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Friday 9 October 2020
Queens Pharmacy Operator Charged with Obstruction of Justice for Sending Powder Cocaine to DEA Investigator’s HomeRead the Press Release
Audrey Strauss, Acting United States Attorney for the Southern District of New York, Raymond P. Donovan, Special Agent in Charge of the New York Division of the U.S. Drug Enforcement Administration (“DEA”), and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced today that DIMITRIOS LYMBERATOS, the operator of a Queens pharmacy, has been charged with obstruction of justice for arranging for a package containing white powder, later identified as cocaine, to be sent to the home address of a DEA Diversion Investigator who was investigating LYMBERATOS’s pharmacy. LYMBERATOS surrendered to the DEA this morning and will be presented before United States Magistrate Judge Barbara Moses in Manhattan federal court later today.
Acting U.S. Attorney Audrey Strauss said: “When Dimitrios Lymberatos learned his pharmacy was under investigation by the DEA, he allegedly took sinister action against a Diversion Investigator assigned to his case. Lymberatos allegedly sought to interfere with the investigation through intimidation, by sending cocaine to the Investigator’s home, potentially causing physical harm. Lymberatos’s misguided message was received loud and clear – and he now faces the possibility of a lengthy prison term for his potentially harmful attempt to obstruct law enforcement.”
DEA Special Agent in Charge Raymond P. Donovan said: “Today’s arrest is another example to the public that pharmacy owners can set out to do harm with ill intent. One of our own Diversion Investigators was allegedly targeted simply for doing their job, and as such, Mr. Lymberatos’s alleged actions were completely unconscionable. Thankfully, due to the diligent work of our Tactical Diversion Squads, he will be brought to justice.”
NYPD Commissioner Dermot Shea said: “I want to commend the officers, detectives, federal agents, and prosecutors who worked together to investigate the dangerous acts alleged in these charges.”
According to the allegations in the Complaint unsealed today[1]:
LYMBERATOS is the operator of a pharmacy in Queens, New York. Beginning in or about November 2019, the DEA, led by a DEA Diversion Investigator, conducted an overt regulatory investigation into the pharmacy, which had the effect of delaying the issuance of the pharmacy’s registration to dispense controlled substances. LYMBERATOS responded to the investigation of his pharmacy by taking steps to obstruct the investigation, including hiring a private investigator to obtain the Diversion Investigator’s home address, and then causing to be mailed to the Diversion Investigator’s home a greeting card containing a white powdery substance, which law enforcement later determined to be cocaine. Upon receiving the package with white powder, the Diversion Investigator immediately notified law enforcement, which responded to the scene, and the Diversion Investigator was taken to the hospital for toxicology screening. LYMBERATOS caused the package to be sent to the Diversion Investigator in order to interfere with and obstruct the pending investigation into his pharmacy by threatening the Diversion Investigator, deliberately causing the Diversion Investigator to fear for her physical safety, and seeking to create trouble for the Diversion Investigator by causing her to come into possession of an illegal controlled substance.
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LYMBERATOS, 34, of Queens, New York, is charged with one count of obstruction of justice and one count of conspiracy to obstruct justice. Each charge carries a maximum penalty of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the DEA’s New York Tactical Diversion Squad, which comprises agents and officers from the DEA, the New York City Police Department, the New York State Police, New York State Department of Financial Services, New York National Guard, New York City Department of Investigation, and New York State Department of Health Bureau of Narcotics Enforcement. Ms. Strauss also praised the outstanding work of the Organized Crime Drug Enforcement Task Force (“OCDETF”) New York Strike Force Tactical Diversion Squad. The OCDETF New York Strike Force is a crime-fighting unit comprising federal, state, and local law enforcement agencies supported by the Organized Crime Drug Enforcement Task Force and the New York/New Jersey High Intensity Drug Trafficking Area. The Strike Force is affiliated with the DEA’s New York Division and includes agents and officers of the DEA, New York City Police Department, New York State Police, Homeland Security Investigations, U.S. Internal Revenue Service Criminal Investigation Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Customs and Border Protection, U.S. Secret Service, U.S. Marshals Service, New York National Guard, Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department, and New York State Department of Corrections and Community Supervision.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Jacob R. Fiddelman and Kedar S. Bhatia are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Portsmouth Woman Charged with Fraud Scheme Targeting VeteransRead the Press Release
NEWPORT NEWS, Va. – A federal grand jury returned an indictment today charging a Portsmouth woman with wire fraud and aggravated identity theft in connection with a scheme to defraud veterans.
According to allegations in the indictment, Rita Copeland, 59, operated an entity known as “Veteran Services of the Commonwealth.” Copeland purported to provide caregiving, contracting and rental assistance services to various veterans from 2016 through 2019. Copeland allegedly caused a number of victims to apply for Home Improvements and Structural Alterations (HISA) grants through the Department of Veterans Affairs. Such grant payments are to be used for certain designated improvements to the residences of veterans. Copeland allegedly failed to perform all of the promised work and used a portion of these payments to her own benefit, contrary to the designated purposes of the funds. Copeland also allegedly diverted the income and retirement fund payments of another veteran to a bank account that she had opened. Copeland also allegedly fraudulently obtained and diverted loan funds and used the credit and debit cards of this elderly victim. Finally, Copeland also allegedly engaged in a rental fraud scheme, purporting to link veterans with landlords, but then diverting rental and security deposit payments to her own benefit.
Copeland is charged with eight counts of wire fraud and one count of aggravated identity theft. If convicted, Copeland faces a maximum penalty of 20 years on the wire fraud charges and a mandatory consecutive term of two years on the aggravated identity theft charge. 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.
Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. Elder abuse is an intentional or negligent act by any person that causes harm or a serious risk of harm to an older adult. It is a term used to describe five subtypes of elder abuse: physical abuse, financial fraud, scams and exploitation, caregiver neglect and abandonment, psychological abuse, and sexual abuse. Elder abuse is a serious crime against some of our nation’s most vulnerable citizens, affecting at least 10 percent of older Americans every year. Together with our federal, state, local and tribal partners, the Department of Justice is steadfastly committed to combatting all forms of elder abuse and financial exploitation through enforcement actions, training and resources, research, victim services, and public awareness. This holistic and robust response demonstrates the Department’s unwavering dedication to fighting for justice for older Americans.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement. Assistant U.S. Attorney Brian Samuels 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. 4:20-cr-63.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
Portland Resident Accused of Civil DisorderRead the Press Release
PORTLAND, Ore.—U.S. Attorney Billy J. Williams announced today that a Portland, Oregon resident has been charged with Civil Disorder after he attempted to punch a Portland Police officer in the face during an unlawful assembly on August 4, 2020.
A federal grand jury in Portland has returned a 1-count indictment charging Travis Austin Hessel, 27, with Civil Disorder.
According to court documents, in the early morning hours of August 4, 2020, an unlawful assembly was declared near the Penumbra Kelly Public Safety Building, located at 4735 E. Burnside Street in Portland, after individuals in a crowd of protestors shined powerful lasers at officers’ eyes, threw water bottles, beer and soda cans, marbles, and other hard objects at police officers. The crowd also blocked vehicular traffic on the street requiring a fire engine to divert around the protestors in order to respond to a structure fire.
When officers attempted to disburse the protestors, a smaller group of protestors braced themselves in an effort to resist being moved. A physical melee ensued, during which Hessel threw a punch at a female officer. When the officer grabbed him in order to place him under arrest, Hessel attempted to flee and dragged the officer a short distance before she lost her grip. Two other officers were able to detain Hessel and placed him under arrest.
Hessel was arraigned on the Indictment in federal court today before a U.S. Magistrate Judge Stacie F. Beckerman. Hessel pleaded not guilty, and ordered released pending a 2-day jury trial scheduled to begin on December 8, 2020.
The Federal Bureau of Investigation investigated this case. It is being prosecuted by the United States Attorney’s Office for the District of Oregon.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Pembroke Pines Resident Charged for Fraud Related to Hurricane IrmaRead the Press Release
Miami, Fl. – A 45-year-old Pembroke Pines woman has been charged with disaster relief fraud and other federal crimes in connection with her application and receipt of federal relief funds following Hurricane Irma.
According to allegations contained in the complaint, in September of 2017, after Hurricane Irma, Desmicia Mathis filed a fraudulent property damage claim with the Federal Emergency Management Agency (“FEMA”), and received disaster and rental assistance money to which she was not entitled. Mathis used the fraudulently obtained FEMA funds and moved into a rental apartment. She utilized a stolen identity to obtain a new residence and establish utility accounts, according to the complaint.
Mathis made her initial appearance today in Fort Lauderdale before U.S. Magistrate Alicia O. Valle.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, James DePalma, Special Agent in Charge, Department of Homeland Security – Office of Inspector General (DHS-OIG), Miami Field Office, and Rodregas Owens, Special Agent in Charge, Social Security Administration - Office of the Inspector General (SSA-OIG), Atlanta Field Division, made the announcement.
DHS–OIG and SSA-OIG investigated the case. Assistant U.S. Attorney Marc S. Anton is prosecuting the case.
A complaint is merely an accusation that contains allegations. A defendant is presumed innocent unless and until proven 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, under case no. 20-mj-6441.
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Owner of Japanese Fishing Vessel Pleads Guilty to Unlawful Trafficking of Shark FinsRead the Press Release
Hamada Suisan Co. Ltd., the owner of the Japanese-flagged fishing vessel, M.V. Kyoshin Maru No. 20, pleaded guilty, pursuant to a plea agreement, to aiding and abetting the attempted export of shark fins out of Hawaii in violation of the Lacey Act, the Department of Justice announced.
The company was sentenced to pay a fine of $126,000, forfeiture of $119,000 (representing the value of the vessel), and a period of probation of three years. This sentence represents the largest monetary penalty ever imposed for a federal shark finning case. During the three-year probation period, the company must comply with a robust compliance plan developed in coordination with the Department of Justice and supervised by the probation officer. The company must also retire and relinquish the fishing license in Japan previously associated with the Kyoshin Maru.
“Shark finning is a cruel practice, prohibited by federal law, numerous states, including Hawaii, and multilateral bodies to which both the United States and Japan belong,” said Principal Deputy Assistant Attorney General Jonathan D. Brightbill for the Justice Department’s Environment and Natural Resources Division. “The sentence imposed today, and Japan’s related actions holding this Japanese company to account, reflects the seriousness of these offenses and the United States’ and international commitment to ending this practice.”
“Shark finning is inhumane, intolerable, and takes a very real toll on our precious ocean ecosystem,” said U.S. Attorney Kenji M. Price for the District of Hawaii. “My office is committed to combatting this cruel practice by prosecuting to the fullest extent of the law anyone found to be trafficking in these types of shark fins.”
According to court documents, the case arose from the November 2018 discovery of approximately 962 shark fins, weighing approximately 190 pounds, from the checked luggage of fisherman working aboard the Kyoshin Maru. The Kyoshin Maru had engaged in longline tuna fishing in the southern Pacific Ocean for approximately one year prior, utilizing a crew of officers who were Japanese nationals and fishermen who were Indonesian nationals. When sharks were caught as bycatch by the Kyoshin Maru, the fishing master of the vessel directed the crew members to haul the shark into the vessel and kill the shark, instead of cutting the line and letting the shark swim free, in order to save the hook. The crew members followed this instruction, though at times they cut the line when the fishing master was not looking, in order to avoid the danger of handling a live shark. The fishermen dried the shark fins without the corresponding shark carcasses, in plain view of the captain and crew. The captain and the fishing master personally observed the shark finning that took place on the vessel, and did nothing to stop it. In the course of the voyage, crew members harvested fins from approximately 300 sharks.
On or about Nov. 6, 2018, the Kyoshin Maru traveled near Hawaii, and its Indonesian crew members legally entered the United States in order to board return flights departing from Honolulu International Airport. During routine screening, Transportation Security Administration officers discovered the shark fins in 10 of the fishermen’s checked luggage. The U.S. Fish and Wildlife Service (FWS) seized the shark fins, which it later determined were worth as much as $57,850 on the black market.
Some of the shark fins were from oceanic whitetip sharks, which are listed as threatened species under the Endangered Species Act and are protected under the Convention on International Trade in Endangered Species (CITES), an international convention with over 180 parties, including the United States, Japan, and Indonesia. According to the National Oceanic and Atmospheric Administration (NOAA), the oceanic whitetip shark has declined by approximately 80-95 percent across the Pacific Ocean since the mid-1990s. Other fins were from silky sharks and bigeye thresher sharks, which are also protected under the CITES.
The 10 Indonesian nationals with shark fins in their luggage were arrested and eventually pled guilty to a violation of the Lacey Act in United States v. Abdurahman et al., Cr. No. 18-00192 KJM.
The Japan Fisheries Agency, which is the government agency in Japan responsible for enforcement of Japan's shark finning laws, conducted a parallel investigation. On March 27, 2019, Japan found a violation of Japan's shark finning ordinances, and imposed an administrative penalty upon the Kyoshin Maru, specifically a “stoppage” that prohibited the vessel from operating for a period of 67 days, and also prohibited maintenance or repairs during the stoppage period. The Kyoshin Maru did not operate and remained at port from the time it arrived in Japan after dropping off the fishermen in Honolulu, until the time it was eventually sold – a period of approximately eight months, during which the vessel deteriorated. The parties stipulated that $119,000 in substitute assets is appropriate in lieu of forfeiture of the Kyoshin Maru, which is now beyond the control of the defendants.
The possession and sale of shark fins are regulated by several international treaties, to which both Japan and the United States are parties. These treaties obligate member nations to pass domestic laws prohibiting the retention onboard of any part of certain protected shark species, including oceanic whitetip sharks and silky sharks; and to require shark fins to comprise no more than 5 percent of the weight of sharks on board, among other requirements. Japan and the United States have passed domestic laws that implement these treaty obligations by restricting the shark fin trade. The State of Hawaii goes beyond these treaty obligations and completely bans the shark fin trade. It is unlawful to possess, sell, offer for sale, trade, or distribute shark fins in Hawaii, and Hawaii was the first state to impose an outright ban on the shark fin trade.
This case was investigated by the FWS, Office of Law Enforcement, with assistance from NOAA, Office of Law Enforcement; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; U.S. Customs and Border Protection; the U.S. Postal Inspection Service, and the U.S. Coast Guard. It was prosecuted by Senior Counsel for Wildlife Programs Elinor Colbourn of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Marc A. Wallenstein for the District of Hawaii. The prosecution team coordinated with the U.S. Department of State on this matter.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Owner of Food Service Firm Operating in Government Buildings Throughout the D.C. Area Sentenced to Prison for Payroll Tax FraudRead the Press Release
A Potomac, Maryland, owner of companies providing food services in government buildings was sentenced to 21 months imprisonment for not paying more than $10 million in employment and sales tax, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and Acting U.S. Attorney Michael R. Sherwin for the District of Columbia.
According to documents and information provided to the court, Steve Choi was the founder, president, and operator of nine companies that provided food services within government buildings located in the D.C. area, including the Department of Justice, the Department of Agriculture, the Department of Energy, the Department of Commerce, NASA, and the Library of Congress, among other locations.
As president and operator of the companies, Choi was responsible for collecting and paying employment taxes to the IRS. Notwithstanding these obligations, and civil collection efforts from the IRS, from 2012 through 2015, Choi collected tax withholdings from his employees’ wages, but did not pay over $4.4 million in employment taxes. During the same period, Choi also did not pay more than $6.2 million in sales taxes to the D.C. Office of Tax and Revenue. Rather than pay the sales and employment taxes, from 2011 through 2015, Choi directed his companies to pay millions of dollars in other expenditures, including over $1 million in personal salary, personal donations, and cash advances.
On Feb. 7, 2020, Choi pleaded guilty to employment tax fraud.
“As an employer, Choi had a legal obligation to pay over the money withheld for taxes on behalf of his employees,” said IRS-Criminal Investigation (CI) Special Agent in Charge Kelly R. Jackson. “CI will continue to investigate those who choose to utilize their companies’ payroll tax withholdings for their personal benefit.”
In addition to the term of imprisonment, U.S. District Judge Ketanji Brown Jackson ordered Choi to serve three years of supervised release and to pay approximately $6,390,182 in restitution to the Office of Tax and Revenue and $4,737,809 in restitution to the United States.
Principal Deputy Assistant Attorney General Zuckerman, Acting U.S. Attorney Sherwin, and IRS-CI Special Agent in Charge Kelly R. Jackson thanked special agents of IRS-CI and Office of Tax and Revenue who investigated the case, and Trial Attorneys Jack Morgan and Eric Schmale of the Tax Division, as well as Assistant U.S. Attorney Veronica Sanchez, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Office of Justice Programs Awards $261 Million to Support Youth Mentoring, Protect ChildrenRead the Press Release
The Office of Justice Programs (OJP) today announced that it has awarded $261 million in grant awards to support mentoring services for youth and to protect children from abuse, exploitation and threats such as sex trafficking. Principal Deputy Assistant Attorney General Katharine T. Sullivan made the announcement at an event with leaders and representatives of the Cal Ripken Sr. Foundation and local chapters of the Police Athletic League, along with local police chiefs.
“Young people in America face an array of challenges, from social and academic pressures to dangerous predators and lethal drugs. They are better equipped to meet those challenges with a model of care and compassion to guide them along,” said Sullivan. “These awards will support outstanding youth-serving organizations like the Cal Ripken Sr. Foundation, Big Brothers Big Sisters, Boys and Girls Clubs and their local affiliates across the country as they help youth discover their talents, find their purpose and realize their full potential. We are incredibly grateful to our mentorship programs, both nationally and locally. Badges in Blue and Badges for Baseball are great examples of successful community partnerships through law enforcement and mentoring.”
Grants from OJP’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) will allow national, state and local organizations to provide mentoring to youth who are at risk of juvenile delinquency, victimization and juvenile justice system involvement. Funds also support the National Mentoring Resource Center, which last year provided training and other support to 362 school-, community- and faith-based mentoring programs that served more than 79,000 youth nationwide.
“We can take no greater step toward securing the future health and prosperity of our nation than by investing now in the physical safety and emotional resilience of our children,” said OJJDP Administrator Caren Harp. “These grants will give law enforcement officials, service providers and children’s advocates the resources they need to fight off predators, take kids out of harm’s way and help children overcome the effects of trauma.”
Mentoring programs supported by OJJDP help youth make connections with leaders and respected members of their communities, including law enforcement officers. Police and sheriffs’ departments have formed close and lasting bonds with young citizens, leading to greater trust and respect between law enforcement professionals and community members. Grants also address the impact of the addiction crisis on children and teens. Funds support mentoring in rural and other underserved communities hit hard by the opioid epidemic.
In addition, more than 100 sites are receiving grants from OJJDP and OJP’s Office for Victims of Crime to help find missing children, investigate and prosecute child exploitation cases, serve abused and neglected children, and assist minor victims of human trafficking.
Sullivan was joined today by Steve Salem, President and CEO of the Cal Ripken Sr. Foundation; V. Glenn Fueston Jr. of the Maryland Governor’s Office of Crime Prevention, Youth and Victim Services; Sergeant Kweise Dadzie from the Prince George’s Police Athletic League Badges for Baseball mentorship program; U.S. Attorney for the District of Maryland Rob K. Hur; and representatives of the Boys and Girls Club of Annapolis and Anne Arundel County, where the event was held.
For a complete list of individual grant programs, amounts to be awarded and the jurisdictions that will receive funding, visit here and here.
Additional information about Fiscal Year 2020 grant awards made by OJP can be found online at the OJP Awards Data webpage.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components is located at www.ojp.gov.
Niles, Michigan Man Sentenced to 71 Months in PrisonRead the Press Release
SOUTH BEND –Clarence Bonds, 36, of Niles, Michigan was sentenced by United States District Court Judge Damon R. Leichty upon his plea of guilty to transporting a firearm in interstate commerce knowing that a felony offense would be committed with it, announced U.S. Attorney Kirsch.
Mr. Bonds was sentenced to 71 months in prison followed by 2 years of supervised release.
According to documents filed in this case, Mr. Bonds was on federal supervised release for conspiracy to possess with intent to distribute crack cocaine when he bought a .45 caliber handgun in Michigan. Mr. Bonds brought the gun from Niles, Michigan to South Bend, where he was caught with it while a passenger in a car stopped by police. Mr. Bonds has multiple prior convictions, including several for weapons-related offenses.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the South Bend Police Department. The case was handled by Assistant U.S. Attorney Molly E. Donnelly.
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New Britain Man Admits Distributing Fentanyl and CrackRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JORDAN FLYTHE, also known as “T,” 28, of New Britain, pleaded guilty today to one count of possession with intent to distribute, and distribution of, fentanyl and cocaine base (“crack”).
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding before U.S. Magistrate Judge Robert A. Richardson occurred via videoconference.
According to court documents and statements made in court, the FBI’s Northern Connecticut Gang Task Force and Hartford Police Department identified Flythe as a narcotics distributor who supplied various gang members in the Hartford’s South End. On February 3, 2020, after investigators conducted a controlled purchase of approximately six grams of crack cocaine from Flythe in exchange for $300 in Hartford, Hartford Police stopped Flythe’s vehicle and arrested Flythe on state narcotics charges. A search of Flythe’s vehicle and person at the time of his arrest revealed approximately 20 grams of crack, a digital scale and $3,450 in cash.
While Flythe was released on bond in his state case, investigators made controlled purchases from Flythe of approximately 12 grams of crack on February 12, and 100 sleeves of fentanyl and approximately eight grams of crack on February 17.
Flythe has been detained since his federal arrest on February 26, 2020.
Flythe is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on January 20, 2021, at which time he faces a maximum term of imprisonment of 20 years.
The FBI’s Northern Connecticut Gang Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. This case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
Navajo man pleads guilty in federal court to abusive sexual contact in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Lyle Woody Begay, 34, pleaded guilty today in federal court in Albuquerque to abusive sexual contact in Indian Country.
According to the plea agreement, Begay sexually abused the child on or about Feb. 23, 2004, through Dec. 31, 2011, in San Juan County, New Mexico, within the exterior boundaries of the Navajo Nation Indian Reservation. Begay, an enrolled member of the Navajo Nation, admitted in a plea agreement to causing intentional and unlawful sexual contact with a minor under the age of twelve with the intent to abuse, humiliate, harass, degrade, arouse or gratify sexual desire.
Begay is currently in custody awaiting sentencing. He faces 10 to 15 years in prison under the terms of his plea agreement. Begay also must register as a sex offender upon his release from prison.
The Gallup office of the FBI and the Navajo Nation Criminal Investigations unit investigated this case. Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback are prosecuting the case.
NDTX Round-Up: October 2-8Read the Press Release
SENTENCING – DAVID MARTINEZ MARTINEZ
On October 5, David Martinez Martinez, 40, was sentenced to two years in federal prison for possession of a firearm by prohibited person. Martinez was previously admitted to the United States on a non-immigrant visa and not allowed to possess a firearm. In October 2019, Martinez was driving a truck down Interstate-45 when law enforcement noticed a defective taillight and pulled the vehicle over. A search was conducted of Martinez’s truck. Law enforcement recovered five firearms hidden in various packages. This case was investigated by the ATF. Assistant U.S. Attorney Melanie Smith prosecuted this case.
SENTENCING – ROBERT RIVEROS
On October 5, Robert Riveros was sentenced to 22 years for conspiracy to interfere with commerce by robbery, interference with commerce by robbery, and possessing a firearm in furtherance of crime of violence. In 2016, Riveros was charged along with four other coconspirators for a string of violent robberies against jewelers. In one instance, Riveros punched through a car window of a jewelry salesman and took a case containing jewelry. The jewelry salesman attempted to enter a co-defendant’s vehicle through the window and to retrieve his case. Riveros and other co-defendants drove to an apartment complex in Irving, where the victim was removed from the vehicle and beaten, which contributed to his death. This case was investigated by the FBI, Dallas Police Department, and the DFW International Airport Department of Public Safety. Assistant U.S. Attorney Keith Robinson is prosecuted this case.
GUILTY PLEA – ANTONIO LULE
On October 6, Antonio Lule, 26, plead guilty to assaulting, resisting, or impeding certain officers or employees. FBI agents obtained a search warrant for a Dallas residence. Shortly before SWAT arrived at the residence, FBI agents who had been conducting surveillance that morning arrived and encountered Lule, who began yelling profanity at the agents. When SWAT arrived, agents gave verbal commands to Lule so law enforcement could detain him. Lule initially refused to obey the commands given by agents. As Lule was being detained he intentionally bit an agent. Lule faces up to 1 year years in federal prison for his crimes. This case was investigated by the FBI. Assistant U.S Attorney P.J. Meitl is prosecuting this case.
SENTENCING – ARTURO CALDERON
On October 7, Arturo Calderon, 26, was sentenced to 40 months in federal prison for making a false statement during the purchase of a firearm. Between February 2018 and February 2019, Calderon purchased numerous firearms from licensed vendors. During the purchase of these firearms, Calderon responded falsely to the question on the ATF Form that asks if the buyer is “the actual transferee/buyer of the firearms(s) listed on this form.” Calderon purchased at least 16 firearms that he then gave to an individual who covered the cost of the firearms, and then additionally compensated Calderon. This case was investigated by the ATF. Assistant U.S. Attorneys Jon Bradshaw and Brian McKay prosecuted the case.
Muskogee Man Pleads Guilty to Child Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Michael Wayne Miller, age 41, of Muskogee, Oklahoma entered a guilty plea to Child Abuse In Indian Country (2 Counts) in violation of Title 18, United States Code, Sections 1151, 1153, and Title 21, Oklahoma Statutes, Section 843.5(A), punishable by not more than life imprisonment, a fine up to $5,000.00, or both for each count.
The Indictment alleged that on or about January 12, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did willfully and maliciously cause and threaten harm to the health, safety, and welfare of E.M., a child under the age of eighteen, by striking E.M.
The Indictment further alleged that on or about January 17, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did willfully and maliciously cause and threaten harm to the health, safety, and welfare of S.M., a child under the age of eighteen, by striking S.M.
The charges arose from an investigation by the Federal Bureau of Investigation.
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.
Special Assistant United States Attorney Cory Ortega represented the United States.
Monmouth County Company Sued for Illegally Obtaining Government ContractsRead the Press Release
NEWARK, N.J. – The Justice Department today sued a Monmouth County, New Jersey, company for allegedly defrauding the United States by falsely claiming to be eligible for more than $16.5 million in government contracts set aside for service-disabled, veteran-owned small businesses, U.S. Attorney Craig Carpenito announced.
VE Source LLC, based in Shrewsbury, New Jersey, and its owners, Sherman Barton and Chris Neary, along with a related company, Vertical Source Inc., allegedly defrauded the government by falsely claiming that VE Source was eligible for government contracts set aside for companies owned and controlled by service-disabled veterans.
To promote contracting opportunities for United States veterans, Congress has authorized federal agencies to make contracts available exclusively to service-disabled, veteran-owned small businesses, known as “SDVOSBs.” Small businesses must be both majority-owned by and controlled on a long-term and day-to-day basis by service-disabled veterans.
According to the complaint:
VE Source obtained contracts from the U.S. Department of Agriculture (USDA) and the Defense Logistics Agency (DLA), a component of the U.S. Department of Defense. Under the DLA contract, VE Source was paid to deliver fire-retardant coveralls for the U.S. Navy; under the USDA contract, VE Source was paid to deliver aprons and apron strings to the USDA. Both contracts were set-aside for SDVOSBs. VE Source’s owners falsely certified that the company was controlled by Sherman Barton, a service-disabled veteran, when the company was in fact controlled by Christopher Neary, who is not a service-disabled veteran. By diverting contracts and benefits intended for businesses owned and controlled by service-disabled veterans towards an ineligible company, the defendants undercut the express congressional purpose in enacting laws intended to encourage the awards of federal contracts to SDVOSBs.
U.S. Attorney Carpenito credited special agents of the General Services Administration, Office of Inspector General, acting under the direction of Inspector General Carol F. Ochoa; The U.S. Department of Agriculture, Office of Inspector General, under the direction of Inspector General Phyllis K. Fong; and the U.S. Department of Defense, Office of the Inspector General, Defense Criminal Investigative Service, under the direction of Special Agent in Charge Leigh-Alistair Barzey, with the investigation leading to the filing of this civil fraud complaint.
The government is represented by Assistant U.S. Attorneys David V. Simunovich and Mark C. Orlowski of the U.S. Attorney’s Government Fraud Unit in Newark.
Mescalero man pleads guilty to assault with a dangerous weaponRead the Press Release
ALBUQUERQUE, N.M. – Samuel Joseph Chee, 26, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, pleaded guilty in federal court on Oct. 8 to a charge of assault with a dangerous weapon.
In the plea agreement, Chee admitted that in January he assaulted a victim identified in court records as Jane Doe with a knife. Jane Doe, also an enrolled member of the Mescalero Apache Tribe, suffered a multiple lacerations to both arms and one thumb and required emergency medical treatment.
The assault occurred on the Mescalero Apache Reservation in Otero County, New Mexico.
By the terms of the plea agreement, Chee faces 18 months in prison in addition to five months he served in Mescalero tribal custody for the same offense. Upon his release from prison, Chee will be subject to three years of supervised release.
The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Aaron O. Jordan is prosecuting the case.
Menifee Woman Arrested on Identity Theft Charges Involving over $500,000 in Fraudulently Obtained COVID-19 Unemployment ReliefRead the Press Release
SANTA ANA, California – A Riverside County woman was arrested today on federal charges that she defrauded California’s unemployment insurance system by using stolen personal information obtained from the dark-net to fraudulently receive more than a half-million dollars in COVID-19 unemployment benefits.
Cara Marie Kirk-Connell, 32, of Menifee, was named in a federal criminal complaint that charges her with identity theft, mail fraud, and access device fraud. She is expected to make her initial appearance on October 13 in United States District Court in Riverside.
According to an affidavit filed with the complaint, on September 11, Murrieta police conducted a traffic stop of Kirk-Connell. A search of the car resulted in the seizure of eight debit cards that contained unemployment benefits in other people’s names, as well as more than $30,000 in cash and several driver’s licenses for other motorists, the affidavit states. When interviewed by police, Kirk-Connell allegedly admitted that she and others would go onto the “dark web” to gather identifying information of other individuals.
She allegedly then used this information to apply for unemployment benefits from the California Employment Development Department, which distributes the benefits under the Coronavirus Aid, Relief, and Economic Security Act, passed by Congress in March. The CARES Act expanded unemployment benefits to cover those who were previously ineligible, including business owners, self-employed workers, and independent contractors, who were put out of business or significantly reduced their services because of the COVID-19 pandemic.
In addition, Kirk-Connell admitted that once she had applied for those benefits in other people’s names, she would have the debit cards sent to an address where she would receive them, the affidavit states. Once she received the debit cards, she said, she would activate them by using the victims’ Social Security numbers as well as PINs she had chosen, and then make numerous ATM withdrawals and other expenditures, according to the affidavit.
EDD records showed that the cards and identities that Kirk-Connell possessed had been used to apply for and authorize approximately $534,149 in COVID-related unemployment benefits from California’s EDD program, of which nearly $270,000 had already been spent, the affidavit states. Further, EDD records showed that some of the individual cards had more than $17,000 loaded on them when issued, according to the affidavit.
A complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
If convicted of these charges, Kirk-Connell would face a statutory maximum sentence of 32 years in federal prison.
This investigation, which is a result of the Department of Justice’s National Unemployment Insurance Fraud Task Force, was conducted by the U.S. Department of Labor – Office of Inspector General, IRS Criminal Investigation, and the United States Postal Inspection Service. California EDD Criminal Investigations and the Murrieta Police Department provided substantial assistance.
Assistant United States Attorney Charles E. Pell of the Santa Ana Branch Office is prosecuting this case.
Memphis Man Sentenced to 6 Years in Federal Prison for Possession of Multiple Firearms in Furtherance of Drug TraffickingRead the Press Release
Memphis, TN – Markeis Ivy, 24, has been sentenced to 75 months in federal prison for possession of a controlled substance with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.
According to information presented in court, on May 2, 2019, while on targeted patrol in the area of Springdale and Howell area, undercover law enforcement encountered a blue Camaro that had stopped in the middle of the road as the occupants in the vehicle talked to people standing along the street. As the officers pulled around the Camaro, the driver pointed an AR type rifle at one of the undercover officers. Law enforcement then radioed for assistance.
Arriving to the scene, law enforcement spotted the suspect vehicle with its passenger side door open in front of a residence on Howell Street. The officers gave commands for the occupants to show their hands when the passenger side door closed and the vehicle reversed at a high rate of speed. The vehicle made a U-turn and accelerated, hitting the undercover vehicle and chain link fence at the rear of the apartment complex. The car then stopped.
As one man attempted to run, he was captured and placed into custody. Officers saw Ivy reaching for the driver’s side floorboard and pulled him out of the car. There was a struggle, and officers were required to restrain Ivy by the use of a taser before placing him into custody. As they picked him up off the ground, a plastic Ziploc bag containing four other small plastic bags fell from his person, which contained 73 oxycodone pills, 12 Xanax pills, marijuana, and $1,879 in U.S. currency.
Officers found a black assault rifle on the driver’s side floorboard of the vehicle and a black assault-style handgun on the passenger side floorboard, a 70-round magazine, a Glock 40 caliber magazine, and a FN 57 magazine.
On November 26, 2019, law enforcement served a search warrant at Ivy’s residence in Cordova, Tennessee and found 29.94 grams of marijuana in two bags, a digital scale, and approximately $6,000 in U.S. currency on his person.
Also found in the residence were the following:
• MAG Tactical AR15 Model G4 Variant Pistol, one round in the chamber and a loaded 30 round magazine, 5.56 caliber ammunition, a 24 round 5.56 caliber magazine removed from the pistol.
• American Tactical Hybrid .223 caliber Short Barrel Rifle with a loaded 60 round extended magazine.
• Glock 9mm handgun loaded with an extended magazine, 32 total rounds.
• Ruger 9mm pistol with one round in the chamber and a loaded magazine.
• Sig 229 magazine, and 12 Speer .40 caliber rounds.
• Body armor vest.
• 19 rounds of 9mm ammunition in a baggie on the kitchen counter.
• Three rounds of assorted ammunition on the kitchen counter.
• One round of Riocchi ammunition.
• 50 round drum magazine located on the kitchen counter.
On October 7, 2020, U.S. District Court Judge Sheryl H. Lipman sentenced Ivy to 75 months in federal prison followed by 3 years of supervised release. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said, "Armed drug dealers pose a significant public safety risk to our communities and law enforcement, and must be punished and incapacitated in a meaningful way. This outstanding investigation removed multiple firearms from the hands of a dangerous offender, and this sentence will reduce the threat of addiction, injury, violence, and death in Memphis."
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Memphis Police Department – Crump Station Task Force.
Assistant U.S. Attorney P. Neal Oldham prosecuted this case on behalf of the government.
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Maryland MS-13 Leader Charged with Illegal Firearms Trafficking in Washington, D.C.Read the Press Release
WASHINGTON – Wilber Vigil-Benitez, also known as “Solitario,” of El Salvador, was arrested today on an outstanding arrest warrant from the United States District Court for the District of Columbia, announced Michael R. Sherwin, Acting U.S. Attorney for the District of Columbia; John J. Durham, Director, Joint Task Force Vulcan (JTFV); Robert E. Bornstein, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division; and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
On August 25, 2020, Vigil-Benitez, 25, of Oxon Hill, Maryland, was charged in the United States District Court for the District of Columbia, in case number 20-cr-170, in a nine-count indictment with conspiring to engage in the illegal trafficking of firearms, engaging in the business of dealing in firearms without a license, and seven counts of possession of a firearm by a person previously convicted of a crime punishable by more than one year. If convicted of all counts, Vigil-Benitez could face up to 85 years in prison.
According to the indictment and additional court documents filed by the Government, Vigil-Benitez, who also goes by the gang name “Solitario,” is a leader of the Delicias Locos Salvatruchas Clique de La Mara Salvatrucha, commonly referred to as MS-13, a transnational criminal organization. From approximately September 2017 through July 2018, Vigil-Benitez led a firearms trafficking conspiracy where, according to the indictment, he obtained firearms from an MS-13 associate and then illegally sold them on the streets of Washington, D.C., for profit. Vigil-Benitez was prohibited from possessing firearms due to his prior Maryland felony conviction, a firearms offense. Vigil-Benitez traveled from Maryland into the District of Columbia to sell firearms illegally on at least eight occasions. In total, Vigil-Benitez sold at least ten firearms, including an assault rifle.
On October 9, 2020, the Honorable Magistrate Judge G. Michael Harvey held Vigil-Benitez without bond pending a detention hearing on October 14, 2020. An indictment is a formal accusation of criminal conduct, for the purpose of establishing probable cause, not evidence of guilt. A defendant is presumed innocent unless proven guilty.
“Today’s arrest of a member of a transnational criminal organization represents the successful coordination of multiple federal and local law enforcement partners.” said Acting United States Attorney Michael R. Sherwin. “Our office is committed to disrupting the financial lifeline of criminal organizations such as MS-13 and bringing to justice those individuals who would bring firearms into our jurisdiction and inject fear and violence into our communities.”
“This case is another example of the strong partnership between the FBI and our local, state and federal partners to identify, investigate and ultimately prosecute members and associates of MS-13," said Robert E. Bornstein, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division. "MS-13, known for their violence, is a transnational gang which primarily preys and takes advantage of fellow immigrants from Central America. The FBI will continue to work collaboratively with our partners to identify, disrupt, and dismantle MS-13 in our communities.”
“In order to effectively combat the MS-13, we must not only prosecute violent crimes committed by the organization, but also must target its sources of revenue, including illegal firearms trafficking,” stated JTFV Director John J. Durham. “Thanks to the dedicated efforts of the FBI and MPD during this investigation, numerous illegal firearms were seized and an MS-13 leader will face justice.”
This investigation was carried out in partnership with JTFV. In August 2019, Attorney General Barr created JTFV to carry out the recommendations of the MS-13 subcommittee formed under the Attorney General’s Transnational Organized Crime Task Force, which was the result of President Trump’s February 2017 Executive Order directing the Departments of Justice, State, and Homeland Security, and the Office of the Director of National Intelligence to coordinate a whole-of-government approach to dismantle transnational criminal organizations, such as MS-13, and restore safety for the American people. The principal purpose of JTFV is to coordinate and lead the efforts of the Justice Department and U.S. law enforcement agencies against MS-13 in order to dismantle the group.
This case was investigated by the FBI’s Cross Border Task Force, which is composed of FBI agents from both the Washington Field Office and the Baltimore Field Office, with task force officers from the U.S. Park Police, Prince George’s County Police, Montgomery County Police, and MPD. The task force works in partnership with the ATF, DEA, USMS, the Department of Homeland Security, Enforcement Removal Operations, and other local, state and federal agencies. The task force is charged with investigating the most egregious violent gangs and street crews operating between the District of Columbia and Prince George’s and Montgomery Counties, Maryland. Significant investigative assistance was provided in this case by the MPD’s, Narcotics and Special Investigative Division (NSID).
This case is being investigated by the FBI and MPD with the assistance of the U.S. Department of Homeland Security, Immigration and Customs Enforcement’s Homeland Security Investigations and Enforcement and Removal Operations. It is being prosecuted by Assistant U.S. Attorney Kevin L. Rosenberg of the Violent Crime and Narcotics Trafficking Section of the U.S. Attorney’s Office for the District of Columbia, and Assistant U.S. Attorney Nicholas J. Patterson detailed to JTFV.
Man Sentenced to 24 Months in Federal Prison for Assaulting Woman on Nez Perce Indian ReservationRead the Press Release
Spokane – William D. Hyslop, United States Attorney for the Eastern District of Washington, announced that Lonnie Lee Bisbee, Jr., 35, of Lenore, Idaho, and an enrolled member of the Umatilla Tribe, was sentenced after having pleaded guilty on June 10, 2020, to Assault Resulting in Substantial Bodily Injury in Indian Country. Chief United States District Judge for the District of Idaho David C. Nye sentenced Bisbee to a two-year term of imprisonment, to be followed by a three-year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, Bisbee assaulted the mother of his child while they were travelling to a doctor’s appointment. The two were travelling with their infant son and another of Bisbee’s minor children, when Bisbee pulled the vehicle over, choked the victim, and threw her to the ground. Bisbee told authorities that he placed his forearm against the victim’s neck like a “forearm shiver,” then “yanked her to the ground,” causing her head to “ping” on the roadway, face first.
United States Attorney Hyslop said, “Domestic violence against women and crimes of violence like what occurred here cannot be tolerated in our society. The United States Attorney’s Office for the Eastern District of Washington works closely with our federal, state, local and Tribal law enforcement partners in investigating and prosecuting violent crime. I commend the outstanding work of the FBI and Nez Perce Tribal Police in investigating this case. The Court’s sentence rendered here should be a message that there are repercussions and jail time awaiting those who abuse and hurt others in this manner.”
“The severe assault by Lonnie Bisbee will not only have long-lasting effects on the victim, but on the young children, who should never have to witness such violence,” said Special Agent in Charge Paul Haertel of the Salt Lake City FBI. “The FBI is committed to protecting our communities and will continue to work with our law enforcement partners and the United States Attorney's office to investigate and prosecute the most serious crimes that happen on our nation's Indian reservations.”
This case was investigated by the Lewiston, Idaho, Resident Office of the Federal Bureau of Investigation and the Nez Perce Tribal Police. This case was prosecuted by Ann T. Wick, an Assistant United States Attorney for the Eastern District of Washington, specially appointed to the District of Idaho.
Man Pleads Guilty to Cheating 1,700 Victims in $1.2 Million Loan ScamRead the Press Release
NORFOLK, Va. – A Virginia Beach man pleaded guilty today to an internet-based loan scam that cheated approximately 1,700 victims out of $1,287,000. He also pleaded guilty to a separate charge of fraudulently collecting unemployment benefits during the coronavirus pandemic.
According to court documents, Ronald A. Smith, 59, and his wife and co-defendant Terri Beth Miller, 53, set up a company called Business Development Group. Business Development Group was an internet-based business that offered, in exchange for an advance fee, to assist individuals in preparing loan applications to obtain SBA-guaranteed loans. They solicited potential customers on the basis of false, fraudulent, and misleading statements and representations, including, among others, that the company was headquartered at the Trump Building in New York and had assisted well-known large companies in obtaining SBA loans. They offered a money-back guarantee, but in fact employed various fraudulent methods to deny refunds. Smith and Miller solicited approximately 1,700 customers, who paid an aggregate sum of about $1,287,000 in advance fees. The vast majority of these customers did not receive an SBA guaranteed loan. In fact, Smith did virtually nothing to even attempt to obtain loans for their customers. Smith was convicted for nearly the identical scam back in 2006 and received a seven year sentence.
In addition, Smith made a false application to the Virginia Employment Commission for unemployment benefits, including an additional $600 per week in federal pandemic unemployment compensation authorized under the CARES Act. He falsely stated that he was not the owner or operator of a business and that he had not received income from another source. As a result of his false statements, Smith received $9,600 in federal pandemic unemployment compensation to which he was not entitled.
Smith pleaded guilty to wire fraud, engaging in monetary transactions in criminally derived property, and fraud in connection with emergency benefits. He faces a maximum penalty of 60 years in prison when sentenced on April 2, 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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after U.S. District Judge John A. Gibney, Jr. accepted the plea. Assistant U.S. Attorney Alan M. Salsbury 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. 2:20-cr-69.
Man Indicted for Impersonating Federal Law Enforcement Officer During A Protest in Downtown Las VegasRead the Press Release
LAS VEGAS Nev. — A man made his initial appearance in federal court today for impersonating a law enforcement officer during a May 2020 protest relating to the death of George Floyd, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada and Special Agent in Charge Patrick Gorman of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Zachary Sanns, 28, of New Jersey, is charged with one count of false personation of an officer or employee of the United States. U.S. Magistrate Judge Cam Ferenbach scheduled a jury trial before U.S. District Judge James C. Mahan on November 30, 2020.
According to court documents, during a protest in downtown Las Vegas on May 30, 2020, Sanns — who is not a sworn law enforcement officer — wore: (a) a tactical vest with magazine pouches and tactical patches identifying him as a federal law enforcement officer; (b) a ballistic helmet with night-vision goggles; (c) a gun belt with a pistol with an extended magazine; and (d) a Taser. In addition, Sanns had an AR-15 style rifle with an optic magnifier.
Throughout the course of the evening, the protest became boisterous, including towards officers. Sanns pretended to be a Special Agent of the Department of Homeland Security Investigations, an employee of the State Department, and a Department of Defense contractor. Further, Sanns falsely stated that he was a federal law enforcement officer and a federal agent, and sought to assist the Las Vegas Metropolitan Police Department’s response to civil unrest.
Sanns faces a statutory maximum sentence of three years in prison and a $250,000 fine. He also faces a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case is the product of an investigation by the ATF. Assistant U.S. Attorney Christopher Burton is prosecuting the case.
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Light Blub Rebate Fraud Scheme Costs Monticello Man Nearly Two Years in Federal PrisonRead the Press Release
A Monticello man who forged the signatures of a Cedar Rapids utility company’s customers as part of a $300,000 light bulb rebate form fraud scheme was sentenced today to nearly two years in federal prison.
Anthony John Harms, age 35, from Marion, Iowa, received the prison term after a March 9, 2020 guilty plea to one count of mail fraud.
At prior hearings, evidence showed that Dustin Hutcheson operated Hutch Energy, LLC, which was an energy-related services business in Marion, Iowa. Hutcheson recruited Harms into the light bulb scheme. In 2017 and 2018, Hutcheson and Harms approached small business customers of a Cedar Rapids utility company and offered to replace their existing lighting with more energy efficient LED lighting for free. They falsely claimed they could do so at no cost to the customer because of a rebate program that the utility company offered. They claimed all the customer needed to do was provide Hutcheson the paperwork, which he would complete. They told the customer to send Hutcheson the rebate check once the customer received it from the utility company. Hutcheson then submitted fraudulent invoices to the utility company, making it appear as if the customer had paid for the lighting and was entitled to a rebate. Hutcheson and Harms repeatedly forged the signatures of the utility company’s customers and Hutcheson inflated the number of bulbs installed on the rebate forms. Harms also repeatedly called the utility company’s customer service line and impersonated the customers in order to learn the status of rebate forms. In total, Hutcheson and Harms received over $300,000 in rebate moneys as a result of the fraud scheme.
Neither Hutcheson nor Harms was a licensed electrician. As a result, they risked the safety of their customers and clientele. In one case, Hutcheson’s light bulbs caused a fire in a nursing home, likely because the bulbs’ voltage was incorrect. The nursing home had to evacuate 23 residents, including elderly individuals on feeding tubes and with dementia.
Harms was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. He was ordered to make over $340,000 in restitution to the utility company, including paying the utility company’s attorney fees in responding to the government’s investigation and prosecution. Harms must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. In June 2020, Hutcheson was sentenced to 44 months’ imprisonment for his leadership role in the scheme.
As a result of having been caught using narcotics on multiple occasions while on pretrial release, Harms is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Linn County Sheriff’s Office and the United States Postal Inspection Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-106.
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Leader of cocaine trafficking organization admits guiltRead the Press Release
BRUNSWICK, GA: A Pooler man who led a drug trafficking organization that transported and distributed significant amounts of cocaine and other drugs into the coastal Georgia area awaits sentencing after admitting guilt.
Omar Griffin, 41, of Pooler, Ga., pled guilty to Conspiracy to Possess with Intent to Distribute Five Kilograms or More of Cocaine before U.S. District Court Judge Lisa Godbey Wood and now faces a minimum sentence of 15 years in prison, along with substantial fines and 10 years of supervised release after completion of any prison term.
There is no parole in the federal system.
“For at least six years, Omar Griffin played a key role in bringing cocaine and other poison into the Savannah area for mass distribution, undoubtedly ruining countless lives in the process,” said U.S. Attorney Christine. “His capture and admission of guilt caps off the outstanding investigation and prosecution of this drug trafficking organization, and serves as a warning to others engaged in such illegal trades: We will find you and shut you down.”
With the recent sentencing of Allen Grady, 43, of Port Wentworth, Ga., to 240 months in prison for Conspiracy to Commit Money Laundering, a dozen members of the conspiracy have been sentenced to prison.
Operation Snowplow was the largest single seizure of cocaine to date by the Chatham-Savannah Counter Narcotics Team (CNT). According to court documents and testimony, Griffin, who was previously convicted of cocaine trafficking, conspired with others in the organization to transport kilogram-quantities of cocaine and other drugs from Texas and California and into the Savannah area from as early as February 2014 until his capture in March 2020. The drugs were packaged in children’s toys and DVD players, concealed in cargo vans and truck trailers for shipment to Savannah, and distributed to mid-level dealers operating from several Savannah-area residences.
On March 5, 2018, law enforcement officers intercepted a shipment of 25 kilograms of cocaine that had been driven from Texas to a hotel in Richmond Hill, Ga., concealed inside a cargo trailer. Officers also seized more than $387,000 in cash that had been exchanged for the cocaine. Omar evaded capture by stealing, and then crashing, a police car. After interdicting the drugs, law enforcement executed a number of search and arrest warrants. In total in this investigation, investigators seized approximately 35 kilograms of cocaine, more than 30 pounds of marijuana, approximately $900,000 in cash, nearly two dozen firearms – including semi-automatic rifles – and other narcotics.
Griffin continued to distribute cocaine while on the run for two years until U.S. Marshals captured him in Houston in March and returned him to the Southern District for prosecution.
“This once-thriving cocaine distribution network who delivered doses of poison in the Savannah area was ultimately dismantled,” said the DEA Atlanta Field Division Special Agent in Charge Robert J. Murphy. “DEA and its law enforcement partners stand united to shut down drug trafficking organizations.”
Two members of the alleged conspiracy are still being sought: Kia Hickman, 49, of Savannah, and Jamaal Singleton, 42, of Savannah. Individuals with information on their whereabouts can anonymously contact the Chatham-Savannah Counter Narcotics Team (CNT) at 912-652-3900, or Savannah Crime Stoppers at 912-234-2020.
Operation Snowplow was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF), the premier U.S. Department of Justice program to dismantle multi-jurisdictional drug trafficking organizations, and conducted by the U.S. Drug Enforcement Administration, the U.S. Postal Inspection Service, the U.S. Marshals Service, the Chatham-Savannah Counter Narcotics Team, Savannah Police Department, Chatham County Police Department, and the Chatham County Sheriff’s Office K9 Unit and the Chatham County Aviation Unit, and prosecuted for the United States by the U.S. Attorney’s Office for the Southern District of Georgia.
Law enforcement honored by U.S. Attorney at awards ceremony in ClarksburgRead the Press Release
CLARKSBURG, WEST VIRGINIA – Eleven law enforcement members were recognized today for their outstanding work in the greater Clarksburg area.
U.S. Attorney Bill Powell recognized WV State Police Cpl. John W. Smith, FBI Special Agent Fred Aldridge, FBI Special Agent Matt Eagles, DEA Diversion Investigator Guy McCartney, DEA Diversion Investigator Chris Skaggs, WV State Police Sgt. Rob Talkington, Bridgeport Police Lt. Gary Weaver, WV State Police Task Force Commander Josh Tallman, FBI Special Agent Peter Olinits, FBI Special Agent Jared Jankowski, FBI Special Agent Justin Van Tromp, and IRS Special Agent Tami Devericks for their exemplary work.
“Honoring those who go above and beyond to protect our children, our community and our national security is a great privilege. While this year has created exceptional challenges, they continue their great work to keep our communities safer. Those honored today never seek recognition, but it is important to let the public know about the accomplishments of our law enforcement members. I thank each and every one of them for their continued service,” said Powell.
West Virginia State Police Cpl. J.W. Smith and FBI Special Agent Aldridge conducted an arduous two-year investigation resulting in the successful prosecution of former Harrison County Sheriff’s Deputy Tim Rock for distributing drugs to his confidential informants in 2016. Cpl. Smith and Special Agent Aldridge conducted dozens of interviews, often with hard-to-locate subjects, active drug users, uncooperative witnesses, and Rock himself. They poured over and organized hundreds of pages of law enforcement records and reports Their work was exceptional, and Rock’s conviction was uniquely important to the county and the law enforcement community. Rock was sentenced to more than 58 months in prison.
For the successful outcome of this case and their important roles in the investigation, the Outstanding Investigative Effort Award was given to Cpl. J.W. Smith and Special Agent Fred Aldridge.FBI Special Agent Matt Eagles, DEA Diversion Investigator Guy McCartney, DEA Diversion Investigator Chris Skaggs worked tirelessly in the prosecution of several physicians and others in a prescription drug case. The Dr. Felix Brizuela investigation began in January 2015 as a DEA investigation into Dr. Brizuela’s prescribing practices. It soon became evident that Dr. Brizuela was engaging in healthcare fraud, the FBI joined the investigation. The investigation quickly expanded to other targets, including Dr. George Naum, Sharon Jackson and Eric Drake. Investigator McCartney and Special Agent Eagles spent the next four years investigating these individuals and preparing the case for trial. Their investigation included collecting and reviewing over 650,000 documents, among which were hundreds of patient medical charts from two different medical practices. The agents executed search warrants on five physical locations and three email accounts. They also interviewed over one hundred witnesses. Ms. Jackson and Mr. Drake resolved their cases by plea agreement. Dr. Naum was found guilty after a lengthy trial and sentenced to 6 months incarceration and 6 months home confinement and ordered to forfeit over $75,000.00 in ill-gotten gains. Dr. Brizuela pled guilty last week. He was sentenced to time served which equaled six months, and three years of supervised release. During this time, he is not permitted to request a license to prescribe medications from the DEA. Investigator Guy McCartney and Special Agent Matt Eagles devoted many long and tedious hours to investigating and seeing through this complex case to prosecution, and Investigator Chris Skaggs stepped in and carried the case through to sentencing. For all of their hard work, they each received the Outstanding Investigative Effort Award.
WV State Police Sgt. Rob Talkington has been doing child exploitation cases for a long time. His experience is reflected in his poise and in his decision-making. His hard work in the Tara Ponceroff and Ian Toothman child pornography cases. A sharp eye and some excellent investigative work led law enforcement to believe that there were child pornographic images on Toothman’s phone, and that Ponceroff was the depicted female in the pictures. He was able to ascertain the identity of the victim (whose face was not visible). Both defendants pled guilty and were given severe sentences for their conduct. Toothman is serving 278 months and Ponceroff is serving 360 months. Sgt. Talkington also handled the James Smith child pornography case in which Smith, a previously convicted offender, was engaging in an extremely sexual chat with various teenaged boys. Smith pled guilty and was sentenced to 168 months in prison. Sgt. Rob Talkington was honored with the Outstanding Investigative Effort Award.
Lt. Gary Weaver with the Bridgeport Police Department is a staunch force for good in the fight against child exploitation. Lt. Weaver was a key part of the investigations into Jeremy Smith, Jack Rice, and Quionte Crawford, all child pornography cases. Rice was sentenced to 57 months in prison. Jeremy Smith pled guilty to a child pornography charge and was sentenced to 51 months in prison. Lt. Weaver put forth an extraordinary effort on the Crawford case. Crawford had befriended and groomed teenaged boys he met at youth baseball games and tournaments. Crawford groomed their parents as well. Then he would approach them on-line in the persona of a sexually eager 18-year-old girl. Lt. Weaver’s patience with the victims was exemplary. Crawford received a life sentence for his crimes. Lt. Weaver was also integral in the case against defendant James Vincent Scott. Lt. Weaver posed online as a 15 y/o female, in which Scott sent sexually explicit text to what he thought was an underage female. He solicited pictures. He then agreed to meet the “female” for sex and drove from Ohio to Bridgeport for the purpose of meeting her. Scott pled guilty and was sentenced to 50 months. Lt. Weaver received the Outstanding Investigative Effort Award.
On the evening of Monday, August 5, 2019, Task Force Commander J. M. Tallman, as well as other troopers, responded to Pocahontas County to assist in the search of an armed subject. The suspect had fired upon the Pocahontas County Sheriff and one of his deputies after a single vehicle crash and fled into a heavily wooded area. TFC Tallman and another trooper went with a Huttonsville Prison K-9 unit in an attempt to track and locate the suspect. TFC Tallman heard movement in the brush and observed the suspect appear from behind some trees with a rifle. TFC Tallman instructed the suspect to put the gun down. An exchange of gunfire ensued, and the suspect charged toward TFC Tallman. TFC Tallman was struck in the abdomen with a high-powered rifle. The round had struck TFC Tallman’s cap stun and duty belt buckle before traveling through the lower part of his Kevlar vest and into his abdomen. The suspect continued charging at TFC Tallman at which time a physical altercation ensued. TFC Tallman transitioned to his 9mm duty weapon and fired several rounds as the suspect was attempting to disarm him. TFC Tallman’s duty weapon malfunctioned and TFC Tallman transitioned back to his AR-15 and fired a single round, fatally wounding the suspect. TFC Tallman was treated on scene by Troopers and flown to Ruby Memorial Hospital via WVSP Aviation. TFC Tallman has since recovered from his injuries and continues his work. For his bravery and selflessness, Task Force Commander Josh Tallman was given the Heroic Effort Award.
FBI Special Agent Peter Olinits, IRS Special Agent Tami Devericks, FBI Special Agent Jared Jankowski, and FBI Special Agent Justin Van Tromp worked tirelessly on two cases involving Chinese nationals.
Dr. Qingyun Sun, a Chinese national, was employed by West Virginia University as a professor since 2001 and contracted to the West Virginia Development Office, within the West Virginia Department of Commerce, to act as the governor’s assistant for China affairs since 2008. Dr. James Patrick Lewis, an American citizen, was employed by WVU as a physics professor since 2006. The investigations involved countless hours of investigative work and hundreds of documents. Dr. Sun pled guilty to wire fraud and tax fraud in July 2020 and is awaiting sentencing in December 2020. Dr. Lewis pled guilty to federal program fraud in March 2020 and was sentenced to three months of incarceration and fined $9,363 for the costs of the incarceration and was ordered to pay more than $20,000 in restitution to WVU. FBI Special Agent Peter Olinits, IRS Special Agent Tami Devericks, FBI Special Agent Jared Jankowski, and FBI Special Agent Justin Van Tromp were vital to the resolutions in both cases and were presented with Outstanding Investigative Effort Awards.The ceremony was held in the Clarksburg Federal Courthouse and included remarks from U.S. Attorney Bill Powell and the presence of many local, state and federal law enforcement leaders from throughout West Virginia.
Other ceremonies were held in Martinsburg and Wheeling to honor more recipients of the U.S. Attorney Awards.
Justice Department Prevails in Class Action Seeking Release of Numerous Detainees Charged with Serious Federal CrimesRead the Press Release
BOSTON – The U.S. Attorney’s Office prevailed in a habeas class action brought by law firms WilmerHale and Todd & Weld LLP seeking the release of over 150 detainees awaiting trial on federal charges, including serious drug and gun crimes, on the ground that continued detention was unconstitutional because of the threat to health and safety posed by COVID-19.
“The COVID-19 pandemic has put enormous pressure on detention facilities,” stated United States Attorney Andrew E. Lelling. “Our law enforcement partners in Plymouth met that challenge by swiftly instituting measures to ensure the safety of detainees, staff, and the public. Consequently, they prevailed, despite the plaintiffs' insistence that the facility was still unsafe. We are pleased the Court recognized Plymouth’s efforts in this case.”
“The health and safety of the persons committed to the Department’s care and custody, the staff, and the public is of paramount importance,” Plymouth County Sheriff Joseph D. McDonald, Jr., said. “It is gratifying to see that the Court has recognized the many measures the Department has taken to protect people during this time of unprecedented challenge.”
In April 2020, the detainees filed a habeas petition challenging the conditions at the Plymouth County Correctional Facility (“PCCF”), the state jail where they are held, as inadequate to address the COVID-19 pandemic. They sought an injunction that would require the immediate release of some or all of them, as well as various other forms of relief. In May 2020, U.S. District Court Judge Leo T. Sorokin denied their request for an injunction based on the many measures and policies in place at PCCF to protect detainees and staff, but stopped short of dismissing the case at that time. In September 2020, the Court found that the detainees could not establish an entitlement to habeas relief, and that it would deny the habeas petition unless they presented additional evidence by Oct. 8, 2020. Instead, the detainees voluntarily dismissed the case.
U.S. Attorney Lelling and Sheriff McDonald made the announcement today. The case was handled by Assistant U.S. Attorneys Jason C. Weida and Rachel Goldstein of Lelling’s Civil Division, with assistance from Lisa Olson of the Justice Department’s Civil Division.
Jorge Javier Marrero Gerena Arrested on Charges of Child PornographyRead the Press Release
SAN JUAN, P.R. – Jorge Javier Marrero Gerena, owner of the charter boat company Yatea Puerto Rico, was indicted and arrested for attempted coercion and enticement of a minor, coercion and enticement of a minor, and production of child pornography, announced United States Attorney for the District of Puerto Rico, W. Stephen Muldrow. U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) is in charge of the investigation of the case.
On October 8, 2020, a federal grand jury returned an indictment charging Marrero Gerena with four counts of child exploitation. Today, HSI special agents arrested Marrero Gerena at his place of residence.
The defendant used the Yatea PR Instagram account and a WhatsApp account to communicate via text messaging with minors. According to the four-count indictment, on February 8, 2020, the defendant induced a sixteen (16) year-old female minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. Marrero Gerena is also facing two counts for using an instrumentality of interstate or foreign commerce, namely a cell phone, as well as internet text messaging services and social media direct messaging, to knowingly attempt to persuade, induce, entice, and coerce two individuals the defendant believed to be a thirteen (13) year-old female minor and a fifteen (15) year-old female minor to engage in sexual activity.
“The coercion and enticement of minors via the internet and through electronic devices to engage in otherwise illegal sexual conduct or to request and produce images of child pornography is illegal and carries serious consequences,” said U.S. Attorney Muldrow. “Requesting that a minor under the age of 18 send sexually explicit images is illegal. Be alert and report such illegal activities to law enforcement authorities. Prosecuting crimes against children is a high priority and Project Safe Childhood’s mission is focused on combatting those crimes and prosecuting those who prey on our children.”
To denounce crimes against children people may contact the Puerto Rico Crimes Against Children Task Force, at (787) 729-6969. You could also contact the FBI at (787) 987-6500.
“HSI is seeing a growing trend where children are being enticed, tricked and coerced online by adults to produce sexually explicit material of themselves,” said Ivan J. Arvelo, special agent in charge of HSI San Juan. “While we will continue to prioritize the arrest of child predators, we cannot arrest our way out of this problem: education is the key to prevention. This indictment represents a strong coordinated strike – by ICE’s Homeland Security Investigations, the U. S. Attorney’s Office and the members of the Puerto Rico Crimes Against Children Task Force– against child pornography and those who allegedly seek to harm our most vulnerable citizens, our young children. Clearly, this criminal activity has reached epidemic proportions and ICE HSI will continue to partner here and across jurisdictions to target those adults who egregiously violate the children of our communities.”
Assistant United States Attorney, and Project Safe Childhood Coordinator, Jenifer Y. Hernández Vega is responsible for the prosecution of the case. If convicted, the defendant faces a mandatory minimum sentence of fifteen (15) years imprisonment and a statutory maximum sentence of 30 years for the production of child exploitation material count, and a mandatory minimum sentence of ten (10) years with a maximum term of life imprisonment for each other count. An indictment contains only charges and is not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
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Internet Predators: Warnings & Prevention for Families During the Pandemic and BeyondRead the Press Release
ALBANY, NEW YORK - Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York, and James P. Kennedy, United States Attorney for the Western District of New York, met today with leaders of the Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), and the United States Marshals Service, along with Callahan Walsh from the National Center for Missing and Exploited Children (NCMEC), to warn the public of increased risks to children and teens from online sexual predators. In an era where children are spending more time on the Internet, it is essential that parents, guardians, educators and trusted adults know the risks and how to prevent exploitation.
“Children are spending more time online, for school, for clubs, and for playdates. Parents don’t know all the apps or how to use them, but sexual predators do. They know where the kids are and how to reach them. Just as parents taught kids to be safe at home by locking the doors at night, parents must learn how to keep kids safe online. Computers can be scary. The internet can be intimidating. But in this case, ignorance is not bliss,” said Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York. “The Department of Justice is committed to keeping kids safe. We will continue to pursue online sexual predators, and with increased awareness on the part of parents and communities, we will stop even more.”
“The borderless nature of the Internet has made these crimes which transcend jurisdictional boundaries,” stated United States Attorney Kennedy. “Cases in our district frequently involve victims in the Northern District and vice versa. Working together we will use our prosecutorial resources to do all that we can to protect our kids, but we cannot do it alone. All New Yorkers and all Americans have a duty to protect our children—both in the physical and online world.”
“Homeland Security Investigations is committed to the Safety Pledge initiative, which demonstrates a whole of government commitment to protecting and safeguarding children online,” said Kevin Kelly, HSI Special Agent in Charge. “It is a reminder that we must all dedicate ourselves to implement the critical measures at home and in our communities that are necessary to keep children safe from online predators.”
“Make no mistake about it, investigating and arresting online predators is a top priority for the FBI and our office is leading the charge locally in keeping our most vulnerable safe from the monsters who lurk behind their keyboards. These disturbing individuals are preying on innocent children online and our office is working with our partners to aggressively pursue justice for their victims,” said Thomas F. Relford, Special Agent in Charge, Federal Bureau of Investigation, Albany Field Office.
“At NCMEC, we are dedicated to fighting child sexual abuse online wherever we find it and working to prevent the future victimization of children,” said Callahan Walsh, NCMEC Child Advocate. “With increased screen time experienced by both adults and children during the pandemic, the opportunities for exploiters to pray on our kids has only increased and we encourage parents to talk to their kids about being safe online.”
Lisa Fletcher, the Assistant United States Attorney who oversees the prosecutions of these cases in the Northern District of New York, and has seen hundreds in our district says, “Ensuring the safety of our children is the most important job any of us will ever have. We must all educate ourselves and talk to our children about the risks inherent in the open access the Internet provides. Talk to your kids about what sites they are visiting, what apps they use, whom they are texting and messaging, what kinds of pictures they take of themselves, and what kinds of pictures other people send to them. Encourage them to share with you anything makes them uncomfortable, whether an image, a message, or a solicitation. Showing that you care will go a long way with a child, and that in turn will go a long way in keeping them safe.”
Prevention is key. There are resources available for parents, teachers, and our kids from kindergarten through high school.
- NetSmartz has a number of websites with tool kits, games, videos for all ages, PowerPoints for educators, Tip Sheets and more. Go to NetSmartz.org
- Homeland Security Investigations and NCMEC just launched their SafetyPledge campaign, encouraging parents to pledge to talk with their children about this threat. Their website includes a tool kit packed with information. Go to SafetyPledge.org
- The Federal Bureau of Investigation’s website, entitled Safe Online Surfing, has resources categorized from 3rd grade through 8th grade, for teachers and students. Go to SOS.FBI.gov
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Oct. 6 was:
Dee Bad Bear, 59, of Crow Agency, on charges of assault with a dangerous weapon. If convicted of the most serious crime, Bad Bear faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Bad Bear was detained pending further proceedings. The FBI investigated the case. PACER case reference. 20-105.
Tracy Fonda Flanigan, 46, of Livingston, on charges of false statement during a firearms transfer, transfer of firearm to a prohibited person and false statement. If convicted of the most serious crime, Flanigan faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Flanigan was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 20-108.
Robert Nolan Dawes, 40, of Crow Agency, on charges of assault of dating partner/strangulation and assault resulting in serious bodily injury. If convicted of the most serious crime, Dawes faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Dawes was detained pending further proceedings. The FBI investigated the case. PACER case reference. 20-107.
Micah Garrett Waltenbaugh, 33, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Waltenbaugh faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Waltenbaugh was detained pending further proceedings. The FBI Western Transnational Organized Crime Task Force and Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 20-113.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Oct. 6 was:
Matthew Douglas Webb, 26, of Great Falls, on charges of prohibited person in possession of firearms. If convicted of the most serious crime, Webb faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Webb was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Department investigated the case. PACER case reference. 20-62.
Rachelle Jo Kolden, 38, of Great Falls, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Kolden faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Kolden was detained pending further proceedings. The Drug Enforcement Administration and the Great Falls Police Department investigated the case. PACER case reference. 20-73.
Joseph Tyler Henderson, 27, of Havre, on charges of assault by strangulation and assault resulting in substantial bodily injury. If convicted of the most serious crime, Henderson faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Henderson was released pending further proceedings. The FBI and Rocky Boy's Police Department investigated the case. PACER case reference. 20-66.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Illegal alien sentenced to federal prison for attempting to lure teen for sexRead the Press Release
BRUNSWICK, GA: A Mexican national who attempted to lure a young teen for sexual activity has been sentenced to more than six years in federal prison.
Alvaro Hernandez, 36, of Bristol, Ga., a citizen of Mexico illegally present in the United States, was sentenced to 76 months in federal prison by U.S. District Court Judge Lisa Godbey Wood after pleading guilty to Attempted Coercion and Enticement, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Herndandez will be required to register as a sex offender and to serve 10 years of supervised release after completion of his prison sentence.
There is no parole in the federal system.
“Alvaro Hernandez was enjoying his illegal access to the American dream, living and working in rural Georgia, when he tried to pay for sex with someone he believed was a child,” said U.S. Attorney Christine. “Our law enforcement partners helped protect our community from this predator by intercepting him during the perverted attempt.”
According to court documents and testimony, in March 2019, investigators with the U.S. Naval Criminal Investigative Service (NCIS) and the Camden County Sheriff’s Office, along with the Internet Crimes Against Children Task Force, conducted a joint operation targeting child predators operating near Submarine Base Kings Bay. Hernandez, who responded to an internet message purporting to be from a 14-year-old offering sex for money, was arrested after he drove from his residence in Pierce County, Ga., and arrived at what he believed was the teen’s residence in St. Mary’s, Ga.
“This sentencing should serve as a warning that sexual predators who target vulnerable children will be fully investigated and prosecuted,” said NCIS Southeast Field Office Special Agent in Charge Thomas Cannizzo. “NCIS is grateful to the Camden County Sheriff’s Office for its continued partnership in keeping communities where Navy and Marine Corps families live safe.”
The case was prosecuted by Special Assistant U.S. Attorney Katelyn Semales and Assistant U.S. Attorney and Organized Crime Drug Task Force Coordinator Marcela C. Mateo.
Houston-Area Physician and Anesthesiologist Sentenced to 84 Months in Prison for Role in Health Care Benefit SchemeRead the Press Release
A Houston-area physician and anesthesiologist at two registered pain clinics, Texas Pain Solutions and Integra Medical Clinic, was sentenced today to seven years in prison for his role in fraudulently billing health care programs for at least $5 million dollars in medical tests and procedures, and for the role his fraud played in multiple patient deaths.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Ryan K. Patrick of the Southern District of Texas, Montgomery County District Attorney Brett Ligon, Special Agent in Charge Will R. Glaspy of the Drug Enforcement Administration’s (DEA) Houston Division, and Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office made the announcement.
Rezik Saqer, 66, of Houston, Texas, was sentenced by Chief U.S. District Judge Lee H. Rosenthal of the Southern District of Texas. Chief Judge Rosenthal also ordered the defendant to pay $5 million in restitution. Saqer pleaded guilty on July 3, 2019, to one count of conspiracy to commit health care fraud.
According to the evidence presented at sentencing, Saqer’s health care fraud scheme involved luring vulnerable patients to his clinics by prescribing powerful opioid narcotics, and then requiring the patients to submit to unnecessary and dangerous procedures and tests, which were often performed by Saqer’s unlicensed staff and fraudulently billed to health care providers. Saqer’s scheme contributed to multiple overdose deaths, as well as the death of a young family in an auto accident involving one of Saqer’s patients, according to the evidence.
According to the court’s judgment, Saqer was responsible for fraudulently billing health care providers for at least $14,665,357.54.
This case was investigated by the Montgomery County District Attorney’s Office, DEA, FBI, IRS-Criminal Investigation, Health and Human Services-Office of Inspector General, Conroe Police Department, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Texas Department of Insurance. Trial Attorneys Drew Pennebaker and Devon Helfmeyer of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Tina Ansari of the Southern District of Texas are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
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.
Granger, Indiana Man Sentenced to 30 Years in PrisonRead the Press Release
SOUTH BEND –Jonathan Kassay, 50, of Granger, Indiana was sentenced by United States District Court Judge Damon R. Leichty upon his plea of guilty to production of child pornography, announced U.S. Attorney Kirsch.
Mr. Kassay was sentenced to 360 months in prison, 5 years of supervised release and ordered to pay $12, 219.04 in restitution.
United States Attorney Thomas L. Kirsch II said, “Protecting children from child predators is one of our top priorities. Children are nearly defenseless to save themselves from abuse. Our investigative partners are some of the best in the world at working these cases, and today’s sentence should serve as a reminder that my Office will work diligently and aggressively to put child predators behind bars.”
According to documents filed in this case, in 2017 Mr. Kassay used minors to engage in sexually explicit conduct for the purpose of producing child pornography.
“This case is a reminder that child pornography is a serious crime – one that can cause sometimes irreparable harm to children. While this sentence can’t undo that damage, it does ensure the defendant will never be able to hurt anyone else,” said FBI Indianapolis Special Agent in Charge Paul Keenan. “It also sends a strong message that there is no place in our communities for those who prey on vulnerable children. The FBI and our law enforcement partners will continue to aggressively target those who exploit children.”
This case was investigated by the Federal Bureau of Investigation. The case was handled by Assistant U.S. Attorney John M. Maciejczyk.
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Franklin County Man Charged with Production of Images Depicting the Sexual Abuse of A ChildRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Paul Robinson, age 31, of Chambersburg, Pennsylvania, was indicted on October 7, 2020, by a federal grand jury on child pornography charges.
According to United States Attorney David J. Freed, the indictment alleges that Robinson produced images depicting the sexual abuse of a minor less than one year old (Counts 1 through 3), then distributed those images over the internet (Count 2). After obtaining a search warrant, federal law enforcement officers searched the defendant’s home and located additional images and videos containing child pornography (Count 3).
Homeland Security Investigations and the Pennsylvania State Police investigated the case. Assistant U.S. Attorney Daryl F. Bloom is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court. The maximum penalty under federal law for each of Counts 1 through 3 is 30 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Each offense carries a mandatory term of imprisonment of 15 years. The maximum penalty for Count 2 is 20 years of imprisonment, a term of supervised release following imprisonment, and a $25,000 fine. The offense carries a mandatory term of imprisonment of five years. Due to the age of the victim, the maximum penalty for Count 3 is 20 years of imprisonment, a term of supervised release following imprisonment, and a $25,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Four Individuals Are Charged for Operating as "Money Mules" in Separate Business Email Compromise SchemesRead the Press Release
CHARLOTTE, N.C. – Andrew Murray, U.S. Attorney for the Western District of North Carolina, announced today federal charges against four individuals, for operating as “money mules” in two separate business email compromise schemes.
A business email compromise scheme, or BEC, is a sophisticated scam, often targeting businesses involved in wire transfer payments. The fraud is carried out by compromising and/or “spoofing” legitimate business email accounts through social engineering or computer intrusion techniques, to cause employees of the victim company (or other individuals involved in legitimate business transactions) to transfer funds to accounts controlled by scammers. In addition to targeting businesses, BEC scams also often target individual victims, convincing victims to make wire transfers to bank accounts controlled by the scammers.
U.S. vs. Okwara
On September 17, 2020, a federal grand jury sitting in Charlotte returned a criminal indictment against Chukwudi Michael Okwara, 40, of Charlotte, for his involvement in a BEC scheme that defrauded at least six companies of approximately $2 million.
According to allegations contained in the indictment, beginning in November 2018, Okwara, who also goes by “Collins Bird” and “Larry Eugene Coleman,” used fake documents to open multiple “money mule” bank accounts. Money mule accounts are bank accounts used by fraudsters as a pass-through means of moving fraudulently obtained funds. As alleged in the indictment, Okwara used the money mule accounts to receive and launder the proceeds of business email compromise (BEC) scams perpetrated on the victim companies. Okwara also allegedly used false identities and conducted financial transactions with the fraudulently obtained proceeds in order to conceal their origins.
Okwara is charged with 27 counts of money laundering, which carry a maximum sentence of 20 years and a $500,000 fine per count; five counts of conducting financial transactions with illegal proceeds, which carry a maximum prison sentence of 10 years and a $250,000 fine per count; two counts of submitting false documents to banks, which carry a maximum prison term of 30 years and a $1,000,000 fine per count; and two counts of aggravated identity theft, which carry a mandatory minimum sentence of two years in prison, per count, to be served consecutively to any other sentence imposed.
Okwara had his initial appearance today before U.S. Magistrate Judge David C. Keesler. Okwara’s next court hearing is set for October 15, 2020, in Charlotte.
U.S. vs. Johnson et al.
A second indictment related to BEC fraud charges Linda Dianne Johnson, 70, of Charlotte, Wanda Jackson Barker, 71, of Athens, Texas, and Olayinka Agboola, 54, of Chicago, Illinois, with conspiracy to commit money laundering. Johnson is also charged with two counts of conducting financial transactions with illegal proceeds.
The indictment was returned on September 16, 2020, and was unsealed earlier this week. According to allegations in the indictment, Johnson, Barker, and Agboola operated as money mules and conspired to launder at least $575,000 derived from a fraudulent BEC scheme. The indictment alleges that the co-conspirators tricked the United States Department of State and a non-profit agency into wiring proceeds into bank accounts controlled by Johnson. Upon receipt of the fraud proceeds, Johnson, Barker, and Agboola executed financial transactions for the purpose of enriching themselves and their co-conspirators.
Johnson is set to appear in court in Charlotte on October 22, 2020. Barker’s initial appearance has been set for November 9, 2020. Agboola has not been arrested yet.
The money laundering conspiracy charge carries a maximum sentence of 20 years in prison and a $500,000 fine. Johnson faces a maximum sentence of 10 years in prison and a $250,000 fine for each charge of conducting financial transactions with illegal proceeds.
The charges in the indictments are allegations and the defendants are presumed innocent unless and until proven guilty beyond reasonable doubt in a court of law.
In making today’s announcement, U.S. Attorney Murray thanked the investigating efforts of the U.S. Postal Inspection Service, the FBI, and U.S. Department of State, Office of the Inspector General, which led to the indictments.
Assistant United States Attorney Matt Warren is in charge of the prosecution against Okwara. Assistant United States Attorneys Caryn Finley and Graham Billings are handling the prosecution against Johnson, Barker and Agboola.
Former Missouri Resident Sentenced to Prison for Defrauding Dozens in Odometer Roll Back SchemeRead the Press Release
WILFRED J. ALBANESE, 50, formerly of Waterbury, Connecticut and Blue Springs, Missouri, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 42 months of imprisonment, followed by three years of supervised release, for fraud and identity theft offenses stemming from the sale of numerous used vehicles with altered odometers.
According to court documents and statements made in court, between approximately August 2014 and October 2015, Albanese, while residing in Missouri, sold approximately 43 vehicles with altered odometers to unsuspecting purchasers. As part of the scheme, Albanese purchased high-mileage used vehicles and then used a variety of means to alter or reduce the mileage shown on the vehicles’ odometers. He also concealed mechanical issues with those vehicles by removing “check engine” lights from the instrument panels, providing buyers with phony maintenance receipts and vehicle history reports, and concealing rust and other damage to the vehicle through paint or other means. Albanese obtained Certificates of Title for the used vehicles he purchased. Under the assumed identities of the persons listed on those Certificates of Title, he advertised and sold the vehicles to customers on Craigslist.org. Most of the victim purchasers resided in Missouri.
Judge Shea ordered Albanese to pay $51,600 in restitution.
On May 22, 2019, a grand jury in the Western District of Missouri returned a 20-count indictment charging Albanese and his accomplice with offenses related to this scheme. Albanese was located and arrested in New London, Connecticut, on July 18, 2019. The case was subsequently transferred from the Western District of Missouri to the District of Connecticut for further prosecution.
Albanese has been detained since his arrest. On July 15, 2020, he pleaded guilty to one count of wire fraud and one count of aggravated identity theft.
Albanese’s criminal history includes 12 convictions for fraud, larceny, burglary and other offenses.
This matter has been investigated by the U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA), Office of Odometer Fraud Investigation, and the Missouri State Highway Patrol, with the assistance of the U.S. Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Natasha Freismuth of the District of Connecticut, and Assistant U.S. Attorney Brian Casey of the Western District of Missouri.
NHTSA estimates that odometer fraud in the U.S. results in consumer losses of more than $1 billion annually. Individuals with information relating to odometer tampering should call NHTSA’s odometer fraud hotline at (888) 327-4236 or (202) 366-4761. More information on odometer fraud is available on the NHTSA website at https://www.nhtsa.gov/odometer-fraud.
Former Long Island Liquor Distributor Sentenced to 24 Months in Prison for Defrauding Investors in Wine Product Featured on “Shark Tank” TV ShowRead the Press Release
Earlier today, in federal court in Central Islip, Joseph Falcone, who formerly operated a wine and liquor distribution business known as 3G’S VINO LLC, was sentenced by United States District Judge Sandra J. Feuerstein to 24 months’ imprisonment for wire fraud in connection with his scheme to defraud investors. As part of the sentence, Falcone was ordered to pay $1.8 million in restitution to seven of 3G’S investors. Falcone pleaded guilty in June 2019.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, announced the sentencing.
“Falcone’s victims were reeled in by his “Shark Tank” pitch, but with today’s sentence, the defendant is now squarely on the hook for his crimes,” stated Acting United States Attorney DuCharme. “This Office remains committed to prosecuting those who mislead the public and abuse the trust placed in them to engage in fraud against their own investors.” Mr. DuCharme thanked the Federal Bureau of Investigation, New York Field Office, for its outstanding investigative work on the case.
In December 2012, Falcone established 3G’S, which was based in Bethpage and Farmingdale, New York. Among other products, 3G’S distributed a single-serving wine in a sealed glass, which was featured on the television program “Shark Tank.” Between September 2014 and November 2015, Falcone solicited investments and promised potential investors that their money would be used to fund 3G’S by purchasing the single-serving wine product. Relying on those promises, investors wired money to bank accounts in Florida controlled by Falcone. Rather than invest the money as promised, Falcone used approximately $527,064 for his personal benefit – paying off the mortgage on a residence in Florida and funding his online securities trading.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Bradley T. King and Madeline M. O’Connor are in charge of the prosecution.
The Defendant:
JOSEPH FALCONE
Age: 60
Rockledge, FloridaE.D.N.Y. Docket No. 19-CR-257 (SJF)
Former Commander of Naval Station Guantanamo Bay Sentenced to PrisonRead the Press Release
A former Commander of Naval Station Guantanamo Bay (GTMO) was sentenced to 24 months in federal prison following his multiple convictions of obstructing justice and making false statements, in connection with the death of a civilian at the naval base.
Following a five- day trial, on Jan. 17, 2020, a federal jury in the Middle District of Florida convicted Captain John Nettleton, 53, of Jacksonville, Florida, of two counts of obstruction of justice, one count of concealment of material facts, one count of falsification of records, and two counts of making false statements, all related to his actions during the Navy’s investigation of the death of Christopher M. Tur, the Loss Prevention Safety Manager at GTMO’s Naval Exchange.
Nettleton was sentenced by U.S. District Judge Timothy J. Corrigan who also ordered Nettleton to serve one year of supervised release.
Tur, 42, was found drowned in the waters of Guantanamo Bay on Jan. 11, 2015. An autopsy revealed that Tur had suffered injuries prior to his drowning. At the time of Tur’s death, Nettleton was the commanding officer of GTMO.
“Nettleton misled and obstructed the investigators attempting to determine what happened to Mr. Tur, and this sentence ensures that he will pay a heavy price,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “That price, however, pales in comparison to that paid by the family of Mr. Tur, whose pain was compounded by Nettleton’s actions. The Department of Justice was proud to work closely with the Naval Criminal Investigative Service (NCIS) to hold Nettleton accountable for his obstruction, concealment, and false statements.”
“By deliberately misleading NCIS in the search for Mr. Tur and the ensuing investigation into the circumstances of his death, Captain Nettleton delayed justice and wasted valuable Department of the Navy resources,” said Special Agent in Charge Thomas Cannizzo of the NCIS Southeast Field Office. “NCIS is dedicated to holding accountable those who unlawfully impede investigations."
The facts developed at trial showed that Tur confronted Nettleton at a party at the GTMO Officers’ Club on Jan. 9, 2015, with allegations that Nettleton and Tur’s spouse had engaged in an extramarital affair. Later that same evening, Tur went to Nettleton’s residence and a physical altercation ensued that left Tur injured. Tur was reported missing on Jan. 10, 2015, by other residents of GTMO. Despite knowing that Tur had been at his residence and injured during the altercation, Nettleton falsely informed his superior officers and other Navy personnel that Tur had last been seen at the Officer’s Club the night before. Nettleton also did not report that Tur had accused him of the extramarital affair, that Nettleton and Tur had engaged in a physical altercation at Nettleton’s residence, or that Tur had been injured. Nettleton persisted in this concealment and these false statements as the search for Tur and then the investigation into the circumstances of his death continued.
NCIS investigated the case and Deputy Chiefs Todd Gee and Peter M. Nothstein of the Criminal Division’s Public Integrity Section prosecuted the case.
Five Defendants Charged in Methamphetamine ConspiracyRead the Press Release
A fourth defendant involved in a methamphetamine drug conspiracy was arrested by U.S. Marshals Thursday in West Tulsa and made an initial appearance today in U.S. District Court, announced U.S. Attorney Trent Shores.
Tina Marie Tankersley, 33, of Tulsa, was one of five defendants named in an August 2020 indictment charging the defendants with drug conspiracy and other crimes.
Also charged with drug conspiracy were Charles Dean Studie, 36; Albert Douglas Parker, 35; Sydney Daloise Courtney, 28; and Marty Jay Foster, 52, all of Tulsa. The defendants allegedly conspired to distribute 50 grams or more of pure methamphetamine in the Tulsa area. Defendant Marty Foster remains at large and is wanted by the U.S. Marshals Service.
“Drug traffickers should know that our team of prosecutors and agents will disrupt and dismantle their operations and bring them to account in a federal courtroom,” said U.S. Attorney Trent Shores. “Keeping our neighborhoods safe is a top priority for all of us in the law enforcement community. I appreciate DEA Tulsa and Sheriff Regalado teaming up to take down these alleged meth-dealing criminals.”
“The Deputies that make up our Tulsa Housing Authority Community Enhancement Unit are dedicated to the safety and security of the families that live within the THA complexes,” said Tulsa County Sheriff Vic Regalado. “There’s no doubt in my mind the people who live in these complexes are safer now that this drug operation is shut down. We are extremely proud of the work of our Tulsa County Sheriff’s Office Community Enhancement Unit.”
The indictment also charged Tankersley and Parker with maintaining a drug involved premises at 1503 West 59th St. South in Tulsa. Studie is also charged with possession of a firearm in furtherance of drug trafficking crimes and felon in possession of firearms and ammunition. Studie and Courtney are also charged with maintaining a drug involved premises at 1622 West 59th Street South in Tulsa.
The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
The Tulsa County Sheriff’s Office and Drug Enforcement Administration are the investigative agencies. Assistant U.S. Attorney Christopher J. Nassar is prosecuting the case.
Felon sentenced to more than five years in prison for arsenal of ‘ghost guns’ and smuggled silencersRead the Press Release
Seattle – A 41-year-old Seattle man was sentenced today in U.S. District Court in Seattle to 70 months in prison for being a felon in possession of a firearm and smuggling, announced U.S. Attorney Brian T. Moran. NATHAN BRASFIELD was arrested in February 2020 when agents seized 17 pistols and 24 rifles from his home—most of the firearms had been manufactured at his residence as ‘ghost guns’—guns without any serial numbers or registration. At the sentencing hearing, U.S. District Judge Richard A. Jones said he was very concerned about the sheer volume of guns and silencers BRASFIELD possessed. “You have your own perception of the 2nd Amendment. Your perception is completely inconsistent with the law and will continue to land you in prison,” Judge Jones said.
“Undeterred by previous convictions and supervision from federal probation, this defendant built an arsenal of illegal weapons in his home and imported silencers from China,” said U.S. Attorney Moran. “It is shocking conduct demonstrating this defendant’s abject refusal to follow the law. I hope this prison time will break his cycle of lawlessness.”
According to records filed in the case, in December 2019 Customs and Border Protection (CBP) inspected a package from China that was labeled “aluminum tubes.” The package, addressed to BRASFIELD, actually contained five firearm silencers, which are illegal to possess under federal law. In February 2020, agents executed a search warrant at BRASFIED’s residence and seized numerous home manufactured firearms that did not contain serial numbers. These ‘ghost guns’ are illegal for BRASFIELD to possess. Further, BRASFIELD illegally possessed more than 300 pounds of ammunition. Agents also seized the gun manufacturing equipment known as a ‘ghost gunner.’ Ten illegal silencers were also seized.
“Brasfield’s sentencing today is a clear message to those who so blatantly disregard the law,” said ATF Seattle Field Division Special Agent in Charge Jonathan T. McPherson. “Convicted felons who are prohibited from owning firearms and attempt to skirt the law will be caught and prosecuted.”
“Brasfield has a lengthy criminal history and has shown time and time again that he has no regard for the law,” said Acting Special Agent in Charge of Homeland Security Investigations Seattle Eben Roberts. “A repeat felon, caught in possession of an illegally modified automatic firearm, is nothing short of a recipe for disaster. Brasfield, and criminals like him, should take today’s sentence as a stern warning. HSI and our law enforcement partners, working together, will seek, investigate, and ultimately bring to justice all those who seek to disregard our nation’s laws.”
In 2015, BRASFIELD was convicted of being a felon in possession of a firearm and was sentenced to 48 months in prison. He was on supervised release for that crime when he committed the current crimes. Previously, BRASFIELD was prosecuted in state court for crimes ranging from burglary to possession of stolen property. In 2002, he was arrested and prosecuted in state court for sending harassing messages as part of an effort to intimidate a person who was associated with animal research.
The case was investigated by Homeland Security Investigations (HSI) and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
The case is being prosecuted by Assistant United States Attorney Thomas Woods.
Federal Jury Convicts Getaway Driver of Two Armed Business Robberies and Firearm OffensesRead the Press Release
Memphis, TN – After a three-day jury trial with proper COVID-19 health and safety protocols, Frederick Coleman, 29, was found guilty of conspiracy to commit multiple armed business robberies and brandishing a firearm during crimes of violence, in the first post-COVID-19 federal trial held in Memphis. D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee announced the guilty verdict today.
According to information presented in court, from July 8, 2019-July 15, 2019, Coleman and co-defendant Raphael Hall, committed three armed business robberies at the following locations in Memphis: Dixie Queen at 4092 S. Third Street; Waffle House at 4313 American Way; and Captain D’s at 2238 Frayser Boulevard. Hall was the gunman and Coleman served as the lookout and getaway driver in the robberies. In the Waffle House robbery, Coleman entered the business, but stayed at the door holding a silver revolver, while Hall pointed a shotgun at the cashier and then took the money.
On January 14, 2020, a federal grand jury returned an indictment against Hall and Coleman, charging them with the 3 business robberies affecting interstate commerce and brandishing a firearm during those crimes of violence. On September 15, 2020, Hall pled guilty as charged, and has yet to be sentenced.
On October 8, 2020, the jury found Coleman guilty of the robberies and firearms offenses involving the Waffle House and Captain D’s businesses. The jury was unable to reach a verdict as to the charges involving the Dixie Queen.
Sentencing is set for January 8, 2021, before U.S. District Court Judge Jon P. McCalla, where Coleman faces sentences of up to 20 years in federal prison and $250,000 fine for each of the business robberies, and a mandatory minimum consecutive sentence of 7 years imprisonment for each firearm offense.
U.S. Attorney D. Michael Dunavant said: "Business owners and employees have a fundamental right to be safe from armed robbers who terrorize our communities with their lawlessness. The senselessness of gun violence has a long lasting effect on victims of armed robbery, and we will no longer allow gun crime to rule our streets. This verdict sends a clear message that there will always be a reckoning, a real and significant consequence, for the commission of violent crimes."
The FBI’s Safe Street Task Force investigated this case.
Assistant U.S. Attorney Kevin Whitmore is prosecuting this case on behalf of the government.
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Federal Inmates Plead Guilty to Weapon ChargesRead the Press Release
BECKLEY, W.Va. -- United States Attorney Mike Stuart announced today that two federal inmates pled guilty to possessing weapons. Tyrice Perkins, 24, and Troy Covington, 20, inmates at the Federal Correctional Institution (FCI) at Beckley, both admitted to possessing a handcrafted weapon, commonly known as a “shank.”
“We will prosecute every federal inmate found to be in possession of a weapon,” said United States Attorney Mike Stuart. “Those prisoners should expect another conviction and a longer prison stay.”
Perkins admitted that on February 9, 2020, he possessed a handcrafted weapon known as a shank. A staff member at the prison saw Perkins drop the shank in the chow hall. The staff member then recovered the weapon.
Covington admitted that on February 8, 2020, he also possessed a handcrafted weapon while he was an inmate at the FCI in Beckley. A staff member at the prison found the shank concealed in a pair of shorts Covington was wearing.
Both defendants admitted that the shanks were designed and intended to be used as a weapon.
Both Perkins and Covington face up to five years in prison, to be served consecutively to the sentences they are now serving. Sentencing for both defendants is set for January 22, 2021.
The case was investigated by the Federal Bureau of Prisons (BOP). Assistant United States Attorneys John L. File and Timothy D. Boggess are handling the prosecutions. United States District Judge Frank W. Volk presided over the plea hearings.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 5:20-cr-00179 (Perkins) and 5:20-cr-00178 (Covington).
Follow us on Twitter: SDWVNews and USAttyStuart
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Federal Indictment Charges Man with Using Explosive Device to Damage Suburban Chicago RestaurantRead the Press Release
CHICAGO — A man has been arrested on a federal criminal charge for allegedly using an explosive device to damage a suburban Chicago restaurant.
DIEGO VARGAS, 24, is charged with one count of maliciously attempting to damage and destroy a building by means of an explosive device, according to an indictment unsealed Thursday in U.S. District Court in Chicago. Vargas allegedly used the explosive device at the Egg Harbor Cafe in Naperville, Ill., on June 1, 2020.
The federal charge is punishable by a minimum sentence of five years in federal prison and a maximum of 20 years.
Vargas, whose most recent address is unknown, was arrested Wednesday night. A detention hearing is scheduled for today at 1:00 p.m. before U.S. Magistrate Judge Heather K. McShain in Chicago.
The indictment and arrest were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. The Naperville Police Department and Aurora Police Department provided valuable assistance. The government is represented by Assistant U.S. Attorney Barry Jonas.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Federal Court Issues Temporary Restraining Order Against El Paso Man Offering Fraudulent Coronavirus Prevention TreatmentsRead the Press Release
Federal authorities have obtained a civil injunction against 39-year-old El Paso resident Hugo Chico in an effort to combat alleged fraud related to the coronavirus (COVID-19) pandemic, announced U.S. Attorney John F. Bash; Acting Homeland Security Investigations (HSI) Special Agent in Charge Erik P. Breitzke, El Paso Division; and, Texas Department of Public Safety Director Steven C. McCraw.
The purpose of the civil injunction is to stop Chico’s sale of fraudulent COVID-19 prevention treatments through his business and his Facebook webpage, “Centro de Medicina Fisica y Rehabilitacion.” According to court records, Chico allegedly met with undercover agents on October 5, 2020 to sell, and administer, COVID-19 prevention treatments.
This action will ensure Chico, and any others working with him, stop advertising or performing any COVID-19 treatments. In so doing, the government is employing a federal statute that permits federal courts to issue injunctions to prevent harm to potential victims of fraudulent schemes.
HSI El Paso is seeking to warn members of the public who received unauthorized COVID-19 prevention treatments from Chico in the last several weeks. Individuals who received treatment are asked to contact HSI by calling (915) 730-7012. Those individuals are also encouraged to contact their primary care physician, local health department, free standing ER, or nearby urgent care facility for COVID-19 testing.
This enforcement action is being prosecuted by Assistant U.S. Attorneys Kirk Mangels and Eddie Castillo of the Western District of Texas. HSI El Paso and the Texas Department of Public Safety are conducting the investigation.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendant.
The Department of Justice recommends that Americans take the following precautionary measures to protect themselves from known and emerging scams related to COVID-19:
- Independently verify the identity of any company, charity, or individual that contacts you regarding COVID-19.
- Check the websites and email addresses offering information, products, or services related to COVID-19. Be aware that scammers often employ addresses that differ only slightly from those belonging to the entities they are impersonating. For example, they might use “cdc.com” or “cdc.org” instead of “cdc.gov.”
- Be wary of unsolicited emails offering information, supplies, or treatment for COVID-19 or requesting your personal information for medical purposes. Legitimate health authorities will not contact the general public this way.
- Do not click on links or open email attachments from unknown or unverified sources. Doing so could download a virus onto your computer or device.
- Make sure the anti-malware and anti-virus software on your computer is operating and up to date.
- Ignore offers for a COVID-19 vaccine, cure, or treatment. Remember, if a vaccine becomes available, you won’t hear about it for the first time through an email, online ad, or unsolicited sales pitch.
- Check online reviews of any company offering COVID-19 products or supplies. Avoid companies whose customers have complained about not receiving items.
- Research any charities or crowdfunding sites soliciting donations in connection with COVID-19 before giving any donation. Remember, an organization may not be legitimate even if it uses words like “CDC” or “government” in its name or has reputable looking seals or logos on its materials. For online resources on donating wisely, visit the Federal Trade Commission (FTC) website.
- Be wary of any business, charity, or individual requesting payments or donations in cash, by wire transfer, gift card, or through the mail. Don’t send money through any of these channels.
- Be cautious of “investment opportunities” tied to COVID-19, especially those based on claims that a small company’s products or services can help stop the virus. If you decide to invest, carefully research the investment beforehand. For information on how to avoid investment fraud, visit the U.S. Securities and Exchange Commission (SEC) website.
For the most up-to-date information on COVID-19, consumers may visit the Food and Drug Administration, Centers for Disease Control and Prevention (CDC) and WHO websites.
In addition, the public is urged to report suspected fraud schemes related to COVID-19 by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at [email protected].
For information about the Department of Justice’s efforts to stop COVID-19 fraud, visit www.justice.gov/coronavirus.
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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.
Federal Court Issues Temporary Restraining Order Against El Paso Man Offering Fraudulent Coronavirus Prevention TreatmentsRead the Press Release
Federal authorities have obtained a civil injunction against 39-year-old El Paso resident Hugo Chico in an effort to combat alleged fraud related to the coronavirus (COVID-19) pandemic, announced U.S. Attorney John F. Bash; Acting Homeland Security Investigations (HSI) Special Agent in Charge Erik P. Breitzke, El Paso Division; and, Texas Department of Public Safety Director Steven C. McCraw.
The purpose of the civil injunction is to stop Chico’s sale of fraudulent COVID-19 prevention treatments through his business and his Facebook webpage, “Centro de Medicina Fisica y Rehabilitacion.” According to court records, Chico allegedly met with undercover agents on October 5, 2020 to sell, and administer, COVID-19 prevention treatments.
This action will ensure Chico, and any others working with him, stop advertising or performing any COVID-19 treatments. In so doing, the government is employing a federal statute that permits federal courts to issue injunctions to prevent harm to potential victims of fraudulent schemes.
HSI El Paso is seeking to warn members of the public who received unauthorized COVID-19 prevention treatments from Chico in the last several weeks. Individuals who received treatment are asked to contact HSI by calling (915) 730-7012. Those individuals are also encouraged to contact their primary care physician, local health department, free standing ER, or nearby urgent care facility for COVID-19 testing.
The enforcement action taken today is being prosecuted by Assistant U.S. Attorneys Kirk Mangels and Eddie Castillo of the Western District of Texas. HSI El Paso and the Texas Department of Public Safety are conducting the investigation.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendant.
The Department of Justice recommends that Americans take the following precautionary measures to protect themselves from known and emerging scams related to COVID-19:
- Independently verify the identity of any company, charity, or individual that contacts you regarding COVID-19.
- Check the websites and email addresses offering information, products, or services related to COVID-19. Be aware that scammers often employ addresses that differ only slightly from those belonging to the entities they are impersonating. For example, they might use “cdc.com” or “cdc.org” instead of “cdc.gov.”
- Be wary of unsolicited emails offering information, supplies, or treatment for COVID-19 or requesting your personal information for medical purposes. Legitimate health authorities will not contact the general public this way.
- Do not click on links or open email attachments from unknown or unverified sources. Doing so could download a virus onto your computer or device.
- Make sure the anti-malware and anti-virus software on your computer is operating and up to date.
- Ignore offers for a COVID-19 vaccine, cure, or treatment. Remember, if a vaccine becomes available, you won’t hear about it for the first time through an email, online ad, or unsolicited sales pitch.
- Check online reviews of any company offering COVID-19 products or supplies. Avoid companies whose customers have complained about not receiving items.
- Research any charities or crowdfunding sites soliciting donations in connection with COVID-19 before giving any donation. Remember, an organization may not be legitimate even if it uses words like “CDC” or “government” in its name or has reputable looking seals or logos on its materials. For online resources on donating wisely, visit the Federal Trade Commission (FTC) website.
- Be wary of any business, charity, or individual requesting payments or donations in cash, by wire transfer, gift card, or through the mail. Don’t send money through any of these channels.
- Be cautious of “investment opportunities” tied to COVID-19, especially those based on claims that a small company’s products or services can help stop the virus. If you decide to invest, carefully research the investment beforehand. For information on how to avoid investment fraud, visit the U.S. Securities and Exchange Commission (SEC) website.
For the most up-to-date information on COVID-19, consumers may visit the Food and Drug Administration, Centers for Disease Control and Prevention (CDC) and WHO websites.
In addition, the public is urged to report suspected fraud schemes related to COVID-19 by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at [email protected].
For information about the Department of Justice’s efforts to stop COVID-19 fraud, visit www.justice.gov/coronavirus.
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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.
Executive Office for Immigration Review Announces Investiture of 20 New Immigration Judges, Resulting in a 70 Percent Expansion of the Immigration Judge Corps Since 2017Read the Press Release
The Executive Office for Immigration Review (EOIR) announced the investiture of 20 new immigration judges today, including three new assistant chief immigration judges. The introduction of this class marks the most recent step in the ongoing development and expansion of the nationwide corps of professional adjudicators who resolve questions regarding the legal status of aliens in the United States and adjudicate claims of relief or protection from removal, such as asylum or withholding of removal.
“To provide for timely, efficient, and lawful resolution of immigration cases, the Department of Justice has prioritized the growth of EOIR’s corps of immigration judges and expansion of courtroom capacity for these officials to hear cases,” said Deputy Attorney General Jeffrey A. Rosen. “These have been longstanding challenges for the immigration system.”
Since Jan. 20, 2017, the department has increased EOIR’s immigration judge corps from 306 to 520 adjudicators – an increase of nearly 70 percent. During that same period, the agency has opened 137 new courtrooms for immigration proceedings, an increase in courtroom capacity of more than 40 percent. This expansion of critical space for immigration judges to operate and resolve requests for relief is the direct result of a strategic partnership between EOIR and the General Services Administration, which has fostered innovative approaches to acquiring and designing space for immigration proceedings.
“Since 2017, EOIR has responded to the calls of stakeholders by devoting expanded resources to the hiring of quality immigration judges and expanding opportunities for aliens to receive more timely resolution of their cases,” said EOIR Director James McHenry. “I am proud of those efforts, and EOIR will continue to take steps to ensure every alien’s case is adjudicated in a timely manner consistent with due process.”
The names of each new judge along with his or her biographical description and assigned court location is attached in an EOIR notice available here. Information about the operational status of immigration courts nationwide can be accessed here.
Durham Men Convicted of Carjacking and Firearm OffensesRead the Press Release
GREENSBORO, N.C. - On Thursday, October 8, 2020, a jury in federal court found a Durham resident guilty on three felony charges relating to a violent carjacking, announced United States Attorney Matthew G.T. Martin of the Middle District of North Carolina.
Following a three day trial in Greensboro, the jury found KENNETH JEROME WILEY, age 37, guilty of carjacking, brandishing a firearm during the carjacking, and felon in possession of a firearm.
“We are committed to pursuing violent gun criminals in Durham. This case is yet another example. The lesson is simple: breaking federal gun laws does not end well,” said United States Attorney Martin. “I thank the Durham County Sheriff’s Office and the FBI for their excellent investigation of this case.”
Evidence presented at trial showed that on February 5, 2020, at around 10:45 p.m., WILEY and another man approached the victim at a Bank of America ATM at 2 Park Drive in Research Triangle Park. The victim was sitting in a 2005 Mercedes sedan when WILEY and the other man, both brandishing Glock semi-automatic pistols with extended magazines, threatened the man by pointing the guns at his head and forced the victim out of the Mercedes. WILEY then drove off in the Mercedes, while the other gunman and another assailant, JORDAN HART, drove off in a burgundy Kia Sorrento. On February 27, 2020, law enforcement executed a search warrant at WILEY’s residence on Troy Street in Durham. Police located WILEY in his bedroom holding a Glock model 26 9mm handgun with an extended magazine. The firearm was loaded with 33 rounds of ammunition, including one round in the chamber. WILEY later admitted to law enforcement that he possessed the firearm.
HART, age 26, also from Durham, NC, pleaded guilty to one count of carjacking on October 5, 2020.
Sentencing for both defendants is scheduled for February 8, 2021, in Greensboro before United States District Judge Catherine C. Eagles. With regard to the carjacking offense, each defendant faces a maximum sentence of 15 years in prison, a fine of up to
$250,000, or both, and a term of not more than three years of supervised release. With regards to the brandishing a firearm offense, WILEY faces a sentence of not less than seven years in prison, consecutive to any other sentence imposed, a fine of up to $250,000, or both, and a term of up to five years of supervised release. For being a felon in possession of a firearm, WILEY faces a sentence of up to ten years, a fine of up to $250,000, or both, and up to three years of supervised release.
The case was investigated by the Federal Bureau of Investigation and the Durham County Sheriff’s Office. The case was prosecuted by Assistant United States Attorneys Ashley Waid and Stephen Inman.
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Dominican Republic Official Extradited to the United States to Face Narcotics Trafficking ChargesRead the Press Release
Yamil Abreu Navarro was arraigned this afternoon before United States Magistrate Judge Vera M. Scanlon at the federal courthouse in Brooklyn on an indictment charging him with international heroin distribution. Abreu Navarro was arrested in the Dominican Republic on an extradition arrest warrant based on an indictment and extradition request from the Eastern District of New York. Abreu Navarro was extradited yesterday to the United States.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, and Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), Dermot F. Shea, Commissioner, New York City Police Department (NYPD), and Keith M. Corlett, Superintendent, New York State Police (NYSP), announced the extradition and charges.
“As alleged in the indictment, Abreu Narvarro betrayed his elected office and the people he represented in the Dominican Republic by directing an international drug trafficking enterprise that imported kilogram quantities of heroin into the United States,” stated Acting United States Attorney DuCharme. “The United States will continue to work with its international partners to dismantle such organizations and prosecute its members regardless of their rank or official status.” Mr. DuCharme extended his grateful appreciation to the DEA’s offices in Santo Domingo, the United States Marshals Service, the United States Department of State, the Department of Justice’s Office of International Affairs, and the Government of the Dominican Republic.
“This is another example of the insidious way the Sinaloa cartel has infiltrated people in positions of power to further their drug trafficking networks,” stated DEA Special Agent-in-Charge Donovan. “I applaud our law enforcement partners in New York and the Dominican Republic for their stalwart efforts throughout this investigation.”
“This extradition and indictment are the result of an aggressive strategy to stop illegal drug trafficking and keep deadly drugs off our streets. This individual took advantage and abused his public office, using it to bring dangerous drugs to the New York City area. Together, with our partners, we have dismantled a dangerous trafficking operation and stopped the infiltration of a large quantity of narcotics into the United States. We will continue to work vigilantly to put dangerous individuals like this behind bars,” stated NYSP Superintendent Corlett.
According to the indictment and statements made in court, Abreu Navarro held public office as the “Sindico,” or Director, of the Municipal Board for the Padre de Las Casas municipality in the Azua province of the Dominican Republic, and was a former leader of the Modern Revolutionary Party (PRM). Between 2016 and 2017, Abreu Navarro allegedly worked directly with Sinaloa cartel members in Mexico who supplied him and his organization with heroin and fentanyl, and he assisted in coordinating the importation and distribution of over 79 kilograms of heroin in New York City and elsewhere in the United States.
The extradition of Abreu Navarro is the result of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) investigation led by the United States Attorney’s Office for the Eastern District of New York and the DEA. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Abreu Navarro faces a mandatory minimum sentence of 10 years’ imprisonment.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Francisco J. Navarro and Genny Ngai are in charge of the prosecution. The Department of Justice’s Office of International Affairs handled the extradition in this matter.
The Defendant:
YAMIL ABREU NAVARRO
Age: 58
Padre de las Casas, Dominican RepublicE.D.N.Y. Docket No. 20-CR-7 (DLI)
Des Moines Man Sentenced to Federal Prison for EscapeRead the Press Release
Des Moines, IA—On October 9, 2020, Jesse Jay Walker, age 32, of Des Moines, appeared before United States District Court Chief Judge John A. Jarvey and was sentenced to 30 months in prison for escape and was ordered to serve three years of supervised release to follow his prison term. Walker pleaded guilty to the offense on June 2, 2020.
In October of 2019, Walker left the Fort Des Moines residential reentry center where he was serving the last part of a federal prison sentence for felon in possession of a firearm. Walker left the facility on a pass and never returned. The escape offense was aggravated by his commission of additional offenses while on escape status, including a theft in the second degree (a felony) and leaving the scene of a bodily injury accident in Clive, Iowa. Walker is scheduled to be sentenced on those state charges on December 4, 2020, in the Iowa District Court for Polk County.
This matter was investigated by the United States Marshals Service and the Clive Police Department. The case was prosecuted by the United States Attorney's Office for the Southern District of Iowa.
Department of Justice Invests More than $87 Million in Grants to Address School ViolenceRead the Press Release
The Department of Justice today announced it has awarded more than $87 million to bolster school security, support first responders who arrive on the scene of a school shooting or other violent incident, and conduct research on school safety.
The 2018 STOP School Violence Act authorized the Justice Department to create a series of grant award programs under a School Violence Prevention Program. This year, the Department made 130 awards to schools, districts and other jurisdictions throughout the United States.
“Only by removing the threat of violence from our schools can we expect our kids to reap the full benefits of their education, and only after making our places of learning safe can we ask our teachers to instruct and inspire as they are trained to do,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Department’s Office of Justice Programs. “The Department of Justice is committed to securing our schools from danger and giving our kids the support they need to learn, grow and thrive.”
The Bureau of Justice Assistance and the National Institute of Justice, within the Department’s Office of Justice Programs, manage the programs and administer the grants, which include funds to:
- train school personnel and educate students on preventing student violence against others and themselves, to include anti-bullying training;
- implement or improve school safety measures, including coordinating with law enforcement;
- train law enforcement to help deter student violence against others and themselves;
- improve notification to first responders through implementation of technology that expedites emergency notifications;
- develop and operate anonymous reporting systems to encourage safe reporting of potential school threats;
- train school officials to intervene when mentally ill individuals threaten school safety;
- provide training and technical assistance to schools and other awardees in helping implement these programs;
- examine the root causes of school violence;
- evaluate the effectiveness of the approaches to stopping school violence; and
- analyze the perspectives of STOP School Violence Act grantees.
For more details about these individual award programs, as well as listings of individual 2020 awardees, visit here . To see the fact sheet, with information on awardees and the award amounts, click here.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
Dayton man pleads guilty for role in string of convenience store armed robberiesRead the Press Release
DAYTON – Kavonte Knolton, 21, pleaded guilty to two crimes related to armed robbery today in federal court. Knolton will face at least seven years and up to life in prison for brandishing a firearm during a crime violence, and up to 20 years in prison for robbery. Any sentence imposed for brandishing a firearm during a crime of violence must be served consecutively to any other punishment.
Knolton and Jamaal Murphy, 19, were charged in June 2020 with working together to rob at gunpoint several businesses in the Dayton area.
Knolton and Murphy were arrested June 29 by Dayton Police and agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
As part of his plea, Knolton admitted he helped rob a UDF on Woodman Avenue on Valentine’s Day 2020. According to court documents, Knolton pointed an inoperable firearm at the store clerk while Murphy stole approximately $80 in cash and various tobacco products.
Knolton admitted he helped Murphy rob the Circle in Kettering, Ohio in February 2020 and the Wyoming Mini-Mart in Dayton during March 2020. He is scheduled for sentencing on Jan. 14, 2021.
Charges against Murphy remain pending.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Roland Herndon, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Dayton Police Chief Rick Biehl announced the plea entered into today before Senior U.S. District Judge Thomas M. Rose. Assistant United States Attorney Brent G. Tabacchi and Deputy Criminal Chief Dominick S. Gerace are representing the United States in this case.
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Coppell Man Charged in $24 Million PPP FraudRead the Press Release
A Coppell man who spent more than $17 million in Paycheck Protection Program (PPP) loans on lavish personal expenses has been charged with filing fraudulent loan applications, announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
A federal grand jury indicted Dinesh Sah, 55, on three counts of wire fraud, three counts of bank fraud and one count of money laundering.
“Mr. Sah exploited this terrible pandemic for personal gain – and he should be held accountable to the American people for that behavior,” said U.S. Attorney Erin Nealy Cox. “COVID-19 has devastated the finances of hardworking business owners across the nation. PPP funds should be reserved for those who really need them to keep their companies afloat. We are committed to ensuring that anyone that take advantage of the system will be brought to justice. ”
“Today’s indictment shows Mr. Sah’s disgraceful display of greed. Mr. Sah looked at the Paycheck Protection Program as his own personal piggy bank, treating himself to not only millions in cash, but several luxury vehicles and properties, all while legitimate small business owners in the United States desperately sought out ways to put food on their tables and to ensure their employees were paid,” said IRS-CI’s Special Agent in Charge of the Dallas Field Office, Tamera Cantu. “This indictment reinforces that IRS Criminal Investigation, the U.S. Attorney’s Office and our federal partners in the Northern District of Texas are dedicated to working together to protect innocent Americans from these CARES Act fraudsters.”According to the indictment, unsealed yesterday evening, Mr. Sah allegedly submitted 15 fraudulent applications, filed under the names of various purported businesses that he owned or controlled, to eight different SBA-approved lenders seeking approximately $24.8 million in PPP loans, which are guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
In his applications, Sah allegedly claimed that these businesses had numerous employees and hundreds of thousands of dollars in payroll expenses – when, in fact, Sah created many of the businesses after the CARES Act was enacted, and no business had employees or paid wages consistent with the amounts claimed in the PPP applications. Sah also submitted fraudulent documentation in support of his applications, including falsified federal tax filings and forged bank statements for the purported businesses.
Sah ultimately received approximately $17.7 million in PPP loan funds and allegedly used the proceeds primarily for personal expenses, spending them on multiple homes and luxury cars, including a 2020 Bentley convertible, and sending millions of dollars in international transfers, the indictment alleges.
To date, the government has seized more than $6.5 million in fraudulent proceeds that Sah obtained during the scheme.
The CARES Act is a federal law enacted on March 29, 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the funds towards payroll expenses.
An indictment is merely an allegation, no evidence. Like all defendants, Mr. Sah is presumed innocent unless and until proven guilty in a court of law.
This case was investigated by the Dallas Field Offices of FDIC Office of Inspector General, IRS - Criminal Investigations Division, and the U.S. Treasury Inspector General for Tax Administration. Assistant Deputy Chief Anna G. Kaminska of the Criminal Division’s Fraud Section Economic Crimes and Public Corruption Section Chief Katherine Miller of the U.S. Attorney’s Office for the Northern District of Texas, and Assistant U.S. Attorney Erica Hilliard of the U.S. Attorney’s Office for the Northern District of Texas are prosecuting the case.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form. The COVID-19 Fraud Coordinator for the Northern District of Texas, AUSA Fabio Leonardi, can be reached at 214-659-8600.
Columbus men found guilty for their roles in a drug distribution operation that spanned three statesRead the Press Release
WHEELING, WEST VIRGINIA – After a four-day trial, a jury has found Rodriquies M. Evans and Cedric L. Douglas, both of Columbus, Ohio, guilty of charges involving methamphetamine distribution that spanned multiple states, U.S. Attorney Bill Powell announced.
The jury deliberated for two hours before finding Evans, also known as “Dree”, age 30, and Douglas, age 32, each guilty of one count of “Conspiracy to Distribute and to Possess with the Intent to Distribute Controlled Substances,” two counts of “Distribution of Methamphetamine,” and one count of “Possession with Intent to Distribute Methamphetamine.” The crimes took place in Wetzel County and elsewhere, including the Southern District of West Virginia, Ohio, and Georgia from July 2015 to April 2018.
“This case is another example of exemplary investigative teamwork. It’s this collaboration of efforts that continues to stop the trafficking of dangerous drugs. And the verdict sends a strong message to those who want to sell drugs in West Virginia. If you do the crime, justice will be served,” said Powell.
Evans and Douglas each face up to 20 years of incarceration and a fine of up to $1,000,000 for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Robert H. McWilliams, Jr., and Shawn M. Adkins prosecuted the cases on behalf of the government. The Drug Enforcement Administration; the Bureau of Alcohol; Tobacco, Firearms, and Explosives; the Marshall County Drug and Violent Crimes Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Tyler County Sheriff’s Office; the Wetzel County Sheriff’s Office; the Sistersville Police Department; the Paden City Police Department; and the New Martinsville Police Department investigated. The Columbus, Ohio Police Department Gang Crimes Unit assisted in the case.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
U.S. District Judge John Preston Bailey presided.