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10 November 2020
Rapid City Man Indicted for Second Degree Murder and Using Firearm During Crime of ViolenceRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder and Using and Carrying a Firearm During and in Relation to a Crime of Violence.
Joshua Walking Eagle, age 31, was indicted on September 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 5, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 29, 2020, in Rosebud, South Dakota, Walking Eagle killed a man by shooting him with a shotgun.
The charges are merely accusations and Walking Eagle is presumed innocent until and unless proven guilty.
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.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Walking Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for January 5, 2021.
Quincy Real Estate Broker Indicted for Real Estate Deposit ScamRead the Press Release
BOSTON – A Quincy real estate broker was charged today for his role in a scheme to falsely market properties that were not for sale, or had already been sold, to steal real estate deposits.
Michael P. Flavin, 38, was charged with two counts of wire fraud and two counts of aggravated identity theft.
The indictment alleges that between 2017 and April 2020, Flavin solicited deposits on real estate transactions by marketing numerous real estate properties that were not actually for sale. In each case, Flavin executed purchase and sale agreements and received deposit checks from or on behalf of the potential buyers, even though the actual owners of the properties had not agreed to sell them, or to sell them to those buyers. Flavin forged the signatures of the sellers on the purported purchase and sale agreements. All told, Flavin allegedly cashed more than 60 deposit checks totaling approximately $1.8 million.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutive to any other sentence imposed, up to one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
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.
Peach Springs Man Sentenced to Prison for Assault with a Dangerous WeaponRead the Press Release
PHOENIX, Ariz. – Yesterday, Michael Gilbert Butler, Sr., 45, of Peach Springs, Arizona, was sentenced by Chief U.S. District Judge G. Murray Snow to 84 months in federal prison, followed by three years of supervised release. Butler previously pleaded guilty to assault with a dangerous weapon.
On August 26, 2018, Butler stabbed the victim, causing serious bodily injuries. Butler, a member of the Hualapai Indian Tribe, committed the assault on the Hualapai Indian Reservation. The victim is a member of the Navajo Nation.
The Federal Bureau of Investigation and the Hualapai Nation Police Department conducted the investigation in this case. Assistant United States Attorney Christina J. Reid-Moore, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-18-08147-PCT-GMS
RELEASE NUMBER: 2020-098_Butler# # #
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.Parkersburg Man Sentenced on Escape ChargeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that Sean Anthony Nalle, 35, of Parkersburg, was sentenced to six months in federal prison for walking away from a halfway house earlier this year. The six month term of imprisonment is to run consecutively to Nalle’s 2015 federal sentence.
“Never a good idea,” said United States Attorney Mike Stuart. “Walking away from a halfway house only gets you more time in federal prison.”
Nalle previously pled guilty and admitted that in February 2020, he left Dismas Charities, Inc., a Bureau of Prisons residential reentry facility, without permission and did not return. He had been confined at Dismas because of a previous federal gun crime conviction.
The U.S. Marshals Service conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Negar Kordestani handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00089.
Follow us on Twitter: SDWVNews and USAttyStuart
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Online fraudster sentenced to prison for $700K “spoof” email scheme and moreRead the Press Release
HOUSTON – A 65-year-old man has been ordered to federal prison after he admitted to conspiring to commit money laundering for his role in a complex email fraud scheme, announced U.S. Attorney Ryan K. Patrick.
Kenenty Kim aka Myung Kim, of Firecrest, Washington, pleaded guilty June 2.
Today, U.S. District Judge George C. Hanks handed Kim a 108-month sentence to be immediately followed by three years of supervised release. He was further ordered to pay restitution of $745,540.70. At the hearing, the court heard additional testimony from witnesses describing the harm Kim’s actions caused to them. One described not only the harm caused to his company financially, but also the toll on his employees, relationships with other victims and effects on his and his workers’ personal lives. An attorney described the effect that this scheme had on his practice and noted how much more damaging this crime is for a sole practitioner such as himself rather than a large-sized firm.
In handing down the sentence, the court called Kim was a “fraudster” and a “con man.” Judge Hanks stated he did not believe Kim was sincere in his apology to the victims and only sorry for being caught.
“Business email compromise (BEC) is a pervasive threat and one of the most financially damaging online crimes,” said FBI Special Agent in Charge Perrye K. Turner. “It exploits the fact that so many of us rely on email to conduct business—both personal and professional. In this case, one of the victim companies notified law enforcement and the FBI was able to unmask Kim and put an end to his years-long theft and fraud.”
Kim engaged in a business email compromise scheme using “spoof” email addresses which have similar names to legitimate email accounts he hacked. He would then use the addresses to create fictitious transactions or to hijack legitimate transactions to convince a victim company or individual to send funds to a bank account Kim actually controlled.
For example, Kim created a spoof email account for a Pinehurst-based construction company. He then used that account to convince another company, based in Huntsville, to send over $200,000 to them. In reality, the account where they sent the funds was actually an account Kim controlled. He then took that money and moved it through several different bank accounts before placing it in an offshore account.
Kim also engaged in the same conduct against the parent company of several major appliance companies. Kim created a spoof account of one of its vendors and used it to convince the company to send more than $300,000 to what it thought was a vendor. The account was actually set up for a different shell company Kim created with a similar name. Again, Kim took that money and eventually placed it in an offshore account.
The court had also heard about Kim’s numerous credit card fraud and other schemes. In some of those, Kim created a system to process credit card payments. He would then obtain a victim’s personal identifying information and charge over $10,000 on their credit cards. Kim also had 36 different credit cards in a variety of names, four different Social Security numbers, two dates of birth, 11 different overlapping addresses and a prior real estate license suspension for engaging in fraud.
Another spoof email scheme victimized a medical device company for which Kim used an address at a Washington hotel known as a “drug den.” In yet another scheme, Kim promised to make individuals a million dollars flipping houses when, in fact, the houses he listed were not even for sale.
Kim acknowledged he gained over $700,000 from his various fraud schemes.
Kim has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation. Assistant U.S. Attorney Adam Laurence Goldman prosecuted the case.
Oklahoma Woman Sentenced on Meth ConvictionRead the Press Release
United States Attorney Ron Parsons announced that a Lawton, Oklahoma, woman convicted of Possession of a Controlled Substance was sentenced on November 5, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Jessi Barrera, age 34, was sentenced to time served equaling 150 days in tribal custody and 17 days in federal custody, one year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Barrera was indicted by a federal grand jury on March 9, 2020. She pled guilty on November 5, 2020.
The conviction stemmed from an incident that occurred on May 7, 2019, wherein Barrera was involved in a traffic stop in a rural area on the Rosebud Indian Reservation. Officers searched the vehicle and recovered a scale, pipes, baggies, butane fluid and butane torch, rolling papers, a marijuana grinder, syringes and a small amount of methamphetamine.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
New York Man Admits Illegal Sale of Unregistered Pesticide Imported from Nigeria to Individuals Throughout United StatesRead the Press Release
NEWARK, N.J. – A New York man today admitted to knowingly distributing and selling to individuals throughout the United States an unregistered pesticide imported from Nigeria, U.S Attorney Craig Carpenito, announced.
Jude Chukwuebuka Amadike, 62, of Elmont, New York, pleaded guilty before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court to an information charging him with one count of knowingly distributing or selling an unregistered pesticide in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
According to court documents filed in this case and statements made in court:
FIFRA provides for federal regulation of pesticide distribution, sale, and use to ensure that pesticides sold in the United States are safe, effective, and bear labeling containing true and accurate information. The Environmental Protection Agency (EPA) has responsibility under FIFRA to regulate the manufacture, labeling, and distribution of all pesticides shipped or received in interstate commerce. All pesticides must be registered with the EPA before the pesticide can be sold or distributed, and no person may distribute or sell a pesticide that has not been registered with the EPA.
From Sept. 15, 2016, through Nov. 14, 2018, Amadike sold an unregistered pesticide called Sniper DDVP on Amazon and eBay to customers in at least 22 states, including New Jersey. The investigation into these sales revealed that the defendant procured this pesticide by importing it from a Nigerian supplier. One such purchase in December 2017 revealed an import of approximately 798 pounds of Sniper DDVP.
On Nov.14, 2018, law enforcement executed a search warrant at the Amadike’s home and recovered 1,728 bottles of the unregistered pesticide. Laboratory testing of samples taken from these bottles revealed each sampled bottle to contain the chemical dichlorvos, which has been classified by EPA as a probable human carcinogen.
The illegal sale of an unregistered pesticide carries a statutory maximum prison sentence of one year and a fine of up to $25,000. Sentencing is scheduled for March 16, 2021.
U.S. Attorney Carpenito credited special agents of the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent in Charge Tyler C. Amon; special agents of the U.S. Department of Homeland Security, Homeland Security Investigations, New Jersey Division, under the direction of Special Agent in Charge Jason J. Molina; and officers of U.S. Customs and Border Protection, under the direction of Troy Miller, Director of Field Operations, New York Field Office, with the investigation leading to today’s guilty plea.
The government is represented by Special Assistant U.S. Attorney Jason P. Garelick of the U.S. Attorney's Government Fraud Unit in Newark.
New Jersey man admits to role in drug conspiracyRead the Press Release
MARTINSBURG, WEST VIRGINIA – Kyle Flack, of Camden, New Jersey, has admitted to his role in a drug conspiracy that spanned several states, U.S. Attorney Bill Powell announced.
Flack, 37, pled guilty today to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Heroin and Fentanyl.” Flack admitted to working with others to distribute heroin, fentanyl from June to November 2019 in Berkeley and Jefferson Counties and elsewhere.
Flack faces up to 20 years of incarceration and a fine of up to $1,000,000. 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.
This case is the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
OCDETF 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.
Assistant U.S. Attorney Lara Omps-Botteicher and Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, are prosecuting the case on behalf of the government. The FBI; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms & Explosives; and the Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.Nebraska Man Indicted for Assault and Commission of a Crime of Violence While Failing to Register as Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Lincoln, Nebraska, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Failure to Register as a Sex Offender, and Commission of a Crime of Violence While Failing to Register as a Sex Offender.
Dwaine Walter Little Elk, age 35, was indicted on August 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 5, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of five up to thirty years in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 20, 2020, in Todd County, South Dakota, Little Elk assaulted an individual with a bat with the intent to do bodily harm. The Indictment further alleges, the following day, on June 21, 2020, Little Elk assaulted another individual with a sharp-edged instrument with the intent to do bodily harm, and that the assault resulted in serious bodily injury.
Little Elk was convicted of Attempted 1st Degree Assault of a Child in April 2008. As a result of this conviction, Little Elk is classified as a Tier III Sex Offender and is required to register as a sex offender for the remainder of his natural life. As a result, the Indictment alleges that between June 17, 2020, and August 11, 2020, Little Elk failed to properly register as a sex offender and update his registration, and that he committed the assaults while failing to register as a sex offender.
The charges are merely accusations and Little Elk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Little Elk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Multiple defendants indicted on charges including illegal firearms possession in continuation of collaborative law enforcement strategyRead the Press Release
SAVANNAH, GA: Twelve defendants face federal felony charges related to illegal firearms possession after their indictments by a grand jury in U.S. District Court for the Southern District of Georgia.
Those charged include multiple convicted felons, many of them on state probation for previous weapons or drug charges. The cases are investigated under the umbrella of Project Guardian, the Department of Justice initiative targeting illegal firearms, and in coordination with the Bureau of Alcohol, Firearms, Tobacco and Explosives (ATF).
“Our office continues to hammer home a message that we will not tolerate illegal firearms possession, particularly by convicted felons, drug traffickers and gang members,” said U.S. Attorney Bobby L. Christine. “In collaboration with the ATF and other law enforcement partners, we will work to make our communities safer.”
Those named in federal indictments from the November term of the U.S. District Court grand jury include:
- Marcus Joseph Everett, 42, of Augusta, charged with Possession with Intent to Distribute Cocaine; Possession of Firearms in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon. Everett was charged May 8, 2020, after Richmond County Sheriff’s investigators found cocaine, marijuana and two pistols during a search of his apartment.
- Matthew Kyle Brazell, 33, of Grovetown, Ga., charged with Possession of Methamphetamine; Possession of a Firearm by an Illegal Drug User; and Possession of a Firearm by a Prohibited Person, a charge resulting from Brazell’s prior conviction on a crime of domestic violence. Brazell was charged after a traffic stop June 30, 2020, when Grovetown Department of Public Safety officers found drugs and a firearm in his vehicle.
- Joe Lewis Hills, a/k/a “Polo,” a/k/a “David Owens,” 32, and Edward Albert Brown, 28, both of Augusta. Hills is charged with Possession with Intent to Distribute Methamphetamine, Heroin, and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon, while Brown is charged with Possession of Methamphetamine and Marijuana, and Possession of a Firearm by a Person Under Indictment. Both were arrested July 29, 2019, after Richmond County Sheriff’s investigators searched their vehicle and a hotel room rented to Hills and found drugs, two pistols and an AR-15 rifle.
- Nasir Perez, 18, of Orlando, Fla., charged with Possession with Intent to Distribute Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by an Illegal Drug User. Georgia State Patrol troopers stopped Perez for driving more than 100 mph at about 2 a.m. July 22, 2020, while northbound on I-95 in Pooler, Ga. While searching Perez’s vehicle, troopers found drugs and drug sales paraphernalia, five pistols, more than 1,000 bullets, more than $3,300 in cash, and a bullet-proof vest.
- Jervario Melton, 28, of Kingsland, Ga., charged with Possession of a Firearm by a Convicted Felon. Melton was found in possession of a firearm during an Aug. 28, 2020, traffic stop by Port Wentworth police.
- Michael Alvin Jackson, 43, of Savannah, charged with Possession of a Firearm by a Convicted Felon. Jackson was charged Aug. 11, 2019, when a pistol fell from his waistband as he fled from Savannah Police officers.
- Curtavious Bonner, 29, of Thomson, Ga., charged with Possession of a Firearm by a Convicted Felon. Bonner was charged July 17, 2019, when Thomson Police officers checking on suspicious activity outside a residence found two pistols in Bonner’s vehicle.
- Dequan Beniman, 26, of Savannah, charged with Possession of a Firearm by a Convicted Felon. Savannah Police officers investigating a disturbance at a grocery store arrested Beniman after a brief foot chase and found two pistols in his possession.
- Cameron Wills, 27, of Claxton, Ga., charged with Possession of a Firearm by a Convicted Felon. Wills was charged June 20, 2020, when Evans County Sheriff’s deputies and Claxton Police officers investigating a domestic disturbance at Wills’ residence heard a gunshot and found him in the yard holding a pistol.
- Tyron Newman, 38, of Savannah, charged with Possession of a Firearm by a Convicted Felon. He was charged Oct. 30, 2019, by Chatham County Police officers.
- Bryant Young, 25, of Savannah, charged with Possession of a Firearm by a Convicted Felon. He was arrested July 16, 2019, by Savannah Police officers responding to a report of a man with a firearm
“Gun violence has negatively impacted the lives of far too many people in the Southern District of Georgia,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the ATF. “This type of violence is more likely to happen when guns are in the hands of individuals willing to obtain and/or use them illegally. This inter-agency collaboration and the resulting arrests go a long way to toward addressing gun violence by removing from our streets firearms and those willing to obtain them illegally and potentially use them.”
Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty.
Two additional defendants have been sentenced to federal prison terms for crimes including illegal firearms possession.
- Raphael Smith, 26, of Savannah, was sentenced to 110 months in federal prison followed by three years of supervised release after pleading guilty to Possession of a Firearm by a Convicted Felon. Smith, a member of the Gangster Disciples criminal street gang who had two pistols in his possession, was arrested Sept. 2, 2019, during a traffic stop by Port Wentworth Police officers, and subsequently charged in regard to a Savannah Police Department investigation several days earlier in which Smith was suspected of firing shots into a man’s residence. At the time of his arrest, Smith was on state probation after his release from a prison sentence on charges of robbery, aggravated assault and possession of a firearm during the commission of a crime.
- Devonte Brown, 28, of Augusta, was sentenced to 60 months in federal prison followed by supervised release after pleading guilty to Possession of a Firearm by a Convicted Felon. Brown, a member of the Bolt Drive Alley Boyz criminal street gang, was arrested Dec. 4, 2019, during a traffic stop when Richmond County Sheriff’s deputies found him in possession of a pistol. Brown has multiple prior felony convictions including charges involving drugs and firearms.
- Phillip Dayan Burke, 23, of Savannah, was sentenced to 30 months in prison followed by three years of supervised release after pleading guilty to Receipt of a Firearm by a Person Under Indictment. Burke was arrested July 24, 2019, when Savannah Police officers found a pistol in his waistband during a traffic stop. Burke at the time was under indictment on state charges for fleeing or attempting to elude police, possession of a firearm during commission of a felony, and possession of a weapon in a school zone. Those charges are pending.
These Project Guardian cases also are investigated under the Prosecutor to Prosecutor Program (P3), in which federal and state prosecutors collaborate to determine the most appropriate venue for prosecuting crimes.
In addition to the ATF, agencies investigating the cases include the Georgia Department of Community Supervision; the Georgia State Patrol; the Savannah Police Department; the Richmond County Sheriff’s Office; the Evans County Sheriff’s Office; the Claxton Police Department; the Port Wentworth Police Department; the Grovetown Department of Public Safety; the Pooler Police Department; and the Thomson Police Department.
The cases are being investigated for the United States by Southern District U.S. Attorney’s Office Assistant U.S. Attorneys, including Project Guardian Coordinator Henry W. Syms; Alejandro V. Pascual IV; Jennifer G. Solari; Joshua Bearden; Jennifer Stanley; Steven Lee; Jennifer Kirkland; Joseph McCool; John P. Harper III; and Special Assistant U.S. Attorney Darron Hubbard.
Under federal law, it is illegal to possess a firearm if you fall into one of nine prohibited categories including being a felon; illegal alien; or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime. It is also illegal to purchase – or even to attempt to purchase – firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, also is a federal offense.
For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473.
Monroe County Man Sentenced to 10 Years’ Imprisonment for Possessing Child PornographyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jonathan Brownlee, age 42, of Long Pond, Pennsylvania, was sentenced to 10 years’ imprisonment on November 5, 2020, by U.S. District Court Judge Malachy E. Mannion for possessing child pornography.
According to United States Attorney David J. Freed, Brownlee previously pleaded guilty to using cell phones and laptop computers to access images and videos of child pornography. Brownlee committed the offense between August 2017 and April 2018, in Monroe County. Brownlee committed the offense after having previously been convicted of receiving and distributing child pornography in 2012.
Judge Mannion also ordered Brownlee to serve 10 years on supervised release following his prison sentence, undergo sex offender treatment, and to comply with the Sex Offender Registration and Notification Act.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Mitchell Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Mitchell, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on November 5, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
John Willard Arcoren, III, age 40, was sentenced to eight months in federal prison, followed by eight months of home confinement, two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Arcoren was indicted by a federal grand jury on July 16, 2020. He pled guilty on August 31, 2020.
The conviction stemmed from an incident that occurred on May 14, 2020, when Arcoren did forcibly assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, and that such conduct involved physical contact.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Arcoren was immediately turned over to the custody of the U.S. Marshals Service.
Miami Couple Charged in $3.3M Scheme to Defraud Verizon WirelessRead the Press Release
PITTSBURGH – A couple from Miami, Florida, has been indicted by a federal grand jury on charges of conspiracy to commit wire fraud and conspiracy to commit money laundering, United States Attorney Scott W. Brady announced today.
The two-count Indictment, returned on September 23, 2020, named Samuel T. Johnson, 31, and Daphne Debrosse, 30, as defendants.
According to the Indictment and information presented to the court, Johnson, Debrosse, and others conspired to defraud Verizon Wireless by fraudulently obtaining new, in-box cellular devices and reselling them on the illicit market. Through various means, Johnson was able to compromise existing Verizon accounts and charge the various devices to them. Johnson also created fraudulent accounts and charged devices to those as well. Afterwards, Johnson, Debrosse, and other others would retrieve the purloined devices from various Apple Stores and other third-party vendors, located throughout the United States. Johnson, Debrosse, and others would then resell them.
According to information presented in court, the conspiracy illegally obtained approximately 2,941 devices worth approximately $3,398,394.21. The devices were purchased in the names of various aliases. When law enforcement executed a search warrant at the apartment Johnson and Debrosse shared, they recovered currency totaling $619,184.00, which was seized. Law enforcement also initiated forfeiture proceedings against a 2019 Lamborghini Urus that Johnson had purchased on the grounds that it had been bought with illegal proceeds. The court also received information that Johnson and Debrosse conspired to commit money laundering by depositing the fraud proceeds into 13 different bank accounts. Between January 2017 and April 2019, a total of $813,227.59 was deposited into the accounts. Johnson used some this money to further the wire fraud conspiracy to pay for traveling expenses when he retrieved the illegally obtained cellular devices. The court received information that Johnson traveled to 21 different states during the conspiracy’s existence to obtain the phones.
At the conclusion of a detention hearing held on November 5, 2020, Chief United States Magistrate Judge John J. O’Sullivan in the Southern District of Florida ruled that Johnson was to be detained pending trial on the grounds that he constituted a flight risk
The law provides for a maximum total sentence of 40 years in prison, a fine of $6,796,788.00 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Michael Leo Ivory is prosecuting this case on behalf of the government.
The Internal Revenue Service – Criminal Investigation and Homeland Security Investigations, with the assistance of Verizon Global Corporate Security Solutions and Apple Global Security Loss Prevention, conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Meadville Resident Indicted on Child Sexual Exploitation OffensesRead the Press Release
ERIE, Pa. - A former resident of Meadville, Pennsylvania, has been indicted by a federal grand jury in Erie on charges of violating federal laws relating to the sexual exploitation of children, United States Attorney Scott W. Brady announced today.
The three-count Indictment named Nathan L. Troup, 40, as the sole defendant.
According to the Indictment presented to the court, Troup attempted to induce, entice and persuade an undercover investigator posing as a fifteen year old male to engage in illegal sexual activity and then traveled to Ohio for the purpose of meeting the purported fifteen year old for illegal sexual activity. Troup also sent pictures of his exposed penis to the undercover investigator posing as a fifteen year old.
The law provides for a maximum total sentence of life imprisonment, a fine of $750,000, or both. 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 defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Homeland Security Investigations, the Ohio Internet Crimes Against Children (ICAC) Task Force, and the Cuyahoga County Prosecutor’s Office conducted the investigation leading to the Indictment in this case. This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Managers of Queens Business Charged with Selling Ineffective Covid-19 Air SanitizerRead the Press Release
This afternoon, in federal court in Brooklyn, Po Shan Wong and Zhen Wu of JCD Distribution Inc. (JCD) will make their initial appearances before United States Magistrate Judge Sanket J. Bulsara on a criminal complaint charging the defendants with selling “Virus Shut Out Cards,” which they marketed as air sanitizers designed to kill the novel coronavirus (COVID-19), but which have not been demonstrated to be effective in treating or preventing the virus. Specifically, the defendants are charged with conspiring to distribute and sell one or more pesticides that are not registered with the United States Environmental Protection Agency (EPA) and that are adulterated or misbranded. The defendants surrendered to authorities this morning.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS), and Tyler Amon, Special Agent-in-Charge, United States.Environmental Protection Agency, New York Region (EPA), announced the arrests.
As alleged in the complaint, between May 2020 and July 2020, Po Shan Wong served as the General Manager, and Zhen Wu served as Sales Manager at JCD which maintained a business address in College Point, Queens. During that time, the defendants and JCD advertised “Virus Shut Out Cards” on the company’s website and Facebook page, and marketed and sold these products to customers by phone, making various untested claims regarding the effectiveness of the cards. For example, JCD’s Facebook page claimed that the cards emit chlorine dioxide and, thereby, serve as “portable space disinfection and sterilization cards” with a “sterilization rate at 99%.” In fact, chlorine dioxide—a gas—is a bleaching agent and a pesticide as defined by Federal Insecticide, Fungicide and Rodenticide Act.
JCD’s Facebook page also contained images that depicted a blue card, approximately the size of a credit card, being used by children and adults. For example, the images showed the blue card worn on a lanyard around a woman’s neck, hung from the lapel of a man’s suit jacket, hung from the pocket of a medical doctor’s white coat, attached to a boy’s backpack and a girl’s stroller, and attached to computer monitors. JCD’s Facebook page also claimed that the cards “replace masks.” JCD sold the cards in minimum quantities of 50, charging $9.50 per card.
Random samples of the “Virus Shut Out Cards” were tested by the EPA’s National Enforcement Investigations Center and found to contain sodium chlorite in amounts sufficient to convert into chlorine dioxide when exposed to the water vapor and carbon dioxide in the air. Breathing air with sufficiently high concentrations of chlorine dioxide may cause difficulty breathing, irritation in the nose, throat and lungs, shortness of breath, chronic bronchitis and other respiratory problems.
“The brazenly false claims allegedly promoted by the defendants about their product potentially endangered the public not only by claiming to protect against the Covid-19 virus, but also by exposing users to the health hazard posed by a misbranded pesticide,” stated Acting U.S. Attorney DuCharme. “The Department of Justice is working closely with its law enforcement partners to protect the public from those who exploit the global pandemic to enrich themselves.”
“The COVID-19 pandemic has opened a flood gate of fraudsters whose only goal is to take advantage of the public with bogus and unsubstantiated claims of virus protection products, such as this one. Consumers should be skeptical of any device, elixir, lotion or potion claiming to prevent or cure COVID-19 because to date, there is no such product. Postal Inspectors are working hard to stop these fraudsters in their tracks,” stated USPIS Inspector-in- Charge Bartlett.
“American consumers continue to be at risk from the illegal sale of products making bogus claims about effectiveness against viruses,” stated EPA Special Agent-in-Charge Amon. “EPA and our law enforcement partners will continue focusing our efforts on stopping these illegal sales and holding criminal opportunists accountable for their actions. Consumers can help protect themselves by visiting epa.gov/coronavirus for a list of EPA approved disinfectant products.”
The charge in the complaint is an allegation, and the defendants are presumed innocent unless and until proven guilty. If convicted of the charge, they face up to one year in prison.
The government’s case is being handled by the Office’s General Crimes Section. Assistant United States Attorneys Frank A. Cavanagh and Rachel A. Bennek are in charge of the prosecution.
The Defendants:
PO SHAN WONG
Age: 55
Jericho, New YorkZHEN WU
Age: 35
Flushing, New YorkE.D.N.Y. Docket No. 20-MJ-1054
Man and Woman Plead Guilty to Drug Trafficking and Firearm CrimesRead the Press Release
ALEXANDRIA, Va. – A Stafford man and Herndon woman pleaded guilty today to charges arising from the recovery of a firearm and cocaine base, commonly known as crack cocaine, during the execution of a search warrant in Prince William County.
According to court documents, Christopher John Davis, Jr., 25, and Kenya Johnson, 25, conspired with each other and others to distribute cocaine base between June 2019 and October 2019. On Sept. 24, 2019, Davis and Johnson were together inside an apartment in Prince William County. At that time, Davis and Johnson possessed with intent to distribute approximately 7.2 grams of cocaine base and a firearm, which were recovered by law enforcement officers during the execution of a search warrant of the apartment.
Davis pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking crime. Johnson pleaded guilty to one count of conspiracy to distribute 28 grams or more of cocaine base.
Davis and Johnson are scheduled to be sentenced on March 31, 2021. Davis faces up to life in prison and a mandatory minimum of five years in prison. Johnson faces up to 40 years in prison and a mandatory minimum of five years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; and Jarad L. Phelps, Acting Chief of Prince William County Police, made the announcement after U.S. District Judge Anthony J. Trenga accepted the plea.
Assistant U.S. Attorneys Natasha Smalky and Cristina Stam are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-197.
Man Sentenced for Possessing Significant Quantities of Crack CocaineRead the Press Release
NORFOLK, Va. – A Norfolk man was sentenced today to 12 years in prison for possessing with the intent to distribute approximately 600 grams of crack cocaine.
According to court documents, Paul Cosmos Voskanyan, 35, had been wanted on felony warrants out of Virginia Beach since February 2018. In April 2019, members of the Virginia Beach Police Department tracked Voskanyan to a hotel in the City of Chesapeake. Chesapeake SWAT officers responded to assist with the arrest. Voskanyan eventually exited the hotel and made his way towards an unoccupied vehicle in the parking lot. Knowing his tendency to flee, officers moved in to take him into custody before he could enter the vehicle. Voskanyan tried to run and actively resisted their commands but was ultimately apprehended. Officers searched Voskanyan, a large duffel bag he had been carrying, and the vehicle he was about to enter. In total, law enforcement recovered approximately 630 grams of crack cocaine, $180,000 in cash, 16 grams of marijuana, 10 cell phones, and a Glock 17 firearm.
This case is part of Operation High Tide, a proactive, large-scale narcotics trafficking and firearms investigation that focused on high-impact targets driving crime in some of the hardest hit neighborhoods in Hampton Roads.
This case is also part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; Paul W. Neudigate, Chief of Virginia Beach Police; and Col. K.L. Wright, Chief of Chesapeake Police, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson.
Special Assistant U.S. Attorney Kristin Bird 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-170.
MS-13 Gang Members Charged with Multiple Violent CrimesRead the Press Release
ALEXANDRIA, Va. – A federal indictment was unsealed here today charging three MS-13 gang members for their roles in multiple violent crimes including a 2017 murder in Charlottesville and two 2019 attempted murders in Prince William County.
According to allegations in the indictment, Andy Tovar, 31, of White Post, was the First Word or leader of the Guanacos Lil Cycos Salvatruchas (GLCS) clique of MS-13, while Roberto Cruz Moreno, 20, of Woodbridge, was a pasa de homeboy or soldier in the GLCS clique, and Kevin Perez Sandoval, 22, of Warrenton, was an observacion or associate in the GLCS clique.
In July 2017, Tovar allegedly authorized members and associates of the GLCS clique to travel from Prince William County to Charlottesville to murder an individual the GLCS clique believed was a rival gang member. At Tovar’s direction, on or about July 3, 2017, four members of the GLCS clique stabbed Victim-1 to death over 140 times using knives and a machete before they dumped Victim-1’s body in a river, burned his car, and fled back to Prince William County.
In March 2019, Cruz Moreno allegedly picked up three other members or associates of GLCS and Victim-2 and drove them to an isolated wooded area in Bristow, where one associate of GLCS shot Victim-2 multiple times and another associate of GLCS stabbed Victim-2 because members and associates of GLCS believed Victim-2 was disrespecting MS-13. Following the attempted murder, Cruz Moreno fled the scene with the three other GLCS participants and drove them to his residence.
In April 2019, local law enforcement officers in Fairfax County allegedly found Cruz Moreno, an illegal alien, in possession of the same firearm used to shoot Victim-2, and several grams of packaged cocaine in his vehicle with three other associates of GLCS. Cruz Moreno obtained the cocaine from Tovar and had been selling the cocaine on behalf of the clique earlier that day.
In August 2019, members and associates of GLCS identified Victim-3 as a rival gang member living in GLCS controlled territory and Tovar allegedly authorized members and associates of GLCS to kill Victim-3. On Aug. 12, 2019, Perez Sandoval and two members or associates of GLCS observed Victim-3 at a laundromat in Manassas and sought Tovar’s permission to kill Victim-3 at the laundromat. After Tovar allegedly granted permission to conduct the killing at the laundromat, Perez Sandoval drove the two members or associates of MS-13 to retrieve a firearm, and back to the laundromat area where Victim-3 was shot before Perez Sandoval drove them from the scene of the shooting.
Name, Age
Hometown
Charges
Andy Tovar, 31
White Post
Counts 1, 2, 4, 5, 7, 9, 11
Roberto Cruz Moreno, 20
Woodbridge
Counts 1, 3, 5, 6, 8, 10, 12-14
Kevin Perez Sandoval, 22
Warrenton
Counts 1, 4, 7, 9, 11
Count
Charge
1
Conspiracy to Participate in a Racketeering Enterprise
2-4
Conspiracy to Commit Murder in Aid of Racketeering Activity
5
Conspiracy to Distribute Cocaine
6, 7
Attempted Murder in Aid of Racketeering Activity
8, 9
Assault with a Dangerous Weapon in Aid of Racketeering Activity
10, 11
Using and Discharging a Firearm During a Crime of Violence
12
Possession With Intent to Distribute Cocaine
13
Possession of a Firearm in Furtherance of a Drug Trafficking Crime
14
Possession of a Firearm by an Illegal Alien
Tovar, Cruz Moreno, and Perez Sandoval each face a mandatory minimum sentence of ten years and a maximum penalty of life in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; John J. Durham, Director of the Justice Department’s Joint Task Force Vulcan; Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C.; James A. Dawson, Special Agent in Charge of the FBI’s Washington Field Office Criminal Division; Ron L. Lantz, Chief of Albemarle County Police; Douglas W. Keen, Chief of Manassas City Police; Jarad L. Phelps, Acting Chief of Prince William County Police; Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police; Michael P. Kochis, Chief of Warrenton Police; and Robert P. Mosier, Fauquier County Sheriff, made the announcement.
This case was brought by the Eastern District of Virginia in coordination with JTFV. In August 2019, Attorney General William Barr created JTFV to carry out the recommendations of the MS-13 subcommittee formed under the Attorney General’s Transnational Organized Crime Task Force, which was the result of President Trump’s February 2017 Executive Order directing the Departments of Justice, State, and Homeland Security, and the Office of the Director of National Intelligence to coordinate a whole-of-government approach to dismantle transnational criminal organizations, such as MS-13, and restore safety for the American people. The principal purpose of JTFV is to coordinate and lead the efforts of the Justice Department and United States law enforcement agencies against MS-13 in order to dismantle the group.
JTFV has successfully implemented the whole-of-government approach to law enforcement relating to MS-13; increased coordination and collaboration with foreign law enforcement partners, including El Salvador, Mexico, Honduras and Guatemala; designated priority MS-13 programs, cliques and leaders, who have the most impact on the United States for targeted prosecutions; and coordinated significant MS-13 indictments in U.S. Attorney’s Offices across the country. In addition, all Department of Justice law enforcement agencies are involved in the effort – the FBI; DEA; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); U.S. Marshals Service; and the Bureau of Prisons. The Department of Homeland Security’s Homeland Security Investigations has also played a critical role in JTFV.
Assistant U.S. Attorneys Nicholas U. Murphy II and Nicholas J. Patterson are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-18.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty.
Local man sent to prison in two casesRead the Press Release
LAREDO, Texas – A 33-year-old Laredo man has been ordered to federal prison for conspiring to transport, and transporting, an undocumented alien in addition to conspiring and possessing with the intent to distribute cocaine, announced U.S. Attorney Ryan K. Patrick.
Alfredo Enrique Diaz pleaded guilty to the drug charges March 2, while he admitted his guilt for human smuggling Dec. 2, 2019.
Today, U.S. District Judge Diana Saldaña ordered Alfredo Enrique Diaz to serve a total of 120 months in federal prison to be followed by five years of supervised release.
On March 28, 2017, Diaz was caught while delivering luggage to a bus station in Laredo. The luggage had 14 bundles of cocaine weighing approximately 16 kilograms.
He was on bond in that case when drove to the Border Patrol (BP) Checkpoint north of Laredo Sept. 14. At that time, he had a woman who admitted to being in the United States illegally in his vehicle. Diaz expected to be paid $1500 for smuggling the woman to San Antonio.
Diaz will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration conducted the investigation with the assistance of BP. Assistant U.S. Attorney April Ayers-Perez prosecuted the case.
Leader of sex ring gets more than 33 years in prison for trafficking minorsRead the Press Release
GALVESTON, Texas - A 34-year-old resident of Sweeny has been ordered to federal prison after admitting he employed sexually-oriented websites advertising three minors as young as 15 for commercial sex, announced U.S. Attorney Ryan K. Patrick.
Joseph Church pleaded guilty Feb. 21 on the first day trial was set to begin.
Today, U.S. District Judge George C. Hanks Jr. handed Church a 400-month term of imprisonment. In handing down the sentence, the court noted Church’s conduct forever altered the lives of the women he victimized. Judge Hanks referenced how Church caused the victims to engage in commercial sex for his financial gain, mentioning he can’t prey on people in disadvantaged situations and then use those circumstances to make money. He further stated the court must make sure others do not follow in this ringleader’s footsteps.
After serving his sentence, he will be on supervised release for the rest of his life.
“Church exploited, manipulated and controlled multiple child victims in our community and directed his co-conspirators to do the same,” said FBI Special Agent in Charge Perrye K. Turner. “The individuals who choose to prey on the youth and innocent are some of the most egregious criminals in society. We will continue to work tirelessly with our law enforcement partners to disrupt human trafficking organizations and bring justice on behalf of the innocent victims they prey on.”
“Thanks to the investigative efforts of Department of Public Safety (DPS) special agents, our supporting crime analysts and our FBI and local partners, Church and his co-conspirators can no longer use high schools to recruit young girls into human trafficking,” said Texas DPS Regional Director Jason Taylor. “The collaborative efforts among investigating agencies helped to ensure the defendants won’t be a threat to our communities and gives the victims an opportunity to begin the healing process.”
Co-defendant Angela Marks, 26, also of Sweeny, who was Church’s girlfriend and pregnant with his child at the time of the sex trafficking conspiracy had pleaded guilty to conspiracy to commit sex trafficking of minors and three counts of sex trafficking of minors. She was previously sentenced to 132 months in prison.
The young girls were induced into posing for pictures used in online advertisements for sex and engaged in commercial sex acts for money. Church and others collected all of the money the girls earned. Church transported victims to commercial sex dates and used motels to harbor the minors. Cell phone applications were used to monitor the victims and post online advertisements featuring the minors. Church and his co-defendants were aware the victims were under the age of 18 when they caused them to engage in commercial sex.
Church, the leader of the group, is among 14 who have pleaded guilty for their respective roles in the sex trafficking conspiracy, gun charges, the posting of the commercial sex ads and attempt to cover-up their crimes.
Jamaal Crane, 28, Angleton, received a 180-month sentence, while Stephanie Walker, 38, Bay City; Eric Page, 22, Sherman; and Ronnie Beasley, 22, Rosharon, were sentenced to 135, 120 and 107 months, respectively. The court ordered Wharton residents Jamier Coleman, 23, and Lurkesha Baugh, 38, to serve respective terms of 105 and 27 months. Norris Moon, 26, Brazoria, and Tavius Whalon, 39, LaMarque, each will serve 60 months of imprisonment. Alisa Kimbler, 28, Freeport, was sentenced to serve 25 months, while Christopher Walton, 26, Brazoria, received a 21-month term of imprisonment.
The final defendant - William Franklin, 21, Wharton - pleaded guilty to conspiracy to commit sex trafficking of two minor females in a separate, but related case. He received a sentence of 140 months in federal prison.
Church has and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI and DPS conducted the investigation with assistance of sheriff’s offices in Brazoria and Galveston Counties and police departments in Galveston, Sherman, Wharton, La Marque and the University of Texas Medical Branch. Assistant U.S. Attorneys Sherri Zack and Sebastian Edwards prosecuted the case.
Lauderdale County Man Indicted for Making Threats of Violence over InternetRead the Press Release
Jackson, Miss. – Christian Blake Bunyard, 18, of Lauderdale County, Mississippi, has been charged in a federal criminal indictment with two counts of making threats in interstate commerce and one count of making an interstate transmission of an extortionate communication, announced U.S. Attorney Mike Hurst and Special Agent in Charge Michelle A. Sutphin with the Federal Bureau of Investigation in Mississippi.
According to the indictment, in May and July 2020, Bunyard utilized Snapchat to threaten a school shooting, to kill and rape African Americans in Oxford, Mississippi, and to rape another Snapchat user if she did not provide nude photos.
Bunyard appeared for arraignment today before U.S. Magistrate Judge Linda R. Anderson. The case has been set for trial on December 17, 2020 before U.S. District Judge Henry T. Wingate in Jackson.
This case was investigated by the Federal Bureau of Investigation and the Lauderdale County Sheriff’s Department.
The public is reminded that an indictment is merely a charge and should not be considered as evidence of guilt. Every defendant is presumed innocent until proven guilty in a court of law.
Justice Department Settles with a Car Rental Services Company to Resolve Immigration-Related DiscriminationRead the Press Release
The Justice Department announced today that it signed a settlement agreement with Fleetlogix Inc. (Fleetlogix) resolving claims that the company discriminated against work-authorized non-U.S. citizens by requiring them to provide specific and unnecessary work authorization documentation because of their citizenship or immigration status. Fleetlogix, based in San Diego, California, operates offices nationwide that provide cleaning and transportation services to rental car companies.
“The Immigration and Nationality Act requires employers to verify workers’ authorization to work in the United States and makes it illegal for employers to demand more or different documents than necessary, request specific documents, or reject reasonably genuine-looking documents because of a worker’s citizenship, immigration status, or national origin,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We are encouraged that Fleetlogix will work with the Department of Justice to ensure that any work-authorized individuals who unfairly missed work opportunities as a result of the practices at issue will receive appropriate back pay.”
The department’s underlying investigation that led to the settlement showed that Fleetlogix required specific documents from work‑authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA), such as I-94s (an “arrival-departure” record that the Department of Homeland Security issues to certain non-U.S. citizens and which can be used for the Form I-9 in some circumstances), Employment Authorization Documents (sometimes known as “work permits”) or Permanent Resident Cards (sometimes known as “green cards”), even though these individuals already presented other valid and legally sufficient documents to prove work authorization, such as a driver’s license 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.
As part of the settlement, Fleetlogix will pay civil penalties to the United States totaling $627,000, create a back pay fund for individuals who lost work due to the discrimination, train relevant employees on the requirements of the INA’s anti-discrimination provision, and change its policies and procedures.
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 (e.g., 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 the Immigrant and Employee Rights Section (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.
Justice Department Invests $2.6 Million to Mitigate Violent Crime and Support Public Safety in Disruption EffortsRead the Press Release
The Department of Justice announced awards from the Office of Justice Programs (OJP) totaling $2.6 million to four jurisdictions to disrupt and mitigate threats of violence. The funds support state and local prosecutors and investigators who seek expertise from mental health and threat assessment experts to identify these individuals and prevent violent acts.
“Disruption and early engagement programs are part of the Department of Justice’s national strategy to disrupt potential mass shootings and other rapidly mobilizing threats of targeted violence,” said Deputy Attorney General Jeffrey A. Rosen. “This program provides funding that enables state and local authorities to work with federal partners and to develop new tools and tactics to continue protecting the safety and well-being of our communities.”
Prioritized nationally by the Attorney General in October 2019, disruption and early engagement programs leverage relationships with law enforcement, community groups, and health professionals to help mitigate violent acts by developing individualized threat assessments and mitigation plans. These grants provide funds for state, local, and tribal governments to establish disruption and early engagement networks.
The funds are part of the Justice and Mental Health Collaboration Program administered by OJP’s Bureau of Justice Assistance (BJA), and are being awarded to the San Antonio, Texas, Police Department; Macon-Bibb County, Georgia; the Bear River, Utah, Health Department; and the County of Penobscot, Maine. The awards are part of more than $29 million in grants recently announced by the Department of Justice to address mental illness in the criminal justice system. This initiative supports teams that address rapidly evolving threats of targeted violence and encourages the building of multidisciplinary threat assessment and threat management teams.
“There’s no question that mental health issues are a growing threat to public safety, and they are straining law enforcement and correctional resources,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “Collaboration among justice system professionals and those trained in mental health is essential to addressing these issues.”
In coordination with the Council of State Governments, BJA recently launched the Law Enforcement-Mental Health Collaboration Support Center, which offers tailored assistance to criminal justice agencies and their community partners looking to improve responses for people with mental health or substance use issues.
OJP, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov/.
Jury convicts man of stealing firearm from Helena pawn shopRead the Press Release
GREAT FALLS – A federal jury on Tuesday convicted a man accused of stealing a firearm from a pawn shop in Helena, U.S. Attorney Kurt Alme said.
After a two-day trial that began on Monday, the jury found Jeffrey Robert Igoe, 60, a transient, guilty of possession of a stolen firearm and unlawful taking of firearm from licensed firearm dealer. Igoe faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for March 10, 2021 and ordered Igoe detained.
“Stealing a handgun can lead to a dangerous situation. I want to thank Assistant U.S. Attorney Jennifer Clark, the Helena and Bozeman police departments and the Bureau of Alcohol, Tobacco, Firearms and Explosives for investigating and prosecuting the case,” U.S. Attorney Alme said.
In court documents and at trial, the prosecution said the evidence showed that on Jan. 6, Igoe entered Modern Pawn in Helena and spoke with the manager. Igoe asked the manager to look up information on the computer. While the manager was doing that, Igoe went out of the manager’s sight, opened a glass display case, removed a firearm and put it in his pocket. Igoe then closed the display case and left the store.
The manager thought it was odd that Igoe left without the information he requested, so he reviewed the surveillance video. The video showed Igoe opening the glass case and taking the firearm, a 9mm Sig Sauer. The manager called law enforcement, which issued a notice to look out for Igoe. A Bozeman police officer located Igoe later the same day, detained him and found the firearm during a search.
Assistant U.S. Attorney Jennifer Clark prosecuted the case, which was investigated by the Helena Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.
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Judge sentences St. Louis County woman for providing material support to terroristsRead the Press Release
WASHINGTON – Sedina Unkic Hodzic, 41, of St. Louis County, Missouri, appeared today before U.S. District Court Judge Catherine D. Perry. Hodzic was sentenced to 48 months in prison for conspiring to provide material support to terrorists and providing material support to terrorists. Based on the offenses for which Hodzic was convicted she is subject to deportation and removal from the United States.
According to court documents, between May 2013 and continuing to February 5, 2015, Sedina Hodzic and her husband Ramiz Zijad Hodzic conspired with others to support the activities of Abdullah Ramo Pazara and others, including a conspiracy to commit outside the United States an act that would constitute the offense of murder or maiming if committed in the special maritime and territorial jurisdiction of the United States. Ramiz and Sedina Hodzic intended to and did provide support and resources to Pazara, knowing that they and their co-conspirators would use the support and resources in furtherance of their combat against Syrian government forces and others. The support consisted of money, which was used by her co-conspirators to purchase supplies such as U.S. military uniforms, rifle scopes, combat boots, tactical gear, clothing, firearms accessories, range finders, and other supplies useful to fighters engaged in combat in Syria and elsewhere.
Co-defendants Ramiz Zijad Hodzic, Nihad Rosic, Mediha Medy Salkicevic, Armin Harcevic and Jasminka Ramic were sentenced to 96, 96, 78, 66 and 36 months in prison, respectively.
The St. Louis Federal Bureau of Investigation’s Joint Terrorism Task Force, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), U.S. Postal Inspection Service, St. Louis Metropolitan and St. Louis County Police Departments investigated this case. The case is being prosecuted by Assistant U.S. Attorneys Matthew Drake and Kenneth Tihen of the Eastern District of Missouri and Trial Attorneys David Smith and Danielle Rosborough, of the Department of Justice’s Counterterrorism Section.
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Jacksonville Man Sentenced to More Than Five Years in Connection with Firearms Theft ConspiracyRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Jamarius Tillie (28, Jacksonville) to five years and eight months in federal prison for aiding and abetting the theft of firearms from federally licensed firearms dealers and conspiring to steal firearms from such dealers. Tillie had pleaded guilty on January 17, 2020.
According to court documents, from about June 2017 through on or about August 2017, members of Tillie’s theft ring stole more than 10 firearms from at least 4 licensed firearms dealers in Jacksonville. While Tillie and others distracted the sales staff in these stores, another member of the ring would sneak behind counters and steal firearms. Tillie kept some guns for himself, but sold the majority of them to a local drug dealer. In exchange for assisting Tillie, members of the theft ring were sometimes paid with crack cocaine.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Irvin Mayfield and Ronald Markham Plead Guilty to Defrauding the New Orleans Public Library FoundationRead the Press Release
NEW ORLEANS – The U.S. Attorney’s Office, Eastern District of Louisiana (EDLA) announced that IRVIN MAYFIELD, age 43, a resident of New Orleans, and RONALD MARKHAM, age 42, also a resident of New Orleans, pleaded guilty today to one count of conspiracy to defraud the New Orleans Public Library Foundation out of approximately $1,316,232. Sentencing is currently set for February 9, 2020 before the Honorable Jay C. Zainey.
According to court documents, MAYFIELD founded the New Orleans Jazz Orchestra (NOJO) in 2002. MAYFIELD also acted as Artistic Director and featured performer. MARKHAM was a long-time friend of MAYFIELD and served as NOJO’s President and Chief Executive Officer. MAYFIELD and MARKHAM both received salaries of $100,000 from NOJO as well as compensation for compositions and performances through Mayfield Publishing Company. Throughout its existence, NOJO relied on donations to fund its operations and pay its expenses. Between December 16, 2008, until May 31, 2010, NOJO relied on grants from the Edward Wisner Donation, a charitable trust administered by the City of New Orleans. In February 2011, support for NOJO through the Edward Wisner Donation was terminated by the City of New Orleans, causing great financial distress to NOJO and its ability to pay expenses.
In October 1990, the New Orleans Public Library Foundation (NOPLF) was established to receive donations generated through private fund raising efforts; to oversee the prudent investment of said donations at an acceptable level of risk; and to authorize expenditures judiciously for the purpose of purchasing books, other information materials, and sponsoring New Orleans Public Library (NOPL) related programs. For these purposes, NOPLF maintained an investment account. Until approximately August 2011, the NOPLF used interest earned from its investment account to fund its mission at the direction of the board of directors. All board members were uncompensated volunteers.
In August 2006, MAYFIELD became a board member of NOPLF. He later became Chairman of the board in November 2010. During his time on the NOPLF board, MAYFIELD also maintained his position with NOJO. In December 2009, MARKHAM became a board member of NOPLF. He later became Chairman of the board in September 2013 upon MAYFIELD’s resignation as Chairman of NOPLF. During his time on the NOPLF board, MARKHAM also maintained his position with NOJO. Between August 23, 2011, and November 30, 2013, MAYFIELD and MARKHAM caused approximately $1,316,232 to be unlawfully transferred and paid directly from the NOPLF to NOJO and elsewhere.
Beginning in February 2011, and continuing until November 2017, the defendants committed mail and wire fraud by transferring $1,316,232 from the NOPLF investment account to NOJO and elsewhere without approval and while misleading the NOPLF and others with regard to the purpose of the transfers. The defendants sent materially false and misleading correspondence to NOPLF board members, investment account managers, and auditors regarding the purpose of the money transfers. They also prepared materially false and misleading records to make money transfers from NOPLF to NOJO appear legitimate when they were not. Examples of the unlawful money transfers include:
- The defendants used NOPLF money to support NOJO operating expenses and pay their NOJO salaries.
- The defendants caused tens of thousands of dollars to be transferred directly into the personal accounts of MAYFIELD and Mayfield Productions.
- The defendants used NOPLF money to pay for NOJO’s performance at Carnegie Hall and performance fees to MAYFIELD.
- The defendants used NOPLF money to pay for MAYFIELD’s stays at the Ritz Carlton and Park Central Hotel as well as the travel expenses of NOJO musicians for NOJO performances.
- MAYFIELD used NOPLF money to purchase a 24k gold-plated trumpet and spend money at Saks Fifth Avenue and Harrah’s Casino.
After receiving federal grand jury subpoenas in November 2013, MAYFIELD and MARKHAM gathered and fraudulently edited NOPLF board minutes by changing line items and dollar amounts with the intent to impede, obstruct, and influence the investigation by the FBI. They also used the fraudulently altered board minutes to convince the NOPLF board that the transfers were authorized.
Finally, MARKHAM falsely informed NOPLF board members, employees of NOPLF and NOPLF legal counsel that NOJO did not use NOPLF money to pay the NOJO salaries of MAYFIELD and MARKHAM and that NOJO was not dependent on NOPLF funding.
The defendants face up to 5 years imprisonment, a fine of $250,000, three years of supervised release, and a special assessment of $100.
“The New Orleans Public Library Foundation is a charitable organization with a mission to raise funds to support and strengthen the New Orleans Public Library system. As Foundation Board leaders, Grammy Award winning musician Irvin Mayfield and his business partner Ronald Markham siphoned over $1.3 million of the organization’s funds to support their already lavish lifestyles”, stated FBI New Orleans Special Agent in Charge Bryan Vorndran. “Many citizens who do not have access to computers depend on local libraries to utilize their free resources to apply for jobs and other assistance. As a result of Mr. Mayfield and Mr. Markham’s greed the New Orleans Public Library Foundation has had a difficult time raising funds to support the mission of the public libraries in New Orleans. I would like to thank the efforts put forth by our partners at the New Orleans Office of Inspector General and the Metropolitan Crime Commission and for helping the FBI disrupt corruption like this.”
"Ed Michel, City of New Orleans Interim Inspector General advised in these times of increasing threats and limited resources, it is incumbent now more than ever to combine our resources with our local and federal law enforcement partners to spot, assess and mitigate threats in an efficient and effective manner. The City of New Orleans OIG looks forward to continuing our productive partnerships which will ensure the integrity of our operations."
The U.S. Attorney’s Office, EDLA would like to acknowledge the assistance of the Federal Bureau of Investigation, the New Orleans Office of the Inspector General and the Metropolitan Crime Commission with this matter. Assistant U.S. Attorneys G. Dall Kammer, Theodore Carter, and Brandon Long are in charge of the prosecution.
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Indiana, PA Man Sentenced for Distributing Heroin/Fentanyl Mix that Caused an Overdose DeathRead the Press Release
PITTSBURGH, Pa - A resident of Indiana, PA, has been sentenced in federal court to 70 months in prison and five years of supervised release on his conviction of a violation of federal narcotics law, United States Attorney Scott W. Brady announced today.
United States District Judge Mark R. Hornak imposed the sentence on Justin Kromer, age 31.
According to information presented to the court, on March 30, 2016, Kromer possessed and distributed stamp bags marked with "Block Party" and containing a mixture of heroin and fentanyl to an individual with the initials J.W. On March 30, 2016, J.W. overdosed and died from using the controlled substances. As part of his guilty plea, Kromer accepted responsibility for causing J.W.’s death.
Assistant United States Attorney Lee J. Karl prosecuted this case on behalf of the government.
United States Attorney Brady commended the Drug Enforcement Administration, along with the Pennsylvania State Police, the Offices of the District Attorneys of Allegheny and Indiana Counties, the Indiana County Drug Task Force, and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Kromer.
Hammond Man Indicted for Selling Oxycodone and Firearm ChargeRead the Press Release
NEW ORLEANS – United States Attorney Peter G. Strasser announced that NAVORIOUS HILLS, age 41, of Hammond, Louisiana, was charged on November 6, 2020 in a two-count indictment by a Federal Grand Jury for drug trafficking in violation of Title 21, United States Code, Section 841 and possession of a firearm during a drug trafficking crime in violation of Title 18, United States Code, Section 924.
According to court documents, HILLS was selling prescription pain pills within the Eastern District of Louisiana. On May 15, 2020, he was in possession of a Glock handgun during a drug trafficking crime. If convicted of drug trafficking and the firearm offense, HILLS faces a maximum term of life imprisonment, a fine of $1,000,000.00, five (5) years of supervised release following any term of imprisonment and a $100.00 special assessment fine.
U.S. Attorney Strasser reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated by the Tangipahoa Parish Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant U.S. Attorney Charles D. Strauss.
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Guyanese National Extradited to Face Cocaine Importation ChargeRead the Press Release
Shaun Nebblett, also known as “Shaun Wyatt” and “Dapper,” will be arraigned this afternoon in federal court in Brooklyn before United States Magistrate Judge Sanket J. Bulsara on an indictment charging him with conspiracy to import cocaine and other narcotics offenses. Nebblett was extradited to the United States from Guyana on November 6, 2020, the first from Guyana facing federal charges in the United States since 1999.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), and Troy Miller, Director of Field Operations, U.S. Customs and Border Protection, New York Field Office (CBP), announced the extradition.
“As alleged, the defendant recruited multiple individuals to fly into the United States on cocaine smuggling trips and supplied them with illegal narcotics,” stated Acting United States Attorney DuCharme. “The United States is committed to working with our international partners to dismantle the drug-trafficking organizations responsible for flooding our communities with dangerous drugs and bringing the individuals who run these operations to justice. I thank the Republic of Guyana for assisting with this extradition.” Mr. DuCharme extended his grateful appreciation to the DEA offices in Georgetown, Guyana, the United States Marshals Service, the United States Department of State, the Department of Justice’s Office of International Affairs, and the Government of Guyana.
“Nebblett is a former police officer in Guyana, yet he operated a transnational criminal organization responsible for smuggling large quantities of cocaine into the United States. Protecting our homeland extends beyond our borders, and HSI worked tirelessly with our law enforcement partners to take out yet another threat to the security of our border and the welfare of our communities, and Neblett will have to confront the justice he was once sworn to uphold,” stated HSI Special Agent-in-Charge Fitzhugh.
“This investigation exposes another insidious way traffickers smuggle drugs into our country,” stated DEA Special Agent-in-Charge Donovan. “To circumnavigate law enforcement detection, Nebblett allegedly recruited and used couriers to transport cocaine ladened shoes.”
“This case serves as a great example of collaborative law enforcement efforts to combat international narcotics trafficking conspirators. U.S. Customs and Border Protection thanks our partners at USAO, HSI, and DEA for their continued cooperation, as well as our international partners in helping to bring this fugitive to justice,” said Troy Miller, Director Field Operations in New York.
As alleged in court filings, between August 2015 and September 2015, Nebblett and others conspired to import 500 grams or more of a substance containing cocaine into the United States from Guyana. Specifically, in August 2015, Nebblett, who was a former police officer in Guyana, recruited an individual (“Courier 1”) to smuggle drugs into the United States in exchange for $8,000 and provided Courier 1 with money to purchase a plane ticket from Guyana to John F. Kennedy International Airport in Queens, departing on August 28, 2015. Nebblett packed Courier 1’s suitcase with seven pairs of shoes that concealed cocaine and directed Courier 1 to rent a hotel room near JFK. On August 28, 2015, upon arrival at JFK, Courier 1 was stopped by law enforcement officers who examined his luggage and discovered the cocaine in the shoes. A subsequent DEA laboratory test revealed that the shoes contained approximately 1.436 kilograms of cocaine.
The extradition of Nebblett is the result of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) investigation led by the United States Attorney’s Office for the Eastern District of New York, HSI and the DEA. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
The charges in the indictment is are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Nebblett faces a mandatory minimum sentence of five years’ imprisonment.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorney Alicia N. Washington is in charge of the prosecution. The Department of Justice’s Office of International Affairs handled the extradition in this matter.
The Defendant:
SHAUN NEBBLETT
Age: 40
Georgetown, GuyanaE.D.N.Y. Docket No. 16-CR-317 (PKC)
Grant and Hardy County residents indicted on fentanyl and firearms chargesRead the Press Release
ELKINS, WEST VIRGINIA – Three Hardy and Grant County residents are facing fentanyl and firearms charges after a grand jury in Wheeling indicted them in October, U.S. Attorney Bill Powell announced.
Joshua Allen Hinkle, 35, of Cabins, West Virginia, is charged with one count of “Conspiracy to Distribute at Least 40 Grams of Fentanyl” and one count of “Possession with Intent to Distribute Fentanyl.”
Cassie Leigh Kesner, 26, of Moorefield, West Virginia, is charged with one count of “Conspiracy to Distribute at Least 40 Grams of Fentanyl,” one count of “Possession with Intent to Distribute Fentanyl,” and one count of “Possession of a Firearm in Furtherance of a Drug Crime.”
Bryan Edward Summerton, 34, of Petersburg, West Virginia, is charged with one count of “Conspiracy to Distribute at Least 40 Grams of Fentanyl” and one count of “Possession of a Firearm in Furtherance of a Drug Crime.”
The three are accused of working together to distribute more than 40 grams of fentanyl in April 2020 in Grant County and elsewhere. Kesner and Sumerton are accused of having firearms during at least one drug trafficking crime.
Hinkle, Kesner, and Summerton each face at least five years and up to 40 years of incarceration and a fine of up to $5,000,000 for the conspiracy charge. Hinkle also faces up to 20 years of incarceration and a fine of up to $1,000,000 for the possession of fentanyl charge. Kesner also faces up to 20 years of incarceration and a fine of up to $1,000,000 for the possession of fentanyl charge and faces at least five years of incarceration and a fine of up to $250,000 for the firearms charge. Summerton also faces at least five years of incarceration and a fine of up to $250,000 for the firearms charge. 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 Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, a HIDTA-funded initiative; the Bureau of Alcohol, Tobacco, Firearms & Explosives; and the Grant County Sheriff’s Office 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. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Grant County man indicted on methamphetamine and firearms chargesRead the Press Release
ELKINS, WEST VIRGINIA – Joshua Caleb Haggerty, of Petersburg, West Virginia, is facing drug and firearms charges, U.S. Attorney Bill Powell announced.
Haggerty, 36, was indicted by a grand jury sitting in Wheeling in October on six counts of “Distribution of Methamphetamine,” one count of “Unlawful Possession of a Firearm,” and “Possession of Unregistered Firearm.” Haggerty is accused of selling methamphetamine in January, February, and March 2020 in Grant County. Haggerty, a person prohibited from having a firearm because of prior convictions, is also accused of having an unregistered, modified 12-gauge shotgun in March 2020 in Grant County.
Haggerty faces up to 20 years of incarceration and a fine of up to $1,000,000 for each drug charge. He faces up to 10 years of incarceration for each of the firearms charges. 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 Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, a HIDTA-funded initiative, and the Bureau of Alcohol, Tobacco, Firearms & Explosives 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. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Grant County man indicted on firearms chargeRead the Press Release
ELKINS, WEST VIRGINIA – Joshua Aaron Roy, of Maysville, West Virginia, is facing a firearms charge, U.S. Attorney Bill Powell announced.
Roy, 35, is was indicted by a grand jury sitting in Wheeling in October on one count of “Unlawful Possession of a Firearm.” Roy, a person prohibited from having a firearm because of prior convictions, is also accused of having a .380 caliber pistol in January 2020 in Grant County.
Roy 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 Stephen D. Warner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms & Explosives and the Grant County Sheriff’s Office 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. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Grant County man indicted on drug and firearms chargesRead the Press Release
ELKINS, WEST VIRGINIA – Jay Dean Hall, of Petersburg, West Virginia, is facing drug and firearms charges, U.S. Attorney Bill Powell announced.
Hall, 55, is was indicted by a grand jury sitting in Wheeling in October on one count of “Maintaining Drug-Involved Premises,” one count of “Possession with Intent to Distribute Methamphetamine,” one count of “Unlawful Possession of a Firearm,” and one count of “Possession of a Firearm in Furtherance of a Drug Crime.” Hall is accused of using his home on Spencer Drive in Petersburg as a drug distribution location and distributing methamphetamine in August 2019 in Grant County. Hall, a person prohibited from having a firearm because of a prior conviction, is also accused of having a 9mm rifle in his home.
Hall faces up to 20 years of incarceration and a fine of up to $1,000,000 for each drug charge. He faces up to 10 years of incarceration and a fine of up to $250,000 for the unlawful possession charge and faces at least five years of incarceration for the firearm during a drug crime charge. 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 Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, a HIDTA-funded initiative, and the Bureau of Alcohol, Tobacco, Firearms & Explosives 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. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Georgia Man Sentenced to Prison for VA Benefits FraudRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of JEFFREY FRANK HORNER, 57, to 28 months in prison for wire fraud. HORNER, who pleaded guilty on July 7, 2020, was sentenced today before Senior Judge Paul A. Magnuson in U.S. District Court in St. Paul, Minnesota.
According to the defendant’s guilty plea and documents filed in court, HORNER, the owner and operator of HORNER PAYEE SERVICES and RENROH Enterprises LLC, served as a fiduciary for disabled veterans. In his capacity, HORNER was responsible for managing veterans’ benefits from the U.S. Department of Veterans Affairs (“VA”), the U.S. Social Security Administration (“SSA”), and the U.S. Office of Personnel Management (“OPM”). Between April 2010 and September 2018, HORNER devised and executed a scheme to defraud the VA, the SSA, and the OPM, and veterans entitled to these agencies’ benefits. HORNER established and used at least 12 bank accounts in his own name and in the names of his businesses to transfer and divert for his own use at least $365,374.69 victims’ government funds.
This case is the result of an investigation conducted by the Office of Inspector General for the U.S. Department of Veterans Affairs, the U.S. Office of Personnel Management, and the U.S. Social Security Administration.
Assistant United States Attorney Miranda E. Dugi prosecuted the case.
Defendant Information:
JEFFREY FRANK HORNER, 57
Mableton, Ga.
Convicted:
- Wire fraud, 1 count
Sentenced:
- 28 months in prison
- One year of supervised release
- $372,874.69 in restitution
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Fort Wayne Woman Sentenced to 78 Months in PrisonRead the Press Release
FORT WAYNE—Sierra O. Gill, age 34, of Fort Wayne, Indiana, was sentenced by United States District Judge Holly A. Brady after her plea of guilty to possession with intent to distribute heroin, announced U.S. Attorney Kirsch.
Gill was sentenced to 78 months in prison followed by 2 years of supervised release.
According to documents in this case, on or about October 8, 2019, Gill possessed with intent to distribute 100 grams or more of heroin.
This case was investigated by the Drug Enforcement Administration with the assistance of the Allen County Drug Task Force, the Allen County Sheriff’s Department, the Adams County Drug Task Force, the Huntington Police Department, the Montgomery County (Ohio) Sheriff’s Department, and the Dayton (Ohio) Police Department. This case was handled by Assistant United States Attorney Anthony Geller.
Former supervisor in DeKalb County’s Tax Commissioner’s Office sentenced to prison for bribery and blackmailRead the Press Release
ATLANTA - Gerald D. Harris, a former supervisor in DeKalb County’s Tax Commissioner’s Office, has been sentenced to two years in federal prison for accepting bribe payments from customers to unlawfully register vehicles and for attempting to blackmail a bribe payer by threatening to inform on her to the FBI.
“By accepting bribe payments, Harris sold his integrity for money – and, in doing so, betrayed the trust of the citizens of DeKalb County,” said U.S. Attorney Byung J. “BJay” Pak. “Then, in a truly bold display of audacity, Harris tried to blackmail one of the individuals who had previously paid him bribes.”
“Harris' flaunting of the law tarnished every government official and erodes the public's trust in their positions,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Now we must work even harder with our partners in law enforcement to regain that trust and hopefully this sentencing is a step in that direction.”
“Mr. Harris traded his integrity for money and, in doing so, dishonored the hard work and dedication exemplified by the vast majority of DeKalb County employees. Today, Mr. Harris is being held accountable for his crimes. The DeKalb County District Attorney’s Office, along with its law enforcement partners, will continue to seek and root out corruption, restoring the public’s trust in its government,” said DeKalb County District Attorney Sherry Boston.
“I am happy this matter is concluding. Our office will continue to be vigilant in guarding the public trust and serving the citizens of DeKalb County,” said Irvin Johnson, DeKalb Tax Commissioner.
According to U.S. Attorney Pak, the charges, and other information presented in court: the DeKalb County Tax Commissioner’s Office is an agency of DeKalb County, Georgia responsible for the billing and collection of property taxes, processing of homestead exemptions, and collecting delinquent taxes. In addition, the Motor Vehicle Division of the DeKalb County Tax Commissioner’s Office handled all aspects of motor vehicle registrations, including: (a) managing the collection of motor vehicle taxes, (b) issuing vehicle tags and titles, and (c) processing vehicle registration renewals for citizens and businesses located in DeKalb County.
From July 2017 to November 2019, Harris served as the Supervisor of Tax Tag Clerks for the DeKalb County Tax Commissioner’s Office. In that position, Harris oversaw the Tax Commissioner - North Office’s clerks who processed motor vehicle registrations and renewals for customers.
From approximately November 2018 to November 2019, Harris accepted bribe payments from customers to unlawfully register vehicles or renew vehicle registrations. For example, Harris accepted bribe payments:
- To register vehicles to individuals who did not have Georgia driver’s licenses or identification cards as required, typically in exchange for $200 per vehicle;
- To register vehicles that did not have the required accompanying documentation (such as: titles or Forms MV-1 title/tag application), typically in exchange for $500 to $1,000 per vehicle; and
- To renew vehicles that had not passed emissions tests by falsely entering that the vehicles had emissions exemptions, typically in exchange for $100 per vehicle.
In total, Harris accepted more than $35,000 in bribe payments.
In addition to accepting bribe payments, Harris also attempted to blackmail one of the individuals who had been paying him bribe money. On November 18, 2019, DeKalb County Tax Commissioner’s Office fired Harris for accepting bribe payments (as fully detailed above). On the same date, Harris admitted to the FBI that he had accepted thousands in bribe payments in exchange for illegally registering/renewing vehicles for several people, including a person identified as Individual-1.
On December 12, 2019, Harris met with Individual-1 at an Atlanta gas station. During the meeting, Individual-1 (who did not know that Harris had been fired) gave Harris registration documentation so that Harris could register four vehicles. Indvidual-1 gave Harris checks and cash to cover the costs of the required fees and taxes for each vehicle. Given that Harris no longer worked for the DeKalb County Tax Commissioner’s Office, Harris obviously could not register the four vehicles for Individual-1. Nevertheless, Harris accepted and kept the money from Individual-1.
Then on December 17, 2019, Individual-1 sent a series of text messages to Harris requesting that Harris return the registration documentation and money. On December 17 and 18, 2019, Harris sent a series of text messages to Individual-1 where Harris stated that: (a) he was under investigation by the FBI, (b) the FBI has a video of Harris and Individual-1 meeting, (c) “[a]ll of us can be in trouble,” (d) Harris needed to know “how much” money will he be paid not to give information to the FBI, and (e) Harris is “not going to prison empty handed. It’s that simple.”
On July 14, 2020, Gerald D. Harris, 51, of Fulton County, Georgia, pleaded guilty to federal program bribery and blackmail. Based on that conduct, the Court sentenced Harris to two years in prison, and three years of supervised release.
The FBI, DeKalb County District Attorney’s Office, Georgia Department of Revenue, and DeKalb County Tax Commissioner’s Office investigated this case.
Assistant U.S. Attorney Jeffrey W. Davis, Chief of the Public Integrity and Special Matters Section, and Assistant U.S. Attorney Nicholas Hartigan 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 Torrance Police Officer Agrees to Plead Guilty to Illegally Acting as Firearms Dealer and Being ‘Straw Buyer’ of ‘Off Roster’ GunRead the Press Release
LOS ANGELES – A former officer with the Torrance Police Department (TPD) has been charged with being an unlicensed firearms dealer who sold dozens of guns, as well as certifying he was the actual purchaser of a handgun, when, in fact, he was buying the gun for another person, the Justice Department announced today.
Lindley Alan Hupp, 32, of Long Beach, was named in a two-count information filed Friday in United States District Court. In conjunction with the charging document, federal prosecutors also filed a plea agreement in which Hupp agreed to plead guilty to the two felony offenses – engaging in the business of dealing in firearms without a license, and making a false statement in a federal firearm licensee’s records during purchase of a firearm.
According to the court documents, Hupp sold at least 48 firearms during an 8½-year period while employed by the TPD. Hupp sold another two guns in 2011 while serving as an auxiliary police officer with the Pasadena Police Department.
“In violation of federal law, Hupp sold firearms without a federal firearms license,” Hupp admitted in his plea agreement. “Hupp made a business of dealing firearms, in part, by abusing exemptions made available to him under California law as a sworn peace officer. Of the forty-eight (48) firearms defendant sold while employed at the TPD, thirty-six (36) firearms were ‘off roster’ firearms; that is, firearms that Hupp’s non-law enforcement customers could not have purchased directly from a licensed firearms dealer.”
While off roster firearms – which also are described in California statutes as “non-roster” or “unsafe” handguns – may be purchased by sworn law enforcement officers, who then may sell the firearms on the secondary market, Hupp admitted “repeatedly exploiting the privilege” by reselling off roster weapons soon after acquiring them. Hupp resold nearly half of the 36 off roster guns within 30 days of having initially purchased them.
In relation to the false statement count, Hupp admitted making a material false statement on a Bureau of Alcohol, Tobacco, Firearms and Explosives recertification form (Form 4473) when he purchased a Glock 9mm handgun in November 2015. After offering to sell two Glocks for sale on an online marketplace, Hupp purchased one Glock handgun from a Brea firearms dealer. When Hupp went to pick up the gun after the 10-day waiting period, he signed a Form 4473 in which he falsely certified he was “the actual transferee/buyer of the firearm” knowing that he was the “straw buyer” of the firearm on behalf on another individual who purchased the handgun from Hupp a few days later.
In exchange for Hupp’s acceptance of responsibility, cooperation with the investigation, and agreement to abandon to local law enforcement 42 firearms currently in his possession, the government has agreed to recommend a prison sentence of not more than 18 months. This recommendation, however, will not be binding on the sentencing judge, who could impose a sentence of up to 15 years in prison after Hupp pleads guilty to the two charges.
Hupp has agreed to make his initial appearance in United States District Court on December 3.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the FBI.
This case is being prosecuted by Assistant United States Attorney Elisa Fernandez of the Public Corruption and Civil Rights Section.
Former Pelham, Georgia Resident Sentenced to 15+ Years Federal Prison for Distributing Child PornographyRead the Press Release
ALBANY, Ga. – A former Pelham, Georgia resident, caught by Homeland Security Investigations distributing large amounts of child pornography on social media while he was attempting to foster a child, was sentenced to 188 months in federal prison for his crimes today, said Charlie Peeler, the U.S. Attorney for the Middle District of Georgia.
Michael King, 42, of Little Falls, New York, formerly of Pelham, was sentenced by U.S. District Judge Leslie Gardner to 188 months in prison, the top of the federal guideline sentencing recommendations, to be followed by ten years of supervised release after pleading guilty to distribution of child pornography. King will have to register as a sex offender upon release from federal prison. There is no parole in the federal system.
HSI agents determined that Kik app user “Silent Dream 78” had posted images of child pornography to a Kik messenger chat group from July to August 2018, and the user was likely King. A search warrant was executed at King’s Pelham home on January 17, 2019, where agents found seven computer media items that contained child pornography. King admitted that his Kik user names were “Silent Dream 78” and “SilentDream1977” and that he had been downloading and viewing child pornography “for forever.” On five occasions, King used the Kik chat messenger app to share child pornography, including images involving very young children. During sentencing, the Court noted that King engaged in highly detailed ideation in the form of online text messages with another online collector of child pornography about having sex with a foster or adopted child and allowing another sex offender to have sex with the child when the child arrived. King claimed that the text messages were fantasy. However, the Court noted that the defendant and his wife were well along in the foster/adoption process. The defendant has been in custody since the execution of the search warrant at his home in January 2019.
“It is deeply disturbing that King was attempting to foster a child, while at the same time fantasizing about sexually harming a foster child and allowing another sexual predator to do the same. HSI agents stopped a child predator from doing irreparable harm to an innocent child. We must continue to bring the full force of the law against child sexual predators. Those individuals caught distributing child pornography will be prosecuted and will face federal prison, without parole,” and said U.S. Attorney Charlie Peeler. “We will not stop working alongside our federal, state and local partners to protect Georgia’s children and bring child predators to justice.”
“No sentence will ever bring back the innocence that this monster has stolen from countless helpless children,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “HSI will continue to aggressively pursue those who seek to victimize our most vulnerable members of society and prosecute those predators to the fullest extent of the law.”
The case was investigated by the Pelham Police Department and Homeland Security Investigations. Assistant U.S. Attorney Jim Crane prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Former Financial Advisor Sentenced to 6 Years in Federal Prison for His Role in Scheme to Defraud Investors Out of $3.5 MillionRead the Press Release
SHREVEPORT, La. - Acting United States Attorney Alexander C. Van Hook announced that Gregory Alan Smith, 58, of Shreveport, Louisiana, was sentenced today by United States District Judge S. Maurice Hicks, Jr. to 72 months (6 years) in prison followed by 3 years of supervised release for conspiracy to commit wire fraud. Smith was ordered to pay restitution in the amount of $3,588,500, as well as a fine of $100,000.
Smith, formerly a financial investment advisor in Shreveport, persuaded multiple victims to invest approximately $3.5 million with his co-defendant, Kirbyjon H. Caldwell (“Caldwell”). According to evidence presented to the court, Smith began approaching existing clients, friends, and acquaintances in the spring of 2013 about an investment opportunity in historical chinese bonds. Smith told these potential investors that they would be obtaining a partial ownership interest in the bonds and that they would receive exponential returns on their investments in a short period of time. Smith neglected to tell these individuals that historical chinese bonds, bonds issued by the former Republic of China prior to losing power to the communist government in 1949, held no value. In fact, the bonds were considered by the Securities and Exchange Commission to be mere collectables with no value outside of the memorabilia market.
After Smith made the fraudulent pitch, victim-investors who believed and trusted Smith agreed to invest in these bonds. These victims were provided with a “participation agreement” indicating that if the sale of the bonds failed to occur within a certain number of days, the invested funds would be returned within a defined period of time. They were instructed to wire funds to various bank accounts held by or controlled by Caldwell or his representative. The funds were then divided between Smith, Caldwell, and others. Smith received $1.08 million of the total $3.5 million and used it to pay down loans, purchase two luxury sport utility vehicles, place a down payment on a vacation property, and maintain his lifestyle. The victims never received the promised returns from these chinese bonds.
“This case proves that even those you trust to have your best interest at heart sometimes may not. The victims in this case thought their trusted advisor and friend would never lead them astray but sadly, he was merely a con man who led them down an unwanted path,” stated Acting United States Attorney Alexander C. Van Hook. “Our office will continue to be vigilant in holding defendants such as this accountable for their fraudulent actions.”
Sentencing for Smith’s co-defendant, Kirbyjon H. Caldwell, is scheduled for December 3, 2020 at 2:00 p.m.
The FBI conducted the investigation and Assistant U.S. Attorneys Seth D. Reeg and C. Mignonne Griffing prosecuted the case.
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Former Bank Executive Sentenced to Prison for $15 Million Construction Loan FraudRead the Press Release
A former Kansas bank executive was sentenced to 60 months in prison today for his role in carrying out a bank fraud scheme to obtain a $15 million construction loan from 26 Kansas banks.
Acting Assistant Attorney General Brian Rabbitt of the Justice Department’s Criminal Division, Special Agent in Charge Justin Bundy of the Federal Deposit Insurance Corporation Office of Inspector General’s (FDIC-OIG) Kansas City Regional Office, Special Agent in Charge Adam B. Steiner of the IRS Criminal Investigation’s (IRS-CI) St. Louis Field Office, Special Agent in Charge Timothy Langan of the FBI’s Kansas City Field Office, and Special Agent in Charge Catherine Huber of the Federal Housing Finance Agency Office of Inspector General’s (FHFA-OIG) Central Region Office made the announcement.
Troy A. Gregory, 53, of Lawrence, Kansas, was sentenced by Chief U.S. District Judge Julie A. Robinson of the District of Kansas to 60 months in prison followed by three years of supervised release, and ordered to pay $4,731,208.16 in restitution.
Following a two-week trial in August 2019, Gregory was found guilty of four counts of bank fraud and two counts of false statements. According to the evidence presented at trial and at the sentencing hearing, Gregory was a bank executive and loan officer who had made millions of dollars in loans to a group of borrowers who were struggling to make payments on the loans. Beginning in late 2007, Gregory initiated the process of making a $15.2 million construction loan to build an apartment complex to that same group of borrowers so they could pay back the other outstanding loans. Gregory’s bank shared this loan with 25 other Kansas banks. To convince the other banks to participate, Gregory made and caused others to make false statements about the strength of the borrowers, the debt status of the apartment property and the existence of approximately $1.7 million in certificates of deposit for collateral on the loan, all to get the loan approved.
Instead of using the loan funds promised for building the apartments, Gregory immediately diverted over $1 million of the loan to pay for part of the certificates of deposit pledged as collateral, pay off debt on the apartment property and make payments on unrelated loans. Other Kansas banks that shared in this loan would not have participated in the loan without Gregory’s false representations and promises. The victimized banks collectively lost approximately $5 million on this fraudulent loan.
The case was investigated by FDIC-OIG, IRS-CI, the FBI, and FHFA-OIG. Senior Litigation Counsel David A. Bybee and Trial Attorney Andrew R. Tyler of the Criminal Division’s Fraud Section prosecuted the case.
The Criminal Division’s Fraud Section plays a pivotal role in the Department of Justice’s fight against white collar crime around the country.
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.
Felon Sentenced for Unlawful Firearms PossessionRead the Press Release
ALBANY, NEW YORK – Todd P. Donohue, age 44, formerly of Wallkill, Ulster County, New York, was sentenced today to 27 months in prison for unlawfully possessing firearms as a felon.
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.
Donohue, who has a 2003 felony drug conviction, admitted that he possessed a shotgun and a rifle when law enforcement searched his home on December 28, 2019. He also admitted to engaging in the trafficking of firearms, by selling at least 5 firearms to individuals living in Orange County, Putnam County and Ulster County, New York, in 2019.
Chief United States District Judge Glenn T. Suddaby also imposed a 3-year term of post-imprisonment supervised release.
This case was investigated by the DEA and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and was prosecuted by Assistant U.S. Attorney Michael Barnett.
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. For more information about Project Guardian, please see https://www.justice.gov/ag/project-guardian-memo-2019/download
Federal Grand Jury Indicts Five in Connection with a Factoring Scheme that Defrauded Banks in San Antonio of Millions of DollarsRead the Press Release
Today, federal authorities arrested three individuals charged in connection with a scheme to defraud several San Antonio financial institutions of more than $13 million, announced U.S. Attorney Gregg N. Sofer and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Agents arrested the three San Antonio residents without incident—48-year-old Ronald Wayne Schroeder, 58-year-old Jill Martin Alvarado, and 78-year-old Phyllis Jo Martinez. Authorities in Del Rio, TX, arrested Alvarado’s 55-year-old husband, Rigo Alvarado, over the weekend. Martinez’s 56-year-old son, Ryan Martinez, is currently in state prison on unrelated charges.
A six-count federal indictment unsealed today charges all five named above with one count of conspiracy to commit bank fraud. In addition, Schroeder, Jill Alvarado, Ryan Martinez and Phyllis Martinez are charged with one count of conspiracy to commit money laundering. The indictment also charges Schroeder, Ryan Martinez and Phyllis Martinez with one count of conspiracy to launder monetary instruments. Schroeder is also charged with three counts of bank fraud.
Factoring—when a company sells specific accounts receivable to a third party at a discounted price in order to accelerate its cash flow—is the focus of the defendants’ fraudulent scheme. The indictment alleges that the defendants conspired to defraud various financial institutions of money through the factoring of false and fraudulent invoices. Beginning with Southwest Bank, then Bank of San Antonio (BOSA), and finally, TransPecos Bank, Schroeder sent false and fraudulent invoices of companies owned or controlled by the other defendants to be factored by the financial institutions. Schroeder and other co-conspirators would then use that money for their own personal enrichment or to pay off old invoices owed to the financial institutions much like a Ponzi scheme where money from new investors is used to pay old investors. The indictment identifies three companies that are involved in the scheme including: Nerd Factory, which was owned by Ryan Martinez and later, Phyllis Martinez; Alvy’s Logistics, which is owned by Jill and Rigo Alvarado; and, Republic Logistics, a fake company created and used by Schroeder to steal money for himself. According to the indictment, false and fraudulent invoices from Nerd Factory were factored by Southwest Bank and then BOSA. That money would then be used by the owners of Nerd Factory, Ryan Martinez and later, Phyllis Martinez, for legal fees in a pending criminal federal case or as unearned profit. Alvy’s Logistics and Nerd Factory also kicked back some of the money obtained to Schroeder.
In addition to using false and fraudulent invoices for actual companies, the indictment alleges that Schroeder submitted false and fraudulent invoices on behalf of Republic Logistics to BOSA which were then paid by BOSA. Schroeder used this money to, among other things, purchase high dollar goods such as cars, RVs, an airplane, boat, and beach house.
The indictment further alleges that Schroeder initially began this practice while being funded by Southwest Bank (FDIC insured). Schroeder fraudulently grew that portfolio until he was able to sell it all to BOSA (FDIC insured). The scheme continued and expanded while BOSA funded Schroeder. Schroeder also attempted to broker a subsequent deal whereby Trans Pecos Bank (FDIC insured) would purchase the fraudulent factored invoices.
Upon conviction, each bank fraud related charge is punishable for up to 30 years in federal prison; conspiracy to commit money laundering, up to 20 years in federal prison; and, conspiracy to launder monetary instruments, up to ten years in federal prison.
The FBI is conducting this ongoing investigation. Assistant U.S. Attorney Joseph Blackwell is prosecuting this case on behalf of the government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Federal Grand Jury Charges Schertz Firearms Dealer in Wire Fraud SchemeRead the Press Release
In San Antonio, William Badberg, 44-year-old owner of Bullit Proof Arms in Schertz, TX, stands charged with a fraudulent scheme involving the sale of firearms on the internet, announced U.S. Attorney Gregg N. Sofer; Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio; and, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred Milanowski, Houston Division.
A federal grand jury indictment unsealed today charges the Cibolo, TX, resident with twelve counts of wire fraud. According to the indictment, since January 2019, Badberg engaged in a scheme to defraud in which he advertised firearms for sale on the internet, including on a website he controlled, BullitProofArms.com. The indictment alleges that Badberg failed to deliver the firearms to the buyers despite receiving payment for the advertised firearms.
HSI agents arrested Badberg yesterday at his residence without incident. Upon conviction, wire fraud carries a maximum possible term of 20 years in federal prison.
HSI, ATF, and the Schertz Police Department are conducting this ongoing investigation with support and assistance from the Texas Attorney General’s Office.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Federal Air Marshal Employee Admits Fraudulently Receiving Disability PaymentsRead the Press Release
PROVIDENCE – A former Federal Air Marshal employee admitted in federal court in Providence today that he concealed his self-employment and then his role in a Middletown-based martial arts business from the United States Department of Labor (DOL), Office of Workers’ Compensation Programs, in order to collect nearly a quarter of a million dollars in OWCP disability benefits based on his employment with the government.
Joseph Patrick Watterson, 52, of Newport, admitted that he initially concealed on OWCP forms the fact that he owned and was engaging in physical activities at his martial arts business, Two Swords Brazilian Jiu Jitsu. Later, after admitting that he was self-employed, he concealed on OWCP forms the true scope of his employment activities at his martial arts studios, because he did not want his OWCP benefits to be reduced or terminated.
Watterson admitted that he concealed the fact that he was instructing and engaging in jiu jitsu. Rather than disclose his physical activities at his martial arts studio, Watterson falsely represented that his role was merely administrative. In a letter to DOL, Watterson described his duties as involving "cleaning and maintaining school, share the bookkeeping.”
According to the government’s evidence, from May 31, 2016 to March 3, 2019, Watterson collected disability benefits totaling approximately $241,118.52 he was not entitled to collect.
Appearing today before U.S. District Court William E. Smith, Watterson pleaded guilty to false statements to obtain federal workers’ compensation benefits, announced United States Attorney Aaron L. Weisman; Michael A. Ondocin, Executive Assistant to the Administrator of the Transportation Security Administration (Federal Air Marshal Service); and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division.
Watterson is scheduled to be sentenced on January 28, 2021. False statements to obtain federal workers’ compensation benefits is punishable by statutory penalties of up to 5 years imprisonment; a fine of $250,000; a term of supervised release of 3 years.
The case is being prosecuted by Assistant U.S. Attorney Ly T. Chin.
The matter was investigated by the Transportation Security Administration and the U.S. Postal Inspection Service.
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Father, Son, and Daughter Sentenced to Prison in Firearms Straw Purchasing SchemeRead the Press Release
Fort Myers, Florida – U.S. District Judge John L. Badalamenti has sentenced Jesus Robin Suarez (48, Naples), Kevin Robin Suarez (25, Naples), and Andrea Joselin Suarez (28, Naples) to federal prison for their roles in a firearms straw purchasing conspiracy. Jesus Suarez was sentenced to six years and six months in prison. His son, Kevin Suarez, was sentenced to three years and one month imprisonment. Jesus Suarez’s daughter, Andrea Suarez, was sentenced to four years and three months’ in federal prison. All three had pleaded guilty earlier this year to conspiring to falsify records relating to firearms purchases.
According to court documents, Jesus Suarez directed his adult children to recruit their friends and acquaintances to make straw purchases of AK-47 rifles from Naples and Fort Myers-area licensed gun stores. In exchange for cash from the Suarez family, the straw purchasers fraudulently certified to the gun stores that they were buying the firearms for themselves, when in truth they were actually buying the guns for Jesus Suarez and his children. According to evidence presented at the sentencing hearings, these straw-purchased firearms were thereafter unlawfully exported by Jesus Suarez to his native Bolivia.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, the Collier County Sheriff’s Office, and U.S. Customs and Border Protection. It was prosecuted by Assistant United States Attorney Simon R. Eth.
Fairfield Man Sentenced to More Than 12 Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — Kenny Losito, 31, of Fairfield, was sentenced to 12 years and six months in prison on Monday for two counts of being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court records, Losito was arrested by the Vacaville Police Department on March 14, 2019, following a traffic stop. Officers found a loaded 9 mm handgun under Losito’s seat that officers later determined had been reported stolen in Nevada. After being released on bail, Losito was again arrested by the Vacaville Police Department on April 19, 2019, following a traffic stop, and was found with a loaded Tanfoglio GT32 firearm under his seat. Losito has several prior felony convictions that prohibit him from possessing firearms.
This case was the product of an investigation by the Vacaville Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Colleen Kennedy 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.
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 www.justice.gov/projectguardian.
Essex County Man Charged with Producing Child PornographyRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey man appeared before a federal judge today on charges that he produced and possessed images of child sexual abuse, U.S. Attorney Craig Carpenito announced.
Antonio Del Prado, 59, of Millburn, New Jersey, is charged by complaint with one count of production of child pornography and two counts of possession of child pornography. He appeared by videoconference before U.S. Magistrate Judge Edward S. Kiel and was detained without bail.
According to documents filed in this case and statements made in court:
In October 2020, law enforcement learned that Del Prado had uploaded 56 images and 18 videos of suspected child sexual abuse to an internet-based cloud storage system. Del Prado had actively participated in the production of child sexual abuse by giving instructions to another individual who was live-streaming a video of themselves sexually assaulting a child. Law enforcement arrested Del Prado at his residence in Millburn this morning.
The charge of production of child pornography carries a mandatory minimum penalty of 15 years in prison, a maximum penalty of 30 years in prison, and fine of $250,000. The charge of possession of child pornography carries a maximum penalty of 10 years in prison, and fine of $250,000.
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 the charges.
The government is represented by Assistant U.S. Attorney Shawn Barnes of the U.S. Attorney’s Organized Crime/Drug Enforcement Task Force Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
El Departamento de Justicia Llega a un Acuerdo con una Compañía de Alquiler de Vehículos que Resuelve un Caso de Discriminación Relacionada con la InmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha firmado un acuerdo conciliatorio con Fleetlogix, Inc. (Fleetlogix), lo que resuelve las acusaciones de que la compañía había disciminado a individuos no ciudadanos de los EE. UU que contaban con autorización para trabajar al requerir que proporcionaran documentos específicos e innecesarios de autorización para trabajar debido a su estauts migratorio o de ciudadanía. Fleetlogix, con sede en San Diego, California, opera oficinas por todo el país que prestan servicios de limpieza y transporte a companías de alquiler de vehiculos.
«La ley de Inmigración y Nacionalidad requiere que los empleadores verifiquen que sus trabajadores disponen de autorización para trabajar en los Estados Unidos y prohíbe que los empleadores pidan documentos adicionales o diferentes a los que sean necesarios, que pidan documentos específicos o que rechacen documentos que parecen ser genuinos por motivos de la ciudadanía, estatus migratorio o nacionalidad de origen del trabajador», declaró Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «Nos anima ver que Fleetlogix trabajará con el Departamento de Justicia para garantizar que cualquier individuo que cuente con autorización para trabajar que, de una forma injusta, se haya perdido una oportunidad laboral como resultado de las prácticas en cuestión recibirá los pagos retroactivos apropiados».
La investigación subyacente del Departamento que llevó al acuerdo reveló que Fleetlogix requirió documentos específicos a individuos no ciudadanos de los EE. UU. que contaban con autorización para trabajar –lo cual vulnera la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés)– tales como Formularios I-94 (un registro de «llegadas y salidas» que el Departamento de Seguridad Nacional emite a ciertas personas no ciudadanas de los EE. UU. que puede ser utilizado, en ciertas circunstancias, para el Formulario I-9), Documentos de Autorización para Trabajar (a veces conocidos como «permisos de trabajo») o Tarjetas de Residencia Permanente (a veces conocidas como «tarjetas verdes») aunque estos individuos ya habían presentado otros documentos válidos para demostrar que tienen permiso para trabajar, como licencias de manejar y tarjetas de seguro social sin restricciones.
La disposición antidiscriminatoria de la INA prohíbe que los empleadores pidan documentos adicionales o diferentes a los que sean necesarios para demostrar la autorización para trabajar con base en el estatus migratorio o de ciudadanía del empleado o bien por su nacionalidad de origen. A su vez, en la INA, el Congreso determinó que todo individuo con autorización para trabajar, independientemente de su estatus de ciudadanía, puede elegir los documentos válidos y legalmente aceptables que desea presentar para demostrar su elegibilidad para trabajar en los Estados Unidos. No obstante, la INA sí permite que los empleadores rechacen documentos que no parecen ser genuinos.
Como parte del acuerdo, Fleetlogix pagará sanciones civiles a los Estados Unidos que ascienden a 627.000 $, creará un fondo de pagos retroactivos para compensar a aquellos individuos que perdieron trabajo a causa de la discriminación, capacitará a los empleados relevantes acerca de los requisitos de la disposición antidiscriminatoria de la INA y cambiará sus políticas y procedimientos.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas; y represalias o la intimidación.
Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio o de ciudadanía, o bien por su nacionalidad de origen, en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (p. ej. el Formulario I-9 e E-Verify) o sometidos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar la página web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery .
La División de Derechos Civiles quiere enterarse de más vulneraciones de derechos civiles. Miembros del público pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.
Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o llamar a la línea directa de la IER para trabajadores para pedir ayuda.
La Iniciativa para la Protección de Trabajadores en Este País, de la División de Derechos Civiles, se lanzó en el 2017 en la Sección de Derechos de Inmigrantes y Empleados y señala, investiga y (donde proceda) aplica medidas de cumplimiento a empleadores que intencionalmente discriminen a trabajadores en este país por motivos de su estatus de ciudadanía para dar preferencia a trabajadores temporales de visa. La IER ha llegado a numerosos acuerdos bajo la Iniciativa para la Protección de Trabajadores en Este País y empleadores han distribuido o acordado distribuir un total combinado de más de 1,2 millónes de dólares por concepto de pagos retroactivos a trabajadores afectadso en este país y sanciones civiles a los Estados Unidos. Estos acuerdos implican empleadores que fueron discriminatorios en su uso de los programas de visa de H-1B, H-2A y H-2B.
Eastern Iowa Podiatrist Sentenced in Opioid Diversion SchemeRead the Press Release
A podiatrist who wrote fraudulent hydrocodone prescriptions to acquaintances so that they would fill the prescriptions and give him pills was sentenced on November 6, 2020. Steven Walter Beevers, age 58, from Cedar Rapids, Iowa, was sentenced after pleading guilty to one count of acquiring a controlled substance by misrepresentation, fraud, deception, and subterfuge.
Beevers was a Doctor of Podiatric Medicine who owned Podiatry Associates PC, which had locations in Delaware, Jones, and Linn Counties, Iowa. In a plea agreement, Beevers admitted he wrote over 100 false, fictitious, and fraudulent prescriptions for hydrocodone between January 2016 and December 2018 to four acquaintances, including an employee and a neighbor. Beevers used his State of Iowa Board of Podiatry license to write the phony prescriptions on the false pretense that the hydrocodone was necessary for his acquaintances’ medical conditions. The acquaintances then filled the prescriptions, with health insurance paying for the costs except for co-pays that Beevers offered to cover, and then gave some or all of the hydrocodone to Beevers. Beevers made false statements about his conduct to the Iowa Board of Podiatry investigators after his scheme was discovered.
Beevers was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Beevers was sentenced to five years of probation, including six months of home confinement, and 100 hours of community service. He must also pay a $20,000 fine.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Drug Enforcement Administration and the Manchester Police Department. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 20-CR-36. Follow us on Twitter @USAO_NDIA.