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Wednesday 14 October 2020
Two Charged in Superseding IndictmentRead the Press Release
ROANOKE, Va. – A pair of Danville men, Kunta Daniels and Joe Daniels, were indicted by a federal grand jury last week and charged via a superseding indictment with a variety of drug and gun charges. Acting United States Attorney Daniel P. Bubar, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the Washington Field Division Ashan M. Benedict and Danville City Police Chief Scott Booth made the announcement today.
The grand jury has charged Kunta Daniels, 43, with one count of conspiracy to distribute methamphetamine, one count of distribution of methamphetamine, one count of possession with intent to distribute cocaine, one count of possession with intent to distribute more than 28 grams of crack cocaine, one count of possession with intent to distribute more than 100 grams of heroin one count of possession of firearms in furtherance of a drug trafficking crime, and failure to register a firearm under the National Firearms Act.
In addition, Joe Daniels, 60, is charged with one count of conspiracy to distribute methamphetamine, three counts of distribution of cocaine, and six counts of distribution of methamphetamine.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Danville City Police. Assistant United States Attorney Rachel Swartz is prosecuting the case for the United States.
Twenty-Four Defendants, Including Alleged Aryan Circle Gang Members and Associates Indicted on Racketeering, Firearms, and Drug Charges in Multiple StatesRead the Press Release
Five indictments in three different states were unsealed today indicting a total of twenty-four defendants, including alleged Aryan Circle (AC) gang members and associates, on charges of racketeering conspiracy, violent crimes in aid of racketeering, drug conspiracy, and unlawful firearms trafficking.
The indictments were announced by Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Stephen J. Cox of the Eastern District of Texas, U.S. Attorney Robert M. Duncan, Jr. of the Eastern District of Kentucky, and U.S. Attorney Mike Hurst of the Southern District of Mississippi. These indictments are part of a larger investigation into the AC, Operation Noble Virtue, that has targeted AC leadership and has resulted in seventeen federal convictions in six jurisdictions to date.
One of the indictments in the Eastern District of Texas charges six alleged AC members and associates with a racketeering conspiracy that includes acts involving murder, five alleged AC members with assault resulting in serious bodily injury in aid of racketeering, and two alleged AC members with kidnapping and conspiracy to commit kidnapping in aid of racketeering. Among those charged are alleged current and former high-ranking gang leaders including William Glenn Chunn, aka “Big Head,” 38, of Texas; Michael Martin, aka “Aryan Prodigy,” aka “AP,” 37, of Texas; Kevin Kent, aka “Big Kev,” 35, of Indiana; and Malachi David Wren, 51, of Texas. Other alleged AC members charged include Jesse Paul Blankenship, aka “JP,” 39, of Missouri; Timothy Long, aka “Timmy,” 41, of Arkansas; Jeremy Chad Dennis, aka “JD,” 43, of Texas; Becky Westbrook, 49, of Mississippi; Rodney Holt, aka “Turbo,” 48, of Texas; Bobby Dayle Boney, aka “Bear,” 50, of Texas; and Glynnwood Derrick, 46, of Texas. One additional defendant remains at large.
Another indictment in the Eastern District of Texas charges Rodney Holt, aka “Turbo”; as well as his associate who is not known to be an AC member, Eric Hoccheim, 39, of Texas, with five counts including firearms trafficking and conspiracy. Operation Noble Virtue also resulted in a third indictment in the Eastern District of Texas, which charges Jeremy Klintman, aka “Shamrock,” 37, of Texas; Eulalio Torres-Cadenas, aka “Yayo,” 43, of Mexico; Shane Louque, 45, of Louisiana; and Breanna Beckley, 39, of Texas, with conspiracy to distribute controlled substances. These defendants are not known to be afilliated with the AC.
The indictment in the Southern District of Mississippi charges William Glenn Chunn, aka “Big Head”; Aaron Matthew Rentfrow, aka “Mongo,” 40, of Indiana; Jeremy Chad Dennis, aka “JD”; and Johnathon Aaron Reynolds, 38, of Tennessee with violent crimes in aid of racketeering relating to the stabbing of an inmate at USP Yazoo. That indictment also charges Daniel Wade Holler, aka “Knucklehead,” 34, of Texas, with accessory after the fact relating to the same attack.
The indictment in the Eastern District of Kentucky charges Mitchell Leon Farkas, aka “Lifter,” 51, of Louisiana; Jonathan Tucker Gober, aka “Tucker,” 36, of Texas; James Matthew Poole, aka “Redwood,” 35, of Texas; and Andrew Dwayne Tinlin, aka “Tin,” 39, of Iowa, with violent crimes in aid of racketeering relating to the stabbing of an inmate at USP Big Sandy.
According to court documents, the AC is a violent, race‑based organization that operates inside federal prisons across the country and outside prisons in states including Texas, Arkansas, Louisiana, and Missouri. The AC was established in the mid‑1980s within the Texas state prison system (TDCJ) after a period of turmoil within the Aryan Brotherhood of Texas (ABT) resulted in rejected and ex-ABT members creating the AC. The AC was relatively small in comparison to other prison‑based gangs, but grew in stature and influence within TDCJ in the 1990s, largely through violent conflict with other gangs, white and non-white alike. In recent years, the AC’s structure and influence expanded outside of prisons to rural and suburban areas in numerous states.
Court records further indicate that the AC enforces its rules and promotes discipline among its members, prospects and associates through murder, attempted murder, assault, and threats against those who violate the rules or pose a threat to the organization. Members, and oftentimes associates, are required to follow the orders of higher-ranking members without question. The criminal acts charged in the indictments described above include shootings, stabbings, beatings, and “patch-burnings,” which are violent attacks that result in removal of a victim’s gang tattoo.
An indictment is merely an allegation. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law
This case is being investigated by an Organized Crime Drug Enforcement Task Force (OCDETF) consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; Federal Bureau of Prisons; Texas Department of Public Safety; Houston Police Department-Gang Division; Montgomery County (TX) Precinct One Constable’s Office; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Texas Department of Criminal Justice; New Jersey Department of Corrections-Special Investigations Division; Indiana State Police; Fort Smith (AR) Police Department; Arkansas Department of Corrections; Arnold (MO) Police Department; Jefferson County (MO) Sheriff’s Department; St. Louis Metropolitan Police Department; St. Louis County (MO) Police Department; Indiana Department of Corrections; Carrollton (TX) Police Department; Waller (TX) Police Department; Montgomery County (TX) Sheriff’s Office; Travis County (TX) Sheriff’s Office; Tarrant County (TX) Sheriff’s Office; Evangeline Parish (LA) Sheriff’s Office; Smith County (TX) Sheriff’s Office; McCurtain County (OK) Sheriff’s Office; Montgomery County (TX) District Attorney’s Office; Liberty County (TX) District Attorney’s Office; Harris County (TX) District Attorney’s Office; Mercer County (NJ) District Attorney’s Office; Evangeline Parish (LA) District Attorney’s Office; and the Sebastian County (AR) District Attorney’s Office.
The cases are being prosecuted by Trial Attorneys Bethany Lipman, Rebecca Dunnan, Lakeita Rox-Love, and Alexander Gottfried of the Criminal Division’s Organized Crime and Gang Section, Assistant U.S. Attorney Christopher Rapp of the Eastern District of Texas, Assistant U.S. Attorney Jeremiah Johnson of the Eastern District of Kentucky, and Special Assistant U.S. Attorney Michael FiggsGanter of the Southern District of Mississippi, with the assistance of the U.S. Attorney’s Office for the District of New Jersey, the U.S. Attorney’s Office for the Western District of Louisiana, and the U.S. Attorney’s Office for the Eastern District of Missouri.
Truck driver on his way to prison after fleeing checkpoint with 63 hidden in trailerRead the Press Release
LAREDO, Texas - A 30-year-old Zapata man has been sentenced after admitting to conspiracy to transport aliens within the country, announced U.S. Attorney Ryan K. Patrick.
Leonidas Navarro Jr. pleaded guilty June 8.
Today, U.S. District Judge Diana Saldana handed Navarro a 41-month term of imprisonment. Not a U.S. citizen, he is expected to face removal proceedings following the sentence.
On Jan. 21, Navarro drove a white Volvo tractor-trailer combination through the Border Patrol (BP) checkpoint on Interstate 35 north of Laredo. He claimed to be transporting furniture but could not provide a bill of lading or any other identifying paperwork. A K-9 soon alerted to the presence of concealed persons in the trailer. He was then referred to secondary inspection.
However, rather than complying, he drove the truck through the inspection area, off the paved road, through ground barriers and into an adjacent field. Navarro drove through the field at a high rate of speed until he ran into a fence bordering the northeast corner of the field. Navarro then fled into the brush. He jumped out of the truck and attempted to flee, but law enforcement ultimately captured him hiding at a nearby ranch.
Authorities removed the metal seal and found a total of 63 aliens including one unaccompanied minor inside the trailer. All were determined to be aliens illegally present in the United States.
He later admitted to authorities that he was the driver of the truck.
Navarro has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Custom Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of BP. Assistant U.S. Attorney Paul A. Harrison prosecuted the case.
Texas resident sentenced for importing meth and cocaine at port of entryRead the Press Release
LAREDO, Texas – A 34-year-old legal permanent resident of Port Arthur has been ordered to federal prison following his conviction of conspiracy to possess with intent to distribute a large amount of narcotics, announced U.S. Attorney Ryan K. Patrick.
Luis Jesus Hernandez Sanchez pleaded guilty March 2, admitting he knew there were narcotics in his vehicle and how he expected to be paid money for transporting them.
Today, U.S. District Judge Diana Saldana ordered Sanchez to serve a 57-month sentence. As a legal permanent resident, he could lose his status and possibly face removal proceedings following his sentence.
On Nov. 18, 2019, Sanchez attempted entry into the United States via the Juarez-Lincoln International Bridge 2 in Laredo driving a Ford Crown Victoria. He presented his lawful permanent resident alien card, but gave inconsistent information with what authorities had found regarding the vehicle’s itinerary.
He was sent to secondary inspection where a K-9 alerted to the presence of concealed narcotics. An X-ray examination also showed an anomaly in the trunk. Authorities ultimately found cocaine and meth weighing approximately 13.88 kilograms and 10.84 kilograms, respectively.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from Customs and Border Protection. Assistant U.S. Attorney Anthony J. Evans prosecuted the case.
St. Mary’s County Man Sentenced to 18 Months in Federal Prison for Stealing over $409,000 in Government BenefitsRead the Press Release
Greenbelt, Maryland – U.S. District Judge Peter J. Messitte sentenced Victor Demattia, age 64, of Mechanicsville, Maryland, yesterday to 18 months in federal prison, followed by three years of supervised release, for stealing more than $400,000 in Civil Service Retirement benefits and Social Security benefits. Judge Messitte also entered an order requiring Demattia to forfeit and to pay a money judgment in the amount of $409,421.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Gail S. Ennis, Inspector General for the Social Security Administration; and Norbert E. Vint, Deputy Inspector General Performing the Duties of the Inspector General, of the Office of Personnel Management (OPM) – Office of Inspector General (OIG).
“By not reporting his mother’s death and continuing to accept and use her retirement benefits, Victor Demattia stole more than $400,000 from the United States,” said U.S. Attorney Robert K. Hur. “Federal agents and prosecutors have a duty to pursue perpetrators of such crimes and try to recover money stolen from the United States Treasury.”
“The OPM OIG applauds the efforts of our investigators and law enforcement partners for their hard work on this case,” said Norbert E. Vint, Deputy Inspector General Performing the Duties of the Inspector General, OPM OIG. “Ensuring that tax payer funds are used for their designated purpose helps ensure the integrity of the system.”
According to Demattia’s plea agreement, from February 2009 through June 2018, Demattia stole monthly Civil Service Retirement System (CSRS) pension payments and Social Security Retirement Insurance Benefit (RIB) payments intended for his mother after her death, resulting in a loss to the United States Government of $409,421.
As detailed in Demattia’s plea agreement, at the time of his mother’s death, she was receiving CSRS pension payments from OPM and RIB payments from SSA by direct deposit to a joint account held by Demattia and his mother. When his mother died, Demattia did not notify SSA or OPM of her death, and as a result, SSA and OPM continued to make monthly deposits into the joint bank account. Demattia admitted that he withdrew the CSRS and RIB funds each month, typically by checks he endorsed, payable to himself or to his now-defunct medical transport business, Patriot Medical Transport.
On March 5, 2019, during an interview conducted by agents of the SSA Office of Inspector General and OPM Office of Inspector General, Demattia admitted that he spent his mother’s RIB and CSRS payments after her death. He stated that he knew he was not entitled to the money, but spent the fund to cover expenses for his failing business such as payroll, fuel, receivables, and other operating expenses, as well as on personal expenses through debit card purchases after the closure of his business.
In total, Demattia stole $369,018 from OPM and $40,403 from SSA after his mother’s death.
United States Attorney Robert K. Hur praised the SSA Office of Inspector General and OPM Office of Inspector General for their work in the investigation. Mr. Hur thanked Special Assistant U.S. Attorney Michael Davio, who prosecuted the case.
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St. Croix Man Pleads Guilty to Attempted Coercion and Enticement of a Minor for Illegal Sexual ActivityRead the Press Release
St. Thomas, USVI – On Wednesday, October 14, 2020, Rashead Gerard, 23, of St. Croix, Virgin Islands, pleaded guilty before U.S. Magistrate Judge George Cannon, Jr., to attempted coercion and enticement for illegal sexual activity, United States Attorney Gretchen C.F. Shappert announced.
According to the plea agreement filed with the court, on or about August12, 2019, Defendant responded to an ad posted online. A Homeland Security Investigations agent posed as the father of a female minor, who was looking for a tour guide to show her around for an hour or two. The defendant asked what the minor wanted to do and the agent replied “anything that you’re up for.” The agent told the defendant that the minor was 14 and the defendant told the agent he would pay for 30 minutes to engage in sexual activity with the minor. They agreed to meet at the Fort in Frederiksted around 5:30 p.m. The defendant was arrested when he went to the agreed-upon location and condoms and money were found in his car.
Gerard faces a maximum sentence of 20 years and a $250,000 fine. Sentencing is scheduled for February 12, 2021.
The case was investigated by Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney Rhonda Williams-Henry.
St. Croix Man Confronted in a Domestic Dispute Pleads Guilty to Firearm ChargeRead the Press Release
St. Thomas, USVI – Deshawn Gonsalves, 26, of St. Croix, pled guilty in District Court to one count of Felon in Possession of a Firearm, United States Attorney Gretchen C.F. Shappert announced.
According to court documents, on October 31, 2018, officers with the Virgin Islands Police Department responded to an apparent domestic dispute and 911 call at the Lorraine Village Apartments outside of Frederiksted. Upon their interaction with Gonsalves, he admitted that he possessed a firearm and ammunition in his vehicle. A search of the vehicle revealed a loaded Glock .45 caliber handgun, 2 additional magazines, 77 rounds of .45 caliber ammunition, and approximately 98 grams of marihuana packaged in plastic baggies and vials.
Gonsalves was previously convicted in Superior Court in 2014 of Unauthorized Possession of a Firearm.
Gonsalves faces up to 10 years in prison and a fine up to $250,000. Sentencing is set for February 12, 2021.The case was investigated by the Virgin Islands Police Department and Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Daniel H. Huston.
Southern Illinois Joins Justice Dept. Push to Charge Domestic Violence-Related Gun CrimesRead the Press Release
Fairview Heights, Ill. – In observance of Domestic Violence Awareness Month, the Department of
Justice recently announced that it has charged more than 500 domestic violence cases involving
firearms during fiscal year (FY) 2020. These charges are the result of the critical law enforcement
partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms
and Explosives, led by Acting Director Regina Lombardo, who has made domestic violence
firearms-related investigations a priority. Several of the cases cited were brought in the Southern
District of Illinois.“Keeping firearms out of the hands of dangerous criminal offenders is one of the Department of
Justice’s top priorities,” said Attorney General William P. Barr. “This is especially important
when it comes to individuals with prior domestic violence convictions. The statistics are clear
that when domestic violence offenders have access to guns, their partners and their families are at
much greater risk of falling victim to gun violence. In fact, in some communities across America,
roughly half of the homicides are related to domestic violence. The Department of Justice is
committed to keeping guns out of the hands of those who are prohibited from having them, and we
will continue investigating and prosecuting all domestic violence firearms related crimes.”“According to the CDC, data suggests that about one in six homicide victims are killed by an
intimate partner,” said ATF Acting Director Lombardo. “Nearly half of female homicide victims in
the U.S. are killed by a current or former male intimate partner. ATF is committed to aggressively
pursuing prohibited possession of firearms due to domestic violence convictions and certain
protective orders. It is another way we prevent violent gun crime within our communities.”Included in the national numbers were several cases prosecuted in the Southern District of Illinois
where the offenders possessed a gun after sustaining at least one domestic violence conviction.
Under federal law, individuals with domestic violence misdemeanor and felony convictions, as well
as individuals subject to domestic violence protective orders, are prohibited from possessing
firearms. The data shows that offenders with domestic violence in their past pose a higher risk of
homicide. In fact, domestic violence abusers with a gun in the home are five times more likely to
kill their partners.“Domestic violence destroys households and damages children,” U.S. Attorney Steven D.
Weinhoeft said. “Most domestic violence cases must be handled on the state level, but in somesituations, the federal firearms laws allow us to step in and end the cycle of violence through
federal criminal prosecution. And so we work closely with our state and local partners to identify
and prioritize these important cases.”Weinhoeft emphasized, “Domestic abusers should be prosecuted to the fullest extent of the law,
especially when they illegally possess firearms.”For FY2020, prosecutors in the Southern District of Illinois charged 12 defendants with gun crimes
involving a direct nexus to domestic violence. In some of those cases, the offender was charged for
possessing a firearm after previously being convicted of a misdemeanor domestic violence crime. In
others, the offender was charged in federal court as a felon in possession of firearm because the
offender had a history of domestic violence.The U.S. Attorney’s Office also prosecutes violent crime cases where guns were used during a
domestic assault. Last week, for instance, Johnnie Taylor, 40, of East St. Louis, Illinois, was
sentenced to 78 months in federal prison for being a felon in possession of a firearm while
assaulting his girlfriend on the Stan Musial Veterans Memorial Bridge. In that case, police
responded to 911 calls in the early hours of March 28, 2019. Callers saw a woman being beaten and
feared that she would be thrown off the bridge. Police arrived and noticed the victim was missing
clumps of her hair and appeared to be in distress. A 9mm handgun was recovered next to Taylor in
the driver’s side door, along with a spent shell casing found on the floorboard. Taylor was charged
and eventually pled guilty to being a felon in possession of a firearm.For more information on domestic violence or to get help, visit the National Domestic
Violence Hotline website or call 1-800-799-SAFE (7233).Southern District of Ohio charges 205 defendants with firearms-related crimes in FY20Read the Press Release
COLUMBUS, Ohio – Today, U.S. Attorney David M. DeVillers announced that the U.S. Attorney’s Office for the Southern District of Ohio filed charges against more than 200 new defendants with firearms-related crimes in Fiscal Year 2020. The district also prosecuted* 23 defendants for murder during this timeframe, with the vast majority involving firearms.
The number of firearms matters received by the office, as well as the number of defendants charged, increased by approximately 26 percent compared to the district’s past four-year average.
The cases are a result of the partnership between federal and local law enforcement in Cincinnati, Columbus and Dayton. In Fiscal Year 2020, city and county prosecuting attorneys have dedicated more manpower to taking firearms cases federally by assigning Special Assistant United States Attorneys from their offices.
The following local offices have dedicated Special Assistant United States Attorneys to prosecute federal firearms offenses:
- Franklin County Prosecutor Ron O’Brien (three SAUSAs)
- Columbus City Attorney Zach Klein (two SAUSAs)
- Cincinnati Mayor John Cranley (one full-time SAUSA)
- Hamilton County Prosecutor Joe Deters (one full-time SAUSA)
Under federal law, it is illegal to possess a firearm if you fall into one of nine prohibited categories, including being a felon, convicted of a misdemeanor domestic violence offense or under a court authorized restraining order. These crimes can be punished by up to 10 years in federal prison.
Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime. Defendants convicted of these crimes face a mandatory minimum of five years and up to life in prison.
Individuals with domestic violence misdemeanor and felony convictions, as well as individuals subject to domestic violence protective orders, are prohibited from possessing firearms. The data shows that offenders with domestic violence in their past pose a high risk of homicide. In fact, domestic violence abusers with a gun in the home are five times more likely to kill their partners.
“If you’re prohibited from possessing a gun and you get caught with a firearm in this district, you’re going to federal prison,” the U.S. Attorney said. “You’re going to prison for years, not months. You’re not getting probation and you are going out of the state to a Bureau of Prisons facility.”
In Columbus, DeVillers announced today that he designated two parts of the city as “hot zones” and committed to increasing the number of federal prosecutions for gun offenses committed in the Hilltop and Linden neighborhoods of Columbus.
DeVillers announced federal charges against 16 defendants at the end of September in Cincinnati as part of a Cincinnati gun violence initiative with ATF, Cincinnati Police and the Hamilton County Sheriff.
In August, a Huber Heights man was sentenced in federal court in Dayton to the statutory maximum 10 years in prison for illegally possessing a firearm as a convicted felon.
“This office has a long history of prosecuting the worst of the worst when it comes to homicide cases, the vast majority of which involve cold case murders committed by repeat violent offenders who have threatened, intimidated and even killed witnesses,” DeVillers said. “Holding these criminals accountable can only be done with the help and cooperation of our county and city prosecutors and local law enforcement.”
The Dayton office charged three men in November 2019 in the murder of Dayton Police Detective and DEA Task Force Officer Jorge DelRio.
The Columbus Office prosecuted defendants for murder in the Trevitt and Atcheson crips gang case that involves five murders charged, including the murder of a seven-year-old bystander. Also in Columbus, Antwan Hutchinson was sentenced to life in prison for murdering two potential witnesses. Additionally, six MS-13 defendants were prosecuted in Fiscal Year 2020 for murder involving a firearm.
The Cincinnati office indicted its first-ever federal murder case in July 2020.
DeVillers added, “2020 has brought historic levels of gun violence to our cities. The year has also brought unique challenges to police and prosecutors who combat this violence. It is vital that we work together and with the community to target the extremely small population of violent offenders who create such a huge and horrific impact on our communities.”
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*Prosecuted includes case proceedings such as indictments, pleas and sentencings that occurred during FY 2020
South Yarmouth Man Sentenced for Fentanyl PossessionRead the Press Release
BOSTON – A South Yarmouth man was sentenced today for possession with intent to distribute fentanyl and crack cocaine.
Roosevelt Wilkins, 34, was sentenced by U.S. District Court Judge Richard G. Stearns to five years in prison and four years of supervised release. Wilkins pleaded guilty in June 2020 to one count of possession with intent to distribute 40 grams or more of fentanyl and one count of possession with intent to distribute fentanyl and cocaine.
On April 1, 2019, Wilkins fled a traffic stop in Brockton on foot, and was seen tossing a plastic bag under a parked car. Police recovered the bag, which contained 16 smaller bags of various sizes, containing over 70 grams of fentanyl. A search of the defendant’s cell phones resulted in the discovery of text messages related to drug distribution, including messages indicating that he was on his way to a meeting to sell drugs to another individual when police stopped his car.
On Oct. 18, 2019, when law enforcement arrested Wilkins on a federal warrant relating to the April 1 incident, Wilkins was concealing over 30 grams of fentanyl and an additional quantity of cocaine in plastic packaging inside his shoe.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. The Stoughton Police Department also provided valuable assistance.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
South Bay Man Agrees to Plead Guilty to Lying About Membership in White Supremacist Groups to Obtain Employment, Security ClearanceRead the Press Release
LOS ANGELES – A former member of two white supremacist organizations has agreed to plead guilty to a felony charge that he failed to disclose his past membership in two hate groups in order to obtain a security clearance and employment at a defense contractor.
Decker Hayes Ramsay, 23, of Rolling Hills, agreed to plead guilty to a single-count information charging him with making false statements. Ramsay’s plea agreement was filed today in United States District Court.
According to his plea agreement, in April 2018, Ramsay knowingly and willfully made a materially false statement on an Electronic Questionnaire for Investigations Processing (e-QIP), which is used by the United States Office of Personnel Management’s National Background Investigations Bureau as part of its background investigation of prospective federal employees and contractors. Ramsay submitted an e-QIP as part of his application for employment at a defense contractor, named in court documents as Company 1, a job that required him to obtain a national security clearance.
As part of the background investigation, applicants for security clearances were required to certify that “I understand that a knowing and willful false statement on this form can be punished by fine or imprisonment or both,” the plea agreement states.
Ramsay admitted that he falsely represented on his e-QIP that he had never been a member of an organization that advocates or practices commission of acts of force or violence to discourage others from exercising their constitutional rights.
In reality, Ramsay previously belonged to Vanguard America, a white supremacist group that opposes multiculturalism and believes that the United States should be an exclusively white nation. He also belonged to Aryan Underground, a white supremacist group established in 2017 that upheld Nazi ideology.
Ramsay admitted that he lied on the form in order to obtain employment at Company 1. His false statement was material because, as a result of it, Ramsay obtained a security clearance that he might have otherwise not received had he been truthful about his white supremacist ties.
Ramsay is expected to make his initial court appearance in the coming weeks. Upon entering his guilty plea, he will face a statutory maximum sentence of five years in federal prison.
The FBI’s Joint Terrorism Task Force investigated this matter.
This case is being prosecuted by Assistant United States Attorney Reema M. El-Amamy of the Terrorism and Export Crimes Section.
Sinaloa Cartel Drug Trafficker and Money Launderer Sentenced to More than 13 Years in PrisonRead the Press Release
Assistant U. S. Attorney Larry Casper (619) 546-6734
NEWS RELEASE SUMMARY –October 14, 2020
SAN DIEGO – Oscar Rodriguez-Guevara of Tijuana, Mexico was sentenced today to 162 months in prison for smuggling multi-kilogram quantities of cocaine and methamphetamine into the United States from Mexico and then laundering the illicit proceeds, all for the Sinaloa Cartel. U.S. District Judge Roger T. Benitez also imposed a $50,000 fine.
Rodriguez, known as “El Guero Chihuahua” in the Mexican press, managed an extensive transportation network for the cartel that smuggled cocaine, methamphetamine and other drugs from Mexico, northbound through Southern California ports of entry in vehicles with hidden compartments. In turn, he received the proceeds from cartel drug sales at an exchange house in Tijuana, Mexico. He smuggled the cash back through the border, southbound into Mexico.
Rodriguez was extradited from Mexico to San Diego in April 2019. In his plea agreement, Rodriguez admitted to coordinating the movement of drug proceeds to Mexico and supervising, for the extensive trafficking network, the laundering of these proceeds. Rodriguez coordinated the movement of the cocaine and methamphetamine to the United States and worked closely with Omar Ayon-Diaz, who was previously sentenced in this case, to receive the drug proceeds at “Tanga,” a Tijuana exchange house owned by Ayon Diaz. Rodriguez admitted that these proceeds were also intended to promote the continued importation and trafficking of drugs into the United States.
According to his plea agreement, Rodriguez admitted that he arranged the smuggling of 100 or more kilograms of cocaine as well as methamphetamine into the United States during an 11-month period. Through the wiretap investigation leading to this prosecution, federal agents intercepted Rodriguez’s conversations as he communicated about the smuggling of a load of drugs and firearms from the interior of Mexico to an area of Tijuana near the United States-Mexico border. On another occasion, agents intercepted communications that led to a search warrant at a stash location in San Diego at which more than 27 kilograms of cocaine were seized. On that occasion, Rodriguez messaged an associate explaining that “[t]hey hit my office…the one inside” (meaning in the United States).
“These drugs are destroying lives through addiction and violence,” said U.S. Attorney Robert Brewer. “It is no small victory to bring justice to drug traffickers – particularly those who act on behalf of one of the world’s most violent and prolific drug cartels.” Brewer thanked prosecutor Larry Casper and agents from Homeland Security Investigations for their excellent work on this case.
In addition to Rodriguez-Guevara and the defendants in this case, approximately twenty other individuals have entered guilty pleas and been sentenced previously in related cases. Those cases have involved individuals based in the United States or who frequently crossed into the United States and served as money couriers, drug couriers and drug stash house operators and who were part of, or related to, the same money laundering and drug trafficking organization.
Five other defendants have previously entered guilty pleas in this case and been sentenced (Omar Ayon-Diaz; Osvaldo Contreras-Arriaga; Joel Acedo-Ojeda; Cesar Hernandez-Martinez and Gibran Rodriguez-Mejia). Another defendant, Bianca Acedo-Ojeda, was also extradited from Mexico to face the same international money laundering conspiracy charges and is presently pending trial.
The U.S. Attorney’s Office is working this matter together with the Money Laundering and Asset Recovery Section of the Criminal Division of the Department of Justice in Washington, D.C.
DEFENDANT Case Number 15-cr-950
Oscar Rodriguez-Guevara Age: 41 Tijuana, Mexico
SUMMARY OF CHARGES
Conspiracy to Commit International Money Laundering, in violation of Title 18, U.S.C., Sec. 1956(a)(2)(B)(i) and (h).
Maximum Penalties: Twenty years in prison; $500,000 fine or twice the value of the funds involved.
SUMMARY OF CHARGES/SENTENCES FOR OTHER DEFENDANTS
Prior Guilty Pleas and Sentences
Cesar Hernandez-Martinez: Pleaded guilty to Conspiracy to Commit International Money Laundering, in violation of Title 18, U.S.C., Sec. 1956(a)(2)(B)(i); sentenced to 137 months custody and $250 fine.
Gibran Rodriguez-Mejia: Pleaded guilty to Conspiracy to Commit International Money Laundering, in violation of Title 18, U.S.C., Sec. 1956(a)(2)(B)(i) and (h); sentenced to 96 months in custody and $500 fine.
Joel Acedo-Ojeda: Pleaded guilty to Conspiracy to Commit International Money Laundering, in violation of Title 18, U.S.C., Sec. 1956(a)(2)(B)(i) and (h); sentenced to 135 months custody and $20,000 fine.
Omar Ayon-Diaz: Pleaded guilty to Conspiracy to Commit International Money Laundering, in violation of Title 18, U.S.C., Sec. 1956(a)(2)(B)(i) and (h); sentenced to 120 months custody and $15,000 fine.
Osvaldo Contreras-Arriaga: Pleaded guilty to Conspiracy to import cocaine, in violation of Title 21, U.S.C., Secs. 952, 960 and 963; sentenced to 132 months custody and $1,000 fine.
INVESTIGATING AGENCY
Homeland Security Investigations
Seattle man sentenced to four years in prison for illegal possession of a dozen firearmsRead the Press Release
Seattle - A two-time federal felon was sentenced to four years in prison today for illegally possessing firearms, announced U.S. Attorney Brian T. Moran. PARK QUAN, 67, was arrested July 29, 2019, after FBI agents investigating one of his roommates in connection with a data theft served a search warrant on his home and discovered a cache of weapons. QUAN has remained in custody since his arrest and pleaded guilty to being a felon in possession of a firearm in June 2020. In imposing the four-year sentence, U.S. District Judge John C. Coughenour said he was taking into account QUAN’s age and health challenges diagnosed while he has been in the care of the Bureau of Prisons.
According to records filed in the case, agents investigating the data theft were sweeping the residence for safety when they observed numerous firearms in a bedroom used by QUAN. Agents applied for and got a second search warrant and began collecting the firearms. The cache of weapons included four semi-automatic handguns, six semi-automatic rifles, two of them assault rifles, and two additional rifles. At least one of the semi-automatic rifles was loaded. Law enforcement also seized a variety of ammunition, high-capacity magazines, flare launchers, some containers of explosive powder, and two bump stocks, which QUAN claimed to have purchased before the devices were outlawed.
QUAN has a 1983 federal conviction in Washington for being a felon in possession of explosives and a 1991 federal conviction in Texas for possessing an unregistered machine gun. QUAN also has a military court-martial conviction for soliciting the theft of military weapons. Due to those convictions, QUAN is prohibited from possessing firearms.
The case is being investigated by the FBI with assistance from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). The case was prosecuted by Assistant United States Attorneys Steven Masada and Andrew Friedman.
quan_sentencing_memo.pdfScreven County man indicted for distribution of child pornographyRead the Press Release
STATESBORO, GA: A Screven County man faces up to 20 years in federal prison after his indictment on federal charges for distributing child pornography.
Daniel Boulineau, 34, of Sylvania, Ga., was indicted by a U.S. District Court Grand Jury on three counts of Distribution of Child Pornography, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. The charges carry a penalty of up to 20 years in prison, followed by a period of supervised release.
There is no parole in the federal system.
“Child pornography is a horrific crime that repeatedly harms the victims as the images are shared again and again through predator networks,” said U.S. Attorney Christine. “As our vigilant law enforcement partners detect and identify those engaged in this despicable activity, our office will prosecute those predators to the fullest extent possible.”
As outlined in court documents and testimony, in early August 2020, Boulineau is alleged to have electronically distributed images and videos of a minor engaging in sexually explicit conduct. An investigation by the FBI and the Child Exploitation Task Force into online activity led to Boulineau’s arrest on Sept. 1.
“Child sexual abuse is reprehensible. To then publicly distribute images of that child being abused is even more depraved and further traumatizes the child,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “This indictment is evidence of the FBI’s determination to find those that prey on children in our community and bring them to justice.”
Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty.
The case is being prosecuted for the United States by Assistant U.S. Attorney and Project Safe Childhood Coordinator Tara M. Lyons.
Roxbury Man Indicted for Being a Felon in PossessionRead the Press Release
BOSTON – A Roxbury man, who was previously convicted of cocaine distribution, was indicted today for being a felon in possession of a firearm and ammunition.
Daiquan Lucas, 28, was indicted by a federal grand jury on one count of being a felon in possession of a firearm and ammunition. Lucas is currently detained on a supervised release violation and will be arraigned in federal court in Boston at a later date.
According to the criminal complaint, on June 18, 2020, Lucas possessed a Bryco Arms model 38, .32 auto caliber semiautomatic pistol, loaded with 4 rounds of .32 caliber ammunition. In 2017, Lucas was convicted in federal court of distribution of cocaine base and was sentenced to one year and one day in prison. Lucas was on federal supervised release at the time of this offense.
The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today. The case is being prosecuted in Lelling’s Organized Crime and Gang Unit.
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.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Redding Man Charged with Serial Arson in the Shasta-Trinity National ForestRead the Press Release
SACRAMENTO, Calif. — Eric Michael Smith, 38, of Redding, has been charged with setting fire to lands owned by the United States, U.S. Attorney McGregor W. Scott announced.
According to court documents, between June 23, and July 29, 2020, Smith allegedly set four wildland fires on the Shasta-Trinity National Forest within Shasta County. He is alleged to have used a virtually untraceable cigarette lighter or pen torch to light the fires. One of these fires started near Turntable Bay and required the temporary closure of lanes on Interstate 5 while firefighters suppressed the blaze. Two other fires started along Gilman Road, in the general area where the devastating Hirz Fire began during the summer of 2018. A fourth fire was started in the area of Jones Valley.
“This investigation exemplifies the dedication of the men and women in the United States Department of Agriculture, Forest Service Law Enforcement and Investigations to the mission of protecting our public lands,” said Don Hoang, Special Agent in Charge, Forest Service Law Enforcement and Investigations, Pacific Southwest Region. “With the apprehension of this arsonist who was responsible for setting multiple fires, our officers protected our national forests from critical environmental and wildlife habitat loss, reducing the danger to our local communities, including firefighters on the frontline, especially in a year dominated by large wildfires during a pandemic. This showcases our office’s priority of bringing to justice those who wish harm to our communities and our public lands.”
This case is the product of an investigation by the U.S. Forest Service and the California Department of Forestry and Fire Protection with support from the Shasta County Sheriff’s Office. Assistant U.S. Attorney Samuel Stefanki is prosecuting the case.
If convicted, Smith faces a maximum statutory penalty of five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Previously Convicted Felon Pleads Guilty to Possession of FirearmsRead the Press Release
RICHMOND, Va. – A Petersburg man pleaded guilty today to possession of firearms as a convicted felon.
According to court documents, Markes Jackson, 31, was arrested after he was observed by law enforcement driving erratically on the roadway in Colonial Heights in December 2019. A sergeant observed the vehicle that Jackson was driving straddling the centerline, and as Jackson continued to drive, the sergeant observed Jackson cross over the centerline three times.
After Jackson was stopped, officers approached the vehicle and smelled alcohol and marijuana. An officer observed the barrel of a rifle sticking out from underneath a blanket on the back floorboard. Jackson was found to be in possession of a pill bottle with no label, which had 32 Alprazolam pills wrapped inside a plastic baggie. A 9mm round of ammunition was also recovered from Jackson’s pocket. A search of the vehicle resulted in the recovery of a Taurus 9mm firearm from underneath the driver’s seat. This weapon had 8 rounds in the magazine and a round in the chamber.
In addition, Jackson acknowledged in the statement of facts filed with the Court that he also possessed the Bushmaster rifle that was on the back floorboard. This firearm was a high capacity weapon equipped with a 45-round magazine, with 25 rounds of ammunition in the magazine and one round in the chamber. The Taurus 9mm firearm had been acquired by Jackson in November 2019. More than one-half ounce of marijuana and Eutylone, a Schedule I controlled substance, were also recovered from the Toyota.
In pleading guilty, Jackson faces a maximum penalty of 10 years in prison when he is sentenced on February 12, 2021. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
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; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; and Colonel Jeffrey W. Faries, Chief of Colonial Heights Police, made the announcement after Senior U.S. District Judge Henry E. Hudson accepted the plea.
Assistant U.S. Attorney Angela Mastandrea-Miller is prosecuting 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. 3:20-cr-87.
Passaic County Man Sentenced to Five Years in Prison for Role in Business Email Compromise SchemeRead the Press Release
TRENTON, N.J. – A Passaic County, New Jersey, man was sentenced today to 60 months in prison for his role in a business email compromise (BEC) scheme in which he and others opened bank accounts to function as conduits for stolen funds, U.S. Attorney Craig Carpenito announced.
Lawrence Espaillat, 42, of Clifton, New Jersey, previously pleaded guilty before U.S. District Judge Peter G. Sheridan in Trenton federal court to an information charging him with one count of conspiracy to commit wire fraud. Judge Sheridan imposed the sentence today in Trenton federal court.
According to documents filed in this and other cases and statements made in court:
From March 2017 to June 2018, Espaillat, conspirators Corry Pringley and Amanda Suazo, and others, participated in a scheme to steal more than $1 million dollars from individual and corporate victims. The scheme involved recruiting “mules” – including Espaillat, before he rose to the level of recruiter – Suazo and Pringley, to provide their personal identifying information. This information was used to incorporate sham businesses with the N.J. Department of the Treasury under the mules’ names. The mules eventually opened bank accounts in the names of the sham corporations.
A related cyberattack aspect of the scheme involved creating email addresses mimicking – but differing slightly from – legitimate email addresses of supervisory employees at various companies, vendors that did business with those victim companies, mortgage lenders that dealt with individuals in connection with real estate purchases, and brokerage firms and accountants who provided financial services. The conspirators used these deceptive email addresses to send emails that appeared to be requests for payment of legitimate invoices or debts owed by the victims. The victims were deceived into transferring funds by wire into the bogus bank accounts opened by the money mules and controlled by the conspirators. After the victims complied with the fraudulent wiring instructions, Espaillat, Suazo and Pringley, under the direction of other conspirators, quickly debited thousands of dollars from the accounts through in-person and ATM withdrawals and debit card purchases. They also transferred the funds to foreign bank accounts they controlled. Espaillat, Suazo and Pringley kept a fraction of the proceeds as payment.
For example, over a three-day period in April 2018, a corporate victim in Texas deposited $3.8 million dollars in a bank account opened by Pringley and controlled by Espaillat, Pringley and Suazo, who withdrew or transferred more than $1 million from the account.
In addition to the prison term, Judge Sheridan sentenced Espaillat to three years of supervised release, ordered him to pay restitution of $1.7 million and forfeit $12,000.
Suazo and Pringley pleaded guilty on Jan. 17, 2019, and Feb. 14, 2019, respectively, to separate informations charging each with one count of conspiracy to commit wire fraud. Today, Pringley was sentenced by Judge Sheridan to one year and one day in prison, three years of supervised release, restitution of $1.28 million and forfeiture of $8,000. Suazo is awaiting sentencing.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, and special agents of the U.S. Secret Service, under the direction of Special Agent in Charge Mark McKevitt, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Eric A. Boden of the U.S. Attorney’s Trenton office.
Operation Legend: Update on Federal ChargesRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin and Attorney General William P. Barr announced updates on Operation Legend, a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.
Launched first in Kansas City, MO., on July 8, 2020, the operation was expanded to Chicago and Albuquerque on July 22, 2020, to Cleveland, Detroit, and Milwaukee on July 29, 2020, to St. Louis and Memphis on August 6, 2020, and to Indianapolis on August 14, 2020.
Since Operation Legend’s launch in July 2020, more than 5,000 arrests – including approximately 247 for homicide – have been made; more than 2,000 firearms have been seized; and nearly 22 kilos of heroin, more than 15 kilos of fentanyl (enough to deliver more than 7.5 million fatal doses), more than 130 kilos of methamphetamine, more than 28 kilos of cocaine, and more than $7.3 million seized in drug proceeds.
Of the more than 5,000 individuals arrested, approximately 1,057 have been charged with federal offenses. Approximately 568 of those defendants have been charged with firearms offenses, while approximately 411 have been charged with drug-related crimes. The remaining defendants have been charged with various offenses.
The Attorney General launched the operation as a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime.
Breakdown of Operation Legend charges:
Milwaukee, WI.
54 defendants have been charged with federal crimes outlined below.
- 25 defendants have been charged with narcotics-related offenses;
- 25 defendants have been charged with firearms-related offenses; and
- 4 defendant has been charged with other violent crimes
Kansas City, MO.
136 defendants have been charged with federal crimes outlined below.
- 49 defendants have been charged with narcotics-related offenses;
- 76 defendants have been charged with firearms-related offenses; and
- 11 defendants have been charged with other violent crimes.
Chicago, Ill.
176 defendants have been charged with federal crimes outlined below.
- 40 defendants have been charged with narcotics-related offenses;
- 130 defendants have been charged with firearms-related offenses; and
- 6 defendants have been charged with other violent crimes.
Albuquerque, NM.
113 defendants have been charged with federal crimes outlined below.
- 47 defendants have been charged with narcotics-related offenses;
- 56 defendants have been charged with firearms-related offenses; and
- 10 defendants have been charged with other violent crimes.
Cleveland, OH.
94 defendants have been charged with federal crimes outlined below.
- 54 defendants have been charged with narcotics-related offenses;
- 36 defendants have been charged with firearms-related offenses; and
- 4 defendants have been charged with other violent crimes.
Detroit, MI.
96 defendants have been charged with federal offenses outlined below.
- 31 defendants have been charged with narcotics-related offenses;
- 62 defendants have been charged with firearms-related offenses; and
- 3 defendants have been charged with other violent crimes.
St. Louis, MO.
274 defendants have been charged with federal crimes.
- 125 defendants have been charged with narcotics-related offenses;
- 125 defendants have been charged with firearms-related offenses; and
- 24 defendants have been charged with other violent crimes.
Memphis, Tenn.
51 defendants have been charged with federal offenses.
- 30 defendants have been charged with narcotics-related offenses;
- 14 defendants have been charged with firearms-related offenses; and
- 7 defendants have been charged with other violent crimes.
Indianapolis, Indiana
63 defendants have been charged with federal crimes outlined below.
- 10 defendants have been charged with narcotics-related offenses;
- 44 defendants have been charged with firearms-related offenses; and
- 9 defendants have been charged with other violent crimes.
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.
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Omaha Man Sentenced to 66 Months for Transporting Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Jack Lee, 38, of Omaha, Nebraska, was sentenced today in federal court in Omaha for transporting child pornography. United States District Judge Brian C. Buescher sentenced Lee to 66 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Lee will serve an eight-year term of supervised release and will be required to register as a sex offender.
In December 2018, agents with Homeland Security Investigations (“HSI”) in Ottawa, Canada sent information to HSI agents in Omaha regarding a Kik user who had uploaded an image of child pornography on the Kik application in November 2018. HSI agents began investigating the report, and in May 2019, executed a search warrant at Lee’s residence. During an interview with agents, Lee admitted to viewing child pornography on his cell phone. Agents seized and forensically examined Lee’s cell phone and observed at least 75 images and 43 videos of children ranging in age from 5 to 16 years old engaged in sexual acts, as well as approximately 726 images depicting naked children who were not engaged in sexual acts.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by Homeland Security Investigations.
Omaha Gang Member Sentenced for Distributing Drugs and Possessing FirearmsRead the Press Release
United States Attorney Joe Kelly announced that on October 7, 2020, Kuiny Gach, 21, a known Trip Set gang member, was sentenced by United States District Judge Robert F. Rossiter, Jr. to 120 months in the custody of the United States Bureau of Prisons after pleading guilty to a four-count indictment charging distribution of marijuana and possession of firearms during a drug trafficking offense. He will also serve 3 years of supervised release following his release from prison. There is no parole in the federal prison system.
On October 16, 2018 and October 29, 2018, Gach sold more than 90 grams of marijuana and various firearms (handguns, a rifle and a shotgun) to a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Confidential Informant. One of the firearms was previously reported as stolen and another had a defaced serial number.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Omaha Police Department as part of Project Safe Neighborhood. Project Safe Neighborhood is a national initiative of the Department of Justice that was announced in 2001 to reduce and prevent violent crime and make the nation’s neighborhoods safer. Gach’s arrest was also part of Operation South Sudan Soldiers, which targeted members of the Trip Set and African Pride street gangs. This operation yielded the arrest and indictment of more than 15 individuals and the recovery of 41 firearms, 10 of which were stolen.
Okmulgee Man Sentenced to 84 Months for Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kenneth Roy Nester, age 26, of Okmulgee, Oklahoma was sentenced to 84 months’ imprisonment, and 3 years of supervised release for Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).
The charges arose from an investigation by the Okmulgee Police Department and the Federal Bureau of Investigation as part of the Project Safe Neighborhoods (“PSN”) effort in the Eastern District of Oklahoma to reduce violent crime. PSN is an initiative led and coordinated by the United States Attorney’s Office.
The Indictment alleged that on or about December 30, 2019, in the Eastern District of Oklahoma, the defendant knowingly and intentionally possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
United States Attorney Brian J. Kuester said, “Reduction of violent crime is a Department of Justice priority. Project Safe Neighborhoods brings state, local, tribal, and federal law enforcement agencies together to combat violent crime. By working together we maximize our impact on the communities we serve.”
“At its core, Project Safe Neighborhoods is about identifying the most pressing violent crime problems in our communities,” said FBI Special Agent in Charge Melissa Godbold. “We hope this significant sentence demonstrates our commitment to the community that we will continue to work with our law enforcement partners to push dangerous drugs off our streets.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Special Assistant United States Attorney David Youll represented the United States.
New York City Man Pleads Guilty to Bank Fraud and Aggravated Identity TheftRead the Press Release
SYRACUSE, NEW YORK – Jason Safford, 45, of Queens, New York, pled guilty today in federal court in Utica to bank fraud, attempted wire fraud, and aggravated identity theft, announced 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).
As part of his guilty plea, Safford admitted that he applied for a mortgage refinance loan in October 2016 on behalf of Safflyn Green Industries, Inc., a company in which Safford had an ownership interest. In support of that loan application, Safford submitted false bank statements, false deposit verification documentation, and a false appraisal for the property at issue, which is located at 350 Galina Lane in Mohawk, New York, and is commonly referred to as the “Gelston Estate.” RS Lending, a financial institution then operation in San Francisco, approved the loan application and funded it for more than $1.3 million in December 2016. The loan is now in default status, and nearly $1.2 million remains outstanding.
Safford also admitted in his guilty plea that in 2018 he applied for a $2 million mortgage refinance loan for the Gelston Estate. Once again, Safford created and submitted false bank statements and a falsified appraisal in support of this loan application. When questioned about the appraisal by the brokerage firm processing the application, Safford obtained a letter from a licensed appraiser confirming that the appraiser had appraised property located at 980 Robinson Road in Mohawk, New York—which is next to the Gelston Estate—for $325,000 on September 16, 2014. Safford modified and forged this letter to say, falsely, that the appraiser had appraised the property located at 350 Galina Lane on January 31, 2018, for $2,448,500.00, and Safford sent the falsified letter to the brokerage firm, along with modified and falsified copies of the appraiser’s license and professional liability coverage information. This loan was never funded.
Finally, Safford admitted that he assisted in obtaining investments from multiple investors to develop the Gelston Estate and 980 Robinson Road properties and that the investors’ money was not all used to develop the properties. As part of his guilty plea, Safford agreed to pay restitution to four individual investors in the total amount of $146,426.57, in addition to agreeing to pay restitution in the amount of $1,175,869.40 to the company who purchased RS Lending when it went out of business.
Sentencing is scheduled for February 23, 2021 before United States District Judge David N. Hurd, who presides over the case. Safford faces a mandatory minimum sentence of 2 years in prison, and a potential maximum sentence of 30 years. Safford also faces up to 5 years of supervised release and fines totaling up to $1.25 million. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the Federal Bureau of Investigation (FBI), and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
More Than $2 Million in DOJ Funds Awarded to Advance Forensic Science in NebraskaRead the Press Release
U.S. Attorney Joe Kelly announced today $2,008,282 in Department of Justice grants to Nebraska to fund crime laboratories, decrease DNA backlogs, support basic and applied forensic research, and help law enforcement identify missing persons. The grants, awarded by the Department’s Office of Justice Programs (OJP), are part of $192 million in funding to advance forensic science nationwide.
“Developments in forensic science have given investigators an extraordinary array of tools that can be enlisted to solve crimes and bring answers to victims and survivors, often after many years and even decades,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These investments in crime-fighting technology, from DNA analysis to drug toxicology to forensic anthropology, will help identify and convict perpetrators, ensure justice for innocent victims and keep communities safe by deterring future criminal activity.”
“Several Nebraska agencies are benefitting from these grants designed to enhance our forensic capabilities,” said U.S. Attorney Kelly. “These awards will make available tools to enhance technology and research that will greatly assist the criminal justice system to do its job in protecting the community – especially sexual assault and cold case crimes.”
Since 2004, the Office of Justice Programs has received an annual appropriation for DNA and other forensic science activities. The funding, administered through OJP’s Bureau of Justice Assistance and National Institute of Justice, supports DNA analysis, laboratory capacity enhancement and forensic science research that provides knowledge and tools to improve the quality and practice of forensic science.
The following organizations received funding in the following program areas:
- State of Nebraska - $531,186 DNA Capacity Enhancement and Backlog Reduction Program;
- Nebraska State Patrol - $264,698 Paul Coverdell Forensic Science Improvement Grants Program (helps improve forensic science and medical examiner/coroner services);
- Douglas County - $245,516 Paul Coverdell Forensic Science Improvement Grants – received from a competitive award process; and
- City of Omaha - $966,882 National Sexual Assault Kit Initiative - The program promotes the use of multi-disciplinary teams by supporting investigation, prosecution and victim advocacy involved with a comprehensive approach to addressing unsubmitted sexual assault kits. The program also helps law enforcement agencies and crime labs process sexual assault evidence and increase the number of sexual assault kits submitted to crime labs in order to solve more crimes, including cold cases.
More information about OJP and its components can be found at www.ojp.gov.
Milan Man Sentenced to Federal Prison for Being a Felon in Possession of a FirearmRead the Press Release
Jackson, TN – Michael Peoples, 27, of Milan, TN, has been sentenced to 49 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 information presented in court, on July 7, 2018, Peoples was released from a six-year state sentence for convictions of two counts of aggravated assault in Gibson County. On October 10, 2018, Milan Police Department was called to a vehicle at a stop sign on Ellis Street. An officer arrived on the scene and discovered the individual later identified as the defendant, asleep in the driver's seat. The officer knocked on the window until the defendant awoke. After performing poorly on a series of field sobriety tasks, Peoples was placed into custody for driving under the influence.
A search of the vehicle revealed a loaded Smith and Wesson 9mm pistol under the driver's seat. As a result of his prior felony convictions, Peoples is prohibited by federal law from possession of firearms or ammunition, and was charged accordingly.
On February 10, 2020, the defendant pled guilty as charged to the federal offense of being a convicted felon in possession of a firearm.
On October 2, 2020, U.S. Chief District Court Judge S. Thomas Anderson sentenced Peoples to 49 months in federal prison followed by three years supervised release. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said: "It is well known that past violence is predictive of future violence. Clearly, Peoples did not learn a lesson from his prior state convictions and sentence for violence, and continues to be a danger to the community. Now, he will be rightly punished for his recidivism and incapacitated in federal prison, where there is no sentence discount or sanctuary of parole."
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); West Tennessee Violent Crimes and Drug Task Force; and the Milan Police Department investigated this case.
Assistant U.S. Attorney Hillary Lawler Parham prosecuted this case on behalf of the government.
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Meth trafficking, firearm sends Bigfork man to prison for 15 yearsRead the Press Release
GREAT FALLS — A Bigfork man convicted of methamphetamine trafficking in the Havre area was sentenced today to 15 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Shane Alan Nault, 44, pleaded guilty in June to possession with intent to distribute meth and to prohibited person in possession of a firearm.
Chief U.S. District Judge Brian M. Morris presided.
The prosecution said in court documents that in the fall of 2017, informants alerted drug task force officers that Nault was selling meth in and around Hill County. Law enforcement arranged for an undercover operation to buy meth from Nault and surveilled multiple drug transactions that occurred in Nault's pickup truck. In March 2018, officers located a truck registered to an associate of Nault's in Havre. Nault, who was the driver and only person in the truck, appeared to be under the influence of narcotics. Officers arrested Nault and obtained a search warrant for the truck. During the search, officers found a 9mm pistol, three packages containing about 500 grams of meth and other drug paraphernalia. Nault was prohibited from possessing firearms because of a previous felony conviction in U.S. District Court.
Assistant U.S. Attorney Jeff Starnes prosecuted the case, which was investigated by the FBI, Havre Police Department, Montana Highway Patrol, Tri-Agency Task Force and Drug Enforcement Administration.
This case is part of Project Guardian, the U.S. Department of Justice’s recent initiative to reduce gun violence and enforce federal firearms laws, and Project Safe Neighborhoods, the USDOJ’s initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 through 2018. Through these initiatives, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Medical Device Maker to Pay $18 Million to Settle Allegations of Improper Payments to PhysiciansRead the Press Release
NEWARK, N.J. – A medical device maker has agreed to pay $18 million to resolve allegations that the company caused the submission of false claims to the Medicare, Medicaid, and TRICARE programs by paying kickbacks to physicians and hospitals to induce the use of its products, the U.S. Attorney’s Office for the District of New Jersey and the Department of Justice announced today.
The settlement resolves allegations that, for over six years, Merit Medical Systems Inc. (MMSI), of South Jordan, Utah, engaged in a kickback scheme to pay physicians, medical practices, and hospitals to induce their use of MMSI products in medical procedures performed on Medicare, Medicaid, and TRICARE beneficiaries. The federal Anti‑Kickback Statute prohibits offering or paying anything of value to induce the referral of items or services covered by Medicare, Medicaid, TRICARE, and other federal healthcare programs. The statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives.
“Merit Medical provided millions of dollars of advertising and other marketing support to healthcare providers to induce sales of its products,” Attorney for the United States Rachael A. Honig said. “Unlawful kickbacks like these distort the market for medical devices upon which our healthcare system depends. For years, Merit Medical ignored internal warnings and refused to abide by the rules that apply to every other medical device company. With today’s settlement, they are paying the price for that refusal.”
“Paying kickbacks to doctors in exchange for referrals undermines the integrity of federal healthcare programs,” Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division said. “When medical devices are used in surgical procedures, patients deserve to know that their device was selected based on quality of care considerations and not because of improper payments from manufacturers.”
Under the guise of an internal program known as the Local Advertising Program, MMSI allegedly provided remuneration to healthcare providers in the form of millions of dollars in free advertising assistance, practice development, practice support, and purported unrestricted “educational” grants to induce the healthcare providers to purchase and use a wide variety of MMSI products. These products included MMSI’s EmboSphere devices, which generally were used for uterine fibroid embolization procedures, and its QuadraSphere devices, which generally were used for other types of embolization procedures. Despite publicly claiming that its financial assistance was designed to “increase th[e] awareness” of medical treatments, MMSI allegedly provided it only to select healthcare providers to reward past sales, induce future sales, and steer business to MMSI and away from MMSI’s competitors. The government alleged that MMSI disregarded numerous warnings that its conduct may violate the Anti-Kickback Statute, including warnings from MMSI’s own Chief Compliance Officer, during the course of the alleged kickback scheme. Of the $18 million to be paid by MMSI, $15.21 million will be returned to the federal government, and a total of $2.79 million will be returned to individual states, which jointly funded claims involving MMSI devices that were submitted to state Medicaid programs.
Along with the civil settlement, MMSI entered into a five-year Corporate Integrity Agreement (CIA) with the Department of Health and Human Services-Office of Inspector General (HHS-OIG). The CIA requires MMSI to hire a compliance expert and an independent review organization to analyze its systems and transactions.
“No health care company’s compliance program can be effective without commitment and support from the company’s leaders,” HHS-OIG Chief Counsel Gregory Demske said. “As happened here, ignoring your compliance officer’s concerns about payments to referral sources is a great way to become a defendant in a kickback case.”
The allegations were originally made in a lawsuit filed under the whistleblower provisions of the False Claims Act by Charles J. Wolf M.D., the former chief compliance officer of MMSI. The act permits private parties to sue for false claims on behalf of the United States and to share in any recovery. Wolf will receive $2.65 million from the federal share of the settlement.
The government’s pursuit of this lawsuit illustrates its efforts to combat healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800‑HHS‑TIPS (800-447-8477).
The settlement with Merit Medical was the result of a coordinated effort by the U.S. Attorney’s Office for the District of New Jersey and the Commercial Litigation Branch of the Justice Department’s Civil Division, with investigative support from the Department of Health and Human Services, Office of Inspector General and the FBI.
The government is represented in the District of New Jersey by Assistant U.S. Attorney Andrew Caffrey of the U.S. Attorney’s Office’s Healthcare Fraud Unit.
The lawsuit is captioned United States ex rel. Wolf v. Merit Medical Systems, Inc. The claims resolved by the settlement are allegations only and there has been no determination of liability.
Medical Device Maker Merit Medical to Pay $18 Million to Settle Allegations of Improper Payments to PhysiciansRead the Press Release
Medical device maker Merit Medical Systems Inc. (MMSI), of South Jordan, Utah, has agreed to pay $18 million to resolve allegations that the company caused the submission of false claims to the Medicare, Medicaid, and TRICARE programs by paying kickbacks to physicians and hospitals to induce the use of MMSI products, the Department of Justice announced today.
“Paying kickbacks to doctors in exchange for referrals undermines the integrity of federal healthcare programs,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. “When medical devices are used in surgical procedures, patients deserve to know that their device was selected based on quality of care considerations and not because of improper payments from manufacturers.”
The Anti‑Kickback Statute prohibits offering or paying anything of value to induce the referral of items or services covered by Medicare, Medicaid, TRICARE, and other federal healthcare programs. The statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives.
The settlement announced today resolves allegations that, for over six years, MMSI engaged in a kickback scheme to pay physicians, medical practices, and hospitals to induce their use of MMSI products in medical procedures performed on Medicare, Medicaid, and TRICARE beneficiaries. Under the guise of an internal program known as the Local Advertising Program, MMSI allegedly provided remuneration to healthcare providers in the form of millions of dollars in free advertising assistance, practice development, practice support, and purported unrestricted “educational” grants to induce the healthcare providers to purchase and use a wide variety of MMSI products. These products included MMSI’s EmboSphere devices, which generally were used for uterine fibroid embolization procedures, and its QuadraSphere devices, which generally were used for other types of embolization procedures. Despite publicly claiming that its financial assistance was designed to “increase the awareness” of medical treatments, MMSI allegedly provided it only to select healthcare providers to reward past sales, induce future sales, and steer business to MMSI and away from MMSI’s competitors. The government alleged that MMSI disregarded numerous warnings that its conduct may violate the Anti-Kickback Statute, including warnings from MMSI’s own Chief Compliance Officer, during the course of the alleged kickback scheme. Of the $18 million to be paid by MMSI, $15.21 million will be returned to the federal government, and a total of $2.79 million will be returned to individual states, which jointly funded claims involving MMSI devices that were submitted to state Medicaid programs.
“Merit Medical provided millions of dollars of advertising and other marketing support to healthcare providers to induce sales of its products,” Attorney for the United States Rachael A. Honig. “Unlawful kickbacks like these distort the market for medical devices upon which our healthcare system depends. For years, Merit Medical ignored internal warnings and refused to abide by the rules that apply to every other medical device company. With today’s settlement, they are paying the price for that refusal.”
Along with the civil settlement, MMSI entered into a five-year Corporate Integrity Agreement (CIA) with the Department of Health and Human Services Office of Inspector General (HHS-OIG). The CIA requires MMSI to hire a compliance expert and an independent review organization to analyze its systems and transactions. “No health care company’s compliance program can be effective without commitment and support from the company’s leaders,” said HHS-OIG Chief Counsel Gregory Demske. “As happened here, ignoring your compliance officer’s concerns about payments to referral sources is a great way to become a defendant in a kickback case.”
The allegations were originally made in a lawsuit filed under the whistleblower provisions of the False Claims Act by Charles J. Wolf, M.D., the former Chief Compliance Officer of MMSI. The act permits private parties to sue for false claims on behalf of the United States and to share in any recovery. Dr. Wolf will receive $2.65 million from the federal share of the settlement.
The government’s pursuit of this lawsuit illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800‑HHS‑TIPS (800-447-8477).
The settlement with Merit Medical was the result of a coordinated effort among the Commercial Litigation Branch of the Justice Department’s Civil Division and the U.S. Attorney’s Office for the District of New Jersey, with investigative support by HHS-OIG and the Federal Bureau of Investigation.
The lawsuit is captioned United States ex rel. Wolf v. Merit Medical Systems, Inc., No. 2:16-cv-01855-CCC-MF (D.N.J.). The claims resolved by the settlement are allegations only and there has been no determination of liability.
McAlester Man Pleads Guilty to Possession of Firearm/AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Donald Ray Logsdon, Jr, age 40, of McAlester, Oklahoma entered a guilty plea to Felon in Possession of Firearm/Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about March 5, 2020, in the Eastern District of Oklahoma, the defendant, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate and foreign commerce.
The charges arose from an investigation by the Pittsburg County Sheriff’s Office and the U.S. Marshals Service.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Dean Burris represented the United States.
Massachusetts Man Arrested on Child Pornography ChargesRead the Press Release
BOSTON – A Massachusetts man was arrested yesterday and charged in federal court in Boston with child pornography offenses.
Spencer Hughes, 38, of Randolph, was charged in a criminal complaint with receiving and possessing pornographic images and videos of a person under 18 years of age. Hughes was detained pending a detention hearing scheduled for Oct. 22, 2020 before U.S. Magistrate Judge Marianne B. Bowler.
A search was executed at Hughes’ residence early Tuesday morning, where an external hard drive was discovered on Hughes’ kitchen table containing a folder with numerous pornographic images and videos of a female child appearing to be approximately 10 or 11 years old. According to the complaint affidavit, the imagery appears to have been produced inside of a bedroom.
The charge of receiving child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, five years to life of supervised release and a fine of up to $250,000. The charge of possession of child pornography provides for up to 20 years in prison, five years to life of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael S. Shea, Acting Special Agent in Charge of Homeland Security Investigations, Boston Field Office, made the announcement today. Assistant U.S. Attorney Fred M. Wyshak, III, of Lelling’s Major Crimes Unit, is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Man who taped six bundles of meth to his thigh sent to prisonRead the Press Release
CORPUS CHRISTI, Texas – A 28-year-old resident of Los Fresnos has been ordered to federal prison following his conviction for large-scale meth trafficking, announced U.S. Attorney Ryan K. Patrick.
Samuel Martinez pleaded guilty Aug. 29, 2019.
Today, U.S. District Judge David Morales ordered Martinez to serve 10 years in prison. At the hearing, the court heard evidence Martinez was smuggling the meth to Houston in order to pay a debt.
On May 2, 2019, Martinez approached the Border Patrol (BP) checkpoint located near Sarita. During inspection, a K-9 alerted to his vehicle.
Authorities then removed Martinez from his vehicle and patted him down, noticing an anomaly on his inner thigh. Martinez claimed it was a medical device.
However, upon further inspection, law enforcement located six bundles taped to his thigh that contained almost two kilograms of pure meth. Martinez then admitted he knew he was transporting narcotics for a drug cartel.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration conducted the investigation with assistance from BP. Assistant U.S. Attorney Joel Dunn prosecuted the case.
Man Sentenced to 5 Years for Trafficking MethamphetamineRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Marnell D. Davis, 35, Chicago, Illinois was sentenced today by Chief U.S. District Judge James D. Peterson to 5 years in federal prison for distributing 50 grams or more of methamphetamine. This prison term will be followed by 4 years of supervised release.
On March 27, 2020, Davis sold 54 grams of methamphetamine to a confidential informant in Chippewa Falls, Wisconsin. Then, on April 7, 2020, Davis arranged for the sale of a quarter pound of methamphetamine and 5 grams of heroin to the same confidential informant. Law enforcement officers observed Davis arrive at the agreed upon location in Menomonie, Wisconsin. They made contact with Davis and arrested him for the prior methamphetamine sale. Officers searched Davis and his vehicle and found 113.4 grams of methamphetamine, 5.3 grams of heroin, and $9,380 in cash. At the time of both of these events, Davis was out on bond for a state criminal case involving possession with intent to deliver cocaine.
The charge against Davis was the result of an investigation conducted by the West Central Drug Task Force; Chippewa County, Dunn County, and Eau Claire County Sheriffs’ Departments; Chippewa Falls, Eau Claire, and Menomonie Police Departments; Chippewa County and Dunn County District Attorneys’ Offices; and the Drug Enforcement Administration. The prosecution of the case has been handled by Assistant U.S. Attorney Steven P. Anderson.
Man Charged in Miami Federal Court with Making Online Threats to Injure and Kill Young WomanRead the Press Release
Miami, Fl. -- South Florida federal prosecutors have charged 21-year-old Mario F. Perez, of Spring, Texas, with cyberstalking by making repeated threats on social media to kill a young woman.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI, Miami Field Office, made the announcement.
The criminal complaint filed in the Southern District of Florida alleges that over the past six months, Perez created dozens of fake social media profiles to cyber stalk his victim, a young woman. Perez posted racist and derogatory comments in connection with the victim, including racist comments about black Americans. According to the complaint, Perez posted the location of the Florida home of the victim’s parents. He threatened to go to the home and hurt them.
When the victim moved from South Florida to Los Angeles in July 2020, the harassment and threats continued. The complaint alleges that Perez found the young woman’s home address and shared it on-line under a fake social media account and threatened to hurt or kill her.
Perez was arrested in Texas. He made his initial appearance in the Southern District of Texas before U.S. Magistrate Judge Frances Stacey, who sits in Houston. Hearings will occur in the Southern District of Texas and the Southern District of Florida. If convicted, Perez faces up to five years in federal prison.
FBI Miami and FBI Houston investigated this case. Assistant U.S. Attorney Hillary Irvin is prosecuting it.
A criminal complaint is merely an accusation that contains allegations. A defendant is innocent unless and until found guilty in a court of law.
You may find a copy of this press release on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov. A copy of the complaint is attached.
Madison County Man Charged in Both Federal and State Courts for Unlawful Possession of Firearms and Possession of a Hoax Device During Civil UnrestRead the Press Release
Jackson, TN – Justin Coffman, 29, has been federally charged with being a drug user in possession of firearms, and has been indicted in state court for the criminal offense of possession of a hoax device. D. Michael Dunavant, U.S. Attorney announced the unsealing of the federal criminal complaint, and 26th Judicial District Attorney General Jody Pickens announced the state indictment by the Madison County Grand Jury today.
According to a federal complaint unsealed today, on June 1, 2020, Jackson Police Department began investigating Coffman who was posting photographs to his Facebook page and another page titled, "The Gunpowder Plot" that depicted him holding a Molotov cocktail near the Jackson City Court building. The photo also showed a Jackson Police Department transport van. Above the photo was a quote, "You will bathe in the flames born from your hatred." Coffman was also seen at two protests against police violence in the days leading up to the investigation.
Officers obtained a state search warrant for Coffman’s residence to search for the potential incendiary device, and located a glass bottle containing a liquid substance fashioned to appear like a Molotov cocktail, as well as two firearms: a Spikes Tactical model ST15 multi caliber AR type rifle, and a Sarsilmaz model SARK2P 9mm pistol in Coffman’s bedroom. Marijuana was also recovered.
As a result of further investigation by law enforcement, a federal criminal complaint was filed charging Coffman with being an unlawful user of drugs in possession of firearms, in violation of 18 USC §922(g)(3).
Coffman was also indicted by the Madison County Grand Jury and charged in state court by the 26th Judicial District Attorney General, Jody Pickens, for the Class C Felony offense of possession of a hoax device in violation of T.C.A. §39-17-1302, as well as the Class A misdemeanor offenses of possession of a Schedule VI controlled substance in violation of T.C.A. §39-17-418 and five counts of possession of drug paraphernalia in violation of T.C.A. §39-17-425.
U.S. Attorney D. Michael Dunavant said: "Prohibited persons in possession of firearms such as unlawful users of illegal narcotics are always a public safety concern, but especially so when multiple weapons are recovered during a potentially volatile situation, such as civil unrest. We take all threats against law enforcement very seriously, and I commend the outstanding investigative work of our federal and local law enforcement partners in quickly responding to remove firearms and potentially dangerous devices from this offender."
Madison County District Attorney General Jody Pickens said: "I applaud the work of law enforcement in the investigation of this matter. It stands as a great example of cooperation between state and federal law enforcement."
If convicted, Coffman faces a sentence of up to 10 years in federal prison, followed by three years supervised release and a fine of $250,000 for the federal firearms offense; and a sentence from 3-15 years for the state felony hoax device offense. The federal charges will be presented to a federal grand jury at a later date to consider an indictment against the defendant. There is no parole in the federal system.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), and Jackson Police Department investigated this case.
Assistant U.S. Attorney Hillary Lawler Parham is prosecuting this case on behalf of the United States. The Madison County District Attorney General’s Office is prosecuting the case on behalf of the State of Tennessee.
The charges and allegations contained in the federal criminal complaint and state indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
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Luray, Virginia Man Pleads Guilty to Drug ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Stanislaus John Richard Hensh, age 48, of Luray, Virginia entered a guilty plea to Drug Conspiracy, in violation of Title 21, United States Code, Section 846, punishable by not less than 10 years imprisonment, a fine up to $10,000,000.00, or both.
The Indictment alleged that beginning on or about January 11, 2020, and continuing until on or about February 12, 2020, in the Eastern District of Oklahoma and elsewhere, the defendant, did willfully and knowingly combine, conspire, confederate, and agree with others known and unknown to the Grand Jury, to commit offenses against the United States.
The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.
The Honorable Steven P. Shreder, 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 Ryan Conway represented the United States.
Las Vegas Man Charged in Firearms Trafficking Case; Allegedly Made False Statements to Purchase FirearmsRead the Press Release
SALT LAKE CITY – A Las Vegas man is charged with nine counts of making a false statement during the acquisition of a firearm in a federal indictment returned by a grand jury in Salt Lake City, along with one count of dealing in firearms without a license and one count of travel within the United States with intent to violate federal law prohibiting dealing in firearms without a license.
The indictment alleges Gregory Alan Nelson, 32, knowingly made false written statements in connection with the acquisition of firearms intended to deceive the firearms dealer. Specifically, the indictment alleges Nelson falsely answered “yes” on an ATF form asking whether he was the actual buyer of the firearm. The counts in the indictment refer to a variety of firearms Hansen purchased from federal firearms licensees (FFLs) in Utah during May, June, July and August.
Charges allege Nelson purchased approximately 283 guns in Utah in 2020. Using a conservative estimate, he spent about $176,000 on the guns, including 147 Glock pistols.
“The time-to-crime evidence in this prosecution is troubling. Allegations portray hundreds of guns purchased in Utah, too many of which were later recovered in criminal investigations outside of Utah in a relatively short period of time,” U.S. Attorney John W. Huber said. “To be sure, these charges are serious as far as the potential consequences if he is found guilty of federal felonies. More serious, though, are the negative effects on public safety as a result of the conduct outlined in the allegations. Gun crime endangers our communities.”
“ATF prioritizes illegal firearms trafficking. Most firearms start out as a legal commodity but in this case multiple firearms purchased by Nelson were transferred illegally, some ending up at crime scenes. In order to help keep the public safe, ATF agents interdicted and stopped the flow of these firearms,” ATF Special Agent in Charge, Denver Field Division, David Booth said.
According to a complaint filed in the case, Nelson came to the attention of ATF agents in Salt Lake City in July after purchasing a large number of similar firearms over a short period of time throughout Utah. The ATF received information from a FFL with numerous locations in Utah that Nelson’s firearms purchases were suspicious in nature given the multiple purchases of firearms he was making and the different, potentially conflicting explanations he offered as he interacted with store employees during the transactions.
Under federal law, FFLs are required to send a report to ATF when there is a sale of multiple firearms to the same purchaser within a short period of time. ATF uses the information to investigate potential firearms trafficking cases. If one or more firearms recovered from a crime are part of a multiple purchase, this could be an indicator of potential firearms trafficking. A gun recovered from a crime shortly after being purchased in a multiple sale is known as a short time-to-crime ratio. It refers to the time between when a firearm is purchased, and when that same firearm is recovered at a crime scene.
The ATF also received a tip that Nelson was purchasing firearms in Utah and trafficking them in Las Vegas.
ATF firearms tracing shows that as of Oct. 9, 2020, 19 firearms, originally purchased by Nelson, have been recovered in California by law enforcement officers investigating various crimes. All 19 of the recovered firearms were recovered within a short time-to-crime ratio of between 2 and 91 days. One of the recovered firearms was used to commit a double murder, according to the complaint. All firearms were recovered in different areas of California and were traced to Nelson as the original purchaser.
Examples from the complaint include:
- On May 28, 2020, Nelson purchased a semi-automatic pistol from Sportsman’s Warehouse in St. George. This gun was recovered on Aug. 27, 2020 (just over 3 months time to crime) by DEA during a narcotics distribution investigation in California.
- On June 5, 2020, Nelson purchased a semi-automatic pistol from Rowdy’s Range and Supply in St. George. This gun was recovered on July 7, 2020 (29 days time to crime) by the Walnut Creek Police Department while executing a search warrant during the course of a murder investigation.
- On June 17, 2020, Nelson purchased a semi-automatic pistol from Gunnies in Orem. This gun was recovered on Aug. 2, 2020 (46 days time to crime) by the East Palo Alto Police Department during the investigation of a double murder in California.
- As of Aug. 28, 2020, the investigation shows Nelson purchased firearms recently from 29 FFLS in Utah and paid for them with cash. Nelson made one purchase in excess of $13,000. He also made purchases around $11,000, and three in excess of $7,000. During the months of July and August, Nelson purchased 171 firearms.
Nelson has no known employment for 2020 and, according to the complaint, does not have the monetary means to purchase the quantity of firearms he has to date – an indication Nelson is buying the pistols at the direction of and through the financing of another individual. Nelson has repeatedly purchased duplicate models of handguns that are not typically considered to be of collector value, including the 147 Glock pistols, which is an indication of straw purchases, investigators say.
Nelson was arrested on the Utah complaint in Las Vegas in August. He was released on conditions of supervised release imposed by a federal magistrate in Las Vegas. He had an initial appearance before U.S. Magistrate Judge Cecilia M. Romero on Sept. 21, 2020, in Salt Lake City. He was arraigned on charges in the indictment Thursday.
Each count of making a false statement during the acquisition of a firearm carries a potential sentence of 10 years in federal prison. Count 10, dealing in firearms without a license, has a potential five-year sentence. The final count of the indictment, travel within the United States with intent to violate federal law prohibiting dealing in firearms without a license, has a maximum sentence of 10 years.
Indictments are not finding of guilt. Individuals charged in indictments are presumed innocent unless or until proven guilty in court.
Assistant U.S. Attorneys in the Utah U.S. Attorney’s Office are prosecuting the case. Special agents with the ATF are conducting the investigation.
Jonesboro Man Arrested for Allegedly Producing Child PornographyRead the Press Release
LITTLE ROCK-A Jonesboro man has been charged with producing child pornography. A federal grand jury has charged Justin Palmer, 41, with two counts of production of child pornography and one count of attempted production of child pornography. Palmer was charged on October 8, 2020, and was arrested the following day. He was arraigned today before United States Magistrate Judge Beth Deere.
Cody Hiland, United States Attorney for the Eastern District of Arkansas, and Diane Upchurch, FBI Special Agent in Charge of the Little Rock Field Office, announced the charges today.
The indictment alleges that Palmer attempted to get one minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct. The indictment also alleges that Palmer succeeded in getting two other minors to send him photos or videos of themselves engaged in sexually explicit conduct.
“At this point in time, federal investigators have not identified any alleged victims in the northeast Arkansas area,” stated Connor Hagan, FBI Public Affairs Officer. “If our investigation later uncovers victims in Arkansas, FBI Victim Specialists stand ready to assist the victims and their families.” More information regarding FBI Violent Crimes Against Children investigations can be found here: www.fbi.gov/cac.
The penalty for producing and for attempting to produce child pornography is not less than 15 years’ imprisonment up to life imprisonment. All three charges carry a fine of up to $250,000 and not less than five years of supervised release.
The investigation is being conducted by the FBI with assistance from the Jonesboro Police Department, Jonesboro Police Department Internet Crimes Against Children, and Arkansas State Police Company F. This case is being prosecuted by Assistant United States Attorney Allison W. Bragg.
An indictment only contains allegations. A defendant is presumed innocent unless and until proven guilty.
# # #
This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
J&F Investimentos SA Pleads Guilty and Agrees to Pay More Than $256 Million in Criminal Fines to Resolve Foreign Bribery CaseRead the Press Release
Earlier today, in federal court in Brooklyn, J&F Investimentos SA (J&F), a global conglomerate holding company based in Brazil and primarily involved in the meat and agriculture businesses, pleaded guilty to conspiring to violate the Foreign Corrupt Practices Act (FCPA) and agreed to pay a criminal fine of more than $256 million. The charges arose from a scheme by J&F, through certain of its employees and agents, to pay millions of dollars in bribes to Brazilian government officials through, among other means, bank accounts based in New York. Today’s proceedings took place via video conference before United States District Judge Margo K. Brodie.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, Brian C. Rabbitt, Acting Assistant Attorney General of the Justice Department’s Criminal Division, and James A. Dawson, Special Agent-in-Charge, Federal Bureau of Investigation, Washington Field Office (FBI), announced the charges and guilty plea.
“Today’s resolution and guilty plea, including a $256 million fine, demonstrates our Office’s full commitment to holding accountable those entities that seek to gain an improper advantage over competitors by bribing foreign officials and using the U.S. financial system to carry out the crimes,” stated Acting United States Attorney DuCharme. “Protecting the integrity of the financial system is a core priority of the Department of Justice.”
“With today’s guilty plea, J&F has admitted to engaging in a long-running pattern of paying bribes to corrupt officials in Brazil to obtain financing and other benefits,” stated Acting Assistant Attorney General Rabbitt. “J&F’s corrupt conduct involved executives at the highest levels of the company using New York banks and real estate to carry out a scheme to pay millions of dollars in bribes to government officials in Brazil. Today’s resolution demonstrates the department’s continuing commitment to combating international corruption and holding companies accountable for violations of the FCPA.”
“No matter where it occurs, the FBI and our global partners are committed to diligently rooting out corruption which betrays public trust and threatens a fair economy,” stated FBI Special Agent-in-Charge Dawson. “Today’s plea demonstrates the FBI’s commitment to combatting foreign corruption reaching the U.S., and today’s actions send a strong message that we will not relent in our efforts to uphold the law and hold everyone accountable to play by the same, fair rules.”
According to the Statement of Facts stipulated to by J&F in connection with its guilty plea and other court documents, between approximately 2005 and 2017, J&F, through certain of its employees and agents, paid millions of dollars in bribes to, and for the benefit of, Brazilian government officials in order to obtain financing from two Brazilian state-owned and state-controlled banks and to obtain approval for a merger from a Brazilian state-owned and state-controlled pension fund. In furtherance of the scheme, J&F used New York-based bank accounts in the name of shell companies to make hundreds of millions of dollars in corrupt payments for the benefit of Brazilian officials.
Specifically, between approximately 2005 and 2014, using bank accounts based in New York, J&F caused more than $148 million in corrupt payments to be made for the benefit of a former high-ranking executive at Banco Nacional de Desenvolvimento Econômico e Social (BNDES), a Brazilian state-owned bank. The bribe payments were made for the benefit of the former BNDES executive, who later during the bribery scheme served as a high-ranking official in the executive branch of the Brazilian government, for the purpose of ensuring that BNDES would enter into certain financing and equity transactions with J&F-related entities.
In addition, between approximately 2011 and 2017, J&F caused approximately $4.6 million in corrupt payments to be made, and items of value to be transferred, for the benefit of a high-ranking executive at Petrobras de Seguridade Social (Petros), a Brazilian state-owned pension fund. The bribes were paid through, among other things, the purchase of an apartment in New York for the high-ranking Petros executive. The bribe payments were made to ensure that Petros approved a merger involving a J&F-related entity.
Finally, between 2011 and 2014, J&F caused approximately $25 million in corrupt payments to be made for the benefit of a former high-ranking official in the legislative branch of the Brazilian government. The bribes were paid for the purpose of ensuring that Caixa Econômica Federal, a Brazilian state-owned bank, entered into certain transactions with J&F-related entities.
The government reached this resolution with J&F based on a number of factors, including J&F’s failure to voluntarily disclose the conduct to the government, and the nature, seriousness and pervasiveness of the offense, which included executives at the highest levels of the company and the payment of millions of dollars in bribes to high-level government officials in Brazil over multiple years. The criminal monetary penalty for J&F reflects a 10 percent reduction off the bottom of the U.S. Sentencing Guidelines fine range because J&F received partial credit for its remediation and cooperation with the government’s investigation.
In a related matter with the U.S. Securities and Exchange Commission (SEC) announced today, a J&F majority-owned subsidiary, JBS S.A., agreed to pay the SEC disgorgement and prejudgment interest totaling approximately $26,866,565.
J&F previously entered into a resolution with the Ministério Público Federal (Public Prosecutor’s Office) in Brazil relating to the same conduct described in the Statement of Facts. The United States will credit approximately $128 million of the fine J&F pays to the Brazilian authorities toward payment of the criminal fine in this case.
The investigation is being conducted by the FBI’s International Corruption Unit in Washington, D.C. The government’s case is being handled by the Office’s Business and Securities Fraud Section and the Criminal Division’s Fraud Section. Assistant United States Attorney David Gopstein of the Eastern District of New York and Fraud Section Trial Attorneys Michael Culhane Harper and Joseph S. McFarlane are prosecuting the case.
The government of Brazil provided significant assistance in this matter, as did the Criminal Division’s Office of International Affairs.
The Defendant:
J&F INVESTIMENTOS SA
E.D.N.Y. Docket No. 20-CR-365
J&F Investimentos S.A. Pleads Guilty and Agrees to Pay over $256 Million to Resolve Criminal Foreign Bribery CaseRead the Press Release
J&F Investimentos S.A. (J&F), a Brazil-based investment company that owns and controls companies involved in multiple industries, including the meat and agriculture industry, has agreed to pay a criminal monetary penalty of $256,497,026 to resolve the department’s investigation into violations of the Foreign Corrupt Practices Act (FCPA). The resolution arises out of J&F’s scheme to pay millions of dollars in bribes to government officials in Brazil in exchange for obtaining financing and other benefits for J&F and J&F-owned entities.
J&F pleaded guilty and entered into a cooperation plea agreement with the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of New York in connection with a criminal information filed today in the Eastern District of New York charging J&F with one count of conspiracy to violate the anti-bribery provisions of the FCPA.
“With today’s guilty plea, J&F has admitted to engaging in a long-running scheme to bribe corrupt officials in Brazil to obtain financing and other benefits for the company,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “As part of this scheme, executives at the very highest levels of the company used U.S. banks and real estate to pay tens of millions of dollars in bribes to corrupt government officials in Brazil in order to obtain hundreds of millions of dollars in financing for the company and its affiliates. Today’s resolution demonstrates the department’s continuing commitment to combating international corruption and holding companies accountable for violations of the FCPA.”
“Today’s resolution and guilty plea, including a $256 million fine, demonstrates our office’s full commitment to holding accountable those entities that seek to gain an improper advantage over competitors by bribing foreign officials and using the U.S. financial system to carry out the crimes,” said Acting U.S. Attorney Seth D. DuCharme for the Eastern District of New York. “Protecting the integrity of the financial system is a core priority of the Department of Justice.”
“No matter where it occurs, the FBI and our global partners are committed to diligently rooting out corruption which betrays public trust and threatens a fair economy,” said Special Agent in Charge James A. Dawson of the FBI Washington Field Office Criminal Division. “Today’s plea demonstrates the FBI’s commitment to combatting foreign corruption reaching the United States, and today’s actions send a strong message that we will not relent in our efforts to uphold the law and hold everyone accountable to play by the same, fair rules.”
According to admissions by J&F, between 2005 and 2017, the company conspired with others to violate the FCPA by paying bribes to government officials in Brazil in order to ensure that Brazilian state-owned and state-controlled banks would enter into debt and equity financing transactions with J&F and J&F-owned entities, as well as to obtain approval for a merger from a Brazilian state-owned and state-controlled pension fund.
Specifically, between 2005 and 2014, J&F engaged in a bribery scheme involving more than $148 million in corrupt payments that were promised and made to and for the benefit of high-level Brazilian government officials, including a then-high-ranking executive at Banco Nacional de Desenvolvimento Econômico e Social (BNDES), a Brazilian state-owned and state-controlled bank. In exchange for the bribe payments, J&F was able to obtain hundreds of millions of dollars in financing from BNDES. In addition, J&F paid bribes worth more than $4.6 million to and for the benefit of a high-ranking executive of Fundação Petrobras de Seguridade Social (Petros), a Brazilian state-controlled pension fund in exchange for obtaining Petros’s approval for a significant merger that benefited J&F. J&F also paid approximately $25 million in bribes to a high-ranking official in the legislative branch of the Brazilian government in order to secure hundreds of millions of dollars of financing from Caixa Econômica Federal (Caixa), a Brazilian state-owned and state-controlled bank.
In furtherance of the bribery scheme, among other things, J&F executives used New York-based bank accounts to facilitate the bribery scheme and to make corrupt payments, purchased and transferred a Manhattan apartment as a bribe, and met in the United States to discuss and further aspects of the illegal scheme.
As part of the plea agreement, for a three-year period, J&F agreed to continue to cooperate with the U.S. government in any ongoing or future criminal investigations concerning J&F, its executives, employees, or agents; enhance its compliance program; and report to the government on the implementation of its enhanced compliance program.
The department reached this resolution with J&F based on a number of factors, including the company’s failure to voluntarily disclose the conduct to the department and the nature, seriousness, and pervasiveness of the offense, which included executives at the highest levels of the company and the payment of tens of millions of dollars in bribes to high-level government officials in Brazil over a period of years. The criminal monetary penalty for J&F reflects a 10 percent reduction off the bottom of the U.S. Sentencing Guidelines fine range because J&F received partial credit for its remediation and cooperation with the department’s investigation.
In a related matter with the U.S. Securities and Exchange Commission (SEC) announced today, a J&F majority-owned subsidiary, JBS S.A., agreed to pay the SEC disgorgement and prejudgment interest totaling approximately $26,866,565.
J&F previously entered into a resolution with the Ministério Público Federal (Public Prosecutor’s Office) in Brazil relating to the same conduct that forms the basis of J&F’s plea agreement announced today. Pursuant to the Brazilian resolution, J&F agreed to pay a fine of BRL 8,000,000,000 (the approximate equivalent of $1,441,505,636) and to contribute BRL 2,300,000,000 (the approximate equivalent of $414,432,870) to social projects in Brazil. Under the J&F plea agreement announced today, the Fraud Section and the Eastern District of New York will credit up to 50 percent ($128,248,513) of the criminal penalty owed to the United States to payments J&F makes pursuant to the resolution with the Brazilian authorities. The department determined that partial crediting was appropriate based on the specific facts and circumstances of this case in light of, among other things, the company’s prior efforts to coordinate with the department and Brazilian authorities.
The FBI’s Washington Field Office investigated the case. Trial Attorneys Michael Culhane Harper and Joseph McFarlane of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David Gopstein of the U.S. Attorney’s Office for the Eastern District of New York are prosecuting the case. The Justice Department’s Office of International Affairs of the Department’s Criminal Division provided valuable assistance in this matter.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.
Indictment: Man and Woman Robbed Three Stores in KansasRead the Press Release
TOPEKA, KAN. – A man and woman who are in custody in Topeka were indicted today on federal charges of robbing three Kansas businesses, U.S. Attorney Stephen McAllister said.
Lekeith Markez Mosley, 29, Liberal, Kan., and Shelbi Paige Ricks, 25, Liberal, Kan., are charged with three counts of robbery. The indictment alleges they committed the following robberies:
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- Sept. 27, 2020: Jimmy John’s restaurant, 1025 Southwest Wanamaker Road in Topeka.
- Sept. 7, 2020: Family Dollar, 303 E. Kansas Avenue, Greensburg, Kan.
- Sept. 6, 2020: Subway restaurant, 711 N. Main Street, Hutchinson, Kan.
If convicted, they could face up to 20 years in federal prison and a fine up to $250,000 on each count. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
OTHER INDICTMENTS
Daniel Ray Galloway Jr., 22, who is in custody, is charged with one count of unlawful possession of a firearm by a felon. The crime is alleged to have occurred July 17, 2020, in Topeka, Kan.
If convicted, he could face up to 10 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
Shannon J. Wright, 30, who is in custody, is charged with one count of unlawful possession of a firearm by a felon. The crime is alleged to have occurred Aug. 13, 2020, in Topeka, Kan.
If convicted, he could face up to 10 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
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Houston man imprisoned for stashing over $400,000 worth of marijuana at his homeRead the Press Release
LAREDO, Texas – A 37-year-old Texan has been ordered to federal prison following his conviction of possession with intent to distribute a large quantity of marijuana, announced U.S. Attorney Ryan K. Patrick.
Roberto Garcia Saldana pleaded guilty June 9, admitting he knew there were narcotics inside the travel trailer he was storing for others.
Today, U.S. District Judge Diana Saldana ordered Garcia Saldana to serve a 60-month sentence to be immediately followed by four years of supervised release.
On May 2, 2017, authorities conducted surveillance on what they suspected to be a marijuana stash house in Zapata. As law enforcement approached, Garcia Saldana had attempted to run from the rear of the residence. He was soon apprehended.
A search of a travel trailer on the property led to the discovery of 50 bundles of marijuana. The drugs weighed a total of approximately 476 kilograms with an approximate value of $420,000.
Saldana has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration conducted Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed Operation Falcon Talon with assistance from FBI, Border Patrol and Texas National Guard. OCDETF is the largest anti-crime task force in the country. Its mission is to disrupt and dismantle the most significant drug trafficking and transnational criminal organizations that threaten the United States through prosecutor-led, intelligence-driven and multi-agency task forces that leverage the authorities and expertise of federal, state and local law enforcement.
Deputy Criminal Chief Mary Lou Castillo and Assistant U.S. Attorney Anthony J. Evans prosecuted the case.
Henryetta Woman Sentenced to 110 Months for Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Brandis Nicole Fish, age 36, of Henryetta, Oklahoma was sentenced to 110 months’ imprisonment, and 4 years of supervised release for Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B).
The Indictment alleged that from on or about January 27, 2020, in the Eastern District of Oklahoma, the defendant knowingly and intentionally possessed with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charges arose from an investigation by the Okmulgee County Sheriff’s Office and the Federal Bureau of Investigation Safe Trails Task Force. The Safe Trails Task force is made up of a coalition of numerous Federal, State, Local and Tribal partners. The Safe Trails Task Force allows participating agencies to combine limited resources and increase investigative coordination to target violent crime, drugs, gangs, and gaming violations.
United States Attorney Brian J. Kuester said, “The distribution of methamphetamine is often times linked to violent crime. Investigations and prosecutions of distributors disrupts drug trafficking organizations and makes communities safer. The FBI Safe Trails Task Force along with the partner agencies that unite to create it are making a positive impact on Eastern District communities.”
“This sentence shows that violating our federal drug laws carries serious consequences,” said FBI Special Agent in Charge Melissa Godbold. “The FBI will continue to stand shoulder to shoulder with our law enforcement colleagues to fight those who peddle this poison in our communities.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Ryan Conway represented the United States.
Hazleton Man Sentenced to 21 Months’ Imprisonment for Distributing 1.5 Grams of HeroinRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Gene Hawkins, age 50, of Hazleton, Pennsylvania, was sentenced on October 9, 2020, by U.S. District Court Judge Robert D. Mariani to 21 months’ imprisonment for selling 1.5 grams of heroin in 2015.
According to United States Attorney David J. Freed, Hawkins pleaded guilty to distributing a “brick” (approximately 50 individual doses) of heroin on August 3, 2015 in Hazleton.
The case was investigated by the Drug Enforcement Administration (DEA) and the Hazleton Police Department. Assistant U.S. Attorney Francis P. Sempa 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. 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 also 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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Harrison Man Sentenced to 10 Years in Federal Prison for Attempted Enticement of A MinorRead the Press Release
Fayetteville, Arkansas – David Clay Fowlkes, First Assistant United States Attorney for the Western District of Arkansas, announced that Wayne King, age 66, of Harrison, Arkansas, was sentenced today to 120 months in federal prison without the possibility of parole followed by 10 years of supervised release on one count of Attempted Enticement of a Minor to Engage in Illegal Sexual Activity. The Honorable Timothy L. Brooks, United States District Judge, presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, in September of 2019, Homeland Security Investigations (HSI), the Northwest Arkansas Internet Crimes Against Children (ICAC) Task Force, the Arkansas State Police, and several local law enforcement agencies conducted a joint operation to target online sexual predators in Northwest Arkansas. As part of the operation, undercover law enforcement investigators placed multiple advertisements on various online websites and mobile applications representing themselves to be minors.
On September 17, 2019, an individual who called himself Wayne (later identified as King) responded to a Craigslist advertisement and began emailing and text messaging with an undercover law enforcement officer who was posing as a 14-year-old female. Over the course of eight days, King exchanged several emails with the 14-year-old persona, in which he discussed performing sexual activities with the purported minor. King arranged a meeting with the purported 14 year old for a sexual encounter and was arrested upon arriving at the predetermined meeting location.
King was indicted by a federal grand jury in November of 2019, and entered a guilty plea in April of 2020.
This case was investigated by the Department of Homeland Security Investigations, the Internet Crimes Against Children (ICAC) Task Force, and the Arkansas State Police. Assistant United States Attorney Amy Driver prosecuted the case for the United States.
Guatemalan Man Indicted on Enticement Charge and Transporting A Minor to Have SexRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Yeison Lopez-Martinez, 19, a native of Guatemala living in Trenton, New Jersey, with enticing a minor to travel and transportation of a minor to engage in sexual activity. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life in prison.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the indictment, between March and April 2, 2020, the defendant enticed a minor victim to travel from New Jersey to New York to engage in sexual activity. In addition, on March 30, 2020, Lopez¬ Martinez, transported the minor victim from New Jersey to New York with the intent to engage in sexual activity.
The defendant made an initial appearance in U.S. District Court in New Jersey and was detained. Lopez-Martinez will be returned to the Western District of New York at a later date.
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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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Gansevoort Woman Indicted on Charges of Supplemental Security Income Fraud and Theft of Government PropertyRead the Press Release
ALBANY, NEW YORK – Santa Sanabria, a.k.a. Santa Cordero, age 74, of Gansevoort, New York, was arraigned on an indictment charging her with using two different names and Social Security numbers to collect Social Security benefits under both identities.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA), Office of the Inspector General, New York Field Office.
The indictment alleges that while collecting Social Security benefits under the name Santa Cordero, and the Social Security number associated with that name, Sanabria used a different name and Social Security number to apply for and collect Supplemental Security Income (SSI) benefits to which she was not entitled. SSI is a needs-based program, available to elderly, blind, and disabled individuals, that provides money to pay for living expenses. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Sanabria was arraigned today in Albany before United States Magistrate Judge Christian F. Hummel, and ordered released pending trial.
The charges against Sanabria carry a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
Four Charged with Stealing from Housing Assistance ProgramRead the Press Release
Greenville, South Carolina --- United States Attorney Peter M. McCoy, Jr., announced today that four defendants were charged in three separate indictments with fraud and misrepresenting occupancy in order to steal thousands of dollars in federal assistance. This assistance, taken from the Troubled Asset Relief Program (TARP) multi-billion dollar component Hardest Hit Fund (HHF), was provided to South Carolina’s housing finance agency to help unemployed or underemployed homeowners stay in their homes. The indictments allege that each defendant took the assistance but did not live in his or her home.
“When individuals wrongfully take from programs designed to provide assistance to others, they are stealing from those who need help the most,” said U.S. Attorney McCoy. “Our office will not allow this type of conduct to go unpunished, especially in light of the pressing economic circumstances facing so many across South Carolina.”
“These defendants are charged with stealing from, and defrauding, a Federal government program that brings long term economic stability to help people stay in their homes, knowing that they did not qualify for the program,” said Christy Goldsmith Romero, Special Inspector General (SIG) for TARP. “We commend the Office of the U.S. Attorney for the District of South Carolina for standing with SIGTARP to combat rescue fraud.”
The following defendants have been indicted related to their alleged theft of TARP funds:
- Marvette Thompson Easterling, 53, of Gaffney, was indicted for bank fraud, pursuant, theft of government funds in excess of $1,000, and false statement on a loan application. The property at issue is in Gaffney, SC.
- Joshua David Armato, 36, of Blarisville, GA, was indicted for bank fraud, pursuant and theft of government funds in excess of $1,000. The property at issue is in Simpsonville, SC.
- Laura Beth Armato, 35, also of Blarisville, GA, was indicted for bank fraud, pursuant and theft of government funds in excess of $1,000. The property at issue is in Simpsonville, SC.
- Keylon Wright, 39, of Greenville, was indicted for bank fraud, pursuant, theft of government funds in excess of $1,000, and false statement on a loan application. The property at issue is in Mauldin, SC.
Each defendant faces a maximum fine of $1 million, and a maximum sentence of 30 years for bank fraud, their most serious charge.
SC HELP was a federally funded mortgage payment assistance program that provided eligible homeowners with temporary mortgage assistance so that they could avoid foreclosure and stay in their homes. The SC HELP program was part of a broader effort by the federal government to stabilize the nation’s housing market where states with the most distressed markets received federal funds to develop locally tailored foreclosure prevention solutions.
According to the allegations, all defendants received thousands in SC HELP homeowner relief funds, including mortgage payment assistance. Defendants Easterling and Wright allegedly also received direct loan payment assistance funds.
This cases are being investigated by SIGTARP, and are being prosecuted Assistant United States Attorney Winston Marosek of the Greenville office. SIGTARP was created as an independent law enforcement agency to investigate fraud, waste, and abuse related to the TARP bailout. To date, SIGTARP investigations have resulted in the recovery of over $11.2 billion, 389 criminal convictions and 305 defendants sentenced to prison.
U.S. Attorney McCoy stated that all charges in this case are merely allegations at this stage and that the defendant is presumed innocent unless and until proven guilty.
To report a suspected crime related to TARP, call SIGTARP’s Crime Tip Hotline: 1-877-SIG-2009 (1-877-744-2009). To receive alerts about reports, audits, media releases, and other SIGTARP news, sign up at www.SIGTARP.gov/pages/press.aspx.
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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.
- Marvette Thompson Easterling, 53, of Gaffney, was indicted for bank fraud, pursuant, theft of government funds in excess of $1,000, and false statement on a loan application. The property at issue is in Gaffney, SC.
Fort Wayne Indiana Woman Ordered to Pay $646,690.32 in RestitutionRead the Press Release
FORT WAYNE – Susanne “Suzi” Gawel, age 57, of Fort Wayne, Indiana, was sentenced by United States District Court Judge Holly A. Brady after her plea of guilty to health care fraud and aggravated identity theft, announced U.S. Attorney Kirsch.
Gawel was sentenced to 48 months in prison, 1 year of supervised release and ordered to pay $646,690.32 in restitution.
According to documents in this case, in March of 2020, Gawel was charged by way of Information and subsequently entered a plea of guilty to the charges. She worked as an office manager at her Fort Wayne company which sold durable medical equipment (DME) to clients across northern Indiana. Some of the company’s clients were Medicaid beneficiaries. Through her work, Gawel had access to Medicaid patient information, including patients’ names, addresses, dates of birth, Medicaid ID numbers and treating physician information. From about January 2015 and continuing to about October 2018, Gawel devised a scheme to defraud Medicaid. During this time period, she submitted over 200 reimbursement claims to Indiana Medicaid for DME, including oximetry devices and pneumatic compressors, which were not provided to Medicaid recipients and/or for which they had no medical necessity and/or for which there was no physician order. In total, her scheme defrauded Indiana Medicaid of approximately $646,690.32.
“My Office is focused on prosecuting fraud cases such as this one,” said United States Attorney Thomas L. Kirsch II. “Defrauding a federally funded health care program like Medicaid cheats all taxpayers. This case demonstrates that when individuals exploit a federally funded program, our law enforcement partners will investigate and my Office will prosecute and hold accountable those responsible.”
“The investigation of health care fraud is a priority for the FBI and this type of illegal conduct will not be tolerated,” said FBI Indianapolis Special Agent in Charge Paul Keenan. "This sentence not only emphasizes the cooperation between federal, state and local law enforcement agencies to identify and investigate those who engage in this type of crime, but also sends a clear message to those who would exploit federally funded health care programs that they will be held accountable.”
“We are committed to exposing waste, fraud and abuse of Medicaid funds and bringing to justice those who have broken the law,” Attorney General Curtis Hill said. “I am proud of the investigative work of our Medicaid Fraud Control Unit in this case, and I am grateful as well for the contributions of our federal partners.”
This case was investigated by the Federal Bureau of Investigation and the Indiana Attorney General’s Medicaid Fraud Control Unit. This case was handled by Assistant United States Attorney Sarah E. Nokes.
Former Postal Worker Sentenced to Prison for Stealing over 400 Mobile Phones Out of Packages in the MailRead the Press Release
PORTLAND, Ore.—A former U.S. Postal Service employee was sentenced to federal prison today for stealing mobile phones out of packages at the Portland postal sorting facility, announced U.S. Attorney Billy J. Williams.
Rico Alvarez, 24, was sentenced to one year and one day in federal prison and three years’ supervised release.
“It is imperative that the community has confidence and trust in the integrity of the U.S. Postal Service” said United States Attorney Billy J. Williams “Thanks to the dedicated efforts of the U.S. Postal Service Office of Inspector General, this defendant is held to account for violating that trust.”
U.S. Postal Service Office of Inspector General, Western Area Field Office, Executive Special Agent-in-Charge John D. Masters said, “The U.S. Postal Service has a long and proud history dating back to 1775. The Postal Service employs over 630,000 men and woman who are dedicated public servants. For over two centuries, the Postal Service has honored its fundamental commitment to protect the sanctity of the U.S. Mail. Mr. Rico Alvarez willfully chose to violate that public trust and his duties. Today’s sentencing of Mr. Alvarez demonstrates that theft of U.S. Mail, committed by a Postal Service employee, will not be tolerated and carries serious consequences. The public we serve can rest assured that the Postal Service Office of Inspector General, U.S. Attorney’s Office, and our partner law enforcement agencies, remain committed to safeguarding the integrity of the U.S. Mail and ensuring the accountability and integrity of U.S. Postal Service employees.”
According to court documents, beginning in about August, 2019, Alvarez, an employee of the United States Postal Service, began stealing smartphones placed into the mail for delivery to customers. Over the course of the next three months, Alvarez stole more than 400 phones, by surreptitiously opening the box as it passed his mail sorting station, removing the phone, and then sending the empty package on for delivery to the intended recipient. On the day he was caught by OIG Special Agents, he had over a dozen stolen phones in his possession. When interviewed, Alvarez admitted to stealing high end, recently released, smartphones, which he subsequently sold for his own profit.
On June 25, 2020 Alvarez was charged by criminal information with Theft of Mail. He plead guilty to the charge on July 20, 2020.
During sentencing, U.S. District Court Judge Michael Simon ordered Alvarez to pay $253,550 in restitution.
The United States Postal Service Office of Inspector General investigated this case. It was prosecuted by Quinn Harrington, Assistant U.S. Attorney for the District of Oregon.
Former Pittsburgh Woman Sentenced for Role in Drug Trafficking RingRead the Press Release
PITTSBURGH - A former resident of the Beltzhoover neighborhood in Pittsburgh, has been sentenced in federal court to two years’ probation and 100 hours of community service on her conviction of a drug trafficking charge in connection with a large-scale investigation conducted by the Greater Pittsburgh Safe Streets Task Force, United States Attorney Scott W. Brady announced today.
United States District Judge William S. Stickman, IV, imposed the sentence on Amber Rogers, age 28, of North Carolina.
According to information presented to the court, the Greater Pittsburgh Safe Streets Task Force conducted an investigation targeting the Darccide/Smash 44, or "DS44", neighborhood gang, and its drug-trafficking activity, in and around the South Side area of Pittsburgh. As part of this large-scale narcotics and firearms investigation, in February 2019, the United States received authorization to conduct a federal wire investigation, which continued through June 2019.
Intercepted communications confirmed that Ms. Rogers was conspiring with others to distribute controlled substances, including heroin and fentanyl, in and around the South Side of Pittsburgh. Specifically, Ms. Rogers conducted narcotics transactions on behalf of other members of the conspiracy by obtaining the drugs from stash locations and distributing them to individual customers. The Court has earlier accepted Ms. Rogers’ guilty plea to conspiracy to distribute 10 grams of heroin and fentanyl.
Prior to imposing sentence, Judge Stickman stated that he was imposing a term of probation, rather than imprisonment, because, among other things, Rodgers was one of the least culpable of the defendants charged in the case, because she had no criminal history, and because she was lawfully employed.
Assistant United States Attorneys Carolyn J. Bloch and Brendan J. McKenna prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Rogers. The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Bureau of Alcohol Tobacco Firearms and Explosives, Allegheny County Adult Probation, Allegheny County Police Department, Allegheny County Sheriff’s Office, Pennsylvania Attorney General’s Office Bureau of Narcotics, Pittsburgh Bureau of Police, and the Wilkinsburg Police Department. Other assisting agencies include the Green Tree Police Department, New York City Police Department, Mount Oliver Police Department, Pennsylvania State Police, Yonkers Police Department, United States Marshals Fugitive Task Force, and the United States Postal Inspection Service.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.