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Wednesday 23 September 2020
The Justice Department Unveils Proposed Section 230 LegislationRead the Press Release
Today, on behalf of the Trump Administration, the Department of Justice sent draft legislation to Congress to reform Section 230 of the Communications Decency Act. The draft legislative text implements reforms that the Department of Justice deemed necessary in its June Recommendations and follows a yearlong review of the outdated statute. The legislation also executes President Trump’s directive from the Executive Order on Preventing Online Censorship.
“For too long Section 230 has provided a shield for online platforms to operate with impunity,” said Attorney General William P. Barr. “Ensuring that the internet is a safe, but also vibrant, open and competitive environment is vitally important to America. We therefore urge Congress to make these necessary reforms to Section 230 and begin to hold online platforms accountable both when they unlawfully censor speech and when they knowingly facilitate criminal activity online.”
“The Department’s proposal is an important step in reforming Section 230 to further its original goal: providing liability protection to encourage good behavior online,” said Deputy Attorney General Jeffrey A. Rosen. “The proposal makes clear that, when interactive computer services willfully distribute illegal material or moderate content in bad faith, Section 230 should not shield them from the consequences of their actions.”
The Department of Justice is grateful to all the experts, victims’ groups, academics, businesses, and other stakeholders that have and continue to engage closely with the department during this process. The draft legislation reflects important and helpful feedback received thus far. The department is also grateful to our colleagues in Congress for their support on Section 230 reform and looks forward to continued engagement moving forward.
The Department of Justice’s draft legislation focuses on two areas of reform, both of which are, at minimum, necessary to recalibrate the outdated immunity of Section 230.
Promoting Transparency and Open Discourse
First, the draft legislation has a series of reforms to promote transparency and open discourse and ensure that platforms are fairer to the public when removing lawful speech from their services.
The current interpretations of Section 230 have enabled online platforms to hide behind the immunity to censor lawful speech in bad faith and is inconsistent with their own terms of service. To remedy this, the department’s legislative proposal revises and clarifies the existing language of Section 230 and replaces vague terms that may be used to shield arbitrary content moderation decisions with more concrete language that gives greater guidance to platforms, users, and courts.
The legislative proposal also adds language to the definition of “information content provider” to clarify when platforms should be responsible for speech that they affirmatively and substantively contribute to or modify.
Addressing Illicit Activity Online
The second category of amendments is aimed at incentivizing platforms to address the growing amount of illicit content online, while preserving the core of Section 230’s immunity for defamation claims.
Section 230 immunity is meant to incentivize and protect online Good Samaritans. Platforms that purposely solicit and facilitate harmful criminal activity — in effect, online Bad Samaritans — should not receive the benefit of this immunity. Nor should a platform receive blanket immunity for continuing to host known criminal content on its services, despite repeated pleas from victims to take action.
The department also proposes to more clearly carve out federal civil enforcement actions from Section 230. Although federal criminal prosecutions have always been outside the scope of Section 230 immunity, online crime is a serious and growing problem, and there is no justification for blocking the federal government from civil enforcement on behalf of American citizens.
Finally, the department proposes carving out certain categories of civil claims that are far outside Section 230’s core objective, including offenses involving child sexual abuse, terrorism, and cyberstalking. These amendments, working together, will be critical first steps in enabling victims to seek redress for the most serious of online crimes.
The Justice Department’s proposals are available here.
Texarkana Rapper “Band Aid” and Partner “Too Tall” Sentenced for Drug Crimes, Sing the BluesRead the Press Release
TEXARKANA, Texas – Two Bowie County, Texas, men have been sentenced for drug trafficking crimes in the Eastern District of Texas, announced U.S. Attorney Stephen J. Cox today.
Justin Rashad Young, a 31-year-old rapper and club promotor known as “Band Aid,” was found guilty on June 25, 2020, of conspiring with Joshea Cardwell to traffic methamphetamine and marijuana in Texarkana following a four-day jury trial before U.S. District Judge Robert W. Schroeder, III. Judge Schroeder sentenced Young to 140 months in federal prison.
Cardwell, a 30-year-old known as “Too Tall,” pleaded guilty on June 4, 2020, to conspiring with Young and to possessing a firearm in furtherance of their drug conspiracy. Judge Schroeder sentenced Cardwell to 130 months in federal prison.
According to information presented in court, on June 28, 2017, police found Young and Cardwell in the Magnuson Hotel near North State Line Avenue in Texarkana, Texas, with more than 400 grams of methamphetamine, 1.6 kilograms of marijuana, drug distribution materials, and a Taurus 9 mm pistol. Young had previously been shot at a drug house of his on Waterman Street in Texarkana, and on another occasion, was found in possession of marijuana after he left another drug house. Evidence recovered from Young’s cell phones and Facebook account revealed that Young regularly possessed firearms in connection with his drug business. At trial, a cooperating witness described how Cardwell and Young had been working together for months to sell methamphetamine and marijuana, which Cardwell was buying from California.
Young and Cardwell were indicted by a federal grand jury on Nov. 14, 2018, and again on July 24, 2019.
This case is a 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 un 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 is prosecuting this case with support from the following Project Guardian partners: Special Operations Division of the Texarkana Texas Police Department, the Texarkana office of the Texas Department of Public Safety, Criminal Investigation Division, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorneys Jonathan R. Hornok and Lucas R. Machicek.
More information about Project Guardian can be found at https://www.justice.gov/projectguardian.
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Tampa Felon Sentenced to More Than Six Years for Possession of A FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced Floyd C. Rivers (34, Tampa) to six years and five months in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Rivers to forfeit the firearm and ammunition used in the offense.
Rivers had pleaded guilty on June 25, 2020.
According to court documents, on October 22, 2018, officers with the Tampa Police Department were looking for Rivers in West Tampa to take him into custody on outstanding warrants. When the officers located and approached Rivers, he fled, throwing a bag over a nearby fence as he ran. The officers eventually apprehended Rivers and recovered a loaded pistol from the discarded bag.
Rivers has multiple prior convictions for narcotics-related felonies and is therefore prohibited from possessing a firearm or ammunition. He has a previous conviction for possessing a firearm as a convicted felon.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Callan Albritton.
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 and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.
St Louis Man Who Stole over $100,000 from Catholic School in Smithton Pleads Guilty in Federal CourtRead the Press Release
A former Illinois elementary school principal who embezzled over $100,000 from his own school has
been convicted of a federal felony. Roy Joseph Monti, 54, of St. Louis, Missouri, entered a guilty
plea this morning to a single count of transporting stolen money across state lines.According to court documents, Monti previously worked as the principal of St. John the Baptist
Elementary School in Smithton, Illinois. In a stipulation filed with the court, Monti admitted
stealing $113,061.87 from the school between March 2017 and November 2019. During that time, Monti
repeatedly withdrew cash from the school’s bank account for his own personal use. On many of the
withdrawal slips, Monti wrote a purportedly valid purpose for the withdrawal, but these
explanations turned out to be false and fraudulent. Instead, Monti simply kept the money for
himself. Because he lived in Missouri while working in Illinois, Monti often carried large amounts
of stolen cash across state lines.Sentencing is scheduled for Jan. 7, 2021 at 2:30 p.m. at the federal courthouse in East St. Louis,
Illinois. Monti’s sentence will be informed by the federal sentencing guidelines and federal law.
He could receive as much as ten years in prison and a fine of up to $250,000.This case resulted from a referral and investigation by the FBI, with significant assistance from
the Smithton Police Department. The case is being prosecuted by Assistant United States
Attorney Peter T. Reed.Spring Hill Man Pleads Guilty to Theft of Government FundsRead the Press Release
Tampa, Florida – David Naylor (58, Spring Hill) has pleaded guilty to theft of government funds. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Naylor engaged in a scheme to defraud the Department of Veterans Affairs (VA). In order to deceive and steal from the VA, Naylor made false representations regarding his physical limitations in connection with his application for VA Disability Compensation. Based on these false representations, the VA found that Naylor was entitled to Disability Compensation and other related benefits. In total, Naylor received $549,426.23 in VA benefits to which he was not entitled. Naylor also received $181,135.50 in Social Security Disability Insurance Benefits.
This case was investigated by the Department of Veterans Affairs, Office of Inspector General and the Social Security Administration, Office of the Inspector General. It is being prosecuted by Special Assistant United States Attorney Suzanne Huyler.
South Carolina Man Sentenced for Making a Bomb Threat to a Clinic and Lying to the FBIRead the Press Release
Jacksonville, FL - Rodney Allen, 43, of Beaufort, South Carolina, was sentenced today in federal court in Jacksonville, Florida, to 24 months in prison. Allen previously pleaded guilty to one count of intimidating and interfering with the employees of an abortion clinic by making a bomb threat and one count of making false statements to a Special Agent with the FBI.
“The Department of Justice will prosecute anyone who threatens to blow up people and places to the fullest extent of the law,” said Assistant Attorney General Eric Dreiband. “These kinds of ghastly criminal threats unlawfully and unjustly injure innocent people. Violence and threats of violence have no place in this country.”
“Threats of violence to healthcare facilities or their employees are serious matters,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “Thanks to the quick response and diligence by our local and federal law enforcement partners, this case was investigated thoroughly and brought to a successful conclusion.”
According to court documents, on Aug. 29, 2019, Allen called the clinic in Jacksonville, Florida, and said that someone was coming to blow it up. Allen made several other calls to the clinic that day in an attempt to interfere with its ability to provide services. Employees recognized Allen’s voice and were concerned that he would do something desperate, so they enlisted the help of a Jacksonville Sheriff’s Office officer to search the property. The FBI obtained toll records and subscriber information for the number used to make the bomb threat to the clinic and positively identified Allen as the caller. In a voluntary and surreptitiously recorded interview with the FBI, Allen falsely denied calling the clinic and stating that someone was coming to blow it up.
This case was investigated by the FBI’s Columbia and Jacksonville Divisions. Assistant U.S. Attorney Ashley Washington of the U.S. Attorney’s Office for the Middle District of Florida and Trial Attorneys Sanjay Patel and Anna Gotfryd of the Justice Department’s Civil Rights Division prosecuted the case.
South Carolina Man Sentenced for Making a Bomb Threat to a Clinic and Lying to the FBIRead the Press Release
Rodney Allen, 43, of Beaufort, South Carolina, was sentenced today in federal court in Jacksonville, Florida, to 24 months in prison. Allen previously pleaded guilty to one count of intimidating and interfering with the employees of an abortion clinic by making a bomb threat and one count of making false statements to a Special Agent with the FBI.
“The Department of Justice will prosecute anyone who threatens to blow up people and places to the fullest extent of the law,” said Assistant Attorney General Eric Dreiband. “These kinds of ghastly criminal threats unlawfully and unjustly injure innocent people. Violence and threats of violence have no place in this country.”
“Threats of violence to healthcare facilities or their employees are serious matters,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “Thanks to the quick response and diligence by our local and federal law enforcement partners, this case was investigated thoroughly and brought to a successful conclusion.”
According to court documents, on Aug. 29, 2019, Allen called the clinic in Jacksonville, Florida, and said that someone was coming to blow it up. Allen made several other calls to the clinic that day in an attempt to interfere with its ability to provide services. Employees recognized Allen’s voice and were concerned that he would do something desperate, so they enlisted the help of a Jacksonville Sheriff’s Office officer to search the property. The FBI obtained toll records and subscriber information for the number used to make the bomb threat to the clinic and positively identified Allen as the caller. In a voluntary and surreptitiously recorded interview with the FBI, Allen falsely denied calling the clinic and stating that someone was coming to blow it up.
This case was investigated by the FBI’s Columbia and Jacksonville Divisions. Assistant U.S. Attorney Ashley Washington of the U.S. Attorney’s Office for the Middle District of Florida and Trial Attorneys Sanjay Patel and Anna Gotfryd of the Justice Department’s Civil Rights Division prosecuted the case.
Smith County Man Sentenced in Counterfeit Immigration Documents ConspiracyRead the Press Release
TYLER, Texas –A 54-year-old Tyler, Texas man has been sentenced to federal prison for violations in the Eastern District of Texas, announced U.S. Attorney Stephen J. Cox today.
Jose Luis Marquez Rodriguez pleaded guilty on Oct. 1, 2019 to conspiracy to produce, transfer, and forge false identification documents and was sentenced to 30 months in federal prison today by U.S. District Judge Jeremy D. Kernodle. Marquez Rodriguez also forfeited five firearms and ammunition; a computer and three printers; approximately $30,000 in cash; and two pieces of real property in Flint, Texas. Marquez Rodriguez also agreed to a money judgment in the amount of $308,961.09, which represents the proceeds from his criminal conduct.
According to information presented in court, beginning in April 2009, Marquez Rodriguez was involved in a conspiracy to produce and sell fictitious U.S. identification documents to others. The false documents included U.S. Social Security cards and Permanent Residence cards. Marquez Rodriguez admitted to being personally responsible for the transfer of over 100 false identification documents as part of this conspiracy. Marquez Rodriguez was indicted by a federal grand jury on April 23, 2019.
This case was investigated by the Federal Bureau of Investigation, Smith County Sheriff’s Office, U.S. Drug Enforcement Administration, U.S. Immigration and Customs Enforcement, and Texas Department of Public Safety. This case was prosecuted by Assistant U.S. Attorney Alan R. Jackson.
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San Marino Man Accused of Truck Attack on Pasadena Protesters Arrested on Charge of Illegally Obtaining and Transporting FirearmsRead the Press Release
LOS ANGELES – A San Gabriel Valley man who allegedly drove his truck into a crowd of peaceful demonstrators on May 31 in Pasadena was arrested today on a federal criminal complaint charging him with conspiring to violate firearms laws.
Benjamin Jong Ren Hung, 28, of San Marino, is charged with one count of conspiracy to transport firearms across state lines and to make a false statement in acquisition of firearms.
At his initial appearance this afternoon in United States District Court, Hung was ordered detained pending a Monday hearing to determine his bail status. Hung’s arraignment is scheduled for October 15.
According to an affidavit filed with the complaint, Pasadena Police officers arrested Hung on May 31 after he intentionally drove his pickup truck into a crowd of protesters demonstrating in Old Town Pasadena. The crowd scattered as the truck approached, and no injuries were reported in the incident, the affidavit states.
During a search of Hung’s truck on May 31, police found a loaded semiautomatic handgun, multiple high-capacity magazines loaded with ammunition, an 18-inch machete, $3,200 in cash, a long metal pipe, and a megaphone, according to the affidavit.
Hung allegedly acquired the firearm from a friend who purchased it for him in Oregon and then transported it to California. When the friend purchased the firearm, he falsely represented that he was the actual transferee of the gun, rather than Hung, the affidavit states. Hung and his friend then allegedly conspired to transport the firearm to California, where Hung kept the firearm at his San Marino home prior to bringing it to the May 31 demonstration.
The affidavit further alleges that in March Hung purchased at least three additional firearms in Oregon and then transported them to California. He also allegedly amassed other firearms and tactical equipment from suppliers throughout the United States and used his family’s vineyard in Lodi, California as a training camp to prepare to engage in civil disorders.
A complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
If convicted, Hung would face a statutory maximum sentence of five years in federal prison.
This matter was investigated by the FBI’s Los Angeles Joint Terrorism Task Force and Civil Rights squads and the Pasadena Police Department.
This case is being prosecuted by Assistant United States Attorneys Frances S. Lewis of the Public Corruption and Civil Rights Section, and David T. Ryan of the Terrorism and Export Crimes Section.
Romanian National Sentenced to 33 Months in Prison for Role in ATM Skimming ConspiracyRead the Press Release
TRENTON, N.J. – A Romanian national was sentenced today to 33 months in prison for his role in a conspiracy to steal bank account information from thousands of customers by installing secret card-reading devices and pinhole cameras on ATMs throughout New Jersey and elsewhere, U.S. Attorney Craig Carpenito announced.
Lucian Burulea, 34, previously pleaded guilty to conspiracy to commit bank fraud. U.S. District Judge Peter G. Sheridan imposed the sentence this afternoon in Trenton federal court.
According to documents filed in this case and statements made in court:
Burulea admitted he was part of an ATM skimming scheme that stole bank account information by installing hidden card-reading devices on ATMs throughout northern and central New Jersey. Burulea previously acknowledged that he and his conspirators created bank cards using the fraudulently obtained account information, which they used to unlawfully withdraw large amounts of cash from various ATMs. The scheme, which involved actual and attempted losses of more than $1.5 million dollars, affected over 1,000 bank customers.
In addition to the prison term, Judge Sheridan sentenced Burulea to three years of supervised release and ordered him to pay $265,957 in restitution.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr.; detectives with the Middlesex County Prosecutor’s Office, under the direction of Prosecutor Yolanda Ciccone; and detectives with the Woodbridge Police Department, under the direction of Police Director Robert Hubner, with the investigation.
The government is represented by Assistant U.S. Attorney Shawn Barnes of the U.S. Attorney’s Office OCDETF/Narcotics Unit in Newark.
Rochester Man Pleads Guilty to Selling Fentanyl and Crack CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Blackshear, 37, of Rochester, NY, pleaded guilty before U.S. District Judge Richard J. Arcara, to conspiracy to possess with intent to distribute, and to distribute, acetyl fentanyl, fentanyl, and crack cocaine. The charges carry a maximum penalty of 20 years in prison, a $1,000,000 fine, or both.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on January 2, 2019, members of the Southern Tier Regional Drug Task Force made a controlled purchase of crack cocaine from the defendant and co-defendant Tracy Griffin. Then, on January 22, 2019, members of the task force made a controlled purchase of crack cocaine and heroin from the defendant Blackshear and Griffin.
Tracy Griffin was previously convicted and is awaiting sentencing.
The plea is the result of an investigation by the Bureau of Indian Affairs, under the direction of Jason Thompson, Associate Director of the Office of Justice Services; the Southern Regional Drug Task Force, under the direction of the Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for October 29, 2020, at 12:30 p.m. before Judge Arcara.
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Rochester Man Going to Prison for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Vincent Colunga, 28, of Rochester, NY, who was convicted of possession of child pornography, including prepubescent images, was 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between September 25 and October 24, 2018, the defendant utilized a peer-to-peer file sharing network to obtain and share images of child pornography. On October 24, 2018, investigators executed a search at his residence and seized numerous electronic devices, which contained at least eight videos and several images of child pornography, including images of prepubescent children and violence.The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
# # # #Restaurant Owners Charged with Tax Offenses and Other CrimesRead the Press Release
CAMDEN, N.J. – The owners of several South Jersey restaurants have been charged with harboring illegal aliens, tax offenses, making false statements to investigators and conspiracy, U.S. Attorney Craig Carpenito announced.
Ali Sher Khan, 51, of Haddon Township, New Jersey, and Ali Khan, 48, of Clementon, New Jersey, are charged in an indictment that was unsealed today.
Ali Sher Khan is charged with one count of conspiracy to evade income taxes; 20 counts of failing to collect, account for, and pay over payroll taxes for corporate entities of two Crown Fried Chicken restaurants; three counts of income tax evasions for years 2014 through 2016; one count of harboring illegal aliens; one count of unlawful employment of aliens; and one count of making false statements to the IRS and FBI. He made his initial appearance today before U.S. Magistrate Judge Joel Schneider and was released on $250,000 unsecured bond.
Ali Khan is charged with one count of conspiracy to evade income taxes; 10 counts of failing to collect, account for, and pay over payroll taxes for corporate entities of two Crown Fried Chicken restaurants; three counts of income tax evasion for the years 2014 through 2016; one count of harboring illegal aliens; and one count of unlawful employment of aliens. He will make his initial appearance at a future date.
According to documents filed in this case and statements made in court:
Ali Sher Khan and Ali Khan, along with others, operated two Crown Fried Chicken restaurants in Camden. Ali Sher Khan and other individuals also operated a Crown Fried Chicken restaurant in Burlington Township, New Jersey.
Ali Sher Khan, Ali Khan and their conspirators allegedly employed illegal aliens at the restaurants. Those employees were paid in cash, and Ali Sher Khan and Ali Khan failed to deduct payroll taxes from the employees’ pay, as required by law. When Ali Sher Khan and Ali Khan caused payroll tax forms to be filed with the IRS, those forms did not accurately reflect the number of employees working the restaurant. Ali Sher Khan and Ali Khan failed to pay over to the IRS the correct amount of payroll taxes. They under-reported $1,055,498 in payroll taxes for the two Camden restaurants and $648,837 in payroll taxes for the Burlington restaurant, causing a tax loss to the government of $308,742. Ali Sher Khan and one of his other business partners allowed the illegal alien employees to live in residences that they owned, and they did not report the rent paid by the employees on their business or personal income tax returns.
From 2013 to 2016, Ali Sher Khan and Ali Khan took substantial amounts of cash out of the businesses and did not report it on their income tax returns. Ali Sher Khan did not disclose to the IRS on his personal tax return $831,517 in income from the Crown Fried Chicken restaurants, causing a tax loss of $252,131. Ali Khan did not report or otherwise disclose to the IRS on his personal tax return $394,894 in income from the Crown Fried Chicken restaurants, causing a tax loss of $113,836.
When Ali Sher Khan was questioned by special agents of the IRS and the FBI, he falsely denied operating the Crown Fried Chicken businesses, hiring or firing the employees at these businesses, and signing any tax documents related to the businesses. He also falsely stated that he never supplied information to the businesses’ account for the tax returns.
The conspiracy count, tax evasion counts, failing to collect, account for, and pay over payroll taxes count, and false statements count 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. The harboring illegal aliens 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 unlawful employment of aliens count carries a maximum penalty of six months in prison and a $3,000 fine.
U.S. Attorney Carpenito credited special agents of the IRS - Criminal Investigation under the direction of Special Agent in Charge Michael Montanez; special agents of the FBI Cherry Hill Resident Agency under the direction of Special Agent in Charge Michael J. Driscoll in Philadelphia; and special agents of the Department of Homeland Security, Homeland Security Investigations, Cherry Hill, under the direction of Special Agent in Charge Jason J. Molina in Newark, with the investigation leading to the charges. He also thanked officers of the New York City Police Department, for its assistance with the investigation.
The government is represented by Assistant U.S. Attorneys Jason M. Richardson and Sara Aliabadi of the U.S. Attorney=s Office Criminal Division in Camden.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Repeat Sex Offender Sentenced to 25 Years in PrisonRead the Press Release
HAMMOND-Denny Minix, 32, of Lafayette, Indiana, was sentenced by Judge Philip P. Simon following his guilty plea to a charge that he produced child sexual abuse images of a 16 to 17 year-old minor female, announced U.S. Attorney Kirsch.
Minix was sentenced to 300 months (25 years) in prison followed by a lifetime term of supervised release.
Minix’s sentence was increased as a result of his earlier conviction for possessing child sexual abuse material here in the Northern District of Indiana in 2010. In that earlier case, Minix had received a 97-month prison sentence followed by a 20-year term of supervised release.
After being released from prison on that offense, and while on supervised release and registered as a sex offender, Minix posed as a gay woman on various social media platforms and offered to and did distribute depictions of minors being sexually abused and exploited. Following an investigation, Minix was found with over 6300 such images and videos, some of which he had made himself while engaging in sexual acts with the 16 to 17 year-old victim. As part of his plea agreement in the case, Minix agreed to have no future contact with the victim and to pay $10,000 toward her future therapy and lost income expenses.
“Not long after being released from prison on his first child pornography offense, Minix found it impossible to resist committing other, more serious child exploitation offenses. My office is committed to prosecuting repeat sex offenders like Mr. Minix to the fullest extent of the law,” said United States Attorney Thomas L. Kirsch II. “This case also serves as a good reminder to parents to please monitor the websites your children are visiting, and the people with whom they are communicating online.”
“This lengthy sentence clearly illustrates the FBI’s commitment to protect the most vulnerable members of our community from those who would exploit them in this heinous manner,” said FBI Indianapolis Special Agent in Charge Paul Keenan. “The FBI and our law enforcement partners will continue to work diligently to identify and hold accountable these abusers who prey on innocent children for their own gratification.”
This case is the result of the investigative efforts of the Federal Bureau of Investigation with assistance from the Tippecanoe County, Indiana Prosecutor’s Office and the Purdue University Police Department. The case was prosecuted by Assistant U.S. Attorney Jill R. Koster.
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Project Guardian: Morgantown Man Pleads Guilty to Federal Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Morgantown man pled guilty today to federal gun crimes, announced United States Attorney Mike Stuart. Robert William Moats, 34, pled guilty to being a felon in possession of a firearm and possession of a firearm with a removed serial number.
Moats admitted that while in Charleston on March 21, 2018, he was in possession of a Phoenix Arms, Raven, .25 caliber semi-automatic pistol that had an obliterated serial number. Moats also admitted that he knew he was a convicted felon and that he was prohibited from possessing a firearm because of a 2003 felony conviction in Monongalia County Circuit Court for second degree murder.
Moats faces up to 15 years in prison when sentenced on December 22, 2020.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr., presided over the hearing. Assistant United States Attorney Courtney Cremeans is handling the prosecution.
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. The United States Attorney’s Office has prosecuted this case with support from the Project Guardian partners listed above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00008.
Follow us on Twitter: SDWVNews and USAttyStuart
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Prince William Man Pleads Guilty to Conspiracy to Distribute FentanylRead the Press Release
ALEXANDRIA, Va. – A Prince William County man pleaded guilty today to selling fentanyl.
According to court documents, between February 2019 and May 2019, Keith Issiah Slade, 46, and a co-defendant, sold fentanyl in and around the Eastern District of Virginia. The defendants would obtain the fentanyl in Baltimore and traffic it into Virginia. One of their customers was Individual 1, to whom they sold at least 55 capsules containing heroin/fentanyl. In May 2019, Individual 1 consumed fentanyl provided to her by Slade and the co-defendant. Individual 1 was later found deceased, and the cause of death was ruled to be mixed drug intoxication. Individual 1 had numerous substances in her system, including fentanyl.
Slade pleaded guilty to the conspiracy to distribute fentanyl and the distribution of fentanyl. He faces a maximum of 20 years in prison when sentenced on December 9. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Mark Herring, Attorney General for Virginia; and Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, made the announcement after U.S. District Judge Rossie D. Alston, Jr. accepted the plea. Special Assistant U.S. Attorney Karolina Klyuchnikova and Assistant U.S. Attorney Bibeane Metsch are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-224.
Prince George’s County Man Pleads Guilty in Federal Court in Maryland to Bank RobberyRead the Press Release
Greenbelt, Maryland -- Saleem Abdul Muhammad, age 55, of Prince George’s County, Maryland pleaded guilty today to bank robbery.
The guilty plea 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 Interim Chief Hector Velez of the Prince George’s County Police Department.
According to the statement of facts in the Government’s Plea Memorandum, on July, 15, 2019, Muhammad entered a bank in Oxon Hill, Maryland, approached the teller’s window, and stated “Give me my money.” The victim advised Muhammad that he needed to provide his identification and debit card to withdraw money. Muhammad became agitated and stated, “Give me the money, this is a robbery, I will shoot everyone out here.” Fearing for her safety, the victim complied and provided Muhammad with $202 in U.S. currency with a GPS tracking device hidden inside. Muhammad fled on foot.
The GPS tracker led officers to a Burger King located in the same shopping center as the bank. The officers apprehended Muhammad, and, after a review of surveillance footage showing Muhammad throwing something in the trash, a search of the trashcan revealed the GPS tracking device. The $202 in cash was found on Muhammad’s person. Muhammad was transported to the police station where he was interviewed by a detective. In response to a question regarding why he threatened to shoot the people in the bank, Muhammad responded, because the victim “was acting like she wasn’t going to give me [the money].”
Muhammad faces a maximum sentence of 20 years in prison for bank robbery. 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. U.S. District Judge Theodore D. Chuang has scheduled sentencing for November 24, 2020, at 10:00 a.m.
United States Attorney Robert K. Hur commended the FBI and the Prince George’s County Police for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Michael Morgan, and Burden Walker, who are prosecuting the case.
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Previous sex offender sent to prison again after recording minor during oral sexRead the Press Release
HOUSTON - A 45-year-old Southwest Houston man has been ordered to federal prison following his conviction of sexual exploitation of a child otherwise known as production of child pornography, announced U.S. Attorney Ryan K. Patrick
Reginald Desean Love aka Tru pleaded guilty Jan. 28, admitting he had recorded a video of a minor female performing oral sex on him.
Today, U.S. District Judge Sim Lake ordered Love to serve 300 months in federal prison. In handing down the sentence, the court referred to his history of violence against women as reflected in his criminal record. Following his prison sentence, Love will serve the rest of his life on supervised release during which time the court can impose a number of special conditions designed to protect children and prohibit the use of the internet. He is expected again to register as a sex offender.
The Texas Department of Public Safety (DPS) works tirelessly to protect our youth from those who seek to exploit them,” said DPS Regional Director Jason Taylor. “In this case, DPS special agents—along with our partnership with the United States Attorney’s Office through Project Safe Childhood—were integral in ensuring this repeat offender no longer harmed the children he was preying upon for financial gain.”
In September 2017, a 15-year-old girl contacted authorities and gave them a cell phone that contained the video Love made depicting the sex act. Law enforcement conducted a search on two rooms at a local Motel 6 where they discovered another juvenile girl performing oral sex on an adult male.
Love was previously convicted in 2010 of felony indecency with a 14-year-old girl. As part of his sentence, he was ordered to register as a sex offender.
Love has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
DPS conducted the investigation.
Assistant U.S. Attorneys Carrie Wirsing and Jill J. Stotts are prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
Ponchatoula Man Pleads Guilty to Distribution of Child Sexual Abuse MaterialRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that JASON BOYET, age 42, a resident of Ponchatoula, Louisiana, pleaded guilty today before United States District Judge Sarah Vance to a one-count Bill of Information charging him with distribution of images depicting the sexual exploitation of children, including children as young as three (3) years old, in violation of 18 U.S.C. ' 2252(a)(2).
According to court documents, in about February 2020, a special agent with the Federal Bureau of Investigation operating in an undercover capacity (Agent 1) in the State of Texas accessed a chat room within an instant messaging mobile application known to be a haven for purveyors of digital files depicting the sexual victimization of children. Agent 1 was introduced to an individual, subsequently determined to be BOYET, who distributed to him sexually suggestive and sexually explicit photographs of minors, including a prepubescent female (Victim 1), over whom BOYET claimed to have custody and control.
On February 12, 2020, special agents with the Federal Bureau of Investigation executed a federal search warrant at BOYET’s residence. Based on a voluntarily interview with BOYET and a review of digital evidence seized during the execution of the search warrant, law enforcement authorities confirmed that BOYET took sexually explicit images of Victim 1 at his residence using his Apple iPhone XR on at least three dates between December 19, 2019, and February 11, 2020, some of which he distributed to third parties as described above. Agents also confirmed that BOYET accessed a link to an online file storage account containing numerous videos depicting the sexual victimization of children and, further, received at least 151 images and 195 videos depicting children as young as approximately one (1) year old engaging in sexually explicit conduct.
BOYET faces a mandatory minimum term of imprisonment of five (5) years and a maximum term of imprisonment of twenty (20) years, followed by up to a lifetime of supervised release, and a $250,000 fine. He can also be required to register as a sex offender. Sentencing before Judge Vance has been scheduled for January 20, 2021 at 10:30 am.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
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Plano Man Convicted of Enticing a 12-Year-Old GirlRead the Press Release
A Plano man has been convicted at trial of attempting to entice a 12-year-old girl at Sheppard Air Force Base, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Following a day-long trial, a federal jury in Wichita Falls found Tzu Fan Chen, 54, guilty of one count of attempted enticement of a child. The jury deliberated for just six minutes to reach its verdict.
According to evidence presented at trial, on June 16, 2020, an Air Force Office of Special Investigations agent acting in an undercover capacity placed an online advertisement on a popular social media website entitled, “Daughter & I seeking new friends.”
Mr. Chen responded to the ad and stated he was interested in getting to know the undercover agent and his daughter. During communications with law enforcement, Mr. Chen arranged to have a sexual encounter with the 12-year-old girl in Wichita Falls. Mr. Chen also asked the agent if his daughter was “trained,” how she responded to sexual contact, and stated “we must hush hush about our lifestyle.”
On June 18, Mr. Chen drove from Plano to Sheppard Air Force Base in Wichita Falls with the intention of meeting a dad who was offering up his 12-year-old daughter for sex. When Mr. Chen arrived at the address provided by undercover officers, he was intercepted by law enforcement and taken into custody.
Mr. Chen now faces up to life in federal prison. His sentencing is set for February 12, 2021 before U.S. District Judge Reed O’Connor in Wichita Falls.
This case was investigated by the Air Force Office of Special Investigations and the Federal Bureau of Investigation. Assistant U.S. Attorneys Brandie Wade and A. Saleem tried the case.
This case was brought as part of Project Safe Childhood, a Justice Department initiative designed to combat the growing epidemic of child sexual exploitation and abuse nationwide. The initiative pools federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.
Philadelphia man admits to firearms traffickingRead the Press Release
MARTINSBURG, WEST VIRGINIA – Marcellos Carey Edens, of Philadelphia, Pennsylvania, has admitted to an illegal firearms distribution operation, U.S. Attorney Bill Powell announced.
Edens, also known as “Camo,” 35, pled guilty to one count of “Conspiracy” involving the illegal purchase and transfer of firearms from Berkeley County to Pennsylvania in December 2019. Edens admitted to having others purchase firearms in Berkeley County, West Virginia, and then transport the firearms across state lines to him in Philadelphia.
Edens faces up to five years of incarceration and a fine of up to $250,000 for the conspiracy. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
The government is also seeking the forfeiture of several firearms and ammunition connected to this case.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Bureau for Alcohol, Tobacco, Firearms & Explosives and the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
U.S. Magistrate Judge Robert W. Trumble presided.
Passaic County Man Admits Participating in Heroin ConspiracyRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey, man today admitted conspiring to distribute heroin and to distributing a quantity of fentanyl, U.S. Attorney Craig Carpenito announced.
Cequan Wharton, 26, of Paterson, New Jersey, pleaded guilty by videoconference before U.S. District Judge Brian R. Martinotti to an information charging him with conspiracy to distribute and possess with the intent to distribute heroin and knowingly and intentionally distributing fentanyl.
According to documents filed in this case and statements made in court:
Wharton and his conspirators are members and associates of the 230 Boys street gang, which operates primarily around Rosa Parks Boulevard and Godwin Avenue in Paterson. Through numerous controlled purchases of narcotics, consensually recorded telephone calls and text messages, physical surveillance, and the analysis of telephone call detail records, law enforcement determined that from at least September 2018 through Oct. 1, 2019, Wharton and his conspirators conspired to distribute narcotics, including heroin and fentanyl.
Each count of the information carries a maximum penalty of 20 years in prison and a fine of $1 million. Sentencing is scheduled for Feb. 4, 2021.
This case is being conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
U.S. Attorney Carpenito credited special agents and task force officers with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Division, under the direction of Special Agent in Charge Charlie J. Patterson; special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson in Newark; officers of the N.J. State Police, under the direction of Col. Patrick J. Callahan; officers of the Paterson Police Department, under the direction of Director Jerry Speziale and Police Chief Ibrahim Baycora; detectives of the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia Valdes; and the Passaic County Sheriff's Office, under the direction of Sheriff Richard H. Berdnik, with the investigation leading to the charges. He also thanked the U.S. Marshals Service, the Bergen County Sheriff's Office and the Belleville and Livingston police departments for their assistance with the case.
The government is represented by Assistant U.S. Attorney Francesca Liquori, of the Organized Crime and Gangs Unit.
Owner of Pharmacies Sentenced to 30 Months in Prison for Conspiracy to Defraud IRSRead the Press Release
TRENTON, N.J. – The owner of several retail pharmacies, including a pharmacy in Piscataway, New Jersey, was sentenced today to 30 months of prison for conspiring to defraud the IRS, U.S. Attorney Craig Carpenito announced.
Rao Desu, 53, of Warren, New Jersey, was previously convicted on all counts of the indictment against him: two counts of conspiracy to defraud the IRS and four counts of aiding and assisting in subscribing to false tax returns, following a two-week trial before U.S. District Judge Michael A. Shipp in Trenton federal court. Judge Shipp imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
Desu was a 50 percent owner in DVS Pharma Inc., (d/b/a Heights Pharmacy), a retail pharmacy in Piscataway. Darshna Desai was the other 50 percent owner and worked as the lead pharmacist. From April 2004 through November 2013, Desu conspired with Desai to conceal from the IRS the cash income that was earned by the pharmacy as part of a cash-skimming scheme. In particular, Desu’s relative, who assisted at times in the operation of several of Desu’s businesses, instructed Desai to separate the cash earned by Heights Pharmacy from other income received, remove a portion of the cash that was paid to Desai as cash salary, and then split the remainder in two, with one portion given to Desu and the other portion given to Desai.
Desu was also a 50 percent owner of Manvihar Pharmacy (d/b/a Arthur Avenue Pharmacy) in Bronx, New York. The other 50 percent owner in Arthur Avenue Pharmacy worked at Arthur Avenue Pharmacy as the lead pharmacist. From June 2005 through November 2013, Desu conspired with the co-owner to conceal from the IRS the cash income that was earned by the pharmacy as part of a separate cash-skimming scheme. Specifically, Desu instructed the co-owner to separate the cash earned by Arthur Avenue Pharmacy from other income received, and to split the cash in two, giving half to Desu and giving half to the co-owner.
For tax years 2004 through 2012 Desu and Desai filed false corporate income tax returns, IRS Forms 1120S, for Heights Pharmacy, which failed to disclose the cash that Desai received in salary and that was split between Desu and Desai. From tax year 2005 through 2012, Desu and the co-owner filed false IRS Forms 1120S for Arthur Avenue Pharmacy, which failed to disclose the cash that was split between Desu and co-owner. For tax years 2004 through 2012, Desu filed false personal income tax returns, IRS Forms 1040, which failed to disclose the cash that Desu received from both Heights Pharmacy and Arthur Avenue Pharmacy.
Desai pleaded guilty to conspiracy to defraud the IRS in 2014 and is awaiting sentencing.
In addition to the prison term, Judge Shipp sentenced Desu to two years of supervised release, fined him $15,000 and ordered restitution of $459,075.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez, with the investigation leading to today’s sentencing. He also thanked special agents of the U.S. Department of Justice, Office of Inspector General, under the direction of Special Agent in Charge Guido Modano, New York Field Office, for their role in the investigation.
The government is represented by Assistant U.S. Attorney Elaine K. Lou of the Special Prosecutions Division.
Operation X-Nation Update: Pennsylvania Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
BLUEFIELD, W.Va. – A Pennsylvania man was sentenced to federal prison for his participation in a drug trafficking organization (DTO) operating in Mercer County, announced United States Attorney Mike Stuart. Alonzo Wooden, 44, of Macungie, Pennsylvania, was sentenced to 12 months in prison, to be followed by three years of supervised release, for conspiring to distribute cocaine and oxymorphone. Wooden was charged as a result of a long-term, multi-state investigation known as Operation X-Nation.
“The takedown of this DTO snared drug traffickers from Pennsylvania, New York and West Virginia,” said United States Attorney Mike Stuart. “All drug traffickers are treated the same in my district. If we catch you peddling your poisons, putting West Virginia children and families in danger, you will be prosecuted.”
Wooden previously admitted at a plea hearing in June of this year, that between August 2017 and August 31, 2019, he participated in a DTO operating in Mercer County. During this time period, Wooden worked with other members of the DTO to distribute prescription pills and cocaine in and around Mercer County. More specifically, Wooden admitted to selling oxymorphone pills and cocaine to individuals he now knows were working as confidential informants. Wooden admitted that the informants would call another member of the DTO who would then direct the informants to meet Wooden or other members of the DTO at a specific location. The locations were different trailer parks in Princeton where the other member owned several trailers. When the informants arrived, Wooden sold cocaine on at least one occasion and oxymorphone on three separate occasions.
The investigation was conducted by the Drug Enforcement Administration (DEA) and the Southern Regional Drug and Violent Crime Task Force, which is composed of officers from the West Virginia State Police, the Mercer County Sheriff’s Department, the Princeton Police Department and the Bluefield Police Department.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Timothy D. Boggess handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:19-cr-00307.
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Op Wu Block Defendants Sentenced to Prison for Distributing MethRead the Press Release
MACON – Three defendants guilty of distributing methamphetamine in the Northeast Georgia region, arrested during the large-scale “Operation Wu Block” investigation, were sentenced to federal prison Tuesday, said Charlie Peeler, the U.S. Attorney for the Middle District of Georgia.
U.S. District Judge C. Ashley Royal sentenced Jennifer Gee, 33, of Athens-Clarke County to 120 months in prison and three years of supervised release; Latasha Bishop, 33, of Athens-Clarke County to 27 months in prison and three years of supervised release; and Angela Fain, 48, of Franklin County, Georgia to 24 months of prison and three years supervised release. All three defendants previously entered guilty pleas in separate cases to one count possession with intent to distribute methamphetamine. There is no parole in the federal system.
“Criminals caught pushing methamphetamine in our communities are facing the possibility of federal prosecution and federal prison, where there is no parole,” said U.S. Attorney Charlie Peeler. “I want to commend our law enforcement partners who make up the Organized Crime Drug Enforcement Task Force for working relentlessly to unravel meth distribution enterprises in the Middle District of Georgia.”
“Operation Wu Block” is a multi-year Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by the Drug Enforcement Administration (DEA) Macon Resident Office, FBI Middle Georgia Safe Streets Gang Task Force, Athens-Clarke County Police Department, Clarke County Sheriff’s Office, Hart County Sheriff’s Office, Madison County Sheriff’s Office, Oconee County Sheriff’s Office, Oglethorpe County Sheriff’s Office, Georgia Department of Corrections and Northeast Regional Drug Task Force in partnership with the U.S. Attorney’s Office for the Middle District of Georgia. “Operation Wu Block” resulted in the seizure of more than 58 kilograms of methamphetamine, more than two kilograms of heroin, 31 firearms and $56,000.
“Operation Wu Block” is part of the larger “Operation Crystal Shield,” a national DEA operation first announced on February 20, 2020 during a press conference in Atlanta. The investigation is focused on eight main methamphetamine trafficking transportation hubs across the nation, including Atlanta. Both are on-going operations. Assistant U.S. Attorney Tamara Jarrett is prosecuting cases arising from this investigation for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Omaha Woman Sentenced to 96 Months for Drug and Money Laundering ConspiraciesRead the Press Release
United States Attorney Joe Kelly announced that Autumn Lynn Vanosdol, 52, of Omaha, Nebraska, was sentenced today by United States District Judge Brian C. Buescher for conspiracy to possess with intent to distribute 500 grams or more of methamphetamine and for conspiracy to launder the proceeds from the drug conspiracy. Vanosdol received a sentence of 96 months with a five-year term of supervised release to follow. There is no parole in the federal system.
In mid-2017, a Drug Enforcement Administration led task force initiated Operation Dog Pound, which was a drug interdiction effort focused on an Omaha drug trafficking organization. Court-authorized phone and text messaging intercepts established that Vanosdol, who was living in California at the time, sent multi-pound packages containing methamphetamine through the mail to the head of the organization, Keevan Dean. During the course of the investigation, several of the packages were intercepted by law enforcement. Vanosdol was held accountable for sending a total of 26 pounds of methamphetamine to Dean.
Vanosdol was also intercepted on her phone making arrangements with Dean to have money wired or deposited into various accounts in an attempt to conceal the proceeds of the drug transactions.
Dean was convicted of drug and money laundering conspiracies and is set for sentencing on November 18, 2020.
This case was investigated by the Drug Enforcement Administration, Nebraska State Patrol, U.S. Customs and Border Protection, Omaha Police Department, Bellevue Police Department, U.S. Postal Inspection Service, and the U.S. Attorney’s Office.
Ohio Man Sentenced to Federal Prison for Fentanyl TraffickingRead the Press Release
CHARLESTON, W.Va. – An Ohio man was sentenced to federal prison today, announced United States Attorney Mike Stuart. Robert Lamar Bates-Porter, 33, of Columbus, Ohio, was sentenced to 154 months in prison, followed by five years of supervised release after pleading guilty to possession with intent to distribute more than 400 grams of fentanyl.
“The package received by Bates-Porter contained a kilogram of deadly fentanyl. If not seized by law enforcement, this amount of fentanyl could have killed up to 500,000 people,” said United States Attorney Mike Stuart. “Bates-Porter is a repeat offender that had returned to drug trafficking while still on supervised release from a prior conviction. My team worked closely with West Virginia and Ohio law enforcement authorities to ensure this dangerous drug trafficker would no longer wreak havoc in our communities.”
During the late summer of 2019, the Washington County, Ohio Major Crimes Task Force (MCTF) was investigating a drug trafficking organization (DTO) that was bringing fentanyl and heroin from Columbus, Ohio to be distributed in and around Marietta, Ohio and Parkersburg, West Virginia. MCTF joined forces with the Parkersburg Narcotics Task Force (PNTF) to investigate the organization. Investigators identified Bates-Porter as a key member of the organization. In September 2019, Bates-Porter ordered a package of drugs to be delivered to a residence on Roselynne Avenue in Parkersburg. The package was delivered on September 12, 2019. Bates-Porter drove from Columbus to Parkersburg and arrived at Roselynne Avenue after midnight on September 13, 2019. Shortly thereafter, PNTF personnel executed a search warrant at the residence where they found Bates-Porter in the basement preparing to open the drug package. Officers seized the package which contained a kilogram of fentanyl. Later the same day, police in Columbus, Ohio executed a search warrant at Bates-Porter’s residence where they seized approximately 260 grams of heroin, 94 grams of cocaine, and a small quantity of a mixture of heroin and fentanyl.
At the time of his arrest, Bates-Porter was on federal supervised release for a 2014 conviction in the Southern District of West Virginia for possession of a firearm in furtherance of drug trafficking. At the plea hearing, he admitted that he took possession of the package and intended to distribute the drugs inside which he claimed to believe was heroin.
The Washington County Major Crimes Task Force, the Parkersburg Narcotics Task Force, the United States Postal Inspection Service, and the Columbus, Ohio Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Joshua C. Hanks handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 2:20-cr-00080 and 2:14-cr-00052.
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Ohio Man Indicted for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Dayton, Ohio, man was charged in federal district court with Failure to Register as a Sex Offender.
Shawn Kerns, age 41, was indicted on September 9, 2020. Kerns appeared before U.S. Magistrate Judge Daneta Wollmann on September 16, 2020, and pleaded not guilty to the Indictment. The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Kerns was convicted of Gross Sexual Imposition in July 2012. As a result of the conviction, he is required to register as a sex offender for life. The Indictment alleges between November 11, 2019, and continuing through the date of Indictment, Kerns failed to properly register as a sex offender and update his registration. The charge is merely an accusation and Kerns is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service, the Rapid City Police Department, the Pennington County Sheriff’s Office, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Kerns was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Nigerian Man Sentenced to Three Years in Prison for Computer Hacking Scheme that Targeted Government EmployeesRead the Press Release
NEWARK, N.J. – A Nigerian national was sentenced today to 36 months in prison for his role in a computer hacking and identity theft scheme that defrauded vendors of nearly $1 million of office products after “phishing” e-mail login information from government employees, U.S. Attorney Craig Carpenito announced.
Olumide Ogunremi, a/k/a “Tony Williams,” 43, previously pleaded guilty before U.S. District Judge Susan B. Wigenton in Newark federal court to an indictment charging him with one count of conspiracy to commit wire fraud. Judge Wigenton imposed the sentence today by video conference.
According to documents filed in this case and statements made in court:
From at least July 2013 through December 2013, Ogunremi and others perpetrated a computer hacking and theft scheme on U.S. government agencies’ email systems and General Services Administration vendors. The ring employed “phishing” attacks, which used fraudulent e-mails and websites that mimicked the legitimate e-mails and web pages of U.S. government agencies including the U.S. Environmental Protection Agency. Unwitting employees of the agencies visited the fake web pages and provided their e-mail account usernames and passwords.
Ogunremi and his conspirators used these stolen credentials to access the employees’ e-mail accounts in order to place fraudulent orders for office products, typically printer toner cartridges, in the employees’ names from vendors who were authorized to do business with U.S. government agencies. Ogunremi and his conspirators directed the vendors to ship the fraudulent orders to individuals located in New Jersey and elsewhere to be repackaged and ultimately shipped to overseas locations, which were controlled by Ogunremi and his conspirators. Once the orders were received in Nigeria, Ogunremi and his conspirators sold the toner cartridges to another individual on the black market for profit.
Ogunremi had been scheduled to enter a guilty plea to an information charging him with conspiracy to commit wire fraud in March 2018, but fled to Canada. He was extradited from Canada to New Jersey on Sept. 26, 2019.
On June 10, 2014, Abiodun Adejohn, a/k/a “James Williams,” 36, of Nigeria, pleaded guilty to one count of wire fraud conspiracy and was sentenced in 2015 to three years in prison.
In addition to the prison term, Judge Wigenton sentenced Ogunremi to two years of supervised release and ordered him to pay restitution of $68,618.
U.S. Attorney Carpenito praised special agents of the Environmental Protection Agency – Office of Inspector General, under the direction of Special Agent in Charge Christopher Gaffney; General Services Administration – Office of Inspector General, under the direction of Special Agent in Charge Jamie Willemin; Department of Commerce – Office of Inspector General, under the direction of Special Agent in Charge Duane Townsend; Department of Defense Cyber Field Office, under the direction of Special Agent in Charge Jeffery Thorpe; and the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to Ogunremi’s sentencing.
The government is represented by Assistant U.S. Attorney Sophie E. Reiter, of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
New York Man Charged with Attempted Illegal Sexual Conduct with a MinorRead the Press Release
TRENTON, N.J. – A New York man was arrested today after travelling from New York to New Jersey to meet an individual, whom he believed was a 13-year old girl, for sex, U.S Attorney Craig Carpenito announced.
Eduardo Silva, 42, of Bronx, New York, is charged in a three-count complaint with enticing a minor to engage in sexual activity, travelling from New York to New Jersey for the purpose of engaging in unlawful sexual conduct, and sending obscene materials over the Internet. He appeared today by videoconference before U.S. Magistrate Judge Zahid N. Quraishi and was detained.
According to documents filed in this case and statements made in court:
On Sept. 5, 2020, Silva, while using an online social media application, sent a message to an individual he believed was an underage girl, but who was actually an undercover federal agent. Silva asked whether the minor was “into older guys” and over the course of the next several days sent a series of online communications and text messages, discussing his intent to travel and engage in sexual activity. He also sent sexually explicit images of his genitals to the individual, whom he believed was a minor. On Sept. 23, 2020, Silva was arrested when he travelled to a motel in Bordentown, New Jersey, intending to meet a 13-year-old girl for sex.
The charge of using a facility of interstate commerce to entice a minor to engage in sexual activity carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison; the charge of travel with the intent to engage in illicit sexual conduct with a minor carries a maximum sentence of 30 years in prison; and the charge of using the internet to transfer obscene matters to an individual who had not attained the age of 16 carries a maximum sentence of 10 years in prison. The charges also each carry a maximum fine of $250,000 per count.
U.S. Attorney Carpenito credited special agents of the Department of Homeland Security, Homeland Security Investigations, Cherry Hill, under the direction of Special Agent in Charge Jason J. Molina, with the investigation that led to Silva’s arrest. U.S. Attorney Carpenito also thanked the Burlington County Prosecutor’s Office and the Bordentown Township Police Department for their assistance in the investigation.
The government is represented by Assistant U.S. Attorney Ray Mateo of the U.S. Attorney’s Office Criminal Division in Trenton.
If you have information regarding the pending prosecution, or you believe you or someone you know may have been victimized by the defendant, the Department of Homeland Security requests that you contact them at 1-866-347-2423. Identified victims may be eligible for certain services and rights under federal and state law.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
New York Couple Pleads Guilty to Federal Charges in $4 Million Extortion SchemeRead the Press Release
WASHINGTON – Archie Kaslov, 54, and Candy Evans, 51, of New York, N.Y., pled guilty today to federal charges related to their roles in a wide-ranging fraud, extortion, and money laundering scheme, which involved one of their sons pretending to be a New York mobster in order to get a Maryland man to embezzle more than $4 million from his employer in Washington, D.C. The announcement was made by Acting U.S. Attorney Michael R. Sherwin and Robert E. Bornstein, Acting Special Agent in Charge of the FBI’s Washington Field Office Criminal Division.
In April 2018, a federal grand jury indicted Kaslov; Candy Evans; their sons Tony John Evans, Corry Blue Evans, and Robert Evans; and Robert Evans’ common-law ex-wife Gina Russell on various charges related to the extortion scheme.
As part of the scheme, a New York woman conspired with Kaslov, Candy Evans, Tony John Evans, Corry Blue Evans, Robert Evans, and Russell to extort money and gold bars from the Maryland man, which caused the Maryland man to embezzle funds from his employer between January 2017 and March 2017, and which he converted to cash and gold bars. The Maryland man delivered the money and gold bars to New York drop-off locations, including a hotel room, believing the funds were going to mobsters to whom the New York woman owed money. In reality, all of the funds he embezzled and delivered to New York went to members of the Evans-Kaslov family.
Kaslov pled guilty to conspiracy to commit wire fraud, in violation of 18 U.S.C. § 371. As part of his guilty plea, he admitted that he drove members of his family around New York with cash obtained from the scheme. On one such occasion, he drove to the New York diamond district on 47th Street where he and family members spent tens of thousands of dollars in criminal proceeds from the scheme on watches, including Rolexes. Kaslov also admitted that, after the Maryland man delivered approximately $2 million in gold bars to Tony John Evans and other individuals, Kaslov and others turned around and sold the gold bars for cash. Kaslov also traveled to Texas in May 2017 with a family member, where the two paid more than $300,000 in cash, the majority of which was proceeds from the scheme, to purchase a Rolls Royce Phantom Drophead from a car dealer. In January 2020, Kaslov and Candy Evans sold that Rolls Royce in New Jersey for $120,000.
Candy Evans pled guilty to tampering with a witness by corrupt persuasion or misleading conduct, in violation of 18 U.S.C. § 1512(b)(3). As part of her guilty plea, she admitted that once the FBI launched its investigation, she counseled the New York woman whom the Maryland man met on Backpage to lie to people, including the FBI. In April 2017, Candy Evans, believing that married individuals could not be compelled to testify against each other, advised the New York woman and Russell to get married to prevent such testimony about the scheme in Court. The New York woman and Russell married at City Hall in New York. Candy Evans further panicked and wanted a letter that would exonerate her, Kaslov, and their three sons from any involvement in the scheme to get money from the Maryland man. Thus, she directed Russell and the New York woman to sign a handwritten, notarized confession attempting to fully implicate themselves and to exonerate Candy Evans, Kaslov, and their sons. Later that month, when the New York woman was scheduled to meet with the FBI, Candy Evans counseled the woman to lie by telling the FBI that there actually never had been an extortion scheme and that the Maryland man had invented the entire thing about mobsters to justify why he embezzled money from his employer. In October 2017, two days after the FBI executed search warrants at various Evans-Kaslov family members’ residences, Candy Evans called an FBI special agent who was investigating the case and told him that Kaslov and two of her other sons had not done anything illegal, which she acknowledged was false, and that it was just Tony John Evans, Russell, and the New York woman who had committed the crimes. In November 2017, prior to Russell’s interview with the FBI, Candy Evans also instructed Russell to lie to the FBI.
The maximum sentence for Kaslov’s charge, conspiracy to commit wire fraud, is five years in prison. The maximum sentence for tampering with a witness is twenty years in prison. Under federal sentencing guidelines, however, the likely recommended sentence for Kaslov is 30 to 37 months in prison. Candy Evans’ likely recommended sentence is 12 to 18 months’ imprisonment. As part of his plea agreement, Kaslov agreed to forfeit certain property that was seized as part of the government’s investigation. Candy Evans also agreed not to challenge the forfeiture of certain items of property seized by the government.
In September 2018, Tony John Evans pled guilty to interference with interstate commerce by extortion. The Honorable Emmet G. Sullivan, the District Court judge presiding over the case, sentenced him to five years in prison. In July 2019, Russell pled guilty to that same offense. She awaits sentencing. Charges remain outstanding against Robert Evans and Corry Blue Evans.
In announcing the guilty pleas, Acting U.S. Attorney Sherwin and Acting Special Agent in Charge Bornstein commended the work of those who investigated the case from the FBI’s Washington Field Office Criminal Division. They expressed appreciation for assistance provided by the U.S. Department of Justice Office of the Inspector General. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Diane Lucas and Arvind Lal, who are assisting with forfeiture issues, Paralegal Specialist Stephanie Frijas, former Paralegal Specialists Brittany Phillips, Joshua Fein, Jessica Mundi, and Kristy Penny, and Forensic Accountant Bryan Snitselaar.
Finally, they commended the work of Assistant U.S. Attorneys David Kent and Kondi Kleinman, who investigated and are prosecuting the case.
New Haven Man Sentenced to 5 Years in Prison for Federal Gun Possession OffenseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that SHANNON WICKER, also known as “Bishop,” 34, of New Haven, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 60 months of imprisonment, followed by three years of supervised release, for possessing a firearm in association with his drug trafficking activity.
According to court documents and statements made in court, on October 16, 2019, law enforcement in New Haven conducted a court-authorized search of a Chapel Street apartment and found a loaded .45 caliber semi-automatic pistol; quantities of heroin, cocaine, crack cocaine and marijuana; items used to process and package narcotics for street sale, and other items. Wicker, who was present during the search, was arrested on related state charges at that time.
Wicker’s criminal history includes multiple state felony convictions, including convictions for weapon in a motor vehicle, sale of illegal hallucinogens or narcotics, sale of a controlled substance, possession of narcotics, tampering with evidence, and failure to appear.
Wicker has been detained since his federal arrest on November 6, 2019. On January 15, 2020, he pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking offense.
This matter was investigated by the New Haven Police Department, Connecticut State Police, Connecticut Department of Correction, and Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant U.S. Attorney Margaret M. Donovan.
This prosecution 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 neighborhoods safer for everyone.
New Haven Man Sentenced to 41 Months in Federal Prison for Illegal Gun PossessionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ERRIE McCLENDON, also known as “Buck,” 29, of New Haven, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 41 months of imprisonment, followed by three years of supervised release, for illegally possessing a firearm.
According to court documents and statements made in court, on May 11, 2019, New Haven Police received information that McClendon was in possession of a firearm in Goffe Street Park in New Haven. After officers arrived at the park and identified McClendon, they approached him and instructed him to remove his hand from his sweatshirt pocket. McClendon then removed a handgun from his pocket and tossed it toward a bystander. The bystander, refusing to catch the gun, put his hands in the air and the gun fell to the ground. McClendon then struggled with the officers, but was eventually subdued. A loaded Ruger, model P85, 9mm pistol with an obliterated serial number, was recovered from the scene.
Prior to May 2019, McClendon had been convicted in state court of felony narcotics and larceny offenses. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
McClendon has been detained since June 19, 2019, when he was arrested on a state probation violation charge. On November 13, 2019, he pleaded guilty in federal court to one count of possession of a firearm by a convicted felon.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Haven Police Department. This case was prosecuted by Assistant U.S. Attorneys Peter D. Markle and Jocelyn Courtney Kaoutzanis.
This prosecution has been brought though Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Michigan Man Who Brought Meth to Erie via Amtrak Sentenced to 10 YearsRead the Press Release
ERIE, Pa. - A former resident of Redford, Michigan, has been sentenced in federal court to 120 months in jail on his conviction of violating federal drug laws, United States Attorney Scott W. Brady announced today.
United States District Judge Susan Paradise Baxter imposed the sentence on Sean Kiara Williams, 31.
According to information presented to the court, on or about September 6, 2019, Williams possessed with the intent to distribute five hundred (500) grams or more of methamphetamine which he had brought from Dearborn, Michigan to Erie on Amtrak.
Assistant United States Attorney Paul S. Sellers prosecuted this case on behalf of the government.
United States Attorney Brady commended Homeland Security Investigations and the Pennsylvania State Police Northwest Strike Force Unit for the investigation leading to the successful prosecution of Williams.
Michigan Man Pleads Guilty to Using Threats to Obstruct Free Exercise of Religious BeliefsRead the Press Release
The Justice Department today announced that Ronald Wyatt, 22, pleaded guilty today in U.S. District Court for the Eastern District of Michigan to intentionally threatening physical harm to a female victim, T.P., to obstruct T.P.’s free exercise of religion. As part of his plea agreement, Wyatt admitted that he targeted T.P., who is African-American, because of her race.
At the plea hearing, Wyatt admitted that, on July 23, 2019, he used Facebook to send T.P. a written message that threatened: “See you at church on Wednesday night with my AK to put you and your [expletive] family down [expletive].” T.P. regularly attends a church located in Taylor, Michigan. Wyatt admitted that, by sending the threatening message, he acted intentionally to obstruct T.P.’s free exercise of her religious beliefs. Wyatt further admitted that he threatened T.P. because she is African-American, and that he intended for T.P. to understand his message as a threat.
“No American should face threats towards their life or the lives of their loved ones based on their race or religion” said Assistant Attorney General Eric Dreiband. “These actions are reprehensible. The Justice Department takes these matters very seriously and works to ensure that those who perpetrate these actions see justice under the law.”
“The defendant’s actions in this case are truly reprehensible,” said U.S. Attorney Matthew Schneider of the Eastern District of Michigan. “Although the First Amendment protects free speech, it doesn’t give anyone the right to obstruct the free exercise of religious beliefs by threatening violence or bodily harm. Prosecuting those who violate the civil rights of Michigan citizens is some of the most important work we do. This plea today is the first step towards justice for this innocent victim.”
"Mr. Wyatt used threats of violence to terrorize an innocent woman and as a result hindered the victim's ability to freely practice her religion,” said Special Agent in Charge Steven M. D’Antuono, of the FBI’s Detroit Field Office. “Hate crimes like this one have profound effects not only on the victims, but also on their families and communities, making them feel vulnerable and unsafe. No arrest or conviction can undo the harm, but will hopefully provide a measure of justice for the victim, her family and her community.”
Pursuant to the plea agreement, sentencing will take place in one year. He faces a maximum sentence of one year in prison.
This case was investigated by the FBI’s Detroit Field Office and is being prosecuted by Assistant U.S. Attorney Frances Carlson, of the U.S. Attorney’s Office for the Eastern District of Michigan, and Trial Attorney Risa Berkower, of the Justice Department’s Civil Rights Division.
Member of Jicarilla Apache Nation found guilty of domestic assault by a habitual offender in Indian countryRead the Press Release
ALBUQUERQUE, N.M. – Following a two-day trial, a federal jury in Albuquerque returned a guilty verdict on Sept. 22 against Quentin Veneno, Jr., 34, of Dulce, New Mexico, an enrolled member of the Jicarilla Apache Nation, on two counts of Domestic Assault by a Habitual Offender and one count of Assault Resulting in Serious Bodily Injury. United States District Judge Kea W. Riggs presided.
On Aug. 22, 2018, and again on Nov. 2, 2018, Veneno physically abused the victim, whom he was dating at the time, at her residence within the exterior boundaries of the Jicarilla Apache Indian Nation Reservation. Veneno broke nine of the victim’s ribs and caused a collapsed lung and bruising over her body.
Police records showed that Veneno had previously assaulted the victim, and Veneno’s tribal criminal history includes two prior convictions of domestic violence in 2009 and 2013.
Veneno was arrested on November 21, 2018, and remains in custody pending sentencing, which has yet to be scheduled. He faces a maximum of 25 years in prison.
The Farmington office of the FBI and the Jicarilla Apache Police Department investigated this case. Assistant U.S. Attorneys David Cowen and Kyle Nayback are prosecuting the case.
McKean County Man Charged with Trying to Buy Meth on the Dark Web for ResaleRead the Press Release
ERIE, Pa. - A resident of Kane, Pennsylvania has been indicted by a federal grand jury in Erie on a charge of violating federal drug laws, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Michael Carter Anderson, 42, as the sole defendant.
According to the Indictment presented to the court, on or about August 26, 2020, Anderson attempted to possess with intent to distribute more than fifty grams of a mixture or substance containing a detectable amount of methamphetamine. Anderson is accused of purchasing methamphetamine on the Dark Web for the purpose of selling and redistributing those drugs in the Western District of Pennsylvania.
The law provides for a maximum total sentence of 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
The United States Postal Inspection Service, the Drug Enforcement Administration, the McKean County Detectives, and the McKean County Drug Taskforce conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Martinsburg man admits to firearms traffickingRead the Press Release
MARTINSBURG, WEST VIRGINIA – Justin Arthur Davis, of Martinsburg, West Virginia, has admitted to his part in an illegal firearms distribution operation, U.S. Attorney Bill Powell announced.
Davis, 37, pled guilty to one count of “Conspiracy” involving the illegal purchase and transfer of firearms from Berkeley County to Pennsylvania in December 2019. Davis admitted to having conspiring to purchase firearms in Berkeley County, West Virginia, and then having those firearms transported the firearms across state lines to Philadelphia.
Davis faces up to five years of incarceration and a fine of up to $250,000 for the conspiracy. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
The government is also seeking the forfeiture of several firearms and ammunition connected to this case.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Bureau for Alcohol, Tobacco, Firearms & Explosives and the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
U.S. Magistrate Judge Robert W. Trumble presided.
Marion County man admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Jonathan David Cochran, of Barrackville, West Virginia, has admitted to a firearms charge, U.S. Attorney Bill Powell announced.
Cochran, age 25, pled guilty to one count of “Unlawful Possession of Firearm.” Cochran, prohibited from having a firearm because of a prior felony conviction, is accused of having a .380 caliber pistol in December 2019 in Marion County.
Cochran faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Sarah E. Wagner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia Probation and Parole Office investigated.
U.S. Magistrate Judge Michael John Aloi presided.
MS-13 defendant sentenced to more than 39 years in prison for involvement in two local murdersRead the Press Release
COLUMBUS, Ohio – Jose Salvador Gonzalez-Campos, 30, was sentenced in U.S. District Court today to 472 months in prison for participating in murders on behalf of an MS-13 racketeering conspiracy.
According to court documents, Gonzalez-Campos, also known as “Danger,” took part in the November 2015 murder of Wilson Villeda near Innis Road in Columbus and the December 2016 murder of Salvador Martinez-Diaz, a suspected rival gang member, on Melroy Avenue in Columbus.
The government also presented evidence that Gonzalez-Campos directed MS-13 members in Houston to shoot and kill a 15-year-old girl.
In the early morning hours of February 16, 2017, three MS-13 members took Genesis Cornejo to a quiet street in Houston after telling her they were going to buy marijuana. While the victim stood on the side of the road, two of the gang members shot her in the head and chest and left her on the side of the road.
Law enforcement interviews and social media messages state Gonzalez-Campos ordered the murder, saying the girl “had to disappear” because she had been in a relationship with a rival 18th Street gang member.
In his own Facebook messages, Gonzalez-Campos said, “I told him to hit her, for him to send word on the line…For real, dog, they had two days to kill her.”
“This defendant and others butchered a 17-year-old victim with a machete, causing at least 92 traumatic fractures,” U.S. Attorney David M. DeVillers said. “Gonzalez-Campos also participated in the year-long planning of a second Columbus murder, in which the victim’s body was riddled with bullets. Finally, this defendant used his authority in the transnational criminal organization to direct fellow MS-13 members in Houston to kill a 15-year-old girl whom they believed had dated a rival gang member.”
Gonzalez-Campos is one of 23 individuals charged in a second superseding indictment in February 2018 who are alleged to be members and associates of MS-13 in Columbus.
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.
Gonzalez-Campos distributed, and possessed with the intent to distribute, street-level quantities of cocaine and marijuana.
He and others conspired to commit extortion by obtaining money from various individuals through the use of threats of violence against the victims and their families. The co-conspirators used national and international wire transfer services to send money that they generated to individuals in El Salvador, Honduras, Guatemala and the United States. The funds were used to purchase weapons and other items used in criminal activity, provide assistance to MS-13 members who had been incarcerated or deported, aid the families of gang members who had been killed, and otherwise support MS-13’s operations in Central America and the United States.
Gonzalez-Campos pleaded guilty in Sept. 2019 to one count of participating in a racketeering conspiracy and one count of murder through the use of a firearm during a crime of violence.
Congress sets the maximum statutory sentence. Sentencing of the defendant is determined by the Court based on the advisory sentencing guidelines and other statutory factors.
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 sentence imposed today by U.S. District Court Judge Edmund A Sargus, Jr.
U.S. Attorney DeVillers also recognized the assistance of the Harris County, Texas District Attorney’s Office.
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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Kingston Resident Charged with Distributing Child PornographyRead the Press Release
ALBANY, NEW YORK – Thomas O’Bryan, age 38, of Kingston, New York, appeared in court today on a charge of distributing child pornography.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
On September 22, 2020, O’Bryan was charged by criminal complaint with distributing child pornography. O’Bryan appeared today before United States Magistrate Judge Daniel J. Stewart and will remain detained until a detention hearing scheduled for September 25. The complaint alleges that, on or about the dates of March 19, 2020 and April 9, 2020, O’Bryan used the Kik phone messaging application to distribute child pornography.
The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
If convicted, O’Bryan faces at least 5 and up to 20 years in prison, and a mandatory term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and its Child Exploitation Task Force, with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Rachel Williams.
Anyone who wants to provide law enforcement with information about the defendant should contact the FBI Albany Field Office at (518) 465-7551.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s’ offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
KCK Man Indicted on Federal Drug, Gun ChargesRead the Press Release
KANSAS CITY, KAN. - Antonio Wright, 33, Kansas City, Kan., is charged with one count of unlawful possession of a firearm by a felon, one count of possession with intent to distribute cocaine and one count of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred May 10, 2020, in Johnson County, Kan.
If convicted, he could face penalties of up to 10 years in federal prison and a fine up to $250,000 on the firearm charge and up to 20 years and a fine up to $1 million on each of the drug charges. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Michelle McFarlane is prosecuting.
OTHER INDICTMENTS
Raul Valenzuela-Arce, 28, is charged with one count of distributing methamphetamine. The crime is alleged to have occurred Oct. 2, 2019, in Shawnee County, Kan.
If convicted, he could face a penalty of not less than 10 years in federal prison and a fine up to $10 million. The Kansas Bureau of Investigation (KBI) investigated. Special Assistant U.S. Attorney Lindsey Debenham is prosecuting.
Francisco Alvarenga-Cuellar, 53, who is not a citizen of the United States, is charged with one count of unlawfully re-entering the United States after being deported. He was found Aug. 24, 2020, in Wyandotte County, Kan.
If convicted, he could face up to 20 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Ryan Huschka is prosecuting.
Cesar Carrasco-Carrasco, 44, who is not a citizen of the United States, is charged with one count of unlawfully re-entering the United States after being deported. He was found Jan. 29, 2020, in Wyandotte County, Kan.
If convicted, he could face up 10 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Ryan Huschka is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Jury Finds Little Rock Felon Guilty of Possessing a FirearmRead the Press Release
LITTLE ROCK—After a two-day trial, a federal jury has found Antoine Ladale Perkins, 41, guilty of being a felon in possession of a firearm. The jury returned their verdict late Tuesday afternoon after trial began on Monday and continued with testimony on Tuesday. United States District Judge Brian S. Miller presided over the trial, and Judge Miller will sentence Perkins, of Little Rock, at a later date.
On December 22, 2017, a Little Rock Police Sergeant was driving in the area of Fulton Street in Little Rock, near Perkins’ home, when someone opened fire on the Sergeant’s undercover vehicle. Investigators recovered spent shell casings from Perkins’ yard and front porch, the scene of the shooting. Officers recovered a Norinco rifle from inside Perkins’ home, and Perkins confessed to bringing the firearm to his house. The Arkansas State Crime Lab confirmed that some of the shell casings were fired from the Norinico rifle.
“This case involved the ambush of an undercover police officer in the line of duty,” said Cody Hiland, United States Attorney for the Eastern District of Arkansas. “Violent attacks against those who put their lives on the line every day to protect and serve our citizens will not be tolerated by this office.”
Because Perkins is a felon, it is illegal for him to possess a firearm. A grand jury indicted Perkins on one count of being a felon in possession of a firearm in January 2020. He has a prior federal conviction for aiding and abetting the armed assault of a postal employee and using a prohibited weapon during a crime of violence, and he has a state conviction for possession of cocaine with purpose to deliver and possession of drug paraphernalia.
“In our effort to disrupt violent gun crime in our community, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) will continue to focus efforts on prohibited individuals, like Antoine Perkins, who unlawfully possess firearms,” said ATF New Orleans Field Division Special Agent in Charge Kurt Thielhorn. “ATF will continue to work tirelessly to protect our communities and hold accountable those who threaten our safety.”
The statutory penalty for being a felon in possession of ammunition is not more than 10 years imprisonment, not more than three years of supervised release, and not more than a $250,000 fine. The investigation was conducted by the Little Rock Police Department, ATF, and the FBI. The case was prosecuted by Assistant United States Attorneys Stephanie Mazzanti and Amanda Fields.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
Judge sentences felon to 60 months for possession of a firearmRead the Press Release
ST. LOUIS, MO – United States District Court Judge Henry E. Autrey held a joint plea and sentencing hearing today for Damond Jackson. The 22-year-old defendant, a resident of St. Louis, pleaded guilty to being a felon in possession of a firearm and was sentenced to 60 months.
According to the plea agreement, on February 3, 2019, officers from the St. Louis County Police Department responded to a vehicular crash at the Exit Ramp of 6299 off Interstate 255. Officers discovered a 1998 Ford Escort that went off the road and into the grass embankment. The driver of the car, defendant Jackson, told officers on scene that his brakes went out and caused him to go off the road. Jackson also told officers he was the only one in the car. Inside of the vehicle, officers located a Glock 9mm semi-automatic pistol, with an extended magazine containing approximately 30 rounds of ammunition. While conducting a pat-down of Jackson, officers found an empty, black, mesh firearm holster. The investigation revealed that the firearm was stolen. Defendant Jackson is a prior convicted felon. According to the plea, Jackson admits knowing possession of the firearm.
The St. Louis County Police Department investigated this case. Assistant United States Attorney Ed Dowd prosecuted the case for the United States Attorney’s Office.
Judge sentences St. Louis man to more than nine years on cocaine and marijuana distribution chargesRead the Press Release
ST. LOUIS, MO – United States District Judge Audrey G. Fleissig sentenced Juan LaSalle Chase to more than nine years in federal prison. The 49 year old, a resident of St. Louis, previously pleaded guilty to conspiracy to distribute cocaine and marijuana and possession with intent to distribute cocaine and marijuana.
According to the plea agreement, beginning in 2015 and continuing until March 2018, Chase joined in a conspiracy with four co-defendants to acquire and distribute kilogram quantities of cocaine and marijuana to distribute. Specifically, wiretaps and other enforcement actions revealed Chase sourced cocaine and marijuana to the co-defendants.
A search of Chase’s home, lead to investigators to among other things, three kilograms of cocaine, three firearms, ammunition, and $105,910 in drug proceeds. Searches at other locations associated with Chase and the conspiracy revealed bulk marijuana.
The Drug Enforcement Administration investigated this case. Assistant United States Attorney Stephen Casey prosecuted the case for the United States Attorney’s Office.
Judge convicts Browning man of sexually abusing minor girlRead the Press Release
GREAT FALLS – Chief U.S. District Judge Brian M. Morris on Tuesday convicted a Browning man of sexually abusing a minor girl on the Blackfeet Indian Reservation, U.S. Attorney Kurt Alme said today.
After a one-day bench trial on Tuesday, Judge Morris found Justin Zane Gobert, 38, guilty of abusive sexual contact. Gobert faces a maximum of life in prison, a $250,000 fine and at least five years of supervised release.
Judge Morris set sentencing for Jan. 21, 2021. Gobert was released on conditions including location monitoring.
"Too many children are the victims of sexual abuse. This child should have grown up like other children, thinking about school, family and friends, and optimistic about the world and her future. Instead, actions like the defendant’s traumatize their victims, and they need to be held accountable, as the defendant was yesterday. I want to thank Assistant U.S. Attorney Kalah Paisley, the FBI and the Blackfeet Law Enforcement Services for investigating and prosecuting this case," U.S. Attorney Alme said.
The prosecution said in court documents filed in the case that Gobert sexually abused a minor girl, who was under the age of 12, in June 2017. The abuse occurred in a residence on the Blackfeet Indian Reservation.
Assistant U.S. Attorney Kalah Paisley is prosecuting the case, which was investigated by the FBI and Blackfeet Law Enforcement Services
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Jersey City Man Sentenced to 10 Years in Prison for Possessing Firearms and Trafficking FentanylRead the Press Release
NEWARK, N.J. – A Jersey City man was sentenced today to 120 months in prison for offenses related to the possession of two firearms and fentanyl trafficking, U.S. Attorney Craig Carpenito announced.
Tyreek Martin, a/k/a “Reek,” 35, previously pleaded guilty before U.S. District Judge John M. Vazquez to an information charging him with possession of firearms by a convicted felon, possession with intent to distribute fentanyl, and conspiracy to possess with intent to distribute fentanyl. Judge Vazquez imposed the sentence today by videoconference.
Marcus Haggan, 45, of Jersey City, pleaded guilty on July 22, 2020, before Judge Vazquez to an information charging him with possession with intent to distribute fentanyl and conspiracy to possess with intent to distribute fentanyl and heroin. Sentencing is scheduled for Nov. 23, 2020.
Wyheim Hicks, 26, of Jersey City, pleaded guilty on Sept. 14, 2020, before Judge Vazquez to an information charging him with possession with intent to distribute fentanyl and conspiracy to possess with intent to distribute fentanyl. Sentencing is scheduled for Jan. 26, 2021.
According to documents filed in this case and statements made in court:
On the morning of Feb. 9, 2019, Jersey City Police Department officers were conducting surveillance of Martin’s residence when they observed Martin exit from the side basement door. He walked to the front of the residence and placed packages of drugs in a garbage can and then walked to the front steps of the residence.
The officers observed Haggan and Hicks walk towards Martin’s residence. Haggan retrieved the drugs from the garbage can and gave some to Hicks. Haggan and Hicks walked off in separate directions while Martin went back into his residence. Based on their observations of the illegal drug transaction, the officers stopped and arrested Haggan and Hicks. Hicks was in possession of approximately 250 glassine bags of suspected heroin with the label “HELL RAISER.” Haggan was in possession of approximately 350 glassine bags of suspected heroin, also with the label “HELL RAISER.”
Later that day, the officers observed Martin exit his residence and placed him under arrest. During a search of Martin’s residence, the officers found eight bricks of suspected heroin wrapped in magazine paper, approximately 400 glassine bags of suspected heroin with the label “HELL RAISER,” and 13 bundles of approximately 130 glassine bags of suspected heroin with the label “G FUNK.” They also found approximately $3,350 in U.S. currency. Subsequent laboratory testing of the seized drugs confirmed that the drugs consisted of substances containing fentanyl and heroin. The officers also recovered two firearms – a Taurus 44 Magnum revolver and a Bersa .380 caliber handgun – and approximately 90 rounds of ammunition. Prior to Feb. 9, 2019, Martin had at least one felony conviction, including a conviction in Superior Court, Hudson County, on Nov. 2, 2018, for distributing controlled dangerous substances, making it illegal for him to possess firearms.
In addition to the prison term, Martin was sentenced to three years of supervised release.
U.S. Attorney Carpenito credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Charlie J. Patterson in Newark, and members of the Jersey City Police Department, under the direction of Public Safety Director James Shea, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Christopher Amore of the Government Fraud Unit in Newark.
Jamestown Man Arrested While on Parole Pleads Guilty to Crack Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Shaquelle Coleman, 27, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute crack cocaine. The charge carries a maximum penalty of 20 years in prison and $1,000,000 fine.
Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that the defendant was arrested with another absconding parolee, Earl Stone Jr., on January 23, 2019, for violating terms of parole. Coleman and Stone were located in the upstairs bedroom of a residence on West 7th Street in Jamestown. During a search of the two defendants, law enforcement officers recovered $1,400 in U.S. Currency. They also recovered a quantity of suspected crack cocaine, a digital scale with white residue, and three cellular telephones from the residence.
Earl Stone was previously convicted and is awaiting sentencing.
The plea is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci; and the New York State Police, under the direction Major James Hall.
Sentencing is scheduled for January 21, 2021, before Judge Arcara.
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Jacksonville Man Pled Guilty to Tax FraudRead the Press Release
RALEIGH, N.C. – A Jacksonville man pleaded guilty today to Willfully Aiding and Assisting in the Preparation of False Tax Returns.
According to court documents, Gene Hersholt Williamson, II, 54, operated a tax return preparation business out of Greenville and Jacksonville between 2012 and 2018. Williamson fraudulently inflated his clients’ claimed refunds by reporting fictitious Schedule C businesses on his clients’ returns. If clients had minimal income, Williamson created a fraudulent Schedule C business for them, reporting additional income in order to maximize the claimed earned income tax credit. If, however, clients had substantial wage income, Williamson created fraudulent businesses with significant expenses to reduce their income, qualifying them to receive earned income tax credit. Williamson received 10% of the refunds for his services. To conceal his involvement in the scheme, Williamson did not list himself as the paid return preparer on any returns he prepared.
According to the Government’s proffer, Williamson filed false returns in his own name for the calendar years 2012 through 2017. On his personal returns, Williamson claimed credit for withheld taxes from wages paid by his solar business that were never paid to the IRS, claimed education credits he was not entitled to, reported fictitious business losses, and failed to report the income he earned from preparing tax returns.
The total tax loss to the IRS was more than $600,000. Williamson agreed to make full restitution as part of the plea agreement.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after U.S. District Judge James C. Dever III accepted the plea. The Internal Revenue Service Criminal Investigations is investigating the case and Assistant U.S. Attorney Susan Menzer and Tax Division Trial Attorney William Guappone are prosecuting the case.
Judge Dever scheduled sentencing for the December 14, 2020 term of court.
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. 7:20-cr-00133-D.
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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.
Imposter Nurse Sentenced for Wire Fraud, Health Care Fraud and Identity TheftRead the Press Release
GREENEVILLE, Tenn. – Misty Dawn Bacon, 44, of Morristown, was sentenced by the Honorable Clifton L. Corker in the United States District Court for the Eastern District of Tennessee at Greeneville.
In December 2019, Bacon plead guilty to wire fraud, healthcare fraud, and using another person’s identity to commit federal and state offenses, including practicing a profession without a license. Bacon was sentenced to 51 months, followed by three years of supervised release.
Bacon, a convicted felon, began working in East Tennessee as a registered nurse sometime before September 2012, even though she had no nursing degree, held no nursing license from the Tennessee Department of Health, and had no legitimate nursing experience. To accomplish her fraud, Bacon obtained the license numbers of real nurses with similar first names. Bacon then created phony aliases and used the real nurses’ license numbers to pose as an actual nurse and apply for nursing employment. In the process of submitting applications, Bacon falsely claimed that she held nursing degrees from Walters State College and Carson Newman University. Through her scheme, Bacon obtained employment with at least eight (8) healthcare providers between September 2012 and November 2018. During the six-year period, she worked in a variety of nursing settings, to include nursing homes, rehabilitation and assisted living facilities, a doctor’s office, and home health agencies.
Her imposter status gave her access to real patients, and Bacon rendered actual medical care to numerous patients, including dispensing medications, obtaining invasive access to patient’s bodies, and becoming privy to patients’ sensitive, private medical information. Due to her lack of qualifications, Bacon created a serious risk of injury, and even death, to patients she was treating. The risk manifested itself by Bacon performing procedures she was unqualified to perform, not performing needed procedures she recognized she was not qualified to perform, and failing to chart and document patient care in an appropriate fashion. According to the written plea agreement, at least one patient required re-admittance and a three-day hospital stay due to Bacon’s inept care.
The criminal information resulted from an investigation by the Tennessee Bureau of Investigation, the Tennessee Department of Health, and the Jefferson City Police Department.
Mac D. Heavener, III, Assistant United States Attorney, represented the United States.
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