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Thursday 24 September 2020
Syracuse Man Sentenced to 75 Months on Drug Trafficking ConvictionsRead the Press Release
SYRACUSE, NEW YORK – Theodore Fowler, age 33, of Syracuse, was sentenced today to serve 75 months in federal prison for his conviction for participating in a cocaine trafficking conspiracy, announced Acting United States Attorney Antoinette T. Bacon, Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), New York State Police Superintendent Keith Corlett, Sheriff Eugene Conway, Onondaga County Sheriff’s Office, and William J. Fitzpatrick, Onondaga County District Attorney. The defendant was also ordered to serve a three-year term of supervised release following his release from prison, and to forfeit $12,000 in proceeds from his drug trafficking activity.
Fowler was charged along with fourteen others in December 2018 for his role in the drug trafficking operation. All of the charged defendants pled guilty, and Fowler was the last to be sentenced. The other defendants were:
- Daitwaun Fair, 33, of Syracuse, sentenced to 102 months incarceration;
- Robert Payne, 39, of Ithaca, sentenced to 60 months incarceration;
- Margaret Bowman, 52, of Syracuse, sentenced to 15 months incarceration;
- Troy Jackson, 43, of Syracuse, sentenced to 46 months incarceration;
- Brian McAlpine, 31, of Syracuse, sentenced to 37 months incarceration;
- James Zupan, 60, of Syracuse, sentenced to 6 months incarceration;
- Marrell Edwards, 51, of Syracuse, sentenced to 48 months incarceration;
- Marcus Sales, 30, of Syracuse, sentenced to 6 months incarceration;
- Qualik Vaughn, 26, of Syracuse, sentenced to 66 months incarceration;
- Timothy Bowman, 33, of Syracuse, sentenced to 18 months incarceration
- Roosevelt Knight, 31, of Syracuse, sentenced to 33 months incarceration;
- Michael Starkey, 30, of Syracuse, sentenced to 61 months incarceration;
- Kenyatta Scott, 42, of Watertown, sentenced to 12 months incarceration;
- Rebecca Johnson, 42, of Watertown, sentenced to time served.
This case was investigated by the United States Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the New York State Police, the Onondaga County Sheriff’s Office, and the Onondaga County District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.
Suburban Manufacturer to Pay $1.7 Million Civil Penalty to SEC as Part of Resolution of Fraud Investigation by U.S. Attorney’s OfficeRead the Press Release
CHICAGO — Power Solutions International Inc., a suburban Chicago manufacturing company, has agreed to pay a $1.7 million civil penalty to the Securities and Exchange Commission and continue to cooperate with the government in a criminal prosecution of its former employees as part of a resolution of a fraud investigation by the U.S. Attorney’s Office.
PSI, which is based in Wood Dale, admitted in resolution documents that from 2014 to 2016, executives and other employees of the company participated in a scheme to defraud shareholders and other investors in connection with PSI’s common stock, which at the time was listed on the Nasdaq Stock Market. PSI admitted that during the scheme it fraudulently inflated by millions of dollars the revenue the company reported to the investing public in certain periods. In doing so, PSI admitted that it deceived the company’s shareholders and other investors about the company’s financial health and performance.
In addition to the $1.7 million civil penalty to the SEC, PSI previously agreed to pay $8.5 million to settle consolidated class action lawsuits brought by shareholders. The company will also strengthen its compliance program and provide periodic updates to the government on its progress.
The U.S. Attorney’s Office entered into a non-prosecution agreement to resolve this matter. In exchange for PSI’s fulfillment of its obligations under the agreement, the U.S. Attorney’s Office will not criminally prosecute the company for any of the conduct arising out of the corporate fraud investigation. The agreement does not relate to any potential tax charges. PSI’s obligations under the agreement, which has a term of three years, include continuing to provide cooperation in the criminal prosecutions of the company’s former executives. Former CEO Gary S. Winemaster, former vice president of sales Craig M. Davis, and former general manager James F. Needham were indicted last year on securities fraud and other charges. They have pleaded not guilty and are awaiting trial in federal court in Chicago.
The non-prosecution agreement with PSI was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois. The investigation was conducted by the Chicago Field Office of the FBI. The government is represented by Assistant U.S. Attorneys L. Heidi Manschreck and Corey B. Rubenstein.
Statement by Department of Justice Spokesperson Kerri Kupec on the Execution of Christopher Andre VialvaRead the Press Release
Department of Justice Spokesperson Kerri Kupec has issued the following statement:
“Today, Christopher Andre Vialva was executed at U.S. Penitentiary Terre Haute in accordance with the capital sentences recommended by a federal jury and imposed by the U.S. District Court for the Western District of Texas in 2000. Vialva was pronounced dead at 6:46 p.m. EDT.
In June 1999, Todd and Stacie Bagley — youth ministers from Iowa who had traveled to Texas to attend a church revival — agreed to give a ride to Vialva and several others. Once in the car, Vialva pointed a gun at Todd, and he and the others forced the couple into the trunk. Vialva drove around for several hours, stopping at ATMs to withdraw money from the couple’s bank account and trying to pawn Stacie’s wedding ring. While locked in the trunk, the couple spoke with their abductors about God and pleaded for their lives. Vialva eventually parked on the Fort Hood military reservation, where the co-conspirators doused the car with lighter fluid as the couple, still locked in the trunk, sang and prayed. After Stacie said, “Jesus loves you,” and “Jesus, take care of us,” Vialva shot both Todd and Stacie in the head — killing Todd and knocking Stacie unconscious. A co-conspirator then lit the car on fire, killing Stacie. A federal jury found Vialva guilty of, among other offenses, two counts of murder within the special maritime and territorial jurisdiction of the United States and unanimously recommended two death sentences, which the court imposed. His convictions and sentences were affirmed on appeal, and his requests for collateral relief were rejected by every court that considered them.
More than two decades after Christopher Andre Vialva brutally ended the lives of Todd and Stacie Bagley, justice has been served. Several family members and loved ones of the Bagleys witnessed today’s execution.”
Statement from U.S. Attorney Russell ColemanRead the Press Release
LOUISVILLE, Ky. – Federal law enforcement here in Louisville is sworn to protect First Amendment-protected speech, to include peaceful protest. A key provision of that constitutional right though, is to be “peaceable.” Shooting this city’s law enforcement officers, looting its businesses, and committing arson at the front door of its state courthouse is far from peaceable.
Louisville has endured enough loss of life; we are experiencing historic levels of murders and shootings of our neighbors. No one else in this community should face the loss of a loved one or destruction of their place of business. Cross the line from peaceful protest into federal criminal conduct that puts people at risk and we will do everything in our power to swiftly bring federal charges. If you use lawful protest as a cover to harm this city, be prepared to stare down a federal judge.
St. Croix Man Sentenced After Pleading Guilty to Failing to Register as Sex OffenderRead the Press Release
St. Thomas, USVI – Carl Nicholas Decicco, 35, of St. Croix, was sentenced today for failure to register as a sex offender, United States Attorney Gretchen C.F. Shappert announced.
District Court Judge Robert A. Molloy sentenced Decicco to 9 months and 2 weeks in federal prison followed by a period of supervised release, to include two weeks of home confinement, and ordered him to pay a $100 special assessment.
Decicco was convicted of first degree unlawful sexual contact on May 19, 2004 and was required to register as a sex offender as a result of that conviction. He was arrested after failing to update his information on the sex offender registry during a period from March 2018 to August 2019. Decicco pled guilty to the one-count indictment on December 9, 2019, and has been in custody since that time.
The case was investigated by the U.S. Marshals Service.South Carolina Man Sentenced in Federal Court in Maryland to 20 Years in Federal Prison for Charges Relating to A String of Armed Carjacking OffensesRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III today sentenced Quention Price, age 27, of Columbia, South Carolina, to 20 years in federal prison, followed by five years of supervised release, for two federal carjacking charges; for discharging a weapon during a crime of violence; and for using, carrying, and brandishing a firearm during a crime of violence, in connection with a carjacking and attempted carjacking committed on June 15, 2019, in the Inner Harbor area of downtown Baltimore.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Commissioner Michael Harrison of the Baltimore Police Department.
United States Attorney Robert K. Hur stated, “We are committed to working with our law enforcement partners to get guns out of the hands of violent criminals and off of our streets. Quention Price now faces 20 years in federal prison, where there is no parole—ever. Please, put down the guns and save a life—maybe even your own.”
“Carjacking is a senseless act of violence that has no place in our society,” said Jennifer C. Boone, Special Agent in Charge of the FBI Baltimore Field Office. “The FBI is committed to working closely with our federal, state and local partners to continue to bring justice to those who commit these violent crimes.”
According to his guilty plea, on the evening of June 15, 2019, Price stood in the middle of the street in Baltimore’s Inner Harbor region in front of a Honda Civic, forcing the vehicle to stop. Price approached the driver’s side door, telling the driver to “open the door” while pulling on the door handle. When the driver refused, Price became frustrated, walked to the front of the car, pulled out a handgun, and discharged two bullets in an attempt to take the vehicle. One of the bullets went through the front windshield of the car and lodged in the empty front passenger seat. The driver and his backseat passenger were able to get away in the car, successfully avoiding Price, who fled the scene.
As detailed in his plea agreement, while fleeing from the first carjacking, Price fired his weapon at a passing Subaru Outback station wagon. The bullet went through the hood of the vehicle, just below the front windshield. Price was then captured on surveillance video walking into the middle of Light Street, where he approached multiple cars and brandished his gun while pulling on the car door handles. At approximately 11:00 p.m. Price approached a BMW 325i, climbed onto the hood of the vehicle, and began striking the windshield with his gun, cracking the glass and punching a hole, all while screaming at the driver to “get out of the car.” Price then walked to the driver’s side, struck the driver in the face with the butt of his pistol through an open window, and pulled the victim out of the vehicle by her hair. After the driver and passenger had exited the car, Price drove the BMW northbound on Light Street towards the Inner Harbor, crashing the car a few blocks away. As a Baltimore Police officer responded, Price fell out of the car and moved toward the trunk, where he was immediately arrested. Officers recovered the gun, a .357 revolver, from behind the BMW, where Price was found when police arrived on the scene. The gun matched the description provided by the driver of the BMW and contained three spent shell casings in the cylinder, indicating that it had been fired three times. The driver and passenger of the BMW were brought to the scene and identified Price as the carjacker. Price was also subsequently heard on recorded jail calls admitting to carjacking vehicles and to firing his gun at the vehicles and their passengers.
United States Attorney Robert K. Hur commended the FBI and the Baltimore Police Department for their work in the investigation and thanked the Office of the State’s Attorney for Baltimore City for its assistance. Mr. Hur thanked Assistant U.S. Attorney Michael Goldsticker, who prosecuted the case.
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Shequille Carter Found Guilty on Drug Trafficking ChargeRead the Press Release
The United States Attorney for the District of Vermont announced that a federal jury in Rutland today found Shequille Carter, 27, of The Bronx, New York, guilty of possessing with intent to distribute heroin, fentanyl and 28 grams or more of cocaine base following a two-day trial. Chief Judge Geoffrey Crawford ordered that Carter, who has been detained since his arrest in January, remain in jail pending sentencing, which has not yet been scheduled.
Last September, a federal grand jury charged Carter in a one count indictment with possessing drugs with intent to distribute. Carter’s indictment stemmed from a car stop in Marshfield on August 21, 2019. Agents from the Drug Enforcement Administration and the Vermont State Police investigated a house in St. Johnsbury that was a known drug-trafficking location. Agents saw a car containing Carter and two others leave the St. Johnsbury residence. A state trooper stopped the car for a traffic infraction. During a search of the car’s interior, the trooper found about 290 bags of heroin laced with fentanyl and about 41 grams of crack cocaine. The drugs were recovered from a center console in the rear seat of the vehicle, where Carter had been sitting. Carter also had $3071 on his person. In Carter’s cellphone, investigators found text messages and other entries indicative of drug-trafficking.
Carter faces up to 40 years of imprisonment and a fine of up to $5 million. The actual sentence will be determined with reference to federal sentencing guidelines.
This was the first jury trial conducted in either federal or state court in Vermont since last March, when trials were suspended because of the pandemic.
Carter is represented by Assistant Federal Public Defender Elizabeth Quinn and Federal Public Defender Michael Desautels. The prosecutors are Assistant U.S. Attorneys Spencer Willig and Gregory Waples.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.
Sacramento Woman Sentenced to 4.5 Years in Prison for Identity Theft Involving a Rancho Cordova Veterinary ClinicRead the Press Release
SACRAMENTO, Calif. — Marie Antoinette Alcanter, 48, of Sacramento, was sentenced today to four and a half years in prison for access device fraud and aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, between December 2016 and March 2018, Alcanter worked with co-defendant Rose Marie Segale, 42, of San Jose, formerly of Sacramento, to obtain money and other things of value using victims’ identities. Segale used her employment at a veterinary clinic and her pet-sitting work to obtain victims’ personal and financial information, which she provided to Alcanter. Alcanter made purchases by drawing on victims’ existing accounts. She also applied for new accounts using victims’ identities and then made purchases and cash withdrawals using those fraudulent accounts. As a result of the conspiracy, Alcanter and Segale obtained at least $46,615 worth of items and cash.
Alcanter possessed a veterinary clinic statement for euthanasia and cremation of a dog, on which Segale had recorded the victim’s credit card number. Alcanter also used counterfeit driver’s licenses with victims’ names but with Alcanter’s photograph.
This case is the product of an investigation by the U.S. Postal Inspection Service. Assistant U.S. Attorney Miriam R. Hinman is prosecuting the case.
Segale previously pleaded guilty to access device fraud and aggravated identity theft, and she is scheduled to be sentenced on Nov. 5. She faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for the access device fraud offense, as well as a mandatory two-year prison term for the aggravated identity theft. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Roxbury Landlord Agrees to Settle False Claims Act AllegationsRead the Press Release
BOSTON – A Roxbury landlord has agreed to pay an $8,500 settlement to resolve allegations that he submitted false claims to the federal government after receiving impermissible water utility payments and excess rent from a low income tenant while participating in a federal housing subsidy program.
The Department of Housing and Urban Development (HUD) provides federal funding through the Federal Housing Choice Voucher program, commonly referred to as “Section 8,” to assist low income individuals in securing safe housing. HUD provides funding through vouchers that are administered by local public housing agencies. HUD pays the housing subsidy, which may cover all or a portion of a tenant’s monthly rent, including certain utilities, directly to the landlord. As a condition for receiving the housing subsidy, the landlord contractually agrees not to charge the Section 8 tenant rent in excess of the amount set by the public housing agency.
Despite this restriction, Flemin Ortiz allegedly demanded and received monthly water utility payments from a Section 8 tenant for over four and a half years between November 2014 and June 2019, and excess rent for four months between March and June 2019. The Section 8 tenant first raised this allegation in a lawsuit filed against the defendant under the qui tam, or whistleblower, provisions of the False Claims Act.
“The Section 8 program provides precious funding allowing low-income families to afford safe housing,” said United States Attorney Andrew E. Lelling. “We will hold accountable landlords who benefit from the program and then take advantage of their tenants.”
“This settlement is the latest example of our continued commitment to hold landlords accountable for actions that seek to enrich themselves at the expense of our poorest neighbors,” said Special Agent in Charge Christina Scaringi, U.S. Department of Housing and Urban Development, Office of Inspector General.
The False Claims Act allows private citizens with knowledge of fraud to bring civil actions on behalf of the government and to share in any recovery. The settlement agreement requires the defendant to pay $8,500 to the United States.
U.S. Attorney Lelling and HUD OIG SAC Scaringi made the announcement today. Assistant U.S. Attorney Steven Sharobem of Lelling’s Office handled the matter.
Revised Statement of U.S. Attorney Freed on Inquiry into Reports of Potential Issues with Mail-In BallotsRead the Press Release
HARRISBURG - On Monday, September 21, 2020, at the request of Luzerne County District Attorney Stefanie Salavantis, the Office of the United States Attorney along with the Federal Bureau of Investigation, Scranton Resident Office, began an inquiry into reports of potential issues with a small number of mail-in ballots at the Luzerne County Board of Elections.
Since Monday, FBI personnel working together with the Pennsylvania State Police have conducted numerous interviews and recovered and reviewed certain physical evidence. Election officials in Luzerne County have been cooperative. At this point we can confirm that a small number of military ballots were discarded. Investigators have recovered nine ballots at this time. Some of those ballots can be attributed to specific voters and some cannot. Of the nine ballots that were discarded and then recovered, 7 were cast for presidential candidate Donald Trump. Two of the discarded ballots had been resealed inside their appropriate envelopes by Luzerne elections staff prior to recovery by the FBI and the contents of those 2 ballots are unknown.
Our inquiry remains ongoing and we expect later today to share our up to date findings with officials in Luzerne County. It is the vital duty of government to ensure that every properly cast vote is counted.
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Rapid City Man Charged with Unlawful Possession of Firearm and Threats Against the PresidentRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person and Threats Against the President.
Lucian Celestine, age 29, was indicted on August 20, 2020, and September 17, 2020. Celestine appeared before U.S. Magistrate Judge Daneta Wollmann on September 11, 2020, and pleaded not guilty to the firearms charge. The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Celestine, a person prohibited from possessing firearms, acquiring and possessing a Browning bolt-action rifle, scope, and ammunition in late June of 2020 at Rapid City. Celestine later threatened to shoot the President of the United States by climbing Mount Rushmore and shooting the President from the top of the memorial during the Independence Day celebration. The charges are merely accusations and Celestine 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’ssignature 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 Pennington County Sheriff’s Office, the Rapid City Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the United States Secret Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Celestine was detained pending trial. A trial date has been set for November 17, 2020.
Pittsburgh Man Sentenced for Robbing Bank with a BB GunRead the Press Release
PITTSBURGH, PA – A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to time served in prison, five years supervised release, and 180 days of home detention with electronic monitoring on his conviction of armed bank robbery, United States Attorney Scott W. Brady announced today.
United States District Judge Marilyn J. Horan imposed the sentence on Lamar Sewell, age 39.
According to information presented to the Court, Sewell robbed the Key Bank, located at 217 N. Highland Avenue, Pittsburgh, PA 15206, with what appeared to be a black semi-automatic handgun but was later identified as a BB gun. A total of $1,198.00 was taken from the bank during this bank robbery. The Court was further informed that the money given to Sewell contained a GPS tracking device, which enabled law enforcement to ultimately locate Sewell.
After fleeing from the bank, Sewell was located driving a Honda Civic. Officers in a marked vehicle, activated their lights and sirens but Sewell refused to pull over. Eventually, he reached a dead end street. Sewell exited the vehicle and led law enforcement on a foot chase through Frick Park. Officers observed the mask, wig and BB gun inside of the vehicle.
Sewell was apprehended and taken into police custody. Once in custody, Sewell admitted to robbing the bank and apologized for scaring the victim tellers at the bank and the law enforcement officers and agents who chased him through Frick Park. Sewell explained that voices told him to rob the bank. Post-arrest, the Court was informed that Sewell was diagnosed with schizophrenia approximately 10 years ago and has had mental health issues since he was a teenager, including several commitments.
Prior to imposing sentence, Judge Horan explained that under ordinary circumstances, a substantial term of imprisonment would be warranted. The Court found Sewell’s case to be an exception, based primarily on his mental health status at the time of the offense and pre-sentence rehabilitation. The Court noted that Sewell’s current mental health treatment regimen, which includes a team of mental health professionals and counseling, coupled with his family’s support, has been effective over the last 18 months and is most likely to result in Sewell’s continued stability.
Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation and City of Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Sewell.
Pittsburgh Child Pornography Distributor Sentenced to More than 9 Years in PrisonRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 110 months’ imprisonment followed by 10 years of supervised release on his conviction for distributing material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.
United States District Judge Marilyn J. Horan imposed the sentence on Gary Whisner, 38.
According to information presented to the court, on August 5, 2017, Whisner distributed multiple videos containing material depicting the sexual exploitation of minors, including two females who were approximately 10 years-old. A subsequent search of Whisner’s electronic devices revealed approximately 10,700 images and 800 videos that depicted child pornography. Prior to imposing the sentence, Judge Horan referenced the seriousness of the offense and the number of victims in Whisner’s child pornography collection.
Assistant United States Attorney Mark V. Gurzo prosecuted this case on behalf of the government.
United States Attorney Brady commended Homeland Security Investigations and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Whisner.
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.justice.gov/psc.
Peter R. Galloway Receives 11 Years in Federal PrisonRead the Press Release
WILMINGTON, N.C. – A Wilmington, NC man was sentenced today to 132 months in prison for the distribution of a quantity of cocaine base (crack) and possession with the intent to distribute more than twenty-eight (28) grams of cocaine base (crack).
According to court documents, Peter R. Galloway, 34, sold a quantity of cocaine base (crack) to a confidential informant on July 9, 2019. The next day, law enforcement in Wilmington executed a search warrant on Galloway’s residence and found more than twenty-eight (28) grams of cocaine base (crack), drug paraphernalia, a digital scale and manufacturing materials that contained cocaine residue.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Terrence W. Boyle. The Wilmington Police Department and Drug Enforcement Adminstration investigated the case and Special Assistant U.S. Attorney Murphy Averitt prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:19-cr-00164-BO.
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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.
Petal Man Pleads Guilty to Role in 2016 Killing at Hattiesburg Mugshots RestaurantRead the Press Release
Hattiesburg, Miss. – James Windham, 24, of Petal, pled guilty today before Senior U.S. District Court Judge Keith Starrett to aiding and abetting the carrying and use of a firearm during a drug trafficking crime, resulting in the firearm being discharged, announced U.S. Attorney Mike Hurst and Special Agent in Charge Brad Byerley with the Drug Enforcement Administration (DEA).
On June 26, 2016, Windham and a co-defendant met with a third party at a Hattiesburg Mugshots restaurant in order to sell two ounces of marijuana. Windham brought his co-defendant along as an armed enforcer and as backup in case the drug deal turned sour. During the drug transaction, at least one firearm was discharged between Windham and his co-defendant, resulting in multiple rounds being fired and, ultimately, the death of the third party.
Following the shooting, Windham and his co-defendant fled from the scene, at which time they discarded the marijuana and all firearms associated with the shooting. Due to the diligent police work of the Hattiesburg Police Department, the marijuana and all firearms were recovered shortly after the shooting.
Windham and his co-defendant were charged in a federal criminal indictment on June 25, 2019. Windham will be sentenced by Judge Starrett on January 12, 2021 at 9:30 a.m. He faces a minimum of ten years and a maximum of life in prison.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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.
The Drug Enforcement Administration, Hattiesburg’s High Intensity Drug Trafficking Area Task Force, and Hattiesburg Police Department investigated the case. District Attorney Hal Kittrell and the 15th Circuit District Attorney’s Office were instrumental in guiding early investigative steps in the matter and involving federal partners. The case is being prosecuted by Assistant United States Attorney Andrew W. Eichner.
Pearl River County Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
Gulfport, Miss. – Nathanael Cecil Hall, III, 38, of Pearl River County, was sentenced today by U.S. District Judge Sul Ozerden to 6 months in federal prison, followed by 5 years of supervised release, for failing to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA), also known as the Adam Walsh Act, announced U.S. Attorney Mike Hurst and U.S. Marshal Mark Shepherd for the Southern District of Mississippi. Hall was also ordered to pay a $3100 fine and special assessment. Hall pled guilty before Judge Ozerden on June 18, 2020.
In 2006, Hall was convicted of “Possession of Photographs, Film or other Representation that Knowingly Includes Sexual Conduct of a Child” in Hillsborough County, Florida. As part of his sentence, Hall was required to register as a sex offender. He also was required to notify/register with Florida officials if he moved away from the State of Florida.
In March 2020, Hall, did not appear in person for his scheduled sex offender registration in Florida. In April 2020, the U.S. Marshals obtained information showing Hall had been in Picayune, Mississippi, during January and February 2020. On May 8, 2020, the United States Marshal’s Service Gulf Coast Regional Fugitive Task Force arrested Hall in Picayune.
U.S. Attorney Hurst commended the coordinated investigation conducted by the U.S. Marshals Service, the Mississippi Department of Public Safety, the Pearl River County Sheriff’s Department, the Florida Department of Law Enforcement, and the Hillsborough County Sheriff’s Department in Florida. The case was prosecuted by Assistant U.S. Attorney Stan Harris.
Over 300 People Facing Federal Charges for Crimes Committed During Nationwide DemonstrationsRead the Press Release
The Department of Justice announced today that more than 300 individuals in 29 states and Washington, D.C., have been charged for crimes committed adjacent to or under the guise of peaceful demonstrations since the end of May.
To date, of the 94 U.S. Attorneys’ Offices (USAOs), more than 40 USAOs have filed federal charges alleging crimes ranging from attempted murder, assaulting a law enforcement officer, arson, burglary of a federally-licensed firearms dealer, damaging federal property, malicious destruction of property using fire or explosives, felon in possession of a firearm and ammunition, unlawful possession of a destructive device, inciting a riot, felony civil disorder, and others. Violent opportunists have exploited these demonstrations in various ways.
Approximately 80 individuals have been charged with offenses relating to arson and explosives. Approximately 15 individuals have been charged with damaging federal property. In some instances, these individuals are alleged to have set fires to local businesses as well as city and federal property, which will regrettably incur millions of taxpayer dollars to repair damages to the Portland Courthouse, Nashville Courthouse, Minneapolis Police Third Precinct, Seattle Police East Precinct, and local high school in Minnesota; and, to replace police cruisers in South Carolina, Washington, Rhode Island, Georgia, Utah, and other states.
Corporate and local businesses were also targeted, including a Target Corporate headquarters in Minneapolis, Boost Mobile Store in Milwaukee, Champ Sports Store in Tampa, and local restaurants including a pizza parlor in Los Angeles and a sushi bar in Santa Monica. Through these acts, these individuals have shown minimal regard to their communities and for the safety of others and themselves.
In Washington, D.C., outside of the U.S. Supreme Court, a man was engulfed in flames after he poured a liquid from a gas can onto three U.S. Supreme Court Police vehicles; he suffered severe burns. In Virginia Beach, authorities identified a man who is alleged to have threatened to burn down an African American church.
Approximately 35 individuals have been charged with assaulting a law enforcement officer and related offenses. One of these cases was charged in Massachusetts; the rest of these individuals were charged in Oregon. The assaults have targeted local and federal law enforcement officers. In Portland, a man is alleged to have approached a U.S. Marshals Deputy from behind and struck the deputy in the upper back, neck, and shoulder with a wooden baseball bat; another man, allegedly assaulted a Deputy U.S. Marshal with an explosive device. In Boston, a man allegedly shot at least 11 times toward officers, including a deputized federal officer.
Approximately 30 individuals have been charged with offenses related to civil disorder. In several instances, these individuals leveraged social media platforms to incite destruction and assaults against law enforcement officers. In Cleveland, two Pennsylvania men are charged with driving to the city with the intent to participate in a riot and commit acts of violence. In their possession, authorities found a black backpack containing a hammer, two containers of Sterno Firestarter Instant Flame Gel, a can of spray paint, a glass bottle of liquor with a bar-style pour top, a Glock semi-automatic firearm and two magazines loaded with ammunition. In Knoxville, one individual allegedly instructed his social media followers to, “bring hammers bricks whatever you want.” The same defendant allegedly used a trashcan lid filled with an unknown liquid to strike a law enforcement officer in the head while the officer was seated in a police vehicle.
Charges have also been filed against individuals accused of committing burglary and carjacking. In Pittsburgh, two individuals allegedly attempted to burglarize a Dollar Bank. In Louisville, two individuals were charged with conspiracy to commit burglary involving controlled substances at a local Walgreens. Another Louisville individual was charged with carjacking; at the time of the carjacking, the individual was on a felony diversion as a result of a February 2020 conviction for charges that were initially filed as complicity to murder and complicity to robbery.
Several of these charges carry significant maximum prison sentences. For example, felony assault of a federal officer with a dangerous weapon is punishable by up to 20 years in prison. Arson is punishable by up to 20 years in prison with a mandatory minimum sentence of five years in prison.
The following agencies and U.S. Attorney’s offices have investigated these cases along with multiple federal, state and local law enforcement agencies: The FBI; U.S. Marshals Service; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and United States Attorneys’ Offices (including the District of Arizona, the Central District of California, the Northern District of California, the Southern District of California, the District of Colorado, the District of Columbia, the District of Delaware, the Middle District of Florida, the Northern District of Georgia, the Central District of Illinois, the Northern District of Illinois, the Southern District of Indiana, the Western District of Kentucky, the Middle District of Louisiana, the District of Maine, the District of Massachusetts, the District of Minnesota, the Eastern District of Missouri, the Western District of Missouri, the District of Nevada, the District of New Jersey, the Eastern District of New York, the Northern District of New York, the Southern District of New York, the Western District of New York, the Eastern District of North Carolina, the District of North Dakota, the Northern District of Ohio, the Southern District of Ohio, the District of Oregon, the Eastern District of Pennsylvania, the Western District of Pennsylvania, the District of Rhode Island, the District of South Carolina, the Eastern District of Tennessee, the Middle District of Tennessee, the Northern District of Texas, the Western District of Texas, the District of Utah, the Eastern District of Virginia, the Western District of Washington, the Eastern District of Wisconsin, and the Western District of Wisconsin).
The ATF and FBI continue to urge the public to report suspected arson, use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected], or submit information anonymously via ReportIt.com.
In addition to those who commit fires, the FBI is looking for people who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at FBI.gov/violence.
An indictment and criminal complaint merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Oregon Resident Charged with Unlawful Possession of AmmunitionRead the Press Release
SAN FRANCISCO – Timothy Daniel Raybould made an initial appearance today in federal court on a criminal complaint charging him with unlawful possession of ammunition, announced United States Attorney for the Northern District of California David L. Anderson and United States Postal Inspection Service Postal Inspector in Charge Rafael E. Nuñez. Raybould made his initial appearance in federal court today before U.S. Magistrate Judge Virginia K. DeMarchi.
According to the complaint, on July 31, 2020, Raybould, 27, a convicted felon from Oregon, was in the employees’ only parking lot of the Ukiah Post Office in Mendocino County. When three USPS employees asked Raybould to leave, Raybould became agitated and punched one of the USPS employees. While attempting to restrain Raybould, the three USPS employees and Raybould fell to the ground and landed on top of the employee who Raybould had punched. That employee suffered two fractured hips as a result of the altercation.
The postal workers were able to restrain Raybould until Mendocino County Sheriff’s Deputies arrived at the scene. The complaint further describes how a search of Raybould’s person revealed he had a Glock .40 caliber magazine loaded with 5 rounds of ammunition in the back pocket of his pants. A search of Raybould’s car, which was parked in the employees’ only parking lot, revealed a Glock 22 .40 caliber pistol.
A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Assistant U.S. Attorney Maya Karwande is prosecuting the case with the assistance of Ralph Banchstubbs. The prosecution is the result of an investigation by the United States Postal Inspection Service and the Ukiah Police Department.
Operation Legend: Case of the DayRead the Press Release
Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend. Today’s case is out of the Eastern District of Missouri. Operation Legend launched in St. Louis on Aug. 6, 2020, in response to the city facing increased homicide and non-fatal shooting rates.
United States vs. Andrew Sheperd
On Aug. 27, 2020, Andrew Sheperd was charged by a federal grand jury with being a felon in possession of a firearm, with being in possession of a firearm in furtherance of a drug trafficking offense, and possessing with intent to distribute fentanyl, heroin, and methamphetamine .
“This arrest spotlights the hard work and dedicated partnership between the men and women of the St. Louis Metropolitan Police Department, Homeland Security Investigations and other federal agencies,” said U.S. Attorney Jeffrey B. Jensen of the Eastern District of Missouri. “We share the mission of taking violent criminals off the streets and enhancing community-wide efforts to make St. Louis a safer place for all Missourians.”
According to the charging documents, on Aug. 21, 2020, law enforcement officers from the St. Louis Metropolitan Police Department (SLMPD) and Homeland Security Investigations encountered a 300 series BMW with an illegally tinted front windshield. As they investigated the vehicle, they discovered that the plate affixed to the BMW was registered to a Chevrolet. The officers then attempted to perform a traffic stop of the BMW, and, at first, the BMW appeared to be complying and pulling over, but then sped away at a high rate of speed. The BMW then crashed, and the driver, later identified as Sheperd, allegedly fled the scene of the wrecked vehicle on foot. The SLMPD officer pursued Sheperd and detained him a short distance away from where the vehicle crashed.
In the BMW, officers found a loaded .45 caliber Glock semiautomatic firearm on the driver’s floorboard of the vehicle. Additionally, officers found multiple baggies of white powder and dozens of capsules.
Because of a prior conviction punishable by more than one year in prison, Sheperd is prohibited from possessing a firearm.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Background on Operation Legend
Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.
President Trump promised to assist America’s cities that have been plagued by violence. In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence. Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.
Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020. As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime. The Department of Homeland Security is also contributing agents to these efforts in St. Louis.
Op End Game Defendant Sentenced for Seeking Sex with A Minor OnlineRead the Press Release
MACON – A defendant arrested during “Operation End Game,” a multi-agency effort targeting and arresting adult perpetrators in the Athens-area seeking sex with children, was sentenced to prison Wednesday, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia.
U.S. District Judge C. Ashley Royal sentenced John Wesley Ambrose, 36, from Watkinsville, Georgia to 46 months in prison, to be followed by ten years of supervised release, after pleading guilty to one count of use of facilities in interstate and foreign commerce to transmit information about a minor. Following his prison term, Ambrose will have to register as a sex offender. There is no parole in the federal system.
“We will prosecute those caught seeking to sexually exploit and abuse children to the fullest extent of the law,” said U.S. Attorney Charlie Peeler. “We are fortunate in Georgia to have a strong law enforcement network tracking down online predators and bringing them into custody. I want to thank our partner agencies for their work in Operation End Game.”
“Operation End Game” was a three-day proactive effort centered in Athens, Georgia in July 2019 to arrest adults communicating with children on-line and then traveling to meet them for the purpose of having sex. The cases were investigated by the U.S. Attorney’s Office for the Middle District of Georgia, the Georgia Internet Crimes Against Children (ICAC) Task Force, the Georgia Bureau of Investigation’s Child Exploitation and Computer Crimes Unit (CEACC), the Athens-Clarke County Police Department (ACCPD), the FBI and the Athens-Clarke County District Attorney’s Office. Assistant U.S. Attorney Lyndie Freeman is prosecuting 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. 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.
Northampton County Man Sentenced to Five Years for Using Drone to Harass Ex-Girlfriend, Illegally Possessing Bombs and GunsRead the Press Release
PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced that Jason Muzzicato, 43, of Bangor, PA, was sentenced to five years in prison and three years of supervised release by United States District Court Judge Joseph F. Leeson, Jr., for unlawfully possessing firearms and explosives, and using an unregistered drone aircraft to drop explosive devices in order to terrorize his victim, a former girlfriend, in and around Bangor, Northampton County.
In December 2019, the defendant pleaded guilty to possession of a destructive device, possession of firearms by a person subject to a domestic violence protective order, and knowingly operating an unregistered aircraft. The charges stem from Muzzicato’s possession of homemade bombs and firearms while subject to the terms of a Protection from Abuse (“PFA”) order issued by the Northampton County Court of Common Pleas on behalf of Muzzicato’s former girlfriend, and from his unlawful operation of an unmanned aerial vehicle (drone). Muzzicato was found to be in possession of a DJI, Model Phantom 3, unmanned aerial vehicle, seven improvised explosive devices and ten firearms, including multiple AR-15 rifles and semi-automatic pistols. Under federal law, an individual who is subject to a PFA order is prohibited from possessing these firearms.
“With this combination of homemade bombs, guns and a drone, this defendant terrorized an entire community,” said First Assistant U.S. Attorney Williams. “His blatant disregard for court orders, the law and others’ personal safety made him a true threat, and we are grateful to our law enforcement partners that Muzzicato was identified and arrested before anyone was physically hurt. Our Office will continue to work with our partners to ensure the security of our communities is not threatened by people who hide behind a remote control.”
The case was investigated by the Federal Bureau of Investigation, Allentown Resident Agency; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Allentown Field Office; the Department of Transportation, Office of Inspector General, Fort Washington Field Office; the Washington Township Police Department; the Pennsylvania State Police; and the City of Bethlehem Fire Department, and is being prosecuted by Assistant United States Attorney Kishan Nair.
Nevada Woman Indicted for Hiring Hitman on Darkweb to Kill Her Ex-HusbandRead the Press Release
SACRAMENTO, Calif. — Kristy Lynn Felkins, 36, of Fallon, Nevada, was indicted today for a murder-for-hire plot, U.S. Attorney McGregor W. Scott announced.
According to court documents, Felkins sent 12 bitcoin (valued at approximately $5,000 at the time) to a darkweb hitman website to have her ex-husband murdered. From February to May 2016, Felkins regularly communicated with the administrator of the site to pay and arrange for the murder of her ex-husband. When her ex-husband was traveling to Chico, Felkins gave the administrator the specific location of her ex-husband in an attempt to have him murdered. The website turned out to be a scam, and Felkins was not refunded the bitcoin she sent to the site, which is no longer in operation.
This case is the product of an investigation by the Northern California Illicit Digital Economy (NCIDE) Task Force, consisting of agents from Homeland Security Investigations (HSI), the Federal Bureau of Investigation, the United States Postal Inspection Service, and the Drug Enforcement Administration. The NCIDE Task Force is focused on targeting all forms of darkweb and cryptocurrency criminal activity in the Eastern District of California. The HSI Reno Field Office also assisted in this investigation. Assistant U.S. Attorneys Grant B. Rabenn and Paul Hemesath are prosecuting the case.
If convicted, Felkins faces a maximum statutory penalty of 10 years in prison. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Moss Point Man Sentenced to 7 Years in Prison for Brandishing a Firearm During RobberyRead the Press Release
Gulfport, Miss – Travis Marshawn Jones, Jr., 20, of Moss Point, was sentenced today by U.S. District Judge Sul Ozerden to 84 months in prison, followed by 5 years of supervised release, for brandishing a weapon in connection with a crime of violence, announced U.S. Attorney Mike Hurst and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
On January 7, 2020, Jones attempted an armed robbery of a Hardees Restaurant in Pascagoula, Mississippi. After Pascagoula Police officers responded to the robbery, Jones was taken into custody without incident.
Jones was charged in a federal criminal indictment and pled guilty before Judge Ozerden on June 18, 2020.
The case was investigated by the Bureau of Alcohol Tobacco and Firearms and prosecuted by Assistant U.S. Attorney John Meynardie.
Morgani Sentenced for Violating the Federal Gun Control ActRead the Press Release
NEW ORLEANS, LOUISIANA – MICHAEL MORGANI, age 33, a resident of New Orleans, was sentenced by United States District Judge Martin L.C. Feldman on September 23, 2020 for a conviction for being a felon in possession of a firearm, announced U.S. Attorney Peter G. Strasser.
According to court paperwork, MORGANI purchased two Extar semi-automatic pistols from an individual who he met on the Northshore. MORGANI brought them to a body shop in New Orleans, where they were later recovered by the New Orleans Police Department during the execution of a search warrant. MORGANI was prohibited from possessing firearms because of a prior felony conviction from Jefferson Parish for possession of heroin.
United States District Judge Martin L.C. Feldman sentenced MORGANI to (30) thirty months in the Bureau of Prisons to be followed by three years of supervised release. Additionally, MORGANI is required to pay a $100.00 special assessment fee.
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.
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. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Bureau of Alcohol, Tobacco, Firearms, and Explosives. For more information about Project Guardian, please see https://www.justice.gov/usao-edla/project-guardian.
This case was investigated by the New Orleans Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The prosecution is being handled by Assistant United States Attorney David Haller.
Morgani Sentenced for Violating the Federal Gun Control ActRead the Press Release
NEW ORLEANS, LOUISIANA – MICHAEL MORGANI, age 33, a resident of New Orleans, was sentenced by United States District Judge Martin L.C. Feldman on September 23, 2020 for a conviction for being a felon in possession of a firearm, announced U.S. Attorney Peter G. Strasser.
According to court paperwork, MORGANI purchased two Extar semi-automatic pistols from an individual who he met on the Northshore. MORGANI brought them to a body shop in New Orleans, where they were later recovered by the New Orleans Police Department during the execution of a search warrant. MORGANI was prohibited from possessing firearms because of a prior felony conviction from Jefferson Parish for possession of heroin.
United States District Judge Martin L.C. Feldman sentenced MORGANI to (30) thirty months in the Bureau of Prisons to be followed by three years of supervised release. Additionally, MORGANI is required to pay a $100.00 special assessment fee.
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.
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. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Bureau of Alcohol, Tobacco, Firearms, and Explosives. For more information about Project Guardian, please see https://www.justice.gov/usao-edla/project-guardian.
This case was investigated by the New Orleans Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The prosecution is being handled by Assistant United States Attorney David Haller.
More than 300 facing federal charges for crimes committed during nationwide demonstrationsRead the Press Release
WASHINGTON, D.C. -- The Department of Justice announced today that more than 300 individuals in 29 states and Washington, D.C., have been charged for crimes committed adjacent to or under the guise of peaceful demonstrations since the end of May.
To date, of the 94 U.S. Attorneys’ Offices (USAOs), more than 40 USAOs have filed federal charges alleging crimes ranging from attempted murder, assaulting a law enforcement officer, arson, burglary of a federally-licensed firearms dealer, damaging federal property, malicious destruction of property using fire or explosives, felon in possession of a firearm and ammunition, unlawful possession of a destructive device, inciting a riot, felony civil disorder, and others. Violent opportunists have exploited these demonstrations in various ways.
Approximately 80 individuals have been charged with offenses relating to arson and explosives. Approximately 15 individuals have been charged with damaging federal property. In some instances, these individuals are alleged to have set fires to local businesses as well as city and federal property, which will regrettably incur millions of taxpayer dollars to repair damages to the Portland Courthouse, Nashville Courthouse, Minneapolis Police Third Precinct, Seattle Police East Precinct, and local high school in Minnesota; and, to replace police cruisers in South Carolina, Washington, Rhode Island, Georgia, Utah, and other states.
Corporate and local businesses were also targeted, including a Target Corporate headquarters in Minneapolis, Boost Mobile Store in Milwaukee, Champ Sports Store in Tampa, and local restaurants including a pizza parlor in Los Angeles and a sushi bar in Santa Monica. Through these acts, these individuals have shown minimal regard to their communities and for the safety of others and themselves.
In Washington, D.C., outside of the U.S. Supreme Court, a man was engulfed in flames after he poured a liquid from a gas can onto three U.S. Supreme Court Police vehicles; he suffered severe burns. In Virginia Beach, authorities identified a man who is alleged to have threatened to burn down an African American church.
Approximately 35 individuals have been charged with assaulting a law enforcement officer and related offenses. One of these cases was charged in Massachusetts; the rest of these individuals were charged in Oregon. The assaults have targeted local and federal law enforcement officers. In Portland, a man is alleged to have approached a U.S. Marshals Deputy from behind and struck the deputy in the upper back, neck, and shoulder with a wooden baseball bat; another man, allegedly assaulted a Deputy U.S. Marshal with an explosive device. In Boston, a man allegedly shot at least 11 times toward officers, including a deputized federal officer.
Approximately 30 individuals have been charged with offenses related to civil disorder. In several instances, these individuals leveraged social media platforms to incite destruction and assaults against law enforcement officers. In Cleveland, two Pennsylvania men are charged with driving to the city with the intent to participate in a riot and commit acts of violence. In their possession, authorities found a black backpack containing a hammer, two containers of Sterno Firestarter Instant Flame Gel, a can of spray paint, a glass bottle of liquor with a bar-style pour top, a Glock semi-automatic firearm and two magazines loaded with ammunition. In Knoxville, one individual allegedly instructed his social media followers to, “bring hammers bricks whatever you want.” The same defendant allegedly used a trashcan lid filled with an unknown liquid to strike a law enforcement officer in the head while the officer was seated in a police vehicle.
Charges have also been filed against individuals accused of committing burglary and carjacking. In Pittsburgh, two individuals allegedly attempted to burglarize a Dollar Bank. In Louisville, two individuals were charged with conspiracy to commit burglary involving controlled substances at a local Walgreens. Another Louisville individual was charged with carjacking; at the time of the carjacking, the individual was on a felony diversion as a result of a February 2020 conviction for charges that were initially filed as complicity to murder and complicity to robbery.
Several of these charges carry significant maximum prison sentences. For example, felony assault of a federal officer with a dangerous weapon is punishable by up to 20 years in prison. Arson is punishable by up to 20 years in prison with a mandatory minimum sentence of five years in prison.
The following agencies and U.S. Attorney’s offices have investigated these cases along with multiple federal, state and local law enforcement agencies: The FBI; U.S. Marshals Service; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and United States Attorneys’ Offices (including the District of Arizona, the Central District of California, the Northern District of California, the Southern District of California, the District of Colorado, the District of Columbia, the District of Delaware, the Middle District of Florida, the Northern District of Georgia, the Central District of Illinois, the Northern District of Illinois, the Southern District of Indiana, the Western District of Kentucky, the Middle District of Louisiana, the District of Maine, the District of Massachusetts, the District of Minnesota, the Eastern District of Missouri, the Western District of Missouri, the District of Nevada, the District of New Jersey, the Eastern District of New York, the Northern District of New York, the Southern District of New York, the Western District of New York, the Eastern District of North Carolina, the District of North Dakota, the Northern District of Ohio, the Southern District of Ohio, the District of Oregon, the Eastern District of Pennsylvania, the Western District of Pennsylvania, the District of Rhode Island, the District of South Carolina, the Eastern District of Tennessee, the Middle District of Tennessee, the Northern District of Texas, the Western District of Texas, the District of Utah, the Eastern District of Virginia, the Western District of Washington, the Eastern District of Wisconsin, and the Western District of Wisconsin).
The ATF and FBI continue to urge the public to report suspected arson, use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected], or submit information anonymously via ReportIt.com.
In addition to those who commit fires, the FBI is looking for people who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at FBI.gov/violence.
An indictment and criminal complaint merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Mongolian Woman Charged with Violating Federal Immigration LawsRead the Press Release
PITTSBURGH, PA – A Mongolian woman residing in western Pennsylvania has been indicted by a federal grand jury in Pittsburgh on charges of violating federal immigration laws, United States Attorney Scott W. Brady announced today.
The two-count Indictment, returned on September 15, 2020 and unsealed yesterday following her arrest, named Idertsetseg Ragon, age 38, of Coraopolis, PA 15108, as the sole defendant.
According to Indictment presented to the court, Ragon is accused of the false swearing in immigration matters by making false statements with respect to material facts on an Application to Register Permanent Residence or Adjust Status and a Petition to Remove Conditions on Residence. The indictment alleges that Ragon stated she had never been arrested, cited, charged, indicted, convicted, fined or imprisoned for breaking or violating any law, which she knew was false, in that she had been indicted, cited and charged for intentionally causing severe bodily harm to others in Mongolia.
The law provides for a maximum total sentence of not more than 10 years in prison, a fine of not more than $250,000 or both, at each count. 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 Brian M. Czarnecki is prosecuting this case on behalf of the government.
The Pittsburgh Document and Benefit Fraud Task Force (DBFTF) conducted the investigation leading to the Indictment in this case. The Pittsburgh DBFTF is a multi-agency partnership established to focus on high-impact criminal investigations involving the use of fraudulent documents in furtherance of immigration benefit applications and petitions, financial fraud, criminal work-site enforcement, and public benefits fraud. The Pittsburgh DBFTF consists of the following agencies: Homeland Security Investigations, US Citizenship and Immigration Services, the Social Security Administration-Office of the Inspector General, the Internal Revenue Service-Criminal Investigations, US Department of State-Diplomatic Security Service (DSS), US Department of Agriculture-Office of the Inspector General, US Department of Labor-Office of the Inspector General, and the Pennsylvania Office of the Attorney General.
The case originated from the DSS Overseas Criminal Investigations office in Mongolia, part of DSS’ global investigative team that deters and dismantles transnational criminal organizations, as a result of a joint investigation with the Mongolian National Police Agency.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Middlesex County Man Charged with Defrauding the United States through Filing of False ClaimsRead the Press Release
TRENTON, N.J. – A Middlesex County, New Jersey, man was arrested today for his role in a scheme to defraud the IRS by making false claims for income tax refunds and conspiracy, U.S. Attorney Craig Carpenito announced.
Luis Crespo, 42, of Sayreville, New Jersey is scheduled to appear by this afternoon by video conference before U.S. Magistrate Judge Zahid N. Quraishi in connection with an indictment, unsealed today, that charges Crespo with conspiracy to defraud the United States with respect to claims and with filing false, fictitious and fraudulent claims.
According to documents filed in this case and statements made in court:
Crespo was allegedly part of a conspiracy led by Michael Watsey, who orchestrated a scheme to file false claims or cause the filing of false claims, namely the filing of 16 false tax returns in the years 2014 through 2017. Watsey created false Forms W2-G, which showed significant gambling winnings and Federal tax withheld. Participants in this scheme were Watsey, his family members, Crespo and other associates. Watsey filed or caused the filing of 16 false tax returns with false Forms W2-G, requesting a total of $3.9 million in false federal tax refunds with a total of $1.29 million actually being received. Crespo used false Forms W2-G created by Watsey in the filing of his 2016 and 2017 false tax returns. Those returns requested a total of $508,787 in false federal tax refunds with a total of $510,668 actually being paid by the IRS.
Watsey pleaded guilty before U.S. District Judge Anne E. Thompson on Jan. 3, 2020, and is scheduled to be sentenced Dec. 15, 2020.
The conspiracy count carries a maximum penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. The false, fictitious or fraudulent claims counts each carry a maximum penalty of five years in prison and a $250,000 fine, or twice the gross gain or loss from the offense.
U.S. Attorney Carpenito credited special agents of the IRS, under the direction of Special Agent in Charge Michael Montanez, with the investigation leading to the charges and arrest.
The government is represented by Senior Trial Counsel Jason M. Richardson of the U.S. Attorney=s Office Criminal Division in Camden.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Mexican National Sentenced to over a Year in Prison for Being an Alien Unlawfully in the United States in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — Ismael Huazo-Jardinez, 34, a Mexican citizen previously residing in Yuba City, was sentenced today by U.S. District Judge Morrison C. England Jr. to 15 months in prison for possessing a firearm while being an alien unlawfully in the United States, U.S. Attorney McGregor W. Scott announced.
Huazo-Jardinez pleaded guilty to the charge on May 7. According to court documents, Huazo-Jardinez is suspected of having been the driver in a fatal car accident in Sutter County that killed three people — the parents and one child of a family of four — when the vehicle crashed into their mobile home as they slept on May 4, 2019. Huazo‑Jardinez was arrested at the scene of the accident. Authorities impounded the vehicle, a Chevrolet Avalanche registered to Huazo‑Jardinez, and later recovered a handgun from the vehicle’s center console. A database query revealed that the handgun had been reported stolen in Boise, Idaho.
Huazo-Jardinez is a citizen and national of Mexico who has twice been removed from the United States and has not been granted permission to return. As an alien unlawfully in the United States, Huazo-Jardinez is prohibited by federal statute from possessing a firearm.
This case was the product of an investigation by the Federal Bureau of Investigation, the California Highway Patrol, Sutter County Sheriff’s Office, and U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations. Assistant U.S. Attorneys James Conolly and Shea Kenny prosecuted the case. The Sutter County District Attorney’s Office is prosecuting Huazo-Jardinez in the state case related to the May 2019 fatal car accident.
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.
Members of Cocaine and Fentanyl Conspiracy IndictedRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging nine members of a drug trafficking organization based out of Tampa (please see chart for details). The indictment also notifies the defendants that the United States intends to forfeit a firearm used in the offenses, and any monies traceable to the offenses.
According to the indictment, from November 2019 through September 10, 2020, the defendants conspired to distribute and possess with the intent to distribute five or more kilograms of cocaine and 400 grams or more of fentanyl. The indictment also charges several defendants with the distribution of fentanyl, possession of fentanyl with the intent to distribute it, possession of cocaine with the intent to distribute it, and possessing a firearm in furtherance of a drug trafficking crime.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration, the United States Postal Inspection Service, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Tampa Police Department, the Florida Highway Patrol, and the Hillsborough County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Charlie D. Connally.
This investigation is also the result of the Organized Crime Drug Enforcement Task Forces (OCDETF) program. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Defendant
(Age, Residence)
Charges
Maximum Penalties
Diego Perez Ortiz
(46, Tampa)
1) Conspiracy to distribute and possess with the intent to distribute 5 or more kilograms of cocaine and 400 or more grams of fentanyl
2) Distribution of fentanyl ( 4 counts)
3) Possession of 500 grams or more of cocaine with the intent to distribute
4) Possession of fentanyl with intent to distribute
1) Minimum mandatory of 10 years, and up to life, in federal prison
2) Maximum term of 20 years in federal prison, per count
3) Minimum mandatory term of 5 years, and up to 40 years, in federal prison
4) Maximum term of 20 years in federal prison
Ramon Alers Ramos
(45, Tampa)
Conspiracy to distribute and possess with intent to distribute 5 or more kilograms of cocaine and 400 or more grams of fentanyl
Minimum mandatory term of 10 years, and up to life in federal prison
Carlos Acosta Martinez
(46, Tampa)
Conspiracy to distribute and possess with intent to distribute 5 or more kilograms of cocaine and 400 or more grams of fentanyl
Minimum mandatory term of 10 years, and up to life in federal prison
Andres Garcia Quinones
(48, Caguas, Puerto Rico)
Conspiracy to distribute and possess with intent to distribute 5 or more kilograms of cocaine
Minimum mandatory term of 10 years, and up to life, in federal prison
Izamhomy Valverdi Caraballo
(34, Tampa)
Conspiracy to distribute and possess with intent to distribute 5 or more kilograms of cocaine
Minimum mandatory term of imprisonment of 10 years, and up to life, in federal priosn
Edwin Rivera Fonseca
(26, Tampa)
1) Conspiracy to distribute and possess with intent to distribute 5 or more kilograms of cocaine
2) Possession of 500 grams or more of cocaine with the intent to distribute
3) Possession of cocaine with the intent to distribute
1) Minimum mandatory term of 10 years, and up to life, in federal prison
2) Minimum mandatory term of imprisonment of 5 years, and up to 40 years, in federal prison
3) Maximum term of 20 years in federal prison
Antonio Rivera
(29, Tampa)
1) Conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine
2) Possession of 500 grams or more of cocaine with the intent to distribute
3) Possession of a firearm in furtherance of a drug trafficking crime
1) Minimum mandatory term of 5 years, and up to 40 years, in federal prison
2) Minimum mandatory term of 5 years, and up to 40 years, in federal prison
3) Minimum mandatory term of imprisonment of 5 years to run consecutive to any other term of imprisonment imposed up to life imprisonment
Kris Ralf Salvi
(27, Tampa)
Conspiracy to distribute and possess with intent to distribute fentanyl
Maximum term of 20 years in federal prison
Elleric Edwardo Alverio (41, Tampa)
1) Conspiracy to distribute and possess with intent to distribute fentanyl
2) Possession of fentanyl with the intent to distribute
1) Maximum term of 20 years in federal prison
2) Maximum term of 20 years in federal prison
Massachusetts Man Sentenced to 97 Months for Participating in Heroin and Fentanyl Distribution ConspiracyRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced today that Miguel Vasquez, 26, of Roxbury, Massachusetts, was sentenced to 97 months in federal prison for participating in a drug trafficking conspiracy.
According to court documents and statements made in court, from at least January of 2017 through July of 2017, Vasquez and others made deliveries of heroin and fentanyl to customers of a drug organization working out of a residence on Water Street in Lawrence, Massachusetts. Customers, including customers from New Hampshire, would call a telephone number to order drugs. Vasquez and others would then drive to locations in Methuen, Massachusetts and elsewhere to deliver the drugs to the customers.
Evidence in the case also indicated that the drugs distributed by this group resulted in at least one fatal fentanyl overdose in Portsmouth, New Hampshire.
Vasquez previously pleaded guilty on April 11, 2018. Two other members of the conspiracy were previously sentenced. Miguel Arias-Velasquez was sentenced to 48 months on August 17, 2018. Walker Manuel Moreta was sentenced to 96 months on November 25, 2019.
Vasquez also faces pending fentanyl trafficking charges in Norfolk County, Massachusetts.
“Interstate fentanyl and heroin trafficking continues to pose a significant threat to communities throughout New Hampshire,” said U.S. Attorney Murray. “Drug dealers have little regard for the lives they destroy by selling deadly substances like fentanyl and heroin. To protect public health and safety, we will continue to work closely with all of our law enforcement colleagues to identify, prosecute, and incarcerate drug dealers who do business in the Granite State.”
“Fentanyl is causing great damage to our communities,” said DEA Special Agent in Charge Brian D. Boyle. “DEA will continue to use every resource available to identify traffickers, like Mr. Vasquez who come from out of state to distribute this poison to the citizens of New Hampshire. Today’s sentence not only holds Mr. Vasquez accountable for his crimes but serves as a warning to those who are fueling the opioid epidemic.”
This matter was investigated by the DEA, with assistance from the Massachusetts State Police, the United States Marshals Service, the New Hampshire State Police, the Lawrence Police Department, the Portsmouth Police Department, the Dover Police Department, the Rockingham County Attorney’s Office, the Quincy, Massachusetts Police Department, and the Norfolk County District Attorney’s Office in Massachusetts. The case was prosecuted by First Assistant U.S. Attorney John J. Farley.
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Maryland Man Sentenced to Prison for Intentionally Damaging the Computers of His Former EmployerRead the Press Release
A Maryland man was sentenced by U.S. District Judge Catherine C. Blake today to 12 months and one day in federal prison, followed by three years of supervised release, for illegally accessing and damaging the computer network of his former employer. Judge Blake also entered an order requiring Stafford to pay restitution in the amount of $193,258.10 to his former employer.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Robert K. Hur for the District of Maryland; Special Agent in Charge Jennifer C. Boone of the FBI’s Baltimore Field Office and Deputy Inspector General Richard K. Delmar of the Department of the Treasury, Office of Inspector General made the announcement.
According to court documents and evidence presented at his four-day trial, from Jan. 5, 2004 through Aug. 6, 2015, Shannon Stafford, 50, of Crofton, Maryland, was employed in the information technology (IT) department at Business A, a global company with thousands of employees and offices around the world, including in Maryland and Washington, D.C. Stafford was employed in the Washington office and provided IT technical support to employees based at, or visiting, the Washington, McLean, Virginia, or Baltimore offices. As part of his duties, Stafford had access to the system login credentials of other employees and was authorized to use them in the course of performing his technical support duties. Stafford was also responsible for disabling company users’ network access credentials at the end of their employment. In 2014, Business A provided Stafford with a laptop to use for his work.
Witnesses testified that in 2014, Stafford was promoted to the managerial role of technical site lead for the Washington office. In March 2015, Stafford was demoted back to an IT support role, due to performance issues in his management position. Stafford’s performance issues continued and he was fired on Aug. 6, 2015. Stafford did not return the laptop he was previously provided by Business A.
The evidence proved that on the evening of Aug. 6, 2015, Stafford repeatedly attempted to remotely access Business A’s computer networks from his residence, using the company laptop. Stafford unsuccessfully attempted to access the company’s network approximately 10 times, using his own credentials and the credentials of a former co-worker, whom he had previously assisted. In the early morning hours of Aug. 8, 2015, Stafford successfully used the co-worker’s credentials and the company laptop to access, without authorization, the computer in the Washington office that had been located under his desk. Stafford used the Washington IT computer to execute demands to delete all of the file storage drives used by the Washington office, then changed the password to access the storage management system. The deletion of the files caused a severe disruption to the company’s operations and the loss of some customer and user data. Changing the password hindered the company’s efforts to determine what happened and restore access to its remaining files. As a result of the deletion of the network file storage drives, Washington users were unable to access their stored files for approximately three days, until the data could be restored from backups. Customer and user data that was not included in the most recent backup prior to Stafford’s deletion of the files was permanently lost.
On Aug. 11, 2015, Stafford unsuccessfully attempted to remotely access the company’s computer network from his home approximately 13 times, using credentials that were not his. On Aug. 13, 2015, a company representative spoke to Stafford and demanded that he cease and desist his attempts to unlawfully access Business A’s computer systems. The evidence showed that despite the Company’s demand, between Aug. 21 and Sept. 9, 2015, Stafford attempted to access the company’s network from his home approximately 17 times, using credentials that were not his. On Sept. 14, 2015, Stafford used the credentials of another former co-worker to access a network file storage system computer that he had been responsible for maintaining in the IT department of the company’s Baltimore office, intending to cause the same type of damage he did when he deleted the Washington office’s stored files. However, Stafford’s attempt failed because Business A had changed the password after Stafford’s attack on the Washington files.
The actual loss to Business A resulting from Stafford’s damage and attempted damage to their computer systems, including the cost of restoring the deleted systems, investigating what happened, and responding to the intrusion is at least $38,270. In addition, Business A incurred legal fees totaling $133,950.60 and a fee of $21,037.50 for a forensic investigation.
The FBI and Treasury OIG conducted the investigation. Trial Attorney S. Riane Harper of the Criminal Division’s Computer Crime and Intellectual Properties Section and Assistant U.S. Attorney Zachary A. Myers prosecuted the case.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Man who Swindled Schoolteacher out of Entire Retirement Savings Sentenced to PrisonRead the Press Release
Miami, Fl. – U.S. District Judge Raag Singhal has sentenced 61-year-old Michael Jerome Atkins, a former Florida resident, to five years in federal prison for defrauding a now 68-year-old former schoolteacher out of $425,447.14 -- all of her retirement money. The judge also ordered Atkins to pay that amount back to his victim, as restitution.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI, Miami Field Office, made the announcement.
According to court records, Atkins and his victim met while the victim was working as a schoolteacher. Atkins convinced her to retire, drain from her retirement account all of the money she had saved during years of work, and invest that money into Atkins’ Fort Lauderdale-based company -- All Points Aviation and Associates. Atkins promised the victim that he would use the money for his business and that he would repay her within two months. The victim agreed. In 2015, she directed her retirement account management company to disburse the money, which it did in three checks. Each check was made to the joint order of the victim and All Points Aviation and Associates. Without the victim’s authorization, Atkins had the largest check endorsed with the victim’s signature. All three checks were deposited into a bank account that he controlled. Atkins used the victim’s retirement money to pay for his own personal expenses and never repaid her. The retired schoolteacher had not heard from Atkins since 2016, when he left South Florida.
In March 2019, Atkins pled guilty to fraud and identity theft charges, admitting that he devised a scheme to defraud the victim of her entire retirement savings, over $400,000.
FBI Miami investigated the case. Assistant United States Attorney Lois Foster-Steers prosecuted it.
Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. The mission of the Department’s Elder Justice Initiative is to support and coordinate the Department’s enforcement and programmatic efforts to combat elder abuse, neglect and financial fraud and scams that target our nation’s seniors. To learn more visit https://www.justice.gov/elderjustice. The public is encouraged to report victimization and suspected fraud schemes by calling the National Elder Fraud Hotline at 1-833-FRAUD 11 (1-833- 372-8311).
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case no. 18-cr-60207.
Man from Red Valley, Arizona pleads guilty to involuntary manslaughter in DWI collisionRead the Press Release
ALBUQUERQUE, N.M. – Maroquez Clah, 28, of Red Valley, Arizona, and an enrolled member of the Navajo Nation, pleaded guilty September 21 to an indictment charging him with involuntary manslaughter.
Clah was arrested on Feb. 14 on an indictment charging him with involuntary manslaughter. During his plea hearing, Clah pleaded guilty to an indictment charging that he killed a victim, referenced in the indictment as John Doe, by driving carelessly, in willful disregard for the safety of others and likely to endanger a person or property, and under the influence of alcohol. He faces up to eight years in federal prison, followed by a term of supervised release to be determined by the court.
Clah remains on release pending sentencing. The court has not yet set a date for the sentencing hearing.
The FBI and the Navajo Division of Public Safety investigated this case. Assistant United States Attorney Novaline D. Wilson is prosecuting the case.
Man Pleads Guilty to Armed Carjacking at Local Car WashRead the Press Release
Memphis, TN – Carlos Jones, 21, has pled guilty to armed carjacking and brandishing a firearm during a crime of violence. D. Michael Dunavant, U.S. Attorney announced the guilty plea today.
According to information presented in court, on July 13, 2018, at approximately 9 p.m., the victim was washing his 2013 Volkswagen Passat at a local carwash on Holmes Road when approached by two suspects, both of whom pointed firearms and demanded his vehicle. The victim said one of the suspects pointed a gun at him from behind and said, "Get the hell away from the car and go."
Surveillance video showed the suspects entered the carwash in a white vehicle, exited the vehicle and approached the victim. Footage captured the victim's vehicle leaving the carwash, followed by the suspect's vehicle. The victim's vehicle was tracked by GPS and later recovered from an apartment complex in Southaven, Mississippi.
Fingerprints belonging to co-defendant Angelo Bunting, 22, were recovered from the interior of the vehicle. The victim positively identified both co-defendants as the suspects responsible for the carjacking.
On September 23, 2020, Jones entered a guilty plea to the charges of carjacking and brandishing a firearm during a crime of violence.
Jones’ sentencing is scheduled for January 7, 2021, before U.S. District Court Judge Mark S. Norris, where Jones faces up to 15 years on the carjacking charge, and a mandatory minimum consecutive sentence of 7 years for brandishing a firearm. Charges against Bunting are still pending. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said, "Armed carjacking is a cowardly act involving short sighted gain with long term consequences for both victims and offenders. When violent criminals act impulsively, we will respond deliberately with the full weight and force of federal sanctions to suppress, punish, and incapacitate."
The Memphis Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case.
Special Assistant U.S. Attorney Samuel D. Winnig and Assistant U.S. Attorney Elizabeth Rogers are prosecuting this case on behalf of the government. SAUSA Winnig is currently assigned from the Shelby County District Attorney General’s Office for prosecuting violent crimes and firearms offenses in federal court.
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Macy Man Sentenced for Interstate Domestic ViolenceRead the Press Release
United States Attorney Joe Kelly announced that Saville Thomas, age 18, was sentenced today by United States District Judge Brian C. Buescher to 60 months’ imprisonment for traveling to the Omaha Nation Indian Reservation and committing an act of domestic violence. Thomas will also serve three years of supervised release after he is released from prison. There is no parole in the federal system.
In February 2020, Thomas, of Macy, Nebraska, traveled and entered the Omaha Nation Indian Reservation and attempted to seize, abduct, or carry away, a minor female with whom Thomas had been in an intimate and dating relationship. Thomas entered a home through a window where the minor was sleeping, assaulted an occupant of the home, and then grabbed the minor by the hair, dragging her out of a window. Thomas was stopped from taking the minor when other occupants in the house heard the commotion and came to the victim’s aid.
This case was investigated by the Omaha Nation Law Enforcement Services and the Federal Bureau of Investigation.
MS-13 member who stabbed a victim to death, attacked another murder victim with machete, participated in shooting homicide of third victim pleads guiltyRead the Press Release
COLUMBUS, Ohio – A local man pleaded guilty in federal court in Columbus last evening to participating in a racketeering conspiracy in Columbus on behalf of the transnational criminal organization MS-13.
In his plea, Pedro Alfonso Osorio-Flores, 41, of Columbus, accepts responsibility for his role in the mid-2015 murder of Carlos Serrano-Ramos, the November 2015 murder of 17-year-old high school student Wilson Villeda, and the December 2016 murder of Salvador Martinez-Diaz.
Parties involved in Osorio-Flores’ case have recommended a sentence of 40 to 45 years in prison.
The defendant, also known as “Smokey,” is one of 23 members and associates of MS-13 in Columbus charged in a February 2018 second superseding indictment. He is the nineteenth defendant to plead guilty.
The defendants are charged in a racketeering conspiracy, which includes five murders as well as attempted murder, extortion, money laundering, drug trafficking, assault, obstruction of justice, witness intimidation, weapons offenses and immigration-related violations.
According to court documents, in summer 2015, Osorio-Flores and other conspirators beat and stabbed Serrano-Ramos to death before placing his body in a shallow grave in the woods in Innis Park.
In the murder of Wilson Villeda, Osorio-Flores and others attacked and killed the victim with a machete and buried his body in a shallow grave near Serrano-Ramos’s remains in Innis Park.
In December 2016, Osorio-Flores surveilled murder victim Martinez-Diaz at the Resolute Athletic Complex before following him home. He provided location updates to fellow MS-13 members so that they could shoot and kill the victim upon his arrival home.
Osorio-Flores pleaded guilty to one count of conspiracy to commit racketeering.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Rebecca Adducci, Detroit Field Office Director, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations; Franklin County Sheriff Dallas Baldwin; and Columbus Police Chief Thomas Quinlan announced the guilty plea entered before U.S. District Judge Edmund A. Sargus, Jr.
Deputy Criminal Chief Brian J. Martinez and Assistant United States Attorney Noah R. Litton are representing the United States in this case.
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Lowell Man Pleads Guilty to Conspiracy to Distribute FentanylRead the Press Release
BOSTON – A Lowell man pleaded guilty today in federal court in Boston to fentanyl conspiracy.
Jonathan Bermudez, 23, of Lowell, pleaded guilty to conspiracy to distribute and to possess with intent to distribute fentanyl and distribution and possession with intent to distribute 40 grams or more of fentanyl. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Jan. 13, 2021.
During the course of several months, using an undercover police officer, a federal investigation uncovered Bermudez’s fentanyl distribution operation. Although Bermudez was arrested on April 2, 2019, he connected the undercover police officer with his co-defendant so they could continue the fentanyl distribution operation.
The charge of distribution and possession with intent to distribute 40 grams or more of fentanyl carries a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. During the course of this investigation, valuable assistance was provided by Homeland Security Investigations in Boston, the Massachusetts State Police, and the Andover, North Andover, Billerica, Chelmsford, Lowell and Lawrence Police Departments. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Louisiana Man Sentenced to 3 Years in Prison for Conspiracy to Commit Health Care FraudRead the Press Release
Jackson, Miss. – Joseph L. Wiley, II, 51, of West Monroe, Louisiana, was sentenced today by U.S. District Judge Keith Starrett to 36 months in prison, followed by 3 years of supervised release, for conspiracy to commit health care fraud, announced U.S. Attorney Mike Hurst, Special Agent in Charge Michelle Sutphin with the Federal Bureau of Investigation in Mississippi, Acting Special Agent in Charge Andrew M. Thornton of IRS Criminal Investigation’s New Orleans Field Office, Special Agent in Charge Cynthia Bruce of the Defense Criminal Investigative Service’s Southeast Field Office, and Director Steven Maxwell with the Mississippi Bureau of Narcotics.
Wiley was also ordered to pay a $500,000 fine and forfeit $300,000 to the government.
In April 2019, Wiley pled guilty to helping Mississippi pharmacies submit millions worth of fraudulent claims to government health care programs through the use of his business, Affordable Medication Solutions, LLC (AMS). Wiley used AMS to create a program that allowed compound pharmacies to provide healthcare benefit programs documents showing co-payments had been paid on prescription medications when in fact, AMS did not make payments to the pharmacies for the co-payments. When a few of the compound pharmacies were audited, Wiley assisted those pharmacies by providing fictitious documents, including explanations of benefits and fake checks. Through AMS, Wiley facilitated the concealment of at least $56 million in fraudulent billings to health care benefit programs.
This case was investigated by FBI’s Jackson Field Office, Internal Revenue Service Criminal Investigation, Defense Criminal Investigation Service, and the Mississippi Bureau of Narcotics. It was prosecuted by Assistant Chief Dustin M. Davis and Trial Attorney Sara E. Porter and Katherine Payerle of the DOJ Criminal Division’s Fraud Section and Assistant U.S. Attorney Kathlyn R. Van Buskirk of the Southern District of Mississippi.
Louisiana Man Admits Illegally Accessing Thousands of Laboratory ReportsRead the Press Release
NEWARK, N.J. – A Louisiana man today admitted that he illegally accessed a healthcare company’s online portal and downloaded more than 60,000 laboratory reports belonging to more than 30,000 patients, U.S. Attorney Craig Carpenito announced.
David Manno, 35, of Marrero, Louisiana, pleaded guilty before U.S. District Judge Katharine S. Hayden in Newark federal court to an information charging him with exceeding authorized access to a protected computer.
According to documents filed in the case and statements made in court:
The victim was a publicly traded healthcare company with its headquarters in New Jersey. The company offered a web-based portal through which patients could access their medical and health information, schedule laboratory testing, track their healthcare provider information, maintain medical records, and pay for services. Patients were able to log in to the portal by using a unique username and password. In November 2016, Manno accessed the portal and sent requests that caused the portal to send him lab reports belonging to other patients. Manno sent more than 150,000 modified requests, causing the portal to send him more than 60,000 laboratory reports for more than 30,000 patients.
The charge of exceeding access to a protected computer is punishable by a maximum potential penalty of five years in prison and a fine of $250,000, or twice the gross profit or loss caused by the offense, whichever is greater. Sentencing is scheduled for Feb. 3, 2021.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark.
Local Pharmacist Sentenced to Prison for Unlawful Distribution of OxycodoneRead the Press Release
Tampa, Florida – United States District Judge Thomas Barber has sentenced Hong Truong (54, Dunedin) to 30 months in federal prison for the unlawful distribution of oxycodone outside the scope of professional practice. Truong was also ordered to pay a $500,000 criminal fine and a forfeiture money judgment in the amount of $766,819, representing the proceeds of her illegal drug distribution.
Truong had pleaded guilty on April 24, 2020.
According to the court documents, Truong was a licensed pharmacist who owned and operated HP Pharmacy in Pinellas Park. Under federal regulations, pharmacists registered with the Drug Enforcement Administration, such as Truong, are responsible for the proper prescribing and dispensing of controlled substance prescriptions. At HP Pharmacy, Truong filled Schedule II controlled substance prescriptions for oxycodone and hydromorphone that were outside the usual course of professional practice and not issued for a legitimate medical purpose. In connection with these prescriptions, Truong ignored and failed to resolve red flags in violation of her responsibility as a pharmacist. For example, in return for filling prescriptions for 30 mg of oxycodone and 8 mg of hydromorphone, Truong charged and only accepted cash in a higher-than-market per-pill price, usually $5 - $6 per pill. Truong ordered a much higher volume of opiates for HP Pharmacy inventory than the average orders for other pharmacies in Florida and across the United States.
Truong also filled prescriptions for “opiate naïve” patients (those who have never previously been prescribed opiates) without consulting with the prescribing physician or the patient as to the need and diagnosis for the prescription. Many of Truong’s opiate patients were young and healthy-looking and traveled far distances to Truong’s small pharmacy, usually after visiting a prescribing physician located in Tampa. Truong and the pharmacy tech she employed, Jessica Evans, falsely noted on the back of many prescriptions that the prescription had been verified with the prescriber’s office when such was not the case. For her role in the conspiracy, Evans was sentenced to 25 months in federal prison on August 27, 2020.
This case was investigated by the Drug Enforcement Administration and by the Opioid Fraud Abuse and Detection Unit at the United States Attorney’s Office which focuses on opioid-related fraud and abuse by medical and health care professionals who have contributed to the prescription opioid epidemic. The case was prosecuted by Assistant U.S. Attorneys Kelley Howard-Allen and Greg Pizzo.
Letter to Luzerne County Bureau of ElectionsRead the Press Release
Shelby Watchilla, Director of Elections of Luzerne County Bureau of Elections
Dear Ms. Watchilla:
On Monday, September 21, 2020, at the request of Luzerne County District Attorney Stefanie Salavantis, the Office of the United States Attorney along with the Federal Bureau of Investigation, Scranton Resident Agency, began an inquiry into reports of potential issues with a small number of mail-in ballots at the Luzerne County Board of Elections.
Since Monday, FBI personnel have conducted numerous interviews and recovered and reviewed certain physical evidence. While at this point the inquiry remains active, based on the limited amount of time before the general election and the vital public importance of these issues, I will detail the investigators’ initial findings.
The FBI has recovered a number of documents relating to military ballots that had been improperly opened by your elections staff, and had the ballots removed and discarded, or removed and placed separately from the envelope containing confidential voter information and attestation. Specifically, a total of nine (9) military ballots were discovered to have been discarded. Seven (7) of those ballots when discovered by investigators were outside of any envelope. Those ballots were all cast for presidential candidate Donald Trump. One (1) of those seven (7) ballots was able to be identified to an envelope that was recovered, and thereby potentially tied to a specific voter. Two (2) military ballots that had been discarded were previously recovered by elections staff, reinserted into what appeared to be their appropriate envelopes, and then resealed. Therefore, the votes cast on those two (2) ballots are unknown. Thus, is appears that three (3) of the nine (9) recovered ballots can be potentially attributed to specific voters. Six (6) of the ballots were simply removed and discarded, and cannot be attributed to a specific voter at this time.
In addition to the military ballots and envelopes that were discarded and recovered as detailed above, investigators recovered four (4) apparently official, bar-coded, absentee ballot envelopes that were empty. Two (2) of those envelopes had the completed attestations and signatures on the reverse side. One (1) envelope with a handwritten return address was blank on the reverse side. The fourth empty envelope contains basic location information and the words “affirmation enclosed” on the reverse side. The majority of the recovered materials were found in an outside dumpster.
As you know, the appropriate method for processing received military ballots is to securely store the ballot, unopened, until such time as ballot pre-canvassing can begin, which is in no event earlier than 7:00 a.m. on Election Day. Opening a military or overseas ballot, or an absentee or mail-in ballot for that matter, violates the controlling statutes and is contrary to Pennsylvania Department of State guidance. The preliminary findings of this inquiry are troubling and the Luzerne County Bureau of Elections must comply with all applicable state and federal election laws and guidance to ensure that all votes—regardless of party—are counted to ensure an accurate election count. Even though your staff has made some attempts to reconstitute certain of the improperly opened ballots, there is no guarantee that any of these votes will be counted in the general election. In addition, our investigation has revealed that all or nearly all envelopes received in the elections office were opened as a matter of course. It was explained to investigators the envelopes used for official overseas, military, absentee and mail-in ballot requests are so similar, that the staff believed that adhering to the protocol of preserving envelopes unopened would cause them to miss such ballot requests. Our interviews further revealed that this issue was a problem in the primary election--therefore a known issue--and that the problem has not been corrected.
While the assigned investigators are continuing their work including reviewing additional discarded materials, it is imperative that the issues identified be corrected. District Attorney Salavantis and I would be happy to meet with you at a mutually convenient time to discuss this matter. Please be assured that the investigators will carefully preserve all documents collected in connection with this investigation. Our goal, that I am sure you share, is to ensure that every properly cast ballot is counted.
Sincerely,
DAVID J. FREED
UNITED STATES ATTORNEY
cc: David Pedri, Luzerne County Manager
Tim McGinley, Luzerne County Council Chair
Stefanie Salavantis, Luzerne County District Attorney
Leader of Nationwide Credit Card Fraud Affecting Thousands of Account Holders Sentenced to 110 Months in PrisonRead the Press Release
NEWARK, N.J. – The leader of a multi-million dollar conspiracy that used stolen credit card account information to make fraudulent retail purchases around the country was sentenced today to 110 months in prison, U.S. Attorney Craig Carpenito announced.
Hamilton Eromosele, 29, previously pleaded guilty before U.S. District Court Judge William J. Martini to an information charging him with one count of conspiracy to commit bank fraud. Judge Martini imposed the sentence by videoconference today.
According to documents filed in this case and statements made in court:
From at least 2015 through 2018, Eromosele led a network of individuals, based in the New Jersey/New York area, who made short trips around the United States in order to use stolen credit card information to purchase gift cards, flights, hotels, rental cars, and other goods and services. Eromosele obtained stolen credit card information through the “dark web” and other sources, which he then provided to conspirators. Eromosele often recruited women via social media, with promises of easy profits, to fly to various locations to make fraudulent purchases. He collected his conspirators’ fraudulently purchased gift cards or luxury goods, sold them for cash, and dispersed a percentage of the proceeds to the conspirators.
Conspirators made trips to numerous other states – including Colorado, Pennsylvania, Oklahoma, Montana, Indiana, Ohio, Arizona, and Georgia – and made over $3.5 million in fraudulent purchases using over 4,000 stolen credit card accounts.
In addition to the prison term, Judge Martini sentenced Eromosele to three years of supervised release.
U.S. Attorney Craig Carpenito credited special agents of the U.S. Secret Service, under the direction of Special Agent in Charge Mark McKevitt, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Andrew Macurdy of the U.S. Attorney’s Office Criminal Division in Newark.
Laurel Man Indicted by Federal Grand Jury in Maryland for Receipt, Transportation, Distribution, and Possession of Child PornographyRead the Press Release
Greenbelt, Maryland – A federal grand jury returned an indictment charging Barry Thomas Goldsborough, age 52, of Laurel, Maryland, with receipt, transportation, distribution, and possession of child pornography. The indictment was returned on September 21, 2020, and unsealed yesterday at Goldsborough’s initial appearance in the U.S. District Court in Greenbelt. At that hearing, U.S. Magistrate Judge Charles B. Day ordered that Goldsborough be detained pending trial
The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; Colonel Woodrow W. Jones III, Superintendent of the Maryland State Police; and Interim Chief Hector Velez of the Prince George’s County Police Department.
According to the four-count indictment, on dates ranging from January 27, 2018 through November 19, 2019, Goldsborough received, transported, distributed, and possessed images documenting the sexual abuse of children. As stated during yesterday’s detention hearing, Goldsborough has two prior sex offense convictions involving minor children. Specifically, on April 12, 2005, Goldsborough was convicted in the District Court for Baltimore County, Maryland for possession of child pornography. While Goldsborough was on probation for the Baltimore County conviction, Goldsborough was then charged with, and later was convicted of, attempted enticement of a minor to engage in illegal sexual activity and possession of child pornography in the United States District Court for the Middle District of Tennessee. At the time of the alleged conduct in the four-count indictment, Goldsborough was on federal supervision for this last offense.
Due to Goldsborough’s prior sex offense convictions, if convicted of receipt, transportation, or distribution of child pornography, Goldsborough faces a mandatory minimum of 15 years and a maximum of 40 years in federal prison; and if convicted for possession of child pornography, faces a mandatory minimum of 10 years and a maximum of 20 years in federal 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.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended HSI, Maryland State Police Internet Crimes Against Children Task Force, and the Prince George’s County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Leah B. Grossi, who is prosecuting the federal case.
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Kern County Man Charged with Production, Distribution and Receipt of Child PornographyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a four-count indictment today against Andrew James Sarnowski, 22, of Rosamond, charging him with separate counts of production of child pornography and distribution of child pornography, and two additional counts of receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, Sarnowski produced multiple videos depicting the sexual abuse of a minor less than a year of age and shared them online through an encrypted social media application. Pursuant to a search of his residence, additional electronic devices belonging to Sarnowski were identified and found to contain hundreds of additional child pornography files, including those depicting pre-pubescent boys and girls being sexually abused.
This case is the product of an investigation by the Bakersfield, Lancaster, Ventura and Los Angeles Offices of the Federal Bureau of Investigation, as well as the Kern County Sheriff’s Office. Assistant U.S. Attorney Brian W. Enos is prosecuting the case.
If convicted of the production of child pornography charge, Sarnowski faces a mandatory minimum sentence of 15 years in prison and maximum statutory penalty of 30 years in prison, and a $250,000 fine. If convicted of the distribution of child pornography charge or either of the two receipt of child pornography charges, Sarnowski faces a mandatory minimum sentence of five years and maximum statutory penalty of 20 years in prison, and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about Internet safety education.
Justice Department Announces Results in Fight Against the Opioid Crisis Two Years after Launch of Operation S.O.S.Read the Press Release
In July 2018, the Department of Justice announced the launch of Operation Synthetic Opioid Surge (S.O.S), a program aimed at reducing the supply of synthetic opioids in 10 high impact areas and identifying wholesale distribution networks and international and domestic suppliers.
Two years ago, under Operation SOS, the U.S. Attorneys in 10 districts with some of the highest drug overdose death rates in the country each designated a county where they would focus on prosecuting every readily available case involving fentanyl, fentanyl analogues, and other synthetic opioids, regardless of the drug quantity.
Over these two years, Operation SOS has resulted in approximately 750 defendants being charged in federal court, with 384 of those defendants charged thus far in FY 20. Most importantly, the districts participating in the program have seen a decline in opioid overdoses. From 2017 to 2019, most SOS counties reported a decline of 14% to 24%. One notable success was in the Western District of Pennsylvania, where the opioid overdose rates declined by nearly 45%.
“The Justice Department’s commitment to fighting the opioids epidemic is stronger than ever, and we are using every tool in our arsenal to disrupt the supply of these drugs on our streets,” said Deputy Attorney General Jeffrey A. Rosen. “Operation SOS has had a significant positive impact on the communities where it is being employed. The Department will continue to build on these successes and work to stop the drug traffickers who so callously wreck lives.”
The 10 participating districts and some of their successes are listed below:
- The Eastern District of California has reported 60 active Operation S.O.S. investigations. Recently, the USAO charged one sentence-enhanced “death resulting” prosecution. In February 2020, another investigation resulted in the seizure of over 20,000 fentanyl-laced counterfeit oxycodone pills.
- The Eastern District of Kentucky reported that an SOS investigation led to a residential search warrant and seizure of more than 1,300 grams of fentanyl, more than 500 grams of methamphetamine, $15,000 cash, two firearms, and paraphernalia used to traffic narcotics including a device for pressing fentanyl into a brick-like shape.
- The District of Maine reported a July 2020 arrest of a defendant on charges of distributing counterfeit fentanyl pills marked as Percocet, in connection with a fatal fentanyl overdose that occurred in May 2020. In addition, a Maine man was sentenced in February 2020 to five years in prison for two counts of possession with intent to distribute fentanyl, in connection with an incident where the defendant was found in possession of fentanyl less than 24 hours after he was released on a state summons for possession of fentanyl.
- The District of New Hampshire reported the October 2019 arrest of a man on a warrant for distributing fentanyl. Manchester Police Detectives executed a search warrant on a local drug-house, where they located approximately 850 grams of methamphetamine and 56 grams of fentanyl, several assault-style rifles, a handgun, ammunition, scales, safes, cash, and cellphones.
- The Northern District of Ohio reported a 10-defendant wire case involving a drug trafficking organization (DTO) operating out of Elyria and Sandusky, Ohio. The DTO purchased kilogram quantities of cocaine and oxycodone pills. Co-conspirators would later cook the cocaine and sell it as crack to local dealers in Elyria. During the conspiracy, agents seized approximately ½ kilo of cocaine, 100 grams of crack, oxycodone pills, and five firearms.
- The Southern District of Ohio reported the arrest of an individual who had previously served a nine-year state prison sentence for drug trafficking. On Oct. 22, 2019, after law enforcement observed activity consistent with drug transactions, including the delivery of what appeared to be a kilogram of narcotics by a courier, members of the FBI Safe Streets Task Force executed a search warrant at a residence in Dayton, Ohio, where they located three firearms, 1,205 grams of methamphetamine, 1,716 grams of fentanyl, 305 grams of heroin, drug processing equipment, and 12 cellular telephones. One of the recovered cellular telephones contained photographs of multiple kilograms of fentanyl and communications with a narcotics supplier. Through subsequent investigation, law enforcement recovered an additional 19.5 kilograms of fentanyl/carfentanil.
- The Western District of Pennsylvania prosecuted 98 SOS cases thus far in FY 2020. Particularly noteworthy among them is the prosecution of Lynell Guyton. Guyton was convicted by a jury of conspiracy to distribute 100 grams or more of cyclopropyl fentanyl and other charges, including firearms and money laundering violations. Guyton, who had been receiving shipments of fentanyl analogues from China, is both a Career Offender and an Armed Career Criminal. The case gained media attention when, during the execution of a search warrant in connection with the charges, the conspirators tipped over a table, sending cyclopropyl fentanyl into the air, sickening several law enforcement officers on the scene.
- The Eastern District of Tennessee reported multiple cases arising out of a single investigation involving a drug trafficking organization responsible for trafficking heroin and fentanyl from Michigan to various communities in the Eastern District of Tennessee. 29 defendants have been indicted on various charges, including drug trafficking conspiracy, overdose death enhancements, money-laundering conspiracy, and various firearms offenses. More than 5.5 kilograms of heroin and/or fentanyl and 11 firearms were seized during the investigation.
- The Northern District of West Virginia reported a July 21, 2020, forty-four count indictment against 12 defendants. During the nearly yearlong investigation, law enforcement officers seized more than 280 grams of cocaine base and more than 40 grams of fentanyl from one of the defendant’s residences in Harpers Ferry, West Virginia. Throughout the investigation, officers seized more than 280 grams of fentanyl, acetyl fentanyl, and heroin; more than 350 grams of cocaine base; more than one kilogram of liquid PCP; various amounts of cocaine; five firearms; and over $28,000.
- The Southern District of West Virginia reported that after a three-day trial, a jury in the convicted Steven McCallister of distribution of fentanyl, possession with the intent to distribute fentanyl, being a felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking. Officers conducted a 50-gram purchase of heroin from McCallister, which then led to the execution of a search warrant at McCallister’s home. Officers seized over one kilogram of fentanyl and a firearm.
Jury Convicts Violent 11-Time Felon of Gun and Drug ChargesRead the Press Release
NORFOLK, Va. – A federal jury convicted a Norfolk man yesterday on all counts charged against him—two counts of being a felon in possession of a firearm, one count of possessing with intent to distribute cocaine, and one count of possessing firearms in furtherance of a drug-trafficking crime.
“Demetrius McGregor has a long record of violent gun crime in Hampton Roads,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Serial violent felons who continue to arm themselves are major drivers of the gun crime that plagues our communities, and we will continue to prioritize cases like this one. Additionally, I would like to commend all those involved in this jury trial given the unique challenges posed by COVID-19. Despite the many challenges posed by trying a case during a pandemic, the entire criminal justice system worked together to ensure this defendant had his day in court in front of a jury of his peers.”
According to court records and evidence presented at trial, on Oct. 6, 2017, Demetrius Antwon McGregor, 35, was arrested on a warrant in front of his apartment by members of the Norfolk Police Department Fugitive Unit and a Deputy U.S. Marshal. They recovered a loaded Sig Sauer handgun from his waistband. McGregor is an 11-time convicted violent felon, with prior convictions for both malicious and unlawful wounding, use of a firearm in commission of a felony, attempted robbery, and conspiracy to commit robbery as well as four convictions for maliciously shooting into an occupied vehicle.
“Firearms in the possession of a convicted felon are always a public safety concern, but especially so in the hands of a career criminal with nearly a dozen convictions for violent and lawless behavior,” said Ashan M. Benedict, Special Agent in Charge of ATF’s Washington Field Division. “This conviction on all charges confirms that repeated, unlawful behavior will not be tolerated and we are grateful to U.S. Attorney Terwilliger and our law enforcement partners in Hampton Roads for this successful outcome.”
Investigators obtained a search warrant for McGregor’s apartment, where he was staying with his mother, and found in the bedroom closet 18 bags of cocaine, two assault rifles, one of which was loaded and had been reported stolen, four additional large-capacity magazines, dozens of rounds of .45 and 9mm caliber ammunition, and two digital scales. The investigators also recovered from under the bedroom mattress a Sig Saur .45 caliber magazine designed for the gun taken from his waistband, two additional digital scales sitting out in the open on top of a cabinet, and shoes that McGregor had previously photographed himself wearing and had posted on his Facebook page along with multiple photos of himself standing in front of his residence months before the arrest and search. The .45 caliber ammunition from the closet and in the magazine under the mattress matched the brand of the ammunition in the handgun recovered from McGregor.
“Law enforcement must continue to surgically remove those from the streets that plague our communities surrounding gun crime across Hampton Roads,” said Larry D. Boone, Chief of Norfolk Police. “Additionally, we must not only target violent individuals, but we must also target those sources that afford violent felons to arm themselves in the first place, otherwise the measurable outcomes will be minimum.”
McGregor faces a minimum of five years and a maximum of life in prison when sentenced on Feb. 4, 2020. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
Assistant U.S. Attorneys William B. Jackson and Joseph E. DePadilla 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. 2:19-cr-34.
Judge sentences St. Louis man to 15 years in prison for robbing Papa John’s and Subway at gunpointRead the Press Release
ST. LOUIS, MO –Braylon Roberts, 23, of St. Louis, MO, was sentenced to 15 years in prison for his role in robbing Subway and Papa John’s and brandishing a firearm in furtherance of a crime of robbery. Roberts appeared in federal court today before United States District Judge John R. Ross.
According to court documents, on August 16, 2018, Roberts and co-defendant Terrance Cole entered the Subway restaurant located on Lewis and Clark Boulevard in Jennings, Missouri. Roberts displayed a handgun. Cole, who was carrying a backpack, walked to the cash register and directed a Subway employee to give him the money in the cash drawer. Upon entering the Subway, Roberts displayed a firearm and knocked a patron to the ground, causing injury to that victim. Roberts then followed Cole to the counter and pointed his firearm directly at the employee. The employee complied with the demand to give Cole money. Cole placed the money in the backpack, after which time Roberts and Cole left the Subway.
On August 18, 2018, Roberts and Cole entered a Papa Johns restaurant located on N. Tucker Boulevard in the City of St. Louis, Missouri. Roberts displayed a handgun as he entered the Papa Johns and ordered all of the patrons to the floor, dragging one of the patrons along the floor. Cole, carrying a backpack, approached the Papa Johns employee at the cash register and demanded money from the employee. The employee gave Cole the money from the cash drawer and he placed the money in the back pack.
When Roberts and Cole left the Papa Johns following the robbery, they entered a gold Nissan Maxima and departed the scene. The St. Louis Metropolitan Police Department (“SLMPD”) Real Time Crime Center was able to review surveillance video of the area surrounding the Papa Johns and capture a photo of the vehicle, including the license plate. On Sunday, August 19, 2019, SLMPD officers spotted the vehicle and stopped it for further investigation. The driver of the vehicle was the sister of Braylon Roberts. A consent search of the vehicle revealed Braylon Roberts’s identification card in the vehicle. Roberts was one of the perpetrators in the surveillance video of the Papa John’s robbery.
Co-defendant Terrance Cole was sentenced in February to 68 months in prison.
The St. Louis Metropolitan Police Department investigated this case. Assistant U.S. Attorney Allison Behrens prosecuted this case.
Jefferson Davis County Man Sentenced to over 10 Years in Prison for Drug DistributionRead the Press Release
Hattiesburg, Miss – Melvin “Dogman” Fairman, 36, of Prentiss, was sentenced today by U.S. District Judge Keith Starrett to 121 months in prison, followed by 5 years of supervised release, for possession with intent to distribute methamphetamine, announced U.S. Attorney Mike Hurst and Special Agent in Charge Brad Byerley with the Drug Enforcement Administration (DEA). Judge Starrett also ordered Fairman to pay a $9,000 fine.
On July 11, 2019, Fairman sold almost a half kilogram of methamphetamine in Jefferson Davis County, Mississippi for $3,300. The methamphetamine was sent to the DEA laboratory in Miami, Florida where the results revealed the methamphetamine was 89% pure.
Fairman pled guilty to possession with intent to distribute methamphetamine before Judge Starrett on June 22, 2020.
The case was investigated by the DEA and prosecuted by Assistant United States Attorney Shundral H. Cole.
Jason Galanis Sentenced in Manhattan Federal Court for Multiple Securities Fraud SchemesRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced that JASON GALANIS was sentenced to 189 months in prison for his participation in multiple fraudulent schemes. In particular, GALANIS was sentenced for his role in a scheme to manipulate the market for Gerova Financial Group, Ltd. (“Gerova”), a publicly traded company listed on the New York Stock Exchange, and defrauding the shareholders of that company (the “Gerova Scheme”), and for defrauding the clients of an investment advisory firm. GALANIS was also sentenced for his role in a scheme to defraud a Native American tribal entity and the investing public of tens of millions of dollars in connection with the issuance of bonds by the tribal entity (the “Tribal Bond Scheme”). GALANIS pled guilty on January 31, 2020, to a seven-count information charging GALANIS with participation in the Gerova and Tribal Bond Schemes. GALANIS was sentenced today by United States District Judge P. Kevin Castel. GALANIS had previously been sentenced, in February 2017, for his participation in the Gerova Scheme and, in August 2017, for his participation in the Tribal Bond Scheme, but those convictions were subsequently vacated.
Acting U.S. Attorney Audrey Strauss said: “Jason Galanis orchestrated two multimillion-dollar fraud schemes, and hid behind a team of co-conspirators to conceal his involvement and defy an SEC ban. He and his codefendants engaged in market manipulation and the defrauding of shareholders, and they stole a large portion of the proceeds of tribal bonds that were intended to fund economic development projects. Now Jason Galanis has been sentenced to a lengthy prison term that reflects the magnitude and pervasiveness of his crimes.”
According to the allegations contained in the Indictment[1] filed against JASON GALANIS and his co-conspirators and statements made in related court filings and proceedings:
The Gerova Scheme
From 2009 to 2011, GALANIS, along with his co-conspirators John Galanis, Gary Hirst, Derek Galanis, Ymer Shahini, and Gavin Hamels, engaged in a scheme to defraud the shareholders of Gerova and the investing public, by effecting securities transactions in Gerova stock for the purpose of conferring millions of dollars of undisclosed remuneration to GALANIS and his co-conspirators, without adequate disclosure of GALANIS’s role in directing the transactions or the benefits received by GALANIS and his co-conspirators.
As a part of the scheme to defraud, GALANIS obtained sufficient control over Gerova so as to be able to cause Gerova to enter into transactions of his design, and for his benefit, including the issuance of Gerova stock. GALANIS obtained this control without causing himself to be identified as an officer or director of Gerova so as to purport to abide by an SEC-imposed bar that forbade him from holding such positions at publicly traded companies. Among other means and methods, GALANIS, with the assistance of Hirst, caused over 5 million shares of Gerova stock, which represented nearly half the company’s public float and which were intended for GALANIS’s ultimate benefit, to be issued to and held in the name of Ymer Shahini, who knowingly served as a foreign nominee for GALANIS. GALANIS, John Galanis, Jared Galanis, Derek Galanis, Hirst, and Shahini understood that the purpose of the stock grant to Shahini was to disguise GALANIS’s ownership interest in the stock, and to evade the SEC’s regulations for issuing unregistered shares of stock.
At the same time, and as a further part of the scheme to defraud, GALANIS’s co-conspirators, with his knowledge and approval, opened and managed brokerage accounts in the name of Shahini (the “Shahini Accounts”), effected the sale of Gerova stock from the Shahini Accounts, and received and concealed the proceeds, knowing that this activity was designed to conceal from the investing public GALANIS’s ownership of and control over the Gerova stock.
GALANIS, among others, also fraudulently induced investment advisers, including Gavin Hamels, to purchase shares of Gerova stock in the investment advisers’ client accounts by offering compensation and/or other benefits to the respective investment adviser. By causing the purchase of Gerova stock at the time, quantity, and/or price of their choosing, GALANIS and others were able to, among other things, effectuate the sale of large quantities of Gerova stock from the Shahini Accounts that GALANIS controlled while artificially maintaining the price of Gerova stock through coordinated match trading. Such coordinated trading served to manipulate the market for Gerova stock and deceive the investing public. As a result, GALANIS and his co-conspirators reaped nearly $20 million in profits.
The Scheme to Defraud Clients of Investment Firm-1
From 2007 to 2010, GALANIS along with an investment adviser identified in the Information as “CC-2,” participated in a scheme to defraud the clients of CC-2’s investment advisory firm, identified in the Information as “Investment Firm-1.” Oftentimes in exchange for compensation from GALANIS, CC-2 caused Investment Firm-1 clients to invest in notes issued by entities associated with GALANIS.
When obligations owed by entities associated with GALANIS became due, CC-2 used client funds to purchase either notes issued by other entities associated with GALANIS or publicly traded shares held by such entities. The funds generated were then used to pay the original obligations owed to other Investment Firm-1 clients. Through these securities trades, funds in client accounts of one set of Investment Firm-1 investors were used to pay obligations owed to a different set of Investment Firm-1 investors by entities associated with GALANIS.
The Tribal Bond Scheme
From March 2014 through April 2016, GALANIS, along with his co-conspirators Gary Hirst, John Galanis, a/k/a “Yanni,” Hugh Dunkerley, Michelle Morton, Devon Archer, and Bevan Cooney, engaged in a fraudulent scheme to misappropriate the proceeds of bonds issued by the Wakpamni Lake Community Corporation (“WLCC”), a Native American tribal entity (the “Tribal Bonds”), and to use funds in the accounts of clients of asset management firms controlled by GALANIS and his codefendants to purchase the Tribal Bonds, which the clients were then unable to redeem or sell because the bonds were illiquid and lacked a ready secondary market.
Documents governing the Tribal Bonds specified that an investment manager would invest the proceeds of the Tribal Bonds in investments that would generate annuity payments sufficient to pay interest on the Tribal Bonds and provide funds to the WLCC to be used for tribal economic development purposes. In fact, none of the proceeds of the Tribal Bonds were turned over to the investment manager specified in the closing documents. Instead, significant portions of the proceeds were misappropriated by GALANIS and his codefendants for their own personal use.
Specifically, the proceeds of the Tribal Bonds were deposited into a bank account in the name of Wealth Assurance Private Client Corporation (“WAPCC”), an entity controlled by Dunkerley and Hirst. Dunkerley transferred more than $38 million from the WAPCC account to an account controlled by GALANIS, who then misappropriated more than $8.5 million of the proceeds for his personal use, including for expenses associated with his home, jewelry and clothing purchases, travel and entertainment, and restaurant meals.
There was no ready secondary market for the Tribal Bonds. Nonetheless, without prior notice to their clients, Morton and Hirst, acting at the direction of GALANIS, used funds belonging to clients of two related investment advisers, Hughes Capital Management, Inc. (“Hughes”), and Atlantic Asset Management, LLC (“Atlantic”), to purchase the Tribal Bonds, even though GALANIS, Hirst, and Morton were well aware that material facts about the Tribal Bonds had been withheld from clients in whose accounts they were placed, including the fact that the Tribal Bond purchases fell outside the investment parameters set forth in the investment advisory contracts of certain Hughes clients and of the Atlantic pooled investment vehicle in which the Tribal Bonds were purchased. When Hughes and Atlantic clients learned about the purchase of the Tribal Bonds in their accounts, several of them demanded that the Tribal Bonds be sold. However, because there was no ready secondary market for the Tribal Bonds, no Tribal Bonds have been sold from any Hughes or Atlantic client accounts. In addition, GALANIS and his codefendants failed to apprise clients of Hughes and Atlantic regarding substantial conflicts of interest with respect to the issuance and placement of the Tribal Bonds before the Tribal Bonds were purchased on these clients’ behalf.
In addition, a portion of the misappropriated proceeds was recycled and provided by GALANIS to entities affiliated with Archer and Cooney in order to enable Archer and Cooney to purchase subsequent Tribal Bonds issued by the WLCC. As a result of the use of recycled proceeds to purchase additional issuances of Tribal Bonds, the face amount of Tribal Bonds outstanding increased and the amount of interest payable by the WLCC increased, but the actual bond proceeds available for investment on behalf of the WLCC did not increase.
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In addition to the prison term, JASON GALANIS, 50, was sentenced to three years of supervised release. GALANIS was also ordered to forfeit $80,869,117.10, as well as his interest in properties in New York and Los Angeles, and to make restitution in the amount of $80,817,513.43.
Ms. Strauss praised the work of the U.S. Postal Inspection Service and the Federal Bureau of Investigation, and thanked the SEC.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Brian Blais, Rebecca Mermelstein, and Negar Tekeei are in charge of the prosecution.
[1] As to the defendants whose charges are still pending, as the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.