips.fbi.gov.
Complaints about possible violations of the federal voting rights laws can also be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/.
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
United States Attorney Hyslop said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
doj_press_release.pdfU.S. Attorney Gregg N. Sofer Appoints Assistant U.S. Attorney Matthew B. Devlin as Election Officer for the Western District of TexasRead the Press Release
Assistant U.S. Attorney (AUSA) Matthew B. Devlin will lead the efforts of the U.S. Attorney’s Office for the Western District of Texas in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election, announced U.S. Attorney Gregg N. Sofer. In that capacity, AUSA Devlin is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
U.S. Attorney Sofer said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will always act appropriately to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
“The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice,” stated U.S. Attorney Sofer.
In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Sofer said that AUSA/DEO Devlin will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: (512) 916-5858 or (512) 673-2979.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The San Antonio FBI field office can be reached by the public at (210) 225-6741; the El Paso FBI field office, (915) 832-5000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
Please note, however, that in the case of a crime of violence or intimidation in the vicinity of a polling place, members of the public should call 911 immediately, before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
U.S. Attorney Sofer said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney Christina E. Nolan Announces DEA and Partner’s Results for National Prescription Drug Take Back DayRead the Press Release
The final tally is in from the 19th National Prescription Drug Take Back Day on October 24, 2020. The Drug Enforcement Administration’s New England Field Division and its partners, over the course of four hours, collected 115,944.24 pounds or over 57 tons of expired, unused, unwanted prescription drugs, electronic vaping devices and cartridges at 586 collection sites throughout New England. This is in comparison to the first National Prescription Drug Take Back Day in September 2010, when the division collected 25,810 pounds of unwanted drugs.
U.S. Attorney Christina E. Nolan praised the DEA for spearheading the take back initiative, and thanked state, local, and county Vermont law enforcement partners for participation and assistance with the program. She stated: “It goes without saying that we cannot charge our way out of the drug crisis. As we continue to vigorously pursue reduction of drug supply in Vermont through investigation and prosecution, we must work with equal vigor to reduce demand and prevent first time drug use. I commend our partners at DEA for recognizing the importance of prevention and for doing so much to remove excess pharmaceutical drug supply from homes throughout Vermont. Every pill taken back on Saturday contributes to a reduction in risk that a Vermonter will try opiates or other drugs for the first time. Accordingly, we should all celebrate this initiative.”
“Thanks to the public over 57 tons of unwanted, expired, unused, prescription drugs, electronic vaping devices and cartridges have now been taken out of harm’s way across New England,” said DEA Special Agent in Charge Brian D. Boyle. “Medicines that languish in home cabinets are highly susceptible to diversion, misuse and abuse. These events are only made possible through the hard work of our law enforcement, coalitions and community partners and DEA thanks each and every one of them for their efforts in making this initiative a huge success.”
The following is a breakdown of collected weights in pounds for the six New England States:
MA – 40,284.81 lbs.
ME – 40,100 lbs.
NH – 16,840 lbs.
CT – 8,002.5 lbs.
RI – 6,218.70 lbs.
VT – 4,498.23 lbs.
Total- 115,944.24 lbs.
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
Two Sallisaw Residents Sentenced to Conspiracy and Possession of Counterfeit Obligation, Misprision of A FelonyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced the sentencing of Sallisaw residents, Christopher Don Jackson, age 44, to 38 months’ imprisonment and 5 years’ supervised release for Conspiracy & Possession of Counterfeit Obligation of the United States; and Judith Gay Jackson, age 70, to 5 years’ probation for Misprision of a Felony. Christopher Jackson was charged via Indictment and Judith Jackson was charged via Information. The charges arose from an investigation by the Sallisaw Police Department and the United States Secret Service.
The Indictment alleged that beginning in or about July 2018, and continuing until on or about the 7th day of January, 2019, in the Eastern District of Oklahoma and elsewhere, Christopher Don Jackson knowingly and intentionally conspired, confederated and agreed with others known and unknown to the grand jury, to commit offenses against the United States. The Indictment also alleged that Jackson knowingly had in his possession and custody, with intent to sell or otherwise use, a falsely made and counterfeited fifty-dollar Federal Reserve Note, made after the similitude of obligations issued under the authority of the United States.
The Information alleged that between on or about October 9, 2018 and January 7, 2019, in the Eastern District of Oklahoma, the defendant, Judith Gay Jackson, having knowledge of the actual commission of a felony cognizable by a court of the United States, concealed the same by destroying a packet of counterfeit United States Federal Reserve Notes, and did not as soon as possible make known the same to some judge or other person in civil or military authority under the United States.
United States Attorney Brian J. Kuester said, “Those using counterfeit currency can very quickly do a lot of harm to a community by injecting worthless currency into unsuspecting local businesses. Fortunately for the City of Sallisaw and the surrounding areas, a prompt and thorough investigation by the Sallisaw Police Department and the United States Secret Service, Christopher Jackson’s scheme was abruptly ended and Judith Jackson’s efforts to subvert justice failed.”
“The United States Secret Service works in partnership with state and local law enforcement to aggressively investigate crimes involving the counterfeiting of U.S. Federal Reserve Notes,” said Glenn Dennis, Special Agent in Charge of the Oklahoma City U.S. Secret Service Field Office. ”The Oklahoma City Office of the Secret Service and the Sallisaw Police Department collaborated to bring this investigation to a successful conclusion. Defendants such as these hurt both business and the public by introducing counterfeit notes to the commercial market which could result in significant financial loss to a victim especially during hard times such as the current COVID-19 global pandemic.”
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearings. Assistant United States Attorney Clay Compton represented the United States at the respective sentencing hearings.
Two Individuals Charged with Trafficking Large Amounts of Meth in Eastern OregonRead the Press Release
MEDFORD, Ore.—U.S. Attorney Billy J. Williams announced today that an Ontario, Oregon resident, and a Weiser, Idaho resident have been charged with interstate trafficking of methamphetamines and other drugs.
Alma Lorena Pacheco Ortiz, 52, and Victor Gomez Casa 26, have been charged by criminal complaint with possession of controlled substances with intent to distribute, and Pacheco was also charged with possession of a firearm by a person unlawfully in the United States.
“Rural communities across Oregon have been ravaged by the effects of methamphetamine addiction” said U.S. Attorney Billy J. Williams “We cannot succeed in breaking the cycle of addiction and affliction in these communities when individuals like the defendants, motivated by greed, continue to provide a steady supply of poison. We are proud of the collaborative efforts to disrupt this long term drug trafficking enterprise”
“Communities are struggling to reduce or eliminate the physical and mental damage caused to individuals and communities by illicit drug addiction,” said Steven Romero, Ontario, Oregon Chief of Police. “Area law enforcement continue to use a ‘force multiplier’ approach for disrupting or dismantling international, multi-state and local drug trafficking and money laundering organizations. We’re proud work together with our law enforcement partners to make our communities safer.”
“I applaud the work of Federal, state, and local law enforcement in this effort,” said Malheur County, Oregon Sheriff Brian Wolfe. “People are being held accountable for serious illegal activity which in turn makes our communities safer.”
“Oregon State Police Troopers work diligently to observe signs of criminal activity during every traffic stop,” said Captain Tim Fox. “As part of this coordinated effort, our OSP Troopers engaged these observation skills which proved fruitful in pulling a significant amount of drugs off the streets.”
According to court documents, on October 25, 2020, law enforcement conducted a coordinated traffic stop on a 2015 Chevrolet Tahoe with Idaho plates. The driver of the car was Pacheco, and the passenger was the registered owner Victor Gomez Casa.
A search of the vehicle led to the discovery of a mechanically actuated trap located under the rear seat of the vehicle. Law enforcement was able to activate the trap, opening the storage compartment which revealed approximately 40 pounds of methamphetamine and a kilo of heroin. (PHOTO)
Pacheco admitted traveling to California to obtain drugs, which she had been transporting and distributing in Eastern Oregon for several years.
On the same day, law enforcement served a federal search warrant at Pacheco’s residence located in Ontario, Oregon. During the search, law enforcement located approximately $75,000 in United States currency, a firearm and additional suspected methamphetamines.
Law enforcement records indicate Pacheco was deported in 2013 to Mexico, Pacheco’s country of origin.
Pacheco and Casa are expected to make initial appearance in federal court in the near future.
The Oregon State Police, ATF, Malheur County Sheriff’s office, and Ontario Police Department investigated this case. It is being prosecuted by Marco Boccato, Assistant U.S. Attorney for the District of Oregon.
A criminal complaint is only an accusation of a crime, and a defendants are presumed innocent unless and until proven guilty.
Stacked packages of MethamphetamineTraffickers, One from South Carolina, Charged with Buying and Selling a 19-Year-Old "Sex Slave"Read the Press Release
The men who bought and sold a 19-year-old woman as a “sex slave” have been charged with human trafficking, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Following an intensive investigation, Alfonso Orozco Juarez, 35, and Robert Hubert, 66, were charged via criminal complaint with conspiracy to commit sex trafficking. Mr. Juarez was arrested at his home in Dallas and made his initial appearance in court in Dallas on Wednesday; Mr. Hubert was arrested at his home in Roebuck, SC, and made his initial appearance in court in Greenville, SC last week.
“This victim endured horrific abuse at the hands of these defendants. It’s unthinkable and frankly, difficult to learn that this type of thing is happening in our District,” said U.S. Attorney Erin Nealy Cox. “I am grateful that our North Texas Human Trafficking Task Force was able to act swiftly and aggressively. The Northern District of Texas and its partners in the District of New Mexico are committed to ending the scourge of human trafficking, one brutal case at a time.”
“Anyone that is involved in human trafficking activities – either as a member of a transnational criminal organization, a business owner exploiting his/her employees, or a street level pimp – should be viewed as a vicious predator. These despicable people who enrich themselves by exploiting the innocent have no place amongst law-abiding citizens and HSI will always combat it with every resource at our disposal. We will continue to collaborate with any law enforcement agency at any level of government in our shared efforts to bring human traffickers to justice,” said Ryan L. Spradlin, Special Agent in Charge of Homeland Security Investigations Dallas.
According to a criminal complaint unsealed yesterday afternoon, Mr. Juarez contacted the Santa Fe-based victim via a dating app in 2019. In September 2019, they met in person inside a Dallas motel room, where Mr. Juarez pistol whipped the victim, bruising her hand and jaw. He later gave her a “slave name” and threatened to kill her and her family if she did not consent to being sold for sex. At one point, Mr. Juarez pointed an unloaded gun at her head and pulled the trigger.
After repeatedly selling the victim for commercial sex, Mr. Juarez advertised her as a “slave” on a fetishism website, where he offered to sell her to the highest bidder. Mr. Hubert, screen name “The Darkest Lord,” offered $5,000.
In text messages with Mr. Hubert, Mr. Juarez referred to the victim as “the property” and bragged that she “submitted fully” after he “pistol whip[ped]” her.
“She’s totally dependent on me,” he wrote.
“SWEET,” Mr. Hubert responded. “I will take the slave.”
The men met up at a gas station in Dallas, where Mr. Hubert put the victim in his car to drive her to his home in South Carolina. After Mr. Hubert clamped a metal collar around her neck, threatened to brand her, and provided her with a list of “fetishes he likes,” the victim texted Mr. Juarez, pleading for help:
“I’m afraid if I don’t do something, he’s going to hurt me,” she said.
“Endure what you have to,” he responded. “He’ll punish you whip you . . . but not kill you.”
When they reached Mr. Hubert’s residence — where there was a room he described as a “dungeon”—Mr. Hubert required the victim to remove her clothes and “be naked all the time.” Terrified, the victim persuaded Mr. Hubert to let her call her parents.
The victim’s father begged Mr. Hubert to let his daughter go, but Mr. Hubert informed him that he had purchased the victim for $5,000 and demanded $5,000 back in exchange for her safe return. He even sent the victim’s father a “contract,” signed by both Mr. Juarez and Mr. Hubert, as proof of the “sale.” Eventually, Mr. Hubert relented, and the victim was able to escape by bus.
A criminal complaint is merely an allegation of wrongdoing, not evidence. Like all defendants, Mr. Juarez and Mr. Hubert are presumed innocent until proven guilty.
If convicted, both face up to life in federal prison.
Homeland Security Investigations and the North Texas Trafficking Task Force conducted the investigation with substantial support from the Crime Strategies Unit with the 2nd Judicial District Attorney's Office in Albuquerque, NM. Assistant U.S. Attorneys Andrew Briggs and Rebekah Ricketts of the Northern District of Texas are prosecuting the case, with significant assistance from Assistant U.S. Attorney Letitia Simms of the District of New Mexico.
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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.
Three admit to firearms feloniesRead the Press Release
McALLEN, Texas – Following the guilty pleas of three today, four local residents have now been convicted for knowingly making false statements in connection with firearms purchases from a local federally licensed dealer, announced U.S. Attorney Ryan K. Patrick.
Mario Fierro, 40, Pharr, admitted to recruiting Juan Angel Hernandez, Becky Lynn Villasenor and Felipe Tudon Jr. to purchase firearms from Rio Grande Valley firearms dealers. The weapons would then be smuggled into Mexico.
Hernandez, 35, San Juan, and Villasenor, 32, Harlingen, admitted in court today to making a materially false statement in connection with the purchase of firearms. Tudon 35, also of San Juan, previously pleaded guilty Sept. 4.
Villasenor acknowledged the purchase of a Beretta 9mm pistol and a 5.7x28mm caliber pistol at Fierro’s direction. She made materially false statements to the firearms dealer to secure the sale.
As part of his plea, Hernandez admitted Fierro hired him to recruit others. He then had Tudon make a materially false statement while purchasing a 5.7x28mm caliber firearm from a federally licensed dealer.
The investigation began in June 2019.
Tudon is set for sentencing before U.S. District Judge Randy Crane Nov. 17, while the three who pleaded today will be sentenced Jan. 13, 2021. Each faces up to 10 years in federal prison and a possible $250,000 maximum fine.
Tudon was permitted to remain on bond pending sentencing. Fierro, Hernandez and Villasenor have been and will remain in custody pending their hearings.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorneys Frances Blake Land and Kristina Pekkala are prosecuting the case.
Three Defendants Tried and Four Defendants Sentenced for Conspiracy to Commit Wire Fraud and Theft of Government FundsRead the Press Release
PENSACOLA, FLORIDA – With the trial of three defendants last week and the sentencing of four defendants yesterday, federal prosecutors are close to finishing their work in bringing to justice dozens of current and former federal, state, and local officials and prominent business people all connected in a scheme to defraud the United States Department of Agriculture (USDA). Lawrence Keefe, United States Attorney for the Northern District of Florida, announced the outcomes of the recent trial and sentencing hearings.
In November 2019, a federal grand jury returned a far-reaching indictment charging a County Executive Director of the United States Department of Agriculture’s Farm Service Agency with orchestrating a broad-based conspiracy to steal government drought assistance funds and hide the actions through identify theft, tax evasion, and other federal crimes. As a result of this crackdown by U.S. Attorney Keefe’s enhanced Public Trust Unit, 29 individuals were indicted; alleged to have defrauded the federal government, and taxpayers, of hundreds of thousands of dollars.
Duane Edward Crawson, 43, of Bonifay, Florida, led the conspiracy that included a former Holmes County Clerk of Court and numerous other individuals who had served in positions of public trust. Between May and December of 2017, while employed as a County Executive Director of the USDA’s Farm Service Agency for Bay, Holmes, and Washington counties, Crawson devised a kickback scheme in which he and his co-conspirators unlawfully obtained approximately $400,534 in taxpayer funds by submitting fraudulent drought assistance claims.
Crawson submitted fraudulent claims for livestock and farmland parcels that were not actually owned or leased by the conspirators, resulting in drought assistance funds being deposited into the conspirators’ bank accounts. The co-conspirators paid Crawson a portion of the fraud proceeds in the form of cash kickbacks.
On October 23, 2020, a federal trial jury found Danyel Witt guilty of conspiracy to commit wire fraud, theft of government funds and aggravated identity theft. The same jury returned a not-guilty verdict as to Jeremiah Rolling and Justin Chopelas on charges of conspiracy and theft of government funds. Witt’s sentencing hearing is scheduled for January 21, 2021.
Each of the remaining 26 defendants pled guilty to conspiracy to commit wire fraud and theft of government funds. Sentencing hearings were conducted yesterday for Crawson along with co-conspirators James Stacey Paul, Davey Eugene Mancill, and Ronald Ryan Roof. Sentences for all 26 are:
- Duane Edward Crawson, of Bonifay, Florida, 36 months in federal prison;
- Davey Eugene Mancill, of Westville, Florida, 24 months in federal prison;
- James Stacey Paul, of Bonifay, Florida, 18 months in federal prison;
- Jordan Ryan Hicks, of Ponce De Leon, Florida, 15 months in federal prison;
- Kyle Martin Hudson, of Westville, Florida, 12 months and 1day in federal prison;
- Dwayne Frazier White, of Bonifay, Florida, 12 days in federal prison, 4 years of probation;
- Ronald Ryan Roof, X, Florida, 4 years of probation;
- Christopher Marion Ammons, of Ponce De Leon, Florida, 4 years of probation;
- Sheryl Day Gillman, of Bonifay, Florida, 4 years of probation;
- Shyloe Rose Sachse, of Bonifay, Florida, 4 years of probation;
- Tillman Douglas Mears, of Bonifay, Florida, 4 years of probation;
- Dawn Marie Crutchfield, of Bonifay Florida, 4 years of probation;
- Megan Leann Roof, of Westville, Florida, 4 years of probation;
- Billy Coal Bradshaw, of Bonifay, Florida, 4 years of probation;
- James Erwin Mancill, of Bonifay, Florida, 4 years of probation;
- Joseph Matthew Crowder, of Caryville, Florida, 4 years of probation;
- Audrey Lynn Smith, of Caryville, Florida, 4 years of probation;
- Brian Anthony Ammons, of Ponce De Leon, Florida, 4 years of probation;
- Taylor Ward Stripling, of Westville, Florida, 4 years of probation;
- Dawn Marie Roof, of Chipley, Florida, 4 years of probation;
- Daniel Olajuwon Boston, of Chipley, Florida, 4 years of probation;
- Chassity Lynn Lee, of Bonifay, Florida, 4 years of probation;
- Jennifer Marie McCabe, of Bonifay, Florida, 4 years of probation;
- Justina Rae Williams, of Caryville, Florida, 4 years of probation;
- Joseph Bailey Alexander, of Chipley, Florida, 4 years of probation;
- Douglas Edward Mixon, of Westville, Florida, 2 years of probation
In addition to conspiracy to commit wire fraud and theft of government funds, Crawson, Davey Mancill, and Paul pled guilty to aggravated identity theft. Crawson also pled guilty to tax evasion, as well as obstruction of the internal revenue laws.
As a part of their sentence, each defendant has been ordered to pay restitution in the amount of their fraudulent claims. To date the government has received in excess of $120,000 of the $400,534 fraudulently obtained as a part of the kickback scheme.
This case resulted from a 20-month investigation conducted by a partnership of law enforcement agencies and prosecutors at all levels of government, including the United States Department of Agriculture-Office of Inspector General and the Internal Revenue Service-Criminal Investigations. Assistant United States Attorney Jason R. Coody is prosecuting the case.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Press Release - USDA Farm Agency FraudThe Justice Department Announces Statement of Interest Filed in Lawsuit Challenging Philadelphia's Moratorium that Cancelled the Veterans Day ParadeRead the Press Release
The Justice Department announced that a Statement of Interest (SOI) was filed today in a case pending in the Eastern District of Pennsylvania that challenges the City of Philadelphia’s “Event Moratorium” that prohibits issuing permits for gatherings of 150 or more people on public property.
The lawsuit claims that the Moratorium violates the rights of freedom of speech and freedom of assembly guaranteed by the First Amendment. The City of Philadelphia imposed a ban on permits for public gatherings, which led to the cancellation of its Veterans Day parade while at the same time allowing groups of any size to take to the streets without a permit to protest.
“The First Amendment to U.S. Constitution makes illegal any attempt by government to abridge the rights of the people to speak and assemble peacefully,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Our Founders established these rights to enshrine in our law a very simple ideal: tyranny has no place in this free country. At a small town west of Philadelphia, at Gettysburg in 1863, President Abraham Lincoln observed that the United States of America was ‘conceived in liberty,’ and he challenged all of us ‘to be dedicated’ to a ‘new birth of freedom.’ We must and do accept President Lincoln’s challenge. The Philadelphia Vietnam Veterans Memorial Society honors those brave patriots, living and dead, who fought, suffered, and died for our freedom and for the freedom of all humanity. The U.S. Department of Justice stands with them, and we will continue to fight for their liberty and the liberty of all people.”
“This is a case about more speech, not less,” said U.S. Attorney William M. McSwain of the Eastern District of Pennsylvania. “The city’s double standard – whereby is treats protests one way and any other First Amendment gathering a completely different way – is illogical, favors particular speakers and issues, does not serve public health purposes, and is unconstitutional. The solution is not to limit protests. Rather, the solution is to eliminate the Event Moratorium and allow all speakers to express themselves in accordance with their constitutional rights.”
The SOI was filed in support of the plaintiff, the Philadelphia Vietnam Veterans Memorial Society (Vietnam Veterans), an organization that seeks to promote, honor, and dignify the memory of military veterans who served in Vietnam. Vietnam Veterans does so by sponsoring honor guards and rifle teams to attend veteran burial details and by participating in parades and other public events. Vietnam Veterans contends that it and other groups are adversely impacted by the city’s blanket ban on issuing permits for public gatherings.
On July 14, 2020, in response to the COVID-19 pandemic, the City of Philadelphia instituted the Event Moratorium, which it revised on Sept. 21. In its current form, it bans the issuing of permits for any public gathering of 150 or more people through February 2021, thus cancelling all festivals, parades, and public gatherings on city property involving 150 or more people.
At the same time, the mayor has praised those protesting social justice issues without permits and the city has waived code violations for protesters. As set forth in the SOI, this disparate treatment (and double standard) may be “viewpoint discrimination” triggering strict scrutiny under the First Amendment. In any event, the SOI concludes, under First Amendment rules on restrictions on the time, place, and manner of speech, the moratorium on permits is an improper speech restriction, since it is not narrowly tailored and does not leave open ample alternative avenues for speech.
Tewksbury Man Charged with Bank RobberyRead the Press Release
BOSTON – A Tewksbury man was charged today in federal court in Boston with bank robbery.
Nicholas O’Neil, 37, was charged by criminal complaint with one count of bank robbery. O’Neil was arrested in Tewksbury on Sept. 22, 2020, has been in custody since. O’Neil was detained following his initial appearance in federal court in Boston today.
According to charging documents, on Sept. 22, 2020, O’Neil, entered a branch of the Santander Bank in Tewksbury, handed the teller a demand note and a red cloth bag. The teller placed $5,689 into the red bag back and handed it to the robber, who exited the bank. The robber allegedly sped away from the bank in a white pickup truck, which was reported to police. A short time later, the pickup truck was located and “boxed-in” in heavy traffic. Police officers removed and arrested the passenger, later determined to be O’Neil, without incident. Inside the vehicle, officers located the red bag with the bank’s money and the demand note.
The charge of bank robbery provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Tewksbury Police Chief Ryan M. Columbus made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Tennessee Resident Charged with Video VoyeurismRead the Press Release
BIRMINGHAM, Ala. – Federal prosecutors on Monday charged a Tennessee resident with video voyeurism, announced U.S. Attorney Prim F. Escalona and Tennessee Valley Authority Police and Emergency Management.
A one-count Information filed in U.S. District Court charges Lance W. Woods, 56, of Cypress Inn, TN, with violating a voyeurism statute that prohibits capturing an image of a private area of an individual without their consent. The incident occurred on April 29, 2019, at a Tennessee Valley Authority facility located in Colbert County, Alabama.
The maximum penalty for video voyeurism is one year in prison.
The Tennessee Valley Authority Police investigated the case. Assistant United States Attorney Michael Pillsbury is prosecuting the case.
An information contains only charges. A defendant is presumed innocent unless and until proven guilty.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Stockton Woman Indicted for Mail and Bank Fraud Schemes that Targeted California EDD Benefits and Identity-Theft VictimsRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 17-count indictment Thursday against Hopelyn Rhiannon Ausk, 24, of Stockton, charging her with mail fraud, bank fraud, aggravated identity theft, possession of stolen U.S. mail, unlawful possession of U.S. Postal Service keys, and obstruction of justice, U.S. Attorney McGregor W. Scott announced.
According to court documents, Ausk engaged in two separate fraud schemes that caused significant harm to the U.S. Department of Labor’s Unemployment Insurance program and identity-theft victims throughout Northern California. First, in 2020, she perpetrated a mail fraud scheme that targeted the Unemployment Insurance benefit program that California administers through its Employment Development Department (EDD). Under the 2020 CARES Act and the Pandemic Unemployment Assistance program, EDD is responsible for administering unemployment insurance benefits for qualifying residents who can no longer find employment due to the COVID-19 pandemic. Ausk obtained the personally identifiable information (PII) of at least 20 individuals and filed fraudulent unemployment insurance benefit claims under their identities. EDD approved many of these applications and mailed benefits in the form of prepaid debit cards to addresses under Ausk’s control. Once received in the mail, she activated the cards and spent the benefits on herself.
“The EDD is committed to doing everything possible to protect the unemployment insurance program and the essential benefits it provides to Californians in need,” said EDD Director Sharon Hilliard. “We are grateful for the partnership with law enforcement and other agencies at the federal, state and local level to expose, charge, and prosecute offenders to the fullest extent of the law.”
Second, in 2019 and 2020, Ausk perpetrated a bank fraud scheme that involved theft of U.S. mail, identity theft, and fraudulent use of stolen bank cards. Ausk manufactured counterfeit U.S. Postal Service keys to break into cluster mailboxes and steal mail containing victim PII, financial information, and bank cards. She then used the bank cards and victim accounts to obtain cash and purchase merchandise for herself. Some of the stolen mail also included U.S. Economic Impact Payment checks (i.e., stimulus checks) mailed to California residents.
Ausk is also charged with obstruction of justice because, as alleged in the indictment, she corruptly obstructed, influenced, and impeded an official proceeding, and attempted to do so, by warning criminal associates about the existence and course of a criminal investigation and prosecution and directing those criminal associates to destroy evidence.
This case is the product of an investigation by the U.S. Postal Inspection Service and the Stockton Police Department with assistance from the California Employment Development Department, Investigation Division. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.
If convicted, Ausk faces a maximum statutory penalty of 20 years in prison for mail fraud, 30 years in prison for bank fraud, and 20 years in prison for obstruction of justice. Ausk also faces a mandatory additional sentence of two years in prison if convicted of aggravated identity theft. She also faces a maximum fine of $250,000 on each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Stephan Man Indicted for Assault with Intent to Commit Murder and Other CrimesRead the Press Release
United States Attorney Ron Parsons announced that a Stephan, South Dakota, man has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Robbery, and Brandishing, Carrying, or Possession a Firearm during and in Relation to a Crime of Violence.
Robert Johnson, a/k/a Pitbull, age 42, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 28, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is any term of years, up to life, in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 20, 2020, in Lower Brule, Johnson assaulted an individual with a shotgun, which resulted in serious bodily injury. The Indictment further alleges he took a duffle bag, and its contents, from the victim.
The charges are merely accusations and Johnson is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Johnson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Statement of U.S. Attorney McSwain Regarding the Protection of Philadelphia Residents’ First Amendment Rights and the Filing of a Statement of Interest in "Philadelphia Vietnam Veterans Memorial Society v. James Kenney"Read the Press Release
PHILADELPHIA – United States Attorney William M. McSwain convened a press conference today to announce the filing of a Statement of Interest in a civil lawsuit filed against Philadelphia Mayor James Kenney and his Managing Director, challenging the City’s “Event Moratorium.” U.S. Attorney McSwain addressed the Moratorium’s unconstitutional double standard and the important role that the federal government has in safeguarding all citizens’ First Amendment rights, regardless of the content of the speech at issue.
Remarks as Prepared for Delivery
Earlier today, the Philadelphia Vietnam Veterans Memorial Society (“PVV”) filed suit in federal court in Philadelphia against Mayor Kenney and his Managing Director, alleging a violation of the organization’s and others’ First Amendment rights, based on the City’s refusal to grant any permits for parades or other expressive gatherings on public property. Also today, the U.S. Department of Justice and the U.S. Attorney’s Office filed a “Statement of Interest” in the case in support of the PVV. One of our important responsibilities at the U.S. Attorney’s Office is to safeguard civil rights, including First Amendment rights. The purpose of my remarks is to explain how this Statement of Interest does exactly that.
This is a case about more speech, not less. It is also a case about Philadelphia’s double standard whereby it treats some types of speech (protests) much more favorably than others (parades and other expressive gatherings that require a permit). There is no possible public health justification for this double standard. The City’s policy of banning parades and other expressive gatherings fails as a matter of constitutional law and basic common sense. Critically, the solution to eliminating this double standard is not to discourage or limit protests – two wrongs do not make a right. Instead, the solution is to allow all speakers to express themselves in accordance with their constitutional rights. The City’s illogical and unconstitutional ban on parades and other expressive gatherings should be eliminated. Again, more speech is the answer, not less.
The United States is committed to protecting the freedoms guaranteed by the First Amendment, which lie at the heart of a free society and are, in the words of James Madison, the “effectual guardian of every other right.” In the midst of the COVID-19 pandemic, the United States has a strong interest in the development and maintenance of public health policies that protect citizens from harm while still respecting their First Amendment rights, including the peaceful exercise of freedom of speech, freedom to assemble, and freedom to petition the government on matters of public importance in a traditional public forum.
The City of Philadelphia has announced an “Event Moratorium,” imposing a blanket ban on issuing permits for any large public gathering – initially of more than 50 people, subsequently increased to 150 people. While the City has allowed unpermitted demonstrations to occur, it has banned certain types of public gatherings, such as parades, which are unquestionably protected by the First Amendment. Parades come in many shapes and sizes, with myriad messages. Some are groups not much larger than 150 people and seek to express solemn messages. And, by their nature, parades almost always necessitate street closures and other safety measures, therefore requiring coordination and planning with the City through a permitting process. To hold a parade without coordination with the City is to invite disruption, or even disaster.
The demonstrations that ensued in Philadelphia since late May have shown the enduring importance of the First Amendment and the rights to free speech and free assembly. But those rights apply to all forms of speech and assembly; it is unconstitutional for the Philadelphia municipal government to shut down certain types of speech, while allowing other types of speech to proceed unchecked. More to the point, the City allows (and even encourages) large protests, but not parades or other expressive gatherings. This raises the specter of viewpoint discrimination – that the City is favoring certain kinds of speech because of its message.
Thus, while Philadelphia officials continue to bless unpermitted protests, the City has stated that it will deny a permit to groups seeking to engage in other forms of First Amendment-protected activity. The supposed reason for the blanket permitting ban is to prevent the spread of COVID-19 by eliminating large outdoor gatherings. By contrast, for those willing to take to the streets without a permit, a group of any size can do so – even if that group ignores social distancing, masking, or any other CDC guideline. This is true even though the same concerns about virus transmission would obviously apply with equal force to both situations. The City’s disparate treatment (and double standard) is illogical, favors particular speakers and issues, does not serve public health purposes, and is unconstitutional.
Indeed, the Supreme Court has often struck down ordinances where the distinction between two types of speech or expression is unrelated (or only tangentially related) to the government’s asserted interest. This is especially so where a less blunt approach could achieve the same ends. In short, if the City’s concern is that a large parade could cause an increase in transmission of COVID-19, a blanket ban for groups over 150 is not narrowly tailored to serve that interest, especially while also allowing other large gatherings to take place without permits. Moreover, when contrasted with the City’s recent decision to allow gatherings of up to 7,500 people in certain outdoor venues (including for Eagles games), the Event Moratorium is all the more unjustified. Rather than a blanket ban, the Constitution requires a narrowly tailored approach that might, for example, allow event organizers an opportunity to demonstrate appropriate safety measures.
At this time, I am happy to take any questions you have.
Sioux City Man on Robbery Spree Sentenced to Federal Prison for Robbery and Gun ChargesRead the Press Release
A man who robbed a Sioux City business on September 11, 2019, was sentenced October 27, 2020, to more than 10 years in federal prison.
Noah Pineda, 21, from Sioux City, Iowa, received the prison term after a guilty plea to interference with commerce by robbery, using, carrying, and brandishing a short-barreled rifle during and in relation to the robbery, and possession of a firearm by a domestic abuse misdemeanant.
Evidence presented by the United States at the detention, change of plea, and sentencing hearings revealed on September 11, 2019, Pineda entered Sarg’s Mini Mart convenience store wearing a hooded sweatshirt and a white mask. Pineda displayed a shortened rifle, pointed it at the clerk, and demanded money from the cash registers and clerk’s purse. Pineda grabbed the money out of both registers, took money from the clerk’s purse, and ran from the store. With the assistant of a police K9, Pineda was found hiding in nearby bushes and was arrested. Pineda admitted to the robbery. Pineda told officers he hid the gun, a loaded .22 caliber rifle, under a shed in the area where he was found hiding. Pineda admitted the September 11, 2019, robbery was just one of a number of armed robberies he had committed. Pineda has a long history of violence that started when he was 12 and includes convictions for domestic assault and domestic abuse assault causing bodily injury.
Pineda was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Pineda was sentenced to 132 months’ imprisonment. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system.
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. The United States Attorney’s Office has prosecuted this case with support from Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was investigated by the Sioux City Police Department. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4085. Follow us on Twitter @USAO_NDIA.
Sioux City Man Sentenced to Federal Prison for Firearm OffenseRead the Press Release
A man who illegally possessed a gun was sentenced October 29, 2020, to six years in federal prison.
Cordaro Whitsel, age 31, from Sioux City, Iowa, received the prison term after a June 19, 2020, guilty plea to being a felon, drug user, and domestic abuse misdemeanant in possession of a firearm.
Evidenced produced by the United States at the detention, change of plea, and sentencing hearings revealed that on November 16, 2019, at approximately 5:00 a.m., a person contacted the Sioux City Police Department and requested officers to come to her residence on Main Street in Sioux City right away because Cordaro Whitsel was there, on parole, unwelcome, and “irate.” At the time, Whitsel had prior convictions for Forgery, Theft, Burglary, and Domestic Abuse Assault. Officers arrived and found Whitsel outside the residence wearing a large camouflage backpack. Whitsel removed the backpack and set it next to him on the porch. Officers spoke with the 911 caller, who explained that she was assaulted by Whitsel during an argument while her children (ages 4 years, 2 years, and 4 months) were present in the residence. The 911 caller had visible injuries that were consistent with her statements. Whitsel was arrested. A small baggie of methamphetamine was found lying on the porch where Whitsel was seated. Inside the backpack, law enforcement found a loaded shotgun (one round in the chamber and 3 rounds in the magazine tube). Officers subsequently located a ballistic vest in the basement where Whitsel had been prior to the assault.
Whitsel was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Whitsel was sentenced to 72 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Whitsel is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe 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. The United States Attorney’s Office has prosecuted this case with support from our Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was investigated by the Sioux City Police Department and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4009.
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Shoshone Dairy Farm and Its Owner Plead Guilty to Clean Water Act ViolationRead the Press Release
BOISE – 4 Brothers Dairy, Inc. (4 Bros.) and its owner, Andrew Fitzgerald, 60, of Shoshone, Idaho, pleaded guilty to unlawful discharge of pollutant into a water of the United States, a misdemeanor violation of the Clean Water Act, announced U.S. Attorney Bart M. Davis today.
According to court records, 4 Bros. is a dairy and concentrated animal feeding operation (CAFO) operating in Shoshone with at least 1,000 head of cattle. It maintains waste-water lagoons that are adjacent to the Milner-Gooding Canal, which flows to the Malad River and on to the Snake and Columbia Rivers. In the winter season of 2017, record precipitation, record snowpack, and flooding occurred, leading to extreme runoff at the 4 Bros. property. In February 2017, during this period of flooding, 4 Bros. and Fitzgerald negligently caused discharges of manure laden water into the Milner Gooding Canal at three locations.
“My office takes very seriously the responsibility of protecting Idaho’s precious natural resources,” said U.S. Attorney Davis. “We will not hesitate to hold accountable any company or individual that pollutes United States waterways located in Idaho. This prosecution reflects what can be accomplished by working collaboratively with the EPA and our partner agencies in the State of Idaho.”
For the violation, 4 Bros., faces up to five years of probation and a fine of up to $25,000 per day of violation. Fitzgerald faces up to one year in prison and up to one year of supervised release or up to five years of probation and a fine of up to $25,000 per day of violation.
As part of the plea agreements, the parties have jointly recommended that 4 Bros. pay a fine of $95,000 and that Fitzgerald pay a fine of $35,000. In addition, 4 Bros. has agreed to submit a Notice of Intent to seek coverage under the Environmental Protection Agency’s CAFO National Pollution Discharge Elimination System permit program for Idaho.
“We are all responsible for keeping our communities safe and protecting our natural resources. 4 Brothers’ Dairy and its owner, Andrew Fitzgerald, failed in this regard when they allowed hundreds of thousands of gallons of manure to enter the Milner-Gooding Canal, a tributary to some of Idaho’s most treasured waterways,” said Scot Adair, Special Agent in Charge of EPA’s Criminal Investigation Division in the Northwest. “Today’s guilty plea demonstrates that we will hold violators accountable for breaking our environmental laws.”
Sentencing for both 4 Bros. and Fitzgerald has been set for January 14, 2021 before U.S. Magistrate Judge Candy W. Dale. The Court has taken under advisement the terms of the parties’ plea agreements.
This case was investigated by the Environmental Protection Agency, Idaho Department of Environmental Quality, Idaho Department of Agriculture, and the Lincoln County Sheriff’s Office.
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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.
Sex Offender Pleads Guilty to Child Exploitation OffenseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that PHILIP FROST, 30, formerly of Waterbury, waived his right to be indicted and pleaded guilty today to one count of receipt of child pornography.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding before U.S. Magistrate Judge Robert M. Spector occurred via videoconference.
According to court documents and statements made in court, in March 2016, Frost was convicted in state court of possessing child pornography in the second degree. On October 1, 2019, while Frost was on special parole and residing in a halfway house, a staff member at the halfway house discovered Frost was in possession of a smartphone, which was a violation of Frost’s parole conditions. The staff member secured the phone and contacted Frost’s parole officer. That evening, before the parole officer arrived the next morning, Frost used another resident’s phone to delete the history of his various online messaging accounts.
Subsequent analysis of Frost’s smartphone revealed images of child pornography, including images depicting the sexual abuse of prepubescent children. Frost had received the images on his smartphone after searching for them on the internet.
The investigation further revealed that, between July 31, 2019 and October 1, 2019, Frost engaged in sexual conduct with a 15-year-old victim. Frost provided a cellphone to the minor victim so that they could communicate, and he enticed the minor victim to send him images of the minor victim engaging in sexually explicit conduct. Frost also received these images on his smartphone.
Frost was on the Connecticut Sex Offender Registry at the time this criminal conduct.
Frost is scheduled be sentenced by U.S. District Judge Robert N. Chatigny on January 28, 2021, at which time he faces a mandatory minimum term of imprisonment of 15 years and a maximum term of imprisonment of 40 years.
The minimum and maximum penalties in this case are enhanced based on Frost’s criminal history.
Frost has been detained since October 2, 2019.
This matter is being investigated by the Connecticut State Police and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Margaret M. Donovan.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Seven Defendants Arrested, Charged with Narcotics Conspiracy Operating in the Jamestown, NY AreaRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 34-count superseding indictment charging seven defendants for their roles in a narcotics conspiracy. Defendants Rocco A. Beardsley, Tyler N. Tedesco, Miller Hagga, a/k/a Kido, Kylie M. Reeves, Garland Beardsley, a/k/a Charlie Beardsley, and Austin Gordon, are charged with narcotics conspiracy. Rocco Beardsley is also charged with engaging in a continuing criminal enterprise, conspiracy to commit money laundering, and possession of a firearm in furtherance of his drug trafficking activities. All six defendants faces up to life in prison if convicted.
Assistant U.S. Attorneys Joshua A. Violanti and Misha Coulson, who are handling the case, stated that according to the superseding indictment, between December 2018 and October 27, 2020, the defendants participated in a drug trafficking ring led by defendant Rocco Beardsley. The ring sold methamphetamine, heroin, fentanyl, acetyl fentanyl, cocaine, crack cocaine, and hydrocodone in the Jamestown area. The defendants are accused of selling the illegal substances to, among others, a person under 21 years old and a pregnant woman. The conspiracy utilized residences at 12 Bishop Street, 631 Newland, 711 Newland, 158 Sampson Street, and 20 W. Cowden Place, all in Jamestown, to manufacture and distribute drugs.
In addition, a seventh defendant, Giselle Bennett is charged with obstruction of justice. The indictment states that in October 2019, in testimony before the grand jury, Bennett concealed information regarding the drug use of an individual identified as J.A., the circumstances of J.A. and defendant Bennett’s acquisition of narcotics, and the circumstances surrounding a visit by defendant Rocco Beardsley to J.A.’s residence shared with defendant Bennett. She faces up to 10 years in prison if convicted.
The defendants were arraigned before U.S. Magistrate Judge Michael J. Roemer. Defendants Rocco Beardsley, Tedesco, Hagga, Reeves, Gordon, and Bennett were detained. Defendant Garland Beardsley was released on conditions.
The plea is the result of an investigation by the Jamestown Police Department and the Jamestown Metro Drug Task Force, under the direction of Acting Jamestown Police Chief Timothy Jackson; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Self-Proclaimed Boogaloo Bois Member Residing in San Antonio Arrested and Charged Federally with Illegally Possessing a FirearmRead the Press Release
A self-proclaimed Boogaloo Bois member residing in San Antonio faces a federal firearms charge, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
A federal criminal complaint filed yesterday in San Antonio charges 21–year-old Cameron Emerson Casey Rankin with one count of being a prohibited person in possession of a firearm as a result of previously being committed to a mental institution. FBI agents arrested Rankin Wednesday and recovered a black semi-automatic rifle during the execution of a search warrant at his residence. He remains in federal custody at this time.
According to the criminal complaint, Rankin was in unlawful possession of a firearm, with the capability and means to affect violence in furtherance of his beliefs and has expressed a desire to overthrow the government, specifically, the “three letter agencies” such as ATF, FBI and IRS.
“Firearms in the hands of prohibited persons present a real danger to the law abiding residents of our community. When illegal firearms possession is combined with mental illness and violent, extremist ideologies, we have a prescription for disaster. Thanks to the efforts of the local, state and federal law enforcement agencies assigned to the San Antonio FBI’s Joint Terrorism Task Force (JTTF) and the ATF, our community is safer today. We will use the full breadth of federal firearms laws to ensure that prohibited persons do not possess or use guns in our neighborhoods,” stated U.S. Attorney Sofer.
The complaint states that Rankin attempted to purchase two long guns from a San Antonio retail outlet on March 23, 2018, but was denied the firearms transactions under the “Prohibited Category” for previously being committed to a mental institution.
After being warned by agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that he was a prohibited person, Rankin posted pictures of himself with a firearm on social media. On May 30, 2020, Rankin and others, carrying long guns and pistols, appeared at the Alamo in downtown San Antonio to attend a protest in reaction to the death of George Floyd. The next day, Rankin posted on his Facebook account photos of himself and others carrying a firearm at the protest as well as comments about his disdain for police including, “…hope they burn the precinct down” and “I’m BOOGALOO we hate police.”
The complaint further alleges that on August 4, 2020, Rankin posted a “selfie” photo on his Facebook timeline showing him holding a black, semi-automatic rifle in a vertical position against his shoulder with his finger on the trigger. Rankin posted other photos which included a quote, stating, “Diligently Plotting to Take Over the World in order to Leave You Alone”.
On August 11, 2020, Rankin arrived at the airport in Manchester, New Hampshire. He flew out of San Antonio International Airport the previous day. Rankin checked a semiautomatic handgun in his luggage while at the ticket counter, but missed a connecting flight in Philadelphia, PA. Upon his arrival in Manchester, Rankin was met inside the terminal by ATF agents who served Rankin written notice that he is prohibited from possessing firearms. The agents also provided him with copies of his mental health records. Agents seized the handgun and ammunition from inside Rankin’s luggage. Rankin threw the notice letter and mental health records in the trash receptacle before leaving the airport terminal.
“San Antonio FBI’s Joint Terrorism Task Force, and each of the member agencies, are committed to working hard every day to keep our communities safe from violent extremists,” stated FBI Special Agent in Charge Combs. “We encourage members of the public to help us with this important and challenging effort by continuing to report suspicious activity or suspected acts of violence.”
Upon conviction, Rankin faces up to ten years in federal prison. Rankin is scheduled for a detention hearing at 10:00am on Wednesday, November 4, 2020, before U.S. Magistrate Judge Richard B. Farrer in San Antonio.
The San Antonio FBI’s JTTF is conducting this investigation with assistance from the ATF. Assistant U.S. Attorneys William R. Harris and Mark Roomberg are prosecuting this case on behalf of the government.
This case falls with the purview of the Attorney General’s Task Force to Combat Violent Anti-Government Extremism. Launched in June 2020, the Task Force is dedicated to supporting the investigation and prosecution of any person or group who commits violence in the name of an anti-government ideology.
This case is also a part of Project Guardian, which is 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 ATF 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. Click here for more information about Project Guardian.
It is important to note that a criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
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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.
Scranton Man Sentenced for Making False Statements in Public Corruption CaseRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Edward Weidow, Sr., age 67, of Scranton, Pennsylvania was sentenced on October 29, 2020, to serve two years’ probation followed by 100 hours of community service by United States District Judge Malachy E. Mannion, for making false statements to federal law enforcement officers.
According to United States Attorney David J. Freed, Weidow pled guilty to making false statements to federal investigators in a public corruption investigation involving former Mayor of Scranton, William Courtright. Weidow took cash from vendors and then transferred the cash to former Mayor of Scranton William Courtright. When Weidow was interviewed on January 9, 2019 by the FBI, he denied giving cash to Courtright, when in fact on numerous occasions, he had done so.
On October 2, 2020, Courtright was sentenced to seven years’ incarceration after pleading guilty to multiple public corruption crimes. Courtright was ordered to surrender to the Bureau of Prisons to begin his sentence on October 30, 2020.
Courtright’s corrupt activities came to light during a multi-year undercover investigation headed by the FBI. The undercover investigation revealed that the former mayor accepted cash payments from vendors doing business with the city in a pay-to-play scheme.
The case was investigated by the FBI, the Pennsylvania State Police, and the Internal Revenue Service Criminal Investigation. Assistant United States Attorneys Michelle Olshefski and Michael Consiglio prosecuted the case.
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Salem County Man Charged with Being Felon in Possession of WeaponRead the Press Release
CAMDEN, N.J. – A Salem County, New Jersey, man made his initial appearance today after being charged with illegally possessing a handgun, U.S. Attorney Craig Carpenito announced.
Donyell M. Stewart, 48, of Salem, New Jersey, is charged by complaint with one count of possession of a firearm and ammunition by a convicted felon. He appeared by videoconference before U.S. Magistrate Judge Ann Marie Donio and was detained pending a bail hearing next week.
According to documents filed in this case:
On Aug. 31, 2020, an officer with the Salem County Sheriff’s Office attempted to conduct a stop of Stewart’s car after a 911 caller reported that Stewart’s car fled from a car accident. Stewart disregarded the officer’s signals to stop and proceeded to drive multiple blocks before pulling into the parking lot of a laundromat. Stewart exited his car with a brown handbag, from which officers later recovered a Springfield Armory XD .40 caliber pistol loaded with 10 rounds of ammunition, as well as 5.5 ounces of suspected cocaine and drug paraphernalia. Stewart has at least five prior New Jersey felony convictions for controlled substance offenses, including a New Jersey conviction for being the leader of a narcotics trafficking network.
The charge of possession of a weapon by a convicted felon is punishable by a maximum penalty of 10 years in prison and a fine of up to $250,000.
This case is 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 ensured 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.
U.S. Attorney Carpenito credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Charlie J. Patterson, Newark Field Division, Camden Field Office, with the investigation leading to today’s charge. He also thanked the Salem City Police Department, under the direction of Chief John A. Pelura, III; the Salem County Sheriff’s Office, under the direction of Sheriff Charles M. Miller; and the Salem County Prosecutor’s Office, under the direction of Prosecutor John T. Lenahan, for their assistance.
The government is represented by Assistant U.S. Attorney Jeffrey Bender of the U.S. Attorney’s Office in Camden.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Rochester Man Pleads Guilty to Tax ViolationRead 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 Robert Fitzgerald, of Rochester, NY pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to failing to collect and pay over payroll taxes to the Internal Revenue Service. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the defendant was the principal corporate officer of Fitzgerald Coaching Inc., a Western New York real estate listings referral company. Fitzgerald was required to collect and pay over Social Security and Medicare taxes to the Internal Revenue Service on behalf of the company. During the years 2010 through 2017, Fitzgerald Coaching Inc. failed to report wages that were subject to Social Security and Medicare taxes totaling $55,487.65. The employer portion of the Social Security and Medicare taxes not paid to the IRS was $66,720.11. The total due to the IRS for both employee and employer Social Security and Medicare taxes is $122,207.16.
The plea was the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for January 12, 2020, at 2:30 p.m. before Judge Geraci.
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Rhode Island Man Charged with Sex TraffickingRead the Press Release
BOSTON – A Woonsocket, R.I. man has been charged with trafficking victims to engage in prostitution.
Ronald Hall, 48, was indicted on Oct. 28, 2020 on five counts of sex trafficking by force, fraud or coercion and one count of transportation of an individual with intent to engage in prostitution.
According to the indictment, from at least January 2012 to December 2019, Hall trafficked five victims between Massachusetts, Rhode Island, Connecticut, New Jersey, New York and Las Vegas, Nev., with the intent that each victim would engage in prostitution, and used force and threats of force to coerce them to do so. Hall also transported these women between Massachusetts and Rhode Island and Connecticut with the intent they engage in prostitution.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The charge of sex trafficking provides for a mandatory minimum sentence of 15 years and up to a lifetime in prison, five years of supervised release and a fine of $250,000. The charge of transportation for purposes of prostitution provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentence 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; David Magdycz Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. Assistant U.S. Evan Gotlob of Lelling’s Civil Rights Enforcement Team is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven beyond a reasonable doubt in a court of law.
Record 57 Tons of Prescription Drugs, Electronic Vaping Devices and Cartridges Collected Around New England During 19th National Prescription Drug Take Back DayRead the Press Release
PORTLAND, Maine: U.S. Attorney Halsey B. Frank joined the U.S. Drug Enforcement Administration in announcing the results from the 19th National Prescription Drug Take Back Day, which occurred on October 26, 2020.
Over the course of four hours, DEA New England and its partners collected 115,944.24 pounds—or over 57 tons—of expired, unused, unwanted prescription drugs, electronic vaping devices and cartridges at 586 collection sites throughout New England. This is in comparison to the first National Prescription Drug Take Back Day in September 2010, when the division collected 25,810 pounds of unwanted drugs.
Maine had the second highest total in all of New England, with 40,100 pounds of prescription drugs and vaping devices collected.
“Thanks to the public over 57 tons of unwanted, expired, unused, prescription drugs, electronic vaping devices and cartridges have now been taken out of harm’s way across New England,” said DEA Special Agent in Charge Brian D. Boyle. “Medicines that languish in home cabinets are highly susceptible to diversion, misuse and abuse. These events are only made possible through the hard work of our law enforcement, coalitions and community partners and DEA thanks each and every one of them for their efforts in making this initiative a huge success.”
The following is a breakdown of collected weights in pounds for the six New England states:
Massachusetts
40,284.81
Maine
40,100.00
New Hampshire
16,840.00
Connecticut
8,002.50
Rhode Island
6,218.70
Vermont
4,498.23
Total
115,944.24
Recently Released Federal Felon Indicted on Drug ChargesRead the Press Release
Fort Myers, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging David Levon Massey (31, Cape Coral) with possession with the intent to distribute heroin and 40 grams or more of fentanyl. If convicted, Massey faces a minimum mandatory term of 10 years, and up to life, in federal prison. Massey has two prior convictions for federal drug offenses.
According to court documents, in February 2020 Massey was released from federal prison and told his probation officer that he would be living at a house in northwest Cape Coral. However, law enforcement determined that Massey was secretly living in an apartment off Pine Island Road in Cape Coral, and he was dealing drugs again. On October 7, 2020, law enforcement officers arrested Massey as he was leaving his apartment. A subsequent search of the residence revealed approximately 50 grams of fentanyl, 36 grams of heroin, a cutting agent, scales, and nearly $8,000 in cash.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration and the Cape Coral Police Department. It will be prosecuted by Assistant United States Attorney Michel V. Leeman.
Rapid City Man Indicted for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Failure to Register as a Sex Offender.
Jose Padilla, age 52, was indicted on September 9, 2020. Padilla appeared before U.S. Magistrate Judge Daneta Wollmann on October 27, 2020, and pleaded not guilty to the Indictment. The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Padilla was convicted of Lewd or Lascivious Acts with a Child in January 2000. As a result of the conviction, he is required to register as a sex offender for life. The Indictment alleges between November 23, 2014, and continuing through the date of Indictment, Padilla failed to properly register as a sex offender and update his registration. The charge is merely an accusation and Padilla is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Padilla was released on bond. A trial date has not been set.
R.I. Slaughterhouse, Owners Indicted for Placing USDA Stamps on Uninspected ProductsRead the Press Release
PROVIDENCE – A federal grand jury in Providence today returned a three-count indictment charging a Johnston, Rhode Island, beef slaughterhouse and its owners with affixing United States Department of Agriculture (USDA) inspection stamps on beef products without authorization of the USDA.
It is alleged in the indictment that Rhode Island Beef and Veal, Inc., and its owners, Michael A. Quattrucci and Joel Quattrucci, intended to defraud its customers by using an official mark of inspection, a USDA stamp, on beef, falsely representing that the beef had been inspected and passed by the USDA when, in fact, it had not.
It is also alleged in the indictment that the defendants prepared beef for use as food at establishments preparing such beef for commerce, without complying with the requirements of the Federal Meat Inspection Act.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case, announced by United States Attorney Aaron L. Weisman and Paul Kiecker, Administrator of the USDA Food Safety and Inspection Service, is being prosecuted by Assistant U.S. Attorney Zechariah Chafee.
The matter was investigated by the USDA Food Safety and Inspection Service.
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Previously Convicted Former Physician Pleads Guilty to Wire Fraud, Health Care Fraud, and Aggravated Identity TheftRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced that SPYROS PANOS, a former orthopedic surgeon, who was previously convicted of health care fraud, pled guilty yesterday before U.S. District Judge Kenneth M. Karas to charges of wire fraud, health care fraud, and aggravated identity theft, in connection with a scheme in which he assumed the identity of a licensed orthopedic surgeon and obtained over $876,000 in payments for reviewing patient files in connection with healthcare appeals and Workers Compensation cases.
Acting U.S. Attorney Audrey Strauss said: “Spyros Panos, a former surgeon who surrendered his medical license after a prior conviction in this District for health care fraud, has admitted to committing health care fraud again, this time by impersonating a licensed doctor. Now, for a second time, Panos awaits sentencing for his criminal conduct.”
According to the allegations in the Indictment to which PANOS pled guilty, PANOS, an unlicensed physician, perpetrated a scheme to defraud medical peer review companies by impersonating a licensed orthopedic surgeon practicing in Westchester County (“Doctor-1”). Among other things, PANOS submitted Doctor-1’s credentials to peer review companies and conducted peer reviews using Doctor-1’s name and credentials. During the course of the scheme, PANOS defrauded the peer review companies of $876,389.97.
According to court documents, in advance of his November 2, 2020, trial, PANOS submitted proposed defense exhibits that included fraudulent emails and records.
PANOS, 52, of Hopewell Junction, New York, pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison, one count of health care fraud, which carries a maximum sentence of 10 years in prison, and one count of aggravated identity theft, which carries a mandatory minimum sentence of two years in prison. The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
PANOS is scheduled to be sentenced by Judge Karas on March 16, 2021, at 10:00 a.m.
In connection with his plea, PANOS agreed to forfeit $876,389.97, and to pay restitution in the same amount.
Ms. Strauss praised the outstanding investigative work of the U.S. Postal Inspection Service, the Office of the Inspector General of the U.S. Department of Health and Human Services, and the New York Inspector General for their assistance.
The case is being prosecuted by the Office’s White Plains Division. Assistant U.S. Attorneys Margery B. Feinzig and Lindsey Keenan are in charge of the prosecution.
Philadelphia Woman Who Stole over $2 Million in Tax Refunds and also Committed Real Estate Fraud Sentenced to 8 ½ YearsRead the Press Release
PHILADELPHIA - United States Attorney William M. McSwain announced that Vontia Jones, 39, of Philadelphia, PA, was sentenced to eight and a half years in prison, three years of supervised release, and ordered to pay $2,319,278 in restitution by United States District Judge Joel H. Slomsky for obtaining the personal identifying information of people and using that information to file more than 900 fraudulent tax returns with the IRS, netting her over $2,319,000 in fraudulent refunds. The defendant also engaged in real estate fraud by purporting to sell properties to buyers using fraudulent documents.
The defendant pleaded guilty in August 2019 to more than 30 fraud charges, including conspiracy to make false claims to the IRS; making, and aiding and abetting the making of false claims to the IRS; wire fraud; and aggravated identity theft. Jones operated a business that she identified by various names including “Jones Tax Service,” “Earned Income Credit Unit,” “EIC Unit,” and “Eelysium,” out of her home in the 1400 block of West Cayuga Street in Philadelphia for a period of roughly seven years. Together with her co-conspirators, Jones filed or directed others to file over 900 fraudulent tax returns claiming fictious self-employment income resulting in tax refund payouts by the IRS of more $2,319,000.
The conspirators solicited the personal information of individuals and their dependents under the guise of getting them “tax money,” even if they never worked. Jones designed flyers advertising her services that stated: “Don’t you deserve some income tax money too? $750 [per child] welfare social security unemployment disability even if you never had a job.” Each of the returns submitted to the IRS was submitted by the defendant or her conspirators as self-prepared, as if it had been done by the individual taxpayer whose information had been stolen.
In addition to the tax return scheme, Jones also organized and operated a scheme to file phony deeds for multiple residential properties in Philadelphia, purporting to transfer ownership of the houses in order to sell them for a profit. Th defendant would research homes on real estate websites, typically targeting those where the owner had died or moved away, and would charge several thousand dollars to sell someone else one of these houses that she “deeded up.”
“Jones’ greed impacted the lives of many hundreds of victims, and her shameful actions had severe consequences for these innocent people,” said U.S. Attorney McSwain. “Not only did she and her co-conspirators steal personal information in order steal tax return money from the government, but also she sold people’s houses right out from underneath them to other people who believed that they were buying property from her legitimately. For her actions, she will now spend the better part of a decade in prison.”
“The degree to which Vontia Jones and her co-conspirators went in order to perpetrate this scheme is astounding,” said IRS Criminal Investigation Special Agent in Charge Thomas Fattorusso. “Not only did Vontia Jones steal the identities of unwitting individuals, she also stole millions of dollars from the US government; and ultimately US taxpayers. Today, she stands a convicted felon who will spend years in federal prison.”
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service, and is being prosecuted by Assistant United States Attorney Anthony J. Wzorek.
Philadelphia Man Convicted of Narcotics, Firearms Charges at TrialRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Sunny Sok, 30, of Philadelphia, PA, was convicted at trial of firearms and narcotics offenses arising from his illegal possession of a firearm and more than 50 grams of methamphetamine.
In June 2019, Sok was charged by Indictment with possession with intent to distribute more than 50 grams of methamphetamine, possession of a firearm during a drug trafficking crime, and being a felon in possession of a firearm. In April 2019, the defendant was stopped by a Philadelphia Police officer for a traffic violation. The officer then learned that the vehicle’s registration was expired and that there was an open arrest warrant out for the vehicle’s owner for probation violations. After discovering this information, the officer asked the defendant to exit the car. When Sok opened the door, the officer observed drug paraphernalia inside. Upon a further search of the vehicle, the officer recovered 50 grams of methamphetamine, over 300 pills of counterfeit oxycodone, a digital scale, and a loaded gun.
“The crime of being a felon in possession of a firearm is a serious offense, especially when the firearm is used in furtherance of drug dealing. This trial victory is an important step in the direction of making Philadelphia safer, when the City is currently suffering from an epidemic of violent crime and insidious drug dealing,” said U.S. Attorney McSwain. “My Office is determined to get dangerous, repeat offenders off the streets and behind bars.”
“This case is a good example of our law enforcement partners working with ATF’s crime gun intelligence to remove repeat offenders from the streets of our communities,” said Matthew Varisco, Special Agent in Charge of ATF’s Philadelphia Field Division. “A federal jury has convicted this defendant of federal crimes, so he is no longer in a position to endanger anyone else.”
The case was investigated by the City of Philadelphia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives, and is being prosecuted by Assistant United States Attorney Anita Eve.
Philadelphia Man Admits Role in Fentanyl Distribution ConspiracyRead the Press Release
CAMDEN, N.J. – A Philadelphia man today admitted his role in a fentanyl distribution conspiracy, U.S. Attorney Craig Carpenito announced.
Jonathan Rivera Pagan, 37, pleaded guilty by videoconference before U.S. District Judge Noel L. Hillman to an information charging him with conspiring to distribute and possess with intent to distribute 400 grams or more of fentanyl.
According to documents filed in this case and statements made in court:
In early 2020, Rivera Pagan and his conspirator, Ronal Alberto Hernandez Pinales, met and communicated about fentanyl trafficking and firearms. On March 2, 2020, Rivera Pagan and Hernandez Pinales arranged to deliver fentanyl to another individual.
On March 2, 2020, Rivera Pagan and Hernandez Pinales drove separately to the parking lot of a building in Gloucester County to conduct the planned fentanyl transaction. Shortly thereafter, Rivera Pagan and Hernandez Pinales fled from the parking lot, after seeing what they believed to be law enforcement presence in the area. Rivera Pagan was later arrested in the parking lot of a nearby bar, and Hernandez Pinales was arrested near a highway. Law enforcement officers recovered approximate 900 grams of fentanyl from Hernandez Pinales’ car, as well as cellphones from Rivera Pagan and Hernandez Pinales that contained drug-related communications.
The charge to which Pagan pleaded guilty carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of life in prison and a fine of up to $10 million. Sentencing is scheduled for March 5, 2021.
U.S. Attorney Carpenito credited special agents and task force officers with the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson in Newark, with the investigation leading to today’s plea. He also thanked the Gloucester County Prosecutors Office, the East Greenwich Police Department, and the N.J. State Police Canine Tactical Applications Group for their assistance.
The government is represented by Assistant U.S. Attorney Sara A. Aliabadi of the U.S. Attorney’s Office Criminal Division in Camden.
The count of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl against Hernandez Pinales remains pending, and he is presumed innocent unless proven guilty.
Pharmacist Sentenced to Prison for Prescription Drug ConspiracyRead the Press Release
ALEXANDRIA, Va. – A licensed pharmacist who owned and operated CARE4U Pharmacy in Manassas was sentenced today to two years in prison and ordered to pay $53,100 in forfeiture for illegally distributing prescription drugs, including over 9,000 oxycodone pills, Adderall, and Xanax.
“Our office will continue to diligently prosecute those who abuse public trust and choose to put illegal profits over peoples’ lives, including pharmacists like George Stephen Appiah who decide to moonlight as a drug trafficker,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “In addition to seeking the appropriate prison sentence in these cases, our office will ensure that drug traffickers do not get to keep the ill-gotten gains they have made from poisoning the community.”
According to court documents, Appiah, 48, of Manassas, filled at least 128 fake or fraudulent prescriptions, including 85 prescriptions for oxycodone, brought to the pharmacy by his two co-conspirators (identified in court filings as CC-1 and CC-2). The forged prescriptions were written in the names of CC-1, CC-2, or any one of at least 37 other individuals. Appiah provided CC-1 and CC-2 the names and medical credentials of at least five unwitting doctors for use in forging the prescriptions, and provided templates of the doctors’ prescription pads, so that CC-1 and CC-2 could “Photoshop” the image and make the fake prescriptions look legitimate.
“The successful outcome of this investigation underlines the commitment of the FBI and its partners to combatting the opioid epidemic in our nation,” said James A. Dawson, Special Agent in Charge of the FBI Washington Field Office’s Criminal Division. “The public must have confidence in medical professionals who care for others, and the FBI will continue to investigate those who abandon their responsibilities and endanger others by engaging in criminal activity. The misuse of opioids can be deadly, and aggressively pursuing those who illegally distribute prescription drugs makes a positive and lasting impact on our communities.”
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; James A. Dawson, Special Agent in Charge of the FBI Washington Field Office’s Criminal Division; and Jarad L. Phelps, Chief of Prince William County Police, made the announcement after sentencing by Senior U.S. District Judge T.S. Ellis III.
Assistant U.S. Attorney Katherine E. Rumbaugh prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-111.
Pennsylvania Man Sentenced for Attempting to Transfer Obscene Material to a MinorRead the Press Release
BANGOR, Maine: A Pennsylvania man was sentenced in federal court in Bangor today for attempting to transfer obscene material to a minor, U.S. Attorney Halsey B. Frank announced.
U.S. District Judge John A. Woodcock, Jr. sentenced Aaron Dyer, 35, to 30 months in federal prison, followed by three years of supervised release. The defendant pleaded guilty on December 11, 2019.
According to court records, Dyer, using the multimedia messaging application Snapchat, sent images of his genitalia to the internet connected device of a 10-year-old girl living in Maine. Dyer requested in a message accompanying the images that the girl send back nude images of herself. The defendant admitted that he was aware that the intended recipient of his Snapchat message was 10 years old. The images were intercepted by the girl’s mother before they were viewed by the girl.
Immigration and Customs Enforcement’s Homeland Security Investigations and the Maine State Police investigated the case. This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Owner of Minnesota and California Magazine Sales Companies Pleads Guilty to Conspiracy to Commit Mail FraudRead the Press Release
United States Attorney Erica H. MacDonald today announced the guilty plea of BRIAN JAMES WILLIAMS, 51, to one count of conspiracy to commit mail fraud. WILLIAMS, who was indicted on October 27, 2020, entered his guilty plea today before Chief Judge John R. Tunheim in U.S. District Court in Minneapolis, Minnesota. This was the first guilty plea following the October 27, 2020, indictment of 60 individuals for their involvement in fraudulent magazine sales.
According to the defendant’s guilty plea and documents filed with the court, WILLIAMS owned and operated several companies involved in fraudulent magazine sales, including Readers Club Home Office, Pacific Renewal Service, and Tropical Readers in St. Paul, Minnesota, and Pacific Beach Readers Club in San Diego, California. WILLIAMS’ companies operated telemarketing call centers in both St. Paul and San Diego at which telemarketers used deceptive sales scripts designed to defraud victim-consumers—many of whom were elderly or otherwise vulnerable—by tricking them into signing up for expensive magazine subscription packages. WILLIAMS conspired with and participated in this scheme with many others, including with company owners, lead brokers, and telemarketers located across the country. In total, WILLIAMS and his companies defrauded thousands of victims out of more than $29 million.
According to the defendant’s guilty plea and documents filed with the court, WILLIAMS agreed to pay $29,262,249 in restitution to victims of his fraud conspiracy. WILLIAMS faces a sentence of up to 30 years in prison.
This case is the result of an investigation conducted by the United States Postal Inspection Service and the Federal Bureau of Investigation. Additional assistance was provided by the Treasury Inspector General for Tax Administration (TIGTA) and the Minnesota Attorney General’s Office.
Assistant U.S. Attorneys Joseph H. Thompson, Harry M. Jacobs, and Melinda A. Williams are prosecuting the case.
Defendant Information:
BRIAN JAMES WILLIAMS, 51
Long Lake, Minn.
Convicted:
- Conspiracy to commit mail fraud, 1 count
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Oklahoma City Man Sentenced to 132 Months in Federal Prison for Participation in Drug ConspiracyRead the Press Release
OKLAHOMA CITY – DANTE DE LA CRUZ-ALVAREZ, 28, of Oklahoma City, was sentenced today to serve 132 months in prison for distributing methamphetamine and conspiracy to possess with intent to distribute methamphetamine, announced U.S. Attorney Timothy J. Downing.
On December 30, 2019, De La Cruz-Alvarez was arrested after a search of his vehicle at a traffic stop resulted in the seizure of 31 one-pound vacuum-sealed packages containing methamphetamine.
On January 21, 2020, a federal grand jury indicted De La Cruz-Alvarez for conspiracy and possession of methamphetamine with intent to distribute. On July 22, 2020, De La Cruz-Alvarez pleaded guilty to conspiracy to possess with intent to distribute and to distribute methamphetamine. Today, U.S. District Judge Bernard M. Jones sentenced De La Cruz-Alvarez to serve 132 months (11 years) in federal prison. At the end of his term, he must also serve five years of supervised release.
This case is the result of investigations by District 21 Drug Task Force, Oklahoma City Police Department, and the Drug Enforcement Administration. Assistant United States Attorney Matthew P. Anderson prosecuted the case.
Reference is made to court filings for further information. To download a photo of U.S. Attorney Downing, click here.
Nurse Admits Illegally Writing Prescriptions for Oxycodone and XanaxRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, announced that LISA M. ALEXANDER, 54, of Cheshire, waived her right to be indicted and pleaded guilty today before U.S. District Judge Janet C. Hall in New Haven to a charge stemming from her writing prescriptions for controlled substances outside the scope of professional practice and not for a legitimate medical purpose.
According to court documents and statements made in court, Alexander was a licensed Advanced Practice Registered Nurse (“APRN”) and held a DEA controlled substance registration that allowed her to prescribe Schedule II through V controlled substances. Between approximately April 2017 and February 2020, Alexander wrote illicit prescriptions to distribute and dispense more than 3,600 oxycodone pills, a Schedule II controlled substance, and nearly 3,000 alprazolam pills (which is sold and marketed under the trade name Xanax), a Schedule IV controlled substance, to multiple individuals. Alexander did not have a legitimate practitioner-patient relationship with these individuals, did not conduct medical examinations with these individuals, and did not confirm conditions that would medically require treatment using these controlled substances. Alexander also knew that at least some of these individuals were selling the pills instead of taking them.
In addition, Alexander knew that some of the individuals who received prescriptions from Alexander were on Medicare or Medicaid. Most of the illicit prescriptions that Alexander wrote were paid for by Medicaid or Medicare.
Alexander pleaded guilty to one count of unlawful distribution and dispensing of controlled substances by a practitioner, an offense that carries a maximum term of imprisonment of 20 years. Judge Hall scheduled sentencing for January 22, 2021.
Alexander is released pending sentencing.
This investigation is being conducted by HHS-OIG’s Office of Investigations and the DEA’s New Haven Tactical Diversion Squad, with the assistance of the Connecticut Department of Consumer Protection – Drug Control Division and the Manchester, Meriden and Cheshire Police Departments.
The case is being prosecuted by Assistant U.S. Attorney David T. Huang.
November 3, 2020 ElectionsRead the Press Release
NEW ORLEANS - United States Attorney Peter G. Strasser announced today that Assistant United States Attorney AUSA Irene Gonzalez will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. AUSA Irene Gonzalez has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Louisiana, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
United States Attorney Strasser said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will always act appropriately to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Strasser stated that AUSA/DEO Gonzalez will be on duty in this District while the polls are open. The public, at the following telephone number (504) 680-3141 can reach her.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field office can be reached by the public at (504) 816-3000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
United States Attorney Strasser said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
New York Man Charged with Filing False Tax Returns Seeking Multimillion-Dollar RefundsRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and Jonathan D. Larsen, the Special Agent-in-Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced that JAMEEN WALKER was arrested yesterday in Manhattan, and charged with making a false claim, subscribing to false tax returns, and theft of government funds in connection with WALKER’s repeated filing of false tax returns claiming multimillion-dollar tax refunds based on fictitious income and withholdings. WALKER will be presented today before United States Magistrate Judge Ona Wang.
Acting U.S. Attorney Audrey Strauss said: “As alleged, Jameen Walker filed multiple false tax returns, both corporate and individual, ultimately defrauding the IRS out of nearly $7 million. Now he will have to answer for his alleged crimes.
IRS-CI Special Agent-in-Charge Larsen said: “Identifying refund fraud schemes is a priority for IRS-Criminal Investigation. I want honest taxpayers to know that we are committed to holding those accountable that choose to defraud the government. Mr. Walker’s allegedly false claims for millions of dollars in fraudulent refunds should be considered an attack on the tax system and the general public who believe in it and follow the rules, and we take these allegations very seriously.”
According to the allegations in the Indictment[1] unsealed today in Manhattan federal court:
Between 2016 and 2018, WALKER repeatedly filed tax returns with the Internal Revenue Service (the “IRS”) falsely claiming that a corporation he controlled had paid him millions of dollars and withheld millions of dollars in federal taxes. WALKER then fraudulently sought large federal tax refunds based on those claims.
In 2016, WALKER filed multiple Forms 1040 (“U.S. Individual Income Tax Return”) falsely claiming that Stallings Empire Corporation paid him $19.7 million, of which $14.6 million had been withheld. In fact, Stallings Empire Corporation did not withhold or pay any money in federal taxes on behalf of WALKER or any other employee. Nevertheless, based on the false claims in his Forms 1040, WALKER sought a federal tax refund of more than $6.8 million.
Though the IRS did not issue that refund, WALKER continued to file fraudulent returns. In 2018 and 2019, WALKER filed multiple false Forms 941 (“Employer’s Quarterly Federal Tax Return”) and 941-X (“Adjusted Employer’s Quarterly Federal Tax Return or Claim for Refund”) for Stallings Empire Corporation for tax year 2018. In each, WALKER falsely claimed that Stallings Empire Corporation had paid millions of dollars and withheld commensurately large amounts. In early 2019, WALKER filed a Form 1040 for tax year 2018, claiming more than $16 million in income, $12.2 million in withholdings, and seeking a multimillion-dollar refund. Based on this false tax return, the IRS ultimately issued a tax refund check to WALKER for more than $6.9 million. In August 2019, WALKER deposited that refund check at a bank in the Bronx, New York, and proceeded to withdraw and spend in excess of $85,000 before the bank restricted his account.
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WALKER, 46, of New York, New York, is charged with one count of making a false claim, which carries a maximum penalty of five years in prison, three counts of subscribing to a false tax return, each of which carries a maximum penalty of three years in prison, and one count of theft of government funds, which carries a maximum penalty of 10 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Ms. Strauss praised the outstanding investigative work of IRS-CI and the Special Agents of the U.S. Attorney’s Office for the Southern District of New York in this case.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Katherine Reilly and Dina McLeod are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
New Jersey Man Convicted of BriberyRead the Press Release
United States Attorney Ron Parsons announced that Anthony Bertino, age 59, of Atlantic City, New Jersey, was found guilty of Bribery Concerning Programs Receiving Federal Funds as a result of a federal jury trial in Aberdeen, South Dakota.
The charge carries a maximum penalty of 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Bertino was indicted by a federal grand jury on April 2, 2019.
The Sisseton-Wahpeton Oyate Tribe (SWO) operates the Dakota Nation Gaming Enterprise (DNGE), which oversees the tribally-run gaming establishments. Bertino was employed as the Corporate Marketing Officer for the DNGE. Bertino’s employment agreement included provisions stating that self-dealing is cause for termination, that he was not to engage in actions motivated by self-interest, and that he was not to work in any other capacity without first obtaining written consent from the DNGE.
In 2014, Bertino negotiated the DNGE’s purchase of equipment from a 66,000 square foot sprung casino facility in Indiana. On May 21, 2014, the DNGE Advisory Committee approved the purchase for $900,000. After the DNGE wired the money to the seller, Bertino received three kickbacks from the seller totaling $104,909.78.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
This case was investigated by the Federal Bureau of Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for May 10, 2021. The defendant was allowed to remain released on bond pending sentencing.
NDTX Round-Up: October 23-29Read the Press Release
SENTENCING – JOSHUSA DANIEL ZIVILI
On October 27, Joshua Daniel Zivili, 40, was sentenced to 235 months for interference with commerce by robbery and brandishing a firearm during a crime of violence. Zivili admitted to robbing eight retail or restaurants establishments in the Dallas area. Following a robbery of a fast-food restaurant, Zivili fled the scene in a vehicle engaging in a high-speed police chase. During the chase, the vehicle crashed, and law enforcement recovered the cash stolen from the restaurant and the firearm used to commit the robbery. This case was investigated by the Federal Bureau of Investigation and the Dallas Police Department. Assistant U.S. Attorney Gary Tromblay prosecuted this case.
SENTENCING – MICHAEL ASAGBA
On October 27, Michael Asagba, 22, was sentenced to 176 months in federal prison for three counts of interference with commerce by robbery and one count of brandishing a firearm in furtherance of a crime of violence. Over the course of four days in February 2018, Asagba robbed three convenience stores in located Mesquite. During the commission of the robberies, he carried a Ruger 9 mm firearm. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Shane Read prosecuted this case.
GUILTY PLEA – TRIVIKRAM REDDY
On October 27, Trivikram Reddy, 38, plead guilty to conspiracy to commit wire fraud. Reddy, a licensed nurse practitioner, devised a scheme to defraud Medicare, Blue Cross Blue Shield of Texas, Aetna, UnitedHealthcare, Humana, and Cigna. He made false billings using the provider numbers of six doctors. All the claims were false and at no time did the six doctors provide billable services to any of Reddy’s clinics. Reddy faces up to 20 years in federal prison for his crimes. This case was investigated by the Health and Human Services-Office of the Inspector General and the Federal Bureau of Investigation. Assistant U.S. Attorney Donna Strittmatter Max is prosecuting this case.
Muskogee Woman Sentenced to 60 Months Probation, $133,000 Restitution for Theft from Organization Receiving Federal FundsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Brandi Ledawn Dunback, age 43, of Muskogee, Oklahoma was sentenced to 5 years’ probation and ordered to pay restitution in the amount of $133,167.91 for Theft From Organization Receiving Federal Program Funds, in violation of Title 18, United States Code, Section 666(a)(1)(A).
The Information alleged that from on or about July 9, 2015, until on or about November 9, 2018, in the Eastern District of Oklahoma, the defendant, being an agent, employee, and officer of Indian Capital Technology Center, an agency of a State government, which received in excess of $10,000 in federal benefits in each one year period from 2015 through 2018, stole, obtained by fraud, and without authority knowingly converted to the use of a person not the rightful owner, property of a value of $5,000 or more, owned by, under the care of, and under the control of Indian Capital Technology Center.
The charges arose from an investigation by the Muskogee Police Department and the United States Secret Service.
United States Attorney Brian J. Kuester said, “Theft from a government funded agency is theft from the American people. The thorough and professional investigation by the Muskogee Police Department and the United States Secret Service allowed members of this office to bring the defendant to justice. Her sentence will result in funds being returned to the Indian Capital Technology Center and used for the public good.”
“The United States Secret Service aggressively investigates allegations of fraud related to Federal Benefit Programs such as Small Business Relief and Unemployment Compensation as well as many others,” said Glenn Dennis, Special Agent in Charge of the Oklahoma City U.S. Secret Service Field Office. “When a person defrauds a benefit program they victimize us all as American tax payers and divert critical funds from those truly in need. The Secret Service Oklahoma City Field Office partnered with the Muskogee Police Department Investigators to successfully bring the defendant in this case to justice.”
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. First Assistant United States Attorney Christopher Wilson represented the United States.
Murder victim’s ex-wife pleads guilty to interstate stalking resulting in deathRead the Press Release
DAYTON – A 35-year-old Centerville woman pleaded guilty in federal court today to interstate stalking that resulted in her ex-husband’s death.
Tawnney Caldwell accepted responsibility for her role in the August 2017 murder of Robert Caldwell. Parties involved in Tawnney Caldwell’s case have recommended a sentence of 20 to 35 years in prison.
According to her plea agreement, around 6pm on August 15, 2017, Robert Caldwell and his three minor children left a counseling appointment in Riverside, Ohio. While crossing the parking lot, Robert Caldwell was shot multiple times by an assailant in front of his children and died at the scene. The assailant was later identified as co-defendant Sterling Roberts.
Tawnney Caldwell is the ex-wife of the murder victim and was the girlfriend of Sterling Roberts at the time of the incident.
She and the murder victim had an ongoing dispute regarding the custody of their children and Tawnney Caldwell had talked to Sterling Roberts on at least two occasions (while Roberts was incarcerated in Montgomery County) about killing Robert Caldwell.
Tawnney Caldwell collaborated with others, including Sterling Roberts; his brothers, Chance Deakin and Christopher Roberts; Chandra Harmon (Tawnney’s mother); and James Harmon (Tawnney’s step-father), to plan, execute and cover-up the violent crime resulting in the death of Robert Caldwell.
Court documents indicate Roberts pretended to be a customer in need of stonework and messaged Robert Caldwell to lure him into meeting in Jamestown, Ohio in early August 2017. Roberts, armed with a gun, allegedly ambushed Robert Caldwell, who fled and called 911. Robert Caldwell eventually escaped that encounter and reported it to the Greene County Sheriff’s Office.
According to Tawnney Caldwell’s plea, between the time of the attempted homicide and the eventual murder of Robert Caldwell, Roberts fled to a relative’s home in Tennessee. Tawnney Caldwell traveled interstate and brought him back to Ohio, stopping in Kentucky to illegally purchase Roberts an AK-47 rifle.
According to Tawnney Caldwell’s plea, the two planned the details of the victim’s murder together at Tawnney Caldwell’s residence and were in contact via cell phone multiple times before and after the murder.
Sterling Roberts is scheduled for jury trial in U.S. District Court on Nov. 30.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Riverside Police Chief Frank Robinson and Sugarcreek Township Police Chief Michael Brown announced the plea entered into today before Senior U.S. District Judge Thomas M. Rose. Assistant United States Attorney Amy M. Smith and Assistant Deputy Criminal Chief Laura Clemmens are representing the United States in this case.
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Monticello Felon Sentenced to 42 Months for Possession of AmmunitionRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Justin Wenger, 38, Monticello, Wisconsin pleaded guilty and was sentenced today by Chief U.S. District Judge James Peterson to 42 months in prison, to be followed by two years of supervised release, for possession of ammunition as a convicted felon.
In 2014, Wenger was convicted of the felony crimes of burglary and theft of firearms when he and two others stole a significant amount of money and several firearms during a 2012 burglary. He was sentenced to five years in prison to be followed by supervised release and probation.
On January 16, 2020, Wenger stole a box of .223 ammunition from a store in Monroe, Wisconsin. The ammunition was for an AR15 rifle that he had just purchased for his son. While investigating this theft, investigators searched Wenger’s residence and discovered not only the .223 ammunition and AR15, but seven firearms under Wenger’s bed and approximately 50 firearms in a safe. Wenger said that the AR15 rifle belonged to his son, and the rest of the firearms belonged to his brother and father who were storing them at his house.
At sentencing, Judge Peterson noted that Wenger had simply disregarded his prohibition on possessing firearms and ammunition. Judge Peterson said that Wenger posed a danger to society due to his poor decision making. Judge Peterson ordered the federal sentence to run consecutive to a two-year prison term that Wenger was serving based on revocation of his state supervision for his 2014 conviction.
The charge against Wenger was the result of an investigation conducted by the Monroe and Monticello Police Departments, Green County Sheriff’s Office, and Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of the case has been handled by Assistant U.S. Attorney Corey Stephan.
The charge against Wenger was brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition, and violent crimes and drug crimes that involve the use of firearms.
Methamphetamine trafficker from Mexico sentenced to eight years in prisonRead the Press Release
MISSOULA — A Sinaloa, Mexico drug trafficker who brought pounds of methamphetamine, along with heroin and oxycodone pills containing fentanyl, to Montana for distribution was sentenced on Oct. 29 to eight years in prison and five years of supervised release, U.S. Attorney Kurt Alme said today.
Ricardo Ramos Medina, 34, pleaded guilty on June 25 to conspiracy to possess with intent to distribute controlled substances.
U.S. District Judge Dana L. Christensen presided.
The prosecution said in court documents that law enforcement learned Medina was distributing large amounts of meth in and around Montana and directed others to wire money back to Mexico. The conspiracy ran from about January 2019 to March 2020. Investigators conducted undercover buys from Medina, including purchases of meth, heroin and counterfeit oxycodone pills containing fentanyl.
In March, Medina was attempting to collect drug debts owed to him from various drug traffickers in the Butte area. Medina “fronted” the meth to co-conspirators, and he returned to Montana to collect the money from them. On March 18, law enforcement officers stopped Medina and found he was in possession of two pounds of meth.
In a sentencing memo, the prosecution said Medina was responsible for 16 pounds of meth, which is the equivalent of about 57,984 doses.
Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the Drug Enforcement Administration, the U.S. Postal Service, Homeland Security Investigations, Montana Division of Criminal Investigation and Butte-Silver Bow Police.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Memphis Physicians Agree to Pay More Than $340,000 for Alleged OverbillingRead the Press Release
WASHINGTON – Doctor Shoaib Qureshi, Doctor Imran Mirza, Memphis Primary Care Specialists, Lunceford Family Health Center, and Getwell Family Medicine agreed to pay $341,690 to resolve allegations that they violated the False Claims Act by knowingly charging Medicare for services rendered by nurse practitioners at the higher reimbursement rate for physician services, the Justice Department announced today.
Doctor Qureshi and Doctor Mirza are family medicine physicians who practice in and around Memphis, Tennessee. Doctor Qureshi owns and operates Memphis Primary Care Specialists and Lunceford Family Health Center; Doctor Mirza owns and operates Getwell Family Medicine.
“Healthcare providers who overcharge Medicare contribute to the soaring cost of health care,” said Acting Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Civil Division. “The department will continue to investigate and hold accountable those who seek to enrich themselves at the expense of federal health care programs and the American taxpayers.”
"Falsely billing Medicare for services by absent physicians encourages fraud, waste, and abuse of taxpayer funds and can ultimately harm patients," said D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee. "Settlements like this achieve provider accountability, protect public funds, and safeguard the beneficiaries of federal health care programs."
“Medicare is a system based on trust and depends on the integrity of health care providers,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “Physicians have a duty to ensure claims are accurate in order to prevent the program from over-paying for the services rendered to patients.”
Medicare pays a higher rate for physician services than for non-physician services. Medicare will pay the higher physician rate for services rendered by non-physician providers if the services are “incident to” the services of a physician. Such “incident to” services, however, must be provided under the direct supervision of a physician. The United States alleged that, from 2015 to 2018, Doctor Qureshi, Doctor Mirza, and their clinics billed Medicare as though the physicians had provided the services in question, when in fact nurse practitioners had treated the patients without the supervision required by Medicare’s “incident to” rules. Indeed, the government alleged that the services were rendered when the physicians were out of the office, including times when they were traveling out of state or abroad.
The settlement resolves allegations filed in a lawsuit by Michael Grace under the qui tam provisions of the False Claims Act, which permit private individuals to sue for false claims on behalf of the government and to share in any recovery. The civil lawsuit is docketed in the Western District of Tennessee and is captioned United States; the States of California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Tennessee, and Texas; the Commonwealths of Massachusetts and Virginia; and the City of Chicago ex rel. Grace v. Tenet HealthCare Corp., St. Francis Hospital-Memphis, Desert Regional Medical Center, Apollo MD, Shoaib Qureshi, MD; and Imran Mirza, MD, Case No. 2:20-CV-2209. As part of this settlement, Grace will receive $58,087 as his share of the government’s recovery.
The resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
This matter was investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of Tennessee, and the Office of Inspector General for the U.S. Department of Health and Human Services.
The claims resolved by this settlement are allegations only and there has been no determination of liability.
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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.