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7 December 2020
Justice Department Sues Town of Wolcott, Connecticut, for Discrimination Against Persons with DisabilitiesRead the Press Release
The Justice Department today filed a lawsuit alleging that the Town of Wolcott, Connecticut, has discriminated against persons with disabilities in violation of the Fair Housing Act.
The lawsuit, filed in the U.S. District Court for the District of Connecticut, alleges that Wolcott violated the Fair Housing Act by refusing to allow the operation of a group home for adults with disabilities because of the disabilities of the proposed home’s residents. The department’s complaint further alleges that the Town amended its zoning regulations to prohibit any community residence for adults with disabilities from operating in the Town, in violation of the Fair Housing Act.
“The Fair Housing Act protects the right of individuals with disabilities to live and pursue happiness in this free country without suffering the indignity and injustice of discrimination dressed up as ‘zoning laws’ enacted or enforced as a result of misguided stereotypes and warped fears,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Disability discrimination is unconscionable, unlawful, and unnecessarily injures people. The Fair Housing Act prohibits municipalities from applying their zoning laws in a manner that discriminates because of disability. The Civil Rights Division is committed to eliminating illegal discriminatory barriers and ensuring that the Fair Housing Act protects the right of persons with disabilities to enjoy homes of their choosing.”
“The U.S. Attorney’s Office is committed to eliminating discrimination against people with disabilities,” said U.S. Attorney John H. Durham for the District of Connecticut. “This lawsuit is a step toward ensuring a future in which all people are granted equal opportunity and full integration in our society.”
“Persons with disabilities have a right to housing that meets their needs, including group homes,” said Anna María Farías, Assistant Secretary for Fair Housing and Equal Opportunity for the Department of Housing and Urban Development (HUD). “HUD will continue working with the Justice Department to take appropriate action when discriminatory policies and practices unlawfully deny housing opportunities to those who need them the most.”
This case arose when the Town of Wolcott denied a special use permit to a property owner and group home operator who sought to open a residence for 13 adults with mental health disabilities. At the time, the Town’s zoning ordinance permitted the operation of community residences of up to 15 adults with disabilities so long as certain conditions were satisfied. The owner and operator filed a complaint with HUD after their special use permit application was denied.
The lawsuit seeks a court order prohibiting Wolcott from applying its zoning regulations in a manner that discriminates against persons with disabilities. The lawsuit also seeks monetary damages to compensate victims, as well as payment of a civil penalty. A related case challenging Wolcott’s conduct was filed by the owner and operator of the proposed residence. That case, SELF Inc. et al. v. Town of Wolcott, is pending before the U.S. District Court for the District of Connecticut.
The federal Fair Housing Act prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, or submit a report online at civilrights.justice.gov. Individuals may also contact HUD at 1-800-669-9777 or through its website at https://www.hud.gov/program_offices/fair_housing_equal_opp.
The complaint is an allegation of unlawful conduct. The allegations must still be proven in federal court.
Justice Department Files Sexual Harassment Lawsuit Against Massachusetts Property ManagerRead the Press Release
The Justice Department announced today that it has filed a lawsuit alleging that a property manager in Chicopee, Massachusetts, violated the Fair Housing Act by subjecting female tenants to sexual harassment.
The complaint, filed in the U.S. District Court for the District of Massachusetts, alleges that Salazar dos Santos, who manages residential rental properties in Chicopee, Massachusetts, has subjected tenants to sexual harassment on multiple occasions since at least 2008.
According to the complaint, dos Santos subjected female tenants to unwelcome sexual contact, including coercing them to perform oral sex and touching intimate parts of their bodies. The complaint also alleges that dos Santos exposed his genitals to female tenants, locked tenants in his office, implicitly offered to grant tangible benefits, such as rent payment plans, in exchange for engaging in sexual acts with him, and threatened tenants who resisted or objected to his unwelcome sexual harassment. The owners of the properties, two family trusts, are alleged to be liable for Salazar dos Santos’s conduct.
“No woman who seeks safe, affordable housing should ever face demands for sex, sexual propositions, unwanted touching, and threats. Such abusive conduct by landlords and property managers violates federal law and shocks the conscience,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Fair Housing Act protects tenants from sexual harassment and threats by their housing providers, and the Justice Department will work resolutely to hold such predators accountable and to obtain relief for their victims.”
“No one should be forced to provide sexual favors, or otherwise endure sexual harassment, in exchange for housing,” said U.S. Attorney Andrew E. Lelling for the District of Massachusetts. “Sexual harassment is illegal under the Fair Housing Act and, especially during a time of increased unemployment and financial stress, my office will aggressively enforce this law to protect hard working women and others subjected to this kind of abusive conduct.”
Today’s lawsuit seeks monetary damages to compensate the victims, civil penalties to vindicate the public interest, and a court order barring future discrimination. The complaint contains allegations of unlawful conduct; the allegations must be proven in federal court.
Today’s lawsuit is the twentieth to be filed since the 2017 launch of the Justice Department’s Sexual Harassment in Housing Initiative. The initiative is an effort to combat sexual harassment in housing led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The Attorney General recently reaffirmed this commitment by directing the Justice Department to deploy all available enforcement tools against anyone who tries to capitalize on the COVID-19 crisis by sexually harassing people in need of housing. The goal of the department’s initiative is to address sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. As part of the initiative, the Justice Department developed a public service announcement and formed a joint task force with the U.S. Department of Housing and Urban Development to combat sexual harassment in housing.
In the last year alone, the department filed more sexual harassment lawsuits – eight – than it has in any other year. The 20 lawsuits filed in the last three years demonstrate the department’s commitment to vigorously enforcing the Fair Housing Act to stop the predatory conduct and vindicate the rights of those who are being abused by their landlords and property managers. The lawsuits have been filed in states across the country, from California to Massachusetts, from Alabama to Kentucky, and beyond, and allege harassment in rural communities and urban centers, in apartment buildings and mobile homes, in market-rate homes and in subsidized housing. The Justice Department will continue to pursue these cases across the country, and will work with federal, state and local partners where appropriate to bring the perpetrators to justice.
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.
Individuals in Massachusetts who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or managed by dos Santos, or who have other information that may be relevant to this case, can contact the U.S. Attorney’s Office Civil Rights Unit by calling 888-221-6023 , or emailing [email protected].
Individuals nationwide may report sexual harassment and other forms of housing discrimination by contacting the Justice Department’s Civil Rights Division at (800) 896-7743 or by submitting a report online.
International Fugitive Sentenced in Drug ConspiracyRead the Press Release
Orlando, Florida – U.S. District Judge Carlos Mendoza has sentenced Nelson Pablo Yester-Garrido a/k/a Nelson “Tony” Yester (63, Cuba) to five years in federal prison for conspiracy to distribute a large amount of high-grade marijuana in the Middle District of Florida. Yester-Garrido had pleaded guilty on August 11, 2020.
According to court documents, from the late 1980s through early 1997, Yester-Garrido was part of a group involved in importing kilogram amounts of cocaine and other narcotics into the United States, including by negotiating the purchase of a Russian diesel submarine for Colombian drug suppliers. Around 1997, Yester-Garrido fled to South Africa to escape prosecution related to charges filed in the Southern District of Florida (which have since been dismissed).
Between December 2014 and continuing through February 25, 2015, Yester-Garrido conspired with Andrew Cassara, Juan Almeida, and others, both known and unknown, to possess with the intent to distribute a large amount of marijuana in the Middle District of Florida. Yester-Garrido’s specific role in the drug trafficking conspiracy was to assist, from South Africa, in trying to collect a $250,000 debt that was owed to co-conspirators by a Dominican drug-trafficking group. Almeida and Cassara had traveled to South Africa in December 2014 to meet with Yester-Garrido and seek his assistance with the drug debt after $250,000 worth of high-grade marijuana was stolen from co-conspirators. Cassara testified during the sentencing hearing that he had made $25 million dollars from trafficking in marijuana and that he had supplied firearms to assist in the collection of the drug debt.
In January 2015, the DEA began investigating the conspiracy, and in January 2017, an indictment was returned in the Middle District of Florida charging three of Yester-Garrido’s co-conspirators, Almeida, Cassara, and Wade Jones, Jr. (Each of three was adjudicated guilty and sentenced in 2018.)
In October 2017, Yester-Garrido himself was indicted on drug and gun charges. In November 2017, based upon a provisional arrest warrant requested by the U.S. government, Italian authorities apprehended Yester-Garrido at the Fiumicino Airport in Rome, Italy. In July 2019, the Italian judicial authorities and the Ministry of Justice granted the request for Yester Garrido’s extradition to the United States.
This case was investigated by the Drug Enforcement Administration and the Federal Bureau of Investigation, with assistance from the South African Police Service Directorate for Priority Crime Investigations. The Justice Department’s Office of International Affairs and the Italian prosecutorial and law enforcement authorities provided significant assistance in securing the defendant’s extradition from Italy. The U.S. Marshals Service also provided critical assistance in the extradition to the Middle District of Florida. This case was prosecuted by Assistant United States Attorney E. Jackson Boggs, Jr.
Henry County Man Sentenced to over 6 Years in Federal Prison for Being a Convicted Felon in Possession of a FirearmRead the Press Release
Jackson, TN – Jeffery Garvin Townsend, 60, of Paris, Tennessee, has been sentenced to 78 months in federal prison for being a felon in possession of a firearm. D. Michael Dunavant, U.S. Attorney, announced the sentence today.
According to the information presented in court, on March 20, 2019, officers executed a search warrant at Townsend’s residence in Henry County, Tennessee. During a search of the garage, officers found a large locked firearms safe. A search of the residence yielded another large firearms safe in the basement that was also locked. Townsend refused to speak with the officers, and instead requested an attorney.
Officers then spoke with Townsend’s son about the combinations to and contents of the safes. He stated that he only knew the combination to the safe in his father’s bedroom in the basement. The son also informed law enforcement that the safe in the bedroom had guns in it, and the safe in the garage contained ammunition. The safe in the basement was opened and contained 13 guns (6 shotguns, 6 rifles, and one handgun), two barrels, and ammunition. One of the guns, a Century Arms AK-47, had a full magazine in it. One of the other guns, a Winchester Super X3, had the serial number filed off. Two other guns (a Bushmaster AR-15 and a Browning Invector Gold 10 gauge shotgun) were previously reported stolen. The officers had to force open the safe in the garage, which contained a large amount of ammunition.
The son also told law enforcement that several of the firearms in the safe belonged to his father, and that he had seen his father shoot several of the guns recently. He also said his father had acquired some of the guns in the last few months.
Townsend is a convicted felon, having been previously convicted in federal court of being a felon in possession of a firearm and ammunition in 2008, and attempting to possess wildlife taken in violation of federal law in 2002. Townsend was also convicted of aggravated assault in 1985. As a result of his prior felony convictions, Townsend is prohibited by federal law from possessing firearms or ammunition.
On December 4, 2020, Chief U.S. District Judge S. Thomas Anderson sentenced Townsend to 78 months in federal prison, to be followed by three years of supervised release. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said, "The government has a strong interest in preventing people who already have disrespected the law, including felons, from possessing guns. As a prior convicted felon, Townsend’s possession of a large cache of firearms and ammunition, including stolen guns and one with obliterated serial numbers, continued to threaten the security of his fellow citizens. This sentence accomplishes the public safety goals of removing firearms from dangerous offenders and providing just punishment, incapacitation, and deterrence for repeated violations of law."
The Paris, Tennessee Police Department, the Henry County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case.
Assistant U.S. Attorney Josh Morrow prosecuted this case on behalf of the government.
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Fraudsters Who Stole Protected Health Information to Fund Spending Spree Plead GuiltyRead the Press Release
SHERMAN, Texas – Two individuals have pleaded guilty to conspiracy to obtain information from a protected computer in the Eastern District of Texas, announced U.S. Attorney Stephen J. Cox today.
Demetrius Cervantes, 46, of McKinney, Texas, and Amanda Lowry, 40, of Sherman, Texas, pleaded guilty to conspiracy to obtain information from a protected computer on Dec. 3, 2020, before U.S. Magistrate Judge Christine A. Nowak. Their co-conspirator, Lydia Henslee, 29, of Denison, Texas, faces additional charges.
Cervantes, Lowry, and Henslee, were named in a federal indictment on Sept. 11, 2019. The defendants were each charged with conspiracy to obtain information from a protected computer and conspiracy to unlawfully possess and use a means of identification
According to information presented in court, the defendants are alleged to have breached a health care provider’s electronic health record (EHR) system in order to steal protected health information and personally identifiable information belonging to patients. This stolen information was then “repackaged” in the form of false and fraudulent physician orders and subsequently sold to durable medical equipment (DME) providers and contractors. Within approximately eight months, the defendants obtained more the $1.4 million in proceeds from the sale of the stolen information. The proceeds of the offenses were traced, and the following forfeitable assets were identified: a 2019 Land Rover Range Rover Supercharged; a 2019 Dodge Durango SUV; a 2018 Polaris RZR XP4 1000 EPS; a 2019 Can-Am Outlander 450; a 2019 Sea-Doo RXT-X 300 W; a 2019 Sea-Doo RXT-X 300 W; and a 2019 Karavan Sea-Doo Move.
On Nov. 18, 2020, Henslee was charged in a ten-count superseding indictment with one count of conspiracy to unlawfully transfer, possess, and use a means of identification, and nine counts of unlawfully transferring, possessing, and using a means of identification. If convicted, she faces up to 15 years in federal prison.
Henslee was also charged in a separate superseding indictment along with Steven Churchill, 34, of Boca Raton, Florida, Samson Solomon, 23, of West Palm Beach, Florida, David Warren, 49, of Boca Raton, Florida, and Daniel Stadtman, 66, of Allen, Texas, with one count of conspiracy to commit illegal remunerations.
According to the superseding indictment, the defendants are alleged to have conspired to pay and receive kickbacks in exchange for orders from physicians that were subsequently used to obtain payments from federal health care programs. The conspirators obtained patient information, including protected health information and personally identifiable information, and used the information to create fictitious physician orders. The conspirators then sold the physicians’ orders to each other and to other DME providers. Within approximately eight months, the defendants collectively obtained more than $2.9 million in proceeds from the criminal scheme.
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by federally funded programs, including Medicare, Medicaid, and TRICARE. If convicted, the defendants each face up to five years in federal prison.
These cases were investigated by the U.S. Department of Health and Human Services, Office of Inspector General; U.S. Department of the Treasury, Internal Revenue Service, Criminal Investigation; and the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service. They are being prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld and Adrian Garcia and Special Assistant U.S. Attorney Bethany Pickett.
Former Mississippi Band of Choctaw Indians Tribal Council Member Pleads Guilty to Wire FraudRead the Press Release
Jackson, Miss. – Randy Lamar Anderson, 46, of Conehatta, a former elected member of the Tribal Council for the Mississippi Band of Choctaw Indians, entered a plea of guilty Thursday before Chief U.S. District Judge Daniel P. Jordan III to federal wire fraud, announced United States Attorney Mike Hurst and Special Agent in Charge Michelle A. Sutphin of the Federal Bureau of Investigation in Mississippi.
A Federal Grand Jury originally indicted Anderson on February 6, 2019, charging him with one count of theft and two counts of wire fraud for defrauding the Choctaw Tribal government. Between August 2016 and November 2018, Anderson forged hotel bills and receipts and submitted those documents to the Tribal government in claims for reimbursement for official business travel. Since the original indictment issued, Anderson’s term on the Tribal Council expired, and Anderson did not run for reelection to the Council.
Chief Judge Jordan will sentence Anderson on March 3, 2021 at 9:30 a.m., at the Thad Cochran United States Courthouse in Jackson, Mississippi, Anderson faces a potential maximum sentence of 20 years in prison and a possible fine of up to $250,000.
U.S. Attorney Hurst commended the work of the Special Agents with the FBI’s Jackson Division who investigated the case. The case is being prosecuted by Assistant United States Attorney Theodore Cooperstein.
Former Harvard Fencing Coach and Maryland Businessman Indicted on Bribery ChargesRead the Press Release
BOSTON – The former fencing coach at Harvard College and a Maryland businessman were indicted by a federal grand jury today in Boston with conspiring to secure the admission of the businessman’s two sons to Harvard in exchange for bribes totaling more than $1.5 million.
Peter Brand, 67, of Cambridge, Mass., and Jie “Jack” Zhao, 61, of Potomac, Md., were indicted on one count of conspiracy to commit federal programs bribery. Brand and Zhao were also each charged with one count of federal programs bribery. Brand and Zhao were arrested and charged by criminal complaint on Nov. 16, 2020.
According to the charging documents, Brand, the former head coach of men’s and women’s fencing at Harvard, conspired with Zhao, the chief executive of a telecommunications company, to facilitate the admission of Zhao’s sons to Harvard by recruiting them to join the men’s fencing team in exchange for money.
It is alleged that in or about May 2012, Brand told a co-conspirator, “Jack doesn’t need to take me anywhere and his boys don’t have to be great fencers. All I need is a good incentive to recruit them[.] You can tell him that[.]” In February 2013, as part of the alleged scheme, Zhao made a purported donation of $1 million to a fencing charity founded by a co-conspirator. Zhao’s older son was admitted to Harvard as a fencing recruit in December 2013, and matriculated in the fall of 2014. Shortly thereafter, the charity passed $100,000 on to the Peter Brand Foundation, a charitable entity established by Brand and his spouse. Thereafter, Zhao began making payments to, or for the benefit of, Brand.
In total, Zhao made over $1.5 million in payments to Brand, or for Brand’s personal benefit, even as Brand recruited Zhao’s younger son to the Harvard fencing team. Zhao allegedly paid for Brand’s car, made college tuition payments for Brand’s son, paid the mortgage on Brand’s Needham residence, and later purchased the residence for well above its market value, thus allowing Brand to purchase a more expensive residence in Cambridge that Zhao then paid to renovate. Zhao’s younger son matriculated to Harvard in 2017. Brand allegedly did not disclose the payments to Harvard when recruiting Zhao’s sons.
The charge of conspiracy to commit federal programs bribery provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of bribery concerning programs receiving federal funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joleen Simpson, Acting Special Agent in Charge of the Internal Revenue Service - Criminal Investigation Division; and Mark Deckett, Resident Agent in Charge of the Department of Education, Office of Inspector General made the announcement today. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Gang Member Sentenced to Seven Years’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Arthur Taylor, age 38, was sentenced on December 2, 2020, to seven years’ imprisonment followed by four years on supervised release by U.S. District Court Judge Malachy E. Mannion, for his involvement in a drug trafficking conspiracy.
According to United States Attorney David J. Freed, Taylor previously pleaded guilty to conspiring with others to distribute more than 100 grams of heroin (which is equivalent to more than 4,000 retail bags) between 2010 and 2015, in Pennsylvania and Maine.
Taylor’s conviction and sentence resulted from an investigation into the activities of a street gang known as the Black P-Stones. The male gang members were “beaten-in” to the gang and female members were “sexed-in” to the gang. The members of the Black P-Stones obtained heroin and other drugs, including heroin and “molly,” in New York and distributed the drugs in Stroudsburg and locations in the state of Maine. Couriers were used to transport heroin from New York to Maine.
The case was investigated by agents of the Federal Bureau of Investigation, members of the Pennsylvania State Police, state and local police in Maine, the Monroe County District Attorney’s Office, and local police in Monroe County. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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 Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Florida man sentenced for unlawfully downloading tax return transcripts from IRSRead the Press Release
MARTINSBURG, WEST VIRGINIA – Ludrick Joseph, of Miami, Florida, was sentenced today to 60 months of incarceration for downloading taxpayer transcripts by unlawfully accessing Internal Revenue Service (IRS) computers, U.S. Attorney Bill Powell announced.
Joseph, age 39, pled guilty in March 2020 to a one-count information charging him with “Accessing a Computer and Obtaining Information.” Joseph admitted to fraudulently accessing the IRS eAuthentication online taxpayer system, which has servers located in Berkeley County, in April 2015. In order to pass IRS security protocols, Joseph unlawfully obtained the Electronic Filing Pin (EFP) for a taxpayer which allowed him access into the eAuthentication system. Once in the IRS eAuthentication system, Joseph fraudulently gained access to eight different tax return transcripts of an individual taxpayer. The tax return transcripts contained the taxpayer’s date of birth, social security number, and gross income, among other sensitive information.
The investigation further revealed that Joseph unlawfully possessed approximately 2,145 credit card numbers and 3,875 unique social security numbers.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the case on behalf of the government. The Treasury Inspector General for Tax Administration Cybercrime Investigations Division investigated.
Chief U.S. District Judge Gina M. Groh presided.
Federal Aviaton Administration Employee Arrested for Using Confidential Information for Attempted Extortion SchemeRead the Press Release
WASHINGTON – Brian J. Booth, a 38-year-old Virginia resident, was arrested today and charged via criminal complaint with mail fraud for a scheme to use information stolen from the Federal Aviation Administration (FAA) in an attempt to extort foreign officials and obtain payment for the information.
According to Court records, Booth, an FAA employee, had access to information identifying persons who were previously authorized to exercise piloting or aircraft maintenance privileges in the United States, but who had their piloting or aircraft maintenance privileges revoked. Booth sent the names and addresses of certain of these individuals to the embassies of Germany, France, and the People’s Republic of China, demanding payment for the information. Booth does not appear to have obtained any money as a result of the scheme.
A criminal complaint is merely an allegation, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This case was investigated by the Department of Transportation Office of Inspector General. Assistant United States Attorney Liz Aloi of the Public Corruption and Civil Rights Section of the U.S. Attorney’s Office for the District of Columbia is prosecuting the case.
El Departamento de Justicia Presenta un Pleito por Acoso Sexual contra un Administrador de Propiedades en MassachusettsRead the Press Release
El Departamento de Justicia anunció el lunes que ha entablado un pleito que alega que un administrador de propiedad en Chicopee, Massachusetts, vulneró la ley de Vivienda Justa al someter a inquilinas al acoso sexual.
La demanda, que se presentó ante el Tribunal Federal de Distrito para el Distrito de Massachusetts, alega que Salazar dos Santos, administrador de propiedades residenciales de alquiler en Chicopee, Massachusetts, acosó sexualmente a inquilinas en múltiples ocasiones desde al menos el 2008.
Según la demanda, dos Santos, sometió a las inquilinas a contacto sexual no deseado, lo que incluyó coaccionarlas a practicar sexo oral y tocar partes íntimas de sus cuerpos. Más aún, la demanda alega que dos Santo expuso sus genitales a inquilinas, encerró a inquilinas en su oficina, realizó ofertas implícitas de conceder beneficios tangibles –tales como planes de pago del alquiler, a cambio de participar en actos sexuales con él— y amenazó a inquilinas que resistieron o que se opusieron a su acoso sexual no deseado. Se alega que los dueños de las propiedades, dos fideicomisos familiares, son responsables de la conducta de Salazar dos Santos.
«Ninguna mujer que busque una vivienda segura y asequible debe enfrentarse a solicitudes de sexo, avances sexuales, toques no deseados y amenazas. Tales conductas abusivas por parte de propietarios y administradores de propiedad vulneran las leyes federales y conmocionan la conciencia de todos», declaró Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «La ley de Vivienda Justa protege a las inquilinas del acoso sexual y amenazas a manos de sus proveedores de vivienda, y el Departamento de Justicia trabajará con determinación para hacer que depredadores como este rindan cuentas y para obtener alivio para las víctimas».
«Nadie debe verse forzado a realizar favores sexuales o de otra forma soportar el acoso sexual a cambio de una vivienda», afirmó Andrew E. Lelling, el Fiscal Federal para el Distrito de Massachusetts. «El acoso sexual es, en virtud de la ley de Vivienda Justa, ilegal, y especialmente durante un período de mayor desocupación y estrés financiero, mi oficina trabajará sin tregua para hacer cumplir esta ley, con el fin de proteger a mujeres trabajadoras y otras personas que se ven sometidas a este tipo de conducta».
El pleito de hoy pide daños monetarios para compensar a las víctimas, sanciones civiles para vindicar el interés público y una orden judicial que impide futura discriminación. La demanda contiene alegaciones de conducta ilegal; tales alegaciones deben ser probadas ante un tribunal federal.
El pleito de hoy es el vigésimo que se ha presentado desde que se lanzó, en el 2017, la Iniciativa contra el Acoso Sexual en la Vivienda del Departamento de Justicia. La iniciativa representa un esfuerzo por combatir el acoso sexual en la vivienda. Está dirigida por la División de Derechos Civiles y cuenta con el apoyo de las Fiscalías Federales por todo el país. Hace poco, el Fiscal General este reafirmó este compromiso al instruir al Departamento de Justicia que implemente todas las herramientas de aplicación de la ley disponibles contra cualquiera que intenta aprovechar la crisis de COVID-19 acosando sexualmente a personas que necesitan una vivienda. El objetivo de la iniciativa del Departamento es abordar el acoso sexual por parte de propietarios, administradores de propiedad, trabajadores de mantenimiento, prestamistas y otras personas que controlan la vivienda. Como parte de la iniciativa, el Departamento de Justicia desarrolló un mensaje de interés público «con subtítulos en español» y formó un grupo de trabajo conjunto con el Departamento de Vivienda y Desarrollo Urbano de los EE. UU. para combatir el acoso sexual en la vivienda.
Solo en este último año, el Departamento entabló más pleitos por acoso sexual –ocho– que en cualquier otro año. Los veinte pleitos entablados en los últimos tres años demuestran el compromiso del Departamento con hacer cumplir activamente la ley de Vivienda Justa para así poner fin a la conducta depredadora y vindicar los derechos de las personas que están siendo abusadas por sus propietarios y administradores de propiedad. Los pleitos se han entablado en diferentes estados por todo el país, desde California hasta Massachusetts, de Alabama a Kentucky, en comunidades rurales y centros urbanos, en edificios de apartamentos y casas móviles, en casas al tipo de mercado y viviendas subsidiadas. El Departamento de Justicia seguirá persiguiendo estos casos por todo el país y, en su caso, colaborará con asociaciones federales, estatales y locales para llevar a los responsables a la justicia.
La ley federal de Vivienda Justa prohíbe la discriminación en la vivienda por motivos de raza, color de piel, religión, origen nacional, género, discapacidad o estado familiar. Para más información acerca de la División de Derechos Civiles y las leyes que hace cumplir, vaya a http://www.justice.gov/crt-espanol.
Cualquier individuo en Massachusetts que cree haber sido víctima de acoso sexual o de otro tipo de discriminación en la vivienda en propiedades que pertenecen o que son administradas por dos Santos, o que tenga información adicional que podría ser relevante a este caso, puede comunicarse con la Unidad de Derechos Civiles de la Fiscalía Federal llamando al 888-221-6023 o enviando un correo electrónico a [email protected].
Personas por todo el país pueden informar a la División de Derechos Civiles del Departamento de Justicia de casos de acoso sexual y otras formas de discriminación en la vivienda llamando al (800) 896-7743 o entregando un informe en línea.
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Eastern Panhandle man sentenced for heroin chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA –Karl Justin Dunn, III, of Kearneysville, West Virginia, was sentenced today to 37 months of incarceration for distributing heroin, U.S. Attorney Bill Powell announced.
Dunn, age 33, pled guilty to one count of “Distribution of Heroin” in February 2020. Dunn admitted to selling heroin in July 2018 in Berkeley County.
This charge is the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.
Durham Man Sentenced to 12-1/2 Years in Prison in Child Pornography CaseRead the Press Release
GREENSBORO, N.C. – A man who pleaded guilty to transportation of child pornography was sentenced Friday, December 4, 2020, announced Matthew G.T. Martin, United States Attorney for the Middle District of North Carolina.
PHILIP STEPHEN STALLINGS, 41, of Durham, North Carolina, pleaded guilty on June 9, 2020, to one count of transportation of child pornography. He was sentenced by United States District Judge William L. Osteen, Jr. to 150 months of imprisonment followed by 15 years of supervised release. He was ordered to pay a total of $17,000 in restitution to five victims.
In December 2018, special agents with Homeland Security Investigations (HSI) became aware that an individual was using a popular mobile messaging application to share child pornography. They ultimately identified the perpetrator as STALLINGS. On June 19, 2019, HSI special agents and investigators with the Durham County Sheriff’s Office executed a search warrant at STALLINGS’ Durham residence. They recovered three electronic devices and identified a cloud storage account that contained child pornography. File created-on dates indicated that STALLINGS had possessed many of the files for approximately three years or more.
This case was investigated by Homeland Security Investigations (HSI) with the assistance of the Durham County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Eric L. Iverson and brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat online child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Drug dealer earns prison time for meth trafficking convictionRead the Press Release
BRUNSWICK, GA: A Wayne County man has been sentenced to more than a decade in federal prison after a drug arrest in which a deputy was seriously injured.
Derrick Morris, a/k/a “Butta,” 33, of Jesup, Ga., was sentenced to 168 months in prison by U.S. District Court Judge Lisa Godbey Wood after pleading guilty to Possession with Intent to Distribute 5 or More Grams of Methamphetamine, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Morris also must serve five years of supervised release after completion of his prison term.
There is no parole in the federal system.
“As Morris’ arrest amply illustrated, drug trafficking can quickly turn into violent crime,” said U.S. Attorney Christine. “It’s infuriating that the officer was seriously hurt during the altercation, and ultimately the community will benefit from another poison pusher being removed from the streets.”
As described in court documents and testimony, on June 27, 2019, investigators from the Appling County Sheriff’s Office stopped Morris’ vehicle after a drug deal. During the arrest, Morris fought with an Appling County deputy who was injured and later hospitalized while placing Morris in custody. A search of Morris’ vehicle and hotel room discovered additional drugs, along with drug sales paraphernalia and cash. Morris has prior felony convictions for possession and sale of illegal drugs.
“Methamphetamine poses a clear and present danger to the health and safety of communities,” said Robert J. Murphy, Special Agent in Charge of the Drug Enforcement Administration (DEA) Atlanta Field Division. “The chemicals used to manufacture this toxic drug are dangerous. This defendant will no longer be able to manufacture and distribute this insidious drug and will spend well-deserved time in prison.”
“This is another offender we have worked closely with our local and federal partners to put away for a long time. He not only was dealing poison to South Georgia communities, but also was violent towards a law enforcement officer,” said Georgia Bureau of Investigation (GBI) Director Vic Reynolds. “This sentence should be a warning to others committing these felonies that they will be investigated and prosecuted.”
“This case abundantly illustrates that the simple refusal to follow lawful commands can change the life of both the offender and a law enforcement officer,” said Appling County Sheriff Mark Melton. “Because of Derrick Morris’ illegal actions, he’ll spend 14 years behind bars, while our deputy faces a long road to a complete recovery.”
The case was investigated by the DEA, the GBI, and the Appling County Sheriff’s Office, and prosecuted for the United States by Assistant U.S. Attorney and Organized Crime Drug Enforcement Task Force Coordinator Marcela C. Mateo.
Detroit man with previous felony drug convictions charged with intent to distribute methRead the Press Release
A federal grand jury sitting in Toledo has returned a one-count indictment charging Eddie Lee Pope, age 47, of Detroit, Michigan, with intent to distribute methamphetamine. This charge carries an enhanced penalty specification due to the defendant’s history of previous felony drug offense convictions.
According to court documents, on October 14, 2020, the Ohio State Highway Patrol initiated a traffic stop of the vehicle that the defendant was operating. The criminal complaint states that as the patrol officer was questioning the defendant outside of his vehicle, the defendant took off running and was later apprehended. A plastic bag allegedly containing 446.8 grams of methamphetamine was later found near the area where the defendant was apprehended.
The defendant has a history of drug trafficking convictions, including delivery/manufacture of cocaine in the Third Judicial Circuit Court of Michigan.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.
In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Ohio State Highway Patrol and the United States Drug Enforcement Administration (DEA). The case is being prosecuted by Assistant U.S. Attorneys Robert N. Melching and Alissa M. Sterling.
Denham Springs Woman Sentenced to 15 Months in Federal Prison for Conspiracy to Commit Disaster FraudRead the Press Release
United States Attorney Brandon J. Fremin announced that U.S. District Judge John W. deGravelles sentenced Casondra Reagan, age 44, of Denham Springs, to 15 months in federal prison following her conviction for conspiracy to commit fraud connected to major disaster declaration emergency benefits. The Court further sentenced Reagan to serve three years of supervised release following her term of imprisonment and pay restitution in the amount of $50,000.
Following the 2016 flooding that affected 12 parishes in south Louisiana, the Small Business Administration (SBA) made low interest loans available to people who had sustained damage to their residences as a result of the flood. The loans came with caveat that the funds must be used to repair or replace property damaged by the flood.
According to admissions made as part of her guilty plea, Reagan and another agreed to apply for an SBA loan for their residence damaged by the 2016 flood and planned to use the loan to pay off other loans they already had. At no point did they intend to use the SBA loan to repair or replace things damaged by the flood.
Reagan and another applied for and were approved for a $92,500 SBA loan for their Denham Spring residence. SBA dispersed over half the loan funds to Reagan. The loan funds were spent on a trip for four to Disney World, fast food restaurants, gym membership fees, etc. No funds were used to repair or place flood damaged property, nor were any payments made on the loan itself.
U.S. Attorney Fremin stated, “Federal disaster assistance funds are funds dedicated to assist those affected by a disaster. When these funds are stolen, not only is the federal government victimized, but also the true disaster victims who rely on these funds to return their lives to pre-disaster normalcy. My office will continue to work effortlessly with our law enforcement partners to prosecute and hold accountable those who steal from the U.S. taxpayers for their own personal gain.”
“SBA’s Disaster Assistance Program is intended to aid recovery for individuals and businesses that are victims of disasters,” said SBA OIG’s Central Region Special Agent-in-Charge Sharon Johnson. “SBA OIG will relentlessly pursue evidence of misuse of those funds for personal gain. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and pursuit of justice.”
This matter was investigated by the U.S. Small Business Administration and Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Jessica Thornhill.
DISH Network to Pay $210 Million for Telemarketing ViolationsRead the Press Release
The Department of Justice today announced a settlement in which DISH Network LLC (DISH) will pay $126 million in civil penalties to the United States for placing millions of telemarketing calls in violation of the Federal Trade Commission's Telemarketing Sales Rule (TSR).
This settlement represents the largest civil penalty ever paid to resolve telemarketing violations under the FTC Act, and exceeds the total penalties paid to the government by all prior violators of the TSR. DISH will also pay a combined $84 million to four states for violations of the Telephone Consumer Protection Act, for a total settlement of $210 million.
“The settlement sends a strong message to would-be violators that telemarketing laws and regulations cannot be ignored,” said Acting Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Civil Division.
This case was filed in 2009 and went to trial in 2016. The United States — along with its co-plaintiffs, the States of California, Illinois, North Carolina, and Ohio — alleged that DISH made millions of unlawful telemarketing calls to consumers and was responsible for millions more made by retailers that marketed DISH products and services. In a 2017 opinion, the district court found DISH liable for more than 66 million telemarketing violations of the TSR and other federal and state statutes, imposing significant compliance measures on DISH and awarding the plaintiffs $280 million in civil penalties and damages, with $168 million going to the United States and $112 million to the state plaintiffs. In 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed those liability findings, but vacated and remanded the civil penalties and damages awards for recalculation.
As reflected in the stipulated judgment entered by the court today, DISH will pay the United States $126 million in civil penalties to resolve the monetary portion of the case and has agreed not to contest the court’s factual findings or liability determination. DISH will continue to follow the robust compliance measures imposed by the court in 2017. The injunction strictly prohibits any future telemarketing violations and significantly restricts DISH’s future telemarketing activities. DISH also has been ordered to prepare and abide by a telemarketing plan, submit telemarketing compliance materials to the department and the FTC twice annually until 2027, and provide compliance reports requested by the department or the FTC.
This matter was handled by attorneys in the Civil Division’s Consumer Protection Branch, including Assistant Director Lisa K. Hsiao and Trial Attorneys Patrick R. Runkle, Daniel Crane-Hirsch, and Benjamin A. Cornfeld. Mark B. Stern and Lindsey Powell of the division’s Appellate Staff handled the Seventh Circuit appeal. Lois Greisman, Will Maxson, and Russell Deitch of the FTC’s Division of Marketing Practices represented the FTC.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at https://www.FTC.gov.
Convicted Felon Sentenced to 81 Years in Federal Prison for Robbing Stores at GunpointRead the Press Release
SHREVEPORT, La. – Christopher M.K. Dumas, 29, of Shreveport, Louisiana, was sentenced today by United States District Judge S. Maurice Hicks, Jr. to 81 years in prison followed by 5 years of supervised release for his participation in five armed robberies in Shreveport and one in Marshall, Texas, announced Acting United States Attorney Alexander C. Van Hook.
“The sentence imposed today sends a crystal clear message that criminals who use guns and violence to terrorize the community will face severe consequences when they are prosecuted in federal court,” said Acting United States Attorney Van Hook. “The United States Attorney’s Office, the ATF, and the FBI will continue to work with the Shreveport Police Department and our other local law enforcement partners to make our communities safer by taking dangerous felons like Mr. Dumas off the street. Mr. Dumas’s long history of gun violence came to an end today.”
Dumas was convicted by a federal jury in March 2020 following a four-day trial in U.S. District Court. The evidence at trial established that between March 17, 2017 and April 15, 2017, Dumas robbed at gunpoint, a Metro PCS store, H&S Grocery and Liquor, Inc., Werner Park Grocery, and Rodeway Inn & Suites, all located in Shreveport, Louisiana, and a Boost Mobile store in Marshall, Texas.
On March 17, 2017 and March 20, 2017, Dumas entered a Metro PCS store waving a .38 Colt Army revolver, demanding the money from the register and safe. He told one employee to put the money in the bag or he would shoot him in the leg. On March 17, Dumas left with $2,568 and on March 20, with $400. Dumas held up an H&S Grocery and Liquor clerk at gunpoint on March 30, 3017, and told the clerk “give me all the money or I’ll shoot you.” The clerk gave Dumas all of the cash ($400) in the register.
On April 1, 2017, after having met with his parole officer earlier that morning, Dumas traveled to Marshall, Texas, where he robbed a Boost Mobile store. Dumas entered the store, leaped over the sales counter and pointed a.38 Colt revolver at the store clerk, demanding cash from the register. A neighboring business owner heard the store clerk scream and came to aid her. Dumas shot the business owner hitting him twice in the chest and then fled from the scene. A silver Nissan Versa with a dent on the driver’s side door was seen in the area before, during, and after the robbery and was captured on the surveillance cameras of the Greenwood Police Department traveling back to Shreveport.
On April 4, 2017, Dumas and his co-defendant Stafford King, robbed Werner Park Grocery at gunpoint. King put the revolver against the head of a store clerk and told the clerk to give him money. Dumas pointed his gun at another clerk’s head while also demanding money. Both defendants ran out of the store with an unknown amount of money and got into a silver car with a dent on the left side.
On April 15, 2017, Dumas pointed a gun at a Rodeway Inn employee and demanded the money from the register. The clerk complied with Dumas’ demands and Dumas got away with $554. On March 20 and April 15, Dumas was also seen getting into a silver car with damage on the left side. Each robbery was captured by video surveillance.
Later on April 25, 2017, a Shreveport police officer saw the silver Nissan Versa matching the description from the robberies and pulled it over after a traffic violation. King was driving and Dumas was in the passenger seat. Law enforcement officers recovered hoodies, bandanas, and gloves from the car that matched descriptions from the robberies. Police also located 9 millimeter ammunition, consistent with a TEC-9 semi-automatic pistol used in the Werner Park and Rodeway Inn robberies and three other weapons from the Nissan Versa.
Dumas, a previously convicted felon, was on state parole for simple burglary and possession of a firearm by a convicted felon at the time of the robberies. He was released on parole in January 2017 and started robbing just two months later, in March.
Dumas’ co-defendant, Stafford King, 39, of Shreveport, pleaded guilty on August 12, 2019, to one violation each of the Hobbs Act and using of a firearm during a crime of violence. King was sentenced by United States District Judge S. Maurice Hicks, Jr. to 11 years, 8 months in prison followed by 5 years of supervised release for his participation in the robberies.
The FBI, ATF, Shreveport Police Department, Marshall, Texas Police Department, and Greenwood Police Department investigated the case. Assistant U.S. Attorneys Cytheria D. Jernigan and Leon H. Whitten prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
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Connecticut Man Sentenced for Bank Fraud and Aggravated Identity TheftRead the Press Release
BOISE – Edward Fisher, 57, of Stamford, Connecticut, was sentenced to 42 months in federal prison for bank fraud and aggravated identity theft, U.S. Attorney Bart M. Davis announced today. U.S. District Judge B. Lynn Winmill also imposed a term of three years of supervised release to follow Fisher’s prison sentence. Fisher pleaded guilty to the charges on September 3, 2020.
According to court records, on April 22, 2020, Fisher visited a Wells Fargo in Boise, a federally insured financial institution. Fisher filled out a withdrawal slip for $3,500 and requested to withdraw funds from an account belonging to a Wells Fargo account holder. To withdraw the funds from the account, Fisher presented false identification bearing Fisher's photograph, but with the personal identification of the real account holder. Fisher did not know the real account holder and never obtained the account holder’s permission to withdraw the funds.
On April 21 and April 22, 2020, Fisher attempted the same fraudulent scheme at three different Wells Fargo branches in Idaho using the same false identification as well as false identification of another Wells Fargo account holder. In total, Fisher unsuccessfully attempted to fraudulently withdraw $18,000 from accounts at Wells Fargo.
This case was investigated by the Boise Police Department and United States Secret Service.
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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.
Cameroonian Operator Charged in Fraudulent Online "Puppy Scam" that Exploited the COVID-19 PandemicRead the Press Release
A criminal complaint unsealed Friday in federal court in Pittsburgh charges Desmond Fodje Bobga for his alleged involvement in a puppy fraud scheme perpetrated against American consumers. Fodje Bobga, 27, is a citizen of Cameroon who is in Romania on a visa to attend a university there.
He is charged with conspiracy to commit wire fraud, wire fraud, forging a seal of the U.S. Supreme Court, and aggravated identity theft. Fodje Bobga has been arrested. A website that was used in the online puppy fraud scheme, www.lovelyhappypuppy.com, is already deleted.
“The Department of Justice is committed to deterring and disrupting schemes, especially transnational ones, that take advantage of the COVID-19 pandemic for financial gain by victimizing consumers,” said Acting Assistant Attorney General Jeffery Bossert Clark for the Civil Division. “We are grateful to our partners at the U.S. Attorney’s Office in the Western District of Pennsylvania and the FBI for working hard to shut down this fraud scheme and to punish criminals who seek to exploit American’s fondness for animals.”
“The dog adoption market can be a breeding ground for catfish schemes. Fodje Bogda and his co-conspirators exploited a national pandemic — and the social isolation it engendered — to exploit victims with photos of cute puppies and to bilk extra costs under the pretense of COVID,” said U.S. Attorney Scott W. Brady for the Western District of Pennsylvania. “With the holiday season upon us, and the desire for companionship higher than ever, don’t fall prey to scammers selling pets online: do your research and verify.”
“Unfortunately, the pandemic has created the perfect condition for unscrupulous pet sellers to thrive,” said FBI Pittsburgh Special Agent in Charge Michael Christman. “This suspect exploited this website to sell puppies and capitalized on people looking for companion animals online during this difficult time. The FBI has a long arm and an even longer reach and no matter where these scammers are, we will stop at nothing to make sure they don't get away with victimizing American citizens.”
According to the unsealed affidavit filed with the criminal complaint, from around June 2018 to the present, Fodje Bobga knowingly conspired with others to offer puppies and other animals for sale on Internet websites, including lovelyhappypuppy.com. He and others communicated by text message and email with potential victims to induce pet purchases. Following each purchase, Fodje Bobga and the co-conspirators claimed that a transportation company would deliver the puppy or other animal and provided a false tracking number for the pet. Fodje Bobga and his co-conspirators, acting as the transportation company, then claimed the pet transport was delayed and that the victim needed to pay additional money for delivery of the pet.
More recently, Fodje Bobga and the co-conspirators told some victims that they needed to pay even more money for delivery because the pet had been exposed to the coronavirus. The perpetrators used false and fraudulent promises and documents regarding shipping fees and coronavirus exposure to extract successive payments from victims. Among the fake documents were a “refundable crate and vaccine guarantee document” that purported to have been issued by the “Supreme Court of the United States of America” and bore the seal of the court, along with the signature of a Clerk of the Court. After Fodje Bobga and the co-conspirators received money directly and indirectly through wire communications from the victims, Fodje Bobga and the co-conspirators never delivered the pets.
The affidavit and criminal complaint detail the alleged dealings of Fodje Bobga and his co-conspirators with six victims in Western Pennsylvania and elsewhere who were seeking to purchase a puppy. According to the affidavits and criminal complaint:
- Victim 1, of New Brighton, Pennsylvania, was seeking to purchase a mini-dachshund puppy for her mother in mid-March of 2020. Victim 1 was induced to lose $9,100 due to false claims that the puppy was being shipped, needed insurance, and was exposed to COVID-19;
- Victim 2 of Fruitland, Iowa, was seeking to purchase a mini dachshund puppy for herself in mid-March of 2020. False claims induced Victim 2 to lose $1,840;
- Victim 3 of Marion Center, Pennsylvania, was seeking to purchase a teacup Chihuahua and paid $600. Victim 3 became suspicious when asked for an additional $800 for shipping. Fodje Bobga allegedly provided a false Refundable Crate and Vaccine Guarantee Document, purported to have been issued by and containing the seal of the Supreme Court of the United States, in an attempt to induce Victim 3 to pay the additional charges. Victim 3 lost $600;
- Victim 4 is a Dallas, Texas, couple who were seeking to purchase a dog. Following the payment of $950 for the agreed upon dog named Snow White, the couple was contacted regarding issues with shipment and induced to pay $850 more by Zelle, an online payment service. The couple was contacted again with the claim that payment did not go through due to the wrong name being listed, but refused to resend $850. Victim 4 lost $1,800;
- Victim 5 of Cheswick, Pennsylvania, was seeking to purchase a Chihuahua named Bentley for $600. After sending a $600 MoneyGram to the alleged seller, Victim 5 was contacted repeatedly regarding problems with payments, transportation issues and the need to purchase a U.S. Department of Agriculture permit. Victim 5 lost $1,500; and
- Victim 6 of Pittsburgh, Pennsylvania, was searching for a puppy online but became suspicious and did not send any payments. According to the complaint, 55 text messages were exchanged with Victim 6’s phone number, between Jan. 23, 2020, and Jan. 24, 2020, that attempted to induce Victim 6 to pay for a puppy.
Fodje Bobga was arrested in Cluj, Romania, on Dec. 3, 2020, pursuant to a provisional arrest request from the United States.
The wire fraud conspiracy and wire fraud charges provide for a sentence of up to 20 years in prison. Forging of Seal provides for a maximum sentence of five years in prison. Aggravated identity theft provides for a mandatory two years in prison in addition to the other sentences. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The FBI Pittsburgh Field Office conducted the investigation leading to the domain seizures and criminal complaint in this case. The prosecution is being handled by Assistant U.S. Attorneys Shardul Desai and Ira M. Karoll of the Western District of Pennsylvania and Wei Xiang of the Civil Division’s Consumer Protection Branch.
The Justice Department’s Office of International Affairs provided substantial assistance. Law enforcement authorities in Romania including the Romanian National Police, Directorate for Combating Organized Crime and the Cluj Brigade for Combating Organized Crime provided significant cooperation.
The FBI urges vigilance during the COVID-19 pandemic. For resources on keeping yourself and your family safe from hackers and scammers visit: https://www.fbi.gov/coronavirus.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
For more information about the Consumer Protection Branch, visit its website at www.justice.gov/civil/consumer-protection-branch.
California Man Sentenced to Federal Prison in Drug Trafficking Conspiracy Involving Louisiana State Penitentiary Inmates, Former Angola Guards, and OthersRead the Press Release
United States Attorney Brandon J. Fremin announced that U.S. Chief Judge Shelly D. Dick sentenced Ismael Ochoa, age 34, to 90 months in federal prison following his convictions for conspiracy to distribute and possess with intent to distribute cocaine, heroin, marijuana, and methamphetamine, and unlawful travel in aid of a racketeering enterprise.
The Court further sentenced Ochoa to serve three years of supervised release following his term of imprisonment and forfeit $5,735.
Ochoa was charged along with twenty-one other individuals in connection with an extensive federal, state, and local investigation by the Middle District Organized Crime and Drug Enforcement Task Force (OCDETF) aimed at a drug trafficking organization – Jellystone – a large-scale cocaine, heroin, marijuana, and methamphetamine trafficking network based in the Louisiana State Penitentiary at Angola, with suppliers in East Baton Rouge Parish, Louisiana, and Colton, California.
According to admissions made as part of his guilty plea, Ochoa agreed with others, to smuggle heroin, marijuana, and methamphetamine into Angola, which is located in West Feliciana Parish, Louisiana, in the Middle District of Louisiana.
On September 25, 2017, Ochoa traveled from San Bernardino, California, to Baton Rouge, Louisiana, to assist in smuggling marijuana and methamphetamine into Angola. Upon his arrival in Baton Rouge, Ochoa borrowed a Glock handgun to keep during his stay in Baton Rouge. On or about October 1, 2017, Ochoa helped Individual 1 package approximately 3 pounds of marijuana and 4 ounces of methamphetamine to be smuggled into Angola and traveled with Individual 1 to Angola to assist in the smuggling.
Between July 2017 and September 2017, Ochoa received over $5,735 as payment for illegal controlled substances, to include heroin, marijuana and methamphetamine that were distributed by two illegal drug dealers in California, and shipped to Louisiana for delivery to inmates in Angola, to include an Angola inmate. Ochoa then used these funds to distribute to members of the drug-trafficking conspiracy with which he was involved, and also to pay the California drug dealers, and others, for heroin, marijuana, and methamphetamine that had been shipped to Louisiana and then smuggled into Angola for further distribution by the Angola inmate.
U.S. Attorney Fremin stated, “This defendant is one of the key leaders of a drug distribution conspiracy which brought significant amounts of cocaine, heroin, marijuana, and methamphetamine into our district and penal system. Those involved include inmates at Angola serving either life or other significant terms of imprisonment, former Angola guards, and drug suppliers from California. This sentencing restores justice in order to protect our citizens and promote respect for the law. I want to thank our prosecutor, the FBI, the United States Postal Inspection Service, the West Feliciana Sheriff, and the Louisiana Department of Corrections who worked tirelessly, and in constant coordination, to advance the goal of eliminating opioids and other harmful drugs from our district.”
“The FBI’s goal is to identify and target criminal enterprises and other groups engaged in drug trafficking. Today, justice was served to Mr. Ochoa who chose to traffic and distribute illicit narcotics in Angola State Penitentiary. I want to thank the efforts and collaboration of the United States Attorney's Office, the United States Postal Inspection Service, the West Feliciana Sheriff, and the Louisiana Department of Corrections who worked tirelessly to dismantle this criminal enterprise,” stated the FBI Special Agent in Charge Bryan Vorndran. “I assure you, the FBI will continue to enforce the laws and intervene when drug traffickers distribute narcotics on the streets or in the prison system.”
This matter is being investigated by the Federal Bureau of Investigation and the United States Postal Inspection Service, with assistance from the Louisiana Department of Corrections and West Feliciana Parish Sheriff’s Office. This matter is being prosecuted by Assistant United States Attorney Paul L. Pugliese.
The investigation that led to this indictment is another effort by the Organized Crime Drug Enforcement Task Force (OCDETF) Program that was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. The OCDETF Program operates nationwide and combines the resources and unique expertise of numerous federal, state, and local agencies in a coordinated attack against major drug trafficking and money laundering organizations.
Cameroonian Operator Charged in Fraudulent Online “Puppy Scam” That Exploited the COVID-19 PandemicRead the Press Release
WASHINGTON – A criminal complaint unsealed Friday in federal court in Pittsburgh charges Desmond Fodje Bobga for his alleged involvement in a puppy fraud scheme perpetrated against American consumers. Fodje Bobga, 27, is a citizen of Cameroon who is in Romania on a visa to attend a university there. He is charged with conspiracy to commit wire fraud, wire fraud, forging a seal of the U.S. Supreme Court, and aggravated identity theft. Fodje Bobga has been arrested. A website that was used in the online puppy fraud scheme, www.lovelyhappypuppy.com, is already deleted.
Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division, U.S. Attorney Scott W. Brady for the Western District of Pennsylvania and Special Agent in Charge Michael Christman of the FBI Pittsburgh Field Office, announced the arrest.
"The Department of Justice is committed to deterring and disrupting schemes, especially transnational ones, that take advantage of the COVID-19 pandemic for financial gain by victimizing consumers," said Acting Assistant Attorney General Clark. "We are grateful to our partners at the U.S. Attorney’s Office in the Western District of Pennsylvania and the FBI for working hard to shut down this fraud scheme and to punish criminals who seek to exploit American’s fondness for animals."
"The dog adoption market can be a breeding ground for catfish schemes. Fodje Bogda and his co-conspirators exploited a national pandemic — and the social isolation it engendered — to exploit victims with photos of cute puppies and to bilk extra costs under the pretense of COVID," said U.S. Attorney Brady. "With the holiday season upon us, and the desire for companionship higher than ever, don’t fall prey to scammers selling pets online: do your research and verify."
"Unfortunately, the pandemic has created the perfect condition for unscrupulous pet sellers to thrive," said FBI Pittsburgh Special Agent in Charge Michael Christman. "This suspect exploited this website to sell puppies and capitalized on people looking for companion animals online during this difficult time. The FBI has a long arm and an even longer reach and no matter where these scammers are, we will stop at nothing to make sure they don't get away with victimizing American citizens."
According to the unsealed affidavit filed with the criminal complaint, from around June 2018 to the present, Fodje Bobga knowingly conspired with others to offer puppies and other animals for sale on Internet websites, including lovelyhappypuppy.com. He and others communicated by text message and email with potential victims to induce pet purchases. Following each purchase, Fodje Bobga and the coconspirators claimed that a transportation company would deliver the puppy or other animal and provided a false tracking number for the pet. Fodje Bobga and his coconspirators, acting as the transportation company, then claimed the pet transport was delayed and that the victim needed to pay additional money for delivery of the pet. More recently, Fodje Bobga and the coconspirators told some victims that they needed to pay even more money for delivery because the pet had been exposed to the coronavirus. The perpetrators used false and fraudulent promises and documents regarding shipping fees and coronavirus exposure to extract successive payments from victims. Among the fake documents were a "Refundable Crate and Vaccine Guarantee Document" that purported to have been issued by the "Supreme Court of the United States of America" and bore the seal of the Court, along with the signature of a Clerk of the Court. After Fodje Bobga and the coconspirators received money directly and indirectly through wire communications from the victims, Fodje Bobga and the coconspirators never delivered the pets.
The affidavit and criminal complaint detail the alleged dealings of Fodje Bobga and his coconspirators with six victims in Western Pennsylvania and elsewhere who were seeking to purchase a puppy. According to the affidavits and criminal complaint:
• Victim 1, of New Brighton, Pennsylvania, was seeking to purchase a mini-dachshund puppy for her mother in mid-March of 2020. Victim 1 was induced to lose $9,100 due to false claims that the puppy was being shipped, needed insurance, and was exposed to COVID-19;
• Victim 2 of Fruitland, Iowa was seeking to purchase a mini dachshund puppy for herself in mid-March of 2020. False claims induced Victim 2 to lose $1,840;
• Victim 3 of Marion Center, Pennsylvania was seeking to purchase a teacup Chihuahua and paid $600. Victim 3 became suspicious when asked for an additional $800 for shipping. Fodje Bobga allegedly provided a false Refundable Crate and Vaccine Guarantee Document, purported to have been issued by and containing the seal of the Supreme Court of the United States, in an attempt to induce Victim 3 to pay the additional charges. Victim 3 lost $600;
• Victim 4 is a Dallas, Texas couple who were seeking to purchase a dog. Following the payment of $950 for the agreed upon dog named Snow White, the couple was contacted regarding issues with shipment and induced to pay $850 more by Zelle, an online payment service. The couple was contacted again with the claim that payment did not go through due to the wrong name being listed, but refused to resend $850. Victim 4 lost $1,800;
• Victim 5 of Cheswick, Pennsylvania, was seeking to purchase a Chihuahua named Bentley for $600. After sending a $600 MoneyGram to the alleged seller, Victim 5 was contacted repeatedly regarding problems with payments, transportation issues and the need to purchase a USDA permit. Victim 5 lost $1,500; and
• Victim 6 of Pittsburgh, Pennsylvania, was searching for a puppy online but became suspicious and did not send any payments. According to the complaint, 55 text messages were exchanged with Victim 6’s phone number, between January 23, 2020, and January 24, 2020, that attempted to induce Victim 6 to pay for a puppy.
Fodje Bobga was arrested in Cluj, Romania, on December 3, 2020, pursuant to a provisional arrest request from the United States.
The wire fraud conspiracy and wire fraud charges provide for a sentence of up to 20 years in prison. Forging of Seal provides for a maximum sentence of five years in prison. Aggravated Identity Theft provides for a mandatory two years in prison in addition to the other sentences. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The FBI Pittsburgh Field Office conducted the investigation leading to the domain seizures and criminal complaint in this case. The prosecution is being handled by Assistant U.S. Attorneys Shardul Desai and Ira M. Karoll of the Western District of Pennsylvania and Wei Xiang of the Civil Division’s Consumer Protection Branch.
The Justice Department’s Office of International Affairs provided substantial assistance. Law enforcement authorities in Romania including the Romanian National Police, Directorate for Combating Organized Crime and the Cluj Brigade for Combating Organized Crime provided significant cooperation.
The FBI urges vigilance during the COVID-19 pandemic. For resources on keeping yourself and your family safe from hackers and scammers visit: https://www.fbi.gov/coronavirus.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
For more information about the Consumer Protection Branch, visit its website at www.justice.gov/civil/consumer-protection-branch.
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.
Criminal Complaint- Criminal Complaint
Bronx Man Charged with Harboring Fugitive and Making False Statements in Connection with Shooting of Two Deputy United States MarshalsRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, Ralph Sozio, the United States Marshal for the Southern District of New York, and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced today the filing of a Complaint in Manhattan federal court charging GRANT GRANDISON with making false statements to federal agents and harboring or concealing a person from arrest. As alleged, GRANDISON allowed Andre K. Sterling, a fugitive wanted for the November 20, 2020, shooting of a state trooper in Massachusetts, to reside in his Bronx apartment. GRANDISON further allegedly lied to the Marshals who were seeking to arrest Sterling by telling the Marshals that no one was in the apartment, before Sterling fired multiple rounds at the Marshals, striking and injuring two Marshals. GRANDISON was arrested on December 4, 2020, and will be presented this afternoon before United States Magistrate Judge Sarah Netburn.
Acting U.S. Attorney Audrey Strauss said: “As alleged, Grant Grandison’s conduct led to the horrific shooting of two Deputy United States Marshals who were just doing their jobs in attempting to arrest Andre K. Sterling, a man wanted for a violent felony. We are lucky that more law enforcement officers were not injured during the shooting, and it appears that both injured Marshals will recover. Grandison is now charged in federal court for his serious crimes. Our Office remains committed to defending our brave law enforcement partners, who risk their lives every day to keep New Yorkers safe.”
United States Marshal Ralph Sozio said: “Unfortunately, and as alleged, the actions of Grandison dictated the events that led to the shooting of two Deputy United States Marshals on that morning in the Bronx. The heroic actions of the Deputy United States Marshals and Task Force Members that day are a true testament to the dangers of entering an unknown location in search of a violent fugitive. On behalf of the United States Marshals Service I want to extend my gratitude to the United States Attorney’s Office and the New York City Police Department for their tireless investigation and their pursuit of Federal charges. Our thoughts and prayers are with our Deputies as they recover from their injuries. The United States Marshals Service and the law enforcement community remain united in our continued pursuit of justice.”
NYPD Commissioner Dermot Shea said: “By misleading federal agents, as alleged, the defendant led them into a violent attack. The ensuing shooting not only injured two Deputy U.S. Marshals but is an assault on society. I commend the U.S. Attorney’s Office for the Southern District of New York for answering it with these federal charges.”
As alleged in the Complaint[1] filed in Manhattan federal court:
On or about November 20, 2020, Andre K. Sterling allegedly shot a Massachusetts State Trooper during a traffic stop in Hyannis, Massachusetts. Sterling fled from Massachusetts and was deemed a fugitive. On or about November 24, 2020, a federal warrant was issued for Sterling’s arrest.
On the morning of December 4, 2020, several Deputy United States Marshals (the “Marshals”), along with officers from the NYPD and state troopers from the Massachusetts State Police, traveled to an apartment in the Bronx (the “Apartment”), where they believed Sterling was located, in order to arrest Sterling. The Marshals announced themselves as “U.S. Marshals” and encountered GRANDISON at the door. The Marshals asked GRANDISON, in sum and substance, if anyone else was in the Apartment, and GRANDISON replied, in sum and substance, that no one else was in the Apartment. At the time of GRANDISON’s statements to the Marshals, he knew that Sterling was a fugitive. The Marshals proceeded into the Apartment, at which point Sterling began firing at the Marshals, striking and injuring two Marshals. The Marshals returned fire, and Sterling was killed in the exchange. Law enforcement agents recovered a firearm from near Sterling.
Law enforcement agents later interviewed GRANDISON, who admitted, in sum and substance and among other things, that he had allowed Sterling to live with him. GRANDISON further admitted that Sterling had told him, in sum and substance and among other things, that if anyone was looking for him, GRANDISON should tell them Sterling was not there.
* * *
GRANDISON, 35, of the Bronx, New York, is charged with one count of making false statements to a federal agents and one count of harboring or concealing a person from arrest, each of which carries a maximum sentence of five years in prison.
The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the United States Marshals Service, the New York/New Jersey Regional Fugitive Task Force, the New York City Police Department’s 47th Precinct Detective Squad, the Massachusetts State Police, and the Special Agents of the United States Attorney’s Office for the Southern District of New York.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorney Alexandra N. Rothman is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Berkeley County woman sentenced for drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Jazzlyn Rae Molloy, of Martinsburg, West Virginia, was sentenced today to 41 months of incarceration for a drug charge, U.S. Attorney Bill Powell announced.
Molloy, age 23, pled guilty to one count of “Possession with Intent to Distribute Cocaine” in March 2020. Molly admitted to having more than 500 grams of cocaine in April 2018 in Berkeley County in September 2018.
Assistant U.S. Attorney Kimberley D. Crockett prosecuted the case on behalf of the government. The Martinsburg Police Department investigated.
Chief U.S. District Judge Gina M. Groh presided.
Arkansas Project Manager Sentenced in Connection with COVID-Relief FraudRead the Press Release
A project manager employed by a major retailer was sentenced to 24 months in prison followed by five years of supervised release for fraudulently seeking more than $8 million in forgivable loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and U.S. Attorney R. Trent Shores of the Northern District of Oklahoma.
Benjamin Hayford, 32, of Centerton, Arkansas, was sentenced today by U.S. District Judge Claire V. Eagan. Hayford pleaded guilty in August to an indictment charging him with fraudulently seeking millions of dollars in forgivable loans guaranteed by the SBA from multiple banks by claiming fictitious payroll expenses. To support his applications, Hayford provided lenders with fraudulent payroll documentation purporting to establish payroll expenses that were, in fact, non-existent. In addition, Hayford admitted to making false representations to a financial institution concerning the date that a Limited Liability Partnership for which he applied for relief was established. The lenders at issue declined to fund the loans that Hayford sought.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the Paycheck Protection Program (PPP). In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set period and use a certain percentage of the loan towards payroll expenses.
Deputy Chief Brian R. Young of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Victor A.S. Régal for the Northern District of Oklahoma are prosecuting the case. The U.S. Attorney’s Office for the Western District of Arkansas provided valuable assistance in this matter.
The Justice Department acknowledges and thanks the Federal Housing Financial Agency Office of Inspector General, the SBA Office of Inspector General, and the Federal Deposit Insurance Corporation Office of Inspector General for their efforts investigating this matter.
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.
Arkansas Project Manager Sentenced in Connection with COVID-Relief FraudRead the Press Release
A project manager employed by a major retailer was sentenced to 24 months in prison followed by five years of supervised release for fraudulently seeking more than $8 million in forgivable loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and U.S. Attorney R. Trent Shores of the Northern District of Oklahoma.
Benjamin Hayford, 32, of Centerton, Arkansas, was sentenced today by U.S. District Judge Claire V. Eagan. Hayford pleaded guilty in August to an indictment charging him with fraudulently seeking millions of dollars in forgivable loans guaranteed by the SBA from multiple banks by claiming fictitious payroll expenses. To support his applications, Hayford provided lenders with fraudulent payroll documentation purporting to establish payroll expenses that were, in fact, non-existent. In addition, Hayford admitted to making false representations to a financial institution concerning the date that a Limited Liability Partnership for which he applied for relief was established. The lenders at issue declined to fund the loans that Hayford sought.
“Small businesses are vital employers to 60 million Americans. Amid the COVID-19 pandemic, many small businesses are treading water, and the Paycheck Protection Program is a lifeline to help keep employees on their payrolls,” said U.S. Attorney Trent Shores. “Benjamin Hayford, and those like him, seek to enrich themselves at the expense of others in need during these uncertain times. Across the United States, these fraudsters are being brought to justice, including Hayford who will spend the next two years in federal prison.”
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the Paycheck Protection Program (PPP). In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set period and use a certain percentage of the loan towards payroll expenses.
Deputy Chief Brian R. Young of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Victor A.S. Régal for the Northern District of Oklahoma are prosecuting the case. The U.S. Attorney’s Office for the Western District of Arkansas provided valuable assistance in this matter.
The Justice Department acknowledges and thanks the Federal Housing Financial Agency Office of Inspector General, the SBA Office of Inspector General, and the Federal Deposit Insurance Corporation Office of Inspector General for their efforts investigating this matter.
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.
4 December 2020
YouTube Video Leads to Prison Sentence for Convicted FelonRead the Press Release
ALEXANDRIA, Va. – A previously convicted felon was sentenced today to 18 months in prison and three years of supervised release after he appeared in a video posted to YouTube while in possession of a firearm.
According to court documents, Najee Lewis, 23, of Stafford, unlawfully possessed a stolen 9mm Ruger pistol while appearing in a music video. At the time, Lewis knew he was a convicted felon and was prohibited from possessing the firearm.
Lewis previously was convicted in Prince William Circuit Court of two separate felony robbery offenses that had occurred two days apart. He was subsequently sentenced at the same time for both offenses. In May 2018, Lewis was released from incarceration for these robbery convictions and began a 10-year term of supervised probation. Less than four months after his release from incarceration, while still on supervision in Virginia, the video showing Lewis with a firearm was posted to YouTube. In April 2018, the firearm was reported stolen, and it was later recovered in October 2019.
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 ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge T.S. Ellis III.
Special Assistant U.S. Attorney Christian Levesque 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-128.
Westchester Man Arrested in Menands on Child Enticement ChargeRead the Press Release
ALBANY, NEW YORK – Dean Picariello, age 30, of Valhalla, New York, was arrested yesterday and charged with attempting to entice or coerce a child.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The criminal complaint alleges that, on November 4, 2020, Picariello initiated a conversation with an undercover police officer posing as a 12-year-old girl in a teen chat group on a popular social media messaging application. Picariello engaged in sexually explicit conversation with the undercover officer, graphically describing the sex acts he would perform on the 12-year-old child when they met in person. In late November, Picariello began exchanging sexually explicit text messages with a second undercover officer posing as the 12-year-old girl’s younger cousin. On December 3, 2020, Picariello arranged to travel from Valhalla to Menands, to meet and have sex with the cousins. When Picariello arrived at the prearranged meeting location in Menands, he was encountered by law enforcement officers and arrested.
Picariello appeared today before United States Magistrate Judge Christian F. Hummel. Picariello will remain detained pending trial.
The charge against Picariello carries a sentence of at least 10 years and up to life in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. If convicted, Picariello would also have to register as a sex offender.
This case is being investigated by the FBI and its Child Exploitation Task Force, and is being prosecuted by Assistant United States Attorney Rachel Williams.
Anyone with information about this defendant is encouraged to contact the FBI Albany Field Office at (518) 465-7551.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc/.
Wayne County Man Pleads Guilty to Cocaine Distribution and Gun Possession ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Holsey Wedlow, 68, of Sodus, NY, pleaded guilty before U.S. District Judge David G. Larimer to possessing with intent to distribute 28 grams or more of crack cocaine and being a felon-in-possession of firearms. The charges carry a minimum penalty of five years in prison, a maximum of 50 years, and a $5,250,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between September 2016 and September 2018, the defendant sold cocaine and crack cocaine in the Wayne County area. During that time, Wedlow possessed multiple firearms, which he was prohibited from possessing by virtue of the fact that he had three prior felony convictions.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Wayne County Sheriff’s Office, under the direction of Sheriff Barry Virts; and the Ontario County Sheriff’s Office, under the direction of Sheriff Kevin Henderson.
Sentencing will be scheduled at a later date.
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Waterloo Man Pleads Guilty to Making Threatening Phone Call to Congressman’s OfficeRead the Press Release
A man who called the Washington D.C. office of Congressman Jerrold Nadler and threatened the Congressman pled guilty today in federal court in Cedar Rapids.
Kenneth Brown, from Waterloo, Iowa, was convicted of one count of transmitting a threatening communication.
At the plea hearing, Brown admitted that on December 18, 2019, he called the Washington D.C. office of Congress Nadler. Brown admitted that he spoke with a staff assistant working in the office and threatened the Congressman. Specifically, as charged in the indictment, Brown said “I will find someone to assassinate that piece of (expletive deleted) you work for. Jerry Nadler is going to be assassinated.”
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Brown remains in custody of the United States Marshal and will remain in custody pending sentencing. Brown faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Federal Bureau of Investigation, the Waterloo Police Department, and the United States Capitol Police.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-2042.
Follow us on Twitter @USAO_NDIA.
Utah Pharmacy Accused of Unlawfully Dispensing Thousands of Opioids, Other Controlled Substances in Civil LawsuitRead the Press Release
SALT LAKE CITY – A Utah pharmacy is accused of dispensing thousands of highly addictive controlled substances in violation of the Controlled Substances Act (CSA) in a newly filed federal lawsuit, U.S. Attorney John W. Huber announced today. The complaint was filed Friday in U.S. District Court in Salt Lake City.
Ridley’s Family Markets, Inc., a corporate-owned supermarket and pharmacy chain, is accused of failing to recognize “red flags” of improper and illegitimate prescriptions. Ridley’s operates 31 grocery stores and two stand-alone pharmacies in Utah, Idaho, Wyoming, Colorado, and Nevada.
A pharmacy owned by Ridley’s in Morgan, Utah, became the subject of a DEA investigation after it was discovered that Ridley’s filled 160 forged and fraudulent prescriptions for two of its regular customers. The United States alleges in its complaint that the customers’ actions were so obviously fraudulent that any reasonable pharmacist would have prevented the illegal diversion of dangerous opioids and other controlled substances by properly following the provisions set forth by the CSA.
The Morgan location is the second pharmacy owned by Ridley’s to be accused of this conduct. A Ridley’s pharmacy located in Casper, Wyoming, is also alleged to have filled more than 200 illegitimate prescriptions written by a now convicted pill-pushing doctor.
The actions sought in this complaint are part of the ongoing efforts made by the U.S. Attorney’s Office in Utah and its federal law enforcement partners to combat the opioid crisis through criminal prosecutions and civil actions.
The lawsuit alleges Ridley’s shirked its responsibility as the “last line of defense between powerful controlled substances with high potential for abuse and the people seeking them.” In addition to overlooking obviously altered paper prescriptions, Ridley’s turned a blind eye to numerous “red flag” warnings of drug abuse and diversion, including: 1) filling prescriptions not within the scope of the prescriber’s practice; 2) unusual levels of cash sales; 3) prescriptions for the same drugs in multiple strengths; 4) prescriptions for daily doses higher than medically necessary; 5) similar or duplicate prescriptions written for more than one family member residing at the same address; and 6) prescriptions for drug combinations well-known in the medical and pharmacy community as carrying a high risk for drug abuse, the lawsuit alleges.
The lawsuit alleges that Ridley’s employees not only failed to comply with CSA protocol, they failed to follow their own minimal safeguards. Following this protocol would have prevented the diversion of thousands of dangerous opioids.
Dispensing drugs in violation of the CSA carries a civil penalty of up to $67,627 per violation. The complaint alleges “hundreds” of violations by Ridley’s with just these two customers. In addition to civil penalties, the United States seeks injunctive relief to restrain Ridley’s violations of the CSA.
The claims asserted against the defendants are allegations only and there has been no determination of liability.
Uniontown man indicted in murder-for-hire plotRead the Press Release
U.S. Attorney Justin Herdman announced today that a federal grand jury sitting in Toledo returned a one-count indictment charging Scott Allen Renninger, age 52, of Uniontown with use of interstate commerce facilities in the commission of murder-for-hire.
“This defendant allegedly went to great lengths to organize, pay for and attempt a murder-for-hire plot,” said U.S. Attorney Justin Herdman. “I am thankful for the hard work of the FBI and the investigators in this case who worked tirelessly to protect the victim and ensure that this defendant would not be able to enact this plot.”
"The FBI commends the individual(s) that came forward to report Mr. Renninger's desire to, in his words, make his wife disappear,” said FBI Special Agent in Charge Eric B. Smith. “Without this vital information, Mrs. Renninger may have very well lost her life. It is imperative that law enforcement and the public continue to work together to ensure the safety of our communities and its citizens."
According to the indictment, in October of 2020, the defendant is accused of offering a confidential source working for the FBI $20,000 in exchange for the killing of his wife, the victim in this case. In June of 2020, the victim filed a Petition for Domestic Violence Civil Protection Order (“DVCPO”) in Domestic Relations Court in Summit County, Ohio. In August of 2020, the victim filed for a divorce from the defendant.
Beginning in October of 2020, the defendant met with a confidential source working with the FBI and allegedly discussed offering money in exchange for the killing of the victim. The defendant is accused of providing the confidential source with a photograph, license plate information and other materials that disclosed the house number and street address of the victim. The indictment states that the defendant and the confidential source had regular contact and frequently discussed the plan to exchange money for the killing of the victim.
In November of 2020, the defendant, the confidential source (CS-1) and a second confidential source (CS-2) met to discuss the murder-for-hire plot, according to the indictment. CS-1 introduced the defendant to CS-2 in a parking lot and the defendant sat in CS-2’s car and stated that they needed to figure out a way to communicate, possibly using burner phones. Later on, the defendant allegedly confirmed his desire to make the victim “disappear” to CS-2.
During a subsequent meeting, CS-2 and the defendant allegedly discussed and agreed upon a price of $20,000 for the murder-for-hire plot. CS-2 and the defendant placed calls to each other using the burner phones. On November 17, 2020, federal authorities announced the arrest of the defendant at his residence without incident. The victim was unharmed.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.
In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.
This case was investigated by the Cleveland Division of the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorneys Brian McDonough and Brad Beeson.
U.S. Attorney's Office Reaches Settlement Under the False Claims Act over Allegations That Defendants Collected Excess RentRead the Press Release
Mae Ava Carse Properties, LLC, PHP Property Managers, LLC, Claude E. Phillips Properties, LLC, and Deborah J. Payne (Defendants) have agreed to pay the United States $150,000 to resolve allegations that they violated the False Claims Act, 31 U.S.C. §§ 3729-3733, by knowingly and unlawfully collecting excess rent from certain tenants participating in the U.S. Department of Housing and Urban Development’s (HUD) federal Housing Choice Voucher Program, commonly referred to as “Section 8,” which is a program for assisting low-income families, the elderly and the disabled in securing decent, safe, and sanitary housing in the private market. Through this program, HUD provides funding through vouchers that are administered by local public housing agencies. HUD pays the housing subsidy, which may cover all or a portion of a tenant’s monthly rent, directly to the landlord. As a condition for receiving the housing subsidy, the landlord contractually agrees not to charge the Section 8 tenant rent in excess of the amount set by the public housing agency.
Defendants leased property to certain tenants participating in the Section 8 program. This settlement resolves allegations that from 2013 to 2018, Defendants violated the False Claims Act by knowingly requiring certain Section 8 tenants to pay rent that exceeded what was contractually allowed.
United States Attorney Matthew Schneider stated, “The Justice Department is committed to tracking down unscrupulous landlords who take advantage of low-income renters. We do this by protecting renters who benefit from the federal Housing Choice Voucher Program. We bring these cases to come to the defense of Michiganders who need affordable quality housing.”
The settlement resolves allegations contained in a lawsuit filed by a former tenant under the qui tam, or whistleblower, provisions of the False Claims Act. The whistleblower was represented by the University of Michigan Clinical Law Program. The False Claims Act permits private parties to file suit on behalf of the United States and to share in any recovery.
The matter was handled by Assistant United States Attorney John Postulka from the U.S. Attorney’s Office for the Eastern District of Michigan. The qui tam case is docketed as United States ex rel. Willis v. Mae Ava Carse Properties, LLC, et al. Case No. 19-cv-12486 (E.D. Mich.). The claims resolved by the settlement are allegations only; there has been no determination of liability.
U.S. Attorney Mike Stuart Issues Statement Regarding Fallen Hero Cassie JohnsonRead the Press Release
CHARLESTON, W.Va. -- United States Attorney Mike Stuart issued the following statement regarding Charleston Police Officer Cassie Johnson, a fallen hero who was shot and killed in the line of duty this week:
“Our heartfelt condolences and deepest sympathies go out to Officer Cassie Johnson's family, friends, the Charleston Police Department and the City of Charleston. Officer Johnson selflessly dedicated herself to protecting the residents of the City of Charleston, and her death is a tragic loss for the entire community. Officer Johnson’s service and sacrifice will not be forgotten. Together with our brothers and sisters in law enforcement, we mourn her loss. Cassie Johnson was a reflection of the best of law enforcement and the best of us. Her legacy will live on as we resolve to do all we can to support these public servants, our Guardians of Justice, who put their lives on the line every day to keep us safe.”
Follow us on Twitter: SDWVNews and USAttyStuart
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Two Unrelated Defendants Plead Guilty to Methamphetamine Trafficking on the Southern Ute Indian ReservationRead the Press Release
DURANGO – United States Attorney Jason R. Dunn announced that two unrelated individuals have pleaded guilty to methamphetamine trafficking on the Southern Ute Indian Reservation. Trisha Herrera, age 40, of Ignacio, Colorado, and Rita Clark, age 31, of Arboles, Colorado entered their guilty pleas before Magistrate Judge James Candelaria. These investigations were developed in part as a result of the Southern Ute Police Department’s hiring of a full time drug investigator. Southern Ute Police Chief Raymond Coriz joined in this announcement.
According to court documents, in March of 2020, Herrera arranged drug deals on four separate occasions with other individuals on the Southern Ute Indian Reservation. Over the course of those four deals, Herrera exchanged 38 grams of narcotics for $1,130 in cash.
In an unrelated case, court documents show that on July 17, 2020, Clark arranged a meeting with an individual on the Southern Ute Indian Reservation to exchange methamphetamine for money. Clark delivered 56.49 grams of narcotics in exchange for $1,200 in cash.
Both Herrera and Clark face up to forty years imprisonment. Herrera is scheduled to be sentenced on February 2, 2021, with Clark being scheduled to be sentenced on April 5, 2021. Both sentences will be pronounced by U.S. District Court Judge Robert E. Blackburn.
“Federal prosecutors have the important responsibility to work in tandem with our tribal partners to promote public safety on tribal land,” said U.S. Attorney Jason Dunn. “These prosecutions, and the continuing effort to combat narcotics on the Southern Ute Indian Reservation, show that endangering the community by profiting from dangerous narcotics does not pay.”
“The Southern Ute Police Department will not tolerate the continued destruction of lives caused by these unscrupulous drug dealers,” said Southern Ute Police Chief Raymond Coriz. “We will continue to aggressively investigate low to high level drug traffickers anywhere within the Boundaries of the Southern Ute Indian Reservation and beyond.”
These cases were cooperatively investigated by the Southern Ute Police Department and the Bureau of Indian Affairs – Division of Drug Enforcement. The defendants are being prosecuted by Assistant U.S. Attorney Jeff Graves.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Numbers 20-cr-234 and 20-cr-235.
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 Tampa Men Indicted for Ten Armed Robberies and A ShootingRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Jeffrey L. Davis (22, Tampa) and Tyee Spike II (18, Tampa) with participating in ten armed robberies that occurred in Tampa, Fishhawk, and Riverview between October 13 and October 19, 2020. Davis and Spike are jointly charged with nine counts of committing robbery, nine counts of using a firearm in furtherance of robbery, and one count of possessing a firearm and ammunition after being convicted of a felony. Spike is charged with an additional robbery, and with discharging his weapon during that robbery. If convicted on all counts, Davis faces a mandatory minimum penalty of 63 years, and up to life, in federal prison. Spike faces a mandatory minimum penalty of 88 years, and up to life, in federal prison.
Davis made his first appearance in federal court today. Spike is still in state custody.
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 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 and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Tampa Police Department, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Natalie Hirt Adams.
Three Men Charged with Trafficking FentanylRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, and Hartford Police Chief Jason Thody today announced that, on November 17, 2020, a federal grand jury in Hartford returned a 11-count indictment charging KYLE PITTS, also known as “Bark,” 37, of West Hartford; CURON JOHNSON, also known as “Buck,” 31, of East Hartford, and JABARI WALCOTT, also known as “Jabari Walcott-Greene,” 22, of Hartford, with narcotics distribution offenses related to the distribution of fentanyl in the Hartford area.
Pitts and Walcott appeared today via videoconference before U.S. Magistrate Judge Thomas O. Farrish and pleaded not guilty to the charges. Johnson’s arraignment has not been scheduled.
As alleged in court documents, in the summer of 2020, Hartford Police learned that Pitts and others were selling fentanyl, and that Pitts was using his West Hartford apartment to store fentanyl. Between August and October 2020, Hartford Police and the FBI’s Northern Connecticut Gang Task Force made multiple controlled purchases of fentanyl from Pitts, Johnson and Walcott.
Pitts and Johnson were arrested on federal criminal complaints on November 4, 2020. It is alleged that Pitts possessed a distribution quantity of fentanyl at the time of his arrest. Walcott was arrested on state charges on October 14, 2020. At the time of his arrest, it is alleged that he possessed distribution quantities of fentanyl and crack cocaine. The three defendants have been detained since their arrests.
The indictment charges Pitt, Johnson and Walcott each with one count of conspiracy to distribute, and to possess with intent to distribute, fentanyl. Each defendant is also charged with one or more counts of possession with intent to distribute, and distribution of, fentanyl. Pitts is charged with one count of possession with intent to distribute fentanyl, and Walcott is charged with one count of possession with intent to distribute cocaine base (“crack”).
Each charge in the indictment carries a maximum term of imprisonment of 20 years.
U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The FBI’s Northern Connecticut Gang Task Force includes members of the Hartford Police Department, East Hartford Police Department, West Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
This case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
Statement on the shooting death of Charleston Police Department’s Officer Cassie JohnsonRead the Press Release
WHEELING, WEST VIRGINIA – U.S. Attorney Bill Powell expressed sorrow and offers his heartfelt sympathy to family and friends of Officer Cassie Johnson, as well as the Charleston Police Department.
Johnson, 28, was shot during a routine response to a traffic complaint Wednesday afternoon in the city. She passed away Thursday, December 3.
“We are once again tragically reminded of the sacrifices our law enforcement officers make. Officer Johnson has made the ultimate sacrifice while serving to protect her community. I am profoundly saddened and can only offer prayers to her family at this difficult time. Nothing I can say will assuage the anguish the Johnson family and her brothers and sisters in uniform are feeling. I hope this tragedy once again reminds our citizens of the dangers our law enforcement face every day, and that we all take a moment to thank them for their continued willingness to put on their badges every day,” said Powell.
Statement from U.S. Attorney Andrew E. Lelling on the Shooting of Andre SterlingRead the Press Release
“Early this morning law enforcement officers, executing a fugitive warrant issued by this office, exchanged gunfire with suspect Andre Sterling, who was wanted for shooting a Massachusetts State Trooper last week. Two Deputy U.S. Marshals were shot and are now hospitalized. Sterling is dead.
At a time of constant, opportunistic, and absurd anti-police rhetoric, this is today's reminder of the sacrifices law enforcement officers make every day to keep us safe.”
Salamanca Man Arrested for Attempting to Have Sex with A 14 Year Old GirlRead 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 Richard Buffalo, 36, of Salamanca, NY, was arrested and charged by criminal complaint with enticement and attempted enticement of a minor and attempted transfer of obscene matter to an individual under the age of 16. The charges carry a minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.
Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the criminal complaint, in October 2020, the defendant began communicating with a minor female victim on the social media application Snapchat. Buffalo asked the minor victim if she wanted to have sex with him and offered to come pick her up. The minor victim advised the defendant that she was only 14 years old, but Buffalo persisted in his efforts to meet up with the minor victim. In November 2020, an undercover law enforcement officer, posing as the victim, began communicating with Buffalo on Snapchat and through text messaging. Believing the undercover officer to be the minor victim, the defendant asked if she wanted to have sex and requested that she send him nude images of herself. Buffalo also sent alleged nude images of himself to the undercover officer. The defendant later asked the undercover officer to meet in person, and the two agreed upon a time and place for the meeting. Buffalo arrived at the predetermined location and was taken into custody.
Buffalo made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being held pending a detention hearing on December 8, 2020.
The criminal complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Salamanca Police Department, under the direction of Chief Troy Westfall.
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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Rochester Man Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Freedom Lee, 26, of Rochester, NY, who was convicted of possession with intent to distribute a controlled substance, and possession of a firearm in furtherance of drug trafficking, was sentenced to serve 69 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Cassie M. Kocher, who handled the case, stated that at approximately 2:50 a.m. on April 22, 2019, Rochester Police Department officers conducted a traffic stop of a vehicle in the area of 1210 North Clinton Avenue in Rochester. The defendant was identified as the passenger in the vehicle. During the stop, police officers recovered from Lee approximately 54 vials of cocaine; approximately 192 yellow glassine bags containing a mixture of heroin and fentanyl; approximately 15 white glassine bags containing a mixture of heroin and fentanyl; a plastic bag containing a mixture of heroin and cocaine; five yellow glassine bags containing fentanyl; a 9mm semiautomatic pistol loaded with 18 rounds of ammunition; and $1,632 in United States currency, which represented proceeds from his drug sales.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Rochester Man Arrested, Charged with Production of Child Pornography and Enticement of A MinorRead 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 Michael Regan, 38, of Williamsville, NY, was arrested and charged by criminal complaint with production of child pornography and enticement of a minor. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on December 2, 2020, the FBI’s Child Exploitation Task Force was contacted by the Buffalo Police Department, which believed that the defendant was engaged in a sexual conversation with a 13 year-old-girl (Victim) through social media. According to the complaint, Regan, who identified himself as “Jason,” and the Victim met over Snapchat in late July and continued to chat over the next several weeks on social media. The chats were often sexual in nature with the defendant requesting that the victim send him naked photographs. In August, there was sexual contact between Regan and the Victim. At one point, the defendant claimed to be a Cheektowaga Police Officer.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was held pending a detention hearing on December 8, 2020.The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.
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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Robeson County Man Sentenced to More Than 16 Years in Federal Prison for Conspiracy to Distribute CocaineRead the Press Release
RALEIGH, N.C. – A Robeson County man was sentenced today to 195 months in prison for Conspiracy to Distribute 5 Kilograms or More of Cocaine and 280 Grams or More of Cocaine Base (Crack) and Possession of Firearms in Furtherance of a Drug Trafficking Crime.
According to court documents, Michael Anthony Locklear, 39, was charged at the conclusion of an investigation which revealed that he was a significant drug distributor in the Rowland, North Carolina area. After receiving numerous complaints from members of the community regarding suspected drug sales at Locklear’s residence, the Robeson County Sheriff’s Office conducted multiple search warrants at that location to recover cocaine, cocaine base, items used to package drugs for sale, and numerous firearms. Further investigation revealed that Locklear had been involved in dealing kilograms of cocaine and cocaine base (crack) between 2016 and August of 2019.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Robeson County Sheriff’s Office and the Federal Bureau of Investigation investigated the case and Assistant U.S. Attorney Caroline L. Webb prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:19-cr-00196-D.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Rhode Island Man Sentenced to Prison for Conspiring to Launder Funds from Email Compromise SchemeRead the Press Release
BOSTON – A Rhode Island man was sentenced today in connection with a conspiracy to launder funds derived from business email compromise (BEC) schemes, including one that targeted a Dorchester, Mass. real estate attorney.
Sayon Balogun a/k/a “Oshine,” 32, a dual citizen of the United States and Nigeria, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 42 months in prison and three years of supervised release. He was also ordered to pay $434,832 in restitution. Balogun was initially charged by criminal complaint on May 31, 2019, and arrested in Florida on June 10, 2019.
In January 2018, Balogun’s co-conspirators gained access to email accounts belonging to a Massachusetts attorney engaged in real estate closings. The co-conspirators then mimicked (spoofed) the real estate attorney’s email account and sent emails to a Massachusetts resident who was the purchaser in a legitimate real estate transaction. The spoofed emails directed the Massachusetts real estate purchaser to wire transfer $531,981 (which the purchaser believed was for a legitimate real estate transaction) to the Wells Fargo account of a California woman, who in turn sent $60,000 to an account in the name of “David Tecum,” a fraudulent identity used by one of Balogun’s co-conspirators, Oghenetchouwe Adegor Ederaine, Jr. This account, and others, were opened by Ederaine to receive fraudulent proceeds at Balogun’s direction.
Ederaine pleaded guilty to aggravated identity theft and money laundering conspiracy and was sentenced to 40 months in prison.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The United States Attorney’s Office and the FBI in the Southern District of Florida provided valuable assistance. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Securities, Financial & Cyber Fraud Unit prosecuted the case.
Regional Drug Distributor and His Assistant Sentenced to Federal Prison for Conspiring to Distribute DrugsRead the Press Release
Tampa, Florida – United States District Judge Susan C. Bucklew has sentenced Adan Barajas Maldonado (35, Mexico) to 25 years in prison for conspiring to distribute controlled substances and for possessing a gun to further his drug trafficking enterprise. Maldonado had pleaded guilty on October 30, 2019.
United States District Judge Charlene E. Honeywell has sentenced Edwar Rodriguez (32, New York), one of Maldonado’s assistants, to 11 years and 3 months in prison for his role in the same drug distribution conspiracy. Rodriguez had pleaded guilty on August 27, 2020.
According to information presented in court, Maldonado and his co-defendant, Juan Carlos Arias Castillo, who are affiliated with a Mexican drug cartel, operated a regional drug trafficking organization (DTO) based in Spring Hill, Florida. Each week, over multiple years, they distributed more than 20 kilograms of highly pure methamphetamine, as well as smaller amounts of other drugs, to their network of kilogram-level dealers. The dealers, in turn, sold the drugs to lower-level suppliers.
Maldonado and Castillo lived together and operated their DTO from a non-descript suburban home and employed several couriers/assistants, including Rodriguez, who picked up drugs in Texas, after they had been smuggled into the country from Mexico. They then drove the drugs to Florida, delivered them to Maldonado and Castillo’s biggest customers, collected payments, wired drug profits to Mexico, and recruited others to wire money as well to evade law enforcement.
On April 23, 2019, law enforcement officers surveilling Maldonado and Castillo’s residence observed them appearing to receive a drug delivery. They then executed a search warrant on the home. Inside they found, among other items, 29.5 pounds (over 13 kilograms) of liquid pure methamphetamine, 380 grams of powdered methamphetamine, 145 grams of cocaine, two guns, ammunition, a drug ledger, and evidence revealing how the drugs were smuggled over the border in car tires.
Castillo has pleaded guilty for his role in the conspiracy and is scheduled to be sentenced on December 8, 2020. Two other defendants, Christian and Victor Santiago Rondon, have pleaded guilty and are scheduled to be sentenced in January 2021. One of Maldonado and Castillo’s biggest customers, Jorge Ramirez, has pleaded guilty and is due to be sentenced in February 2021.
This case was investigated by the Drug Enforcement Administration, the Hernando County Sheriff’s Office, and the Pasco Sheriff’s Office. This case is being prosecuted by Assistant United States Attorney Michael M. Gordon.
Rapid City Man Sentenced to 12.5 Years for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man who pled guilty to Conspiracy to Distribute a Controlled Substance was sentenced on November 16, 2020, by U.S. District Court Judge Jeffrey L. Viken.
Christopher Bell, age 26, was sentenced to a total of 12.5 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
From approximately September 2019 to April 2020, Bell obtained and distributed methamphetamine in the Rapid City area.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, the Rapid City Police Department, South Dakota Division of Criminal Investigation, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Bell was immediately returned to the custody of the U.S. Marshals Service.
Raleigh Man Sentenced for Firearm OffenseRead the Press Release
NEW BERN, N.C. – A Raleigh man was sentenced today to 88 months in prison for being a felon in possession of a firearm.
According to court documents, Antoine Joseph Harris, 29, possessed two firearms on January 23, 2019, in Johnston County, North Carolina. Both firearms were loaded. Harris had multiple prior felony convictions. At the time of this offense, he was on supervised release for a 2014 federal conviction for being a felon in possession of a firearm, possessing a stolen firearm, and possession with intent to distribute a quantity of cocaine base (crack). Harris received a 72 months sentence on the new charge and a 16 months consecutive sentence in prison for the revocation of the supervised release.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The North Carolina State Highway Patrol and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case and Assistant U.S. Attorney Lucy Brown prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-CR-204.
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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.
One arrested after 2 dozen illegal aliens found in SW HoustonRead the Press Release
HOUSTON – A 36-year-old Honduran national who was illegally residing in Houston has been charged with harboring 29 individuals, announced U.S. Attorney Ryan K. Patrick.
Immigration authorities arrested Mauro Dominguez-Maldonado late Thursday, Dec. 3. He is expected to make his initial appearance Monday, Dec. 7, before U.S. Magistrate Judge Frances Stacy.
The criminal complaint, filed in federal court just moments ago, alleges Dominguez-Maldonado was in charge of watching over the aliens and performing multiple tasks in furtherance of a human smuggling operation.
According to the allegations, one of the illegal aliens had fled the Southwest Houston residence and contacted authorities. Law enforcement responded and approached the location, at which time they observed a vehicle attempting to leave, but quickly return to the house. One individual exited and allegedly went inside the residence.
Ultimately, authorities found Dominguez-Maldonado and 29 others - 28 males and one female, according to the complaint. All are allegedly from the countries of Mexico, Honduras, Guatemala, El Salvador and Cuba.
The charges further allege the residence had boarded-up windows and deadbolt locks on the inside doors.
If convicted, Dominguez-Maldonado faces up to 10 years in federal prison and a possible $250,000 maximum fine.
Immigration and Customs Enforcement’s Homeland Security Investigations and Houston Police Department conducted the investigation. Assistant U.S. Attorney Richard Bennett is prosecuting the case.
A criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
New Jersey Attorney Sentenced to 18 Years in Prison for Money Laundering as Part of Embezzlement SchemeRead the Press Release
CAMDEN, N.J. – A New Jersey attorney was sentenced today to 216 months in prison for money laundering as part of a multi-year scheme to embezzle money from his clients, U.S. Attorney Craig Carpenito announced.
Michael W. Kwasnik, 51, previously pleaded guilty before U.S. District Judge Robert B. Kugler in Camden federal court to an information charging him with money laundering. Judge Kugler imposed the sentence today by videoconference.
According to documents filed in this case and statements made in court:
Kwasnik was an attorney licensed in New Jersey and Pennsylvania who specialized in providing estate and financial planning services to his clients. He used his position as an attorney in estate planning to convince clients to open irrevocable family trusts to hold the client’s money and provide the client an opportunity to earn interest on their funds. Kwasnik advised potential clients that estate planning was necessary to protect assets from federal and state taxes. As part of the estate planning, Kwasnik established various trusts, typically irrevocable family trusts for clients with Kwasnik named as the trustee. For each trust, an Employer Identification Number (EIN) was obtained and a bank account in the name of the trust was opened at TD Bank. As trustee, Kwasnik had signature authority on the bank accounts.
The underlying scheme ran from late 2008 to November 2011. Kwasnik advised clients to transfer money and assets into the trusts for financial protection. In some cases, Kwasnik advised clients that he would remain as the trustee until the estates were settled, at which time the assets would be turned over to the appropriate beneficiaries.
Dozens of his clients turned over approximately $13.2 million to Kwasnik for safeguarding of their beneficiaries’ trusts. After the clients transferred funds into the trust bank accounts under Kwasnik’s control, Kwasnik immediately began transferring the money out of the trust accounts and into the bank accounts of entities that he controlled until the money was entirely depleted from the trust accounts, usually in just a matter of days. Kwasnik then used that money to conduct thousands of intermingled financial transactions and pay personal expenses for himself and others and for the operations of the entities he controlled.
In addition to the prison term, Judge Kugler sentenced Kwasnik to three years of supervised release and ordered him to pay $11.7 million in restitution.
U.S. Attorney Carpenito credited special agents with the FBI, under the direction of Special Agent in Charge Michael J. Driscoll, Philadelphia Division, and special agents of IRS- Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez, with the investigation leading to today’s sentencing. He also thanked Assistant U.S. Attorney Sarah Wolfe of the Eastern District of Pennsylvania for her assistance.
The government is represented by Assistant U.S. Attorney Norman Gross and Senior Trial Counsel Jason Richardson of the Camden office.
Muskogee Man Pleads Guilty to Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Joshua Townsley, age 29, of Muskogee, Oklahoma entered a guilty plea to Sexual Abuse in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1152, 2242(2) and 2246(2)(A), punishable by up to life imprisonment, a fine up to $250,000.00, or both.
The Information alleged that in or about August 2020, within the Eastern District of Oklahoma, in Indian Country, the defendant, did knowingly cause and attempt to cause the victim to engage in a sexual act when the defendant well knew, at that time the victim was incapable of appraising the nature of the conduct, physically incapable of declining participation in the aforementioned sexual act, and was physically incapable of communicating unwillingness to engage in the sexual act.
The charges arose from an investigation by the Muskogee Police Department and the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Sarah McAmis represented the United States.