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16 November 2020
The China Initiative: Year-in-Review (2019-20)Read the Press Release
On the two-year anniversary of the Attorney General’s China Initiative, the Department continues its significant focus on the Initiative’s goals and announced substantial progress during the past year in disrupting and deterring the wide range of national security threats posed by the policies and practices of the People’s Republic of China (PRC) government.
"In the last year, the Department has made incredible strides in countering the systemic efforts by the PRC to enhance its economic and military strength at America’s expense," said Attorney General William P. Barr. "While much work remains to be done, the Department is committed to holding to account those who would steal, or otherwise illicitly obtain, the U.S. intellectual capital that will propel the future."
"The Chinese Communist Party’s theft of sensitive information and technology isn't a rumor or a baseless accusation. It’s very real, and it’s part of a coordinated campaign by the Chinese government, which the China Initiative is helping to disrupt," said FBI Director Christopher Wray. "The FBI opens a new China-related counterintelligence case nearly every 10 hours and we’ll continue our aggressive efforts to counter China’s criminal activity."
Established in November 2018, the Initiative identified a number of goals for the Department, ranging from increased focus on the investigation and prosecution of trade secret theft and economic espionage, to better countering threats posed by Chinese foreign investment and supply chain vulnerabilities.
Prioritize investigations of economic espionage and trade secret theft
The Initiative prioritizes use of the Department’s core tool, criminal investigation and prosecution, to counter economic espionage and other forms of trade secret theft. In the past year, the Department charged three economic espionage cases (in which the trade secret theft was intended to benefit the Chinese government), bringing the total to five since the China Initiative was first announced. Overall, since the Initiative was announced, we have charged more than 10 cases in which the trade secret theft had some alleged nexus to China, and we obtained guilty pleas of three defendants in those cases over the past year.
To take one example, the Department announced the China Initiative on the same day that it unsealed criminal charges against United Microelectronics (UMC), the Chinese state-owned enterprise Fujian Jinhua, and several individual defendants, for economic espionage that victimized Micron Technology, Inc., a leading U.S. semiconductor company.
"The United Microelectronics case is a glaring example of the PRC’s ‘rob, replicate, and replace’ strategy, in which it robs a U.S. institution of its intellectual capital, replicates the stolen technology, and then endeavors to replace the U.S. institution on the Chinese and then the global market," said John Demers, Assistant Attorney General for National Security. "Thanks to the dedication and diligence of prosecutors and FBI agents, UMC pleaded guilty to criminal trade secret theft and agreed to pay a fine of $60 million, the second largest fine in a trade secret case, and to cooperate in the pending prosecution of its co-defendants."
The National Counterintelligence Task Force, co-led by the FBI, launched its first major campaign in 2020, devoted to protecting U.S. technology and research from the Chinese government and its proxies. This is a further step in the FBI’s and Department’s efforts to enlist all appropriate partners in ensuring integrity in government-funded programs and defeating economic espionage and theft of trade secrets.
Develop an enforcement strategy for non-traditional collectors
At the outset, the Department identified academia as one of our most vulnerable sectors, because its traditions of openness, and the importance of international exchanges to the free flow of ideas, leave it vulnerable to PRC exploitation. The Department has pursued a two-pronged strategy of raising awareness on campuses of the threats posed by China (and the importance of implementing a security program to detect them) and prosecuting researchers who have deliberately deceived authorities about their ties to China, which deprives institutions of the ability to screen for conflicts of interest and commitment, or otherwise exploited their access.
For example, the PRC has used talent programs to encourage the transfer of technical expertise from the United States, and elsewhere in the world, to benefit the PRC’s economic and military development. Talent recruits generally sign contracts with the PRC sponsor-entity that obligate them to produce scientific outputs; to publish the results of their work in the name of the PRC beneficiary; to allow the PRC beneficiary to assert intellectual property rights over their outputs; and to recruit other researchers into the programs, among other obligations.
In exchange, the talent recruits may receive lucrative compensation packages, prestigious titles, and custom-built laboratories.
“While membership in these talent programs is not per se illegal, and the research itself may not always be protected as a trade secret, we know the PRC uses these plans, such as the well-known Thousand Talents Program, as a vehicle to recruit individuals with access to U.S. government-funded research to work in the interest of the Chinese Communist Party,” said Adam S. Hickey, Deputy Assistant Attorney General, National Security Division.
The Initiative brings together resources from across the Department, including the National Security, Criminal, Tax, and the Civil Divisions to address this unique challenge fairly and effectively. In the past year, Department prosecutors have brought fraud, false statements, tax, smuggling and other charges against ten academics affiliated with research institutions across the country. To date, prosecutors have obtained convictions in three of those cases.
This year, the FBI and Department prosecutors also exposed six individuals, studying in the United States, found to be connected to People’s Liberation Army military institutes, who concealed their affiliations from the State Department when applying for research visas to study at U.S. universities. In one of those cases, the Department alleged that a PLA officer was being tasked by superiors in the PRC to obtain information that would benefit PLA operations. In another case, a PLA medical researcher stands accused of following orders to observe lab operations at a U.S. university, which received funding from the U.S. government, in order to replicate those operations in the PRC.
In each of the cases, the defendants are accused of concealing their PLA affiliations in order to obtain visas that allowed them to travel to the United States. After the FBI conducted interviews this summer that led to charges in those cases and the State Department closed the PRC’s Houston Consulate, a large number of undeclared, PLA-affiliated Chinese researchers fled the United States.
Those six examples are just part of the interagency effort to protect academia and taxpayer-funded research. The FBI and Department have been collaborating with federal grant-making agencies, the Joint Committee on the Research Environment, the major academic associations, the Academic Security and Counter Exploitation working group, and other appropriate entities, as well as hundreds of individual universities nationwide.
Counter malicious cyber activity
The Department continues to expose and disrupt efforts by the PRC government to steal our intellectual property and our personally identifiable information (PII) through computer intrusions. During the past year, we charged hackers working for the People’s Liberation Army with the 2017 Equifax intrusion and others associated with the Ministry of State Security (MSS) in relation to global computer intrusion campaigns targeting biomedical companies conducting COVID-19-related research, engineering firms, and software makers. One such MSS case resulted in the arrest of two conspirators in Malaysia. Two of these cases highlighted China’s development into a safe harbor for criminal hackers who also work for the PRC. The Department disrupted these cyber threats in coordination with the private sector, using legal process to seize control of hacking infrastructure while the private sector removed other infrastructure from their platforms.
In May, the FBI, in conjunction with the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, also issued a public announcement to raise awareness of the threat to COVID-19 research by PRC-affiliated cyber actors and offer advice on better protecting that research from thefts.
Counter malign foreign influence
The Department has used the Foreign Agents Registration Act (“FARA”), which requires those acting to influence public policy and opinion on behalf of a foreign individual or entity, to improve transparency and expose China’s foreign influence efforts. Over the past year, the Department opened a record number of FARA investigations overall and doubled the number of new registrants and new foreign principals registering annually as of 2016. That includes obtaining a record number of registrations from Chinese media companies. The Department also notified a registered Chinese media company that its filings were deficient because they failed to fully disclose its activity in the United States and failed to properly label its informational materials. The media entity remedied those deficiencies shortly thereafter.
Through its outreach efforts to universities, the Department has highlighted the need to protect foreign students studying in the United States from coercive efforts by the Communist Party to censor the freedom of thought and expression that all students here should enjoy.
In late 2019, the FBI’s Foreign Influence Task Force formally established a new unit devoted specifically to understanding and defeating the malign foreign influence threat from the Chinese government and its proxies.
Counter foreign intelligence activities
The Department has achieved a number of successes in the last year in countering China’s foreign intelligence activities. China has been targeting former members of the U.S. intelligence community for recruitment, and the Department has been holding accountable individuals who succumb to their efforts. In November 2019, a former CIA case officer was sentenced to 19 years in prison for conspiring to deliver national defense information to the PRC. In August 2020, another former CIA officer who had been tasked by the PRC was arrested on the same charge — the fourth former intelligence officer charged in the last three years for similar conduct.
The Department is particularly focused on disrupting the PRC government from using career networking and social media sites to target Americans, as well as holding those accountable who hide behind fake profiles to co-opt individuals on behalf of the PRC. As one part of this effort, the FBI, in partnership with the National Counterintelligence and Security Center, created an educational film, "The Nevernight Connection," which was released online in September 2020 to educate the public about the Chinese intelligence services’ use of social media to spot and recruit persons of interest, especially current or former security clearance holders.
In March 2020, Xuehua (Edward) Peng was sentenced to 48 months in prison, and ordered to pay a $30,000 fine, for acting as an agent of the PRC’s Ministry of State Security (MSS) in connection with a scheme to conduct pickups known as “dead drops” and transport Secure Digital cards containing classified information from a source in the United States to the MSS operatives in China.
In October 2020, Jun Wei Yeo was sentenced to 14 months in prison for acting within the United States as an agent of the MSS recruiting Americans, including U.S. military and government employees with high-level clearances. Yeo concealed his MSS affiliation from his American targets and used career networking sites and a false consulting firm to lure them to write papers which he ultimately passed to his MSS handlers.
In October 2020, eight defendants were charged with conspiring to act in the United States as illegal agents of the PRC, six of whom also face related charges of conspiring to commit interstate and international stalking. According to the complaint, the defendants participated in an international campaign to threaten, harass, surveil and intimidate a resident of New Jersey and his family in order to force them to return to the PRC as part of an international effort by the PRC government known as "Operation Fox Hunt" and "Operation Skynet."
In furtherance of the operation, the PRC government targets Chinese individuals living in foreign countries that the PRC government alleges have committed crimes under PRC law and seeks to repatriate them to the PRC to face charges, rather than rely upon proper forms of international law enforcement cooperation.
Foreign investment reviews and telecommunications security
Beyond criminal enforcement, the Department worked to protect our national assets from national security risks posed by entities, subject to PRC influence, that seek to invest in U.S. companies or integrate into our supply chains.
In April, the Department assumed the permanent chair of the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, established by the President through Executive Order (EO), in 2020. This organization, also known as "Team Telecom," is an interagency group that reviews telecommunications, submarine cable landing, wireless, broadcast license, and other applications referred by the Federal Communications Commission (FCC), to identify and address risks to national security and law enforcement. In the first 90 days after the Executive Order, the Department led Team Telecom to resolve more than half of the cases then pending review.
Team Telecom recommended that the FCC revoke and terminate the international telecommunications licenses held by the U.S. subsidiary of a PRC state-owned telecommunications company, China Telecom, the first revocation ever recommended by Team Telecom on national security grounds. Team Telecom also recommended that the FCC partially deny a submarine cable application, to the extent it sought a direct connection between the United States and Hong Kong.
Following the President’s 2019 Executive Order on Securing the Information and Communications Technology and Services Supply Chain, the Department has worked with the Commerce Department to develop regulations implementing the EO and has identified vulnerable areas of critical infrastructure that are ripe for investigation under the EO.
The Department also worked to implement the Foreign Investment Risk Review Modernization Act (FIRRMA), which improved the authorities of the Committee on Foreign Investment in the United States (CFIUS). During the previous year, the Department co-led a record number of significant CFIUS matters, on an annualized basis, including the investigation of the acquisition of a U.S. hotel management software company by a Chinese company, which the President prohibited, for just the sixth time in CFIUS history. Under FIRRMA, the FBI continued to provide analytical assistance to support CFIUS’s decision-making and identify high-risk non-notified transactions.
With its increased resources, NSD has played a significant role in CFIUS enforcement, leading the Committee to assess just the second penalty in its history, for failing to secure sensitive personal data in violation of a 2018 interim CFIUS order. NSD also dedicated personnel to identify transactions of concern that were not voluntarily filed with CFIUS and developed a program to identify bankruptcy cases that could implicate national security concerns. The bankruptcy program helps to protect U.S. assets from predatory acquisitions, including PRC acquisitions that could impact our national security, which is particularly important in light of the economic impact of COVID-19.
Education and outreach
The success of the China Initiative is not measured by criminal cases and administrative actions alone, however. Outreach to businesses and academia is critical to helping America’s national assets better protect themselves. For that reason, the Department disseminated outreach presentations for use by U.S. Attorneys in their Districts, which have been deployed at various events. The FBI sustained its engagement with the private sector through various programs, and it developed and disseminated an innovative Academia Field Guide to support focused outreach by its academic outreach coordinators in all 56 field offices. In the coming year, the Department, through the FBI and U.S. Attorneys’ Offices, will continue to expand our partnerships outside the federal government, because the support of the American people is critical to our success. All of our efforts are on their behalf.
The Attorney General commends the professionals throughout the Department, including those who work at Main Justice, the FBI, and U.S. Attorney’s Offices around the country, who are committed to meeting the goals of the China Initiative and encourage them to redouble their efforts in the upcoming year.
All defendants, in the cases mentioned herein, are presumed innocent until proven guilty beyond a reasonable doubt.
Stratford Man Sentenced to 37 Months in Federal Prison for Distributing Heroin, Possessing Destructive DevicesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JESSE PAPCUN, also known as “Steve,” 32, formerly of Stratford, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 37 months of imprisonment, followed by three years of supervised release, for distributing heroin and possessing unregistered destructive devices.
According to court documents and statements made in court, in the summer of 2017, members of the FBI’s Bridgeport Safe Streets Task Force and Bridgeport Police Department began investigating individuals who were distributing narcotics in and around Bridgeport. The investigation has included the use of court-authorized wiretaps, controlled purchases of narcotics, physical and video surveillance, and the execution of multiple search and seizure warrants. The investigation revealed that Antonio Small, Evan Sheffield, Louis McDowell, Christopher Rodriguez, Anthony Small and others were distributing large quantities of heroin, fentanyl and crack cocaine. The investigation further revealed that the co-conspirators were using Sheffield’s residence on Poplar Street in Bridgeport to store, process and package narcotics for street sale, and that they kept a firearm at his residence. Papcun regularly received distribution quantities of heroin and fentanyl from Small and others and sold the drug to his own customers.
Papcun was arrested on November 6, 2018. On that date, a search of a safe in Papcun’s residence revealed narcotics, items used to process and package drugs for street sale, and two destructive devices.
On January 9, 2020, Papcun pleaded guilty to one count of conspiracy to distribute, and to possess with intent to distribute, heroin, and one count of possession of an unregistered destructive device.
Papcun, who is released on a $100,000 bond, is required to report to prison on January 7, 2021.
Antonio Small, Sheffield, McDowell, Rodriguez and Anthony Small have pleaded guilty. On October 27, 2020, Judge Thompson sentenced Sheffield to 97 months of imprisonment. Antonio Small, McDowell, Rodriguez and Anthony Small await sentencing.
This matter is being investigated by the FBI’s Bridgeport Safe Streets Task Force and the Bridgeport Police Department, as well as the DEA, Connecticut State Police, and the Stratford, Norwalk, Seymour and Trumbull Police Departments.
The case is being prosecuted by Assistant U.S. Attorneys Karen L. Peck and Patrick J. Doherty.
St. Francis Woman Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter.
Diana Swift, age 31, was indicted on November 10, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on November 13, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to eight years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 14, 2020, in Todd County, South Dakota, Swift killed a woman by operating a motor vehicle in a grossly negligent manner.
The charge is merely an accusation and Swift is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Swift was released on bond pending trial. A trial date has not been set.
St. Croix Man Arrested on Charges of Conspiracy and Attempted Possession of Methamphetamine and Marijuana with Intent to DistributeRead the Press Release
St. Thomas, USVI- United States Attorney Gretchen C.F. Shappert announced today that Jason Lee Current, 43, of St. Croix, appeared before Magistrate Judge George W. Cannon for an Initial Appearance after his arrest by Homeland Security Investigations Special Agents on the charges of Conspiracy to Possess a Controlled Substance with Intent to Distribute and Attempted Possession of Controlled Substance with Intent to Distribute.
According to court documents, on November 5, 2020, Custom and Border Protection officers in San Juan, PR, intercepted a mail parcel that contained 120 grams of Methamphetamine and 341 grams of Marijuana. The package was mailed from California and addressed to Current. On November 10, 2020, the parcel was prepared by law enforcement for a controlled pickup. The controlled substances were replaced with representative facsimiles (sham), and the parcel was outfitted with a tracking device. That same day, Current picked up the parcel at a postal facility. Law enforcement surveillance monitored the pick-up, but the defendant eluded the tailing vehicles after detecting the tracking device. The defendant was subsequently taken into custody on November 13, 2020.
Current has an outstanding felony warrant from the state of Hawaii for failure to appear. As a result, the Government moved to detain Current pending his trial in this matter. A Detention Hearing is set for November 19, 2020.
The case was investigated by the Homeland Security Investigations, Customs and Border Protection, and the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Daniel H. Huston.
United States Attorney Gretchen C.F. Shappert reminds the public that an arrest warrant is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
Shasta County and Butte County Residents Charged in $35M Ponzi SchemeRead the Press Release
SACRAMENTO, Calif. — The creator of investment companies Family Wealth Legacy and Zolla was arrested today for a $35 million fraud scheme, U.S. Attorney McGregor W. Scott announced.
Matthew Piercey, 44, of Palo Cedro, was arrested today after a grand jury returned an indictment on Nov. 12, charging him with wire fraud, mail fraud, money laundering, and witness tampering. The indictment was unsealed today following his arrest.
When law enforcement agents attempted to arrest Piercey today, he fled from arrest by leading agents on a vehicle chase through residential neighborhoods and then onto the highway before abandoning his vehicle and entering Lake Shasta with an underwater submersible device. Law enforcement officers arrested him after he emerged from the lake.
In addition, Kenneth Winton, 67, of Oroville, was charged separately by criminal information with conspiracy to commit wire fraud.
According to court documents, from about July 2015 through August 2020, Piercey carried out an investment fraud scheme that raised a total of approximately $35 million in investor funds. Piercey used Family Wealth Legacy and Zolla to solicit funds from investors using a variety of false and misleading statements, including about trading algorithms, the success of the companies’ investment strategies, and the liquidity of investments. For example, Piercey solicited investor money for an “Upvesting Fund” that allegedly was an algorithmic trading fund with a history of success, but he admitted privately to an associate that there was no Upvesting Fund. Piercey first recruited Winton as an investor, then to assist with raising investor funds, and ultimately to take on management responsibilities at Zolla. From 2018 to 2020, Winton conspired with Piercey and made various false and misleading statements to investors, including about the success of Zolla’s investment strategies, the reasons for delays in payment to investors, and the current location, value, and nature of Zolla investments.
Piercey and Winton used some investor money to make payments to other investors in a “Ponzi scheme.” In total, they paid back approximately $8.8 million to investors. They used other investor money for various business and personal expenses, including two residential properties and a houseboat. Few, if any, liquid assets remain to repay investors.
According to court documents, Piercey also tampered with multiple witnesses by discouraging them from responding to grand jury subpoenas related to the investigation.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Christopher S. Hales and Miriam R. Hinman are prosecuting the case.
Piercey is scheduled for his initial appearance and arraignment on Tuesday, Nov. 16. Winton is scheduled for his initial appearance on Thursday, Nov. 19.
If convicted, Piercey faces a maximum statutory penalty of 20 years in prison and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater, for each wire fraud and mail fraud count; 20 years in prison and a fine of up to $250,000 for each witness tampering count; and 20 years in prison and a fine of up to $500,000 or twice the value of the property involved, whichever is greater, for each money laundering count. If convicted, Winton faces a maximum statutory penalty of 20 years in prison and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Rosebud Man Indicted for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Timothy Kills In Water, age 33, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 12, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is life in prison and/or a $10,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning at a time unknown, but no later than October 1, 2017, and continuing through January 1, 2018, Kills In Water knowingly and intentionally conspired with other people to knowingly and intentionally distribute and possess with the intent to distribute 500 grams or more of methamphetamine in and around the Rosebud Sioux Indian Reservation.
The charge is merely an accusation and Kills In Water is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Kills In Water was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rochester Man Sentenced to 120 Months for Drug Trafficking and Gun OffensesRead the Press Release
CONCORD - James M. Nesbitt, 44, of Rochester, was sentenced to 120 months in federal prison on Friday for participating in a conspiracy to distribute methamphetamine and fentanyl and possessing firearms in furtherance of a drug trafficking crime, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Nesbitt conspired with two other individuals to possess with the intent to distribute, and to distribute, fentanyl and crystal “ice” methamphetamine. On November 7, 2018, the New Hampshire State Police (“NHSP”) conducted a vehicle stop of Nesbitt’s vehicle and seized fentanyl, methamphetamine, and other drugs. Later the same evening, the NHSP and the DEA searched Nesbitt’s hotel room in Ossipee and seized approximately 171 grams of methamphetamine, smaller quantities of fentanyl and other narcotics, and a semi-automatic handgun. On December 20, 2018, DEA agents arrested Nesbitt and a co-conspirator at their Rochester residence and seized fentanyl and four firearms and assorted ammunition.
Nesbitt previously pleaded guilty on March 6, 2020. Nesbitt’s co-conspirators Haley Hansler and William McKay both have pleaded guilty. Hansler was sentenced to 60 months on April 28, 2020 and McKay is awaiting sentencing.
“Armed drug traffickers are a menace to everyone,” said U.S. Attorney Murray. “The hazards posed by drug dealers are greatly enhanced when they carry guns while selling their dangerous wares. In order to keep the Granite State safe, we will continue to work closely with all of our law enforcement partners to identify, prosecute, and incarcerate the armed drug dealers who jeopardize the health and safety of our citizens.”
“Drugs and guns are a deadly combination,” said Special Agent in Charge Brian D. Boyle. “DEA is committed to bring to justice poly-drug traffickers like Mr. Nesbitt. This investigation demonstrates the strength of collaborative law enforcement efforts in New Hampshire.”
This case was supported by the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
This case was investigated by the DEA’s Tactical Diversion Squad, the New Hampshire State Police, the United States Postal Inspection Service, and the Strafford County Drug Task Force. The case was prosecuted by Assistant U.S. Attorney Jennifer Cole Davis.
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Ridgeview Man Convicted by Federal Jury of Meth Trafficking and Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that Jess Brian Ducheneaux, age 57, of Ridgeview, South Dakota, was found guilty of Conspiracy to Distribute a Controlled Substance, Maintaining a Drug-Involved Premises, Distribution to a Person Under Age Twenty-One, Possession with Intent to Distribute a Controlled Substance, and Prohibited Person in Possession of a Firearm as a result of a two-day federal jury trial in Pierre, South Dakota.
The convictions carry a maximum sentence of 20 years in federal prison, and/or a $1,000,000 fine, a lifetime of supervised release, a $500 special assessment to the Federal Crime Victims Fund, and forfeiture of two firearms. Restitution may also be ordered.
Ducheneaux was indicted by a federal grand jury on December 11, 2018, a superseding indictment was filed on January 23, 2019, and a second superseding indictment was filed on January 14, 2020.
The jury found that between January 1, 2014, and December 17, 2018, Ducheneaux knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine on the Cheyenne River Sioux Indian Reservation. Ducheneaux received his methamphetamine from local dealers and from an individual who traveled to Colorado to acquire the drug. Further, the jury found that Ducheneaux knowingly used his residence for the purposes of distributing and using methamphetamine. Ducheneaux repeatedly distributed methamphetamine to a person under twenty-one years of age and to several individuals who worked on his ranch.
The jury also found Ducheneaux guilty of possessing approximately six grams of methamphetamine with the intent to distribute it, and two firearms while being a felon and a drug user. On December 17, 2018, law enforcement officers went to Ducheneaux’s residence to arrest him on a federal warrant. After making contact with Ducheneaux, the officers observed drug paraphernalia and a firearm in plain view in the living room. The officers obtained a search warrant and seized the six grams of methamphetamine, a scale, pipes, and numerous plastic baggies. They also recovered a rifle and a loaded shotgun from the residence. Ducheneaux was convicted of a felony offense in 2005 and was prohibited from possessing firearms.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
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 its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
A sentencing date has not been set. Ducheneaux was immediately remanded to the custody of the U.S. Marshals Service after the jury announced its verdict.
Rice Lake Man Sentenced to 10 Years for Possessing Child PornographyRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Jonathan E. Tillman, 23, Rice Lake, Wisconsin, pleaded guilty and was sentenced today by Chief U.S. District Court Judge James D. Peterson to 10 years in federal prison for possessing child pornography. This term of imprisonment will be followed by 15 years of supervised release.
On April 6, 2020, Tillman’s wife contacted law enforcement to report that she was looking through her husband’s phone and saw images and a video of him sexually assaulting a child known to the couple. Law enforcement officers obtained a search warrant for the phone and while they did not find those specific images, they did find other child pornography on the phone. Officers also found evidence on the phone showing that on the same day Tillman’s wife called the police, Tillman researched how to do a factory reset on the phone.
In sentencing Tillman, Judge Peterson found him to be a danger to children based on the allegations in this case and his history of child pornography offenses going back several years.
The charge against Tillman was the result of an investigation conducted by the Rice Lake Police Department and the Wisconsin Department of Justice Division of Criminal Investigation. The prosecution of the case has been handled by Assistant U.S. Attorney Elizabeth Altman.
Repeat Offender Charged with Distribution and Possession of Child PornographyRead the Press Release
TRENTON, N.J. – An Ocean County, New Jersey, man has been arrested on charges that he distributed and possessed images and videos depicting child sexual abuse, U.S. Attorney Craig Carpenito announced today.
Andrew Ramey, 34, of Brick, New Jersey, is charged by criminal complaint with one count of distribution of child pornography and one count of possession of child pornography. He was arrested Nov. 13, 2020, by special agents of the Department of Homeland Security, appeared by videoconference before U.S. Magistrate Judge Lois H. Goodman and was detained without bail.
According to documents filed in this case:
From March 13, 2020, through June 8, 2020, Ramey distributed material containing images of child sexual abuse and child pornography, via the BitTorrent Network, a publicly available online peer-to-peer (P2P) file-sharing network of linked computers. Users must download P2P software, which is widely available for free on the Internet. The software allows the user to place files into a designated “shared” folder on his or her hard drive, from which other BitTorrent users can then download those files directly to the “shared” folders of their own computers. Users can then search, select, and directly download, those files.
Law enforcement used investigative software to access the BitTorrent Network and downloaded video files containing child pornography from a device or devices assigned to an IP address at Ramey’s residence. On Nov. 13, 2020, law enforcement searched Ramey’s residence and found multiple images and videos containing images of child sexual abuse, as well as BitTorrent software, on a mobile phone belonging to Ramey.
In a prior federal prosecution in New Jersey in 2018, Ramey was convicted of one count of possession of child pornography. The distribution charge is punishable by a mandatory minimum penalty of 15 years in prison and a statutory maximum penalty of 40 years in prison, along with a fine of up to $250,000 or twice the gross pecuniary gain or loss caused by the offense, whichever is greater. The possession charge carries a mandatory minimum penalty of 10 years in prison and a statutory maximum penalty of 20 years in prison, along with a fine of $250,000 or twice the gross pecuniary gain or loss, whichever is greater.
U.S. Attorney Carpenito credited special agents of the Department of Homeland Security, Homeland Security Investigations Atlantic City, under the direction of Newark Special-Agent-in-Charge Jason J. Molina; detectives of the Ocean County Prosecutor’s Office, under the direction of Prosecutor Bradley D. Billhimer; the Brick Police Department, under the direction of Chief James Riccio; and the Mount Laurel Police Department, under the direction of Chief Stephen Riedener, with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorney Alexander E. Ramey of the U.S. Attorney’s Office Criminal Division in Trenton.
The charges and allegations contained in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Prince George’s County Man Indicted in Maryland on Federal Charges for Sexually Exploiting Two Children to Produce Child Pornography and for Possession and Distribution of Child PornographyRead the Press Release
Greenbelt, Maryland – A federal grand jury in Maryland has indicted Brian Anthony Gilbert, age 33, of District Heights, Maryland, on the federal charges of production, distribution, and possession of child pornography. The indictment was returned on November 2, 2020 and Gilbert had his initial appearance in U.S. District Court in Greenbelt today. At today’s initial appearance, U.S. Magistrate Judge Charles B. Day ordered that Gilbert be detained pending trial.
The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Assistant Attorney General Brian C. Rabbitt of the U.S. Justice Department’s Criminal Division; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Interim Chief Hector Velez of the Prince George’s County Police Department; and Prince George’s County State’s Attorney Aisha N. Braveboy.
According to the nine-count indictment, between December 28, 2018, and September 10, 2020, Gilbert sexually exploited minor Victim 1, and between January 3, 2019, and September 10, 2020, Gilbert sexually exploited minor Victim 2, in order to produce visual depictions of the children engaged in sexually explicit conduct. On August 26, 2020 and August 29, 2020, Gilbert allegedly distributed visual depictions documenting the sexual abuse of children. Finally, as alleged in the indictment, on September 11, 2020, Gilbert possessed visual depictions of children engaged in sexually explicit conduct, including a prepubescent minor and a minor under 12 years of age.
If convicted, Gilbert faces a mandatory minimum of 15 years and a maximum sentence of 30 years in federal prison for each of the six counts of production of child pornography; a mandatory minimum of five years in prison and a maximum of 20 years in federal prison for each of the two counts of distribution of child pornography; and a maximum of 20 years in federal prison for the possession of child pornography involving a prepubescent minor and a minor under 12 years of age. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur and Acting Assistant Attorney General Brian C. Rabbitt commended the FBI, the Prince George’s County Police Department, and the Prince George’s County State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Leah Grossi and Trial Attorney Jessica L. Urban of the Justice Department’s Child Exploitation and Obscenity Section, who are prosecuting the federal case.
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Pharmacy pays $250,000 to resolve Controlled Substances Act violationsRead the Press Release
ATLANTA – Caduceus USA Medical Pharmacy, LLC (“Caduceus”) has agreed to surrender its DEA registration and pay $250,000 to resolve allegations that it failed to keep proper records of the controlled substances that it purchased, maintained and dispensed in violation of the Controlled Substances Act (CSA). These requirements are designed to prevent the diversion of controlled substances. Prior to surrendering its registration, Caduceus supplied controlled substances to a chain of occupational medicine clinics operated by an affiliated entity.
“We trust pharmacies to scrupulously follow the CSA’s recordkeeping requirements so that the DEA can carry out its mission to prevent the diversion of controlled substances into illicit channels,” said U.S. Attorney Byung J. “BJay” Pak. “When pharmacies don’t live up to their obligations, our office will vigorously pursue the violations using a variety of enforcement mechanisms.”
“This pharmacy spun a web of deception when it failed to keep proper records of controlled substances it purchased, maintained and dispensed,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. “Such careless behavior allows for substances to be diverted and sold on the black market with no measure of accountability. The surrender of the pharmacy’s DEA registration and monetary fine are proactive steps that DEA Diversion and its law enforcement partners will take to discourage other negligent healthcare providers from engaging in similar unlawful behavior.”
The government alleges that Caduceus failed to keep accurate records of the controlled substances that it purchased and dispensed, failed to complete the required biennial inventory, failed to maintain records of controlled substances separately from its ordinary business records, and distributed a controlled substance not authorized by its registration. Caduceus has acknowledged that it dispensed and distributed controlled substances in noncompliance with the CSA and its implementing regulations.
The CSA was enacted by Congress to deter the illegal importation, manufacture, distribution, possession, and improper use of controlled substances, including prescription medications, and requires individuals and entities registered with the DEA to maintain complete and accurate records of all controlled substances and security systems so that no controlled substances are lost, stolen, or inappropriately dispensed. Violations of the recordkeeping requirements subject DEA registrants to civil monetary penalties of up to $14,502 for each violation.This case was investigated by the Drug Enforcement Administration.
The civil settlement was reached by Assistant U.S. Attorneys Austin Hall and Mellori Lumpkin-Dawson.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.Pennsylvania Man Charged with Trafficking in Endangered and Invasive FishRead the Press Release
WASHINGTON – A Pennsylvania man has been indicted in the Western District of Pennsylvania for violating the Lacey Act.
The three-count indictment charged Anthony Nguyen, aka JoJo Nguyen and Jackie Lee, 48, of Pittsburgh, Pennsylvania, with trafficking in endangered Asian arowana and invasive snakehead fish. Nguyen owned and operated a Pittsburgh business specializing in the sale of rare and exotic freshwater tropical fish species.
"Snakeheads present a serious risk to our native ecosystems," said Principal Deputy Assistant Attorney General Jonathan D. Brightbill for the Justice Department’s Environment and Natural Resources Division. "These fish are prohibited for a reason. They are voracious predators, can live out of water for days, can move across land, and can wipe out the native species that inhabit freshwaters of the United States."
"The illegal trafficking of endangered and invasive wildlife represents a serious threat to our critical ecosystems," said U.S. Attorney Scott W. Brady of the Western District of Pennsylvania. "I commend the U.S. Fish and Wildlife Service, Office of Law Enforcement for their investigation of this matter. My office will continue to aggressively prosecute those individuals who engage in the illegal selling of wildlife."
According to the indictment, Nguyen violated the Lacey Act in 2016 when he sold illegally imported Asian arowana, which are native to Southeast Asia and are protected under the U.S. Endangered Species Act (ESA). Arowana, also known as "dragon fish" or "Asian bonytongue fish," are considered the most expensive freshwater fish on earth, with highly sought-after specimens selling for tens of thousands of dollars. Arowana are also listed in Appendix I of the Convention on International Trade in Endangered Species of Flora and Fauna (CITES), which is reserved for the most endangered species of fish and wildlife.
Nguyen was also charged under the Lacey Act for selling invasive injurious snakehead fish in 2019, in violation of Pennsylvania law, and for falsifying documents related to the snakehead shipment. Snakeheads are native to Asia, but have been introduced into freshwater habitats in the U.S.
The investigation is being conducted by the U.S. Fish and Wildlife Service, Office of Law Enforcement. The Pennsylvania Fish and Boat Commission and the California Department of Fish and Wildlife also provided assistance during the investigation. The case is being prosecuted by Trial Attorney Patrick M. Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Eric G. Olshan.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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.
Pennsylvania Man Charged with Trafficking in Endangered and Invasive FishRead the Press Release
A Pennsylvania man has been indicted in the Western District of Pennsylvania for violating the Lacey Act.
The three-count indictment charged Anthony Nguyen, aka JoJo Nguyen and Jackie Lee, 48, of Pittsburgh, Pennsylvania, with trafficking in endangered Asian arowana and invasive snakehead fish. Nguyen owned and operated a Pittsburgh business specializing in the sale of rare and exotic freshwater tropical fish species.
“Snakeheads present a serious risk to our native ecosystems,” said Principal Deputy Assistant Attorney General Jonathan D. Brightbill for the Justice Department’s Environment and Natural Resources Division. “These fish are prohibited for a reason. They are voracious predators, can live out of water for days, can move across land, and can wipe out the native species that inhabit freshwaters of the United States.”
“The illegal trafficking of endangered and invasive wildlife represents a serious threat to our critical ecosystems,” said U.S. Attorney Scott W. Brady of the Western District of Pennsylvania. “I commend the U.S. Fish and Wildlife Service, Office of Law Enforcement for their investigation of this matter. My office will continue to aggressively prosecute those individuals who engage in the illegal selling of wildlife.”
According to the indictment, Nguyen violated the Lacey Act in 2016 when he sold illegally imported Asian arowana, which are native to Southeast Asia and are protected under the U.S. Endangered Species Act (ESA). Arowana, also known as “dragon fish” or “Asian bonytongue fish,” are considered the most expensive freshwater fish on earth, with highly sought-after specimens selling for tens of thousands of dollars. Arowana are also listed in Appendix I of the Convention on International Trade in Endangered Species of Flora and Fauna (CITES), which is reserved for the most endangered species of fish and wildlife.
Nguyen was also charged under the Lacey Act for selling invasive injurious snakehead fish in 2019, in violation of Pennsylvania law, and for falsifying documents related to the snakehead shipment. Snakeheads are native to Asia, but have been introduced into freshwater habitats in the U.S.
The investigation is being conducted by the U.S. Fish and Wildlife Service, Office of Law Enforcement. The Pennsylvania Fish and Boat Commission and the California Department of Fish and Wildlife also provided assistance during the investigation. The case is being prosecuted by Trial Attorney Patrick M. Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Eric G. Olshan.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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.
Paving Company Owner Sentenced for Tax FraudRead the Press Release
BOSTON – The owner of a Chelmsford paving company was sentenced today for a payroll tax scheme resulting in a $300,000 tax loss.
Robert W. Joyce, 59, of Carlisle, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to six months in prison, one year of supervised release and ordered to pay a $40,000 fine. In June 2020, Joyce pleaded to one count of willful failure to collect and pay over taxes.
For tax years 2012 through at least 2014, Joyce paid a portion of the wages to employees of his two companies, Allied Paving and Allied Equipment, “under the table.” He did so by paying them from his own personal bank account, rather than through the business accounts. In doing so, Joyce did not collect, account for, or pay the IRS the income withholding and FICA taxes that he, as the employer, was required to. Joyce also caused Allied Paving and Allied Equipment to file false returns with the IRS which underreported the actual wages he paid his employees, as well as the employment taxes due to the IRS. In total, Joyce caused a loss to the IRS of at least $331,060.
United States Attorney Andrew E. Lelling and Joleen Simpson, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities, Financial & Cybercrime Unit prosecuted the case.
Operators of Large-Scale Drug Trafficking Organization in Kern County Face Federal ChargesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned three indictments against nine individuals on Thursday, charging the defendants with conspiring to distribute methamphetamine in Kern County, U.S. Attorney McGregor W. Scott announced.
The first indictment charges Miguel Zuniga Arteaga, 41, of Delano; Armando Martinez, 60, of Los Angeles; Terry Whited, 37, of Idaho; Miguel Angel Sanchez-Meza, 48, of Mexico; Juan Vizuett-Resendiz, 34, of Texas; and Vincente Salvador Arenas-Garcia, 36, of Bakersfield, with conspiring to distribute methamphetamine,
According to court documents, between Aug. 9, 2017, and Nov. 10, 2020, these defendants conspired to distribute methamphetamine in Kern County and elsewhere. During the course of this investigation, law enforcement obtained court-authorized wiretaps and seized over 44 pounds (20 kilograms) of methamphetamine, approximately $259,840 in purported narcotics proceeds, and seven firearms.
The second indictment charges Miguel Zuniga Arteaga, 41, of Delano; Armando Martinez, 60, of Chino Hills; and Rene Zepeda Felix, 36, of Bakersfield, with conspiring to distribute methamphetamine. According to court documents, between Aug. 9, 2017, and Oct. 27, 2017, these defendants conspired to distribute methamphetamine in Kern County and elsewhere.
The third indictment charges Jose Eden Landeros, 40, and Israel Munguia-Munoz, 40, both of Mexico, with conspiring to distribute methamphetamine. According to court documents, between Nov. 13, 2017, and June 1, 2018, these defendants conspired to distribute methamphetamine in Kern County and elsewhere.
These cases are the product of an investigation by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Kern County Sheriff’s Office, the California Highway Patrol, and the Kern County Probation Office. Assistant U.S. Attorneys Angela Scott and Jessica Massey are prosecuting the cases.
If convicted, the defendants face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF is the largest anticrime task force in the country, and its mission is to disrupt and dismantle the most significant drug trafficking and transnational criminal organizations that threaten the United States. The prosecutor-led, intelligence-driven, multi‑agency task forces leverage the authorities and expertise of federal, state, and local law enforcement.
Omaha Woman Sentenced to 132 Months for Methamphetamine ConspiracyRead the Press Release
United States Attorney Joe Kelly announced that Chelsea Leigh Short, 28, of Omaha, Nebraska, was sentenced on November 16, 2020, by Senior United States District Judge Joseph F. Bataillon for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine. Short received a sentence of 132 months with a five-year term of supervised release to follow. There is no parole in the federal system.
Beginning in mid-2018, a Drug Enforcement Administration task force started investigating the methamphetamine distribution operation of David Short in the Omaha metro area. This investigation included a court ordered Title III interception of phone calls and text messages, allowing agents to identify the scope of the conspiracy and its members. Chelsea Short, the wife of David Short, was intercepted on numerous occasions buying and selling pound quantities of methamphetamine. On December 8, 2018, DEA agents and officers with the Omaha Police Department attempted to arrest Chelsea Short after she picked up a ½ pound of methamphetamine. Chelsea Short fled in her vehicle leading to a pursuit. OPD’s air unit, Able 1, followed Chelsea Short into Iowa and back where she was eventually stopped with the methamphetamine.
Matters involving other conspirators are still pending, with trial for David Short set for January 5, 2021, in Omaha, Nebraska.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case was investigated by the DEA, OPD, Nebraska State Patrol, IRS’s Criminal Investigations, and the Pottawattamie County (Iowa) Sheriff’s Office.
Ohio Man Charged with Five Bank Robberies, Two Attempted Bank Robberies in New JerseyRead the Press Release
NEWARK, N.J. – An Ohio man who was out on bail for allegedly committing a bank robbery in the Chicago area and who is charged in New Jersey with seven bank robberies or attempted bank robberies will make his initial court appearance by videoconference today, U.S. Attorney Craig Carpenito announced.
Tyler O’Toole, 23, of Cleveland, Ohio, was arrested in Queens, New York, on November 14, 2020. He is charged by complaint sworn out in the District of New Jersey on Nov. 4, 2020, with five counts of bank robbery and two counts of attempted bank robbery and is scheduled to have his initial appearance by videoconference this afternoon before U.S. Magistrate Judge Joseph A. Dickson.
According to documents filed in this case and statements made in court:
O’Toole was arrested in Glenview, Illinois, on Aug. 20, 2020, and charged in federal court in the Northern District of Illinois with bank robbery. O’Toole was released on bail and placed on home detention with electronic location monitoring.
On Sept. 24, 2020, O’Toole removed his monitoring device, stole his mother’s blue 2018 Hyundai Elantra, and drove away. He later robbed, or attempted to rob, the following New Jersey banks:
Date
Bank
Location
Oct. 8, 2020
PNC Bank
Morris Plains, New Jersey
Oct. 8, 2020
PNC Bank*
Pompton Plains, New Jersey
Oct. 22, 2020
Chase Bank
Aberdeen, New Jersey
Oct. 22, 2020
Bank of America
East Windsor, New Jersey
Oct. 27, 2020
Chase Bank
Lawrence Township, New Jersey
Oct. 27, 2020
Citizens Bank
Mount Holly, New Jersey
Oct. 30, 2020
Citizens Bank*
Runnemede, New Jersey
*attempted bank robbery
At each bank, O’Toole presented a note demanding cash from bank tellers. For example, during the Oct. 27, 2020, robbery of the Chase Bank in Lawrence Township, O’Toole handed the teller a manila envelope which stated:
- This is a robbery. Comply and Nobody gets hurt.
- Give me 20’s 50’s 100’s
- NO Trackers or Ink Packs
- Put Money in THIS Envelope
- Be fast, Act Normal
Each bank robbery or attempted bank robbery charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine.
U.S. Attorney Carpenito credited special agents of the FBI’s Violent Crimes/Interstate Theft Task Force, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to the charges. He also thanked the FBI’s Westchester, County, New York Safe Streets Task Force; the Camden County, Monmouth County and Morris County prosecutor’s offices; and the Morris Plains Boro, Pompton Plains, Aberdeen Township, East Windsor Township, Lawrence Township, Mount Holly Township, Runnemede Borough, Medford, and Gloucester Township police departments for their assistance.
The government is represented by Assistant U.S. Attorney Jonathan W. Romankow of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
The charges and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
O.C. Tax Preparer Sentenced to Nearly 3 Years in Prison for Filing False Tax Returns that Caused Almost $5 Million in Losses to IRSRead the Press Release
SANTA ANA, California – An Orange County tax preparer who cheated the IRS out of nearly $5 million by fraudulently filing income tax returns on his clients’ behalf – and without their consent – to obtain false tax refunds was sentenced today to 34 months in federal prison.
Michael Hung Lee, 70, of Garden Grove, was sentenced by United States District Judge David O. Carter, who also ordered him to pay $4,917,035 in restitution. Lee pleaded guilty on July 27 to one count of conspiracy to aid and assist in the preparation of false tax returns.
From 2014 to March 2018, Lee was a tax preparer who owned and operated the Garden Grove-based business, 1040 U.S. Tax Center Inc. Lee conspired with others at the business to fraudulently prepare and file federal individual income tax returns on behalf of their clients.
Specifically, Lee claimed Schedule D capital losses on these fraudulent tax returns. Schedule D is a form the IRS provides to help taxpayers compute their capital gains or losses from the sale of items such as stocks, bonds and real estate, and the corresponding taxes due from them.
On these tax returns, Lee claimed capital losses that he knew his clients never approved and for which they were unqualified. The false declarations of capital losses reduced his clients’ listed taxable income. As a result, the federal government incurred a tax loss of at least $4,917,035. The tax refunds went to the customers, while Lee obtained more business as a result of the scheme.
On June 15, Mylinh Thi Lee, 50, of Garden Grove, who is Michael Lee’s step-daughter and also was a tax preparer at 1040 U.S. Tax Center, pleaded guilty to one count of aiding and assisting in the preparation of false tax returns. She will face a statutory maximum sentence of three years in federal prison at her sentencing hearing, which is scheduled for December 7.
The matter was investigated by IRS Criminal Investigation.
This case was prosecuted by Assistant United States Attorney Jennifer L. Waier of the Santa Ana Branch Office.
Nashville Gang Member Sentenced to 30 Years in PrisonRead the Press Release
NASHVILLE, Tenn. – November 16, 2020 - A Nashville man convicted last year of drug distribution and firearms charges was sentenced Friday to 30 years in federal prison, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Lorenzo Shelton, 38, was convicted in September 2019, after a four-day jury trial, of possession with intent to distribute 100 grams or more of heroin; possession of a firearm by a convicted felon; and possession of a firearm in furtherance of a drug trafficking crime.
Shelton, a high-ranking member of the Rollin’ 40s Gang, was on parole for previous drug trafficking crimes in August 2016 when parole officers made a surprise visit to his home on Tillman Lane in Nashville. A search of Shelton’s room resulted in the seizure of 165 grams of heroin and other items indicative of drug trafficking. A loaded sawed-off shotgun and another shotgun were also found in the house and $11,000 cash was recovered from the trunk of Shelton’s rental car. The investigation led officers to a second address on Chesapeake Drive in Nashville, where Shelton also lived, and there, officers recovered 90 grams of heroin, a loaded 9mm pistol, and $51,000 cash.
After being convicted of these crimes last year, Shelton was returned to state custody to await sentencing. Approximately 10 days later, agents received information that Shelton used a contraband cellular phone to call into a meeting of Rollin’ 40s Gang members to solicit the assassination of the federal prosecutor and ATF agent who brought the charges. The U.S. Marshals Service opened an investigation and requested state correctional officers conduct a search of Shelton’s prison cell for the cellular phone. When an officer attempted to retrieve the phone, Shelton assaulted the officer and destroyed the phone. When sentencing Shelton, U.S. District Court Judge Eli J. Richardson found that this conduct by Shelton obstructed justice.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the United States Marshals Service; the Tennessee Department of Correction; and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Brooke K. Schiferle prosecuted the case. The sentencing was handled by Assistant U.S. Attorney Sunny A.M. Koshy.
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Nashua Man Sentenced to 18 Months for Drug TraffickingRead the Press Release
CONCORD - David Campbell, 36, of Nashua, was sentenced to 18 months in federal prison for drug trafficking on Friday, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on April 16, 2019, three Nashua police officers were returning to the station from a patrol when they observed Campbell walking in a gas station parking lot. They paused to watch him. He seemed to be impaired as he was at times staring off into the distance and walking aimlessly in the parking area. During a consensual encounter, he was arrested after being found in possession of methamphetamine. A subsequent search revealed distributable quantities of methamphetamine and fentanyl.
Campbell waived his Miranda rights and admitted to selling methamphetamine. He also acknowledged that he was working on a deal in the parking lot before the officers confronted him.
Campbell previously pleaded guilty on July 24, 2020.
“Drug traffickers distribute illegal substances that undermine public health and safety,” said U.S. Attorney Murray. “In order to combat their dangerous activities, we work closely with the Nashua Police Department and other law enforcement agencies to identify and prosecute the individuals who peddle lethal substances in the Granite State.”
This matter was investigated by the Nashua Police Department. The case was prosecuted by Assistant U.S. Attorney Joachim Barth.
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
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Multiple Defendants Charged in Federal Investigation That Dismantled Telephone Drug Hotline in ChicagoRead the Press Release
CHICAGO — More than 26 individuals have been charged with various narcotics trafficking or firearms offenses as part of a federal investigation into illegal activities on the West Side of Chicago. As part of the investigation, law enforcement shut down a telephone drug hotline, according to a criminal complaint recently unsealed in U.S. District Court in Chicago.
Over a three-month period this summer, law enforcement made two dozen undercover purchases of fentanyl-laced heroin and crack cocaine from the defendants’ drug trafficking operation, according to the complaint. In addition to shutting down the phone line used by the defendants to coordinate sales, law enforcement also seized narcotics, a drug mixer, and multiple firearms during a court-authorized search of a stash house in the 800 block of South Karlov Avenue in Chicago, the charges allege.
The complaint unsealed on Nov. 10, 2020, charges 13 defendants with drug conspiracy. Twelve of those defendants were arrested and have begun making initial appearances in federal court. One defendant remains at large, and a warrant has been issued for his arrest.
The federal investigation previously resulted in related drug or firearm charges this summer and fall against more than 13 other defendants.
The results of the investigation were announced today by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Robert J. Bell, Special Agent-in-Charge of the Chicago Field Division of the U.S. Drug Enforcement Administration; Kristen deTineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and David Brown, Superintendent of the Chicago Police Department. Substantial assistance in the investigation was provided by the Cook County State’s Attorney’s Office, U.S. Marshals Service, Cook County Sheriff’s Office, and IRS Criminal Investigation Division. The government is represented by Assistant U.S. Attorneys Kalia Coleman, Katie Durick, Prashant Kolluri, and Ramon Villalpando, and Special Assistant U.S. Attorneys Elena Gottreich and Deborah Shutter.
The investigation was conducted with the support of the Organized Crime Drug Enforcement Task Force (OCDETF) and the Chicago High Intensity Drug Trafficking Task Force (HIDTA). The task forces are comprised of federal, state, and local law enforcement agencies who work together to identify, disrupt, and dismantle the most serious drug trafficking organizations.
“These arrests send a clear message that anyone who sells dangerous drugs on the streets of Chicago faces the full weight of federal law enforcement,” said U.S. Attorney Lausch. “Our office will continue to focus on individuals and groups who distribute fentanyl-laced drugs – a gravely potent mix – and prosecute those offenders in federal court.”
“This cooperative investigation targeted the distribution of narcotics, including heroin mixed with potentially lethal fentanyl, and violence in the East Garfield Park in Chicago,” said DEA SAC Bell. “DEA Chicago is committed with our federal, state, and local partners to combat drug trafficking and associated drug related violence across the city and region.”
“Partnerships among local, state, and federal law enforcement and prosecutorial agencies is a force multiplier, focusing resources to stop violent crime including firearms and narcotics trafficking,” said ATF SAC deTineo. “When law enforcement works together, as illustrated in this operation, the impact is visible throughout the communities of Chicago.”
“I am extremely proud of the partnership CPD has with our state and federal colleagues,” said CPD Supt. Brown. “Working together makes Chicago a safer city. Criminal networks that plague our city will not survive. This multi-defendant, complex operation is an example of that commitment. I also wish to thank those community members that assist law enforcement with valuable information every day. This cooperative effort is how we will improve public safety in Chicago.”
According to the newly unsealed complaint, DEXSTIN BRYANT, 31, of Chicago, operated and managed the drug trafficking organization on the West Side of Chicago, with assistance from TREMAINE BRENT, 32, of Chicago. Drug dealers in Bryant’s organization used the phone line to arrange deliveries of narcotics to customers, the complaint states. Each dealer worked a shift on the phone to receive calls and organize the sales, the charges allege. The complaint charges eleven alleged dealers, all of whom reside in Chicago: TEVIN ALVERIO, 26; JARVIS BLAIR, 36; ENRIQUE HOLLINS, 23, who remains at large; SHARONDA HOSEY, 20; JUSTIN JOHNSON, 19; TYJUAN MCDOWELL, 32; RIKITA MITCHELL, 34; ALLEN WASHINGTON, 27; PAUL WILKINS, 64; DOROTHY WILLIAMS, 54; and INA WILLIAMS, 38.
The previously charged cases include Chicago residents KENDRICK PEPPER, 29, and LAMONT HAGGARD, who allegedly distributed large quantities of heroin and crack cocaine in Chicago; CARLTON HARRIS, 28, who allegedly illegally possessed a handgun on May 8, 2020, in Chicago; LACJON LINK, 30, KELVIN ROSS, 39, and WILLIE ROSS, 60, who allegedly distributed more than 400 grams of fentanyl-laced heroin in Chicago; ERNEST RUSSELL, 35, DEVON LEE, 22, WONSHON DONAHUE, 21, DEMARLON CARROLL, 34, ERNEST ROSS, 62, SHAUNTRELL HARRIS, 31, and OSHAY KELLEY, 26, who allegedly distributed heroin, fentanyl, or crack cocaine in Chicago; and the alleged owner of the drug stash house, JOHNNIE GRANT, 32.
The public is reminded that charges contain only accusations and are not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Montreal Man Sentenced for Importing MarijuanaRead the Press Release
ALBANY, NEW YORK – Mihale Leventis, a/k/a “Rookie,” a/k/a “Big Mike,” age 44, of Montreal, Canada, was sentenced today to time served (nearly 8 years in prison) for importing marijuana into the United States.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division.
As part of his guilty plea on September 29, 2020, Leventis admitted that he worked with a drug trafficking organization in Quebec to import marijuana into the United States through the Northern District of New York and elsewhere. Leventis transported marijuana from locations in Quebec to the border, where his coconspirators smuggled it into the United States. Leventis served most of his prison sentence in Canada while awaiting extradition to the United States.
This case was investigated by the DEA and prosecuted by Assistant U.S. Attorney Katherine Kopita. Leventis was extradited to the United States in September 2020 with assistance from the Department of Justice’s Office of International Affairs.
Mission Man Sentenced for Assaulting Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on November 12, 2020, by U.S. Magistrate Judge Mark A. Moreno.
Patrick Red Bird, age 36, was sentenced to 11 months in federal prison, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Red Bird was indicted by a federal grand jury on February 11, 2020. He pled guilty on October 22, 2020.
The conviction stemmed from an incident that occurred on December 27, 2019, in Mission. On that date, Red Bird was arrested for disorderly conduct. After being placed in handcuffs, Red Bird lunged at the arresting officer and grabbed him.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Red Bird was immediately turned over to the custody of the U.S. Marshals Service.
Mexican National Admits Trafficking Fentanyl into New JerseyRead the Press Release
NEWARK, N.J. – A Mexican national today admitted transporting approximately two kilograms of fentanyl into New Jersey for distribution, U.S. Attorney Craig Carpenito announced.
Adrian Vargas Arroyo, 31, pleaded guilty by videoconference before U.S. District Judge Brian R. Martinotti to an indictment charging him with one count of possession with intent to distribute over 400 grams of fentanyl.
According to documents filed in this case and statements made in court:
In October 2019, Vargas Arroyo drove a tractor trailer into New Jersey with a bag containing four half-kilogram packages of fentanyl, weighing a total of approximately two kilograms. Vargas Arroyo arranged to distribute the narcotics at a location in Middlesex County, New Jersey, where he was arrested.
The distribution and possession with intent to distribute charge to which Vargas Arroyo pleaded guilty carries a mandatory minimum penalty of 10 years in prison, a maximum of life in prison, and a $10 million fine. Sentencing is scheduled for March 29, 2021.
U.S. Attorney Carpenito credited special agents with the U.S. Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Shawn Barnes of the U.S. Attorney’s Office Organized Crime Drug Enforcement Task Force/Narcotics Unit.
Medicare Advantage Provider to Pay $6.3 Million to Settle False Claims Act AllegationsRead the Press Release
Kaiser Foundation Health Plan of Washington, formerly known as Group Health Cooperative (GHC), agreed to pay $6,375,000 to resolve allegations that it submitted invalid diagnoses to Medicare for Medicare Advantage beneficiaries and received inflated payments from Medicare as a result, the Justice Department announced today. Kaiser Foundation Health Plan is headquartered in Oakland, California.
“The United States relies on Medicare Advantage Organizations to submit accurate diagnosis data to Medicare to ensure that the compensation they receive is appropriate,” said Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. “We will continue to pursue those who undermine the integrity of the Medicare program and the data it relies upon.”
“When insurance providers take advantage of Medicare and falsely claim that they are entitled to repayment for unsupported diagnoses, American taxpayers suffer in the form of higher costs,” stated U.S. Attorney James Kennedy, Jr. of the Western District of New York. “We will continue to work to ensure that these programs are not defrauded and that monies are not paid for unwarranted claims.”
Under the Medicare Advantage program, also known as Medicare Part C, Medicare beneficiaries may opt to obtain health care coverage through private insurance plans that are owned and operated by private insurers known as Medicare Advantage Organizations (MAOs). Medicare pays MAOs a fixed, monthly amount to provide health care coverage to Medicare beneficiaries who enroll in their plans. Medicare adjusts these monthly payments to reflect the health status of each beneficiary. In general, Medicare pays MAOs more for sicker beneficiaries and less for healthier ones.
MAOs report beneficiary diagnoses and other information to Medicare on an annual basis and Medicare uses this information to adjust the payments that the MAO receives from Medicare. The settlement resolves allegations that GHC knowingly submitted diagnoses that were not supported by the beneficiaries’ medical records to inflate the payments that it received from Medicare.
The settlement resolves allegations originally brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act by Teresa Ross, a former employee of Group Health. The act permits private parties to sue on behalf of the government for false claims for government funds and to receive a share of any recovery. Ms. Ross will receive approximately $1,500,000.
The government’s intervention in this matter illustrates its emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
This matter was handled by the Civil Division’s Commercial Litigation Branch, the United States Attorney’s Office for the Western District of New York, and the Department of Health and Human Services, Office of Inspector General.
The case is docketed as United States ex rel. Teresa Ross v. Group Health Cooperative, Independent Health Association, Independent Health Corporation, DxID LLC, Elizabeth Gaffney, and John Haughton, M.D., No. 12-CV-0299S (W.D.N.Y.).
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Medicare Advantage Provider to Pay $6.3 Million to Settle False Claims Act AllegationsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY - Kaiser Foundation Health Plan of Washington, formerly known as Group Health Cooperative (GHC), agreed to pay $6,375,000 to resolve allegations that it submitted invalid diagnoses to Medicare for Medicare Advantage beneficiaries and received inflated payments from Medicare as a result, the Justice Department announced today. Kaiser Foundation Health Plan is headquartered in Oakland, California.
“The United States relies on Medicare Advantage Organizations to submit accurate diagnosis data to Medicare to ensure that the compensation they receive is appropriate,” said Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. “We will continue to pursue those who undermine the integrity of the Medicare program and the data it relies upon.”
“When insurance providers take advantage of Medicare and falsely claim that they are entitled to repayment for unsupported diagnoses, American taxpayers suffer in the form of higher costs,” stated U.S. Attorney James P. Kennedy, Jr. “We will continue to work to ensure that these programs are not defrauded and that monies are not paid for unwarranted claims.”
Under the Medicare Advantage program, also known as Medicare Part C, Medicare beneficiaries may opt to obtain health care coverage through private insurance plans that are owned and operated by private insurers known as Medicare Advantage Organizations (MAOs). Medicare pays MAOs a fixed, monthly amount to provide health care coverage to Medicare beneficiaries who enroll in their plans. Medicare adjusts these monthly payments to reflect the health status of each beneficiary. In general, Medicare pays MAOs more for sicker beneficiaries and less for healthier ones.
MAOs report beneficiary diagnoses and other information to Medicare on an annual basis and Medicare uses this information to adjust the payments that the MAO receives from Medicare. The settlement resolves allegations that GHC knowingly submitted diagnoses that were not supported by the beneficiaries’ medical records to inflate the payments that it received from Medicare.
The settlement resolves allegations originally brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act by Teresa Ross, a former employee of Group Health. The act permits private parties to sue on behalf of the government for false claims for government funds and to receive a share of any recovery. Ms. Ross will receive approximately $1,500,000.
The government’s intervention in this matter illustrates its emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
This matter was handled by the Civil Division’s Commercial Litigation Branch, the United States Attorney’s Office for the Western District of New York, and the Department of Health and Human Services, Office of Inspector General.
The case is docketed as United States ex rel. Teresa Ross v. Group Health Cooperative, Independent Health Association, Independent Health Corporation, DxID LLC, Elizabeth Gaffney, and John Haughton, M.D., No. 12-CV-0299S (W.D.N.Y.).
The claims resolved by the settlement are allegations only; there has been no determination of liability.
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Maple Grove Man Charged with Defrauding the U.S. Small Business Administration’s Paycheck Protection ProgramRead the Press Release
United States Attorney Erica H. MacDonald today announced the unsealing of a federal indictment charging ADITYA RAJ SHARMA, 47, with wire fraud. SHARMA, who was arrested on November 13, 2020, made his initial appearance today before Magistrate Judge Hildy Bowbeer in U.S. District Court in St. Paul, Minnesota.
According to the allegations in the indictment, SHARMA was the founder, CEO, and president of Crosscode Inc., a cloud-based software development company headquartered in Foster City, California. In November 2019, SHARMA was removed as an officer and terminated from the company by Crosscode’s board of directors. In May 2020, SHARMA created a cloud-computing technology company called Kloudgaze Inc. On April 26, 2020, SHARMA submitted a false and fraudulent loan application in the name of “Crosscode dba Kloudgaze” seeking approximately $562,500 through the U.S. Small Business Administration’s Paycheck Protection Program (“PPP”). On the application SHARMA falsely stated that “Crosscode dba Kloudgaze” was in operation on February 15, 2020, even though SHARMA did not create Kloudgaze until May 2020. In addition, SHARMA falsely stated that he was the 100% owner and CEO of Crosscode, that Crosscode did business under the name of Kloudgaze, and that “Crosscode dba Kloudgaze” had approximately 29 employees on its payroll even though records from the State of Minnesota show SHARMA paid no wages to a single Kloudgaze employee. In support of the application, SHARMA included fraudulent supporting documentation, including fabricated bank account statements.
According to the allegations in the indictment, on April 29, 2020, as a result of SHARMA’s material falsehoods and omissions, the application was approved, and SHARMA received $562,500 in PPP funds. However, instead of using the PPP funds for permissible small business expenses, such as payroll for employees, SHARMA sought to enrich himself personally and transferred approximately $500,000 to a personal bank account, made a $5,000 down payment toward the installation of a $64,300 pool at his personal residence, and transferred approximately $14,000 to a financial account in India.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small-businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal on the PPP loan to be forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses at least a certain percentage of the PPP loan proceeds on payroll expenses.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
This case is the result of an investigation conducted by the FBI.
Assistant U.S. Attorney Matthew S. Ebert and Jordan L. Sing are prosecuting the case.
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defendant Information:
ADITYA RAJ SHARMA, 47
Maple Grove, Minn.
Charges:
- Wire fraud, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Mandeville Man Charged with Theft of Government FundsRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that BRUCE D. COX, age 62, of Mandeville, was charged on November 12, 2020 with theft of government funds in connection a false application for disaster assistance.
According to the Bill of Information, COX is charged with submitting a falsified application to the Federal Emergency Management Administration (“FEMA”) for disaster assistance. The application sought disaster assistance for a rental property in Robert, Louisiana that COX managed, following the August 2016 storms and flooding in Tangipahoa Parish. In the application, COX falsely stated that property in Robert was the owner’s primary residence, when in fact COX rented out the property to a tenant and knew that the property’s owner had never lived there. As a result of false statements in the application, FEMA paid disaster benefits to the property’s owner, despite the property owner not qualifying for those benefits.
If convicted, COX faces up to one year in prison, a fine of up to $100,000, and up to one year of supervised release following any term of imprisonment. U.S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the Department of Homeland Security’s Office of Inspector General. Assistant U.S. Attorney Nicholas D. Moses is in charge of the prosecution.
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Local man indicted in connection with armed robbery of mail carriersRead the Press Release
HOUSTON – A 20-year-old Houstonian is set to appear in federal court on charges of aiding and abetting interference with commerce by robbery, announced U.S. Attorney Ryan K. Patrick.
A federal grand jury returned the indictment against Xzavier Ivar Shephard Nov. 5. He is expected to make his initial appearance via video before U.S. Magistrate Judge Andrew M. Edison at 2 p.m. today.
Originally charged by criminal complaint, Shephard was believed to be involved in at least four armed robberies of postal letter carriers since June.
The charges allege a young male would approach letter carriers while engaged in the performance of their duties. He would allegedly display a gun and/or threaten force and make demands for certain items.
The charges allege robbers would retreat to a black Buick automobile with paper plates and flee the scene. The vehicle was registered to Shephard, according to the charges.
If convicted, Shephard faces up to 25 years in federal prison as well as a mandatory minimum of seven years that must be served consecutively to any other prison term imposed.
U.S. Postal Inspection Service conducted the investigation. Assistant U.S. Attorney Richard D. Hanes is prosecuting the case.
Justice Department Settles with the Commissioner of the Revenue for Caroline County, Virginia to Resolve Disability Discrimination ComplaintRead the Press Release
The Justice Department today announced that it reached an agreement with the Commissioner of the Revenue for Caroline County, Virginia, in his official capacity (the “Commissioner”) to resolve the department’s lawsuit alleging disability discrimination in violation of Title I of the Americans with Disabilities Act (ADA).
The department’s complaint alleges that a former Caroline County Commissioner of the Revenue terminated an employee with a respiratory impairment on the basis of her disability, after almost 24 years of service. According to the complaint, after a period of medical leave, the employee requested to return to work with reasonable accommodations for her speaking and walking restrictions. The complaint alleges that the Commissioner denied the employee’s request and required her to return to work in full-duty capacity; it then fired her when she could not do so.
Title I of the ADA prohibits covered employers from discriminating against qualified individuals on the basis of disability in employment. Discrimination includes failing to provide reasonable accommodations if the accommodations do not pose an undue hardship to the employer. An informal, interactive process may be needed to identify appropriate reasonable accommodations. Reasonable accommodations include acquiring equipment or devices, among other things.
“Reasonable accommodations enable many people with disabilities to work and, as a result, achieve economic self-sufficiency and full participation in the workforce,” said Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division. “The U.S. Department of Justice is committed to ensuring that people with disabilities have an equal opportunity to become and remain employed, so that they can pursue their goals, contribute to their communities, and earn a living.”
Under the agreement, the Commissioner, among other things, will pay $75,000 in back pay and compensatory damages to the former employee. The Commissioner and the Caroline County Human Resources Manager also will attend a presentation on Title I of the ADA.
This matter was based on a referral from the Equal Employment Opportunity Commission’s Norfolk Local Office.
This year marks the 30th Anniversary of the ADA. The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. Please visit the department’s ADA Anniversary webpage to learn more about the ADA’s history and impact.
To read the settlement agreement, please click here, and to read the complaint, please click here. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the Justice Department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Justice Department Settles with School Board to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it reached a settlement with the School Board of Palm Beach County, Florida (the District). The settlement resolves claims that the District discriminated against work-authorized non-U.S. citizen employees by asking them to provide specific and unnecessary documentation showing their legal right to work, because of their immigration status, in violation of the Immigration and Nationality Act (INA).
“Employers must not discriminate against work-authorized non-U.S. citizens due to mistaken assumptions about their immigration status,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We applaud the School District of Palm Beach County for working with the Department of Justice to ensure proper implementation of its non-discrimination policy.”
Based on its investigation, the department concluded that the School District requested unnecessary and specific documents from non-U.S. citizens, such as requesting some work-authorized workers to show specific documents in violation of the INA. This included requests for certain individuals to show their Permanent Resident Cards (sometimes known as “green cards”) or Employment Authorization Documents, even though those workers had already shown other documents that proved their work authorization, such as an ID and unrestricted Social Security card.
The INA’s anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status or national origin. Instead, in the INA, Congress determined that all work-authorized individuals, regardless of citizenship status, may choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States. The INA does, however, permit employers to reject non-genuine looking documents.
Under the terms of the settlement, the District will pay to the United States a civil penalty of $90,000, pay up to $100,000 in back pay to people who lost work due to the unlawful document requests, and train district employees on their legal obligations.
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. 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. The public also can 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.
The Civil Rights Division wants to hear about civil rights violations. Members of the public can report possible civil rights violations through the Civil Rights Division’s reporting portal.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
The Civil Rights Division’s Protecting U.S. Workers Initiative, started in 2017 in IER, targets, investigates, and (where appropriate) brings enforcement actions against employers that intentionally discriminate against U.S. workers due to citizenship-status discrimination based on a preference for temporary visa workers. IER has reached numerous settlements under the Protecting U.S. Workers Initiative, and employers have distributed or agreed to pay a combined total of more than $1.2 million in back pay to affected U.S. workers and civil penalties to the United States. These settlements involve employers that discriminated in their use of the H-1B, H-2A, and H-2B visa programs.
Judge sentences man for armed robberies and firearm offensesRead the Press Release
ST. LOUIS, MO – United States District Judge Ronnie L. White sentenced Deandre Wings to 168 months in prison today. The 32-year-old St. Louis, Missouri resident pleaded guilty to one count of conspiracy to commit armed robbery, three counts of armed robbery and two counts of using a firearm in furtherance of a crime of violence.
Wings conspired with others from July 2018 through September 2018 to commit armed robberies at commercial establishments. On September 3, 2018, Deandre Wings served as the get-away driver; while his co-defendant (who Wings knew was armed) went into the store, showed a handgun, jumped over the counter and demanded employees open the safe. Wings’ co-defendant, who knocked over an elderly woman while jumping the counter, took off with $269.
On September 9, 2018, Deandre Wings, along with co-defendants, robbed a Metro PCS store on DaBaliviere Avenue. Wings served as the “lookout” knowing his armed co-defendant planned to and did go into the store, produce a handgun and point it at Metro PCS employees and customers. The co-defendant demanded money, produced a bag and the employee complied by putting money in the bag.
Again on September 9, 2018, Deandre Wings along with co-defendants, robbed another Metro PCS, this one on Page Avenue. Deandre Wings, who was waiting in one of the getaway cars, drove off after the robbery with the other defendants. During the robbery, Wings’ co-defendant entered the store, pointed a handgun at an employee, and ordered the employee to remove the cash from the register. The employee complied and provided $150 in U.S. currency from the register.
The Federal Bureau of Investigation and St. Louis Metropolitan Police Department investigated this case. Assistant United States Attorney Paul D’Agrosa is handling the case.
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Joint law enforcement operation results in major eradication in northwest New MexicoRead the Press Release
ALBUQUERQUE, N.M. – Federal, state, local and tribal law enforcement agencies last week teamed together in the Shiprock, New Mexico, area to conduct a marijuana eradication operation that yielded tremendous results.
From Nov. 9 to Nov. 11, the FBI led hundreds of officers in a large-scale, multi-agency law enforcement operation that took place at 21 farms and two residences on the Navajo Nation near Shiprock. The marijuana was housed in 1,107 grow houses, though dozens more were under construction.
During the court-authorized operation, agents eradicated approximately 260,000 live plants and processed an estimated 60,000 pounds (30 tons) of evidence. Additionally, agents found 19 trash bags filled with fully processed marijuana - 1,000 pounds - in baggies, ready for distribution, hidden under a tarp in a grow house.
“First and foremost, I want to congratulate all the agencies involved in this operation, and especially those agents on the scene,” said John C. Anderson, U.S. Attorney for the District of New Mexico. “The numbers are astounding, and that could not have been achieved without a high level of interagency cooperation and coordination. I am consistently impressed by the professionalism displayed by law enforcement agents in the District of New Mexico. What they accomplished over the past week is remarkable. We are proud stand with the Navajo Nation in upholding and enforcing tribal and federal law.”
“I'm not sure what is more amazing: the amount of high-grade marijuana we kept off America's streets, or all the federal, state, local, and tribal agencies who tirelessly worked together to overcome numerous challenges and get the job done,” said James Langenberg, Special Agent in Charge of the Albuquerque FBI Division. “One thing I know for certain: We made a huge difference not only on the Navajo Nation, but in countless other communities. The FBI is extremely proud to have been a part of this significant operation and thanks the many partners who contributed to its success.”
“The top priority is the safety and well-being of our Navajo citizens and law enforcement officers,” said Navajo Nation President Jonathan Nez. “We appreciate everyone’s patience throughout this process as the Navajo Nation, federal, state, and counties worked together. It took a lot of time, coordination, and resources to execute this operation over the last few days. On behalf of the Navajo Nation, I thank the Navajo Police Department, Department of Justice, FBI, U.S. Attorneys, and many others who dedicated their time to help our communities eradicate these illegal activities.”
"The coordinated efforts and tireless work of all involved has brought the much-needed resolution to the marijuana operations and has given the Navajo Nation citizens, as well as the surrounding communities, peace of mind,” said Chief of Police Philip Francisco of the Navajo Police Department. “This operation is a testament to the professionalism of law enforcement, who have worked diligently to ensure the safety of our communities."
“Tackling the scourge of illicit drugs in tribal communities has been a top priority for the Trump Administration with Interior and the Bureau of Indian Affairs helping lead the way,” said Secretary of the Interior David L. Bernhardt. “I want to thank our federal, tribal, state, and local law enforcement partners for their tremendous efforts in taking down this major operation and making these communities safer.”
“Through the cooperative efforts of federal, tribal, state and local law enforcement partners, we have put a stop to a massive marijuana grow operation, which was being carried out under the guise of hemp farming,” said Kyle W. Williamson, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “The persons running this marijuana operation were doing so in disregard of tribal law, the health and well-being of tribal members, and the natural resources of the Navajo Nation. We thank community members for saying something when they saw something.”
“Large-scale growing operations, such as this one, can pose a serious risk to human health and the environment,” said Special Agent in Charge Christopher Brooks of the Environmental Protection Agency’s Criminal Investigation Division in New Mexico “Today’s action sends a clear signal that EPA and its law enforcement partners are committed to enforcing environmental laws that protect our communities.”
“I am proud of the hard work and dedication contributed to this operation by my officers and agents.” said Robert Thornton, Chief of the New Mexico State Police. “The result of this unprecedented effort serves to strengthen the cooperation between our federal, state, and local law enforcement partners”
“This case had many jurisdictional hurdles. Thanks to the longstanding partnerships between federal, state and local law enforcement, we came together to stop a significant criminal enterprise in our community,” said San Juan County Sheriff R. Shane Ferrari. “San Juan County is truly blessed to have these dedicated professionals to keep our communities safe.”
Federal agencies involved in the effort were the U.S. Attorney’s Office for the District of New Mexico, the FBI, the Drug Enforcement Administration, the U.S. Marshals Service, the Environmental Protection Agency’s Criminal Investigations Division, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Bureau of Indian Affairs. Tribal, state and local agencies included the Navajo Police Department, the Navajo Department of Criminal Investigations, the New Mexico State Police, the Region II Narcotics Task Force, the New Mexico Army National Guard, the San Juan County Sheriff's Office, the Farmington Police Department, the Aztec Police Department, the Colorado Bureau of Investigation and the Tennessee Bureau of Investigation.
Anyone who has additional information they wish to report relating to this eradication effort may do so by contacting the FBI at 1-800-CALL-FBI (225-5324).
Irondequoit Man Going to Prison for Two Years for CyberstalkingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Theodore Loria, 53, of Irondequoit, NY, who was convicted of cyberstalking, was sentenced by U.S. District Judge Elizabeth A. Wolford to serve 24 months in federal prison to be followed by six months home confinement.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between June 2017 and August 2019, the defendant stalked an individual (Victim) causing substantial emotional distress. In 2017, Loria sent the Victim threatening text messages via cellular telephone. The defendant also sent a series of text messages, pretending to be a member of a local police department, stating that the Victim was an “enemy” of law enforcement and that he knew where all of Victim’s family members lived. Loria texted the Victim the correct addresses of the Victim’s family members. In December 2018, the defendant texted the Victim anonymously stating he knew where the Victim lived and everything about the Victim’s minor child, even providing details about the child’s school location, appearance, and the location of the child’s bedroom in the home. Defendant also conducted physical surveillance of the Victim’s residence and business and followed the Victim in his vehicle.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan.
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Iraqi Man Sentenced for Willfully Violating Order of SupervisionRead the Press Release
BANGOR, Maine: An Iraqi national was sentenced today in federal court in Bangor for willfully failing to comply with the terms of release under supervision, U.S. Attorney Halsey B. Frank announced.
U.S. Magistrate Judge John Nivison sentenced Mustafa Hatem Abdulkadhim Al-Shuwaili, 28, to 12 months in federal prison. He pleaded guilty on December 17, 2019.
According to court records, Al-Shuwaili entered the U.S. in 2012. An immigration judge ordered him removed to Iraq in December 2015. In October 2018, pending his removal from the U.S., he signed an Order of Supervision with the Department of Homeland Security, U.S. Immigration and Customs Enforcement. The order prohibited him from committing any crimes while on release, among other conditions. On June 11, 2019, he was convicted in Penobscot County of felony Domestic Violence Assault, with Priors.
U.S. Immigration and Customs Enforcement investigated the case.
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Iowa Woman Sentenced for Trafficking Fentanyl and Heroin to VirginiaRead the Press Release
NORFOLK, Va. – An Iowa woman was sentenced today to 10 years in prison for her role as the out-of-state heroin and fentanyl supplier for convicted Hampton Roads trafficker Michelle Best.
“Selling fentanyl from a daycare where young children are present is not just extremely reckless and illegal, it is dangerous,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This case and this sentence should be a wake-up call to anyone trafficking dangerous drugs into Virginia: Our investigative partners follow the narcotics and the money wherever they lead, and our prosecutions reflect that. This district will bring the full force of the law against traffickers who endanger the lives of Virginians, wherever they are.”
According to court documents, in September 2017, Latosha L. Prather, 37, of Des Moines, sold two kilograms of heroin and fentanyl for $125,000 to Best from Prather’s home-based day care service in Des Moines. Agents and analysts traced approximately $100,000 in cash deposits from Best to Prather. In January 2018, Prather travelled from Des Moines to Virginia Beach, where she met with Best in a Wal-Mart parking lot to distribute another kilogram of heroin and fentanyl for $49,000. In March 2018, a Virginia SWAT team working with the DEA executed a search warrant at Best’s Croatan house and recovered nearly $42,000 in cash, approximately 352 grams of heroin laced with fentanyl, significant quantities of other narcotics, a commercial money counter, and a number of firearms.
Best was sentenced in March 2019 to 30 years in prison.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; and Paul Neudigate, Chief of the Virginia Beach Police Department, made the announcement after sentencing by Chief U.S. District Judge Mark S. Davis.
Assistant U.S. Attorneys John F. Butler and Andrew C. Bosse 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. 2:19-cr-138. The case of United States v. Michelle Best, et al. can be found by searching for Case No. 2:18-cr-147.
Huntington Woman Sentenced to 57 Months in Prison for Drug and Gun CrimesRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Mike Stuart announced today that Elizabeth Leighton Mullins, 46, was sentenced to 57 months in federal prison for possession with intent to distribute methamphetamine and being a prohibited person in possession of a firearm.
“This meth dealer and user is going to federal prison for almost five years,” said United States Attorney Mike Stuart. “Federal law prohibits unlawful drug users from possessing firearms.”
Mullins previously pled guilty and admitted that on February 13, 2019, in a residence at 1352 Charleston Ave. in Huntington, she possessed plastic baggies containing approximately 69 grams of methamphetamine, a loaded SCCY CPX-1 9mm pistol, and a loaded Ruger LCP II .380 caliber pistol. Mullins later admitted that the methamphetamine was hers and that she intended to sell it. Mullins also admitted that she was an unlawful user of methamphetamine which prohibited her from possessing the firearms.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Ryan A. Keefe handled the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.
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. 3:19-cr-00203.
Follow us on Twitter: SDWVNews and USAttyStuart
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Hot Springs Woman Sentenced to 25 Years in Federal Prison for Drug TraffickingRead the Press Release
Hot Springs, Arkansas – David Clay Fowlkes, First Assistant United States Attorney for the Western District of Arkansas, announced today that Lessie Gallo, age 39, of Hot Springs, Arkansas, was sentenced to a total of 300 months in federal prison followed by five years of supervised release on one count of Distribution of a Controlled Substance that Contained Methamphetamine. The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearing in the United States District Court in Hot Springs.
In the summer of 2019, Detectives with the 18th East Judicial District Drug Task Force, Homeland Security Investigations and the Drug Enforcement Administration launched an investigation into Gallo for drug trafficking in the Western District of Arkansas. The investigation determined that Gallo was the head of an extensive drug distribution network that operated primarily in the Western District of Arkansas. In July and August of 2019, detectives conducted multiple controlled purchases of methamphetamine from Gallo.
Gallo was indicted by a federal grand jury in October of 2019, and entered a guilty plea in February of 2020.
This case was investigated by, the 18th East Judicial District Drug Task Force, Homeland Security Investigations Little Rock, the Drug Enforcement Administration, and the 18th East Judicial District Prosecuting Attorney’s Office. Assistant United States Attorney Bryan Achorn and Special Assistant United States Attorney Trent Daniels prosecuted the case for the Western District of Arkansas.
Hartshorne Woman Pleads Guilty to Theft Concerning Programs Receiving Federal FundsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Meredith Dawn Dunkin, age 47, of Hartshorne, Oklahoma entered a guilty plea to Theft Concerning Programs Receiving Federal Funds, in violation of Title 18, United States Code, Section 666(a)(1)(A), punishable by up to 10 years’ imprisonment, a fine up to $250,000.00, or both.
The Information alleged that from on or about May 23, 2013, and continuing through August 6, 2016, in the Eastern District of Oklahoma, the defendant, Meredith Dawn Dunkin, being an agent of the City of Hartshorne, Oklahoma, said organization received benefits in excess of $10,000 under a Federal Program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal Assistance for the calendar years of 2013, 2014, 2015 and 2016, obtained by fraud, embezzlement, and otherwise without authority, property worth at least $5,000 owned by the City of Hartshorne.
The charges arose from an investigation by the Federal Bureau of Investigation.
United States Attorney Brian J. Kuester said, “The defendant, as an agent of the City of Hartshorne, had been entrusted to safeguard funds and use them as intended for the benefit of those who call Hartshorne home. By enriching herself with those funds she betrayed that trust and violated federal law. She will be held accountable for her actions.”
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Doug Horn represented the United States.
Harrison County man admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Mark Allen Riffle, of Clarksburg, West Virginia, has admitted to a firearms charge, U.S. Attorney Bill Powell announced.
Riffle, 32, pled guilty today to one count of “Unlawful Possession of a Firearm.” Riffle, a person prohibited from having a firearm because of a prior conviction, had a .380 caliber pistol, a .40 caliber pistol, a .22 caliber rifle, a .410-gauge shotgun, a .22 caliber rifle, and a 12-gauge shotgun in May 2019 in Harrison County.
Riffle faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the cases on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative investigated.
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.
U.S. Magistrate Judge Michael John Aloi presided.
Glendale Man Sentenced to 7 Years in Federal Prison for Role in Credit Card ‘Bust Out’ Scams Used to Buy Liquor and Cemetery PlotsRead the Press Release
LOS ANGELES – A Glendale man was sentenced today to 84 months in federal prison for running a series of “bust out” scams that defrauded more than 20 banks out of nearly $5 million by, among other things, using fraudulently obtained credit cards to buy millions of dollars in liquor and cemetery plots that were later sold for a profit.
Mikayel Hmayakyan, 43, was sentenced by United States District Judge George H. Wu, who also ordered him to pay $4,906,534 in restitution. Hmayakyan pleaded guilty on June 29 to two counts of bank fraud and one count of aggravated identity theft.
A “bust out” scam is a form of fraud in which a person applies for a credit card, often using a stolen identity, with the intention of “maxing out” the card with no intention of paying off the debt.
Hmayakyan and his co-conspirators fraudulently obtained credit cards – sometimes using their real names, but also with synthetic identities created with a combination of real and fictitious information. After the cards were run up to the credit limit, members of the scheme “paid down” the cards by submitting payments from accounts with insufficient funds or through other fake accounts to restore the credit line, which allowed them to make additional fraudulent purchases.
For example, from 2014 through 2017, Hmayakyan – with no intention to pay any credit card bills – charged and directed others to charge over $3 million to buy things such as liquor, Rolex watches and Forest Lawn cemetery plots.
The liquor was purchased on behalf of the now-closed Liquor Spot in Glendale, where co-defendant Vahan Aloyan, 45, of Glendale, was a manager. During the execution of a search warrant in 2016, law enforcement seized more than 37,000 bottles of alcoholic beverages, worth approximately $300,000, from the Liquor Spot. They also seized nearly $13,000 in cash from the store, as well as nearly $13,000 in cash and 37 watches and other jewelry items from Aloyan’s residence, according to court documents.
In another set of scams, from 2010 through 2011 and again from 2015 through 2016, Hmayakyan applied for a number of loans in the name of real and fictitious people. He used the loan proceeds to finance the purchase of vehicles, but would not make the payments. Hmayakyan caused losses of more than $400,000 to the banks who gave those loans.
The total actual loss to which the financial institutions were exposed was $4,906,534.
Gayane Hakobyan, 70, of Hollywood Hills, admitted in June that she participated in the “bust-out” scheme by allowing others to open credit card accounts in her name. On October 8, Judge Wu sentenced her to two years’ probation and ordered her to pay $223,235 in restitution.
Mikayel Hovhannisyan, 38, of North Hollywood, pleaded guilty in June 2019 to one count of bank fraud, served a nine-month federal prison sentence and was ordered to pay $412,413 in restitution.
Aloyan, the case’s sole remaining defendant, is scheduled to go on trial in this matter on March 15, 2021.
The United States Secret Service, Homeland Security Investigations and the Glendale Police Department investigated this matter.
Assistant United States Attorneys Poonam G. Kumar of the Major Frauds Section and Victor A. Rodgers of the Asset Forfeiture Section prosecuted this case.
Fresno Man Sentenced to 30 Months in Prison for Assaulting a Postal WorkerRead the Press Release
FRESNO, Calif. — Pablo G. Rivera, 36, of Fresno, was sentenced today by U.S. District Judge Dale A. Drozd to two years and six months in prison for assault on federal officer or employee, U.S. Attorney McGregor W. Scott announced.
According to court documents, on Jan. 19, 2019, Rivera forcibly assaulted a U.S. Postal Service mail carrier in his mail truck while the mail carrier was delivering mail. That day, the defendant attempted to enter several occupied vehicles on Shaw Avenue in Fresno, CA. When he was unsuccessful, he forced his way into a mail truck by shoving the mail carrier. The mail carrier escaped, but Rivera absconded with the mail truck. He was apprehended after he crashed into a telephone pole and fled on foot. Rivera was charged in both state and federal court. He pleaded guilty to the federal charge on Aug. 21.
This case was the product of an investigation by the Fresno Police Department and the U.S. Postal Inspection Service. Assistant U.S. Attorney Justin J. Gilio prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
Former officer charged with sexually assaulting two women while on dutyRead the Press Release
HOUSTON – Authorities are seeking other potential victims following the return of an indictment against a 25-year-old Arcola man on federal civil rights violations, announced U.S. Attorney Ryan K. Patrick.
Hector Aaron Ruiz is a former officer with the Arcola Police Department but is no longer employed there.
Law enforcement took him into custody today. He is expected to make his initial appearance before U.S. Magistrate Judge Andrew M. Edison at 2 p.m. today.
The Houston federal grand jury indicted Ruiz Nov. 10. The charges allege he committed aggravated sexual abuse and kidnapping while serving in his official capacity as a law enforcement officer.
He is charged with two counts of depriving two separate victims of their right to bodily integrity. If convicted, he faces up to life in prison.
He also faces charges of two counts of carrying and using a firearm in a crime of violence as well as falsifying dashboard camera and body microphone recordings with the intent to obstruct the federal investigation. The latter charge carries a maximum 20-year-prisons sentence. If convicted of the firearms charges, he faces a mandatory minimum of five years that must be served consecutively to any other prison term imposed.
The FBI and Texas Rangers are conducting the investigation. Assistant U.S. Attorneys Sharad S. Khandelwal and Sebastian Edwards are prosecuting the case.
Authorities believe there may be other victims. Anyone with information about potential additional victims is asked to contact the FBI at 713-693-5000.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Former Tucson Man Sentenced to 33 Months for Tax EvasionRead the Press Release
TUCSON, Ariz. – On Tuesday, Van Raymond Brollini, 71, a former resident of Tucson, Arizona, was sentenced by U.S. District Judge Cindy K. Jorgenson to 33 months in prison for evading payment of approximately $310,000 in federal tax owed to the government. Brollini was also ordered to pay $510,937.68 in restitution and approximately $6,000 in prosecution costs. Brollini was remanded into federal custody immediately after his sentence.
A federal jury had previously found Brollini guilty of tax evasion, corrupt interference with tax administration, and failure to file a tax return. The evidence presented at trial demonstrated that Brollini, a former engineer at National Semiconductor Corporation, evaded payment of taxes assessed by the Internal Revenue Service from 2002 through 2004, and failed to file a return as required by law for tax years 2006 through 2009.
The Internal Revenue Service Criminal Investigation conducted the investigation in this case. The Financial Crimes Unit of the U.S. Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-13-00574-CKJ-BGM
RELEASE NUMBER: 2020-100_Brollini# # #
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.Former Police Officer and Gangster Disciples Member Sentenced to PrisonRead the Press Release
A former DeKalb County, Georgia, police officer and member of the Gangster Disciples was sentenced to 15 years in prison followed by five years of supervised release for racketeering conspiracy involving murder, announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and U.S. Attorney Byung J. “BJay” Pak of the Northern District of Georgia.
Vancito Gumbs, 28, of Stone Mountain, Georgia, claimed to be a “hitman” for the Gangster Disciples while at the same time serving as a police officer. Evidence showed that Gumbs relayed sensitive law enforcement information to the gang and provided a firearm to a fellow gang member.
According to the charges and other information presented in court, the Gangster Disciples are a national gang with roots in Chicago dating back to the 1970s. The gang is highly structured, with a hierarchy of leadership positions known as “Positions of Authority” or “POAs.” The gang strictly enforces rules for its members, the most important of which is “Silence and Secrecy” – a prohibition on cooperating with law enforcement. Violations of the rule are punishable by death.
Evidence at trial showed that the Gangster Disciples were responsible for 24 shootings from 2011 through 2015, including 12 murders. Gumbs, who had been photographed flashing a hand sign used by the Gangster Disciples, was a self-professed “hitman” for the gang while serving as a police officer. While he was employed as a DeKalb County police officer, federal agents captured Gumbs on recorded phone calls with the “Chief Enforcer” for the Georgia Gangster Disciples. Evidence showed that during these calls, Gumbs relayed law enforcement information to the gang and provided a firearm to a fellow gang member. On later calls, the Chief Enforcer noted that he had Gangster Disciples police officers at his disposal.
Among other criminal activity, the Gangster Disciples engaged in the commission of murders. The jury found that Gumbs joined or remained in the racketeering conspiracy while knowing and agreeing that the gang engaged in murder.
This case was investigated by the FBI, Atlanta Police Department, and DeKalb County Police Department.
Principal Deputy Chief Kim S. Dammers of the Criminal Division’s Organized Crime and Gang Section (OCGS), Assistant U.S. Attorneys Ryan K. Buchanan, Deputy Chief of the Violent Crime and National Security Section, Erin N. Spritzer of the Northern District of Georgia, and Trial Attorney Conor Mulroe of OCGS prosecuted the case.
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.
Former Harvard Fencing Coach and Maryland Businessman Charged with BriberyRead the Press Release
BOSTON – The former fencing coach at Harvard College and a Maryland businessman were arrested today and charged with conspiring to secure the admission of the businessman’s two sons to Harvard in exchange for bribes totaling more than $1.5 million.
Peter Brand, 67, of Cambridge, Mass., and Jie “Jack” Zhao, 61, of Potomac, Md., were charged by criminal complaint with conspiracy to commit federal programs bribery. Brand will make an initial appearance at 2:00 pm in federal court in Boston. Zhao will make initial appearance today in federal court in Greenbelt, Md.
“This case is part of our long-standing effort to expose and deter corruption in college admissions,” said United States Attorney Andrew E. Lelling. “Millions of teenagers strive for college admission every year. We will do our part to make that playing field as level as we possibly can.”
“Today’s arrests show how Peter Brand’s and Jie Zhao’s plan to circumvent the college admissions process ended up backfiring on both of them. Now they are accused of exchanging more than $1.5 million in bribes for their own personal benefit,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The FBI will continue to work hard to identify others like them who are cheating the millions of kids laser-focused on getting into schools the right way.”
“As alleged, Peter Brand and Jie Zhao conspired in a scheme to secure the admission of Zhao’s two sons to Harvard College by recruiting them to join the men’s fencing team. The actions of both Brand and Zhao created an unfair playing field,” said Acting Special Agent in Charge Joleen Simpson of the Internal Revenue Service - Criminal Investigation Division. “I hope that the announcement of today’s charges against Brand and Zhao demonstrates to others that cheating to gain an unfair advantage will not be tolerated.”
According to the charging documents, Brand, the former head coach of men’s and women’s fencing at Harvard, conspired with Zhao, the chief executive of a telecommunications company, to facilitate the admission of Zhao’s sons to Harvard by recruiting them to join the men’s fencing team in exchange for money.
It is alleged that in or about May 2012, Brand told a co-conspirator, “Jack doesn’t need to take me anywhere and his boys don’t have to be great fencers. All I need is a good incentive to recruit them[.] You can tell him that[.]” In February 2013, as part of the alleged scheme, Zhao made a purported donation of $1 million to a fencing charity operated by a co-conspirator. Zhao’s older son was admitted to Harvard as a fencing recruit in December 2013, and matriculated in the fall of 2014. Shortly thereafter, the charity passed $100,000 on to the Peter Brand Foundation, a charitable entity established by Brand and his spouse. Thereafter, Zhao began making payments to, or for the benefit of, Brand.
In total, Zhao made $1.5 million in payments to Brand, or for Brand’s personal benefit, even as Brand recruited Zhao’s younger son to the Harvard fencing team. Zhao allegedly paid for Brand’s car, made college tuition payments for Brand’s son, paid the mortgage on Brand’s Needham residence, and later purchased the residence for well above its market value, thus allowing Brand to purchase a more expensive residence in Cambridge that Zhao then paid to renovate. Zhao’s younger son matriculated to Harvard in 2017. The complaint alleges that Brand did not disclose the payments to Harvard when recruiting Zhao’s sons.
The charge of conspiracy to commit federal programs bribery provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S Attorney Lelling, FBI SAC Bonavolonta, and IRS-CI Acting SAC Simpson made the announcement today. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former DeKalb County police officer and Gangster Disciples member sentenced to prisonRead the Press Release
ATLANTA - Vancito Gumbs, a former DeKalb County police officer and member of the Gangster Disciples, has been sentenced for racketeering conspiracy involving murder.
“Vancito Gumbs moonlighted as a member of the Gangster Disciples while serving as a DeKalb County Police Officer,” said U.S. Attorney Byung J. “BJay” Pak. “His brazen disregard for his sworn duty as a police officer, betrayal of the public’s trust, and disregard for human life warrants the significant sentence he received in this case.”
“It is reprehensible for a law enforcement officer sworn to serve and protect the public to instead serve a ruthless gang that has preyed upon, and threatened the well-being of the good people in his community,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Because of the efforts of the FBI's Safe Streets Gang Task Force and its state and local partners, our community is safer and Gumbs is no longer a part of it.”
“No one is above the law and this sentencing demonstrates that everyone is held accountable for their actions even if they wear a badge,” said DeKalb Police Chief Mirtha V. Ramos.
According to U.S. Attorney Pak, the charges and other information presented in court: The Gangster Disciples are a national gang with roots in Chicago dating back to the 1970s. The gang is highly structured, with a hierarchy of leadership posts known as “Positions of Authority” or “POAs.” The gang strictly enforces rules for its members, the most important of which is “Silence and Secrecy” – a prohibition on cooperating with law enforcement. Violations of the rule are punishable by death. Evidence at trial showed that the Gangster Disciples were responsible for twenty-four shootings from 2011 through 2015, including twelve murders.
Gumbs, who had been photographed flashing a hand sign used by the Gangster Disciples, was a self-professed “hitman” for the gang while serving as a police officer. While he was employed as a DeKalb County Police Officer, federal agents captured Gumbs on recorded phone calls with the “Chief Enforcer” for the Georgia Gangster Disciples. Evidence showed that during these calls, Gumbs relayed law enforcement information to the gang and provided a firearm to a fellow gang member. On later calls, the Chief Enforcer noted that he had Gangster Disciples police officers at his disposal.
Vancito Gumbs, 28, of Stone Mountain, Georgia, was sentenced to 15 years of imprisonment, followed by five years of supervised release. Gumbs was convicted on May 16, 2019, of the offense of RICO conspiracy following a jury trial.
This case was investigated by the Federal Bureau of Investigation, Atlanta Police Department, and DeKalb County Police Department.
Kim S. Dammers, Principal Deputy Chief of the Department of Justice Criminal Division’s Organized Crime and Gang Section, Assistant U.S. Attorneys Ryan K. Buchanan, Deputy Chief of the Violent Crime and National Security Section, and Erin N. Spritzer of the Northern District of Georgia, and Department of Justice Trial Attorney Conor Mulroe of the Criminal Division’s Organized Crime and Gang Section prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former Corrections Officer and Federal Detainee Indicted for Bribery Conspiracy Involving Contraband Cellphones Smuggled into the Indiana County JailRead the Press Release
PITTSBURGH, PA - A former resident of Home, Pennsylvania, and a federal detainee housed at the Indiana County Jail (ICJ) have been indicted by a federal grand jury in Pittsburgh on charges related to a bribery conspiracy involving smuggled contraband cellphones, United States Attorney Scott W. Brady announced today.
The five-count Indictment, returned on November 13 and unsealed today, charges Alex Lewis, 25, and Rashon Richardson, 30, with conspiracy to commit bribery, bribery of a public official, and use of a facility in interstate commerce in aid of bribery. Lewis is also charged with extortion under color of official right.
According to the Indictment, between June and August 2019, Lewis accepted multiple bribes from Rashon Richardson, while Lewis was employed as a corrections officer and Richardson was a federal detainee housed at ICJ pursuant to a contract with the United States Marshals Service. As part of the conspiracy, the Indictment alleges Richardson used an intermediary outside ICJ to meet with Lewis and pay bribes in the form of cash and, on one occasion, via a $400 payment to Lewis’s Cash App account. In return for the bribe payments, Lewis allegedly smuggled multiple contraband cellphones into ICJ for use by Richardson and other federal detainees housed at the facility.
The law provides for a maximum sentence of not more than five years in prison for the conspiracy charge, 15 years for the bribery charges, 20 years for the extortion under color of official right charge, and five years for the use of facilities in interstate commerce in aid of bribery charge. The maximum fine per count in this case is $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant United States Attorney Eric G. Olshan is prosecuting this case on behalf of the government. The Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case. The Pennsylvania State Police and Indiana County Jail also provided assistance during the course of the investigation.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former CEO of Crown Bank Sentenced to Prison for Fraud and Tax OffensesRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of PETER EARL DAHL, 54, to a year and a day in prison for wire fraud and filing a false income tax return. DAHL, who pleaded guilty on July 20, 2020, was sentenced on November 16, 2020 before Senior U.S. District Judge Susan Richard Nelson in St. Paul, Minnesota.
According to his guilty plea and documents filed in court, while President and CEO of Minneapolis-based Crown Bank (“Crown”) from 2015 to 2017, DAHL engaged in a scheme to defraud the bank and several individuals. DAHL conducted transactions involving funds and credits of Crown for his own purposes and without permission of the bank’s board or shareholders and without notice to or approval of state and federal regulatory agencies. DAHL used various Crown accounts to cover his personal debts and expenditures and repeatedly kited obligations within accounts of Crown and between accounts at Crown and other banks. In connection with many such transactions, DAHL understood that records would be created at Crown. On many occasions DAHL made and caused to be made false entries in Crown’s records, either because records were created in accounts that did not legitimately belong to DAHL, or because a false entry had to be made in a record to cause funds to be released for the benefit of DAHL.
According to his guilty plea and documents filed in court, DAHL also defrauded prospective investors in Crown Bank’s holding company, Crown Bankshares. To entice investors to buy shares, DAHL made misrepresentations of material fact and concealed material facts from investors. For example, in March 2017 and later, DAHL represented to prospective investors that a merger with or acquisition by another bank was “imminent,” and that he was negotiating for the other bank to purchase Crown. DAHL specified a per-share premium of 25 percent to be received by investors and that he would remain with the surviving entity in a controlling management capacity. In reality, no merger was likely.
According to his guilty plea and documents filed in court, during this same period, DAHL knew that he was under scrutiny by the Federal Deposit Insurance Corporation (“FDIC”). DAHL did not disclose this material information when telling investors that he would remain in his position within the new entity. Prospective investors paid hundreds of thousands of dollars to purchase bank stock based on the misrepresentations.
According to his guilty plea and documents filed in court, another aspect of the fraud involved DAHL arranging loans from individuals which were falsely described as loans to third parties, but with the funds actually going to DAHL. DAHL forged the signatures of at least two bank customers to obtain such loans for his personal use. DAHL also failed to disclose on his 2016 federal tax return the income obtained from the transactions, resulting in a loss to the IRS of more than $250,000.
As part of the case, DAHL was ordered to pay restitution and to forfeit $40,000 he had paid to the United States Marshals Service ostensibly to purchase Crown Bankshares stock that had been seized in the prosecution of Tom Petters.
This case is the result of an investigation conducted by the FBI, IRS – Criminal Investigation, the Office of Inspector General for the Federal Reserve Board, and the Office of Inspector General for the Federal Deposit Insurance Corporation.
This case was prosecuted by Assistant U.S. Attorney Robert Lewis.
Defendant Information:
PETER EARL DAHL, 54
Edina, Minn.
Convicted:
- Wire fraud, 1 count
- False income tax return, 1 count
Sentenced:
- A year and a day in prison
- Two years of supervised release
- Restitution of at least $468,799
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United States Attorney’s Office, District of Minnesota: (612) 664-5600