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Tuesday 6 October 2020
U.S Attorney's Office, FBI Establish Election Fraud and Voting Rights Abuse HotlinesRead the Press Release
PROVIDENCE - United States Attorney Aaron L. Weisman announced today that Assistant United States Attorney (AUSA) Terrence P. Donnelly will lead the efforts of the United States Attorney’s Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. AUSA Donnelly has been appointed to serve as the District Election Officer (DEO) for the District of Rhode Island, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Weisman stated that AUSA/DEO Donnelly will be on duty in this District while the polls are open. AUSA Donnelly can be reached by the public at (401) 709-5068.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field office can be reached by the public at (401) 272-8310.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php
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Two Men Sentenced for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that an Eagan, Minnesota, man and a Sioux Falls, South Dakota, man, both convicted of Conspiracy to Distribute a Controlled Substance, have been sentenced to federal prison terms by U.S. District Judge Karen E. Schreier.
Jason Allen Herr, age 42, from Sioux Falls, was sentenced to 262 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
William John Hall, Jr., age 39, from Eagan, was sentenced to 97 months in federal prison, followed by 4 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Hall and Herr were indicted by a federal grand jury on August 6, 2019. Herr pleaded guilty on October 31, 2019, and Hall pleaded guilty on July 13, 2020. Herr was sentenced on January 13, 2020, and Hall was sentenced on October 5, 2020.
The convictions stemmed from incidents beginning on an unknown date and continuing until about July 31, 2019, when both Hall and Herr knowingly and intentionally conspired with each other and others and obtained 500 grams or more of methamphetamine and resold it to others in the District of South Dakota. Methamphetamine is a Scheduled II controlled substance.
This case was investigated by the Drug Enforcement Administration, the Sioux Falls Drug Task Force, and the Nobles County Sheriff’s Office. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Herr was immediately turned over to the custody of the U.S. Marshals Service following his sentencing. Hall is to self-surrender on or before October 19, 2020.
Two Members of “Original Block Hustlaz” Gang in North Philadelphia Sentenced for Drug Trafficking OffensesRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Richard Chase Hoover, 34, of Las Vegas, NV and Amir Boyer, 29, of Philadelphia, PA were sentenced by United States District Judge Michael M. Baylson to 15 years and 10 years in prison, respectively, to be followed by five years of supervised release, for their participation in a long-term drug trafficking conspiracy in Philadelphia from at least March 2017 through June 2018.
In November 2019, both defendants pleaded guilty to multiple counts in a Second Superseding Indictment, which charged nine defendants with various drug trafficking crimes. These nine defendants are members of a violent drug trafficking organization (also purporting to be rap artists) known as the Original Block Hustlaz or “OBH”. The 16-count Second Superseding Indictment alleged that the defendants conspired to distribute and did distribute cocaine, crack, methamphetamine, and heroin from various locations that they controlled, particularly in and around North Philadelphia.
In September 2017, officers and detectives from the Philadelphia Police Department executed a search warrant at 3234 North Sydenham Street, which was a property used by members of OBH to store and sell drugs. During the execution of the search warrant, numerous drugs were seized, including approximately 62 grams of cocaine base (“crack”), 229 grams of heroin, and 48 grams of a methamphetamine mixture. The officers also seized $8,101 from the residence.
In May 2018, FBI agents observed Hoover enter an apartment on Columbus Boulevard in Philadelphia, soon after he returned from a trip to Los Angeles. Pursuant to a federal search warrant, the FBI followed Hoover into the apartment and found 10 kilograms of cocaine, nearly 6 pounds of pure methamphetamine, and $20,000 in cash. Then, in October 2018, Amir Boyer was arrested at the property on North Sydenham Street, where he had been living with his girlfriend and two children. During the execution of the arrest, officers seized approximately 20 pounds of marijuana and a firearm loaded with eight live rounds.
“Hoover and Boyer were members of a crew that trafficked in poison that it transported across the country and pushed here on our streets in Philadelphia,” said U.S. Attorney McSwain. “They also used violence to maintain their hold on their drug territory, in order to keep the cash rolling in, while pretending to do legitimate business as musicians as part of their cover. Now OBH has been decimated, hopefully never to return.”
“The O.B.H. gang steadily poisoned the parts of Philadelphia they controlled, dealing drugs and dishing out violence,” said Michael J. Driscoll, Special Agent in Charge of the FBI's Philadelphia Division. “The money they made from dealing cocaine, crack, meth, and heroin fueled this violence. The FBI will continue putting drug traffickers firmly out of business and behind bars, as we fight violent crime and work to make this city safer.”
“Hoover and Boyer headed a poly-drug distribution organization that distributed significant amounts of illicit drugs such as cocaine, crack, methamphetamine, heroin, and marijuana,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration's (DEA) Philadelphia Field Division. “Their drug-trafficking activities negatively impacted countless lives in and around North Philadelphia.”
This case is part of the FBI’s Violent Gang Safe Streets Task Force, a program through which federal, state, and local law enforcement agencies collaboratively address the violent crime plaguing communities. It was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorneys Everett Witherell and Timothy M. Stengel.
Two Former New Jersey Public Education Employees Sentenced in Connection with Health Care Fraud Conspiracy Targeting State Health Benefits ProgramsRead the Press Release
CAMDEN, N.J. – Two former New Jersey state public education system employees were sentenced today to prison terms for defrauding New Jersey state health benefits programs by submitting fraudulent claims for medically unnecessary compounded prescriptions, U.S. Attorney Craig Carpenito announced.
Richard McAllister, 45, a former schoolteacher, and James Wildman, 46, a former maintenance worker for the public school system, both of Marmora, New Jersey, were sentenced to 37 months and 46 months in prison, respectively. Both McAllister and Wildman previously pleaded guilty before U.S. District Judge Robert B. Kugler to separate criminal informations charging them with conspiring to commit health care fraud. Judge Kugler imposed the sentences today in Camden federal court.
According to documents filed in this case and statements made in court:
Compounded medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Although compounded drugs are not approved by the Food and Drug Administration (FDA), they are properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient, such as if a patient is allergic to a dye or other ingredient.
In 2015 and 2016, McAllister and Wildman served as recruiters in the conspiracy and persuaded individuals in New Jersey to obtain very expensive and medically unnecessary compounded medications from a Louisiana pharmacy, Central Rexall Drugs Inc. (Central Rexall). The chief executive officer of Central Rexall, Hayley Taff, pleaded guilty on Aug. 12, 2020, to health care fraud conspiracy, and Central Rexall executives Christopher Kyle Johnston, Trent Brockmeier, and Christopher Casseri were indicted on Sept. 16, 2020 for conspiracy to commit health care and wire fraud, conspiracy to commit identity theft, and money laundering charges.
The members of the conspiracy, including McAllister and Wildman, learned that certain compound medication prescriptions – including pain, scar, antifungal, and libido creams, as well as vitamin combinations – were reimbursed for up to thousands of dollars for a one-month supply. The conspirators also learned that some New Jersey state and local government and education employees, including teachers, firefighters, and state troopers, had insurance coverage for these particular compound medications. An entity referred to in the information as the “Pharmacy Benefits Administrator” provided pharmacy benefit management services for the State Health Benefits Program, which covers qualified state and local government employees, retirees, and eligible dependents, and the School Employees’ Health Benefits Program, which covers qualified local education employees, retirees, and eligible dependents.
McAllister, Wildman, and their conspirators recruited public employees and other individuals covered by the Pharmacy Benefits Administrator to fraudulently obtain compounded medications from Central Rexall without regard as to their medical necessity. Given that McAllister and Wildman were employees of the State’s public education system, they had access to and recruited others in the public education system to participate in the scheme. The prescriptions were faxed to Central Rexall, which filled the prescriptions and billed the Pharmacy Benefits Administrator. In return for the obtaining the prescriptions, the pharmacy paid certain conspirators a percentage of each prescription filled and paid by the Pharmacy Benefits Administrator, which was then distributed to McAllister, Wildman, and other members of the conspiracy.
The conspiracy resulted in over $50 million in fraudulent insurance claims for compounded medications that were not medically necessary, including over $3.4 million for prescriptions submitted by McAllister and his cohorts and over $4.8 million for prescriptions submitted by Wildman and his cohorts. McAllister received over $450,000 and Wildman received over $650,000 in illicit profits from the scheme.
In addition to the prison terms, Judge Kugler sentenced McAllister to three years of supervised release and ordered him to pay $3.4 million in restitution and to forfeit $456,806. Judge Kugler also sentenced Wildman to three years of supervised release and ordered him to pay $4.86 million in restitution and to forfeit $657,040.
U.S. Attorney Carpenito credited agents of the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; IRS – Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark, and the U.S. Department of Labor, Office of Inspector General, New York Region, under the direction of Special Agent in Charge Michael C. Mikulka. He also thanked the Division of Pensions and Financial Transactions in the State Attorney General’s Office, under the direction of Attorney General Gurbir S. Grewal and Division Chief Aimee Nason, for its assistance in the investigation.
The government is represented by Assistant U.S. Attorneys R. David Walk Jr. and Christina O. Hud of the U.S. Attorney’s Office in Camden.
Three Operation Wu Block Methamphetamine Dealers SentencedRead the Press Release
ATHENS, Ga – Three defendants guilty of distributing methamphetamine in the northeast Georgia region, arrested during the on-going large-scale “Operation Wu Block” investigation, were sentenced to federal prison today, said Charlie Peeler, the U.S. Attorney for the Middle District of Georgia.
U.S. District Judge C. Ashley Royal sentenced three Operation Wu Block defendants this morning, all guilty of one count possession with intent to distribute methamphetamine: April Wolford, 29, of Athens-Clarke County was sentenced to serve 84 months in prison followed by three years of supervised release; Daniel Keith McCullough, 27, of Hart County, Georgia, was sentenced to serve 57 months in prison followed by three years of supervised release; and, Austin Nathaniel Pineda, 23, of Stone Mountain, Georgia, was sentenced to 30 months in prison followed by four years of supervised release. There is no parole in the federal system.
“A strong northeast Georgia law enforcement network is unified in our goal to rid our streets of methamphetamine, and remove criminals caught pushing this deadly, highly addictive illegal drug from our communities,” said U.S. Attorney Charlie Peeler. “The work to eliminate methamphetamine distribution across the Middle District of Georgia is on-going and non-stop. I want to thank all of our law enforcement partners for the tremendous bravery they demonstrate daily in their work to rid our communities of methamphetamine.”
“These defendant’s methamphetamine trafficking activities posed a significant threat to the quality of life in northeast Georgia,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. “All participating agencies played a crucial role in the eradication of this criminal network and the dismantling of this once-thriving organization makes our community safer.”
Operation Wu Block is a multi-year Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by the Drug Enforcement Administration (DEA) Macon Resident Office, FBI Middle Georgia Safe Streets Gang Task Force, Athens-Clarke County Police Department, Clarke County Sheriff’s Office, Hart County Sheriff’s Office, Madison County Sheriff’s Office, Oconee County Sheriff’s Office, Oglethorpe County Sheriff’s Office, Georgia Department of Corrections and Northeast Regional Drug Task Force in partnership with the U.S. Attorney’s Office for the Middle District of Georgia. Operation Wu Block has resulted in the seizure of more than 58 kilograms of methamphetamine, more than two kilograms of heroin, 31 firearms and $56,000. To date, federal grand juries in the Middle District of Georgia have returned indictments charging a total of 82 defendants, up from the original 68 reported at the announcement of this ongoing operation in May. Operation Wu Block is part of the larger “Operation Crystal Shield,” a national DEA operation first announced in February during a press conference in Atlanta. The investigation is focused on eight main methamphetamine trafficking transportation hubs across the nation, including Atlanta. Both are on-going operations.
Assistant U.S. Attorney Tamara Jarrett is prosecuting cases arising from this investigation for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Three 110 Gang Members Sentenced to Federal PrisonRead the Press Release
SYRACUSE, NEW YORK – Daquan Dowdell, age 29, Terry Linen, age 28, and Deshawnte Waller, age 43, all of Syracuse, were sentenced to serve, collectively, decades in federal prison for violating the Racketeering Influenced Corrupt Organizations Act (RICO), announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Syracuse Police Chief Kenton Buckner.
Daquan Dowdell was sentenced on Friday, October 2, 2020, to serve 120 months in federal prison to be followed by three years supervised release. In imposing sentence, Senior United State District Judge Frederick J. Scullin, Jr., found that Dowdell was personally involved in drug trafficking and gun possession, and at least one shooting, on behalf of the gang.
Terry Linen was sentenced yesterday to serve 110 months in federal prison to be followed by three years supervised release. The Court found that Linen was involved in drug trafficking and gun possession and that he was responsible for another shooting in connection with the gang.
Deshawnte Waller was sentenced yesterday to serve 80 months in federal prison, to be followed by three years supervised release. The Court found that Waller was involved in drug trafficking and the use of fraudulent credit cards on behalf of the gang.
Previously sentenced 110 Gang RICO defendants:
- Anthony Hopper was sentenced to 385 months in prison; 3-year term of supervised release
- Damani Prince was sentenced to 78 months in prison; 3-year term of supervised release
- Rashawn Wynn was sentenced to 92 months in prison; 3-year term of supervised release
- Davon Sullivan was sentenced to 68 months in prison; 3-year term of supervised release
- Qualik Vaughn was sentenced to 68 months in prison; 3-year term of supervised release
- Jason Lebron was sentenced to 92 months in prison, 3-year term of supervised release
- Javon Peterson was sentenced to 98 months in prison, 3-year term of supervised release.
This case was investigated by the Federal Bureau of Investigation (FBI), the Syracuse Police Department, and the Gang Violence Task Force, which consists of members of the Syracuse Police, the FBI, the U.S. Drug Enforcement Administration (DEA), the U.S. Marshals Service, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the New York State Department of Corrections, the New York State Attorney General, and the Onondaga County District Attorney’s Office. This case was prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Kristen Grabowski
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Sun Prairie Felon Sentenced to Prison for Possessing FirearmRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Rojae A. Crosse, 23, Sun Prairie, Wisconsin, was sentenced today by Chief U.S. District Judge James D. Peterson to 5 months in prison for possessing a firearm as a felon. When imposing the sentence, Judge Peterson considered that Crosse has been in custody for the past 10 months on state charges and unable to bond out because of the pending federal charges. Crosse pleaded guilty to this federal offense on July 17, 2020.
On April 29, 2019, law enforcement officers were trying to locate a vehicle that they believed was involved in an armed robbery. They saw the vehicle at a Mobil gas station in Sun Prairie and one squad car pulled in front of it as another squad car pulled in behind it. Crosse got out of the vehicle and as the officers parked, he started running, and officers chased him. During the chase, officers saw Crosse take off a leather jacket and drop it on the ground. Officers found a firearm in the inside pocket of the jacket. Crosse was previously convicted of a felony and as a result, it was illegal for him to have a gun.
The charge against Crosse was the result of an investigation conducted by the Madison Police Department, Sun Prairie Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of the case has been handled by Assistant U.S. Attorneys Elizabeth Altman and Timothy M. O’Shea.
Suffolk County Attorney Pleads Guilty to Conspiracy to Commit Mail and Wire FraudRead the Press Release
Earlier today, in federal court in Central Islip, New York, Vincent J. Trimarco, Jr., an attorney licensed to practice in the state of New York since 1997, pleaded guilty to conspiracy to commit mail and wire fraud in connection with a scheme to defraud the beneficiary of an estate from her inheritance from a wrongful death suit. Today’s plea took place before United States District Judge Joan M. Azrack. When sentenced, Trimarco faces up to 20 years in prison, as well as forfeiture, restitution and a fine of up to $250,000 or twice the gross gain or loss as a result of his crime, whichever is greater. As a part of his plea agreement with the government, Trimarco agreed to pay more than $1 million in restitution.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, announced the guilty plea.
“Trimarco defrauded a young girl of her inheritance violating the law as well as the trust placed in him as an attorney,” stated Acting United States Attorney Seth DuCharme. “Protecting the public from those who, for personal gain, abuse that trust and betray the oath they have sworn to uphold is a priority of this Office.” Mr. DuCharme thanked the Federal Bureau of Investigation, New York Field Office, for its investigative work on the case.
As set forth in court filings and today’s proceeding, from April 2012 through August 2017, Trimarco and a co-conspirator executed a scheme to defraud a minor, who was the co-conspirator’s grandchild, of settlement proceeds stemming from a wrongful death action. Using the settlement proceeds, Trimarco and the co-conspirator purchased luxury vehicles, including a Ferrari F430 Spider for $200,000 and a Jaguar XKR convertible for $57,000, as well as numerous properties in Suffolk County for over $600,000, and invested approximately $800,000 in the Emporium, a nightclub and music venue in Patchogue, New York, in which Trimarco was, at times, a part owner. Despite orders from the Suffolk County Surrogate’s Court in April 2012, June 2012 and August 2012 restraining the disbursement of the settlement proceeds and ultimately directing the return of the settlement proceeds, Trimarco and his co-conspirator sold the assets obtained with the settlement funds but failed to return the proceeds to the rightful heir.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Catherine M. Mirabile and Michael J. Bushwack are in charge of the prosecution, with the assistance of Assistant United States Attorney Madeline O’Connor of the Office’s Civil Division, which is responsible for the forfeiture of assets.
The Defendant:
VINCENT J. TRIMARCO, JR.
Age: 51
Smithtown, NYE.D.N.Y. Docket No. 17-CR-583 (S-1) (JMA)
Six Individuals Indicted in Conspiracy to Use Stolen Identities to Fraudulently Purchase VehiclesRead the Press Release
BOSTON – Six individuals were indicted today by a federal grand jury in Boston in connection with a scheme to use the stolen identities of United States citizens from Puerto Rico to fraudulently purchase vehicles and other merchandise and apply for and utilize bank accounts and credit cards. Two other defendants were indicted for related conduct last week.
The defendants were charged in a 42-count indictment with conspiracy to commit wire fraud, wire fraud, aggravated identity theft and false representation of a Social Security number. The defendants were previously charged by complaint.
According to charging documents, between October 2017 and January 2019, the defendants visited Massachusetts car dealerships to purchase late-model vehicles and applied for 100% financing. In support of their applications, the defendants provided stolen biographical information of real United States citizens, fraudulent Puerto Rico driver’s licenses and Social Security cards in those identities, as proof of identification. The group allegedly used the stolen identities to illegally open bank accounts and credit cards and purchase vehicles, many of which were exported out of the United States.
The following individuals were indicted today:
- Ricardo Acevedo, 32, of Manchester, N.H., allegedly used stolen identities to obtain car loans and purchase three cars worth $90,582, collectively;
- Joshua Cruz, 32, of Manchester, N.H., allegedly used stolen identities to obtain car loans and purchase vehicles worth more than $170,288, collectively;
- Jose Irizarry, 44, of Union City, N.J., allegedly used stolen identities to obtain car loans and purchase three cars worth $140,124, collectively;
- Arialka Moya, 31, of Lowell, Mass., allegedly used a stolen identity to obtain a car loan to purchase one car worth $60,982;
- Alvin Rivera, 37, of Haverhill, Mass., allegedly supplied co-defendants with stolen personal identifying information of United States citizens, providing detailed instructions as to how to perpetrate the scheme to defraud and coordinating payments to co-conspirators; and
- Wanda Sanchez, 36, of Lawrence, Mass., allegedly used a stolen identity to obtain a car loan to purchase one car worth $50,962.
Two additional individuals, Neida Lopez, 43, of Methuen, Mass., and Iyaury Rodriguez, 39, of Reading, Penn., were indicted on Sept. 29, 2020. Specifically, in March 2020, Lopez allegedly used the stolen identity of a United States citizen from Puerto Rico to obtain a credit card and accrued $21,931 in charges on that card, including charges at various retailers in Massachusetts. In April 2020, working with co-conspirators, she allegedly used the credit card to purchase a specialty printer ribbon that can be used to print identification cards.
On three dates in June and September of 2018, Rodriguez allegedly used stolen identities to obtain financing and purchase three vehicles worth at least $98,432. He allegedly visited Massachusetts car dealerships to purchase late-model vehicles and applied for 100% financing. As proof of identification, he provided stolen biographical information of real United States citizens, as well as fraudulent Puerto Rico driver’s licenses and Social Security cards in those identities.
In a coordinated multi-jurisdictional effort, individuals allegedly involved in this scheme or related schemes were also charged in the District of New Jersey, the State of New Jersey, the Northern District of Ohio and the Eastern District of Pennsylvania.
The investigation was conducted by Homeland Security’s Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized field investigative group comprised of personnel from various local, state, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes. The DBFTF has been investigating this scheme since January 2019.
The charges of wire fraud and conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense. The charge of aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, up to one year of supervised release and a fine of up to $250,000. The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Brockton Police Chief Emanuel Gomes made the announcement today. Assistance was provided by the Lowell, Lawrence, Methuen, Haverhill, Woburn and Dartmouth Police Departments. Assistant U.S. Attorneys Elianna Nuzum and Adam Deitch of Lelling’s Major Crimes Unit are prosecuting the case.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Sioux Falls Man Sentenced to 25 Years for ProductionRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Production of Child Pornography was sentenced on October 5, 2020, by U.S. District Judge Karen E. Schreier.
David Jon Kindle, age 40, was sentenced to 300 months in federal prison, five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Kindle was indicted by a federal grand jury on October 8, 2019. He pleaded guilty on July 13, 2020.
The conviction stemmed from an incident on or about between November 22, 2018, and November 28, 2018, when Kindle texted a 15-year-old girl. Kindle knew the girl's mother and texted the juvenile over 2,000 times. He eventually coerced the girl into sending him nude photos of herself.
Kindle’s lengthy prior criminal history prompted U.S. Attorney Ron Parsons to comment that: “Thanks to the combined efforts and teamwork of the Sioux Falls Police Department and the Federal Bureau of Investigation, another child predator has been taken off the streets.”
“Adults who use their access to children for their own sexual gratification are both a danger and a disgrace," said Michael Paul, special agent in charge of the FBI's Minneapolis Field Office. "The FBI and our law enforcement partners will never stop working to put predators who harm children behind bars. These are incredibly disturbing cases to investigate, but each time we're able to step in and protect a child victim from further sexual abuse, it's a good day," Paul added.
This case was investigated by the Sioux Falls Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Kindle was immediately turned over to the custody of the U.S. Marshals Service.
Schenectady Man Charged with Possession of a Molotov CocktailRead the Press Release
ALBANY, NEW YORK – Joel Malek, age 42, of Schenectady, New York, was arrested today and charged with possession of an improvised incendiary device, commonly known as a “Molotov cocktail,” on June 5, 2020.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Malek was indicted for possessing a Molotov cocktail as an unregistered destructive device, on June 5. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Malek faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Malek was arraigned today before United States Magistrate Judge Christian F. Hummel, who ordered Malek detained pending a detention hearing scheduled for Thursday.
This case is being investigated by ATF and the FBI, with assistance from the Schenectady Fire Department and Schenectady Police Department, and is being prosecuted by Assistant U.S. Attorneys Richard Belliss and Alexander P. Wentworth-Ping.
San Diego Finance Manager Sentenced to Prison for Stealing over $725,000 from EmployerRead the Press Release
Special Assistant U.S. Attorney Lisa J. Sanniti (619) 546-8811
NEWS RELEASE SUMMARY – October 6, 2020
SAN DIEGO – Antonia Barber, the former operations manager for Carlsbad-based contractors’ insurance company Target Financial and Insurance Services, was sentenced in federal court yesterday to 21 months in prison for stealing $726,060.75 from the company.
Sentencing documents reflect that Barber held a sensitive position at Target Financial, where she was permitted to approve reimbursement requests from employees, issue reimbursement checks, pay vendors, and report to the owner as to the financial condition of the company. In 2008, Barber began writing hundreds of checks to a family member for bogus “Records Management” services that were never provided. Barber’s conduct escalated to writing herself checks for nonexistent “expense reimbursement,” totaling over $600,000.
Barber went so far as to report to the owner that the company was struggling financially, causing the owner to infuse money into the company to keep people employed and the business afloat. Barber’s scheme went on for seven years until the owner caught on to her theft, and reported it to law enforcement.
“This defendant abused her position of trust to steal hundreds of thousands of dollars,” said U.S. Attorney Robert Brewer. “This sentence is a reminder that there will be a price to pay for employees who use company coffers as a personal bank account.” Brewer praised prosecutor Lisa Sanniti and agents from the U.S. Secret Service for their hard work in this case.
DEFENDANT Case No. 18-CR-4028-W
ANTONIA BARBER Age 52 San Diego, CA
aka “Antonia M. Barber”
aka “Antonia Marie Barber”
aka “Antonia Marie Martinez”
SUMMARY OF CHARGES
Wire Fraud – Title 18, U.S.C., Section 1343
Maximum penalty: Twenty years in custody and a $250,000 fine
AGENCY
United States Secret Service
Rural Decorah Drug User Sentenced to Prison Term for Unlawfully Possessing AmmunitionRead the Press Release
A drug user from rural Decorah, Iowa, who unlawfully possessed ammunition was sentenced in federal court on October 5, 2020.
In a plea agreement and at the sentencing hearing, William Fredric Harrison, Jr., age 60, admitted that, on November 23, 2018, he purchased an assault rifle and 200 rounds of ammunition in Onalaska, Wisconsin. The Federal Bureau of Investigation’s National Instant Criminal Background Check System delayed the sale. Harrison was only able to take the ammunition home to Iowa on that day. On November 24, 2018, Harrison made multiple telephone calls from his rural Decorah residence to the emergency room at a Decorah hospital. In one of the calls, Harrison expressed frustration with one of the doctors at the hospital and stated, “I want to come down there and make all of you feel the terror that I am feeling. All of you will be dead.” The calls triggered a two-day lockdown of the hospital.
On November 26, 2018, Harrison filled out an application in the Iowa District Court for Allamakee County seeking the return of three firearms and ammunition that law enforcement officers had seized from his residence in 2016 arising out of an incident in which Harrison was later convicted of assaulting his wife. On November 29, 2018, law enforcement officers executed a search warrant at Harrison’s home and located the 200 rounds of ammunition that Harrison had purchased in Wisconsin. Officers also found marijuana paraphernalia.
Harrison was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Harrison was sentenced to over ten months of imprisonment. The district court also ordered Harrison pay $10,000 for his court-appointed attorney. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. As a result of this federal conviction, Harrison is prohibited from possessing firearms and ammunition.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Winneshiek County Sheriff’s Office and the Decorah Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-1048.
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Rapper scammers admit faking association with musical group in conspiracy to cheat hotels, bank, limo serviceRead the Press Release
AUGUSTA, GA: Two men have admitted guilt in a scheme in which they fraudulently claimed to be part of a famed musical group to steal from hotels and a limousine company.
Aaron Barnes-Burpo, 29, of Crestview, Fla., and Walker Washington, 52, of Augusta, each pled guilty in U.S. District Court before Judge Dudley H. Bowen to Conspiracy to Commit Wire Fraud, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. The charge carries a penalty of up to 20 years in prison, followed by up to five years of supervised release. There is no parole in the federal system.
“These men play-acted as bigshots so they could rip off hospitality providers for luxury treatment, but their scam fell apart thanks to an alert Augusta hotel clerk,” said U.S. Attorney Christine. “It didn’t take Nick Cannon to figure out the defendants were lip-synching, and they’ll be disappointed to learn that their future accommodations in federal prison won’t be as swanky as those hotels.”
In court documents and testimony, Barnes-Burpo and Washington admitted that they portrayed themselves as affiliated with the Roc Nation production company and the hip-hop group Wu-Tang Clan, and used those fictitious representations along with fraudulent and stolen credit cards to rent luxury limousines and defraud hotels of thousands of dollars in goods and services in cities including Augusta, Atlanta, and Florence, Ala.
The scam unraveled when staff at the Fairfield Inn and Suites in Augusta became suspicious and alerted authorities.
“Facing up to 20 years in federal prison, these two defendants might question whether their short-lived scheme to live like rap stars was worth it,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “As this case demonstrates, law enforcement and the community will not tolerate anyone who fraudulently steals or takes anything that they do not earn or deserve.”
The case is being investigated by the FBI and other state and local authorities, and prosecuted for the United States by Assistant U.S. Attorney Patricia G. Rhodes.
Previously Convicted Felon Sentenced to Prison for Possessing FirearmsRead the Press Release
RICHMOND, Va. – A Richmond man was sentenced today to four years in prison for possession of a firearm after being convicted of multiple felonies.
According to court documents, Antonio Smith, 53, was observed by Richmond Police with two firearms after several previous convictions for felonies. In September 2019, Richmond Police were called to the scene of a domestic assault, and observed Smith on the front porch of the residence. Smith then quickly ran inside, only to emerge from the back door of the residence a few seconds later. Police asked Smith to stop, but he continued around the building and ran up to an occupied vehicle that was parked on the street. At that time, the police officer observed Smith toss two firearms into the vehicle. Smith was arrested at the scene and the firearms were recovered. At sentencing, Smith received an enhancement for reckless endangerment to the occupants of the vehicle.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; and William C. Smith, Chief of Richmond Police, made the announcement after sentencing by U.S. District Judge David J. Novak. Assistant U.S. Attorney Peter S. Duffey and Special Assistant U.S. Attorney Holli R. Wood, prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:20-cr-14.
Portland Resident Charged with Arson After Lighting Fires at the Justice Center During a ProtestRead the Press Release
PORTLAND, Ore.—U.S. Attorney Billy J. Williams announced today that a Portland, Oregon, resident has been charged with setting fire to the plywood and awnings on the Justice Center building that houses the Multnomah County Detention Center (MCDC) and Portland Police Bureau’s (PPB) headquarters and Central Precinct.
Cyan Waters Bass, 21, has been charged by criminal complaint with arson.
According to court documents, during protest events on the evening of September 23, 2020, law enforcement officers conducting surveillance for unlawful activity during protests observed an individual, later identified as Cyan Waters Bass, walking near the Justice Center. Bass was observed dressed in a black jacket, dark pants, with a black cloth face covering, carrying a black backpack with a black baseball cap attached to it. During the evening, officers saw Bass holding a crowbar and using a slingshot or wrist-rocket to shoot projectiles through the windows of the PPB Central Precinct portion of the building. Officers later collected a white marble from within the Central Precinct. Officers observed Bass as he used a container to squirt a liquid on the plywood covering windows on a section of the north side of the building several times and lit it on fire. Officers observed the fire catch and spread to an awning on the building. Bass was later observed walking on the east side of the building near the entrance to PPB’s Central Precinct where Bass again squirted a liquid on the plywood that covered sections of the building. Bass then lit the plywood on fire that quickly spread to the awning above which scorched the plywood and concrete and damaged the awning.
Officers maintained observation of Bass until he was located and arrested the same evening. Bass was found in possession of white marbles in his pocket and a clear bottle with an unknown liquid, a black crowbar, a black slingshot, two lighters and a black baseball cap.
The Justice Center is owned by both Multnomah County and the City of Portland. The Justice Center houses the Multnomah County Detention Center which during this time had 268 persons being held. This building also houses the headquarters of the Portland Police Bureau and Central Precinct. Both of these jurisdictions receive federal funding including related to this location which on this date was housing 25 federal inmates held in custody on exclusively federal matters.
Cyan Waters Bass made an initial appearance on the complaint in federal court today before a U.S. Magistrate Judge Stacie F. Beckerman. Bass pleaded not guilty and was ordered released pending an arraignment on Thursday December 3 following a grand jury proceeding.
The Portland Police Bureau and ATF investigated this case. It is being prosecuted by Parakram Singh, Assistant U.S. Attorney for the District of Oregon.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Physical Therapist Sentenced to 2 Years in Prison for Participating in $30 Million Scheme to Defraud Medicare and MedicaidRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced that physical therapist HATEM BEHIRY was sentenced today by U.S. District Judge Lorna G. Schofield to 24 months in prison for his participation in a $30 million scheme to defraud Medicare and the New York State Medicaid Program (“Medicaid”). Between 2007 and late 2012, on a regular basis, BEHIRY falsely pretended to provide physical therapy services to patients, and falsified medical records in a fraudulent scheme to bill Medicare and Medicaid for non-existent services. BEHIRY and a co-defendant physician, Paul J. Mathieu, were convicted in May 2019, following a six-week trial, on charges of health care fraud, wire fraud, mail fraud, conspiracy to commit those offenses, and conspiracy to make false statements in connection with a federal health care program.
Acting U.S. Attorney Audrey Strauss said: “At a time when our medical system may be more important than ever, today’s sentence sends an unambiguous message that those who cheat Medicare and Medicaid will be held accountable. Corrupt health care professionals who defraud Medicare and Medicaid betray their medical training, their professions, their patients, and the taxpayers. These taxpayer-funded programs are designed to provide essential medical services to the elderly and the needy, not to enrich corrupt therapists and other fraudsters.”
According to the evidence presented at trial and other public documents:
Between 2007 and 2013, Aleksandr Burman – who is currently serving a 10-year prison term for his participation in this scheme – owned and operated six medical clinics in Brooklyn (the “Clinics”) that fraudulently billed Medicare and Medicaid approximately $30 million for medical services and supplies that were not provided, were provided without regard to medical necessity, or were otherwise fraudulently billed. As part of this scheme, three medical doctors – Mathieu, Mustak Y. Vaid, and Ewald J. Antone, all of whom have been convicted and sentenced in this case – falsely posed as the owners of the Clinics. The doctors did so by, among other things, signing various fraudulent documents that falsely represented to banks, Medicare, Medicaid, and others that they were the owners of the clinics.
Mathieu, Vaid, and Antoine also came weekly to the clinics, where they signed stacks of false and fraudulent medical charts and billing documents for patients that they had not seen, and issued referrals for unnecessary testing, occupational therapy, and physical therapy.
BEHIRY participated in the scheme almost from its inception, in 2007, until late 2012. BEHIRY regularly signed medical records to be used in fraudulent billing, in which he falsely claimed to have provided physical therapy services that he did not in fact provide. Generally, BEHIRY provided no physical therapy services at all to patients, engaging instead in brief pro forma conversations with the patients, and then completing paperwork that was used to bill Medicare and Medicaid for roughly an hour of physical therapy services. Typically, patients were told that they had to remain in the clinic for nearly an hour – which they often did by simply watching television in a waiting room for much of that time, and sometimes receiving massages or making unsupervised use of exercise machines (activities that are not billable to Medicare or Medicaid as physical therapy).
In addition, BEHIRY oversaw a group of other physical therapists, whom he arranged to bring to the Clinics to bill fraudulently for physical therapy services that were not in fact provided.
All told, Medicare and Medicaid paid more than $5 million for purported physical therapy services billed under BEHIRY’s name. As part of the scheme, more than $800,000 was transferred from the Clinics to BEHIRY’s own company.
BEHIRY is the eleventh defendant to be sentenced in this and Burman’s related case. Mathieu, who was convicted at trial with BEHIRY, was sentenced on December 11, 2019, to four years in prison. The other defendants, each of whom pled guilty, include: Aleksandr Burman, who was sentenced in a related case on May 8, 2017, to 10 years in prison; Marina Burman, the former wife of Aleksandr Burman and the owner of a related medical supply company, sentenced on May 17, 2018, to three years in prison; Mustak Y. Vaid, a physician sentenced on August 1, 2018, to 18 months in prison; Ewald J. Antoine, a physician sentenced on August 21, 2018, to a year and a day in prison; Asher Oleg Kataev, a Burman business partner, sentenced on May 31, 2018, to three years in prison; Alla Tsirlin, a Clinic office manager, sentenced on June 5, 2018, to a year and a day in prison; and Edward Miselevich and Ivan Voychak, Burman partners who jointly ran a related ambulette company, sentenced on June 12 and July 19, 2018, to three years in prison each.
* * *
In addition to the prison term, BEHIRY, 52, of Brooklyn, New York, was sentenced to three years of supervised release. Judge Schofield also ordered BEHIRY to pay restitution of $5,757,661 and forfeiture of $808.975.
Ms. Strauss praised the outstanding investigative work of the Federal Bureau of Investigation, the Office of the Inspector General of the U.S. Department of Health and Human Services, and the New York State Office of the Medicaid Inspector General (“OMIG”).
The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys David Raymond Lewis, Stephen J. Ritchin, and Timothy V. Capozzi are in charge of the prosecution.
Owner of a Plumbing Company in Tucson Sentenced to Prison for Providing False Statements to the Social Security AdministrationRead the Press Release
TUCSON, Ariz. – On October 6, 2020, Kevin Cummings, 51, of Tucson, Arizona, was sentenced by U.S. District Judge Rosemary Marquez to six months in prison. The court also ordered Cummings to pay $305,371.20 in restitution to the Social Security Administration (SSA) and a $200,000 fine. Cummings must surrender to serve his prison sentence on January 7, 2021. Cummings previously pleaded guilty to Providing a False Statement Related to Social Security.
“Yet another example of someone trying to defraud the system, this time stealing benefits intended for the disabled,” said United States Attorney Michael Bailey. “Thanks to our partners at the Social Security Office for putting the time and resources into investigating this matter.”
In his plea agreement, Cummings, admitted that in February 2003 he began to collect disability benefits from the SSA. In 2006, the SSA discovered that Cummings received employee wages during 2005 and 2006 while he also collected disability. When the SSA inquired about the wages, Cummings admitted that he caused one of his employees, on multiple occasions, to make false representations concerning his employment status with his plumbing companies. Cummings also admitted that he concealed from the SSA that he was working, while continuing to collect disability benefits from 2005 through January 2014. Cummings’ dishonesty resulted in a loss to the SSA totaling approximately $305,371.20.
“My office will continue to hold accountable those who defraud the Social Security Administration,” said Gail S. Ennis, Inspector General of Social Security. “I want to thank the U.S. Attorney’s Office for its support of our investigation and its efforts to bring this individual to justice and recover these funds for SSA.”
The Social Security Office of Inspector General, under the supervision of Special Agent-in-Charge Robb Stickley, San Francisco Field Division, conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
Cummings Plea AgreementCASE NUMBER: CR-17-00518-TUC-RM (JR)
RELEASE NUMBER: 2020-082_Cummings# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Owner of McKeesport Asian Grocery Pleads Guilty to Food Stamp Fraud and Money Laundering ConspiracyRead the Press Release
PITTSBURGH - A resident of Glassport, PA pleaded guilty in federal court to charges of Conspiracy, Food Stamp Fraud, and Money Laundering Conspiracy, United States Attorney Scott W. Brady announced today.
Sin Y Sit, age 46, pleaded guilty to three counts before United States District Judge William S. Stickman.
In connection with the guilty plea, the court was advised that beginning in and around March 2014, and continuing thereafter until May 2017, the defendant engaged in acts of food stamp fraud and money laundering conspiracy. Sin Y Sit and his wife Qiao Jiang owned and operated Mei A. Asian Grocery in McKeesport, PA. Sit and Jiang allowed customers to unlawfully exchange food stamp credits under the USDA’s S.N.A.P. program for cash (the defendants paid out fifty cents on a dollar) and other ineligible grocery items, such as tobacco. The amount of fraud during the term of the conspiracy is between $250,000 and $550,000. The defendant also engaged in financial transactions involving cash withdrawals of money which had been transferred into the store’s business account by the USDA to reimburse the defendant and his store for the food stamp credits which had been scanned by the defendant and his customers at the store during the fraudulent transactions. The cash withdrawn by the defendant was then used by the defendant at his store to pay more customers in the unlawful use of the food stamp credits.
Judge Stickman scheduled sentencing for February 17, 2021. The law provides for a total sentence of 45 years in prison, a fine of $750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shaun E. Sweeney is prosecuting this case on behalf of the government.
The U.S. Department of Agriculture Office of Inspector General, Department of Homeland Security Homeland Security Investigations, and Internal Revenue Service Criminal Investigation conducted the investigation that led to the prosecution of Sin Y Sit.
Operation Legend: Case of the DayRead the Press Release
Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend. Today’s case is out of Eastern District of Michigan. Operation Legend launched in Detroit on July 29, 2020, in response to the city facing increased homicide and non-fatal shooting rates.
A Detroit man was charged in federal court with drug trafficking and illegally possessing a firearm.
“Operation Legend is taking dangerous, armed drug dealers off of our streets and putting them where they belong, which is in federal prison and far away from the peaceful citizens of Michigan,” said U.S. Attorney Matthew Schneider for the Eastern District of Michigan.
Eric Walker, 44, of Detroit, was charged with possession with intent to distribute heroin, cocaine, fentanyl, marijuana, and oxycodone, as well as being a felon in possession of a firearm.
According to court documents, law enforcement agents working as part of Operation Legend received tips that Walker had allegedly been selling cocaine, heroin, pharmaceutical pills, and marijuana. Surveillance was set up at the location where Walker was allegedly dealing the drugs and officers observed several drug transactions take place. Officers then executed a search warrant, where they located a black Delta Rex 9mm Handgun loaded with 13 live rounds; approximately 136 grams of suspected cocaine, approximately 23.5 grams of suspected heroin, 672 grams of suspected marijuana, approximately 4.5 amphetamine pills, and approximately 93 pills of suspected oxycodone; multiple phones/electronic devices; packaging materials and scales. Preliminary lab results indicated the heroin was laced with fentanyl and the suspected cocaine is crack cocaine.
Walker is prohibited from possessing a firearm due to previous felony convictions, including second degree murder and assault with intent to murder.
The details contained in the charging document are all allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Background on Operation Legend
Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.
President Trump promised to assist America’s cities that have been plagued by violence. In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence. Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.
Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020. As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime. The Department of Homeland Security is also contributing agents to these efforts in St. Louis.
Onondaga County Man Detained on False Statement ChargesRead the Press Release
SYRACUSE, NEW YORK – Chasib Hafedh Saadoon Al Fawadi, age 35, of Syracuse, appeared yesterday in federal court on an indictment charging him with making false statements in connection with his application to obtain a green card.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Al Fawadi appeared before United States Magistrate Judge Andrew T. Baxter, who ordered him detained pending a detention hearing on October 8, 2020.
According to the indictment, Al Fawadi, an Iraqi citizen, made false statements in connection with his application to become a lawful permanent resident. Specifically, the indictment alleges that he made false statements (1) on his United States Citizenship and Immigration Services (USCIS) Form I-485 for permanent residence; (2) to an official of the USCIS, a component of the Department of Homeland Security, during an interview conducted on April 9, 2019, in connection with his application for permanent residence; and (3) to another USCIS official on October 30, 2019.
As detailed in the indictment, Al Fawadi falsely answered questions where honest answers would have revealed that (1) he had been a member of and affiliated with Asa’ib Ahl al-Haq, an Iranian-backed Shiite militia and paramilitary organization and group whose members routinely used weapons against others and threatened to do so; (2) he had also assisted and provided material support to Asa’ib Ahl al-Haq knowing that it had engaged in and conspired to engage in sabotage, kidnapping, political assassination, hijacking, and other forms of terrorist activity; (3) he had received military, paramilitary and weapons training; and (4) he had traveled to Iran and Syria. By instead providing false answers, Al Fawadi attempted to conceal all of this information from the USCIS.
According to the indictment, on March 17, 2015, while in Turkey, Al Fawadi applied for classification as a refugee and to be admitted to the United States along with his family in large part on his claim that, while in Iraq, he was persecuted and threatened by Asa’ib Ahl al-Haq because he had refused to assist in the kidnappings of Sunni Muslims.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Al Fawadi faces up to 5 years in prison on each false statement charge, up to 3 years of post-imprisonment supervised release, and a maximum $250,000 fine. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and Homeland Security Investigations, with assistance from the Onondaga County District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Steven D. Clymer.
Norwich Man Sentenced to More Than 5 Years in Federal Prison for Firearm OffenseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that DANIEL FRANCOIS, also known as “Bear,” 30, of Norwich, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 65 months of imprisonment, followed by three years of supervised release, for illegally possessing firearms.
According to court documents and statements made in court, on May 20, 2019, Francois was arrested after he provided quantities of crack cocaine and marijuana to an undercover ATF special agent in exchange for two Davis model P-380 .380 caliber pistols. A subsequent search of Francois’ person and vehicle also revealed approximately 20 grams of heroin.
Francois’ criminal history includes state felony convictions for robbery and drug offenses. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
Francois has been detained since his arrest. On December 2, 2019, he pleaded guilty to one count of possession of a firearm by a previously convicted felon.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Ledyard and Norwich Police Departments, with the assistance of Connecticut State Parole. The case was prosecuted by Assistant U.S. Attorney Margaret M. Donovan.
This prosecution has been brought though Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
New Jersey Man Sentenced for Wire Fraud against Tribal CasinoRead the Press Release
United States Attorney Ron Parsons announced that a Mays Landing, New Jersey, man charged with Wire Fraud pled guilty and was sentenced on October 2, 2020, by District Judge Charles B. Kornmann.
Mark A. Johnson, d/b/a Atlantic Power & Equipment, L.L.C., age 60, was sentenced to 41 months in federal prison, followed by 3 years of supervised release, restitution to Dakota Nations Gaming Enterprise in the amount of $149,600, and $100 to the Federal Crime Victims Fund.
Johnson was indicted by a federal grand jury on March 5, 2019.
The conviction stemmed from an incident between on or about March 2014 and July 2014.
In approximately February 2014, the Sisseton Wahpeton Oyate (SWO) Tribal Council authorized the Dakota Magic Casino to purchase lawn maintenance equipment. The Dakota Nation Gaming Enterprise (DNGE) oversees gaming operations occurring on the SWO Reservation, including operations at the Dakota Magic Casino.
On or about March 25, 2014, Johnson submitted a proposal to the DNGE to provide refurbished lawn maintenance equipment. Johnson falsely and fraudulently represented that the equipment would be delivered to the Dakota Magic Casino four to six weeks after the date of order. The DNGE agreed to purchase the refurbished lawn maintenance equipment from Johnson.
On or about March 28, 2014, Dakota Magic Casino prepared and mailed a check for $149,600 payable to Atlantic Power & Equipment, LLC as full payment for the refurbished lawn maintenance equipment. Johnson received and deposited the check and used the funds for his own purposes. This transaction involved an interstate wire transmission on or about March 31, 2014, from Dacotah Bank in South Dakota to Wells Fargo Bank in New Jersey, through the Endpoint Exchange in Oklahoma. The equipment was never delivered to the Dakota Magic Casino, nor did Johnson refund the money to the Dakota Magic Casino.
The investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Ann M. Hoffman.
Johnson was remanded to the custody of the U.S. Marshals Service.
Morris County Woman Sentenced to 18 Months in Prison for Conspiring to Illegally Export Aircraft Components to IranRead the Press Release
NEWARK, N.J. – A Morris County, New Jersey, woman was sentenced today to 18 months in prison for her role in a scheme to illegally smuggle millions of dollars’ worth of aircraft parts from the United States to Iran, U.S. Attorney Craig Carpenito announced.
Joyce Eliabachus, a/k/a “Joyce Marie Gundran Manangan,” 53, of Morristown, New Jersey, previously pleaded guilty before U.S. District Judge Madeline Cox Arleo to an information charging her with one count of conspiracy to violate the International Emergency Economic Powers Act (IEEPA) in connection with her role in an international procurement network that smuggled over $2 million worth of aircraft components to Iran. Judge Arleo imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Eliabachus, Peyman Amiri Larijani, 34 – a citizen and resident of Iran – and others were part of an international procurement network that surreptitiously acquired large quantities of aircraft components from United States-based manufacturers and vendors and unlawfully exported them to entities in Iran using freight-forwarding companies in the United Arab Emirates (UAE) and Turkey. Larijani is charged by complaint with one count each of conspiracy to violate Iranian Transactions and Sanctions Regulations (ITSR), conspiracy to commit money laundering, and conspiracy to smuggle goods from the United States. Larijani was also charged in U.S. District Court for the District of Columbia in two separate indictments unsealed June 4, 2019.
Eliabachus was the principal officer and operator of Edsun Equipments LLC, a purported New Jersey-based aviation parts trading company run out of her Morristown residence. Larijani was the owner of an Iran-based procurement firm and served as operations and sales manager of a network of supply and engineering companies in Tehran, Iran, and Istanbul, Turkey.
From May 2015 through October 2017, Eliabachus, Larijani, and their conspirators facilitated at least 49 shipments containing 23,554 license-controlled aircraft parts from the United States to Iran, all of which were exported without the required licenses.
Eliabachus conspired with Larijani, whose international network helped initiate the purchase of United States-origin aircraft components on behalf of Larijani’s clients in Iran. The network’s client list included Iranian airline companies, several of which have been officially designated by the United States as a threat to national security, foreign policy, or economic interests. One company, Mahan Air Co., has been subject to sanctions by the United States for providing financial, material and technological support to the Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF), and allegedly ferrying arms and reinforcements to designated terrorist groups such as Hezbollah and Hamas.
Eliabachus used her company to finalize the purchase and acquisition of the requested components from the various United States-based distributors. She repackaged and shipped the components to shipping companies in the UAE and Turkey, where Larijani and other Iranian conspirators directed the components to locations in Iran.
In order to obscure the extent of the network’s procurement activities, Eliabachus routinely falsified the true destination and end-user of the aircraft components she acquired. She also falsified the true value of the components being exported in order to avoid filing export control forms, which further obscured the network’s illegal activities from law enforcement.
The funds for the illicit transactions were obtained from the Iranian purchasers, funneled through Turkish bank accounts held in the names of shell companies controlled by the Iranian conspirators. The money was ultimately transferred into one of Edsun Equipments’ accounts in the United States. The network’s creation and use of multiple bank accounts and shell companies abroad was intended to conceal the true sources of funds in Iran, as well as the identities of the Iranian entities who were receiving U.S. aircraft components.
In addition to the prison term, Judge Arleo sentenced Eliabachus to one year of supervised release.
U.S. Attorney Carpenito credited special agents of Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina in Newark, and the U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, under the direction of Special Agent in Charge Jonathan Carson in New York, with the investigation.
The government is represented by Assistant U.S. Attorneys Dean C. Sovolos of the U.S. Attorney’s Office National Security Unit, and Sarah Devlin, Chief of the office’s Asset Recovery and Money Laundering Unit, with assistance from Trial Attorney David Recker of the National Security Division’s Counterintelligence and Export Control Section.
The charges still pending against Larijani are only allegations, and he is presumed innocent unless and until proven guilty.
Monroe Lab Owner Indicted for Paying Bribes and Kickbacks Resulting in Improper Billings to Medicare of Approximately $117 MillionRead the Press Release
MONROE, La. – George M. “Trey” Fluitt, III, 53, of Monroe, made his initial appearance in United States District Court today, Acting United States Attorney Alexander C. Van Hook announced. Fluitt, the owner and operator of Specialty Drug Testing, LLC (“Specialty”) in Monroe, was indicted by a federal grand jury for paying bribes and kickbacks in violation of the Anti-Kickback Statute, resulting in improper billings to Medicare of approximately $117 million.
Fluitt was charged with one count of conspiracy to defraud the United States and to pay and receive health care kickbacks. In addition, the indictment charges Fluitt with two counts of offering and payment of kickbacks and bribes in connection with a federal health care program, specifically Medicare.
According to the indictment, Fluitt and Specialty conspired with other unnamed co-conspirators and companies to unlawfully enrich themselves and others by soliciting and paying kickbacks and bribes in return for patient DNA specimens and physicians’ orders for cancer genetic tests and pharmacogentic testing. The indictment alleges that Fluitt and two other co-conspirators created and transmitted invoices and spreadsheets reflecting the kickback and bribe payments owed by Specialty, and used email and other forms of communication to inform each other of Medicare reimbursements, the payment of kickbacks and bribes, and other matters related to the scheme to defraud. It is further alleged in the indictment that as a result of these false and fraudulent claims, Medicare paid to Specialty at least the approximate amount of $28,726,229.
If convicted, the defendant faces up to five years in prison for each count of conspiracy to defraud health care program. Fluitt also faces 10 years in prison for illegal kickbacks. The defendant faces up to 5 years of supervised release, a $250,000 fine, forfeiture and restitution.
The U.S. Department of Health and Human Services, Office of Inspector General, conducted the investigation. U.S. Department of Justice, Criminal Division, Trial Attorneys Gary A. Winters, Justin M. Woodard, and Assistant U.S. Attorney Seth D. Reeg are prosecuting the case.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
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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.
Milford Man Pleads Guilty to Bank RobberyRead the Press Release
CONCORD - Seamus Murphy, 38, formerly of Milford, pleaded guilty in federal court to bank robbery, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on January 8, 2020, Murphy entered the People’s United Bank in Derry and gave a note to the teller, indicating he had a gun and demanding money. The teller gave him $712 from the drawer. Police arrived on scene and saw Murphy running toward a nearby fast food store where they encountered him and recovered the $712. Murphy was on federal supervised release at the time of the robbery.
Murphy is scheduled to be sentenced on January 14, 2021.
“Bank robberies endanger bank employees and the general public,” said U.S. Attorney Murray. “These violent crimes will not be tolerated. We will work closely with our federal, state, and local law enforcement partners to keep the Granite State safe by investigating and prosecuting those who commit bank robberies and other violent offenses.”
This matter was investigated by the Federal Bureau of Investigation with assistance from the Derry Police Department. The case is being prosecuted by Assistant U.S. Attorney Georgiana L. MacDonald.
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Michigan City Man Convicted Following 2-Day Jury TrialRead the Press Release
SOUTH BEND – Rapheal Seay, age 30, of Michigan City, Indiana was convicted of being a felon in possession of a firearm, announced U.S. Attorney Kirsch.
U.S. District Court Judge Jon E. DeGuilio presided over this 2-day trial.
According to evidence presented at trial, in December of 2019 Mr. Seay was driving in Michigan City with a loaded 9 millimeter firearm that had an extended magazine. Police officers pulled his car over and recovered the firearm. During a later interview, Mr. Seay told investigators that he had the gun for protection and had bought it in South Bend a month previously. At the time of the offense, Mr. Seay was on federal supervised release for being a felon in possession of a firearm.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Michigan City Police Department and LaPorte County Drug Task Force. The case was prosecuted by Assistant United States Attorneys Molly E. Donnelly and Jerome W. McKeever.
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Mexican Meth Courier Arrested in Merced County Pleads GuiltyRead the Press Release
FRESNO, Calif. — Alejandro Lopez, 50, a citizen of Mexico, pleaded guilty today to possessing methamphetamine with intent to distribute, U.S. Attorney McGregor W. Scott announced.
According to court documents, Lopez was stopped for a traffic violation in Merced County as he was driving northbound on Highway 99. Following the stop, law enforcement officers discovered approximately 32 pounds of methamphetamine in a spare tire of the vehicle that Lopez had been driving.
This case is the product of an investigation by Homeland Security Investigations and California Highway Patrol. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Lopez is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Jan. 11, 2021. Lopez faces a maximum statutory penalty of life in prison, a mandatory minimum prison term of 10 years, and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Member of Navajo Nation charged with second degree murder in Indian country and obstruction of justiceRead the Press Release
ALBUQUERQUE, N.M. – Anthony Frazier, Jr., 28, of Ramah, New Mexico, and an enrolled member of the Navajo Nation, appeared in federal court in Las Cruces, New Mexico, on Oct. 2 for an initial appearance on an indictment charging him with second-degree murder in Indian Country and obstruction of justice.
According to the indictment, on March 27, 2018, Frazier allegedly killed a man and tampered with evidence at the man’s residence to impede a potential federal grand jury investigation following law enforcement’s investigation into the murder. The events allegedly took place within the exterior boundaries of the Ramah Navajo Reservation.
Frazier was arrested on unrelated state charges in California and transported back to the District of New Mexico. He is currently in custody pending trial. Frazier faces up to life in prison if convicted of the charged offenses.
Indictments are only allegations. A defendant is presumed innocent unless and until proven guilty.
The Gallup office of the FBI investigated this case with assistance from the Ramah Navajo Police Department. Assistant U.S. Attorney David P. Cowen is prosecuting the case.
Media AdvisoryRead the Press Release
Methamphetamine remains a dangerous drug that adversely affects the health and safety of our communities. Methamphetamine trafficking also often involves the use of firearms and violence. The United States Attorney’s Office is committed to prosecuting those who profit from trafficking and selling this poison. Two ongoing cases in federal district court in Sioux City demonstrate both the dangers methamphetamine represent and the importance of prosecuting these dangerous drug traffickers.
On October 8, 2020, Monee Yodprasit will be sentenced in federal district court in Sioux City, Iowa, following his conviction for conspiracy to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon. In addition, another defendant, Liborio Martinez-Rubio, is pending sentencing after pleading guilty to conspiracy to distribute 50 grams or more of methamphetamine and possession of firearms in furtherance of a drug trafficking crime.
On October 8, 2020, at 4:00 p.m., representatives of the United States Attorney’s Office, the United States Drug Enforcement Agency, the United States Postal Inspection Service, and the Sioux City Police Department will hold a press conference in front of the Sioux City Police Department, 601 Douglas St., in Sioux City, Iowa, to discuss the cases.
Event Details
When: October 8, 2020
Where: Sioux City Police Department, 601 Douglas St.
Time: 4:00 p.m.
Press releases and interview opportunities will be available.
To RSVP, please email Timothy Duax at [email protected] or call 712-202-1712.
Follow us on Twitter @USAO_NDIA.
McKeesport Felon Charged with Illegal Gun PossessionRead the Press Release
PITTSBURGH - A resident of McKeesport, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Spayne Swindle, Jr., age 26, as the sole defendant.
According to the Indictment, on October 2, 2020, Swindle possessed a firearm, specifically a Glock 20, 10 mm semi-automatic handgun, knowing he had previously been convicted of Distribution of Cocaine within 1,000 Feet of a Protected Location, in the United States District Court for the Northern District of West Virginia, on January 8, 2014. Federal law prohibits felons from possessing firearms.
The law provides for a maximum total sentence of not more than 10 years in prison, a fine of $250,000 or both. However, if it is determined that the defendant has three previous convictions for a violent felony or a serious drug offense, or both, then the term of imprisonment is not less than 15 years to a maximum of life imprisonment. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Allegheny County Police conducted the investigation leading to the Indictment in this case.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian enhances coordination of federal, state, and local authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the Pennsylvania Instant Criminal Background Check System (PICS), to include taking appropriate actions when a prospective purchaser is denied for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Luzerne County Men Charged with Fentanyl Trafficking That Resulted in DeathRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that charges were unsealed yesterday for five Luzerne County men, for various fentanyl, cocaine, and tramadol trafficking offenses, including fentanyl dealing that resulted in death. The defendants are:
- Edwin Tejeda, age 30, of Wilkes-Barre, Pennsylvania and the Dominican Republic;
- Jose Raymer Tejeda, age 36, of Wilkes-Barre, Pennsylvania;
- Emilio Tejeda, age 32, of Wilkes-Barre, Pennsylvania;
- James Garris, Jr., age 51, of Wilkes-Barre, Pennsylvania; and
- James Tindol, Jr., age 37, of Nanticoke, Pennsylvania.
Brothers Edwin, Jose Raymer, and Emilio Tejeda were indicted by a federal grand jury on June 30, 2020, with conspiring to traffic cocaine and 400 grams or more of fentanyl, between January 2016 and February 2020. According to United States Attorney David J. Freed, the indictment alleges that Edwin Tejeda and Jose Raymer Tejeda are charged with causing the death of A.V. as a result of that conspiracy. The three also are charged varyingly with 19 counts of trafficking fentanyl and tramadol during the course of the conspiracy, and with maintaining a drug premises. The indictment also seeks forfeiture of two Wilkes-Barre properties, two firearms and ammunition, and over $25,000 seized by law enforcement. The defendants all await trial. The indictment remained under seal until Edwin Tejeda was apprehended while traveling to the United States from the Dominican Republic.
James Garris, Jr., was charged in an information on June 3, 2020, with delivering fentanyl that resulted in death. Garris pleaded guilty to that charge on July 7, 2020, and awaits sentencing. James Tindol, Jr. also was charged in an information on March 4, 2020, with delivering fentanyl that resulted in death.
In a related case, on June 30, 2020, Kearon Brinson, age 40, of West Nanticoke, Pennsylvania, and Lamont Hubbard, age 49, of Plymouth, Pennsylvania, were indicted by a federal grand jury on drug trafficking and ammunition charges. According to United States Attorney Freed, the indictment alleges that Brinson and Hubbard conspired to traffic in excess of 40 grams of fentanyl between January 2019 and February 2020. Brinson was charged with possessing with the intent to distribute crack cocaine on February 24, 2020. Brinson and Hubbard both were charged with possessing with the intent to distribute fentanyl on February 24, 2020. Hubbard also was charged with possessing ammunition as a convicted felon. The indictment also seeks forfeiture of assorted ammunition and over $3,500 seized by law enforcement during the investigation. Both defendants await trial.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Luzerne Country Drug Task Force, and the Kingston Police Department. Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
This case further was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the drug delivery resulting in death charges are a minimum 20 years and maximum life term of imprisonment. Other drug charges against the defendants carry five and ten-year mandatory minimums. 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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Lexington Man Sentenced to 10 Years in Federal Prison on Drug ChargeRead the Press Release
Columbia, South Carolina --- United States Attorney Peter M. McCoy, Jr., announced today that Harold James Jones, Jr., 49, of Lexington, was sentenced to ten years in federal prison after pleading guilty to possession with intent to distribute marijuana.
Evidence presented to the court showed that on December 2, 2016, law enforcement was notified of a Ford Explorer that was failing to stop for the Newberry County Sheriff’s Office. A Trooper with the South Carolina Highway Patrol observed the vehicle and performed a traffic stop. As the Trooper approached the vehicle, driven by Jones, he could smell an odor of marijuana coming from the vehicle. The Trooper located approximately 52 grams of marijuana, along with a scale, sandwich baggies, a box of .38 caliber ammunition, and a handgun. Jones further admitted to selling marijuana.
United States District Judge Mary Geiger Lewis sentenced Jones to 120 months in federal prison, to be followed by a four-year term of court-ordered supervision. There is no parole in the federal system.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), South Carolina Highway Patrol, and the Lexington County Sheriff’s Department. This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. Special Assistant U.S. Attorney Casey Rankin Smith of the 11th Judicial Circuit Solicitor’s Office prosecuted the case, and Assistant U.S. Attorney William K. Witherspoon of the Columbia office handled the sentencing.
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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.
Law enforcement honored by U.S. Attorney at awards ceremony in MartinsburgRead the Press Release
U.S. Attorney Bill Powell speaking at the Martinsburg U.S. Attorney Awards CeremonyMARTINSBURG, WEST VIRGINIA – Eight law enforcement representatives were recognized today for their outstanding work in the greater Martinsburg area.
U.S. Attorney Bill Powell recognized the Berkeley County Sheriff’s Deputy Colleen Thompson, FBI Special Agent Ellen Duffy, ATF Special Agent Seth Cox, the Eastern Panhandle Drug & Violent Crimes Task Force, the Potomac Highlands Drug & Violent Crimes Task Force, West Virginia State Police Sergeant Jeff Chumley, FBI Special Agent Peter Olinits, and FBI Special Agent Lauren Koscho with U.S. Attorney Awards for their contributions to create safer communities.
“It is my great honor to recognize those in law enforcement who go above and beyond to protect our children, our community and our national security. Notwithstanding the turbulent times, important work was being done. 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.
Berkeley County Sheriff’s Deputy Colleen Thompson was honored for her tireless work in getting a child predator off the streets. Deputy Thompson pushed through many obstacles to ensure that Paul Hamilton paid for his crimes against a juvenile. Hamilton pled guilty to a child pornography charge and was sentenced to 10 years in federal prison for his crimes. When released from prison, Hamilton will be under the supervision of the U.S. Probation Office for the rest of his life. Deputy Thompson doesn’t typically take on cases involving crimes against children, but she refused to stop until Hamilton was off the streets.
FBI Special Agent Ellen Duffy is receiving an award for her efforts in moving the Hamilton case forward in the federal court system, working with Deputy Thompson. Special Agent Duffy’s commitment to protecting children shows in her daily work. She has been a key to putting many other child pornography perpetrators behind bars. Agent Duffy helped secure a 27-year sentence against Alan Williams for child pornography charges. Her work on the Jasper and Christine Shook cases was also exemplary.
ATF Special Agent Seth Cox was recognized for his work in dismantling a complex firearms trafficking scheme involving Shauntae Placko, Sean Placko, and Roger Williams. Special Agent Cox’s efforts stopped the trafficking of dozens of firearms into the Washington, D.C. area. He was integral in securing a combined 12 years in prison for the three defendants.
The Eastern Panhandle Drug & Violent Crimes Task Force Eastern Panhandle Drug and Violent Crimes Task Force was the key to dismantling a large drug trafficking ring dubbed the triple Crown Crew. The Triple Crown Crew investigation is an Organized Crime Drug Enforcement Task Force case that led to the indictment of thirty-three people and prosecution of eight cases. The Eastern Panhandle Drug and Violent Crimes Task Force completed nearly a yearlong investigation into the trafficking of fentanyl, heroin, cocaine base, and cocaine hydrochloride in the Eastern Panhandle of West Virginia. The drugs were distributed throughout the eastern panhandle to include Jefferson and Berkeley Counties in West Virginia. Because of their efforts, 11 of the defendants have pled guilty and were sentenced to a combined 248 months in prison. Another seven defendants have admitted guilt and are awaiting sentencing. The other cases are still pending.The Potomac Highlands Drug and Violent Crimes Task Force was honored for helped bring down a drug trafficking ring dubbed Operation Mountaintop. This case arises out of an Organized Crime Drug Enforcement Task Force investigation into the distribution of crystal methamphetamine by various individuals in the area of Mineral County, West Virginia and elsewhere. Giovanni Geonard Ingersoll, also known as Mike Avery, and Victor Witcher transported pounds of crystal methamphetamine from the Akron, Ohio area into the Mineral County, West Virginia area. This was a well put together case that involved a large investment of investigative time and resources. The dismantling of the drug operation had a widespread impact in Grant, Hampshire, Hardy, Mineral, and Randolph counties. As a result, two of the defendants have been sentenced to a combined 360 months in prison. Two other defendants have admitted guilt and awaiting sentencing.
West Virginia State Police Sergeant Jeff Chumley was recognized for his work in ensuring that the very things that were used to commit a child pornography crime stayed out of the hands of the offender. Christopher Oden was prosecuted by both the state of West Virginia and our office for possessing sexually explicit images of minor victims. As part of the investigation, West Virginia State Police seized various property from Mr. Oden, including a laptop computer, a phone, and a camera. After his prosecution was complete, Mr. Oden wanted his property back, with special emphasis on the laptop. Sgt. Chumley’s efforts went above and beyond to make sure that Oden’s laptop, phone, and camera weren’t returned to him.
FBI Special Agent Peter Olinits and FBI Special Agent Lauren Koscho spent tireless hours and traveled hundreds of miles in the eight-month investigation into Elizabeth Jo Shirley, an American citizen and resident of Hedgesville, West Virginia, who has worked in the United States Intelligence Community for over two decades. The investigation involved approximately 72 records subpoenas, testimony from four grand jury witnesses, three 2703(d) Orders, and 16 search warrants (a residence, a storage unit, a vehicle, various electronic devices, and various electronic accounts). Shirley has pled guilty and is awaiting sentencing.
The ceremony was held at the Berkeley County Council Chambers 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 are planned in Wheeling and Clarksburg to honor more recipients of the U.S. Attorney Awards.
Laredoan charged with importing meth inside tacosRead the Press Release
LAREDO, Texas – A 30-year-old resident of Laredo has been indicted for allegedly importing 1.26 kilograms of meth into the United States, announced U.S. Attorney Ryan K. Patrick.
The Laredo grand jury returned a two-count indictment today against Nicolas Castro Jr. for conspiracy and importing meth into the United States. He is expected appear for his arraignment before a U.S. magistrate judge in the near future.
The criminal complaint originally filed in the case alleges that on Sept. 8, Castro attempted to enter the United States at the Gateway to the Americas Bridge in Laredo. Upon his arrival, authorities inspected his belongings which included a plastic bag containing tacos and chips, according to the charges. A K-9 allegedly alerted to the presence of narcotics within the bag.
According to the charges, the contents of the tacos subsequently tested positive for meth and weighed a total of 1.26 kilograms.
If convicted, he faces up to life in prison as well as a possible $10 million fine.
The Drug Enforcement Administration conducted the investigation with assistance from Customs and Border Protection. Assistant U.S. Attorney Brian Bajew is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Kanawha County Man Sentenced for Defrauding FEMA of 2016 Disaster Relief FundsRead the Press Release
CHARLESTON, W.Va. – Mike Stuart, United States Attorney for the Southern District of West Virginia, announced that a Kanawha County man was sentenced today for defrauding the Federal Emergency Management Agency (FEMA) of 2016 disaster relief funds. Randall Butler, 46, of Charleston, was sentenced to 24 months in federal prison for fraud in connection with major disaster or emergency benefits. Butler pled guilty to the charge in July 2020 and pursuant to his plea agreement, he also agreed to pay $8,614 in restitution.
“As taxpayers, we all suffer when federal assistance programs are defrauded,” said United States Attorney Mike Stuart. “We will not tolerate fraud when our state is struck by natural disaster and West Virginians need critical relief funds to recover and rebuild. We will work with our law enforcement partners to ensure that fraudsters are prosecuted and federal assistance reaches those who are truly in need and eligible to receive federal dollars.”
“DHS OIG remains committed to investigating fraud that affects the Federal Emergency Management Agency’s disaster relief programs,” said Homeland Security Inspector General Joseph V. Cuffari. “Furthermore, we are thankful to our colleagues at the West Virginia Commission on Special Investigations for their assistance in this investigation.”
At the time of the historic 2016 floods, Butler was living in an apartment in Clendenin, an area where FEMA was authorized to provide assistance to affected residents, including rental assistance. After the flood and a brief stay in a rescue shelter, Butler and his family moved to an apartment in Charleston. Butler admitted that he applied for FEMA relief funds for displaced housing even though he knew he was not allowed to receive the FEMA monies, because the U.S. Department of Housing and Urban Development had submitted rental payments on his behalf. Butler further admitted that he had received approximately $8,600 from FEMA for rental assistance, even though he had not been paying the rent himself.
The Department of Homeland Security - Office of Inspector General (DHS OIG) and the West Virginia Commission on Special Investigations conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Kathleen Robeson handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00079.
Follow us on Twitter: SDWVNews and USAttyStuart
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KCK Couple Sentenced in Mexican Methamphetamine ConspiracyRead the Press Release
KANSAS CITY, KAN. – A married couple was sentenced to federal prison today for being part of a drug ring that distributed methamphetamine from Mexico in the Kansas City metro area, U.S. Attorney Stephen McAllister said.
Marlon Gutierrez, 41, Kansas City, Kan., was sentenced to 260 months in federal prison. Karen Ortega, 43, Kansas City, Kan., was sentenced to 168 months in federal prison. Previously, co-defendant Edelfonso Gonzalez-Gonzalez was sentenced to 30 years.
Gutierrez and Ortega pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine.
In their pleas, they admitted they rented a house from co-defendant Gonzalez-Gonzalez in the 3000 block of North 34th Street in Kansas City, Kan. They lived there with Ortega’s minor children. One condition of renting the house was to monitor the property including a detached garage where the traffickers stored narcotics. Gutierrez, who was a drug courier for Gonzalez-Gonzalez, had a key to the garage. When investigators served a search warrant at the residence they found approximately 20 pounds of methamphetamine, 1.8 pounds of heroin and more than $230,000 in cash.
In her plea, Ortega admitted federal investigators had her under surveillance when she met another conspirator in a Wal-Mart parking lot at 10824 Parallel Parkway and sold almost two pounds of methamphetamine for $4,500.
McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives, Assistant U.S. Attorney Terra Morehead and Assistant U.S. Attorney Sheri Catania for their work on the case.
Justice Department Settles Citizenship-Status Discrimination Against South Carolina Security Guard Firm Involving Former Interpreter for the U.S. Military in IraqRead the Press Release
The Justice Department announced today that it reached a settlement with Security Management of South Carolina LLC (Security Management), a private security company that provides armed and unarmed security services throughout South Carolina and Georgia.
The settlement resolves claims that Security Management discriminated against a worker in South Carolina by withdrawing his conditional job offer because of the worker’s status as a naturalized U.S. citizen. The settlement further resolves claims that Security Management discriminated against work-authorized non-U.S. citizens in the state of Georgia by routinely limiting security officer positions to U.S. citizens without legal justification and posting job ads that deterred qualified non-citizens from applying.
“Companies cannot make hiring decisions based on how a worker became a U.S. citizen or post job advertisements with unlawful citizenship restrictions that deter qualified work-authorized applicants,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Division is committed to ensuring that work-authorized individuals protected under the Immigration and Nationality Act have an opportunity to apply and be considered for employment opportunities based on their merits.”
The department’s investigation began after a naturalized U.S. citizen (an individual who was born in another country and later became a U.S. citizen) filed a discrimination complaint against Security Management. Prior to immigrating to the U.S., the worker served as an interpreter for U.S. military forces in Iraq. Based on its investigation, the department concluded that after the worker successfully applied for a job with Security Management in South Carolina, the company unlawfully withdrew the worker’s job offer because he is a naturalized U.S. citizen instead of a native-born citizen. The department also concluded that from at least April 2018 through December 2019, Security Management posted job advertisements that restricted security officer positions in Georgia to U.S. citizens, thereby excluding work authorized non-U.S. citizens, including lawful permanent residents, asylees, and refugees. The department determined that Security Management did not have a legal basis for restricting hiring in Georgia to U.S. citizens.
The Immigration and Nationality Act (INA) protects U.S. citizens, U.S. nationals, refugees, asylees, and recent lawful permanent residents from citizenship status discrimination in hiring, firing, and recruitment or referral for a fee. Workers who fall outside of these categories are not protected from citizenship status discrimination under the INA. One example of citizenship status discrimination is when employers limit jobs to U.S. citizens or nationals as opposed to other protected individuals — to include asylees, refugees, and recent lawful permanent residents — without legal justification.
Under the terms of the settlement agreement, Security Management will pay a civil penalty of $60,000, establish a $75,000 back pay fund for affected workers, and pay the worker whose discrimination complaint prompted the investigation $7,907.81 in back pay. Security Management will also remove unlawful citizenship status restrictions from its job advertisements, revise its policies and procedures, train relevant employees about the requirements of the INA’s citizenship-status provision, and be subject to departmental monitoring for two years.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. More information about how to avoid discrimination when recruiting and hiring workers is available here. For more information about protections against employment discrimination under immigration laws, contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, can file a charge.
Members of the public can also report possible civil rights violations through the Civil Rights Division’s reporting portal.
Justice Department Awards $144 Million to Improve Services for Crime VictimsRead the Press Release
The Department of Justice today awarded grants totaling over $144 million to enhance services for victims of crime across the United States.
“The Department of Justice is steadfast in its commitment to protecting public safety and bringing justice to those who have been victimized,” said Attorney General William P. Barr. “The investments we are making today will support service providers as they work to secure the legal rights of victims and put survivors of criminal acts on the road to recovery.”
All grant money being awarded today comes from offices within the department’s Office of Justice Programs (OJP). Approximately $64.3 million was awarded under Office for Victims of Crime (OVC) grant programs; over $54.1 million was awarded under Office of Juvenile Justice and Delinquency Prevention (OJJDP) programs; over $19.9 million was awarded under Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) grant programs; and nearly $5.7 million was awarded under two National Institute of Justice (NIJ) grant programs.
“As lockdowns and lawlessness fuel crime in America’s homes and communities, more people are vulnerable to victimization and those who have been victimized face new hurdles,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is committed to giving our victim service partners the tools they need to better serve their clients and protect victims’ rights.”
Grants awarded under FY 2020 OVC programs further the department's mission to enhance the field's response to victims of crime. Specific programs are:
- The Emergency and Transitional Shelter and Housing Assistance for Domestic Violence, Sexual Assault and Stalking Victims and their Companion Animals Grant program gives over $2.2 million to six organizations for shelter and transitional housing to victims of domestic violence, dating violence, sexual assault or stalking and their companion animals.
- The Improving Community Preparedness to Assist Victims of Mass Violence or Domestic Terrorism: Training and Technical Assistance Project awards nearly $3 million to provide individualized training and technical assistance to state, local and tribal law enforcement; units of government; emergency managers; victim service providers; and other stakeholders to help augment their community emergency management response plans to ensure that the needs of victims, families and first responders are addressed after incidents of criminal mass violence or domestic terrorism.
- The Advancing the Use of Technology to Assist Victims of Crime program gives over $6.2 million to five organizations to support projects that demonstrate innovative strategies to create, expand or enhance the use of technology to interact directly with crime victims and to provide information, referrals, crisis assistance and long-term help.
- The Addressing Female Genital Mutilation and Cutting program gives nearly $1.8 million to six recipients to address communities’ responses to victims of female genital mutilation and over $1 million to one organization to provide targeted technical assistance to inform front-line providers on how to identify and serve victims and persons at-risk of being victimized.
- The Targeted Training and Technical Assistance for VOCA Victim Assistance and Compensation Administrators program awards nearly $5 million specifically to provide peer-to-peer training on federal grants management and administration for Victims of Crime Act victim assistance grantees and subgrantees.
- The Crime Victims' Rights Legal Clinics program gives nearly $4 million to four recipients to enforce crime victims' rights at the federal level under the Crime Victims' Rights Act and at the state, local or tribal level under substantially similar state, local, or tribal laws. Another $1 million is awarded to a training and technical assistance provider to support the clinics as they launch or expand their crime victims’ rights clinics and train allied professionals.
- The Law Enforcement-Based Victim Specialist program gives over $8.6 million to 22 recipients to develop or enhance crime victim specialist programs within law enforcement agencies to better support victims through the criminal justice process, and another $2 million to one organization to support training and technical assistance for the grantees.
- The Crime Victim Compensation Program Assessment program gives nearly $2.4 million to seven recipients to help selected states assess victims' access to compensation programs with the goal of increasing the number of victims aware of this resource.
- The State Victim Liaison Project gives over $4.7 million to 10 organizations to place one or more experienced crime victim liaisons within selected VOCA State Administrating Agencies to act as a bridge between the state and other state-based nongovernmental organizations in order to identify gaps in victim services and improve access to resources for crime victims in rural/tribal areas, older victims of crime and victims of violent crime.
- The Training for Law Enforcement to Improve Identification of and Response to Elder Fraud Victims program awards nearly $2 million to provide training and technical assistance to enhance law enforcement's ability to identify elder fraud victims, connect those victims with available services, and bring the fraudsters to justice.
- The Enhancing Services for Older Victims of Abuse and Financial Exploitation program awards nearly $6 million to 12 organizations to support communities in providing services to older victims of abuse and exploitation using trauma-informed approaches that protect the safety and confidentiality of victims.
- The Enhancing Community Responses to America's Drug Crisis: Serving Our Youngest Crime Victims program gives over $12 million to 17 organizations to support direct services to children and youth who are crime victims as a result of the nation's addiction crisis; and nearly $1.5 million to one organization to support training and technical assistance for the direct services grantees. In addition, OVC will award $250,000 in continuation funding to the Modoc Tribe of Oklahoma to provide services to Tribal children and youth who are victimized as the result of the opioid crisis.
- The National Crime Victims’ Rights Week (NCVRW) Community Awareness Program gives $300,000 to an eligible organization to continue supporting public awareness, community outreach, and education activities for crime victims' rights and services during NCVRW in April 2021.
Grants awarded under FY 2020 OJJDP programs further the department’s mission of supporting the effective investigation and prosecution of child abuse and neglect cases.
- Under the Victims of Child Abuse Act Support for Children’s Advocacy Centers program, OJJDP awarded more than $18.3 million in continuation funding to the National Children’s Alliance in Washington D.C. This program will provide support to Children’s Advocacy Centers (CACs) through three funding categories: subgrants to local CACs, state chapters and multidisciplinary teams ($15.3 million); subgrants to provide services for victims of child pornography ($2 million); and efforts to help military installations address cases of child abuse, including subgrants to local CACs ($1 million).
- OJJDP also awarded $5 million in continuation funding to four organizations via the VOCA Regional Children’s Advocacy Center. This program supports regional centers, one situated within each of the four U.S. Census regions, that help to build and establish multidisciplinary teams (MDTs), local programs, and state chapter organizations that respond to child abuse and neglect; and deliver training and technical assistance that strengthen existing MDTs, local CACs and state chapter organizations.
- Through the Victims of Child Abuse Act (VOCA) Training and Technical Assistance for Child Abuse Professionals program, OJJDP awarded $2.5 million to the National Children’s Advocacy Center in Alabama. This program promotes improved child interview techniques, thorough investigative methods, interagency coordination and effective presentation of evidence in court. The program will provide training and technical assistance to establish coordinated multidisciplinary programs that address child maltreatment.
- OJJDP awarded more than $10.8 million in continuation funding to the National Court Appointed Special Advocate Association in Washington under the Court Appointed Special Advocates Membership, Accreditation, and Subgrants Program and Training and Technical Assistance. This program aims to serve and improve outcomes for children in the dependency system; provide effective advocacy for abused and neglected children, including foster care youth; and build on the training and technical assistance program that OJJDP has developed in collaboration with the National CASA Association.
- OJJDP awarded more than $3.1 million to the National Council of Juvenile and Family Court Judges in Nevada under the Child Abuse Training for Judicial and Court Personnel program to improve juvenile justice and dependency systems’ response to child abuse and neglect, as well as child sexual exploitation and sex trafficking. This program provides judicial, legal and social service professionals with training and technical assistance to improve their understanding of child abuse; their ability to prevent placement in foster care when possible; and their ability to reunify families after foster care placement.
- OJJDP awarded more than $7.2 million to the National Children’s Alliance to support the American Indian and Alaska Native Subgrant Program. This program will support the expansion of new satellite CACs through the provision of subgrants to existing CACs in Alaska, and to tribes (or existing CACs serving tribes) interested in establishing a satellite CAC in the lower 48 states.
- Another $4.8 million was awarded to eight organizations through the Alaska Children’s Advocacy Center Expansion Initiative for Child Abuse Victims to support programmatic enhancements for existing Alaska-based CACs to increase the range and quality of services as well as specific infrastructure needs.
- Under the Training and Technical Assistance To Expand Children's Advocacy Centers Serving American Indian/Alaska Native Communities program, OJJDP awarded $1 million to the University of Montana to improve the capacity of child abuse professionals and promote the effective delivery of the evidence-informed CACs model and the multidisciplinary response to child abuse across American Indian/Alaska Native communities.
- OJJDP awarded $750,000 to the Choctaw Nation of Oklahoma via the Tribal Children’s Advocacy Center Expansion Initiative for Child Abuse Victims program to improve the capacity of child abuse professionals and promote the effective delivery of the evidence-informed CAC model and the multidisciplinary response to child abuse in tribal communities.
- OJJDP awarded $500,000 to the Alaska Children's Alliance (State Chapter) to enhance and expand the coordinated multidisciplinary investigation and prosecution of child abuse in Alaska through targeted training and technical assistance.
Grants awarded under FY 2020 SMART programs further the department’s mission of keeping communities safe by promoting innovation and best practices in preventing and protecting the public from sexual violence. Specific programs:
- The National Sex Offender Public Website program awards over $900,000 for continued Maintenance and Operation of the Dru Sjodin National Sex Offender Public Website program.
- The Keep Young Athletes Safe program awards over $2.2 million to support the ongoing implementation of prevention measures to safeguard amateur athletes from sexual, physical and emotional abuse in the athletic programs of the United States Olympic & Paralympic Committee, each national governing body and each Paralympic sports organization.
- The Adam Walsh Act program awards over $16.7 million to 61 recipients to help jurisdictions develop and enhance programs designed to implement the Sex Offender Registration and Notification Act (SORNA), which provides a comprehensive set of minimum standards for sex offender registration and notification in the United States. Almost $800,000 is being awarded to provide training and technical assistance to jurisdictions implementing SORNA standards.
Grants awarded under FY 2020 NIJ programs aim to evaluate and fund research projects related to perpetrators and victims of elder abuse. Specific programs:
- The Research and Evaluation of Victims of Crime program gives over $4.2 million to six recipients to evaluate programs that provide services for victims of crime and research the financial costs of victimization.
- The Research on the Abuse, Neglect and Exploitation of Elderly Individuals program awarded just under $1.5 million to two recipients to fund research projects to, respectively, better differentiate physical abuse of elderly individuals from accidental injury and to improve the reporting of elder abuse.
For a complete list of individual grant programs, amounts to be awarded and the jurisdictions that will receive funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/ovcvictimsfactsheet.pdf.
In addition to the grants listed above, OJP awarded nearly $101 million in funding to combat human trafficking and provide vital services to trafficking victims throughout the United States. For a complete list of individual grant programs, award amounts and jurisdictions that will receive this funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/ovchumantraffickingfactsheet.pdf.
- The Emergency and Transitional Shelter and Housing Assistance for Domestic Violence, Sexual Assault and Stalking Victims and their Companion Animals Grant program gives over $2.2 million to six organizations for shelter and transitional housing to victims of domestic violence, dating violence, sexual assault or stalking and their companion animals.
Judge Sentences Man to 46 months in Prison for being a Felon in Possession of a FirearmRead the Press Release
St. Louis, Missouri – Christopher Walton, 27, of St. Louis, Missouri, was sentenced to 46 months in prison for being a felon in possession of a firearm. He appeared in federal court today before U.S. District Judge Henry E. Autrey.
On August 1, 2019, law enforcement tracked Walton to a residence in the 200 block of Glen Garry Road as part of a fugitive investigation. Investigators arrested and searched Walton, and determined that he was in possession of keys to a stolen Gray 2014 Honda Accord parked outside of the Glen Garry Road residence.
After arresting Walton, law enforcement observed part of a firearm protruding from a dark-colored backpack located within the immediate entrance of the Glen Garry Road residence. The firearm was seized. The firearm was a Radical Firearms 5.56 / .223 Rem caliber semiautomatic pistol, loaded with 28 rounds of ammunition.
Walton admitted to ownership of the firearm and that he had just recently purchased the firearm. He further admitted to stealing the 2014 Honda Accord that law enforcement officers observed outside of the Glen Garry Road residence.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition.
The case was investigated by the St. Louis Metropolitan Police Department and the Federal Bureau of Investigation’s Fugitive Task Force.
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Judge Sentences Franklin County Woman to 11 years in Prison for her Role in Fentanyl and Heroin Conspiracy Resulting in DeathRead the Press Release
ST. LOUIS, MO – United States District Judge Audrey G. Fleissig sentenced Shannon Rennee Bradley to 132 months in prison and ordered her to pay restitution jointly with the co-defendant in the amount of $8,500. The 26-year-old Washington, Missouri resident pleaded guilty in January to conspiracy to distribute heroin and fentanyl, and aiding and abetting in the distribution of heroin and fentanyl. The conspiracy resulted in an overdose death.
On October 21, 2017, Bradley and co-defendant Jacob Brewer met the victim A.C. and her boyfriend at a gas station in Washington, Missouri, where the distribution took place. Late that evening, the victim and her boyfriend shared drugs sold by Bradley and Brewer. The woman’s boyfriend woke up and discovered his girlfriend unresponsive. The woman was taken to the hospital where she was pronounced dead. She died as a result of acute heroin and fentanyl intoxication.
Co-defendant Brewer pled guilty in May 2019 and is awaiting sentencing, which has not been set.
The Franklin County Sheriff’s Department and the Drug Enforcement Administration investigated this case. Assistant United States Attorneys Sara Koppenaal and James Delworth handled the case.
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John McAfee Indicted for Tax EvasionRead the Press Release
WASHINGTON – An indictment was unsealed today charging John David McAfee with tax evasion and willful failure to file tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney D. Michael Dunavant for the Western District of Tennessee. The June 15, 2020 indictment was unsealed following McAfee’s arrest in Spain where he is pending extradition.
According to the indictment, John McAfee earned millions in income from promoting cryptocurrencies, consulting work, speaking engagements, and selling the rights to his life story for a documentary. From 2014 to 2018, McAfee allegedly failed to file tax returns, despite receiving considerable income from these sources. The indictment does not allege that during these years McAfee received any income or had any connection with the anti-virus company bearing his name.
According to the indictment, McAfee allegedly evaded his tax liability by directing his income to be paid into bank accounts and cryptocurrency exchange accounts in the names of nominees. The indictment further alleges McAfee attempted to evade the IRS by concealing assets, including real property, a vehicle, and a yacht, in the names of others.
If convicted, McAfee faces a maximum sentence of five years in prison on each count of tax evasion and a maximum sentence of one year in prison on each count of willful failure to file a tax return. McAfee 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 until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Dunavant commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney William Guappone of the Tax Division and Assistant U.S. Attorneys Matthew Wilson and Damon Griffin, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
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Jersey/Swiss Financial Services Firm Admits to Conspiring with U.S. Taxpayers to Hide Assets and Income in Offshore AccountsRead the Press Release
LOS ANGELES – Strachans SA in Liquidation has pleaded guilty to conspiring with U.S. taxpayers and others to hide income and assets in offshore entities and bank accounts from the IRS, the Justice Department announced today.
The now-defunct financial services firm pleaded guilty Monday to one count of conspiracy to defraud the United States and was immediately sentenced by United States District Judge Otis D. Wright II to pay a $500,000 fine.
According to documents filed in Los Angeles federal court, Strachans was an independent firm providing administration to offshore structures for clients residing in a range of countries, including citizens and residents of the United States. The services provided included the formation of trusts and offshore companies, administration, bookkeeping and accounting. However, Strachans also helped U.S.-based clients hide assets from the IRS and evade taxes by:
- managing undeclared assets for U.S.-based clients that were held by nominee sham entities belonging to the U.S.-based clients;
- facilitating frequent cash collections by U.S.-based clients knowing that they had no intention of declaring the funds to the IRS;
- providing mechanisms for U.S.-based clients to access their undeclared offshore funds in a secret manner, including fake loans, fake consultancy agreements, and dummy invoicing; and
- for a limited number of U.S.-based clients who sought an extraordinary level of confidentiality, holding funds in the personal accounts of Strachans’ shareholders to conceal the true beneficial ownership of funds from the IRS.
Strachans accepted responsibility for its conduct by pleading guilty, stipulating to the accuracy of an extensive Statements of Facts. The guilty plea is the direct result of Strachans’ voluntary disclosure of its criminal conduct in May 2014, and its full and ongoing cooperation with the Department of Justice in connection with its criminal investigations. Strachans conducted an internal review to identify and collect data and information regarding its U.S.-taxpayer accounts, reported its findings to the department, and provided documentation supporting its findings. Strachans also assisted the Justice Department in preparing treaty requests for information regarding undeclared account holders.
This matter was investigated by IRS Criminal Investigation.
This case was prosecuted by Senior Litigation Counsel Nanette Davis and Mark Daly of the Justice Department’s Tax Division, and Assistant U.S. Attorney Robert F. Conte of the Tax Division.
Jersey/Swiss Financial Services Firm Admits to Conspiring with U.S. Taxpayers to Hide Assets and Income in Offshore AccountsRead the Press Release
Strachans SA in Liquidation pleaded guilty yesterday to conspiring with U.S. taxpayers and others to hide income and assets in offshore entities and bank accounts from the IRS, and was sentenced in accordance with the guilty plea, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, U.S. Attorney Nicola T. Hanna, and Chief James Lee of the Internal Revenue Service, Criminal Investigation (IRS-CI).
According to documents filed in Los Angeles federal court, Strachans was an independent firm providing administration to offshore structures for clients residing in a range of countries, including citizens and residents of the United States (U.S.-based clients). This included the formation of trusts and offshore companies, administration, bookkeeping, and accounting. Strachans additionally, however, helped U.S.-based clients hide assets from the IRS and evade taxes through the following:
- Managing undeclared assets for U.S.-based clients that were held by nominee sham entities belonging to the U.S.-based clients.
- Facilitating frequent cash collections by U.S.-based clients knowing that they had no intention of declaring the funds to the IRS.
- Providing mechanisms for U.S.-based clients to access their undeclared offshore funds in a secret manner, including fake loans, fake consultancy agreements, and dummy invoicing.
- For a limited number of U.S.-based clients, who sought an extraordinary level of confidentiality, holding funds in the personal accounts of Strachans’ shareholders to conceal the true beneficial ownership of funds from the IRS.
Strachans accepted responsibility for its conduct by pleading guilty, stipulating to the accuracy of an extensive Statements of Facts, and paying a fine of $500,000. Yesterday’s guilty plea is the direct result of Strachans’ voluntary disclosure of its criminal conduct in May 2014, and its full and ongoing cooperation with the Department of Justice in connection with its criminal investigations. Strachans conducted an internal review in order to identify and collect data and information regarding its U.S.-taxpayer accounts. Strachans reported its findings to the department, and provided documentation supporting its findings. Strachans also assisted the department in preparing treaty requests for information regarding undeclared account holders.
Principal Deputy Assistant Attorney General Zuckerman, U.S. Attorney Hanna, and Chief Lee commended special agents of IRS-Criminal Investigation, who investigated this case, and Senior Litigation Counsel Nanette Davis and Mark Daly of the Tax Division, and Assistant U.S. Attorney Robert Conte of the U.S. Attorney’s Office for the Central District of California, who prosecuted this case.
Indiana Man Charged in Federal Court with Illegally Selling Dozens of Guns in the Chicago AreaRead the Press Release
CHICAGO — An Indiana man has been charged with a federal firearm offense for allegedly illegally selling dozens of handguns and assault rifles in the Chicago area.
WAYNE ADAM TUCKER, 55, of Albion, Ind., is charged with one count of dealing firearms without a license, and one count of distribution of a controlled substance. A criminal complaint unsealed Monday in federal court in Chicago accuses Tucker of selling 39 guns on four occasions from April 2019 to February 2020. Three of the alleged sales occurred in south suburban Dolton, while one deal was allegedly conducted in Hammond, Ind. Unbeknownst to Tucker, the buyer in all of the deals was confidentially working on behalf of law enforcement, the complaint states.
Tucker was arrested Sunday. He made an initial court appearance Monday before U.S. Magistrate Judge Jeffrey Cole, who ordered Tucker released on home detention pending trial.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI; and David Brown, Superintendent of the Chicago Police Department. Assistant U.S. Attorney John D. Cooke represents the government.
According to the complaint, Tucker carried out the four unlicensed sales of firearms to the confidential source on April 28, 2019, Aug. 17, 2019, Nov. 16, 2019, and Feb. 8, 2020. In setting up the deals, Tucker explained to the confidential source that he had several people supplying him with firearms that had been purchased at gun shows in Indiana, the complaint states.
The drug charge accuses Tucker of selling approximately a pound of marijuana to the confidential source during the February transaction.
The public is reminded that charges contain only accusations and are 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. Each count in the complaint is punishable by up to five years in federal prison. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Illegal possession of firearm sends Billings man to prisonRead the Press Release
BILLINGS — A Billings man with a felony record was sentenced today to four years in prison and three years of supervised release after law enforcement officers found a firearm in a running washing machine at his residence, U.S. Attorney Kurt Alme said.
Sean Craig Rayfield, 29, pleaded guilty in January to being a prohibited person in possession of a firearm.
U.S. District Judge Dana L. Christensen presided. Rayfield was detained.
In court records filed in the case the prosecution said that on July 5, 2019, Billings Police officers responded to a disturbance call at Rayfield's residence. Witnesses said Rayfield was engaged in a fight with individuals at a party and that he was seen possessing a firearm. Days later, law enforcement searched Rayfield's residence. During a search of the laundry room, officers found a firearm in a running washing machine. The firearm was a semi-automatic pistol with an attached laser sight. Rayfield was taken into custody. A co-defendant in the case told officers that Rayfield had purchased the firearm a couple of months earlier. Rayfield was prohibited from possession of firearms and ammunition because of a prior felony conviction in California.
Assistant U.S. Attorney Zeno Baucus prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.
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Idaho Man Sentenced for Timber Theft in the Sawtooth National ForestRead the Press Release
BOISE - Mark Allen James, 23, of Twin Falls, Idaho, was sentenced in U.S. District Court to three years of probation for theft of government property, U.S. Attorney Bart M. Davis announced today. U.S. District Judge Winmill also ordered James to pay $1,680 in restitution. James pleaded guilty to the charge on May 26, 2020.
According to court records, during the fall of 2018, James repeatedly harvested timber from the Deadline Ridge Summer Home area of the Sawtooth National Forest. The timber harvested was the property of the United States, as it was located on national forest land. James harvested timber without a lawfully obtained permit to do so. James would sell the illegally obtained timber online. Law enforcement interviewed James at the conclusion of their investigation. He confessed to harvesting twelve cords of firewood and selling it for $140 per cord.
This case was investigated by the United States Forest Service.
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Herkimer County Man Pleads Guilty to Social Security FraudRead the Press Release
SYRACUSE, NEW YORK – Thomas Baxter, a.k.a. Mark Anthony, age 79, of Schuyler, New York pled guilty today to defrauding the Social Security Administration (SSA) by using a false identity to collect Social Security benefits under that identity for over a decade.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, New York Field Office.
As part of his guilty plea, Baxter admitted that in 1971 he fraudulently applied for and was issued a second Social Security number in a fictitious name, and that from September of 2008 until June of 2019, he used that false name and fraudulently acquired Social Security number to obtain and spend Social Security benefits, while also receiving Social Security benefits under his true name and Social Security number.
Sentencing is currently scheduled for February 23, 2021, before Hon. Thomas J. McAvoy. Baxter faces up to 5 years in prison, and up to 3 years of supervised release as a result of his conviction. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
Henry County Man Sentenced to 11 Years in Federal Prison for Meth DistributionRead the Press Release
Jackson, TN – Justin Simmons, 36, has been sentenced to 140 months in federal prison for possession with intent to distribute more than 50 grams of actual methamphetamine. D. Michael Dunavant, U.S. Attorney announced the sentence today.
According to information presented in court, on March 14, 2018, investigators with the Paris, Tennessee Police Department observed a blue van speeding. Upon stopping the vehicle, it was determined that the driver’s license had been revoked. Simmons was the front seat passenger. After obtaining consent to search the vehicle, investigators found 62 grams of marijuana and 37 grams of methamphetamine.
On or about May 29, 2018, Paris, Tennessee Police Department investigators observed Simmons operating a vehicle and attempted to stop him; he fled in his vehicle, nearly hitting another officer’s vehicle. Simmons was then pursued by law enforcement on Elkhorn Road in Paris, Tennessee, until he ran off the left side of the road.
A search of the vehicle revealed approximately 2.205 ounces of marijuana in a plastic container. Investigators located a green army can beside Simmons’s vehicle which contained approximately 1.167 pounds of methamphetamine, a set of digital scales, plastic baggies, and $2,178 in United States currency.
On October 6, 2020, Chief U.S. District Court Judge S. Thomas Anderson sentenced Simmons to 140 months in federal prison followed by 5 years supervised release. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said, "Methamphetamine that is trafficked in and through West Tennessee is increasing in dangerous purity, and continues to destroy individuals, families, and communities. Drug dealers who profit from the pain, addiction, violence and death caused by these dangerous substances deserve proper punishment, and this sentence does just that."
The Paris, Tennessee Police Department, Henry County Sheriff’s Department and the Drug Enforcement Administration (DEA) Jackson, Tennessee Task Force investigated this case.
Assistant U.S. Attorney Jerry Kitchen prosecuted this case on behalf of the government.
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Hartford Man Pleads Guilty to Carjacking OffenseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ARNO SMITH, 57, of Hartford, pleaded guilty today before U.S. District Judge Michael P. Shea in Hartford to a federal robbery offense connected to a carjacking in 2018.
According to court documents and statements made in court, at approximately 11:00 p.m. on July 26, 2018, Smith approached a woman who was sitting in her 2006 Honda in a Hartford parking lot and pressed what the woman believed to be a gun against her neck. Smith then grabbed the victim’s purse and the victim got out of the car. Smith pointed the weapon at the victim, told her to walk away, and then drove away in the car.
After the robbery, Smith attempted to use the victim’s credit card at two locations in Bristol.
The investigation also revealed that Smith robbed the Price Chopper supermarket located at 121 Farmington Avenue in Bristol on July 27; the Price Chopper supermarket located at 410 Queen Street in Southington on September 4; the U-Haul Moving and Storage located at 755 Capitol Avenue in Hartford on September 5; the Home Depot located at 55 Granby Street in Bloomfield on September 15; the Lowe’s Home Improvement located at 31 Buckland Hills Drive in South Windsor on September 16; the Days Inn located at 185 Ella Grasso Turnpike in Windsor Locks on September 18, 2018, and the U-Haul Moving and Storage located at 3197 Main Street in Hartford on September 19.
Smith was arrested on state charges on September 20, 2018. He was sitting in the victim’s car at the time of his arrest.
Smith pleaded guilty to one count of Hobbs Act robbery, an offense that carries a maximum term of imprisonment of 20 years. A sentencing date is not scheduled.
Smith has been detained since his arrest.
This matter is being investigated by the Federal Bureau of Investigation’s Violent Crimes Task Force and the Hartford, Bristol, Southington, Bloomfield, South Windsor, Windsor Locks, Farmington and West Hartford Police Departments. The case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.