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27 October 2020
Group Home Operator for Individuals with Intellectual and Developmental Disabilities Agrees to Settle ADA AllegationsRead the Press Release
ALEXANDRIA, Va. – United States Attorney G. Zachary Terwilliger today announced a settlement agreement under the Americans with Disabilities Act (ADA) with Good Neighbor Homes, Inc. (GNHI), which operates more than 50 group homes for individuals with intellectual and development disabilities (I/DD) in Virginia, and is the largest group home operator in Virginia.
The settlement agreement resolves allegations that GNHI failed to furnish sign language interpreting services during multiple complex and high stakes interactions with one of its residents who is deaf, including interactions in which the resident was supposed to be able to have an opportunity to provide meaningful input regarding her care plan, medical appointments, and incident investigations regarding serious injuries to the resident. As a result, the aggrieved individual alleged that she often did not understand what was happening with regard to significant aspects of her life. The U.S. Attorney’s Office further investigated allegations that GNHI sometimes relied on the complainant’s sister to facilitate communication in the absence of a sign language interpreter.
“This resolution demonstrates this office’s unwavering commitment to protecting the rights of those who are deaf or hard of hearing and ensuring that they are able to communicate with service providers who are responsible for providing person-centered care,” said Terwilliger. “GNHI provides essential services to a particularly vulnerable population, individuals who often have multiple disabilities and complex medical needs. We are pleased that GNHI has agreed to take steps to ensure that all of its group homes will furnish appropriate auxiliary aids and services, such as qualified sign language interpreters, to its consumers who need them in order to communicate effectively.”
In addition to making significant changes to its policies and practices, GNHI agreed to resolve these matters by paying $225,000 to the resident for whom it failed to furnish sign language interpreting services, $40,000 to her sister, and a civil penalty of $50,000.
To resolve these matters, GNHI agreed to adopt policies that will make its services accessible to individuals with communication disabilities; designate an ADA Administrator, who will be responsible for ensuring GNHI’s compliance with the ADA; enter into agreements with sign language interpreting service providers to provide services to its consumers who need them; and to provide training for its personnel on the ADA’s effective communication requirements. GNHI also agreed to pay damages to the complainant and her sister, and a civil penalty to the United States. This resolution is particularly significant because group homes are essential to ensuring that individuals with I/DD are able to receive community-based services and be integrated into their communities, and individuals who are deaf are entitled to have access to these services.
Assistant U.S. Attorney Steve Gordon, Civil Rights Enforcement Coordinator, investigated the matter. The civil claims settled by this ADA agreement are allegations only; there has been no determination of civil liability.
The Department of Justice has a number of publications available to assist entities in complying with the ADA including a Technical Assistance Publication entitled: ADA Requirements: Effective Communication and a Business Brief on Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings. For more information on the ADA and to access these publications, visit http://www.ada.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD). ADA complaints may be filed by email to [email protected].
2020 marks the ADA’s 30th anniversary. The Justice Department continues to advance the nation's goal of equal opportunity, integration, full participation, inclusion, independent living, and economic self-sufficiency for people with disabilities. Through its enforcement and technical assistance tools, the Justice Department strives to eliminate unlawful discrimination against individuals with disabilities.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Grand Jury - October 2020Read the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 14 unsealed Indictments charging 14 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Victor Avitia Esparza, age 35, is charged with illegal reentry after deportation on or about October 1, 2020, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* John Allen Belot, age 26, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) on February 17, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment. Count II charges the defendant with use of a firearm during and in relation to and knowingly possessing a firearm in furtherance of a drug trafficking crime on or about February 17, 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Cardell Conner, age 20, of Omaha, is charged with a felon in possession of a firearm on or about July 23, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Lucio Cruz-Guerrero, a/k/a Joaquin Guerrero Navarrete, age 38, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to distribute 500 grams of methamphetamine (mixture) on October 4, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count II charges the defendant with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine on or about March 6, 2020, and continuing to on or about October 4, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment.
* Miguel Alcangel Fonseca Maradiaga, age 32, is charged with illegal reentry after deportation on or about October 8, 2020. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Aaron Garcia Patlan, age 30, is charged with illegal reentry after deportation on or about October 7, 2020. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Miguel Angel Loeza Vinalay, age 39, is charged with illegal reentry after deportation on or about September 21, 2020. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Codie D. Maleskar, age 45, of Hastings, is charged in a five-count Indictment. Counts I – III charge the defendant with mail fraud beginning on or about November 2016 and continuing through February 10, 2017. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, 3-year term of supervised release, and a $100 special assessment for each count. Counts IV – V charges the defendant with wire fraud, beginning on or about August 4, 2016, and continuing to on or about April 9, 2016. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment for each count.
* Jose Ivan Marino-Meza, a/k/a Antonio Moreno Ramirez, age 24, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to distribute 500 grams of methamphetamine (mixture) on October 4, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count II charges the defendant with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) on or about March 6, 2020, and continuing to on or about October 4, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment.
* Jeffrey Thomas Ostdiek, age 54, is charged in a two-count Indictment. Count I charges the defendant with false personation of an officer or employee of the United States beginning on or about September 14, 2020 and continuing through September 25, 2020. The maximum possible penalty if convicted is 3 years’ imprisonment, a $250,000 fine, one-year term of supervised release, and a $100 special assessment. Count II charges the defendant with false personation of an officer or employee of the United States beginning on or about October 4, 2016 and continuing through January 30, 2017. The maximum possible penalty if convicted is 3 years’ imprisonment, a $250,000 fine, one-year term of supervised release, and a $100 special assessment.
* Robert Earl Partee, II, age 27, of Lincoln, Nebraska, is charged with conspiracy to distribute 500 grams of methamphetamine (mixture) on June 1, 2018, and continuing to on or about November 30, 2019. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment.
* Amitkumar Patel, age 41, of Council Bluffs, Iowa, is charged in a two-count Indictment. Count I charges the defendant with attempted coercion and enticement of a minor on September 4, 2020 through on or about September 8, 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, life term of supervised release, and a $100 special assessment and $5,000 additional SA. Count II charges the defendant with travel with intent to engage in illicit sexual conduct on September 8, 2020. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, life term of supervised release, and a $100 special assessment and $5,000 additional SA.
* Jonathan Daniel Rooney, age 26, of Winnebago Indian Reservation, is charged in a two-count Second Superseding Indictment. Count I charges the defendant with second degree murder on May 16, 2020. Rooney was charged with manslaughter in the previous Indictment. The maximum possible penalty if convicted is life imprisonment, five-year term of supervised release, and a $100 special assessment. Count II charges the defendant with tampering with documents or proceedings on May 16, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, three-year term of supervised release, and a $100 special assessment.
* Jairo Luis Vera-Gutierrez, age 30, is charged with illegal reentry after deportation on or about October 10, 2020. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
Garner Man Sentenced to 30 Years in Prison for Attempted Enticement of a Minor and Possession of Child PornographyRead the Press Release
GREENSBORO, N.C. – A Garner, N.C., man who traveled to Alamance County to have sex with what he believed to be a 13-year-old girl was sentenced to 30 years in prison today, announced Matthew G.T. Martin, United States Attorney for the Middle District of North Carolina.
JOSEPH DANIEL ORAN, 34, pleaded guilty on May 7, 2020 for attempted enticement of a minor and possession of child pornography. He was sentenced today by United States District Judge Catherine C. Eagles to 360 months of imprisonment followed by 20 years of supervised release. Judge Eagles sentenced ORAN to 360 months for attempted enticement of a minor, and 240 months for possession of child pornography, with those sentences running concurrently.
At the time he committed the Alamance County offenses, ORAN was already a registered sex offender following his 2011 Wake County, N.C., conviction for solicitation of a child by computer and indecent liberties with a minor.
Beginning in September 2017, Oran began chatting online with an individual purporting to be a 13-year-old girl, but who was actually an undercover detective with the Alamance County Sheriff’s Office. ORAN exchanged more than two thousand text messages with the undercover detective over several weeks. ORAN repeatedly directed the conversation to topics of a sexual nature and expressed his desire to engage in sexual acts with the person he believed to be a 13-year-old girl. He also offered to send child pornography, texting, “Yeah like other people make it like other adults make it with kids and then they send it to people…It's against the law but they make it.” ORAN was arrested on October 31, 2017 after he traveled to a residence in Alamance County for the purpose of engaging in indecent liberties with a minor. Investigators subsequently identified a cloud storage account possessed by ORAN that contained child pornography.
This case was investigated by the Alamance County Sheriff’s Office with support from Homeland Security Investigations (HSI). Both are members of the North Carolina Internet Crimes
Against Children (ICAC) Task Force. The ongoing Alamance County Sheriff’s Office undercover operation has resulted in multiple arrests and convictions, including I. JEFFREY BRANDEIS (https://www.justice.gov/usao-mdnc/pr/durham-man-caught-alamance-county-child-exploitation-operation-sentenced-10-years) and ADRIAN RODRIGUEZ (https://www.justice.gov/usao-mdnc/pr/two-men-sentenced-separate-incidents-attempting-sexually-exploit-minors-online).
This case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat online child sexual exploitation and abuse, and prosecuted by Assistant United States Attorneys Eric L. Iverson and Whitney N. Shaffer. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to 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.
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Fourth Employee in Cash Flow Partners’ Bank Fraud Conspiracy Admits Role in Multimillion-Dollar Loan SchemeRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey, woman today admitted participating in a scheme that involved the creation of false documentation to secure over $4 million in bank loans, U.S. Attorney Craig Carpenito announced.
Gladys Collins, 43, of Wayne, New Jersey, pleaded guilty by videoconference before U.S. District Judge Kevin McNulty to an information charging her with one count of conspiracy to commit bank fraud.
According to documents filed in this case and statements made in court:
Between March 2016 and September 2019, Cash Flow Partners LLC, a business consulting firm with offices in New York and New Jersey, released internet advertisements and held seminars offering to assist customers in obtaining bank loans, including loans insured by the Federal Deposit Insurance Corporation (FDIC). When customers submitted documentation supporting their bank loan applications to Cash Flow Partners, Collins and others created false documentation to make customers’ loan applications appear more financially viable than they actually were. Victim banks sustained losses of over $4 million.
Three of Collins’ conspirators, Edward Espinal, Jennie Frias, and Raymundo Torres, have previously pleaded guilty to charges relating to their role in the Cash Flow bank fraud conspiracy and are awaiting sentencing.
The conspiracy to commit bank fraud charge carries a maximum potential penalty of 30 years in prison and a $1 million fine. Sentencing is scheduled for March 8, 2021.
Individuals who believe they may have information about this case may contact the FBI at 1-800-CALL-FBI (225-5324).
U.S. Attorney Carpenito credited special agents of the FDIC-Office of the Inspector General (FDIC-OIG), under the direction of Special Agent in Charge Patricia Tarasca in New York, and special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys J. Stephen Ferketic of the Opioids Unit and Ari B. Fontecchio of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
Defense counsel: Lawrence M. Fisher Esq., New York
Forty-Two People Indicted for Participating in Drug Trafficking Organization Responsible for Overdose DeathsRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama joined
Mobile Police Chief Lawrence L. Battiste, Mobile County Sheriff Sam Cochran, DEA Special
Agent in Charge Brad L. Byerley, HSI Special Agent in Charge Katrina W. Berger, ATF Acting
Special Agent in Charge Toby Taylor, and FBI Special Agent in Charge James Jewell in announcing the unsealing today of a forty-eight count indictment charging forty-two members and associates of a Mobile County, Alabama-based multi-state drug smuggling and distribution organization known as the “Crossley Hills Drug Trafficking Organization (DTO).” The grand jury charged the members and associates with narcotics conspiracy and firearms offenses. The
Grand Jury also charged that overdose deaths of four individuals were attributable to the drugs trafficked by the Crossley Hills DTO. The indictment was the result of two years of an
Organized Crime Drug Enforcement Task Force investigation by federal, state, and local law enforcement into the narcotics activities of the Crossley Hills group.
To date, nineteen defendants have been taken into custody today; seven other defendants were already in custody. Defendants arrested this morning in the Southern District of Alabama will be presented and arraigned before U.S. Magistrate Judge Katherine P. Nelson today. Three defendants were to be arrested in the Western District of Louisiana today.
U.S. Attorney Richard W. Moore said: “The COVID pandemic has overshadowed another public health crisis that still exists in our community: overdose death due to opioid abuse. The indictment of those associated with the Crossley Hills drug trafficking organization in West Mobile, Alabama represents the combined work of our local law enforcement agencies plus our federal agencies to dismantle this criminal enterprise. This group peddled drugs that in at least four cases resulted in the deaths of sons, daughters and other loved ones from our community. The Crossley Hills organization sold a drug that was potent enough to kill its users earning it the name “Grey Death.” There is no corner of our country or our community that has been spared this national crisis, and we cannot arrest or prosecute our way out of it. This is going to take a different kind of intervention by all of us in the community to prevent more deaths from opioid abuse.”Mobile Police Chief Lawrence L. Battiste said, “I would like to emphasize the impact of the collaboration of all of the agencies involved. There are 42 individuals in our community that will no longer be allowed to prey on the most vulnerable among us. Our community is going to be made better from the results of this operation.”
DEA Special Agent in Charge Brad L. Byerley said, “The wreckage caused by drugs and violence affects everyone. No matter the amounts of drugs they sell, drug dealers breed crime in our neighborhoods and are a danger to our children. Drug overdoses have increased dramatically and are destroying countless lives. The arrests in this investigation demonstrate to the citizens of
Mobile and the surrounding area that law enforcement can come together and accomplish great things. DEA and our federal, state, and local law enforcement partners will continue to investigate those who distribute poison with no regard for human life. These arrests should also serve as a warning to drug dealers in communities throughout this region and beyond your illegal and destructive actions will not be tolerated.”
Mobile County Sheriff Sam Cochran said, “This joint investigation by all levels of law enforcement shows how prevalent the opioid problem is within our community, and may for the first time directly tie drug dealers to the deaths and overdoses of those in the chains of addiction.”
“The days of these criminals selling poison and destroying lives are over,” said Special
Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Powerful opioids like fentanyl have the potential to kill just by contact and are far too dangerous to be sold on the street. HSI and its law enforcement partners will continue to work tirelessly to bring an end to criminal organizations, like this, that are flooding the community with dangerous drugs.”
ATF’s priority in the case focuses on the recovery of crime guns which include those that have been stolen. The use of NIBIN technology will determine if these firearms have been used in previous crimes. ATF Acting Special Agent in Charge Toby Taylor remarked, “ATF’s Crime
Gun Intelligence partnerships as part of Project Guardian focuses on the devastating impact of firearms and narcotics trafficking violence and works with the entire community to provide a safe environment.”
FBI Special Agent in Charge James Jewell stated, “This case is a testament to the partnerships that exist among the state, local, and federal law enforcement entities in our area.
These arrests should sound the alarm for those who choose to sell this poison on our streets and in our communities. FBI Mobile is proud to stand with our law enforcement partners in this important mission.”
According to the indictment, the Crossley Hills DTO operated in Mobile County, Alabama, and elsewhere, distributing various controlled substances, including heroin, fentanyl, methamphetamine, Xanax, Oxycodone, Opana, and Roxicodone to customers in Southern
Alabama and elsewhere. Relying on regional and local sources of supply to acquire controlled substances for its distribution, the indictment alleges that the Crossley Hills DTO, beginning in
2016, has distributed a substantial amount of the heroin in Mobile County, Alabama. These heroin sales have led to numerous overdoses resulting in hospitalizations and deaths, according to the indictment.
Charged in the indictment are Martin Carlton Melton, aka MC; Jessie Lee Andrews; Lisa
Overby Brokaw; Reginald Irvin Burgess; Melody Noel Cleburn, aka Angel Noel; Jimmy Earl
Conner; Mortimer Adrian Cottrell, aka Cuz; Khadarrin J. Crayton, aka KD; Chad Joshua
Delevieleuse, aka Chad the Pilot; Donna J. Delevieleuse; Kiairus Jamer Diamond, aka Nephew; Julisa Natalia Dillard; Sydney Elizabeth Dunn; Marinda Olivia Loetta Heflin; Cornell Lemont
Houston, aka CJ; Avamae Gaynell Jackson, aka Ava; Tomocus Lawrence Jackson, aka J-Bo; Richard Gaines Krause; Brittany Victoria Lovejoy; Harrison Lavelle Luker; Austin Tyler
Mamuscia; Tyler Weston Martin; Fitzalbert Norman Mcgloshen, aka Fitz; Gabrielle Antoinette
Mims; Jonas Moore, aka Rip; Autumn Jean Moorehead; Annetta Gaynell Owens, aka Gaynell; Adam Joseph Owens, aka AJ; aka Big Homie; William Grant Owens, aka Whip, aka Surge; Edwin Jerome Owens, aka EJ; Terry Lamont Owens, aka Solo; Amber Lee Parker, aka Amber
Russell; Ed Ray Patterson, aka Unc, aka Pop; Wendy Gale Roberts; Mark Robert Rupprecht, aka
Ghost; Alex Scott, aka Black; Lemont Stevens, aka Mont; Denton Taylor Stanley; and Jessica
Defloren Tubb aka Allie.
Six defendants were charged with distributing fentanyl that resulted in overdose deaths of four people. Martin Carlton Melton, aka MC; Terry Lamont Owens, aka Solo; Cornell Lemont
Houston, aka CJ; Marinda Olivia Loetta Heflin; William Grant Owens, aka Whip, aka Surge; and Jessica Defloren Tubb, aka Allie would be subject to a minimum mandatory sentence of twenty years and a maximum of life if convicted. Sentences for other defendants would vary depending on the type and amount of drugs attributable to them in the conspiracy.
In addition to the drug trafficking charges, five defendants were charged with firearms violations. Adam Joseph Owens, aka AJ, was charged with possession of a firearm in furtherance of a drug trafficking crime. Ed Ray Patterson, aka Unc, aka Pop; Tomocus Lawrence Jackson, aka J-Bo, aka CJ; and Alex Scott, aka Black, were charged with possession of firearms after a felony conviction.
This case was investigated by the Drug Enforcement Administration, the Mobile Police
Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Mobile County
Sheriff’s Office, Homeland Security Investigations, and the Federal Bureau of Investigation under the auspices of the United States Attorney’s Office for the Southern District of Alabama
Organized Crime and Drug Enforcement Task Force. The Alabama Law Enforcement Agency, the Baldwin County Drug Task Force, and the Saraland Police Department provided key investigative support to the investigation. Assistant United States Attorney Luis F. Peral, Lead
OCDETF Attorney, and Assistant United States Attorney George F. May are handling prosecution of the case for the United States.
The charges contained in an indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.Former oil executive sentenced for role in false payroll schemeRead the Press Release
CORPUS CHRISTI, Texas – A 42-year-old Houston man has been ordered to federal prison following his conviction of money laundering through wire fraud, announced U.S. Attorney Ryan K. Patrick.
Mohamad Sylla pleaded guilty May 28, admitting he conspired with Jose Luis Briseno, 41, Tynan, and David Contreras, 40, Paso Robles, California, to get a Houston oil production company to issue paychecks for work Contreras never completed and while he was not even employed at the company.
Today, U.S. District Judge David S. Morales handed Sylla a 30-month sentence to be immediately followed by three years of supervised release.
From Jan. 1 to Sept. 11, 2015, Briseno and Sylla were employed at the company as the service coordinator and South Texas region manager, respectively. The two men conspired to approve timesheets for Contreras even though he was no longer employed there. Briseno and Sylla ensured the timesheets were approved and payments issued. Once Contreras received the funds, he would split the paycheck with Briseno and Sylla. Briseno and Sylla additionally approved a series of fraudulent payments to fictitious vendors for services not provided.
The Houston oil production company paid out more than $400,000 as a result of the fraudulent schemes. Contreras, Briseno and Sylla then conspired to engage in monetary transactions using a portion of the funds.
On July 28, Judge Morales ordered Briseno to a 27-month sentence to be immediately followed by two years of supervised release. Contreras also pleaded guilty was sentenced to 12 months.
Sylla was permitted to remain on bond and surrender at a later date to a U.S. Bureau of Prisons facility.
The FBI conducted the investigation. Former Assistant U.S. Attorney (AUSA) Jeremy C. Fugate prosecuted the case. AUSA Robert Thorpe handled the sentencing.
Former eBay Employee Pleads Guilty in Aggressive Cyberstalking CampaignRead the Press Release
BOSTON – A former supervisor of security operations for eBay’s European and Asian offices pleaded guilty today to his role in a cyberstalking campaign targeting a Natick, Mass. couple who published a newsletter that eBay executives viewed as critical of the company.
Philip Cooke, 55, of San Jose, Calif., a former police captain in Santa Clara, Calif., pleaded guilty to conspiracy to commit cyberstalking and conspiracy to tamper with witnesses. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Feb. 24, 2021.
Cooke conspired with six other former eBay employees. David Harville, 48, of New York City and James Baugh, 45, of San Jose, Calif., were charged on June 15, 2020, with conspiracy to commit cyberstalking and conspiracy to tamper with witnesses. The charging documents identified Cooke as “Supervisor 1.” Stephanie Popp, 32, and Veronica Zea, 26, both of San Jose, Calif., pleaded guilty on Oct. 8, 2020 and are scheduled to be sentenced on Feb. 25, 2021. Stephanie Stockwell, 26, of Redwood City, Calif., and Brian Gilbert, 51, of San Jose, Calif., are scheduled to plead guilty on Oct. 29, 2020.
According to the charging documents, the victims of the cyberstalking campaign were a Natick couple who are the editor and publisher of an online newsletter that covers ecommerce companies, including eBay. Members of eBay’s executive leadership team followed the newsletter’s posts, often taking issue with its content and the anonymous comments underneath the editor’s stories.
It is alleged that in August 2019, the defendants executed a three-part harassment campaign against the Natick couple. Among other things, several of the defendants ordered anonymous and disturbing deliveries to the victims’ home, including a preserved fetal pig, a bloody pig Halloween mask and a book on surviving the loss of a spouse.
As part of the second phase of the campaign, some of the defendants allegedly sent private Twitter messages and public tweets criticizing the newsletter’s content and threatening to visit the victims in Natick. The charging documents allege that Cooke, Baugh, Gilbert, and Popp planned these messages to become increasingly disturbing, culminating with “doxing” the victims (i.e., publishing their home address). It is alleged that the same group intended then to have Gilbert, a former Santa Clara police captain, approach the victims with an offer to help stop the harassment that the defendants were secretly causing, in an effort to promote good will towards eBay.
The third phase of the campaign allegedly involved surveilling the victims in their home and community. The victims spotted the surveillance, however, and notified the Natick police, who began to investigate.
Aware that the police were investigating, the defendants allegedly sought to interfere with the investigation. For example, it is alleged that Cooke and several of the other defendants discussed the possibility of presenting Natick Police with a false investigative lead to keep the police from discovering video evidence that could link some of the deliveries to eBay employees. As the police and eBay’s lawyers continued to investigate, the defendants allegedly deleted digital evidence that showed their involvement, further obstructing what had by then become a federal investigation.
The charges of conspiracy to commit cyberstalking and conspiracy to tamper with witnesses each carry a sentence of up to five years in prison, three years of supervised release, a fine of up to $250,000 and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Natick Chief of Police James G. Hicks made the announcement today. eBay provided valuable assistance and cooperation with the federal investigation. Assistant U.S. Attorney Seth B. Kosto, Deputy Chief of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Office Manager Sentenced to Prison for Defrauding Warner Robins Business of Nearly $1.4 MillionRead the Press Release
MACON, Ga. - The former office manager of a computer services company in Warner Robins, Georgia was sentenced to federal prison today for embezzling nearly $1.4 million from the business, forging 419 checks during the nine year scheme, said Charlie Peeler, the U.S. Attorney for the Middle District of Georgia.
Sheila Bowden, 52, of Macon, was sentenced to 51 months in prison by U.S. District Judge C. Tripp Self after previously pleading guilty to one count mail fraud. There is no parole in the federal system.
Bowden was the office manager for Micro Technology Consultants, Inc. (MTC), a computer services business in Warner Robins. Beginning about March 26, 2009, and continuing through about January 18, 2018, Bowden used her position to embezzle $1,393,869.74 from MTC. She prepared unauthorized checks drawn on MTC’s business account, forging the signature of MTC’s owner on the checks, and making the checks payable to “Petty Cash - Office.” She would then cash two checks at a time payable to “Petty Cash - Office” at a bank branch in Warner Robins. She always came to the bank alone when cashing the checks and would usually receive $50 and $100 bills. She would then use the cash for her own purposes. During the scheme, Bowden forged a total of 419 checks amounting to nearly $1.4 million.
“Over a period of nearly nine years, the defendant, pretending to be a trusted employee, covertly stole nearly $1.4 million from the owners of a successful small business in Warner Robins. This kind of theft is crippling for hard-working, law-abiding citizens, and will not be tolerated in the Middle District of Georgia,” said U.S. Attorney Charlie Peeler. “I want to thank FBI and Warner Robins Police for their work investigating this case.”
“Bowden was elevated to a position of leadership by the company that hired and chose to throw her lucrative career away,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Thanks to the investigative efforts of our law enforcement partners, she will spend time in prison for choosing her own self-interest and greed over her former company’s trust.”
“Ms. Bowden played on the goodwill of her employer who entrusted her to do the right thing with the company money. Ms. Bowden’s greed and corruption, although seemingly small at the time, resulted in tremendous losses for her employer, employees, bank and those who do business with the company. White-collar crime is not victimless. Warner Robins Police are appreciative of the assistance from FBI and the U.S. Attorney’s Office in the prosecution of Ms. Bowden,” said Warner Robins Police Chief John Wagner.
The case was investigated by FBI, Macon Resident Agency and by the Warner Robins Police Department. Assistant U.S. Attorney Paul McCommon prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Five Peruvians Extradited for Overseeing Call Centers That Threatened and Defrauded Spanish-Speaking U.S. ConsumersRead the Press Release
Five residents of Lima, Peru, were extradited to the United States and made their initial appearances in Miami federal court, where they stand accused of operating a large fraud and extortion scheme targeting Spanish-speaking consumers in the United States, the Department of Justice and U.S. Postal Inspection Service announced today.
“The Department of Justice’s Consumer Protection Branch will pursue and prosecute transnational criminals who defraud U.S. consumers, wherever they are,” said Acting Assistant Attorney General Jeffrey Bossert Clark. “Criminals who defraud and threaten U.S. consumers by phone will not escape justice by placing their calls from abroad. I thank the Republic of Peru for extraditing these individuals to face charges here in the United States.”
“The U.S. Postal Inspection Service (USPIS) will not allow overseas criminal enterprises to illegally enrich themselves by using the mail to defraud consumers in the United States,” said USPIS Miami Division Inspector in Charge Antonio J. Gomez. “With the continued cooperation of foreign governments, these criminals will be aggressively pursued and brought to justice.”
Henrry Milla Campuzano, 36; Fernan Huerta Haro, 33; Evelyng Milla Campuzano, 35; Jerson Renteria Gonzales, 37; and Omar Cuzcano Marroquin, 32; all of Lima, Peru, face a 55-count indictment charging them with conspiracy, mail fraud, wire fraud, and extortion. The indictment was filed in the U.S. District Court for the Southern District of Florida in June 2018 and unsealed upon the defendants’ extradition to the United States.
According to the indictment, the defendants managed and operated a series of connected Peruvian call centers that used Internet-based telephone calls to contact Spanish-speaking consumers in the United States. The call centers falsely told consumers they had won raffles for free products, including computer tablets with English-language courses. Many consumer victims expressed interest in receiving the free products. In later calls, those victims—many of whom were elderly — were told they were required to make large payments to receive the products. When victims objected, the callers misrepresented that the victims had unlawfully failed to pay for or receive delivery of products.
According to the indictment, the defendants and their employees falsely claimed to be lawyers, court officials, federal agents, and representatives of a supposed “minor crimes court.” The defendants and their employees falsely told victims that they had a contractual obligation to pay for and receive products and had caused legal problems for themselves and others by allegedly failing to do so. The indictment alleges that the callers also falsely threatened victims with court proceedings, negative marks on their credit reports, imprisonment, or immigration consequences if they did not immediately pay for the purportedly delivered products and settlement fees. According to the indictment, many victims paid because of these baseless threats, and the defendants and their co-conspirators fraudulently collected over $3 million in victim payments.
An indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The case is being prosecuted by Trial Attorney Phil Toomajian of the Department of Justice’s Civil Division, Consumer Protection Branch. The USPIS investigated the case. The Department of Justice's Criminal Division’s Office of International Affairs, the U.S. Attorney’s Office of the Southern District of Florida, the Diplomatic Security Service, and the Peruvian National Police provided critical assistance.
Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In January 2020, the department designated “Preventing and Disrupting Transnational Elder Fraud” as an Agency Priority Goal, one of its top four priorities. Later, in March 2020, the department announced the largest elder fraud enforcement action in American history, charging more than 400 defendants in a nationwide elder fraud sweep. The department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.
The department’s extensive and broad-based efforts to combat elder fraud seek to halt the billions of dollars senior lose to fraud schemes, including those perpetrated by transnational criminal organizations. The best method for prevention, however, is by sharing information about the various types of elder fraud schemes with relatives, friends, neighbors, and other seniors who can use that information to protect themselves.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed 7 days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.
For more information about the Consumer Protection Branch, visit its website at www.justice.gov/civil/consumer-protection-branch.
Federal Grand Jury Indicts Two Individuals for KidnappingRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury today indicted two persons alleging they collected ransom money as part of a kidnapping conspiracy, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr., and U.S. Secret Service Special Agent in Charge Patrick Davis.
A two-count indictment filed in U.S. District Court charges Matthew Amos Burke, 34, and Tabatha Nicole Hodges, 32, each with one count of conspiracy and one count of kidnapping.
According to the indictment, on September 11, 2020, Burke and Hodges traveled to a residence in Jefferson County, Alabama and unlawfully entered an individual’s home. They abducted him and transported him to a residence in Remlap, Alabama, in an effort to obtain ransom money in the amount of $250,000. A wire transfer in the amount of $250,000 was sent to a bank account belonging to Hodges. After receiving the ransom money, Burke and Hodges transported the individual back to his residence and released him. Burke told him that his family would be killed if he called the police about the kidnapping or the ransom.
The maximum penalty for conspiracy is five years in prison. The maximum penalty for kidnapping is up to life in prison.
FBI and United States Secret Service investigated the case, along with Birmingham Police Department, and Mountain Brook Police Department. The case is being prosecuted by Assistant United States Attorney John G. Camp and Assistant United States Attorney William G. Simpson.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Federal Grand Jury Indicts New Orleans Man for a Firearms ViolationRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced today that on Friday, October 23, 2020, CHRISTOPHER ARANA, age 26, a resident of New Orleans, Louisiana was charged in a one-count indictment by a federal grand jury. ARANA is charged with Possession of a Firearm by a Convicted Felon in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
If convicted, ARANA faces a maximum sentence of 10 years imprisonment, a fine of up to $250,000.00, a period of supervised release of up to 3 years, and a mandatory special assessment fee of $100.00 for each charge.
U. S. Attorney Strasser reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Bureau of Alcohol, Tobacco, Firearms and Explosives. For more information about Project Guardian, please see https://www.justice.gov/usao-edla/project-guardian.
This case was investigated by the New Orleans Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Brittany Reed of the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.
Federal Grand Jury Indicts New Orleans Man for a Firearms ViolationRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced today that on Friday, October 23, 2020, JAYLON JOHNSON, age 23, a resident of New Orleans, Louisiana was charged in a one-count indictment by a federal grand jury. JOHNSON is charged with Possession of Firearm by a Convicted Felon in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
If convicted, JOHNSON faces a maximum sentence of 10 years imprisonment, a fine of up to $250,000.00, a period of supervised release of up to 3 years, and a mandatory special assessment fee of $100.00 for each charge.
U. S. Attorney Strasser reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Bureau of Alcohol, Tobacco, Firearms and Explosives. For more information about Project Guardian, please see https://www.justice.gov/usao-edla/project-guardian.
This case was investigated by the New Orleans Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Brittany Reed of the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.
Euclid man with previous conviction of involuntary manslaughter charged in string of armed robberiesRead the Press Release
U.S. Attorney Justin Herdman announced that a federal grand jury sitting in Cleveland has returned a nine-count indictment charging David C. Johnson, age 33, of Euclid with four counts of robbery, four counts of brandishing a firearm during a crime of violence and one count of being a felon in possession of a firearm.
The indictment states that between November 27, 2019, and January 25, 2020, the defendant is alleged to have committed a series of armed robberies of individuals and businesses in Cleveland, Euclid, Parkman, and Chardon. The following is a list of the alleged armed robberies charged in the indictment:
- Sunoco gas station in Euclid on November 27, 2019.
- BP gas station in Parkman on January 18, 2020.
- Dollar General in Chardon on January 18, 2020.
- Gas Mart gas station in Euclid on January 25, 2020.
According to the criminal complaint, investigators located a stolen vehicle used in the alleged robberies at the known residence of the defendant. A search of the residence and the defendant produced several items of clothing and a .40 caliber, semi-automatic pistol, all observed in surveillance video. In addition, law enforcement officers performed a review of a Google account connected to a cell phone seized during the search of the defendant. GPS coordinates of the account were consistent with the dates and times of several of the alleged robberies.
The defendant is prohibited from possessing a firearm due to previous convictions for felon in possession of a firearm, involuntary manslaughter and aggravated robbery.
This matter is part of Operation Legend in Cleveland, a systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted, the defendant’s sentence will be determined by the court after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding this indictment was conducted by the FBI, the ATF, Lake County Sheriff’s Office, Geauga County Sheriff’s Office, Geauga County Prosecutor’s Office, Cuyahoga County Prosecutor’s Office Crime Strategies Unit, Euclid Police Department, Willoughby Police Department and the Cleveland Division of Police. This case is being prosecuted by Assistant United States Attorneys Kelly Galvin and Margaret Kane.
Elmira Methamphetamine Trafficker Going to Prison for More Than 16 1/2 YearsRead 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 Kevin E. McKinney a/k/a K-Born, 43, of Elmira, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, 50 grams of methamphetamine, was sentenced to serve 200 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Robert A. Marangola, who handled the case, stated that the charges stem from a long-term, multi-agency investigation into the trafficking of large quantities of methamphetamine in the City of Elmira. On September 13, 2019, law enforcement executed a federal search warrant at an apartment at 916 Grand Central Avenue in Elmira. Officers seized over 1.1 kilograms of 95% pure methamphetamine, a quantity of heroin, and narcotics distribution paraphernalia. McKinney was arrested along with Jamal Anderson a/k/a Blaze, and Briana Hall. McKinney had over $3,200 in his pockets, as well as keys to the apartment at 916 Grand Central Avenue. The cash seized from McKinney has been forfeited as drug proceeds by the DEA.
McKinney obtained large quantities of methamphetamine in New Jersey, which he transported to Elmira. He stored and packaged the methamphetamine for distribution at various locations, including the Grand Central Avenue residence and residences on W. First Street and Henry Street. In addition, McKinney facilitated third-party purchases and directed the distribution of methamphetamine to others. During the conspiracy, McKinney and other members of the conspiracy also possessed firearms.
Brianna Hall was previously convicted and is awaiting sentencing.
Charges remain pending against Jamal Anderson. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the culmination of an investigation on the part of the Elmira Police Department, under the direction of Chief Joseph Kane; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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El Fiscal Federal Para El Distrito De Puerto Rico W. Stephen Muldrow Nombra Funcionario ElectoralRead the Press Release
El fiscal federal W. Stephen Muldrow anunció hoy que el Jefe de la Sección de Fraude Financiero y Corrupción, el fiscal federal auxiliar (AUSA, por sus siglas en inglés) Seth Erbe, liderará los esfuerzos de su oficina relacionados con el Programa del Día de las Elecciones del Departamento de Justicia a nivel nacional para las elecciones generales este próximo 3 de noviembre de 2020. Se ha nombrado a AUSA Erbe para que ejerza como el funcionario electoral del distrito (DEO, por sus siglas en inglés) para el Distrito de Puerto Rico. En dicha capacidad, en este Distrito, será responsable por supervisar el manejo de las querellas de fraude electoral y las inquietudes sobre los derechos de los electores en consulta con la sede del Departamento de Justicia en Washington.
El fiscal Muldrow expresó: “Todo ciudadano tiene que poder votar sin interferencias o discriminación y que su voto se cuente sin que se lo roben fraudulentamente. El Departamento de Justicia siempre actuará cuando sea debido para proteger la integridad del proceso electoral”.
El Departamento de Justicia juega un papel importante en impedir el fraude electoral y el discrimen en las urnas y en combatir estas faltas cuando y dondequiera que ocurran. El tradicional Programa del Día de las Elecciones promueve estos objetivos y también busca garantizar la confianza del público en la integridad del proceso electoral al proporcionar puntos de contacto locales dentro del Departamento para que el público informe sobre posibles fraudes electorales y violaciones de los derechos de los electores mientras los colegios de votación estén abiertos el día de las elecciones.
La ley federal protege contra delitos como intimidar o sobornar a los electores, comprar y vender votos, hacerse pasar por electores, alterar los recuentos de votos, llenar las urnas y marcar las boletas de los electores en contra de su voluntad o sin tomar en cuenta su opinión. También existen protecciones especiales para los derechos de los electores y establece que pueden votar libres de actos que los intimiden o acosen.
Por ejemplo, personas que actúen con la intención interrumpir o intimidar a los electores en los colegios de votación al interrogarlos o desafiarlos, o al tomarles fotos o videos, con el pretexto de que se trata de acciones para descubrir votaciones ilegales pueden violar la ley federal de derecho al voto. Además, la ley federal protege el derecho de los electores a marcar su propia papeleta o a que los asista una persona que ellos elijan (cuando los electores necesitan ayuda debido a una discapacidad o por analfabetismo).
El sufragio es el fundamento de la democracia estadounidense. Todos debemos asegurarnos de que aquellos que tienen derecho al voto, puedan ejercerlo si así lo eligen y que aquellos que busquen corromperlo tengan que enfrentar a la justicia. Para responder a las querellas de fraude electoral o inquietudes sobre los derechos de los electores durante el período de votación que finaliza el 3 de noviembre de 2020, y para garantizar que dichas quejas se dirijan a las autoridades correspondientes, el fiscal federal Muldrow expresó que AUSA/DEO Erbe estará de turno en este Distrito mientras los colegios estén abiertos. El público puede comunicarse con él en los siguientes números de teléfono 787-340-1795 o 787-340-1890.
Además, el FBI tendrá agentes especiales disponibles en cada oficina local y agencia residente en todo el país para recibir querellas de fraude electoral y otros abusos electorales el día de las elecciones. El público puede comunicarse con la oficina local del FBI llamando al 787-754-6000 o 787-987-6500.
Las querellas sobre posibles violaciones de las leyes federales de derecho al voto pueden presentarse directamente a la División de Derechos Civiles en Washington, DC, por teléfono al (800) 253-3931 o mediante el formulario de querellas en https://civilrights.justice.gov/.
En caso de un delito de violencia o intimidación, llame al 911 de inmediato y antes de comunicarse con las autoridades federales. La policía estatal y local tiene jurisdicción primaria sobre los colegios de votación y casi siempre tienen la capacidad de reaccionar más rápidamente ante una emergencia.
El fiscal federal Muldrow afirmó que “asegurar unas elecciones libres y justas depende en gran parte de la cooperación del electorado estadounidense. “Es imperativo que aquellos que tienen información específica sobre discrimen o fraude electoral lo reporten mi oficina, el FBI o la División de Derechos Civiles”.
El año 2020 marca el 150 aniversario del Departamento de Justicia. Conozca más sobre la historia de nuestra agencia en www.Justice.gov/Celebrating150Years.
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Eau Claire Man Arrested by Operation Kick Boxer for Child Pornography Distribution ChargesRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on October 20, 2020, a federal grand jury handed down an indictment alleging that Evan C. Pasicznyk (age: 36) of Eau Claire, Wisconsin, distributed child pornography in violation of Title 18, United States Code, Sections 2252A(a)(2)(A).
Pasicznyk is charged with a single-count of distributing child pornography. The count carries a mandatory minimum sentence of five years and up to 20 years of incarceration in federal prison upon conviction.
Pasicznyk’s indictment is a direct result of Operation Kick Boxer, a collaborative effort involving the Milwaukee Division of the Federal Bureau of Investigation (FBI), the U.S. Attorney's Office for the Eastern District of Wisconsin, and the Winnebago County Sheriff's Office, https://go.usa.gov/x72WN
This case was investigated by the Federal Bureau of Investigation’s Milwaukee and Green Bay Offices, as well as the Winnebago County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
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.
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Drug Trafficker from Ville Platte Sentenced on Federal Drug ChargesRead the Press Release
LAFAYETTE, La. - A Ville Platte man was sentenced today by United States District Judge Robert R. Summerhays for conspiracy to distribute and possess with intent to distribute methamphetamine, announced Acting United States Attorney Alexander C. Van Hook.
Closton John Melvin, a/k/a “Git Money C,” a/k/a “C.J.,” 34, was sentenced to 127 months (10 years, 7 months) in prison followed by 5 years of supervised release. Melvin pled guilty to the charge on November 8, 2019. The charge stems from a multi-agency investigation into the drug trafficking activities of Melvin and 11 other co-defendants.
In November and December 2018, law enforcement agents made undercover purchases of methamphetamine and cocaine from Melvin. According to documents introduced in court, laboratory tests confirmed that the drugs sold by Melvin were 27.9 grams of cocaine and approximately 122 grams of methamphetamine. Law enforcement agents continued their investigation into the drug trafficking activities of Melvin and obtained authorization from the court to conduct a wiretap on Melvin’s cell phone that he used to organize narcotics transactions. During the interceptions, law enforcement agents intercepted calls wherein Melvin used his phone to coordinate methamphetamine distribution and he sold smaller amounts of other drugs including powder and crack cocaine.
This prosecution is part of a larger investigation conducted by the Drug Enforcement Administration through its Southwest Louisiana HIDTA Task Force and Organized Crime and Drug Enforcement Task Forces. The Louisiana State Police Narcotics Division initiated the investigation, and Special Agents with DEA, as well as Task Force Officers assigned to the Southwest Louisiana HIDTA Task Force, completed the investigation. In addition to the above conviction and sentence, the investigation resulted in the dismantling of a drug trafficking organization in Ville Platte, Louisiana. Assistant U.S. Attorney Robert C. Abendroth prosecuted the case.
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Department of Justice Files Complaint Against California Company to Stop Distribution of Adulterated Animal DrugsRead the Press Release
The United States filed a civil complaint to stop a California company from manufacturing and distributing adulterated animal drugs, the Department of Justice announced today.
The complaint, filed October 27, seeks a permanent injunction against defendants Med-Pharmex, Inc. (MPX), Gerald P. Macedo, and Vinay M. Rangnekar to prevent them from manufacturing and distributing animal drugs under conditions that fall short of the minimum regulatory requirements to ensure safety and quality. The complaint alleges that multiple inspections by the U.S. Food and Drug Administration (FDA) repeatedly showed that the defendants failed to conform to current good manufacturing practices (cGMPs), including failure to maintain sterility.
“Americans depend on animal drugs being safe and effective,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “We will continue working with FDA to ensure all drug manufacturers abide by public safety requirements.”
“Ensuring FDA-approved animal medications are safe, effective and manufactured using current good manufacturing practices is an important part of the FDA’s mission to protect human and animal health,” said FDA Chief Counsel Stacy Amin. “The FDA will continue to pursue actions against those who put animal patients in harm’s way by manufacturing and distributing adulterated animal drug products.”
According to the complaint, FDA issued a warning letter to MPX in 2017 regarding numerous deficiencies at the company. The complaint further alleges that the company failed to adequately investigate reports regarding the death or illness of animals receiving Med-Pharmex drugs. The complaint also alleges that FDA inspections revealed the company failed to properly clean and disinfect areas used to manufacture sterile drugs. The Justice Department filed the complaint in U.S. District Court for the Central District of California at the request of FDA.
A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.
The case is being handled by Trial Attorney Rachel E. Baron of the Civil Division’s Consumer Protection Branch, with the assistance of Associate Chief Counsel James C. Fraser of the FDA’s Office of the Chief Counsel.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Central District of California, visit its website at https://www.justice.gov/usao-cdca.
Convicted Sex Offender Sentenced to 840 Months in Federal PrisonRead the Press Release
TYLER, Texas — U.S. Attorney Stephen J. Cox announced that a 40-year-old Ore City, Texas man has been sentenced to 840 months in federal prison for child exploitation violations in the Eastern District of Texas.
Jeremy OKieth Kyle, also known as Corey Webster, also known as Rick, also known as Derrick Willis, also known as Eric Sanders, also known as Brad Smith, also known as Jason, also known as J, pleaded guilty on Feb. 19, 2020, to three counts of coercion and enticement and was sentenced to 840 months in federal prison by U.S. District Judge Jeremy D. Kernodle today.
According to information presented in court, between 2013 and 2018, Kyle, a convicted sex offender, committed numerous offenses against eighteen minor female victims and four adult female victims. He used a variety of false personas and promises of love and money to convince the victims to meet him and engage in sexual encounters. He acquired images and videos of the victims engaged in sexually explicit conduct and threatened to distribute those images and videos in order to coerce more sexual encounters.
“What this man did is a tragedy. These young victims were treated in ways no person should ever be treated,” said U.S. Attorney Stephen J. Cox. “This case also serves as a warning to parents: exploitation and abuse can be one click away in today’s social media and technological environment. Parents should take strong precautions to protect children from victimization.”
“Predators are targeting children of all ages online by using threats and manipulative tactics. The FBI will continue working with our partners to hold these online predators accountable for their dangerous behavior,” said FBI Dallas Special Agent in Charge Matthew DeSarno. “We encourage potential victims and their parents to contact the FBI or local law enforcement if they are targeted online.”
Anyone who had contact, in person or on social media, with an individual who identified himself as Jeremy OKieth Kyle, Corey Webster, Rick, Derrick Willis, Eric Sanders, Brad Smith, Jason, or J, is urged to contact the U.S. Attorney’s Office at 1-800-804-3547. The U.S. Attorney’s Office will take the necessary steps to protect the individuals’ identities and confidential information.
This case was prosecuted 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 Attorneys’ 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.
The investigation leading to the charges was conducted by agents from the Federal Bureau of Investigation’s Tyler Resident Agency, the Texas Department of Public Safety - Criminal Investigations Division, the Tyler Police Department, the Longview Police Department, the Ore City Police Department, the Hughes Springs Police Department, the Daingerfield Police Department, and the Red Oak Police Department. Assistant United States Attorney Nathaniel C. Kummerfeld prosecuted the case.
Clarence Man pleads Guilty to Possessing Firearms in Furtherance of Drug Trafficking CrimesRead 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 Anthony Gerace, 40, of Clarence, NY, pleaded guilty to possessing firearms in furtherance of drug trafficking crimes before U.S. District Judge John L. Sinatra, Jr. The charge carries a minimum penalty of five years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who are handling the case, stated that between 2006 and January 28, 2019, the defendant was involved in the possession and distribution of marijuana, THC, cocaine, hydrocodone, and other federally controlled substances. On January 28, 2019, a federal search warrant was executed at the Gerace’s residence on Michael Douglas Drive in Clarence. Homeland Security Investigation special agents recovered quantities of marijuana and THC intended for distribution by the defendant, as well as 14 firearms and numerous rounds of ammunition for the various firearms. The firearms and ammunition were located in close proximity to the controlled substances, and also in close proximity to $103,360 in U.S. currency. As part of his plea, Gerace admitted that the firearms protected him, his proceeds, the location where he stored his controlled substances and currency, and the controlled substances, which had a conservative street value of approximately $98,850. As part of his plea, the defendant also agreed to forfeit $103,360 as well as the firearms and ammunition seized from him on January 28, 2019.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Amherst Police Department, under the direction of Chief John Askey; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Sentencing is scheduled for February 24, 2020, at 10:00 a.m. before Judge Sinatra.
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Cayuga County Man Charged with Possessing a Firearm as a FelonRead the Press Release
ALBANY, NEW YORK – James Workman, age 32, of Conquest, New York, was arrested today and charged by criminal complaint with unlawfully possessing a firearm as a felon on October 6, 2020.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Cayuga County Sheriff Brian Schenck.
The criminal complaint alleges that Workman, a felon, possessed and discharged a .30-06 caliber rifle at his residence in Conquest, on October 6, 2020. Authorities also located several rounds of ammunition at his residence.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Workman faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
Workman appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him detained.
This case was investigated by the FBI, ATF, and the Cayuga County Sheriff’s Department, as well as Immigration and Customs Enforcement (ICE), the Office of Special Investigation for the New York State Department of Corrections and Community Supervision (DOCCS), and the Schenectady Police Department. The case is being prosecuted by Assistant U.S. Attorneys Richard Belliss and Alexander Wentworth-Ping.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/ag/project-guardian-memo-2019/download.
Cassville Waterslide Owner Pleads Guilty to False Tax ReturnRead the Press Release
SPRINGFIELD, Mo. – The owner of a Cassville, Missouri waterslide attraction has pleaded guilty in federal court to making a false tax return.
Jerry Don Beebe, 67, pleaded guilty before U.S. Magistrate Judge David P. Rush on Monday, Oct. 26, to one count of making a false tax return.
Beebe owned and operated Beebe’s Roaring River Waterslide in Cassville during the investigation from 2015-2018. By pleading guilty today, Beebe admitted that he filed false federal income tax returns for tax years 2015 to 2018 because he did not want to pay additional taxes.
According to his plea agreement, Beebe was interested in selling his business and met with an undercover federal agent, posing as a potential buyer, on two occasions in October 2018 and June 2019. During the meetings, Beebe showed the undercover agent records documenting the business’s true gross receipts, which differed from what Beebe reported on his federal tax returns. Beebe’s records showed gross receipts of $135,282 for 2017 (when Beebe only reported $24,535 on his tax return) and gross receipts of $145,451 for 2018 (when Beebe only reported $29,172 on his tax return). Beebe told the undercover agent that he destroyed his records for 2015 and 2016, but stated he had gross receipts of at least $70,000 for each of these years.
Beebe admitted that he routinely destroyed his business records. Beebe told the undercover agent that he was in “the mode of secrecy.” When showing the undercover agent his 2017 and 2018 records, Beebe said he was “gun shy” and wouldn’t have these records much longer. However, the records were recovered during the execution of search warrants at Beebe’s business and residence on July 18, 2019. Beebe also dealt in large amounts of cash, and told the undercover agent that he paid everything in cash that he could.
Under the terms of his plea agreement, Beebe must pay $70,824 in restitution to the federal government and the state of Missouri for $50,966 in unpaid federal taxes from 2015 to 2018, $6,626 in unpaid Missouri income taxes from 2015 to 2018, and $13,232 in unpaid Missouri sales taxes from 2015 to 2018.
Under federal statutes, Beebe is subject to a sentence of up to three years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Randall D. Eggert. It was investigated by IRS-Criminal Investigation and the Missouri Department of Revenue – Criminal Tax Investigation Bureau.
Camp Hill Man Indicted for Evading Tax Payment of $2.7 MillionRead the Press Release
HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced that Ivan Rempel, age 76, of Camp Hill, Pennsylvania, was indicted on September 30, 2020, by a federal grand jury on one count of tax evasion and nine counts of failure to pay and account for employment taxes.
According to United States Attorney David J. Freed, the indictment alleges that Rempel was the President and Chief Executive of a warehousing business in Millersburg, Pennsylvania, since the early 1990s and evaded payment of approximately $2.7 million to the IRS. It is alleged that, from 1991 to 2017, Rempel habitually failed to pay to the IRS employment taxes that he withheld from his employees’ paychecks. Rempel also failed to file required forms with the IRS to account for the employment taxes.
The IRS eventually took steps to collect the money from his business and personal bank accounts, when in 2017 they imposed levies on certain accounts. But, when they tried to collect the money from his bank accounts, Rempel began hiding the money. He took payment from his customers and turned it into cashier checks. He deposited the cashier’s checks into other bank accounts and quickly made payroll, then balanced out his bank accounts so that the IRS had no money to collect. He also began moving money overseas to international bank accounts to avoid paying the employment taxes he was withholding from his employees paychecks.
The case was investigated by the Internal Revenue Service. Assistant U.S. Attorney Michael Consiglio is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
California man sentenced to prison for threatening players, school during Ohio State football gameRead the Press Release
COLUMBUS, Ohio – A California man was sentenced to prison today for making violent threats toward The Ohio State University and its football players during the 2018 Ohio State v. Michigan game.
Daniel Lee Rippy, 29, of Livermore, Calif., was sentenced to 12 months and one day in prison for making an interstate threat.
According to court documents, Rippy sent a message over Facebook threatening a shooting at The Ohio State University and vowing to hurt football players. He sent several other threats during the game – which was being played in Columbus – to injure or kill players, their family members and the head coach.
“In the middle of Ohio State’s annual rival game with the University of Michigan and with more than 100,000 fans in the stadium, law enforcement suddenly had a potential threat of a shooting,” said U.S. Attorney David M. DeVillers. “Because of Rippy, law enforcement officials at the stadium were placed on high alert and re-allocated resources to investigate the threat. His words are not without consequence, as illustrated by today’s sentence of imprisonment.”
Rippy’s prior connections to the state of Michigan initially concerned law enforcement given the ease with which Rippy could travel to – or perhaps already be at – the game. Officials ultimately determined that Rippy was in California at the time he made the threat, though, and did not pose an immediate danger.
“By threatening to harm Ohio State football players, coaches, and others, Mr. Rippy committed a serious federal crime,” stated FBI Cincinnati Special Agent in Charge Chris Hoffman. “Threats like these are thoroughly investigated by the Joint Terrorism Task Force along with our law enforcement partners and result in significant consequences.”
FBI agents arrested Rippy in California in December 2019 and he was released on bond, but he was re-arrested and U.S. Marshals transported him to Columbus after he failed to appear for a scheduled appointment with the court.
Rippy pleaded guilty in July 2020 to one count of making a threat in interstate communications.
Joining U.S. Attorney DeVillers and SAC Hoffman in announcing the sentence was Ohio State University Police Chief Kimberly Spears-McNatt. Chief U.S. District Judge Algenon L. Marbley imposed today’s sentence. Assistant U.S. Attorney Jessica Knight represented the United States in the case, which was investigated by the FBI’s Joint Terrorism Task Force.
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Businessmen Indicted in Multi-Million Dollar Scheme to Avoid Federal Employment TaxesRead the Press Release
PROVIDENCE – Two Woonsocket businessman who operated a drywall subcontracting business that performed jobs for large construction companies and projects, and that utilized several business addresses in Rhode Island and Massachusetts, are named in a twenty-eight count federal indictment. The indictment alleges that the two individuals executed schemes to avoid paying federal employment taxes by paying employees in cash, often times delivered to worksites in backpacks, and failing to submit the actual amount of employment tax payments due the IRS.
It is alleged in the indictment that for four years beginning in 2013, Jesus Jose Mendez, 43 and Jamie Zambrano, 35, operators of J&J Drywall, Inc., which later became known as Empire, Inc., used check cashing businesses to cash more than 600 business receipts totaling more than $16 million. During that time period, the defendants made more than $4 million in deposits into the business’ bank accounts.
It is alleged in the indictment that Mendez and Zambrano conspired to pay a substantial number of their employees, many of whom were illegal aliens, in cash. Payroll funds were delivered to worksites in backpacks. A small number of employees were paid by Mendez and Zambrano via official payroll, to include withholdings.
It is alleged that Zambrano and Mendez conducted more than 120 cash deposits of between $9,000 and $10,000, often times on consecutive days. Many of the deposits were in the exact amount of $9,900. It is alleged that deposits were frequently structured in amounts of less than $10,000 to avoid federal reporting requirements by financial institutions.
It is alleged that Zambrano and Mendez filed forms with the IRS and the Massachusetts Department of Unemployment Assistance reporting wages paid between 2013 and 2017 totaling $4.3 million, when in fact the company received approximately $20.1 million in gross receipts.
Mendez was arraigned in federal court in Providence on Monday and released on unsecured bond, charged by way of an indictment which charges him and Zambrano with conspiracy to defraud the United States, 17 counts of failure to collect and pay employment taxes, tax evasion, eight counts of structuring financial transactions to avoid reporting requirements, and wire fraud, announced United States Attorney Aaron L. Weisman, Acting Special Agent in Charge of Internal Revenue Service Criminal Investigation Joleen Simpson, and Michael C. Mikulka, Special Agent-in-Charge, New York Region, U.S. Department of Labor Office of Inspector General.
An arrest warrant has been issued for Zambrano.
A federal indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
The matter was investigated by Internal Revenue Service Criminal Investigation and U.S. Department of Labor Office of Inspector General, with substantial assistance from the U.S. Department of Labor – Office of Labor-Management Standards in Boston.
United States Attorney Aaron L. Weisman thanks Homeland Security Investigations and the Rhode Island State Police for their assistance in the investigation of this matter.
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Bloods Gang Members Sentenced to Life in Prison for Racketeering Conspiracy Involving Murder and Other CrimesRead the Press Release
Five members of the United Blood Nation (UBN or Bloods) street gang were sentenced in Charlotte, North Carolina, after standing trial on federal Racketeer Influenced and Corrupt Organizations (RICO) conspiracy and other charges. These defendants’ sentences are the culmination of a prosecution that charged 83 UBN gang members in the Western District of North Carolina with RICO conspiracy and other crimes.
U.S. District Judge Frank D. Whitney sentenced three defendants to terms of life imprisonment. A jury previously convicted those defendants, Dricko Dashon Huskey, aka Drizzy, 28, of Shelby, North Carolina, Renaire Roshique Lewis Jr., aka Banz, 26, of Shelby, North Carolina, and Jonathan Wray, aka Jon Jon/Yungin, 29, of Lawndale, North Carolina, of racketeering conspiracy, finding that each defendant personally committed murder. The jury also convicted Lewis of murder in aid of racketeering, attempted murder in aid of racketeering, attempted Hobbs Act robbery, and two counts of discharging a firearm during and in relation to a crime of violence, one of which resulted in death.
Judge Whitney also sentenced Alandus Montrell Smith, aka Kadafia, 30, of Shelby, North Carolina, and Bradley Beauchamp, aka Bizzie, 32, of Fort Lauderdale, Florida. Smith was sentenced to 25 years of imprisonment followed by three years of supervised release based on his jury convictions for RICO conspiracy, possession with intent to distribute methamphetamine and marijuana, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon. Beauchamp was sentenced to more than 11 years in prison followed by two years of supervised release based on his convictions during a bench trial for RICO conspiracy and wire fraud conspiracy.
“Members of the United Bloods Nation gang left a trail of destruction across North Carolina, committing multiple murders, robberies, and other crimes,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “The significant sentences imposed today demonstrate the Department’s commitment to thwarting gang violence and reinforce the severe consequences awaiting those who jeopardize the safety of our communities.”
“The Bloods are a violent gang that poses a serious threat to the safety and stability of our communities,” said U.S. Attorney Andrew Murray for the Western District of North Carolina. “This case is an outstanding example of what federal, state, and local law enforcement can accomplish when we strike back at gangs and dismantle gang networks that spread violence in our cities and fear in our neighborhoods.”
“Murders, assaults, robberies, these ruthless gang members committed crime after crime with no regard for anyone not part of the UBN,” said Special Agent in Charge Robert R. Wells of the FBI’s Charlotte Field Office. “These hefty federal prison sentences are the final step to secure justice for every innocent person impacted by their violent actions.”
According to evidence presented at the October 2019 trial, Lewis and four other UBN members drove from Cleveland County, North Carolina, to Chapel Hill, North Carolina, in order to rob an 18‑year‑old victim of marijuana and money. Lewis and another UBN member then shot and killed the victim and attempted to murder the victim’s friend, who survived a gunshot wound to his arm. The evidence presented at trial also established that Wray shot and killed a member of the Crips, a rival gang, at a party with other Bloods in Shelby, North Carolina. Evidence at trial further proved that Huskey murdered an unarmed man during an argument by shooting the victim multiple times and continuing to shoot while the victim was on the ground.
According to court documents and evidence presented at trial, the UBN is a violent criminal street gang operating throughout the east coast of the United States since it was founded as a prison gang in 1993. UBN members are often identified by their use of the color red and by common tattoos or burn marks. The UBN has a militaristic structure, with positions of Godfather, High, Low, Five-Star to One‑Star Generals, and soldiers. UBN members use distinct hand signs and written codes, which are used to identify other members and rival gang members, as well as to try to thwart law enforcement efforts against them.
Members of the UBN are expected to conduct themselves and their illegal activity according to rules and regulations set by their leaders. Prominent among these is a requirement to pay monthly dues to the organization, often in the amounts of $31 or $93. UBN gang dues are derived from illegal activity performed by subordinate UBN members including narcotics trafficking, robberies, and wire fraud, among other forms of illegal racketeering activity.
In May 2017, 83 UBN gang members were indicted in the Western District of North Carolina for RICO conspiracy and other crimes. In all, 82 defendants have now been sentenced as a result of this investigation, with one defendant awaiting resentencing and one fugitive believed to be living overseas remaining. In May 2018, a jury convicted three top leaders of the UBN of racketeering conspiracy. In July 2019, Beauchamp was convicted of racketeering conspiracy and wire fraud conspiracy at a bench trial. And in October 2019, a jury convicted Huskey, Lewis, Wray, and Smith of racketeering conspiracy and other charges as described above. All other defendants pleaded guilty to their crimes before trial.
The investigation was conducted by the FBI’s Charlotte Field Office; the Charlotte Mecklenburg Police Department; the Shelby Police Department; the Cleveland County Sheriff’s Office; the Gastonia Police Department; the North Carolina State Highway Patrol; the Mecklenburg County Sheriff’s Office; the North Carolina Department of Public Safety Adult Corrections and Juvenile Justice; North Carolina Department of Motor Vehicles; Scotland Neck Police Department; the North Carolina State Bureau of Investigation; the Halifax County Sheriff’s Office; the U.S. Federal Probation; the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; the IRS Criminal Investigation; the U.S. Postal Inspection Service; the U.S. Army Criminal Investigation Command; and the New York Department of Corrections and Community Supervision, Office of Special Investigations. Trial Attorney Beth Lipman of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Matt Warren and Christopher Hess for the Western District of North Carolina are prosecuting the case.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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.
Bloods Gang Members Sentenced to Life in Prison for Racketeering Conspiracy Involving Murder and Other CrimesRead the Press Release
CHARLOTTE, N.C. – Five members of the United Blood Nation (UBN or Bloods) street gang were sentenced in Charlotte, North Carolina, after standing trial on federal Racketeer Influenced and Corrupt Organizations (RICO) conspiracy and other charges. These defendants’ sentences are the culmination of a prosecution that charged 83 UBN gang members in the Western District of North Carolina with RICO conspiracy and other crimes.
U.S. District Judge Frank D. Whitney sentenced three defendants to terms of life imprisonment. A jury previously convicted those defendants, Dricko Dashon Huskey, aka Drizzy, 28, of Shelby, North Carolina, Renaire Roshique Lewis Jr., aka Banz, 26, of Shelby, North Carolina, and Jonathan Wray, aka Jon Jon/Yungin, 29, of Lawndale, North Carolina, of racketeering conspiracy, finding that each defendant personally committed murder. The jury also convicted Lewis of murder in aid of racketeering, attempted murder in aid of racketeering, attempted Hobbs Act robbery, and two counts of discharging a firearm during and in relation to a crime of violence, one of which resulted in death.
Judge Whitney also sentenced Alandus Montrell Smith, aka Kadafia, 30, of Shelby, North Carolina, and Bradley Beauchamp, aka Bizzie, 32, of Fort Lauderdale, Florida. Smith was sentenced to 25 years of imprisonment followed by three years of supervised release based on his jury convictions for RICO conspiracy, possession with intent to distribute methamphetamine and marijuana, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon. Beauchamp was sentenced to more than 11 years in prison followed by two years of supervised release based on his convictions during a bench trial for RICO conspiracy and wire fraud conspiracy.
“Members of the United Bloods Nation gang left a trail of destruction across North Carolina, committing multiple murders, robberies, and other crimes,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “The significant sentences imposed today demonstrate the Department’s commitment to thwarting gang violence and reinforce the severe consequences awaiting those who jeopardize the safety of our communities.”
“The Bloods are a violent gang that poses a serious threat to the safety and stability of our communities,” said U.S. Attorney Andrew Murray for the Western District of North Carolina. “This case is an outstanding example of what federal, state, and local law enforcement can accomplish when we strike back at gangs and dismantle gang networks that spread violence in our cities and fear in our neighborhoods.”
“Murders, assaults, robberies, these ruthless gang members committed crime after crime with no regard for anyone not part of the UBN,” said Special Agent in Charge Robert R. Wells of the FBI’s Charlotte Field Office. “These hefty federal prison sentences are the final step to secure justice for every innocent person impacted by their violent actions.”
According to evidence presented at the October 2019 trial, Lewis and four other UBN members drove from Cleveland County, North Carolina, to Chapel Hill, North Carolina, in order to rob an 18‑year‑old victim of marijuana and money. Lewis and another UBN member then shot and killed the victim and attempted to murder the victim’s friend, who survived a gunshot wound to his arm. The evidence presented at trial also established that Wray shot and killed a member of the Crips, a rival gang, at a party with other Bloods in Shelby, North Carolina. Evidence at trial further proved that Huskey murdered an unarmed man during an argument by shooting the victim multiple times and continuing to shoot while the victim was on the ground.
According to court documents and evidence presented at trial, the UBN is a violent criminal street gang operating throughout the east coast of the United States since it was founded as a prison gang in 1993. UBN members are often identified by their use of the color red and by common tattoos or burn marks. The UBN has a militaristic structure, with positions of Godfather, High, Low, Five-Star to One‑Star Generals, and soldiers. UBN members use distinct hand signs and written codes, which are used to identify other members and rival gang members, as well as to try to thwart law enforcement efforts against them.
Members of the UBN are expected to conduct themselves and their illegal activity according to rules and regulations set by their leaders. Prominent among these is a requirement to pay monthly dues to the organization, often in the amounts of $31 or $93. UBN gang dues are derived from illegal activity performed by subordinate UBN members including narcotics trafficking, robberies, and wire fraud, among other forms of illegal racketeering activity.
In May 2017, 83 UBN gang members were indicted in the Western District of North Carolina for RICO conspiracy and other crimes. In all, 82 defendants have now been sentenced as a result of this investigation, with one defendant awaiting resentencing and one fugitive believed to be living overseas remaining. In May 2018, a jury convicted three top leaders of the UBN of racketeering conspiracy. In July 2019, Beauchamp was convicted of racketeering conspiracy and wire fraud conspiracy at a bench trial. And in October 2019, a jury convicted Huskey, Lewis, Wray, and Smith of racketeering conspiracy and other charges as described above. All other defendants pleaded guilty to their crimes before trial.
The investigation was conducted by the FBI’s Charlotte Field Office; the Charlotte Mecklenburg Police Department; the Shelby Police Department; the Cleveland County Sheriff’s Office; the Gastonia Police Department; the North Carolina State Highway Patrol; the Mecklenburg County Sheriff’s Office; the North Carolina Department of Public Safety Adult Corrections and Juvenile Justice; North Carolina Department of Motor Vehicles; Scotland Neck Police Department; the North Carolina State Bureau of Investigation; the Halifax County Sheriff’s Office; the U.S. Federal Probation; the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; the IRS Criminal Investigation; the U.S. Postal Inspection Service; the U.S. Army Criminal Investigation Command; and the New York Department of Corrections and Community Supervision, Office of Special Investigations. Trial Attorney Beth Lipman of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Matt Warren and Christopher Hess for the Western District of North Carolina are prosecuting the case.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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.
Biddeford Man Sentenced for Federal Hate Crime ConvictionsRead the Press Release
PORTLAND, Maine: A Biddeford man was sentenced in federal court in Portland for his role in a series of racially motivated assaults against black men in Maine, U.S. Attorney Halsey B. Frank announced.
U.S. District Judge Nancy Torresen sentenced Maurice Diggins, 36, to 10 years in federal prison, followed by three years of supervised release. On March 10, 2020, following a three-day trial, a jury convicted Diggins of conspiring to commit hate crimes and of actually committing hate crimes.
“The defendant committed a series of unprovoked violent attacks on innocent men because of those men’s race,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Today’s sentence, and the jury’s previous verdict in this case, demonstrate that the legal system will not tolerate such acts of racist violence. The Department of Justice will continue to prosecute race-based violations of our federal civil rights laws.”
“In addition to doing grievous harm to individuals, hate crimes engender fear in communities,” said U.S. Attorney Halsey B. Frank of the District of Maine. “Violence has no place in Maine, and that is especially true of violence that is motivated by hate. Maine citizens, regardless of skin color, ethnicity, or sexual orientation have a right to live their lives free of harassment, much less physical violence. Today’s sentencing should make clear that we have no tolerance for hate crimes. I would like to thank the victims for their courage to confront their assailant, and our law enforcement officers at both the state and federal level who helped prosecute this important case.”
“Mr. Diggins’ actions were cowardly and racially motivated. It is our hope that today’s sentence will help his victims and their families with the healing process while also making it crystal clear that we will not stand for violence, especially borne from hate,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Rest assured, the FBI and our law enforcement partners will aggressively pursue anyone who commits these violent acts to ensure the civil rights of all Americans are protected.”
According to evidence presented at trial, on April 15, 2018, defendant Diggins and his nephew, Dusty Leo (who previously pleaded guilty in connection with this case), committed two separate racially motivated assaults, one in Portland and one in Biddeford. In the Portland assault, which occurred just before 1:00 a.m., Diggins attacked a black Sudanese male without provocation, breaking the victim’s jaw. During that same incident, Diggins and Leo assaulted another black man who was standing nearby. Witnesses heard Diggins and Leo using racial epithets during the incidents.
In the second incident, which occurred approximately an hour later and approximately 20 miles away in Biddeford, defendant Diggins and Leo drove in Leo’s truck into the parking lot of a convenience store, where Diggins got out of the truck and approached a black man who was walking toward the store’s entrance. Diggins directed a racial slur at the man and distracted him while Leo got out of the truck and sucker-punched him in the jaw, knocking him to the ground. The unprovoked attack broke the victim’s jaw in several places.
The Biddeford Police Department and the FBI investigated the case. Assistant U.S. Attorney Sheila Sawyer and Civil Rights Division Trial Attorney Tim Visser prosecuted the case.
Bergen County Man Charged with Distribution of Images of Child Sexual AbuseRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man was charged with distributing images of child sexual abuse, U.S. Attorney Craig Carpenito announced today.
Joseph Ganaro, 42, Lodi, New Jersey, is charged by complaint with one count of distribution of child pornography. He appeared by videoconference today before U.S. District Judge Leda Dunn Wettre and was detained.
According to documents filed in this case and statements made in court:
From Feb. 1, 2019 through Oct. 27, 2020, Ganaro received and distributed material containing images of child sexual abuse, via the BitTorrent Network, a publicly available online peer-to-peer (P2P) file-sharing network of linked computers. Users must download P2P software, which is widely available for free on the Internet. The software allows the user to place files into a designated “shared” folder on his or her hard drive, from which other BitTorrent users can then download those files directly to the “shared” folders of their own computers. Users can then browse, search, select, and directly download, those files. The software typically keeps a log of each download event.
Law enforcement used special software to access the BitTorrent Network and downloaded 10 video files containing child pornography from an IP address assigned to an internet service provider account associated with Ganaro’s residence.
The count with which Ganaro is charged carries a mandatory minimum penalty of five years of in prison, a potential maximum penalty of 20 years in prison and a maximum fine of $250,000.
U.S. Attorney Carpenito credited special agents of the U.S. Department of Homeland Security, Homeland Security Investigations, New Jersey Division, under the direction of Special Agent in Charge Jason J. Molina, and inspectors with the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Raimundo Marrero, with the investigation leading to today’s charges. He also thanked the Lodi Police Department for its assistance with the investigation.
The government is represented by Assistant U.S. Attorney Katherine Calle of the Organized Crime and Drug Enforcement Task Force/Narcotics Unit in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Bend Resident, Sentenced for Conspiracy to Manufacture and Distribute Marijuana Under the Name "BHOys"Read the Press Release
EUGENE, Ore.—A Bend, Oregon resident was sentenced to 36 months’ imprisonment today for running an illicit Butane Honey Oil (BHO) extraction lab on rural Bend property, announced U.S. Attorney Billy J. Williams.
Jacob Genaro Robe, 31 years old, was sentenced to 3 years in federal prison and 3 years’ supervised release.
“BHO extraction is a highly volatile and dangerous process that has resulted in explosions injuring and killing Oregon residents. When Oregon citizens passed state laws legalizing and regulating the manufacture of marijuana products including BHO, it was meant to bring those black market operations into the light of day and create safeguards protecting the health and safety of Oregon consumers” said U.S. Attorney Billy J. Williams. “Those laws are ineffective without enforcement. As this case demonstrates, there are individuals who will violate laws in pursuit of profits over consumer protections and we stand ready to hold them accountable.”
According to court documents, Robe and his brother created a vertical operation growing marijuana, manufacturing BHO and distributing it in other states for significant profit. On March 27, 2018, an Oregon State Police trooper stopped Jacob Robe for a traffic violation near Klamath Falls, Oregon. The officer recognized signs of drug trafficking and eventually located more than $20,000 in cash, BHO, and hallucinogenic mushrooms.
The Central Oregon Drug Enforcement Team had previously received information regarding defendant and his brothers having a BHO lab and selling BHO in other states, and detectives served a search warrant on the brothers’ rural property in Bend, Oregon. Also found were freezers with marijuana, drying racks with sheets of BHO and jars with their logo “THE BHOys.” (Photos)
In an unattached two-story structure approximately 179 large, mature, marijuana plants were located along with around 280 starter plants. Law enforcement located an indoor marijuana grow with hundreds of plants, a closed-loop BHO lab, 18 pounds of BHO, 200 pounds of marijuana and thirteen firearms. Police located the firearms in various places in the residence, including positioned near the front door (photo) in the kitchen (photo) and in Robe’s bedroom.
On November 25, 2019 Robe was charged by information, and on January 29, 2020 pleaded guilty to conspiracy to manufacture and distribute marijuana.
Robe forfeited $23,000 in U.S. currency.
The Drug Enforcement Administration, Central Oregon Drug Enforcement Team and Oregon State Police investigated this case. It was prosecuted by Jeffrey S. Sweet, Assistant U.S. Attorney for the District of Oregon, and the Deschutes County District Attorney’s Office.
Labeled jars for butane honey oil (BHO) Handgun in kitchen of Robe’s residence Firearm near door in Robe’s residence BHO extraction lab on Robe’s property 3 dimensional BHOys logo in a caseBeam Suntory Inc. Agrees to Pay over $19 Million to Resolve Criminal Foreign Bribery CaseRead the Press Release
Beam Suntory Inc. (Beam), a Chicago-based company that produces and sells distilled beverages, has agreed to pay a criminal monetary penalty of $19,572,885 to resolve the department’s investigation into violations of the Foreign Corrupt Practices Act (FCPA).
The resolution arises in part out of Beam’s scheme to pay a bribe to an Indian government official in exchange for approval of a license to bottle a line of products that Beam sought to market and sell in India, and related internal controls and books and records violations, which included efforts by a then-member of Beam’s legal department to affirmatively avoid uncovering information related to improper activities and practices by third-parties engaged by Beam in India that presented corruption risks.
Beam entered into a three-year deferred prosecution agreement with the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Northern District of Illinois in connection with a criminal information unsealed today in the Northern District of Illinois charging Beam with one count of conspiracy to violate the anti-bribery, internal controls, and books and records provisions of the FCPA.
“Beam and its Indian subsidiary not only paid bribes to Indian government officials, they intentionally failed to implement internal controls to prevent bribery and falsified their books and records to conceal the corrupt activity,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “Companies that use corrupt influence instead of competing in a fair, ethical, and honest manner should take note of today’s agreement: paying bribes to obtain and retain business is not business as usual, it is a crime.”
“U.S. companies that attempt to gain the upper hand in foreign business ventures by engaging in corruption must be held accountable,” said U.S. Attorney John R. Lausch Jr. for the Northern District of Illinois. “The Foreign Corrupt Practices Act has a long reach, and for good reason. It is critical that our global economy remain on a fair playing field.”
“Bribery undermines the public's trust in our markets, and the FBI will never stop fighting to hold corrupt companies accountable whenever and wherever they abuse that trust,” said Special Agent in Charge Emmerson Buie Jr. of the FBI’s Chicago Office.
According to its admissions, Beam conspired with others to violate the FCPA by, among other things, engaging in a scheme to pay a bribe of one million Indian Rupees (approximately equal to $18,000 at the then exchange rate) to a senior Indian government official in exchange for that official’s approval of a license to bottle “Ready-to-Drink” (RTD) products that Beam sought to market and sell in India through its subsidiary, Beam Global Spirits & Wine (India) Private Ltd. (Beam India). The bribe was authorized by a high-ranking executive at Beam’s Asia Pacific/South America regional business unit, who directed that the payment be made through Beam India’s third-party bottler in order to conceal it.
According to its admissions, from the time Beam acquired the Indian business in 2006 through the end of the third quarter of 2012, Beam India paid bribes and made other improper payments to various Indian government officials, including corrupt payments to obtain or retain business in the Indian market. Most of the corrupt payments were made through third-party sales promoters and distributors, who paid government officials to secure orders of Beam products at government controlled depots and retail stores, obtain prominent placement of Beam products in government retail stores, acquire and renew label registrations and licenses, and enable the distribution of Beam spirit products from Beam India’s Behror bottling facility to warehouses in other states throughout India.
As part of the conspiracy, Beam also agreed with others to fail to implement and maintain an adequate system of internal accounting controls, which would have helped to detect and halt Beam India’s longstanding practice of making corrupt payments to Indian government officials, and to falsify its books and records. On numerous occasions, Beam was cautioned by outside advisors regarding the need to implement sufficient internal accounting controls relating to risks associated with improper activities by third parties in India, but Beam failed to implement sufficient controls. Beam also maintained falsely recorded expenses, including corrupt payments concealed as commission expenses, and falsified certifications, including false sub-certification letters submitted under the Sarbanes-Oxley Act of 2002, in its consolidated books, records, and accounts.
As part of the deferred prosecution agreement, Beam agreed to continue to cooperate with the department in any ongoing or future criminal investigations concerning Beam, its executives, employees, or agents. In addition, under the agreement, Beam agreed to enhance its compliance program and to report to the government on the implementation of its enhanced compliance program.
The government reached this resolution with Beam based on a number of factors, including the failure to timely disclose the conduct that triggered the investigation; the nature and seriousness of the offense, including the involvement of a then-executive officer of Beam, a then-high-level employee in Beam’s Legal Department, and a then-high-level executive at Beam India; the lack of an effective compliance program at the time of the misconduct; the company’s failure to fully cooperate, including positions taken by Beam that were not consistent with full cooperation, as well as significant delays caused by Beam in reaching a timely resolution and its refusal to accept responsibility for several years; and Beam’s failure to fully remediate, including its failure to discipline certain individuals involved in the conduct.
The criminal monetary penalty for Beam reflects a 10 percent reduction off the bottom of the U.S. Sentencing Guidelines fine range because Beam received partial credit for its remediation and cooperation with the government’s investigation.
In July 2018, in a related matter with the U.S. Securities and Exchange Commission (SEC), Beam agreed to pay the SEC disgorgement and prejudgment interest totaling approximately $6 million and a civil monetary penalty of $2 million but the department is not crediting any portion of the penalty paid to the SEC because Beam did not seek to coordinate a parallel resolution with the department.
The FBI’s Chicago Office investigated the case. Trial Attorneys John-Alex Romano and Della Sentilles of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Tyler C. Murray of the U.S. Attorney’s Office for the Northern District of Illinois are prosecuting the case.
The Justice Department’s Office of International Affairs provided significant assistance in this case.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.
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.
Beam Suntory Agrees to Pay More Than $19 Million to Resolve Criminal Foreign Bribery CaseRead the Press Release
WASHINGTON – Beam Suntory Inc., a Chicago-based company that produces and sells distilled beverages, has agreed to pay a criminal monetary penalty of $19,572,885 to resolve the Department of Justice’s investigation into violations of the Foreign Corrupt Practices Act.
The resolution arises in part out of Beam’s scheme to pay a bribe to an Indian government official in exchange for approval of a license to bottle a line of products that Beam sought to market and sell in India, as well as related internal controls and books and records violations, which included efforts by a then-member of Beam’s Legal Department to affirmatively avoid uncovering information related to improper activities and practices by third parties engaged by Beam in India that presented corruption risks.
Beam entered into a three-year deferred prosecution agreement with the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Northern District of Illinois in connection with a criminal information unsealed today in Chicago charging Beam with one count of conspiracy to violate the anti-bribery, internal controls, and books and records provisions of the FCPA.
“U.S. companies that attempt to gain the upper hand in foreign business ventures by engaging in corruption must be held accountable,” said John R. Lausch Jr., United States Attorney for the Northern District of Illinois. “The Foreign Corrupt Practices Act has a long reach, and for good reason. It is critical that our global economy remain on a fair playing field.”
“Beam and its Indian subsidiary not only paid bribes to Indian government officials, they intentionally failed to implement internal controls to prevent bribery and falsified their books and records to conceal the corrupt activity,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “Companies that use corrupt influence instead of competing in a fair, ethical, and honest manner should take note of today’s agreement: Paying bribes to obtain and retain business is not business as usual, it is a crime.”
“Bribery undermines the public's trust in our markets, and the FBI will never stop fighting to hold corrupt companies accountable whenever and wherever they abuse that trust,” said Special Agent-in-Charge Emmerson Buie Jr. of the FBI’s Chicago Field Office.
The FBI’s Chicago Field Office investigated the case. Assistant U.S. Attorney Tyler C. Murray of the U.S. Attorney’s Office for the Northern District of Illinois and Trial Attorneys John-Alex Romano and Della Sentilles of the Department of Justice's Criminal Division’s Fraud Section are prosecuting the case. The Department of Justice’s Office of International Affairs provided significant assistance in this case.
According to its admissions, Beam conspired with others to violate the FCPA by, among other things, engaging in a scheme to pay a bribe of one million Indian Rupees (equal to approximately $18,000 at the exchange rate at the time) to a senior Indian government official in exchange for that official’s approval of a license to bottle “Ready-to-Drink” products that Beam sought to market and sell in India through its subsidiary, Beam Global Spirits & Wine (India) Private Ltd. The bribe was authorized by a high-ranking executive at Beam’s Asia Pacific/South America regional business unit, who directed that the payment be made through Beam India’s third-party bottler in order to conceal it.
According to its admissions, from the time Beam acquired the Indian business in 2006 through the end of the third quarter of 2012, Beam India paid bribes and made other improper payments to various Indian government officials, including corrupt payments to obtain or retain business in the Indian market. Most of the corrupt payments were made through third-party sales promoters and distributors, who paid government officials to secure orders of Beam products at government-controlled depots and retail stores, obtain prominent placement of Beam products in government retail stores, acquire and renew label registrations and licenses, and enable the distribution of Beam spirit products from Beam India’s Behror bottling facility to warehouses in other states throughout India.
As part of the conspiracy, Beam also agreed with others to fail to implement and maintain an adequate system of internal accounting controls, which would have helped to detect and halt Beam India’s longstanding practice of making corrupt payments to Indian government officials, and to falsify its books and records. On numerous occasions, Beam was cautioned by outside advisors regarding the need to implement sufficient internal accounting controls relating to risks associated with improper activities by third parties in India, but Beam failed to implement sufficient controls. Beam also maintained falsely recorded expenses, including corrupt payments concealed as commission expenses, and falsified certifications, including false sub-certification letters submitted under the Sarbanes-Oxley Act of 2002, in its consolidated books, records, and accounts.
As part of the deferred prosecution agreement, Beam agreed to continue to cooperate with the department in any ongoing or future criminal investigations concerning Beam, its executives, employees, or agents. In addition, under the agreement, Beam agreed to enhance its compliance program and to report to the government on the implementation of its enhanced compliance program.
The government reached this resolution with Beam based on a number of factors, including the failure to timely disclose the conduct that triggered the investigation; the nature and seriousness of the offense, including the involvement of a then-executive officer of Beam, a then-high-level employee in Beam’s Legal Department, and a then-high-level executive at Beam India; the lack of an effective compliance program at the time of the misconduct; the company’s failure to fully cooperate, including positions taken by Beam that were not consistent with full cooperation, as well as significant delays caused by Beam in reaching a timely resolution and its refusal to accept responsibility for several years; and Beam’s failure to fully remediate, including its failure to discipline certain individuals involved in the conduct.
The criminal monetary penalty for Beam reflects a 10% reduction off the bottom of the U.S. Sentencing Guidelines fine range because Beam received partial credit for its remediation and cooperation with the government’s investigation.
In July 2018, in a related matter with the U.S. Securities and Exchange Commission, Beam agreed to pay the SEC disgorgement and prejudgment interest totaling approximately $6 million and a civil monetary penalty of $2 million. The Department of Justice is not crediting any portion of the penalty paid to the SEC because Beam did not seek to coordinate a parallel resolution with the Department.
Baltimore Man Indicted in Maryland on Federal Charges for Production and Possession of Child PornographyRead the Press Release
Greenbelt, Maryland – A federal grand jury has returned an indictment charging Calvin Henry Sampson, III, age 21, of Baltimore, Maryland, with four counts of production of child pornography and one count of possession of child pornography. The indictment was returned on October 26, 2020.
The indictment 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; Commissioner Michael Harrison of the Baltimore Police Department; and Marilyn Mosby, State’s Attorney for Baltimore City.
According to the indictment, between July 26, 2019 and February 26, 2020, Sampson exploited two minor prepubescent female victims in order to produce images and videos documenting the sexual abuse of those victims. The indictment further alleges that from March 3, 2020, through April 7, 2020, Sampson maintained an Internet-based account that contained visual depictions of minors engaged in sexually explicit conduct, including images of the two minor victims.
If convicted, Sampson faces a mandatory minimum sentence of 15 years in federal prison and a maximum sentence of 30 years in prison for each of the four counts of production of child pornography. Sampson also faces a maximum of 20 years in federal prison for possession of child pornography. 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. Sampson is expected to have an initial appearance in U.S. District Court in Baltimore, although no date has been set for the hearing. Sampson is currently detained on unrelated state charges.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the FBI, the Baltimore Police Department, and Office of the State’s Attorney for Baltimore City for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Judson T. Mihok, who is prosecuting the federal case.
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Augusta Man Sentenced to 8 Years for Gun and Drug ChargesRead the Press Release
BANGOR, Maine: An Augusta man was sentenced in federal court in Bangor for possessing fentanyl with intent to distribute and possessing firearms in furtherance of a drug trafficking crime, U.S. Attorney Halsey B. Frank announced.
U.S. District Court Judge Lance Walker sentenced Keith Holmes, 24, to three years imprisonment for the fentanyl charge, followed by a consecutive term of five years imprisonment for the firearms charge. Judge Walker also sentenced Holmes to three years of supervised release. Holmes pleaded guilty on January 10, 2020.
According to court records, Holmes was found in his Augusta apartment on May 14, 2019, with bags of a mixture containing fentanyl packed for individual sales, as well as cash and four firearms. Other evidence found in his apartment indicated he was causing drug proceeds to be sent to individuals in New York State. In imposing the sentence, Judge Walker described the crimes as a “morbid” business, and noted the danger such acts present to the community.
The Bureau of Alcohol, Tobacco, Firearms & Explosives and the Augusta Police Department investigated the case.
Arrests Made in Conspiracy to Illegally Manufacture FirearmsRead the Press Release
RALEIGH, N.C. – On Oct. 20, 2020, three co-conspirators were arrested on the federal charge of conspiracy to unlawfully manufacture, possess, and distribute various weapons, ammunition, and suppressors. Liam Montgomery Collins, 21, and Paul James Kryscuk, 35, recently of Boise, Idaho, were charged via an indictment, while Jordan Duncan, 25, currently residing in Boise, was charged via a complaint, both obtained in the Eastern District of North Carolina. Collins and Duncan are former Marines assigned previously to Camp Lejeune in Jacksonville, North Carolina.
According to court documents, Liam Montgomery Collins, 21, and his co-defendant, Paul James Kryscuk, 35, from Boise, used the conspiracy to enrich themselves and others by manufacturing and selling hard to obtain firearms and firearm parts in a manner that would hide these purchases from the federal government. From May 2019 to the present, Collins made multiple money transfers through his personal account to Kryscuk to purchase firearms to include a 9mm pistol and suppressor and a short barrel rifle. In turn, Kryscuk purchased items from vendors to manufacture the firearms and suppressors. In furtherance of the crime, Kryscuk, using an alias, mailed the manufactured weapons from Idaho to Jacksonville, North Carolina. Kryscuk also shipped the short barrel rifle, not registered as required by the federal government, to Collins. Duncan was aware of and participated in the conspiracy.
Collins and Kryscuk are charged with violating 18 U.S.C. § 371, conspiracy to manufacture firearms and ship them interstate, 18 U.S.C. § 922(a) (3) and 2, interstate transportation of firearms without a license, and 26 U.S.C. § 5841, 5861(j), and 5871 and 2, interstate transportation of a firearm not registered as required. They each face a maximum penalty of a combined 20 years in prison if convicted; Duncan, charged with violating 18 U.S.C. § 371, conspiracy to manufacture firearms and ship them interstate (18 U.S.C. § 922(a) (3)), faces a maximum of 5 years in prison.
Probable cause and detention hearings for defendant Duncan are scheduled before the United States District Court for the District of Idaho on October 27, 2020 at 10:00 a.m. mountain time; detention hearing for Kryscuk is scheduled to follow at 11:30 a.m. The Public may listen at 1-669-254-5252, Meeting ID: 160 127 6280 Passcode: 998153. Public Shall MUTE their end during hearing. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty.
The announcement of the charges was made by Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina following the unsealing of the charges.
The Naval Criminal Investigative Service, the Federal Bureau of Investigation, the Boise Police Department, the United States Postal Inspection Service, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, are investigating the case. Assistant U.S. Attorneys from the Eastern District of North Carolina are prosecuting the case for the government with assistance from Assistant United States Attorneys for the District of Idaho.
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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.
Arrests Made in Conspiracy to Illegally Manufacture FirearmsRead the Press Release
On Oct. 20, 2020, three co-conspirators were arrested on the federal charge of conspiracy to unlawfully manufacture, possess, and distribute various weapons, ammunition, and suppressors. Liam Montgomery Collins, 21, and Paul James Kryscuk, 35, recently of Boise, Idaho, were charged via an indictment, while Jordan Duncan, 25, currently residing in Boise, was charged via a complaint, both obtained in the Eastern District of North Carolina. Collins and Duncan are former Marines assigned previously to Camp Lejeune in Jacksonville, North Carolina.
According to court documents, Liam Montgomery Collins, 21, and his co-defendant, Paul James Kryscuk, 35, from Boise, used the conspiracy to enrich themselves and others by manufacturing and selling hard to obtain firearms and firearm parts in a manner that would hide these purchases from the federal government. From May 2019 to the present, Collins made multiple money transfers through his personal account to Kryscuk to purchase firearms to include a 9mm pistol and suppressor and a short barrel rifle. In turn, Kryscuk purchased items from vendors to manufacture the firearms and suppressors. In furtherance of the crime, Kryscuk, using an alias, mailed the manufactured weapons from Idaho to Jacksonville, North Carolina. Kryscuk also shipped the short barrel rifle, not registered as required by the federal government, to Collins. Duncan was aware of and participated in the conspiracy.
Collins and Kryscuk are charged with violating 18 U.S.C. § 371, conspiracy to manufacture firearms and ship them interstate, 18 U.S.C. § 922(a) (3) and 2, interstate transportation of firearms without a license, and 26 U.S.C. § 5841, 5861(j), and 5871 and 2, interstate transportation of a firearm not registered as required. They each face a maximum penalty of a combined 20 years in prison if convicted; Duncan, charged with violating 18 U.S.C. § 371, conspiracy to manufacture firearms and ship them interstate (18 U.S.C. § 922(a) (3)), faces a maximum of five years in prison.
Probable cause and detention hearings for defendant Duncan are scheduled before the United States District Court for the District of Idaho on October 27, 2020 at 10:00 a.m. mountain time; detention hearing for Kryscuk is scheduled to follow at 11:30 a.m. The Public may listen at 1-669-254-5252, Meeting ID: 160 127 6280 Passcode: 998153. Public Shall MUTE their end during hearing. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty.
The announcement of the charges was made by Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina following the unsealing of the charges.
The Naval Criminal Investigative Service, the Federal Bureau of Investigation, the Boise Police Department, the United States Postal Inspection Service, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, are investigating the case. Assistant U.S. Attorneys from the Eastern District of North Carolina are prosecuting the case for the government with assistance from Assistant U.S. Attorneys for the District of Idaho.
Armed Methamphetamine Trafficker Is Sentenced to 15 Years in PrisonRead the Press Release
ASHEVILLE, N.C. – U.S. Attorney Andrew Murray announced today that Christopher Price, 43, of Turtletown, Tennessee, was sentenced to 180 months in prison on drug trafficking and firearms offenses. U.S. District Judge Max O. Cogburn Jr. also ordered Price to serve five years under court supervision upon completion of his prison term.
According to filed court documents and today’s sentencing hearing, in September 2018, law enforcement in Cherokee County became aware that Price was trafficking methamphetamine. On September 11, 2018, law enforcement conducted a traffic stop of Price’s vehicle, during which they seized methamphetamine and a loaded firearm. Court records show that, on September 14, 2018, law enforcement conducted a second traffic stop of Price, who had been released on bond on State charges, during which they seized additional methamphetamine. Then, on January 16, 2019, law enforcement were dispatched to a residence in Murphy to check on a suspicious parked vehicle. When law enforcement located the vehicle, they observed Price, who had been released again on bond on State charges, asleep at the wheel with a shotgun on his lap. Law enforcement arrested Price and seized the shotgun, which was loaded, a second loaded firearm, and methamphetamine that they located in the vehicle. Court records show that, over the course of the investigation, law enforcement seized from Price more than 17 ounces of highly pure methamphetamine and three loaded firearms.
On July 24, 2020, Price pleaded guilty to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.
In making today’s announcement U.S. Attorney Murray thanked the DEA, the ATF, the Cherokee County Sheriff’s Office, the Jackson County Sheriff’s Office, the Swain County Sheriff’s Office and the Cherokee Indian Police Department for their coordination and assistance throughout the investigation.
Assistant U.S. Attorney Thomas Kent, of the U.S. Attorney’s Office in Asheville, prosecuted the case.
Armed Convicted Felon Is Sentenced 24 Years in Prison for Two Carjackings and Related Gun OffensesRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Andrew Murray announced today that Dejuan Evans, 30, of Charlotte, was sentenced to 288 months in prison for two carjackings and related firearms offenses. In addition to the prison term imposed, U.S. District Judge Robert J. Conrad Jr. also ordered Evans to serve five years under court supervision.
Robert R. Wells, Special Agent in Charge of the FBI in North Carolina, and Chief Johnny Jennings of the Charlotte-Mecklenburg Police Department (CMPD) join U.S. Attorney Murray in making today’s announcement.
“Anyone willing to rob his elderly grandmother is a menace to society,” said U.S. Attorney Murray. “I’m glad the prison sentence imposed will remove Evans from our streets for a long time.”
According to court documents, evidence presented at Evans’ trial and today’s sentencing hearing, on June 18, 2018, Evans carjacked at gunpoint a victim, identified in court documents as J.K., at a 7-Eleven located at 1501 N. Tryon Street, in Charlotte. Court records show that Evans approached the victim, who was walking back to his parked vehicle, pointed a firearm in the victim’s face and fled the scene in the victim’s pick-up truck. Two days after the carjacking incident, on June 20, 2018, Evans and another individual were involved in an assault on Evans’ grandmother, during which her purse was stolen. Immediately after the assault, court records show that Evans was captured on bank surveillance video, driving J.K.’s pick-up truck and using his grandmother’s ATM card.
On July 2, 2018, Evans carjacked a second victim, identified as M.L., at an apartment complex in Charlotte. According to trial testimony, M.L. was delivering pizza at the apartment complex, when Evans approached M.L. in the parking lot, pointed a firearm at M.L., and ordered M.L. to empty his pockets. The victim complied and Evans fled the scene in the victim’s vehicle. Court records show that CMPD officers arrested Evans on July 10, 2018, as he was attempting to flee law enforcement. Court records also show that law enforcement recovered a firearm from Evans’ apartment.
At the time Evans committed the carjackings, he was on pretrial release on state charges for robbery, and had cut off his electronic monitor. Evans also has prior offenses and he is prohibited from possessing a firearm.
A federal jury convicted Evans on December 3, 2019, of two counts of carjacking, two counts of possession and brandishing of a firearm in furtherance of a crime of violence, and possession of a firearm by a felon.
In making today’s announcement, U.S. Attorney Murray thanked the CMPD and the FBI for their investigation of the case.
Assistant U.S. Attorneys David Kelly and Erik Lindahl, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Armed Career Criminal and Serial Armed Robber Convicted After Six-Day Federal Trial in MarylandRead the Press Release
Baltimore, Maryland – Donte Lamont Dingle, a/k/a Kane, Donte Dingol, Donta Dingle, and Dante Dingle, age 47, of Baltimore, Maryland, was convicted after a six-day federal trial of the following charges: four counts of interference with commerce by robbery; a conspiracy to interfere with commerce by robbery; four counts of using, carrying, and brandishing a firearm during and in relation to a crime of violence; and being a felon in possession of a firearm and ammunition. In each of four liquor store robberies, Dingle brandished a gun and wore various costumes and disguises. The jury returned its verdict on October 20, 2020.
The conviction 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; Chief Melissa R. Hyatt of the Baltimore County Police Department; and Anne Arundel County Interim Police Chief William Lowry.
According to the evidence presented at trial, between June 6, 2018 and July 12, 2018, Dingle committed four armed robberies of liquor stores located in Baltimore and Anne Arundel Counties. During each of these robberies, Dingle entered the store and brandished a pistol at the victims, forcing them to empty the money from the cash registers into his bag and often threatening the victims with death or serious bodily injury. After getting the money from the registers, Dingle forced the victims into a room in the rear of the store, and then fled to a waiting getaway car. During the robbery on June 6, 2018, in Catonsville, Maryland, this resulted in the store owner suffering a fractured neck. During the robbery on July 12, 2018, in Reisterstown, Maryland, witnesses testified that Dingle racked the slide of his gun loading a bullet into the chamber, pointed the gun at the store clerk, and threatened to put a bullet in the clerk’s head if he didn’t comply with Dingle’s orders. In total, Dingle stole approximately $10,000 from the four stores.
According to trial testimony, DNA matching Dingle’s was recovered from a fake mustache that the robber had left on the floor behind the counter at the June 6th robbery. Dingle’s DNA was also recovered from clothing, wigs, glasses, and other disguises that matched items worn by the robber, as well as from a silver .380-caliber pistol, that were seized by law enforcement during the execution of a search warrant at Dingle’s residence. Dingle’s fingerprint was also recovered from a bag of chips grabbed by the robber then left on the counter at the July 12th robbery.
Dingle faces a mandatory minimum sentence of seven years in prison, consecutive to any other sentence, and a maximum of life in prison for each of four counts of using, carrying, and brandishing a firearm during and in relation to a crime of violence; a maximum of 20 years in federal prison for conspiracy to interfere with commerce by threats and violence, and a maximum of 20 years in prison for each of four counts of interfering with commerce by threats and violence. Finally, as an armed career criminal, with prior robbery convictions on his record, Dingle faces a mandatory minimum of 15 years and up to life in prison for being a felon in possession of a firearm and ammunition. As a result of his conviction on four counts of brandishing a firearm and his status as an armed career criminal, Dingle faces a total mandatory minimum sentence of 43 years in federal prison. A federal district court judge will determine the final sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. U.S. District Judge Deborah K. Chasanow has not yet scheduled sentencing.
United States Attorney Robert K. Hur commended the FBI and the Baltimore County and Anne Arundel County Police Departments for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Michael Goldsticker and LaRai N. Everett, who are prosecuting the case.
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Albuquerque man charged with illegal possession of a firearmRead the Press Release
ALBUQUERQUE, N.M. – Devan Andrew Martinez, 33, of Albuquerque, appeared in federal court on Oct. 23 for arraignment on an indictment charging him with illegal possession of a firearm. Martinez has previously been convicted of a felony crime.
A federal grand jury indicted Martinez on Sept. 10. According to the indictment, Martinez allegedly committed the offense on July 18, 2018, on the Laguna Pueblo in Cibola County.
Martinez is currently in custody pending a trial, which has yet to be scheduled. Martinez faces up to 10 years in prison if convicted of the charged offense. An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The Laguna Agency of the Bureau of Indian Affairs Office of Justice Services investigated this case with assistance from the Laguna Pueblo Police Department. Assistant U.S. Attorney Alexander F. Flores is prosecuting the case.
Alabama Salesman Sentenced to Prison for Tax EvasionRead the Press Release
BIRMINGHAM, Ala. – A Hoover salesman was sentenced to 24 months in prison today for tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Prim F. Escalona for the Northern District of Alabama.
According to court documents and statements made in court, Ivan Scott “Scott” Butler was an automobile industry consultant and sold automobile warranties as an independent salesman. In 1993, Butler stopped filing tax returns and attended tax defier meetings and purchased tax defier materials. Starting in 1998, Butler used several Nevada nominee corporations to receive his income and conceal it from the IRS. In or around 1999, Butler moved hundreds of thousands of dollars to bank accounts in Switzerland and hid his assets in offshore insurance policies held in the name of non-U.S. insurance providers, thus disguising his ownership of the funds. Such accounts, which generally are used as investment vehicles, are commonly known as “insurance wrappers.”
In 2014, Butler converted some of his insurance wrappers into precious metals, which were shipped to Butler and another individual in the United States. Some of those precious metals were given to friends and family for safekeeping. In total, Butler caused a tax loss to the IRS of $1,093,400.
On March 6, 2020, Butler pleaded guilty to tax evasion.
In addition to the term of imprisonment, U.S. District Judge Annemarie Carney Axon ordered Butler to serve three years of supervised release and to pay approximately $1,093,400 in restitution to the United States.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Prim F. Escalona commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney Nanette Davis of the Tax Division and Assistant U.S. Attorneys Allison Garnett and Robin Mark, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
25 people indicted in drug trafficking operation that spanned several statesRead the Press Release
MORGANTOWN, WEST VIRGINIA – Twenty-five people from four states are facing charges in a drug trafficking operation that dealt with methamphetamine, crack cocaine, fentanyl, and heroin, U.S. Attorney Bill Powell announced.
“This is the third major indictment announced in just the last few weeks here in the Northern District of West Virginia. What they all have in common is the presence of out of state participants alleged to be part of a significant drug conspiracy. We have dedicated law enforcement partners and aggressive prosecutors who will root out such activity in our district and enforce the law. We have always believed that this type of effort is required to protect our communities. To those thinking that they can come into our state and participate in these illegal activities without consequence, you are sadly mistaken. We will not stop, but I suggest that you do,” said Powell.
The 25 were named in a 56-count indictment handed down by a federal grand jury sitting in Elkins on October 20, 2020 on charges involving a drug distribution operation spanning California, Texas, and West Virginia. They are:
• Anthony Allen, 34, of Rosenberg, Texas
• Johnnie Bradley, 37, of Houston, Texas
• Michael Alcendor, 19, of Houston, Texas
• James Pugh, 46, of Wheeling, West Virginia
• Jeffrey Howard, 23, of Houston, Texas
• Kedrick Howard, 27, of Dallas, Texas
• Leonard Jasmine, 28, Houston, Texas
• Sixto Marquez, 44, of Paramount, California
• Francisco Chanes, 36, of Los Angeles, California
• Aaliyah Snowden, 25, of Eastpointe, Michigan
• Roderick Bradley, 30, of Houston, Texas
• Kelsey McClung, 27, of Westover, West Virginia
• Robert Woody, 41, of Morgantown, West Virginia
• Tiffany Groves, 42, of Kingwood, West Virginia
• Sabrina Burton, 24, of Morgantown, West Virginia
• Skilor Perdue, 25, of Morgantown, West Virginia
• Loren Delaney, 29, of Morgantown, West Virginia
• Greg Snider, 61, of Bruceton Mills, West Virginia
• Morgan Janes, 23, of Morgantown, West Virginia
• Suzanne Adiyeh, 37, of Morgantown, West Virginia
• Antonio Buzzo, 25, of Maidsville, West Virginia
• David Gamble, 56, of Masontown, West Virginia
• Leslie O’Quinn, 30, of Houston, Texas
• Narkevia Lewis, 22, of Houston, Texas
• Ashley Johnson, 34, Morgantown, West VirginiaThe crimes are alleged to have occurred in Monongalia County and elsewhere from the spring of 2018 to October 2020.
Assistant U.S. Attorneys Zelda E. Wesley and Sarah E. Wagner are prosecuting the case on behalf of the government. The FBI's Northern West Virginia Drug Task Force in partnership with the Mon Metro Drug Task Force, a HIDTA-funded initiative, investigated. The Task Forces have members from the Federal Bureau of Investigation; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; West Virginia State Police; Monongalia County Sheriff's Office; and, the Morgantown, WVU, Granville and Star City Police Departments. The investigation was also assisted by the following law enforcement partners: the Monongalia County Prosecutor’s Office, the FBI in Houston, Texas; the Houston Police Department's Multi Agency Gang Initiative; the United States Postal Inspection Service in Houston; and, the FBI and DEA in Los Angeles, California.
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.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
26 October 2020
U.S. Attorney’s Office to Conduct Election Day MonitoringRead the Press Release
CHICAGO — The U.S. Attorney’s Office will monitor the federal, state, and local elections in Chicago and surrounding area on Nov. 3, 2020, John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, announced today.
As part of the monitoring effort, the U.S. Attorney’s Office will operate telephone hotlines for citizens to report complaints related to the voting process. Assistant U.S. Attorneys and other office personnel will monitor the hotlines and respond to complaints, as needed. The hotline numbers, staffed on Election Day only, are (312) 469-6157 and (312) 469-6158.
In addition, the FBI will have special agents available in the Chicago Field Office on Election Day to receive allegations of election fraud or other election-related abuses. The phone number for the FBI Chicago Field Office is (312) 421-6700.
“A crucial part of our democracy is the integrity of our electoral system,” said U.S. Attorney Lausch. “A citizen who is entitled to vote should not be hindered or prevented from doing so, and we stand ready to help ensure the sanctity of the process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations wherever they occur. The Department’s longstanding Election Day Program seeks to ensure public confidence in the voting process.
Federal voting-rights laws protect the rights of voters to mark their own ballot or be assisted by a person of their choice. Actions designed to interrupt or intimidate voters at polling places may constitute a violation. Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. Violations carry penalties ranging from one to ten years in prison, and fines of up to $250,000.
For information as to the location and hours of polling sites, Illinois residents are advised to contact the Illinois State Board of Elections by logging on to www.elections.il.gov or by calling (312) 814-6440.
U.S. Attorney’s Office Announces Election Day Program to Combat Fraud and Protect Voting RightsRead the Press Release
NEWARK, N.J. – U.S. Attorney Craig Carpenito announced today that Assistant U.S. Attorneys Allan Urgent, Mark McCarren and Gabriel Vidoni will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program.
“The right to vote without interference or discrimination, and to have that vote counted, is a cornerstone of our democracy,” U.S. Attorney Carpenito said. “We will not tolerate voter intimidation, voter bribery, election fraud or theft of ballots. We take seriously our responsibility to maintain the integrity of the election process.”
In order to respond to complaints of election fraud or voting rights concerns, and to ensure that such complaints are directed to the appropriate authorities, the public can call the Election Day Hotline – 888-636-6596. This number will be active Oct. 30, 2020, through Nov. 6, 2020, and will be staffed live on Election Day, Nov. 3, 2020.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
AUSAs Urgent, McCarren and Vidoni serve as the District Election Officers (DEOs) for the District of New Jersey, and in that capacity are responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through Election Day.
In addition to the U.S. Attorney’s Office’s Hotline, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The FBI Newark field office can be reached by the public at 973-792-3000. The public may also call the FBI’s national tip line – 1-800-CALL-FBI (1-800-225-5324), and calls will be routed as appropriate. The public may also submit online tips or complaints to the FBI via https://www.fbi.gov/tips .
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
In the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
U.S. Attorney Carpenito said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
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.
U.S. Attorney's Office Announces Contacts for Election Fraud and Voting Rights ConcernsRead the Press Release
SYRACUSE, NEW YORK – Acting United States Attorney Antoinette T. Bacon announced today that Assistant United States Attorneys (AUSAs) Michael F. Perry and Joshua R. Rosenthal will lead the efforts of the Northern District of New York in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. AUSAs Perry and Rosenthal have been appointed to serve as the District Election Officers (DEOs) for the Northern District of New York, and in that capacity are responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
Acting United States Attorney Bacon said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will always act appropriately to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals and seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, Acting United States Attorney Bacon stated that AUSAs Perry and Rosenthal will be on duty in this District while the polls are open. They can be reached by the public at the following telephone numbers: 315-448-0913 (AUSA Perry) and 518-431-0389 (AUSA Rosenthal).
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 518-465-7551.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and they nearly always have faster reaction capacity in an emergency.
Acting United States Attorney Bacon said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
U.S. Attorney W. Stephen Muldrow Statement on the Passing of Judge TorruellaRead the Press Release
United States Attorney W. Stephen Muldrow released the following statement regarding the passing of The Honorable Juan R. Torruella, United States Court of Appeals for the First Circuit, on behalf of the United States Attorney’s Office.
We are saddened by the passing of Judge Torruella. He was a distinguished jurist and a great man who served the First Circuit, the District Court of Puerto Rico, and all of Puerto Rico with integrity and distinction. We honor his many years of dedicated public service, including his decades as a learned jurist and mentor to many, including many law clerks who serve or have served as Assistant U.S. Attorneys in the District of Puerto Rico and throughout the Department of Justice.
We extend our deepest condolences to his family, friends, and colleagues, as well as the countless people whose lives he touched over his long and illustrious career.
May his memory be eternal.
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U.S. Attorney Announces Appointment of District Election Officer to Monitor Integrity of Election PollsRead the Press Release
BOSTON – United States Attorney Andrew Lelling announced today that Assistant United States Attorney (AUSA) Eugenia Carris will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming Nov. 3, 2020, general election.
AUSA Carris has been appointed to serve as the District Election Officer (DEO) for the District of Massachusetts, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
“Fair elections are the foundation of our democracy,” said U.S. Attorney Lelling. “Every citizen has the Constitutional right to cast his or her vote on election day free from intimidation, harassment and discrimination. The Department of Justice will do its part to ensure the integrity of the election process by enforcing federal laws that protect voters and investigating reports of fraud. We encourage the public to report concerns to us.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.
In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on Nov. 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Carris will be on duty in Massachusetts while the polls are open and can be reached by the public at 617-748-3363.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field office can be reached at 857-386-2000.
Complaints about possible violations of the federal voting rights laws can also be made to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or at https://civilrights.justice.gov/.
In the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and are equipped to respond to an emergency.
Two Navajo men charged with sexual abuse of a minor in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Jeremiah Elijah Jim, 40, of Teec Nos Pos, Arizona, was arraigned in federal court on Oct. 6 on an indictment charging him with aggravated sexual abuse of a minor and abusive sexual contact of a minor in Indian Country. His co-defendant, Bryan Bull, 39, of Shiprock, New Mexico, appeared in federal court on Sept. 21 for arraignment on the same charges. Both men are enrolled members of the Navajo Nation.
A federal grand jury charged Jim and Bull on Sept. 10 with four counts of aggravated sexual abuse of a minor and two counts of abusive sexual contact of a minor. The men are further charged in each count with aiding and abetting in the abuse.
According to the indictment, between June 3 and June 4, 2019, Jim and Bull allegedly threatened the then-14-year-old victim with serious bodily injury and sexually assaulted him. The charged offenses took place in Shiprock, New Mexico, in San Juan County on the Navajo Nation.
Bull and Jim are currently in custody pending trial. If convicted, each defendant faces up to life in prison. An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The Farmington Office of the FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.
Two Lynn Men Sentenced for Drug and Firearm PossessionRead the Press Release
BOSTON – Two Lynn men were sentenced today in federal court in Boston in connection with drug and firearm charges.
Carlos Lopez, aka “C-Lo,” 31, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 123 months in prison and six years of supervised release. In March 2020, Carlos Lopez pleaded guilty to one count of possession with intent to distribute heroin and marijuana, one count of being a felon in possession of firearms and ammunition and one count of possession of firearms in furtherance of drug trafficking crimes.
Dionis Lopez, aka “Kuku,” 29, was sentenced by Judge Woodlock to 63 months in prison and six years of supervised release. Dionis Lopez pleaded guilty to one count of possession with intent to distribute fentanyl, cocaine and marijuana, one count of possession of a firearm with an obliterated serial number and one count of possession of firearms in furtherance of drug trafficking crimes. The defendants were arrested and charged in September 2018.
On Nov. 14, 2017, Carlos Lopez possessed and intended to distribute heroin and marijuana while in possession of a Bersa, Model Thunder 380, .380 caliber pistol and a Beretta, Model Px4, 9mm pistol with various rounds of 9mm ammunition. Due to a previous conviction for a crime punishable by more than one year in prison, Carlos Lopez was prohibited from possessing a firearm or ammunition.
Also on Nov. 14, 2017, Dionis Lopez possessed and intended to distribute fentanyl, cocaine and marijuana while in possession of a Glock, Model 27, .40 caliber pistol with an obliterated serial number and a Glock, Model 19, 9 mm pistol.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Lynn Police Chief Michael Mageary made the announcement today. Assistant U.S. Attorney Timothy Moran, Deputy Chief of Lelling’s Organized Crime and Gang Unit, prosecuted the case.
Two Lansing Armed Robbers SentencedRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Jay Zollicoffer was sentenced to serve a total of 22 ½ years in the Federal Bureau of Prisons for three counts of brandishing a firearm during the commission of a robbery and one count of robbery. His codefendant, Marco Jackson was previously sentenced to 15 years in the Federal Bureau of Prisons as well for his role as an aider and abettor. Jackson pled guilty to one count of brandishing a firearm during the commission of a robbery and one count of robbery.
Between July and September 2019, Zollicoffer and Jackson robbed eight convenience stores in the Lansing area at gunpoint. Zollicoffer entered each store wearing a mask and brandishing a pistol. He robbed the store clerks of cash, alcohol, cigarettes, and lottery tickets. Jackson cased the stores before the robberies and acted as a lookout and getaway driver. At sentencing, Chief U.S. District Judge Robert Jonker emphasized the escalating seriousness and danger of each robbery.
"Armed robbery is violent and dangerous," said U.S. Attorney Birge. "The risk of death, serious injury, and psychological harm is ever-present. Our office will continue to pursue those who use guns to commit crimes of violence."
"Robberies committed with a firearm are particularly dangerous, and finding perpetrators is a top priority for our agents and task force officers," said David G. Nanz, Acting Special Agent in Charge of the FBI in Michigan. "Gas station attendants, store workers, and citizens throughout the Lansing metro area have the right to be free from violent criminal acts that threaten the safety and security of our community. This collaborative effort to address violent crime in our communities is just one example of how we can make a difference when working together."
This case was investigated by the Lansing Police Department, Federal Bureau of Investigation, Michigan State Police, and the Lansing Township Police Department.
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