Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
26 October 2020
Two Companies in Business Together Agree to Pay $310,000 to Resolve DBE Fraud Allegations Arising from Platt Memorial Bridge Painting ProjectRead the Press Release
PHILADELPHIA, PA – First Assistant United States Attorney Jennifer Arbittier Williams announced that Hercules-Vimas Joint Venture, LLC has agreed to pay the United States $310,000 to resolve False Claims Act allegations that it participated in a fraudulent scheme designed to take advantage of the Disadvantaged Business Enterprise (DBE) program in connection with its work on the federally-funded George C. Platt Memorial Bridge painting project.
Hercules-Vimas is a joint venture formed between the Hercules Painting Company and the Vimas Painting Company. Hercules Painting Company is based in New Castle, Pennsylvania. George Savakis, a Florida resident, is president of Hercules. Vimas Painting Company is located in Lowellville, Ohio. The president of Vimas is Bessie Xipolitas.
The DBE program is set forth by statutes and regulations to provide opportunities for businesses owned by socially and economically disadvantaged individuals to work on projects financed by the federal government. The program requires contractors to award a percentage of subcontracts on a given project to DBEs that serve a “commercially useful function.” A DBE does not serve a commercially useful function if it acts as a mere pass-through – an extra participant through which funds are passed to create the appearance that historically disadvantaged persons did the work.
That scenario is what the government alleges happened in this case. Specifically, in 2011 Hercules-Vimas was awarded a $42.7 million contract by the Pennsylvania Department of Transportation (PENNDOT) to paint the George C. Platt Memorial Bridge in Philadelphia. The contract, funded largely by the federal government, required that a percentage of work be performed by a DBE. To meet this requirement, Hercules-Vimas subcontracted with Vertech International, Inc. (Vertech), an Indian-American owned company certified as a DBE in Pennsylvania, to supply materials.
According to the government’s investigation, this arrangement was a sham. While Hercules-Vimas represented to PENNDOT that Vertech served as the supplier, Hercules-Vimas actually worked directly with a large, non-disadvantaged business to deliver paint and materials for the project, while Vertech merely created invoices designed to conceal the fraud in exchange for a nominal fee. In 2016, the owner of Vertech pleaded guilty to conspiracy to commit wire fraud for Vertech’s role in this fraudulent scheme.
“By allegedly misrepresenting that Vertech was doing work on the project, Hercules-Vimas was able to submit the lowest bid and secure a large government contract,” said First Assistant U.S. Attorney Williams. “This took jobs away from the legitimate disadvantaged businesses the DBE program is intended to serve. As alleged, it was fraud – plain and simple – and it will not be tolerated in this district.”
“DBE fraud is harmful in two distinct ways. First, it prevents legitimate disadvantaged businesses from participating in transportation infrastructure contracts. And second, it compromises the integrity of the Department’s DBE program,” said Douglas Shoemaker, regional Special Agent-in-Charge, United States Department of Transportation Office of Inspector General. “We remain steadfast in our commitment to working with our law enforcement and prosecutorial partners to protect the taxpayers’ investment in our nation’s infrastructure from DBE fraud schemes that undermine DOT-funded programs and projects and the public trust.”
The settled civil claims are allegations only. There has been no determination of civil liability. The investigation was conducted by the United States Department of Transportation, Office of Inspector General and the United States Department of Labor, Office of Inspector General. For the United States Attorney’s Office, Assistant United States Attorneys David Degnan, Bryan Hughes, and Eric Gill handled the investigation and settlement.
Statement from United States Attorney Andrew E. Lelling on the Passing of Judge Juan R. TorruellaRead the Press Release
“We were saddened to hear of the passing of Judge Juan R. Torruella today. Judge Torruella had a long and impressive career on the First Circuit Court of Appeals. A Reagan appointee, he was a strong advocate for the rights of Puerto Ricans and spent his career advocating for their equal rights as U.S. citizens. His insight and passion for the law will be missed.”
Springfield Man Sentenced for Damaging Postal Vehicle and Stealing MailRead the Press Release
BOSTON – A Springfield man was sentenced on Friday, Oct. 23, 2020 in federal court in Springfield for breaking into a postal vehicle and stealing the mail inside.
Jose Luis Sanchez, 45, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 267 days in prison and three years of supervised release. In March 2020, Sanchez pleaded guilty to theft of United States mail and destruction of government property.
On Aug. 16, 2017, Luis Sanchez broke into a postal vehicle by breaking a window and then stole mail that was inside. Investigators identified Sanchez using DNA and fingerprints that were left behind on the vehicle by Sanchez when he broke the window.
United States Attorney Andrew E. Lelling; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; and Springfield Police Commissioner Cheryl Clapprood made the announcement. Assistant U.S. Attorney Neil L. Desroches of Lelling’s Springfield Branch Office prosecuted the case.
Second armed robber admits guilt in bar heist that left Samaritan soldier woundedRead the Press Release
SAVANNAH, GA: A second Savannah man has admitted taking part in the March 2019 robbery of a bar that left a U.S. Army serviceman wounded.
Justin Alexander Campbell, 20, pled guilty in U.S. District Court to Interference with Commerce by Robbery, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. The charge carries a penalty of up to 20 years in prison, followed by a period of supervised release. A co-defendant, Anthony Curtis Raife, 24, previously pled guilty to Possessing a Short-Barreled Shotgun in Furtherance of a Violent Crime and awaits sentencing. There is no parole in the federal system.
“Our law enforcement partners have done an outstanding job in tracking down the violent criminals responsible for this robbery and getting them off of our streets,” said U.S. Attorney Christine. “A prison sentence will put them where they belong: behind bars.”
According to court documents and testimony, Campbell and Raife entered the rear door of Brewer’s Sports Pub and Grill on Ogeechee Road on March 24, 2019. Both carried firearms and pointed the weapons at patrons during the robbery. One of the customers, who was an active-duty U.S. Army serviceman, witnessed the robbery and helped other patrons escape. The serviceman then went unarmed to the rear of the bar and was shot after he punched one of the robbers in the face. Both robbers then fled; the soldier was treated for a bullet wound and recovered.
Raife was located and arrested soon after the robbery, while Campbell was taken into custody in Virginia and returned to Georgia for prosecution.
“We are so fortunate that a brave soldier did not lose his life because of the brazen act of violence,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Thankfully because of his actions and the actions of our local law enforcement partners, neither of these subjects will be able to strike fear in innocent business patrons for a long, long time.”
“Chatham County Police Department officers and detectives were tireless in their efforts to solve this case,” said Chatham County Police Department Police Chief Jeff Hadley. “Criminals should understand that we will pursue every lead, collect every piece of evidence, and work as long as necessary to ensure the safety of our streets and our citizens.”
The case was investigated by the FBI and the Chatham County Police Department, and prosecuted for the United States by the U.S. Attorney’s Office for the Southern District of Georgia.
San Diego Drug and Money Laundering Cell Leader Sentenced to 17 YearsRead the Press Release
Assistant U. S. Attorney Larry Casper (619) 546-6734
NEWS RELEASE SUMMARY – October 26, 2020
SAN DIEGO – Javier Felix Bayardo, a resident of Sinaloa, Mexico who was living in the San Diego area, was sentenced in federal court today to 17 years in custody for his role as the organizer of drug and money- laundering conspiracies and for possessing firearms in furtherance of a drug trafficking crime.
Felix pleaded guilty in August of 2018, admitting that from 2014 until 2017, Felix coordinated the receipt of cocaine, methamphetamine and marijuana that were smuggled to the San Diego area. He arranged to store the drugs and then deliver them to customers in Southern California and elsewhere. To do so, Felix maintained control of multiple commercial storage units that he used to store large quantities of drugs following their importation. Felix supervised drug couriers and money launderers in these efforts.
Through his plea agreement, Felix also acknowledged that he and others opened dozens of bank accounts that were used to receive cash deposits of drug proceeds from throughout the United States and then withdrawn from the San Diego area for bulk transport to drug suppliers in Mexico.
According to the plea documents, the conspiracy involved the laundering of at least $4.5 million in drug proceeds and at least 26.5 kilograms of cocaine, 938 grams of methamphetamine and 486 kilograms of marijuana that were seized during the investigation. Felix possessed five firearms, which included a .223 caliber automatic rifle and a Glock semi-automatic pistol.
In addition to the 17-year sentence, the court imposed a $30,000 fine. In connection with this case, the court has previously ordered the forfeiture of more than $27,500 in United States currency; Las Vegas real property; two Kawasaki Jet Skis; 25 wristwatches; 26 women’s handbags; 42 pairs of women’s shoes; three large screen televisions; a currency counter and the five firearms.
“Those who attempt to use Southern California as a hub for their illicit drug trafficking and money laundering efforts will continue to face stiff penalties,” said U.S. Attorney Robert Brewer. “Not only will we aggressively pursue significant prison sentences in these cases but also forfeiture of the ill-gotten gains of the perpetrators in whatever form.” Brewer commended prosecutor Larry Casper and agents from the Drug Enforcement Administration, IRS Criminal Investigation Division, Homeland Security Investigations and U.S. Postal Service for their excellent work on this case.
“Today’s sentencing of Javier Felix Bayardo is a victory for our community,” said DEA Special Agent in Charge John Callery. “Felix Bayardo will spend the next 17 years in federal prison for dealing deadly drugs that caused the destruction of an untold number of lives. This just sentencing should serve as a warning to anyone who puts profits above the lives of Americans – DEA and our law enforcement partners will use every resource to ensure you are brought to justice and serve time for your crimes.”
“Traffickers of illegal drugs who corrupt our financial systems to launder their illicit proceeds will be caught and brought to justice,” said IRS Criminal Investigation Special Agent in Charge Ryan L. Korner. “Our IRS Special Agents are committed to dismantling these drug and money laundering networks by using our financial expertise to identify and trace criminal transactions, stem the flow of dirty money and seize all assets that fund drug cartels.”
“This sentencing is the product of federal law enforcement agencies collaborating together and working with our partners at the U.S. Attorney’s Office on ridding our communities of illegal narcotics and the violence that so often comes with it,” said Cardell T. Morant, Special Agent in Charge of Homeland Security Investigations (HSI). “I hope today’s outcome is seen as a warning to others who are thinking of getting involved in narcotics smuggling to make money. We will find you and we will bring you to justice.”
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. The principal mission of the OCDETF program is to identify, disrupt and dismantle the highest-level drug traffickers, money launderers and other priority transnational criminal organizations that threaten the citizens of the United States using a prosecutor-led, intelligence driven, multi-agency approach to combat transnational organized crime. The OCDETF program facilitates complex, joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.
DEFENDANT Case Number 17-cr-2538-BAS
Javier Felix Bayardo Age: 36 Sinaloa, Mexico
SUMMARY OF COUNTS OF CONVICTION
Javier Felix-Bayardo
Count 1: Conspiracy to Distribute Cocaine, Methamphetamine and Marijuana, 21 U.S.C. Secs. 841(a)(1) and 846.
Sentence Imposed: Twelve years (concurrent with Count 2)
Count 2: Conspiracy to Launder Monetary Instruments, 18 U.S.C Secs. 1956(h) and (a)(1)(B)(i).
Sentence Imposed: Twelve years (concurrent with Count 1)
Count 3: Possession of Firearm in Furtherance of a Drug Trafficking Crime, 18 U.S.C. Sec. 924(c).
Sentence Imposed: Five years (consecutive to Counts 1 and 2)
INVESTIGATING AGENCIES
Drug Enforcement Administration
IRS Criminal Investigation Division
Homeland Security Investigations
U.S. Postal Service
Pittsburgh Man Pleads Guilty to Narcotics TraffickingRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of narcotics trafficking in connection with a large-scale investigation conducted by the Greater Pittsburgh Safe Streets Task Force, United States Attorney Scott W. Brady announced today.
Jonathan Laur, 37, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl before United States District Judge William S. Stickman IV. Mr. Laur and is one of 22 defendants charged in the Superseding Indictment. The defendant ultimately accepted responsibility for the distribution of 12 grams of heroin and fentanyl.
In connection with the guilty plea, the court was advised that in 2017, the Greater Pittsburgh Safe Streets Task Force, led by the Federal Bureau of Investigation, initiated an investigation primarily targeting the Darccide/Smash 44, or DS44, neighborhood gang, and drug-trafficking activity in and around the South Side area of Pittsburgh. As part of this large-scale narcotics and firearms investigation, the United States received authorization to conduct a federal wire investigation, which continued through June of 2019. Intercepted communications revealed that the defendant distributed bag and bundle level quantities on behalf of a co-conspirator. Additionally, law enforcement arrested Mr. Laur in June 2019 while he was in possession of narcotics he had just obtained from a co-conspirator. Mr. Laur ultimately accepted responsibility for the distribution of 12 grams of heroin and fentanyl in the Pittsburgh area as a condition of the plea.
Judge Stickman scheduled sentencing for February 23, 2021 at 10:30 am. The law provides for a total sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Mr. Laur remains in detention pending the sentencing hearing.
Assistant United States Attorneys Carolyn Bloch and Brendan J. McKenna are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Bureau of Alcohol Tobacco Firearms and Explosives, Allegheny County Adult Probation, Allegheny County Police Department, Allegheny County Sheriff’s Office, Pennsylvania Attorney General’s Office Bureau of Narcotics, Pittsburgh Bureau of Police, and the Wilkinsburg Police Department. Other assisting agencies include the Green Tree Police Department, New York City Police Department, Mount Oliver Police Department, Pennsylvania State Police, Yonkers Police Department, United States Marshals Fugitive Task Force, and the United States Postal Inspection Service.
This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.
Orange County Man Sentenced to Nearly 4 Years in Federal Prison for Short-Term Loan Investment Scam that Cost Victims over $3 MillionRead the Press Release
SANTA ANA, California – An Orange County man was sentenced today to 46 months in federal prison for running a program that purported to offer short-term loans, but was nothing more than an investment scam that caused more than $3 million in losses to victims.
J. Michael Clancy, 58, of Rancho Santa Margarita, was sentenced today by United States District Judge David O. Carter, who also ordered him to pay $3,003,084 in restitution. Clancy pleaded guilty in March 2019 to a single-count information charging him with wire fraud.
From July 2014 until July 2016, Clancy operated Multiplied Equities and Quantum Capital California LP, both located in Lake Forest, which he claimed offered short-term loans secured by real estate. Clancy sold partnership interests to investors, telling them their funds would be used to make short-term loans. Clancy further promised to sell the loans to outside investors, which would earn profits for his victims and free up funds to make additional short-term loans.
Instead of using his victims’ funds as promised, Clancy used the money to operate a house-flipping scheme, purchase a personal residence in Silverado Canyon, pay family members, and make “interest” payments to earlier investors in the scheme.
In total, 11 victims lost $3,003,084 as a result of the scheme.
This matter was investigated by the Federal Bureau of Investigation.
This case was prosecuted by Assistant United States Attorney Jennifer L. Waier of the Santa Ana Branch Office.
Onslow County Man Receives 14 Years in Federal PrisonRead the Press Release
NEW BERN, N.C. –John Michael Gray, 33, of Onslow County, was sentenced to 168 months in prison for conspiracy to distribute and possess with the intent to distribute 500 grams or more of a mixture of substance containing methamphetamine and possession with intent to distribute a quantity of a mixture of substance containing methamphetamine and heroin.
On August 8, 2019, an Onslow County Sheriff’s Detective conducted a traffic stop of Gray in the area of Pony Farm Road in Jacksonville. Law enforcement found a quantity of high purity methamphetamine and a quantity of heroin in the car.
During an on-going investigation, agents uncovered that Gray had been involved in an assault of someone involved with him in the distribution of methamphetamine. This drug trafficking organization had a reputation for violence. The assault was mentioned as a warning to other involved not to cross them. Gray was involved in the distribution of more than 700 grams of methamphetamine.
The investigation was part of OCDETF Operation Fighting JellyFish. An Organized Crime Drug Enforcement Task Force (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. This OCDETF focuses on a Multi-State Drug Trafficking Organization and Gang Activity that has been responsible for the distribution of large quantities extremely pure methamphetamine throughout the United States.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after the jury verdict before U.S. District Judge Louise W. Flanagan. The Bureau of Alcohol, Tobacco and Firearms, Drug Enforcement Administration, with assistance from the Onslow, Duplin and Craven Sheriff’s Offices and the Beaufort and Kinston Police Department. Assistant U.S. Attorney Timothy Severo prosecuted the case.
A copy of this press release is located on our website. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:19-cr-00160-FL.
###
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.
One Convicted, One Indicted in Scheme to Defraud the USDA's Summer Food Service ProgramRead the Press Release
United States Attorney Brandon J. Fremin announced this week that Corey Roshel Powell, age 42, of Delhi, Louisiana, pled guilty before U.S. Chief Judge Shelly D. Dick to wire fraud in connection with a scheme to defraud the USDA’s Summer Food Service Program. Janie Johnson Smith, age 40, of Monroe, Louisiana, was also indicted with wire fraud for her participation in the scheme. The pair face terms of imprisonment of up to 20 years, fines, and periods of supervised released upon conviction.
The USDA’s Summer Food Service Program is a federally-funded child nutrition program that is administered by the Louisiana Department of Education. The SFSP is designed to ensure that children in low-income areas continue to receive nutritious meals during the summer when school is not in session.
According to court records, Powell owned and operated The NELLA Foundation (NELLA), a non-profit organization domiciled in Darrow, Louisiana, which served as a sponsor for the SFSP. Smith, an employee of NELLA, managed the day-to-day operations of NELLA’s feeding sites. Over the course of the summers of 2014 and 2015, Powell and Smith inflated the number of meals NELLA purportedly served to low-income children and submitted fraudulent claims for reimbursement based on the inflated numbers. Powell and Smith also falsified program documents to support the false claims for reimbursement. Once the funds were transmitted to NELLA, Powell and Smith used SFSP funds for their own personal expenses such as car and rent payments, or withdrew the funds as cash. Additionally, Powell and Smith ordered food for NELLA’s purported operations through lines of credit obtained with food distribution companies, and once reimbursed for these expenses by the Louisiana Department of Education, the two defaulted on the lines of credit and instead converted the funds for their own personal use and financial gain. Over a two year period, NELLA submitted and received approximately $265,000 in SFSP funds.
U.S. Attorney Brandon J. Fremin stated, “Stealing taxpayer money intended to feed hungry children is a shameful crime that will be dealt with harshly by this office and our partners in the FBI and Louisiana Office of Inspector General. The conviction of one and the indictment of his accomplice are the first steps in bringing these criminals to justice, and a confirmation of our commitment to protect government programs intended for those who truly need assistance.”
“Mr. Powell aided by Ms. Smith used funds designated for the USDA Summer Foods Service Program which provides nutritional meals for children in low income families for his or their own personal expenses. Defrauding taxpayers and taking food out of the mouths of children who can’t provide for themselves is reprehensible,” said Bryan Vorndran, FBI New Orleans Special Agent in Charge. “I would like to thank the efforts put forth by our partners at the Louisiana Office of Inspector General for helping the FBI disrupt corruption like this.”
Louisiana Inspector General Stephen Street commented, “In stealing over a quarter million dollars intended to feed hungry children, these defendants showed no concern at all for the taxpayers or the children those funds were supposed to benefit. They brazenly broke the law, and it is entirely appropriate to hold them criminally accountable. Together with our law enforcement partners, the Louisiana OIG will continue to relentlessly pursue individuals who commit this fraud for as long as it takes to send the message that those who steal from the taxpayers do so at their own peril.” Street added, “I want to thank United States Attorney Brandon Fremin and his staff for their usual outstanding work, as well as our partners at the FBI.”
This matter is being investigated by the Baton Rouge Resident Agency of the Federal Bureau of Investigations and the Louisiana Office of Inspector General and is being prosecuted by Assistant United States Attorney Kristen Craig.
North Tonawanda Man Indicted by A Federal Grand Jury on Cocaine ChargesRead 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 a federal grand jury returned an indictment charging Daniel Rodriguez, 37, of North Tonawanda, NY, with possessing with intent to distribute cocaine and crack cocaine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Michael J. Adler and Evan K. Glaberson, who are handling the case, stated that according to the indictment and a previously filed complaint, on September 11, 2020, investigators established surveillance at a Center Avenue residence in North Tonawanda. The Town of Tonawanda Police Department had obtained search warrants for the residence, a Jeep Grand Cherokee, and a body warrant for the defendant, all relating to an ongoing investigation involving an August 2019 homicide in the Town of Tonawanda.
During the course of surveillance, the Jeep Grand Cherokee left the residence with a female driver and a male passenger. Shortly thereafter, a North Tonawanda Police Officer pulled over the vehicle. The passenger in the vehicle was identified as defendant Rodriguez. Town of Tonawanda Detectives arrived on the scene of the traffic stop and notified the defendant about the search warrants. During the search of the vehicle, detectives located and seized a plastic bag in the rear of the vehicle which contained a quantity of narcotics. Initial testing determined the narcotics were cocaine and crack cocaine.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Town of Tonawanda Police Department, under the direction of Chief James Stauffiger; and the North Tonawanda Police Department, under the direction of Chief Thomas E. Krantz.
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.
# # # #New London Heroin Dealer Sentenced to PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ROBERT WINSTON, also known as “Bobbo,” 35, of New London, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 28 months of imprisonment, followed by three years of supervised release, for distributing heroin.
This matter stems from an investigation led by the Drug Enforcement Administration, Connecticut Statewide Narcotics Taskforce East, Connecticut Department of Correction and the New London, Waterford, City of Groton and Stonington Police Departments, into the distribution of narcotics and illegal possession of firearms in southeastern Connecticut. The investigation included court-authorized wiretaps and controlled purchases and seizures of heroin, cocaine and crack cocaine, and firearms. The investigation revealed that Winston received heroin from a co-conspirator and distributed the drug to his own customers.
On March 5, 2019, a grand jury in Hartford returned an indictment charging 24 individuals with various offenses. On August 6, 2019, the grand jury returned a superseding indictment adding Winston and another defendant. On June 4, 2020, Winston pleaded guilty to one count of conspiracy to distribute and to possess with the intent to distribute heroin.
Winston has been detained in state custody since August 14, 2019, for an unrelated drug offense.
This investigation is being conducted by the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Marshals Service, Homeland Security Investigations, Connecticut Statewide Narcotics Taskforce East, Connecticut Department of Correction and the New London, Waterford, City of Groton, Stonington, Norwich, Old Saybrook and UConn Police Departments. The case is being prosecuted by Assistant U.S. Attorney Natasha M. Freismuth.
Navajo man charged in shooting incident in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Ferlando Wadsworth, 38, an enrolled member of the Navajo Nation, appeared in federal court today on charges of assault with a dangerous weapon, discharging a firearm during a crime of violence and unlawful possession of a firearm by a convicted felon. Wadsworth will remain in custody pending trial.
According to a criminal complaint, on Oct. 14, Wadsworth allegedly arrived with two associates at a meeting to purchase food stamps from the victims. When the first victim refused to get into a vehicle with Wadsworth and his associates, Wadsworth allegedly exited the vehicle with a shotgun and followed her to the vehicle driven by the second victim. Wadsworth allegedly pointed the shotgun at the victims and demanded that they get out of their vehicle. When the second victim put the car into drive, Wadsworth allegedly attempted to open the door and then fired the shotgun into the vehicle as it began to drive away.
Navajo Police located the vehicle in which Wadsworth fled and a vehicle pursuit ensued. Wadsworth allegedly got out of the vehicle and was caught as he attempted to flee on foot. Officers located a shotgun with the serial number obliterated.
The incident took place on the Navajo Nation. As a felon previously convicted of aggravated assault with a deadly weapon and battery on a peace officer, Wadsworth cannot legally possess a firearm or ammunition. If convicted, Wadsworth faces up to 10 years in prison for unlawful possession of a firearm by a convicted felon, 10 years for assault with a dangerous weapon and a minimum of 10 years and up to life in prison for discharge of a firearm during a crime of violence.
A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The FBI and the Navajo Department of Criminal Investigations investigated this case. Assistant U.S. Attorney Frederick T. Mendenhall is prosecuting the case.
Monongalia County woman guilty of firearms violationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Teresa Miller, of Morgantown, West Virginia, was found guilty of a firearms violation, U.S. Attorney Bill Powell announced.
After a bench trial today, Miller, age 46, was found guilty of one count of “Unlawful Possession of a Firearm.” Miller, having previously been convicted of a drug crime, is prohibited from having a firearm. Miller had a .380 caliber pistol and a .45 caliber pistol in July 2018 in Monongalia County.
Miller faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods 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.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Morgantown Police Department investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Mescalero man charged with aggravated sexual abuse of a childRead the Press Release
ALBUQUERQUE, N.M. – Troy Douglas Blaylock, Sr., 57, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, was charged in federal court on Sept. 22 with aggravated sexual abuse of a child and sexual abuse of a minor. The Court ordered Blaylock detained pending trial.
A criminal complaint alleges that from late 2019 until Aug. 2020 Blaylock repeatedly sexually abused a minor victim, who is also an enrolled member of the Mescalero Apache Tribe and was eight- and nine-years old during the time of the abuse. The alleged abuse took place in the defendant’s residence within the external borders of the Mescalero Apache Indian Reservation.
If convicted, Blaylock faces up to 15 years in prison for sexual abuse of a minor and a minimum of 30 years and up to life in prison for aggravated sexual abuse of a child. A criminal complaint is only an allegation. A defendant is considered innocent unless and until proven guilty.
The FBI investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S. Attorney Marisa A. Ong is prosecuting the case.
Marion County man admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Samuel Iaquinta, Jr., of Fairmont, West Virginia, has admitted to a firearms charge, U.S. Attorney Bill Powell announced.
Iaquinta, age 47, pled guilty to one count of “Unlawful Possession of Firearm.” Iaquinta, a person prohibited from having a firearm because of a previous felony conviction, admitted to having a 9mm pistol in Marion County in March 2020.
Iaquinta faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Sara E. Wagner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fairmont Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Madison Man Sentenced to 8 Years in Prison for Bank Robbery and Gun CrimeRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Madison man for robbing a bank and possessing a firearm, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Judge Madeline H. Haikala sentenced Jose Guadalupe Pena, 22, to 96 months in prison on one-count of bank robbery and one-count of possession of a firearm in furtherance of a violent crime. Pena pled guilty in June.
“By possessing a gun during the robbery, Pena placed bank employees in grave danger,” USA Escalona said. “Those inclined to put the value of a dollar over the value of someone’s safety should consider the consequences before committing the crime.”
“Bank robberies are violent crimes that often can jeopardize the safety of bank employees, customers, and other members of the community,” FBI SAC Sharp said. “Thanks to the great work of my agents and the Madison Police Department, Pena is off the street and paying the price for his crime.”
According to the plea agreement, on September 23, 2016, Pena robbed Eva Bank located in Madison, Alabama. An employee of the bank was preparing to leave work for the day and saw Pena walking in front of the bank and looking inside. Pena walked into the bank and told the teller that she could not leave. Pena then approached another teller and demanded she give him all the money in her drawer. He showed both women a black semi-automatic handgun that he had tucked in the waistband of his pants. Pena did not point the gun at either of them, but kept his hand on it. At Pena’s command, the teller put approximately $2,467 in a grocery bag, to include bait money.
FBI investigated the case along with the Madison Police Department. Assistant U.S. Attorney Robert J. Becher, Sr. prosecuted the case.
Lordsburg man charged with producing and possessing child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Gilbert Gallegos, 44, of Lordsburg, New Mexico, was arraigned in federal court on Sept. 24 on charges of production and possession of child pornography. Gallegos will remain detained pending trial.
According to a criminal complaint, on April 15, Gallegos allegedly was in possession of pornographic videos on his cellphone from July 2, 2019, depicting a minor victim who is nude from the waist down. Gallegos allegedly is identified as participating in the videos. Other videos recovered from Gallegos’ phone allegedly contain child pornography.
If convicted, Gallegos faces a mandatory minimum of 15 years and up to 30 years in prison for production of child pornography and up to 20 years in prison for possession of child pornography. A criminal complaint is only an allegation. A defendant is considered innocent unless and until proven guilty.
Homeland Security Investigations and the Lordsburg Police Department investigated this case. Assistant U.S. Attorney Marisa A. Ong is prosecuting the case.
Lilburn Man Charged with Filing $165 Million in Fake Tax Returns, Collecting Millions in Undeserved RefundsRead the Press Release
MACON, Ga. – A Lilburn, Georgia resident currently in custody was charged in a 20-count indictment for allegedly filing false tax returns totaling $165,212,271, collecting at least $2,897,192.74 in undeserved tax refunds, announced Charlie Peeler, the U.S. Attorney of the Middle District of Georgia.
Marquet Antwain Burgess Mattox, AKA Marquet Antwain Burgess Mattox El, AKA Marquet Burgess Mattox, AKA Asim Ashunta El, AKA Asim El Bey, 48, of Lilburn, Georgia was charged by a federal grand jury on September 17 with nine counts of wire fraud, ten counts of false claims against the U.S. Government and one count of theft of government funds. The indictment was unsealed on October 16. Following a hearing on Friday, October 23, U.S. Magistrate Judge Charles H. Weigle ordered Mattox remain in custody. An indictment is merely an allegation, and all defendants are presumed innocent unless and until proven guilty in a court of law.
According to the indictment, Mattox is accused of filing fraudulent Form 1041 U.S. Income Tax Returns with the IRS for tax years 2015 through 2017 for at least twelve different trusts. The IRS relied upon information from submitted Forms 1041 in determining and issuing refunds. The indictment alleges that Mattox knew at the time he submitted the tax forms that none of the trusts had any business activities, that the trusts had not earned the income as claimed and that the withholding payments had in fact not been made to the IRS as claimed. Mattox is accused of falsely claiming tax refunds for these purported trusts in the amount of approximately $165,212,271. The IRS issued approximately $2,897,192.74 in federal income tax refunds from one of the alleged fraudulent trusts which the defendant was not entitled to receive.
IRS-CI’s Atlanta Division and Office of the U.S. Treasury Inspector General for Tax Administration are investigating the case. Assistant U.S. Attorney Lyndie M. Freeman of the Middle District of Georgia’s Complex Frauds Unit is prosecuting the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362. The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
L.A. Man Sentenced to Nearly 3 Years in Federal Prison for Role in Lottery Scam that Defrauded Elderly Victims out of Almost $200,000Read the Press Release
LOS ANGELES – The final defendant in a federal fraud case was sentenced today to 33 months in prison for conning more than a dozen elderly victims out of nearly $200,000 in a scam involving fake lottery tickets.
Tito Lozada, 50, a Colombian national and Los Angeles resident, was sentenced by United States District Judge John F. Walter, who also ordered Lozada and his co-defendants to pay $190,422 in restitution. Lozada pleaded guilty on February 24 to one count of conspiracy to commit wire fraud.
From March 2017 until September 2019, Lozada and his co-defendants rented vehicles under false names and then drove in search of elderly victims – primarily Hispanic women between the ages of 65 and 85 years old. Once a victim was located, a member of the scheme approached her and lied about having a winning lottery ticket that the co-conspirator needed help cashing.
The defendants preyed on their victims’ emotions by claiming the conspirators needed help finding their way home or to a church, or by claiming they were illegally in the United States and needed help finding a lawyer or immigration services. One victim identified Lozada as the thief who stole her money and co-defendant Maria Luisa Henao, 44, a dual citizen of Colombia and the United States, as the suspect who cried as a ploy to lure her into the scheme.
To further deceive the victims, one of the co-conspirators generally telephoned a purported lottery official – actually a cohort – who then “confirmed” the phony lottery ticket was a winner that only could be released by paying a fee or cash deposit.
The defendants general drove victims to their home or bank so they could retrieve jewelry or large sums of cash to pay for the sham lottery ticket deposit. Once the co-conspirator had the victim’s money or jewelry in hand, they used a ruse in order to flee.
Victims were targeted across Southern California, including in the cities of Maywood, Long Beach, Baldwin Park, Hawaiian Gardens, Fontana, Lakewood, San Pedro, Vallejo, Garden Grove, Ontario, Santa Ana and Chula Vista.
In total, Lozada and his co-defendants defrauded at least 16 victims and caused losses of at least $190,422. They also attempted to defraud one additional victim, resulting in a total intended loss of at least $206,422.
Co-defendants Henao; Mercedes Montanez, 76; and Luisa Camargo, 40, pleaded guilty and received prison sentences of 33 months, 27 months, and time served, respectively. Montanez and Camargo are Colombian nationals who were living in Los Angeles at the time of their arrest in this case.
The FBI and the Los Angeles Police Department investigated this matter.
This case was prosecuted by Assistant United States Attorneys Anna Farias-Eisner of the General Crimes Section and Ian Yanniello of the International Narcotics, Money Laundering, and Racketeering Section.
Kalamazoo Dealer Found Guilty of Possession with Intent to Distribute MethamphetamineRead the Press Release
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that following a three-day trial, a federal jury convicted Anthony Ozomaro, of Kalamazoo Michigan of possession with intent to distribute more than fifty grams of methamphetamine.
On March 8, 2019, officers from the Kalamazoo Department of Public Safety (KDPS) responded to a call regarding a possible homicide at a home on Charles Avenue in Kalamazoo. When officers arrived at the residence, they found a woman, later identified as Nikkole Riojas, dead with an apparent gunshot wound to the head. After an initial investigation, detectives determined that the victim’s ex-boyfriend, Anthony Ozomaro, was a person of interest in the homicide. Detectives secured a warrant to search Ozomaro’s home. During their search of Ozomaro’s house, police located a large plastic bag containing approximately 250 grams of 91 percent pure crystal methamphetamine on a shelf in Ozomaro’s bedroom. Next to the methamphetamine, police also found Ozomaro’s U.S. passport, a digital scale with methamphetamine residue, and various rounds of live ammunition. A federal grand jury subsequently indicted Ozomaro for possession with intent to distribute more than fifty grams of methamphetamine.
On October 22, 2020, Ozomaro’s trial successfully commenced, with U.S. District Court Judge Hala Y. Jarbou presiding over her first federal trial as a federal judge. Ozomaro elected to act as his own lawyer throughout the entire three-day trial.
"We reserve federal charges for those who pose the most danger to our communities, and Ozomaro fits that bill," said U.S. Attorney Andrew Birge. "Methamphetamine is a plague on our west Michigan communities, so we hold those who peddle it accountable."
Ozomaro now faces a mandatory minimum period of ten years up to life in prison. His sentencing is scheduled for March 21, 2021. The Kalamazoo Department of Public Safety and Drug Enforcement Administration (DEA) investigated this case. The case was prosecuted by Assistant United States Attorneys Erin Lane and Stephen Baker.
Acting Executive Lt Michael Ferguson of the Kalamazoo Valley Enforcement Team said, "Methamphetamine is a dangerous drug that has impacted our community in many ways. The conviction of this large-scale meth-dealer will certainly have a positive impact on our community."
The Kalamazoo County Prosecuting Attorney’s office later charged Ozomaro with the murder of Nikkole Riojas. A preliminary hearing on the open murder charge is scheduled for early November in the Kalamazoo County District Court. He is presumed innocent of all murder charges unless and until proven guilty.
###
Justice Department Settles Sexual Harassment and Retaliation Lawsuit Securing $342,500 for Two Female Firefighters and Changes to the Houston Fire Department's Training PracticesRead the Press Release
The Justice Department announced today that it has reached a settlement with the City of Houston resolving allegations that personnel at Houston Fire Department (HFD) Station 54 discriminated and retaliated against former firefighter Jane Draycott in violation of Title VII of the Civil Rights Act of 1964. Title VII is a federal statute that prohibits employment discrimination on the basis of race, color, national origin, sex and religion.
The department also announced the April 28, 2020 settlement of the Title VII claims brought in its lawsuit on behalf of Houston firefighter Paula Keyes. Once the resolution announced today involving Draycott’s claims is entered by the court, all Title VII claims brought by the United States in its lawsuit will be resolved.
“There is no place in the workplace for the type of egregious sexual harassment that these two female Houston firefighters suffered in this case, and the retaliation one firefighter endured after she complained is intolerable and unlawful. Sexual harassment and retaliation of this kind artificially slam shut the doors of equal employment opportunity for women who work in jobs historically dominated by men,” said Assistant Attorney General Eric S. Dreiband. “These two strong women and anyone else who is hardworking and courageous enough to serve as a first responder deserve the full protection of the Civil Rights Act. The Department of Justice is and will remain dedicated to enforcing these protections so that firefighters and other public safety officials can protect and serve the public free from illegal sex discrimination.”
“This settlement agreement exemplifies our commitment to civil rights and sends a clear message that the U.S. Attorney’s Office will continue to protect all Americans, including public sector employees, from unlawful discrimination, retaliation and sexual harassment in the workplace,” said U.S. Attorney Ryan K. Patrick for the Southern District of Texas. “The type of systematic discrimination suffered by HFD female firefighters can only be prevented when employers unequivocally promote a workplace free from discrimination.”
Draycott and Keyes each filed charges of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC’s Houston Office investigated the charges and made reasonable cause findings. After unsuccessful conciliation efforts, the EEOC referred the charges to the Justice Department.
According to the department’s complaint, filed in the Southern District of Texas, female firefighters Jane Draycott and Paula Keyes were subjected to a hostile work environment based on sex when they were employed at the HFD’s Station 54, located at Bush Intercontinental Airport in north Houston. The complaint alleged that, during the time that both Draycott and Keyes worked at Station 54, they were subjected to the soiling of their bathroom by male co-workers who urinated against the walls, floors, and sinks of that space. That misconduct escalated over time to dangerous activities that jeopardized the personal safety of Keyes and Draycott and their ability to do their jobs, to include the disconnection of the cold water in their showers and the silencing of the public announcement speakers in their residential areas such that they could not respond to emergency fire calls. This conduct was persistent even though Draycott complained about it through her chain of command. Prior to Draycott’s and Keyes’ transfer to Station 54, other female firefighters who had previously worked at Station 54 made similar complaints to the HFD about the conduct. According to the complaint, the HFD did not take meaningful steps to stop the discrimination against these other women.
The complaint further alleged the harassing conduct culminated in death threats and vulgar race- and gender-based slurs written on the walls of their work and living spaces and on their personal possessions. Finally, the complaint also alleged that the HFD retaliated against Draycott for complaining about her working conditions by publicly disparaging her in a workplace meeting in order to force her to leave the station. Ultimately, Draycott left HFD’s employment earlier than anticipated due to the intolerable working conditions.
Under the terms of the Oct. 26, 2020 consent decree with the City of Houston concerning HFD’s Station 54, which is subject to court approval, the city must provide training to certain supervisory staff and provide proof of compliance for up to 12 months. The city also agreed to pay Draycott $275,000.00 to resolve the claims of sex-based harassment and retaliation stemming from her employment with the HFD. In a separate settlement agreement executed in April 2020, the city agreed to pay $67,500.00 to Keyes to resolve similar claims alleged by the United States in its complaint via a separate settlement agreement.
The Civil Rights Division’s Employment Litigation Section brought and resolved the case in collaboration with the U.S. Attorney’s Office for the Southern District of Texas. This matter was handled by Employment Litigation Section attorneys Karen Woodard, Jeremy Monteiro, Hector Ruiz, and Hillary Valderrama and Assistant United States Attorneys Keith Wyatt and Elizabeth Karpati of the Southern District of Texas.
The full and fair enforcement of Title VII is a top priority of the Justice Department’s Employment Litigation Section of the Civil Rights Division. More information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at www.justice.gov/crt and https://www.justice.gov/crt/employment-litigation-section.
Jacksonville Man Sentenced to 20 Years for Sexually Exploiting A ChildRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan today sentenced Lonnie Lawrence Mercer, Jr. (42, Jacksonville) to 20 years in federal prison, and a 15-year term of supervised release, for possessing images of child sexual abuse. Mercer had pleaded guilty on July 5, 2020.
According to court records, Mercer possessed images of child sexual abuse on his cellular telephone depicting the lewd and lascivious display of the genitals of a child younger than 12 years of age. The child’s mother told law enforcement that she discovered 8-10 explicit photos on Mercer’s phone and confronted Mercer, after which a physical altercation ensued.
"This child predator took advantage of a young child at their most vulnerable time,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “Thanks to HSI special agents and the Jacksonville Sheriff’s Office, he will now be held accountable for his criminal actions.”
This case was investigated by Homeland Security Investigations and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Kelly S. Karase.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Illegal Alien Sentenced for Unlawful Possession of a Firearm Used in Fatal Shooting of His Minor Child and Unlawful Reentry into the United States After DeportationRead the Press Release
Memphis, TN –Argel Hernandez-Escobar, 33, last residing in Memphis, was sentenced to 60 months in federal prison for one count of possessing a firearm as an illegal alien and one count of illegally re-entering the United States. D. Michael Dunavant, United States Attorney announced the sentence today.
According to the information presented in court, on Sunday, September 30, 2018, at approximately 3 p.m., Memphis Police officers responded to a 911 call from a woman who said her son had been accidentally shot by the son’s father (later identified as Mr. Hernandez-Escobar) at their residence in Memphis, Tennessee.
Responding officers found Hernandez-Escobar on the front porch with a gunshot wound to his leg. Officers also found a 3-year-old male victim on the porch with a gunshot wound to his chest. A Mini Draco 7.62X39mm caliber pistol and a high capacity magazine were located near the front porch. Officers determined that Hernandez-Escobar had accidentally shot himself in the leg and the bullet struck his 3-year-old son who was playing nearby.
The child was transported to LeBonheur but later succumbed to his injuries. Hernandez-Escobar was transported to Regional One Medical Center. Hernandez-Escobar later gave a statement and admitted to possessing the Draco firearm with 30 round clip on his lap and stated that it accidentally went off, hitting himself in the leg and also striking his son. He stated the reason he had his firearm outside on his porch was because he was concerned about some unknown individual walking up and down in front of his house. A witness stated that Hernandez-Escobar had been drinking alcohol prior to the shooting.
Further investigation revealed Hernandez-Escobar is a citizen of Mexico and he did not have lawful status to be or remain in the United States. Specifically, it was determined that Hernandez-Escobar had the following history:
• On October 15, 2009, he was apprehended by Border Patrol Agents and served with an order of Expedited Removal and removed to Mexico the same day.
• On March 28, 2013, Hernandez-Escobar was apprehended by ICE agents in Memphis, and served a Notice of Intent to Reinstate Prior Order of Removal.
• On April 13, 2013, he was again removed to Mexico.
• On July 11, 2013, Hernandez-Escobar was apprehended by Border Patrol Agents in Texas and again served with a Notice of Intent to Reinstate Prior Order of Removal and other documents, which advised him that he was prohibited from entering or being in the United States for a period of 20 years.
• On July 16, 2013, he was convicted of illegal entry in the Western District of Texas.
• On August 9, 2013, he was again removed to Mexico.
• On September 30, 2018, he was again found to be unlawfully present in the United States after deportation.
A search of the relevant immigration records reflect that the defendant never obtained the consent or permission of the Secretary of the Department of Homeland Security to reenter into the United States, and was therefore charged with violation of 8 U.S.C. 1326(a). As a result of his illegal alien status, Hernandez-Escobar is prohibited by federal law from possession of a firearm or ammunition, and was therefore charged with a violation of 18 U.S.C. 922(g)(5). In May 2020, Hernandez-Escobar pled guilty as charged to the federal charges.
On October 23, 2020, U.S. District Court Judge Jon P. McCalla sentenced Hernandez- Escobar to 60 months in federal prison followed by two years of supervised release. There is no parole in the federal system. Hernandez-Escobar awaits trial in Shelby County Criminal Court for state charges of Reckless Homicide and Aggravated Child Abuse. Following his ultimate release from federal and state custody, Hernandez-Escobar will again be subject to deportation and removal from the United States.
U.S. Attorney D. Michael Dunavant said, "Criminal aliens not only threaten the sovereignty of our nation, but also threaten the safety of our communities. Keeping guns out of the hands of presumptively risky people who are difficult to track and who have an interest in eluding law enforcement serves the public safety objectives and Congressional intent of federal firearms laws. The U.S. Attorney’s Office has prioritized and renewed our commitment to immigration enforcement, and this case demonstrates our focus on those criminal aliens who continue to illegally reenter and violate our laws after deportation.
We will aggressively and unapologetically enforce U.S. immigration laws and federal firearms statutes, and seek stiff penalties against those who violate them."
The Department of Homeland Security - Border Enforcement Security Task Force in conjunction with the Memphis Police Department investigated this case.
Assistant U.S. Attorney Stephen Hall prosecuted this case on behalf of the government.
###
Illegal Alien Sentenced for Possession of FirearmRead the Press Release
LAFAYETTE, La. – Melvin Yovanni Maradiaga-Leinus a/k/a “Melvin Lainez,” 39, a native and citizen of Honduras, was sentenced for illegally possessing a firearm, Acting United States Attorney Alexander C. Van Hook announced. United States District Judge Robert R. Summerhays sentenced Maradiaga-Leinus to 24 months in prison. Upon completion of his sentence, Maradiaga-Leinus will be remanded to the custody of the Bureau of Immigration and Customs Enforcement for removal proceedings.
The charges stem from a complaint received by the Lafayette Police Department on February 8, 2020 about two Hispanic males discharging a firearm. As a Lafayette Police Department officer was searching the area on foot, he observed another individual walking down the street and requested that the individual walk toward him. The suspect removed his shirt and a black handgun fell out. The law enforcement officer drew his weapon and the suspect picked up the firearm, at which point the officer discharged four shots at him, all of which missed. The suspect, who was later identified as Maradiaga-Leinus, was ordered to lie on the pavement and he complied. Officers approached Maradiaga-Leinus and he was found to be extremely intoxicated. He was arrested for possession of the firearm. Under federal law, it is unlawful for a person who is illegally in the United States to possess a firearm.
The Department of Homeland Security – Bureau of Immigration and Customs Enforcement and Lafayette Police Department conducted the investigation. Assistant U.S. Attorney David J. Ayo prosecuted the case.
# # #
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Holistic Wellness Business Founder Charged in Ponzi SchemeRead the Press Release
NASHVILLE, Tenn. – October 26, 2020 – The founder of a Nashville, Tennessee-based holistic wellness business was charged Friday with operating a Ponzi scheme, in which he duped dozens of patients, financial institutions and investors out of nearly $700,000, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Howard L. Young, 75, of Nashville, was charged in a criminal Information with four counts of bank fraud; six counts of wire fraud; and aggravated identity theft.
The charging documents allege that in 2015, Young founded Integrative Medical Services (IMS), purportedly a holistic wellness business. Young also held himself out to hold a Doctor of Naturopathy but did not hold a Medical Doctorate and did not have a medical license.
As early as 2017, Young began soliciting cancer patients, investors and employees, telling them that he had obtained a $2 million grant from Vanderbilt University to study cancer patients and other patients with chronic medical conditions. Young claimed he was awarded this grant because he had cured himself of cancer using naturopathic methods. Young also promised that, as part of the study, patients would receive nutritional supplements, blood testing, nutrition and exercise coaching, gym memberships, massages, and acupuncture.
In order to participate in the study, Young told patients that Vanderbilt required an up-front payment of $10,000 but the funds would be returned to them at the conclusion of one year. If patients could not afford to pay the upfront money, they were required to secure a CareCredit credit card or open a Health Credit Services account. Each of these products is designed to assist patients in paying for medical treatments and functions like a revolving line of credit or an unsecured installment loan and requires the patient to make monthly installment payments. Young promised patients that he would hold the initial funds withdrawn in escrow and would make all monthly payments and would pay off all existing balances at the conclusion of one year, so long as the patient continued to abide by all study protocols.
In fact, Vanderbilt had not awarded any grants to Young or IMS. Young’s representations that IMS had a grant from Vanderbilt were false and was intended to induce patients to apply for and obtain credit and loan accounts at Synchrony Bank, MetaBank, and Cross River Bank; to induce investors to give him funds for his fraudulent scheme; and to induce employees to help him solicit additional patients to participate in his fraudulent scheme.
Young did not hold the money in escrow as he promised and withdrew a portion of the funds for his own personal use, made payments to his personal credit cards, and made minimum payments on account holders’ credit accounts and loan accounts. Patients did not routinely receive the nutritional supplements promised by Young, nor did they receive nutrition and exercise coaching, gym memberships, massages, or acupuncture as promised. To further conceal his scheme, Young also changed the mailing addresses for patients’ accounts at CareCredit and HCS so that the monthly account statements went to a post office box he controlled. Young made minimum payments on the CareCredit and HCS accounts to conceal the fraud and to keep his scheme going so that he could recruit additional patients to participate in the fictitious grant study.
IMS generated little, if any, revenue. The vast majority of funds flowing into IMS were deposits from the CareCredit credit accounts and the HCS loan accounts. By July 2019, Young had received a total of approximately $669,470 from CareCredit and HCS.
If convicted, Young faces up to 30 years in prison and a $1 million fine.
This case was investigated by the FBI. Assistant U.S. Attorney Kathryn W. Booth is prosecuting the case.
A criminal Information is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
# # # # #
Hillsboro Oregon Resident Charged with Assaulting a Deputized Portland Police OfficerRead the Press Release
PORTLAND, Ore.—U.S. Attorney Billy J. Williams announced today that a Hillsboro, Oregon, resident has been charged with assaulting a federally deputized Portland Police officer with the pointed end of an umbrella and interfering with law enforcement officers performing their official duties during a civil disorder event.
A federal grand jury in Portland has returned a two-count indictment charging Skyler Roy Rider, 18, with Civil Disorder and Assaulting a Federal Officer.
According to court documents, late on the evening of October 6, 2020 and into October 7, a crowd gathered and a march began at Elizabeth Caruthers Park located in the 3500 block of South Moody Avenue. The group walked to the U.S. Immigration and Customs Enforcement (ICE) building on South Macadam Avenue. Portland Police Bureau (PPB) officers observed many in the crowd carrying shields, wearing helmets, gas masks, and body armor. As the group marched towards the ICE building, support vehicles followed them as they blocked streets.
As the crowd arrived at the ICE building, people in the crowd were observed flashing lights in the eyes of Federal Protection Service (FPS) officers as they stood outside the ICE building. People in the crowd were observed throwing rocks at the FPS officers and at one point, someone in the crowd threw a flaming object onto the roof of the ICE building. Due to the criminal acts, FPS officers moved the crowd back towards Elizabeth Caruthers Park.
Later, the crowd again began marching towards the ICE building, blocking the streets. The PPB incident commander declared the event an unlawful assembly and the crowd was given multiple warnings over a loudspeaker to leave the area or face possible arrest, use of crowd control munitions to include tear gas. The crowd did not leave the area, but remained in the middle of the street. A PPB officer assigned to the Rapid Response Team, deputized as a U.S. Marshal to protect federal personnel and property during civil disorder events, observed a subject later identified as Skyler Roy Rider, holding a distinct blue and white umbrella, in a line of others blocking the street holding shields. The PPB officer determined there was probable cause to arrest Rider for disorderly conduct and interfering with a peace officer. As the officer approached Rider to arrest him, Rider lowered the umbrella with both hands and forcibly jabbed the officer in the chest with the pointed end of the umbrella. The force caused the officer to gasp and curl over in pain. Rider ran from the officer and other officers came to assist and placed Rider into custody for assaulting a public safety officer.
Following the arrest of Rider, he was found to be dressed in all black wearing a gas mask and body armor. In his pockets were two water bottles. Video was later viewed by the PPB officer showing Rider throwing a water bottle at FPS officers earlier in the evening.
Skyler Roy Rider, made an initial appearance in federal court today before a U.S. Magistrate Judge Jolie Russo, was arraigned, pleaded not guilty, and ordered released pending a two-day jury trial scheduled to begin on December 29, 2020.
The Portland Police Bureau and the FBI investigated this case. It is being prosecuted by Assistant U.S. Attorneys for the District of Oregon.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Gary Man Sentenced to 96 Months Imprisonment for Distribution of HeroinRead the Press Release
HAMMOND-Terrence Ballard, 60, of Gary, Indiana, was sentenced by U.S. District Court Judge Theresa L. Springmann to 96 months in prison following his guilty plea to distribution of heroin, announced U.S. Attorney Kirsch.
According to documents in the case, on April 24, 2019, and May 2, 2019, Ballard distributed heroin in Gary, Indiana, while on federal supervised release for a prior heroin distribution conviction. Ballard has four prior felony convictions, including two prior federal convictions for distribution of heroin, one prior conviction for dealing a controlled substance, and one prior conviction for carrying a firearm during a drug trafficking crime.
DEA Assistant Special Agent in Charge, Michael Gannon said, “The 8 year sentencing of Mr. Ballard was just and necessary for the fine citizens of Gary and our surrounding communities. Individuals like Mr. Ballard must be held accountable for their actions, especially when they are dealing debilitating drugs, such as heroin, while on federal supervised release. The DEA Merrillville Resident Office is committed to working with our other federal, state, and local partners to investigate and arrest drug traffickers and keep our communities safe. The DEA appreciates the exceptional work, by all involved, to bring Mr. Ballard to justice.”
This case is the result of the investigative efforts of the Drug Enforcement Administration/HIDTA Task Force. The case was prosecuted by Assistant U.S. Attorney Nicholas J. Padilla.
###
Fraudster Sentenced to 20 Years’ Imprisonment in Connection with Fraudulent Mortgage Debt Reduction SchemeRead the Press Release
HONOLULU, Hawaii –Anthony T. Williams, 49, of Pineville, Louisiana was sentenced today in federal court by U.S. District Judge Leslie E. Kobayashi to 240 months’ imprisonment for wire fraud and mail fraud in connection with a fraudulent mortgage relief scheme. A federal jury convicted Williams on March 3, 2020 of 32 counts of wire fraud and mail fraud after a four week trial.
Williams marketed a fraudulent mortgage debt reduction scheme to distressed homeowners, who were mostly non-native English speakers in the Filipino immigrant community in Hawaii. Williams created two companies, Mortgage Enterprise Investments (MEI) and Common Law Office of America (CLOA), neither of which was licensed to service or modify mortgages. Through MEI, Williams made conflicting promises to clients that he could eliminate their existing mortgage obligations to their lenders, or reduce their mortgage obligations by half. Through CLOA, Williams promised legal representation in mortgage-related litigation and foreclosure proceedings. To give himself the appearance of credibility, Williams told prospective clients he was a “private attorney general” and brandished an official-looking law enforcement badge and credentials, despite not having a law license or any affiliation with law enforcement.
Williams falsely promised victims that he could eliminate their existing home mortgage obligations by filing bogus documents with the Hawaii Bureau of Conveyances. These documents included new MEI mortgages and notes obligating homeowners to make monthly payments to MEI. Williams then advised homeowners to stop making their mortgage payments to their lenders and to pay him instead.
Between 2012 and 2015, Williams enlisted 112 victims in Hawaii into his MEI program and fraudulently obtained over $230,000 from his victims, without providing any legitimate services. Several victims testified at trial that they had relied upon Williams’s representations and went into foreclosure or bankruptcy. Two victims testified that they lost their homes as a result of Williams’s scheme.
“For several years, Anthony Williams actively preyed upon distressed homeowners within the Filipino community here in the State of Hawaii. His scheme financially devastated his victims, forcing some into bankruptcy and homelessness. As a result of this prosecution, Williams’s scheme has come to an end and Williams will be incarcerated for 20 years. My office will continue to protect the most vulnerable members of our community,” said U.S. Attorney Price.
“Williams knowingly targeted and preyed upon citizens of our Filipino community” said Eli Miranda, Special Agent in Charge of the FBI's Honolulu Division. “He took advantage of this vulnerable and in need population, delivering empty promises. He drained their finances leaving many penniless. The FBI cannot, and will not stand by. We will continue to maximize our efforts with partner agencies to bring these perpetrators to justice and hold them accountable for their crimes.”
In addition to a term of imprisonment, the Court also imposed three years of supervised release, and restitution. The Court’s sentence of imprisonment is to run consecutively to a fifteen-year sentence of imprisonment that another court had handed down earlier to Williams for similar fraudulent conduct in the State of Florida.
The investigation was led by the Federal Bureau of Investigation. Assistant U.S. Attorneys Kenneth M. Sorenson and Gregg Paris Yates handled the prosecution.
Four Individuals Charged in $200K Coast Guard Credentialing SchemeRead the Press Release
NORFOLK, Va. – Four individuals have been charged for their respective roles in a conspiracy to sell phony Coast Guard merchant mariner credentials in Norfolk.
According to allegations in the unsealed indictment, Lamont Godfrey, 42, of Portsmouth, Eugene Johnson, 45, of Norfolk, Shunmanique Willis, 43, of Texas, and Alonzo Williams, 45, of Louisiana, acted in concert to create counterfeit certificates from the Mid-Atlantic Maritime Academy (MAMA) and sell them to merchant mariners for a profit. The MAMA is a private state-of-the-art maritime training center, offering mariners over 100 U.S. Coast Guard approved deck and engineering courses needed for merchant mariners to hold various positions on merchant vessels. Godfrey worked for the MAMA as the school’s Chief Administrator.
According to the indictment, Godfrey used this position to create fake MAMA course certificates for mariners who had never taken the MAMA courses, in exchange for thousands of dollars in payments. The mariners would receive the fake certificates along with instructions on how to load them in the Coast Guard systems and be credited with a fraudulent Coast Guard qualification. Johnson, Willis, and Williams worked with Godfrey as brokers to find additional mariners willing to buy the fake certificates. In exchange for their efforts, Johnson, Willis, and Williams all received a cut of the illicit proceeds from the scheme. In total, the conspiracy netted over $200,000 in profits from the production of these counterfeit MAMA certificates and involved over 150 mariners purchasing fraudulent qualifications.
Godfrey, Johnson, Willis, and Williams are charged with conspiracy, mail fraud, wire fraud, and aggravated identity theft. If convicted, they face a mandatory minimum of two years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Marty J. Martinez, Special Agent in Charge, Coast Guard Investigative Service, Chesapeake Region, made the announcement.
Assistant U.S. Attorney Joseph L. Kosky is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:20-cr-95.
Feds Charge Postal Employee for Destroying MailRead the Press Release
LOUISVILLE, Ky. – A United States Postal Service employee has been charged for willfully obstructing the passage of mail, announced U.S. Attorney Russell Coleman.
“Especially in these times, Americans depend on the reliability and integrity of those that deliver the U.S. Mail,” said United States Attorney Russell Coleman. “Conduct by Postal employees that violates that duty will result in swift federal prosecution.”
DeShawn Bojgere, 30, of, Louisville, Kentucky, has been charged with the delay or destruction of mail, a federal crime under 18 United States Code 1703.
According to the criminal complaint, sometime between October 5 and October 15, 2020, Bojgere discarded a large quantity of mail. The mail, found in a construction dumpster on Galene Drive in Louisville, included approximately 111 general election absentee ballots from the Jefferson County Clerk’s Office being mailed to voters to be filled out. The dumped mail also included approximately 69 mixed class pieces of flat rate mail, 320 second class pieces of mail, and two national election campaign flyers from a political party in Florida. An analysis of the mail revealed it was from a single route for one scheduled delivery day.
Bojgere admitted to special agents with the U.S. Postal Service that he was responsible for discarding the mail in the construction dumpster. Bojgere is no longer employed by the postal service.
Copies of the mail were made to retain as evidence, while all of the recovered mail was placed back in the mail stream for delivery to its intended recipients.
If convicted at trial, he faces no more than 5 years in prison a $250,000 fine, and one year of supervised release after serving the sentence.
A federal complaint is a written statement of the essential facts of the offense charged and must be made under oath before a United States Magistrate Judge. The charge set forth in a complaint is merely an accusation and the defendant is presumed innocent until proven guilty.
The case is being prosecuted by Assistant United States Attorneys Chris Tieke and Tom Dyke. The case is being investigated by the United States Postal Service Office of the Inspector General.
####
Federal Inmate Sentenced to 15 More Months for Conspiring to Distribute K2 Controlled SubstancesRead the Press Release
PITTSBURGH – Brandon Massie was sentenced to 15 months in prison for conspiring to distribute K2 controlled substances (Schedule I synthetic cannabinoids) while serving a federal prison sentence in 2017, United States Attorney Scott W. Brady announced today.
Massie, age 35, formerly of Pittsburgh, was sentenced by United States District Judge J. Nicholas Ranjan. Judge Ranjan directed that the prison sentence be served consecutively to the prison sentence Massie was serving at the time of the crime. Judge Ranjan also directed that Massie serve six years of supervised release following his prison sentence.
Massie was incarcerated at the federal prison in Loretto, Pennsylvania, when he conspired to distribute K2 controlled substances (Schedule I synthetic cannabinoids). He was serving a prison sentence at that time for conspiring to distribute at least one kilogram of heroin.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Drug Enforcement Administration, the Internal Revenue Service, the Federal Bureau of Prisons, and the Pennsylvania Office of Attorney General led the multi-agency investigation that also included the United States Postal Inspection Service, the Beaver County District Attorney’s Office, the Department of Homeland Security/Homeland Security Investigations, the Pittsburgh Police Department, the United States Marshals Service, the Pennsylvania State Police, the Munhall Police Department, the Robinson Township Police Department, the McKees Rocks Police Department, the Stowe Township Police Department, the Etna Police Department, and the Erie County District Attorney’s Office.
This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.
El Cajon “Pill Mill” Doctor Sentenced to 18 Months in Prison for Causing the Illegal Distribution of OpioidsRead the Press Release
Assistant U. S. Attorneys Larry Casper (619) 546-6734 and Victor White (619) 546-8439
SAN DIEGO – Egisto Salerno, M.D., a San Diego resident, was sentenced to 18 months in custody by U.S. District Judge Cynthia Ann Bashant for causing the illegal distribution of an opioid pain medication commonly known as Norco or Vicodin.
Salerno, whose medical practice was located on El Cajon Boulevard, pleaded guilty in January, admitting that he signed prescriptions for 78,544 pills that lacked a legitimate medical purpose and were outside the usual course of professional medical practice.
“This defendant ignored and defied his medical obligation to his patients, his duty to the practice of medicine and his duty to the community,” Assistant U.S. Attorney Larry Casper said during today’s hearing. “The defendant committed this federal crime in the midst of an opioid crisis in this country. And he admittedly abused his position of trust.”
“Corrupt doctors who blatantly ignore their medical oath and the best interests of their patients to illegally distribute opioids in the midst of a nationwide opioid crisis will face severe consequences” said U.S. Attorney Robert Brewer. “We will continue to battle this crisis on every front including zealously pursuing all who seek to profit from illegally distributing opioids whether or not they may have a medical degree.” Brewer praised prosecutors Larry Casper and Victor White and DEA agents for their efforts to achieve justice in this case.
“While the vast majority of doctors prescribe medications in compliance with federal laws, there will always be doctors like Egisto Salerno who seek profit over their patients’ best interests,” said DEA Special Agent in Charge John W. Callery. “DEA has a team dedicated to investigating those doctors who choose to violate their medical oath and illegally distribute opioids. DEA will bring these doctors to justice for their contribution to the growing opioid problem in our country.”
Through his plea agreement, Salerno also admitted that an undercover federal agent who visited Salerno’s office on six occasions received six hydrocodone prescriptions. In a separate instance, on a date when the undercover agent did not visit Salerno’s office and the doctor did not see him, Salerno acknowleged that a prescription was improperly issued by him in the name used by the undercover agent. After the prescription was issued, Salerno ginned up and signed a progress note in the “patient” chart for the purported visit that did not occur.
The prescription was then picked up by another as part of a larger scheme to divert these pills. That scheme involved two medical assistants in Salerno’s practice who falsified medical records and sold prescriptions that Salerno had pre-signed to a co-defendant though the “patients” identified on those prescriptions did not even see Salerno. In fact, as Salerno acknowledged, many of those in whose names these prescriptions were written were deceased or jailed at the time the prescriptions were written.
The pills were, in turn, diverted to the “capper” or patient recruiter, who also arranged to bring homeless and other individuals to Salerno’s office and paid them to secure these prescriptions from Salerno. Others assisted the patient recruiter by transporting the purported patients to Salerno’s office and then to pharmacies to pick up the pills. In turn, pills were sold in San Diego and delivered to a pharmacy in Mexico for cash.
As the plea documents show, the criminal activity occurred between November 2014 and February 2018. Seven other defendants have been convicted in this case including Salerno’s two medical assistants – April J. Cervantes and David D. Apple; the lead patient “recruiter” – Stephen Toney; and Toney’s associates – Shalina D. Latson, Lonnell Ligon, LaJuan D. Smith and Amber N. Grabau.
Defendant David D. Apple, one of Salerno’s medical assistants, will be sentenced on December 2, 2020.
DEFENDANT Case Number 18-cr-1405-BAS
Egisto Salerno, M.D. Age: 76 San Diego, California
SUMMARY OF CONVICTIONS
Egisto Salerno, M.D.
Distribution of Hydrocodone in violation of Title 21 U.S.C. Sec. 841(a)(1) and (b)(1)(C)
Maximum Penalties: Twenty years in prison and $1 million fine.
Prior Sentences Imposed
Stephen Toney, Sr.: Seventy four months in custody - Conspiracy to Possess With Intent to Distribute Hydrocodone in violation of 18 U.S.C.,Sec. 841(a)(1) and 846.
Amber Nicole Grabau: Twenty months in custody - Conspiracy to Possess With Intent to Distribute Hydrocodone, in violation of Title 18, U.S.C., Sec. 841(a)(1) and 846.
Lonell J. Ligon: Twenty four months custody - Conspiracy to Possess With Intent to Distribute Hydrocodone, in violation of Title 18, U.S.C., Sec. 841(a)(1) and 846.
Shalina D. Latson: Five years probation - Conspiracy to Possess With Intent to Distribute Hydrocodone, in violation of Title 18, U.S.C., Sec. 841(a)(1) and 846.
LaJuan D. Smith: Thirty seven months custody - Conspiracy to Possess With Intent to Distribute Hydrocodone, in violation of Title 18, U.S.C., Sec. 841(a)(1) and 846.
April J. Cervantes: Twenty four months custody - Conspiracy to Possess With Intent to Distribute Hydrocodone, in violation of Title 18, U.S.C., Sec. 841(a)(1) and 846.
Remaining to be Sentenced
David D. Apple Conspiracy to Possess With Intent to Distribute Hydrocodone in violation of Title 18, U.S.C., Sec. 841(a)(1) and 846.
INVESTIGATING AGENCY
Drug Enforcement Administration
Department of Justice Awards $400,000 Grant to Support Gun Prosecutor in NashvilleRead the Press Release
NASHVILLE, Tenn. – October 26, 2020 - U.S. Attorney Don Cochran today announced $400,000 in Department of Justice funding to hire a special prosecutor to try federal firearms cases originating in Nashville. The award supports violence reduction efforts as part of Operation Legend and other Department-led initiatives in cities across the country.
“Keeping its citizens safe is the primary responsibility of government,” said Attorney General William P. Barr. “Cities plagued by violent crime need the resources to tackle it, and these grant awards will help do that. On the enforcement side, Real Time Crime Centers will make policing more efficient and targeted; and on the prosecution side, Special Assistant U.S. Attorneys will help bring more federal firearms cases to justice.”
Attorney General Barr announced last week that the Department of Justice’s Office of Justice Programs is making up to $5.3 million available in grants to support Operation Legend sites nationwide. More than $1.3 million will fund special prosecutors who have been cross designated to try federal firearms cases originating in Albuquerque, New Mexico; Kansas City, Missouri; Memphis, Tennessee; and St. Louis, Missouri. In addition, these and other Legend cities will be eligible for grant funding to support Real Time Crime Centers. These centers are a considerable financial investment for any law enforcement agency. The funding being made available to each Legend city can assist police departments in purchasing critical equipment and paying overtime to keep these centers staffed around the clock.
“We are pleased to support the outstanding work being undertaken through Operation Legend to reduce violent crime by focusing on cases involving illegal firearms,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is pleased to make these resources available to support the brave crime-fighters who work so hard to deter violence and keep our communities safe.”
“Adding yet another prosecutor to our gun crime unit will expand our ability to pursue more dangerous criminals in the middle District,” said U.S. Attorney Cochran. “We are grateful for the support of Tennessee Attorney General Herbert Slatery, III and his willingness to become a partner in this violence reduction initiative.”
“We are pleased to partner with U.S. Attorney Don Cochran and the United States Attorney’s Office to protect the law abiding citizens of middle Tennessee. Many thanks to the U.S. Department of Justice for creating this opportunity and providing funding for an additional gun crimes prosecutor, said Tennessee Attorney General Herbert Slatery III.”
A grant to the Tennessee Office of Attorney General will support the hiring of a full-time local prosecutor who will be empowered to try firearms cases in federal court. Prosecuting gun crimes is central to the Justice Department’s strategy under Operation Legend and other violence reduction initiatives led by the Department. These efforts follow a sustained, systematic and coordinated approach to gun violence in which federal enforcement agencies work closely with state and local officials to fight violent crime. Funding comes from the Bureau of Justice Assistance, a component of the Justice Department’s Office of Justice Programs.
The Department of Justice launched Operation Legend in July, following the murder of four-year-old LeGend Taliferro, who was shot and killed while he slept in his Kansas City home. The initiative was subsequently expanded from Kansas City to Albuquerque, Chicago, Cleveland, Detroit, Memphis, Milwaukee, St. Louis and Indianapolis. Since the summer launch, officials in Operation Legend sites have made more than 5,500 arrests, including approximately 276 for homicide, and seized more than 2,000 firearms. Of the more than 5,500 individuals arrested, approximately 1,124 have been charged with federal offenses. More than 600 of those defendants have been charged with firearms offenses.
More information about OJP and its components can be found at www.ojp.gov.
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
# # # # #
Convicted Felon Sentenced to More Than Four Years in Federal Prison for Possession of A FirearmRead the Press Release
Ocala, FL – Senior United States District Judge John Antoon II has sentenced Malcolm Straughter (35, Ocala) to four years and six months in federal prison for possessing a firearm as a convicted felon. The Court also ordered Straughter to forfeit the firearm and any associated ammunition. Straughter had pleaded guilty on July 14, 2020.
According to court records, on March 19, 2020, an officer from the Ocala Police Department stopped Straughter in his vehicle for a traffic infraction. After the officer smelled the odor of marijuana coming from the vehicle, a search revealed six bags of marijuana, a scale, and a loaded 9mm firearm under Straughter’s seat. The firearm had an altered serial number and was later confirmed as stolen.
Straughter has prior state felony convictions for possession of a short-barreled shotgun, possession of cocaine, and robbery with a firearm and is therefore prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Ocala Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Tyrie Boyer.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.
Convicted Felon Sentenced to Almost Four Years in Federal Prison for Possession of A Firearm/AmmunitionRead the Press Release
Ocala, FL – Senior United States District Judge John Antoon II has sentenced Curtis Duncan (30, Ocala) to 46 months in federal prison for possessing a firearm and ammunition as a convicted felon. The Court also ordered Duncan to forfeit the firearm and ammunition. Duncan had pleaded guilty on July 14, 2020.
According to court records, on March 30, 2020, officers from the Ocala Police Department responded to a disturbance at an apartment complex. A victim told the officers that Duncan had brandished a firearm at her during an argument. The victim described the firearm and the vehicle that Duncan had been driving when he left the scene. A short time later, officers stopped Duncan in the same vehicle and recovered a loaded .380 caliber handgun from a bag that he had strapped around his torso.
Duncan has prior state felony convictions, including home invasion robbery, and is therefore prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Ocala Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Tyrie Boyer.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.
Construction Company Executive Pleads Guilty to Defrauding the New York City School Construction AuthorityRead the Press Release
Rakesh Kumar, the owner of Orba Construction Company (Orba), a public school construction company, pleaded guilty today in federal court in Brooklyn to conspiracy to commit mail fraud for orchestrating a scheme to defraud the New York City School Construction Authority (SCA) by failing to pay the prevailing wage to Orba’s construction workers. When sentenced, Kumar faces up to 20 years’ imprisonment and, as part of the plea agreement, has agreed to pay $666,219 in restitution to six Orba employees and their unions. Kumar has already begun the process of making his victims whole. Additionally, Kumar has agreed to forfeit $510,000 and pay an additional $48,330 to the SCA. Today’s plea was entered before United States District Judge Dora L. Irizarry.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, Michael Mikulka, Special Agent-in-Charge, U.S. Department of Labor, Office of the Inspector General (DOL-OIG), and Margaret Garnett, Commissioner, New York City Department of Investigation (DOI), announced the guilty plea.
As alleged in the indictment and other court filings, Kumar submitted false certified payrolls to the SCA for work performed by Orba employees on SCA-funded projects. These payroll forms falsely stated that Orba had paid its employees the prevailing wage as required by New York State labor law and labor agreements with the SCA, when, in fact, the employees had been paid far less, often in cash or by checks issued by another company that Kumar owned.
“Kumar took advantage of hard-working people, exploiting their labor for his own financial gain,” stated Acting United States Attorney DuCharme. “This Office and our law enforcement partners at the U.S. Department of Labor and the New York City Department of Investigation will continue to vigorously pursue criminals who cheat their own employees in order to enrich themselves.”
“Rakesh Kumar, through the company Orba Construction, submitted fraudulent certified payrolls on various publicly funded school projects in the New York City area. Orba Construction underpaid contributions to a union affiliated benefit plan by submitting false remittance reports. We will continue to work with our law enforcement partners to ensure workers are paid proper wages and receive benefits that they are entitled to for the work they perform,” stated DOL-OIG Special Agent-in-Charge Mikulka.
“For years the defendant cheated workers out of their rightful pay, stealing their livelihood through a series of falsified payroll records and underreported hours. DOI is proud to have worked with the U.S. Attorney for the Eastern District of New York to ensure Rakesh Kumar is held accountable for defrauding the New York City School Construction Authority and for taking advantage of the hardworking individuals on our City’s public works projects who deserve their fair prevailing wage,” stated DOI Commissioner Garnett.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorney Martin E. Coffey is in charge of the prosecution.
The Defendant:
RAKESH KUMAR (also known as “RIKKI”)
Age: 64
Basking Ridge, New JerseyE.D.N.Y. Docket No. 19-CR-101 (DLI)
Communities Asked to Participate in State’s 19th Annual Student Pledge Against Gun Violence This WeekRead the Press Release
Columbia, South Carolina ---- United States Attorney Peter M. McCoy, Jr. announced today that the United States Attorney’s Office (USAO) is asking community members, parents, and educators of South Carolina students to participate in South Carolina’s 19th Annual Student Pledge Against Gun Violence. The year’s Pledge runs from October 26 through October 30.
In light of the current COVID pandemic preventing the USAO from providing speakers to engage in dialogues with students about the need for them to stand up against violence in their schools, the USAO is asking parents, community members, and schools to have a dialogue with children to make sure they know the steps to keep themselves and others safe. Sample pledges are attached to provide talking points for this dialogue depending upon the age of the child. With a focus on keeping schools and communities safe, students in middle school and high school are asked to pledge that they will never take a gun to school, will never resolve a dispute with a gun, and will use their influence to prevent friends from using guns to resolve disputes. Elementary school children are asked to pledge that if they see a gun they will not touch it, they will tell a teacher or a trusted adult, and they will assume that any gun they see might be loaded.
The Student Pledge Against Gun Violence is a national program that recognizes the role young people, through their own decisions, can play in reducing gun violence. The program provides a means for beginning the conversation with young people about gun violence and encourages important conversation among students about gun safety and respectful ways to resolve disputes. For additional information concerning the pledge and other resources, visit the national Student Pledge website at www.pledge.org.
Additionally, parents are reminded that many local law enforcement agencies have access to free gunlocks available to community members. These are provided to law enforcement, upon their request, by Project ChildSafe. Project ChildSafe is a nationwide program whose purpose is to promote safe firearms handling and storage practices among all firearms owners through the distribution of key safety education messages and free gun locking devices. For additional resources and information concerning gun safety, please visit https://projectchildsafe.org
This effort is part of Project Safe Neighborhoods (PSN), 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. More information about PSN is available at https://www.justice.gov/psn.
#####
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.
2020_gun_pledge_middle-high_school.pdf
2020_gun_pledge_elementary_school.pdf
Colorado Springs Man Sentenced for Threatening to Kill Federal Law Enforcement OfficersRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Timothy Hummel, age 26, of Colorado Springs, Colorado, was sentenced to time served, followed by 3 years on supervised release for threatening to murder federal law enforcement officers. Hummel appeared at the sentencing hearing remotely while free on bond. The Denver office of the FBI and the Federal Protective Service (FPS) joined in today’s announcement.
According to the stipulated facts contained in Hummel’s plea agreement, on August 14, 2019, Hummel repeatedly called the Denver Field Office of U.S. Immigration and Customs Enforcement (ICE) Enforcement Removal Operations (ERO), which is the directorate within ICE focused on arrests and removals of individuals living in the United States without authorization. Hummel left two voicemails minutes apart and shortly thereafter sent an email to the Denver ERO Outreach mailbox. In the voicemail and email, Hummel threatened to murder ICE agents and members of their families.
During the investigation it was determined that Hummel made the threats in order to scare ICE agents and cause them to use their resources reacting to the threats rather than doing their jobs. There was no evidence that Hummel took any steps toward an act of violence.
“There is perhaps a misperception by some that people can say anything they want over the Internet or the telephone with impunity. When somebody makes threatening statements, whether directed to a federal officer or any other person, those words are not protected speech and they can be prosecuted in federal court,” said U.S. Attorney Jason Dunn. “Mr. Hummel became a felon today because he believed that he could amplify his opposition to certain immigration policies by sending vicious threats against officers and their families. Others should learn from his mistake and remember that the First Amendment isn’t a license to threaten others with harm.”
“Threatening federal law enforcement officers is a serious crime,” said FBI Denver Special Agent in Charge Michael Schneider. “Today's sentencing of Timothy Hummel illustrates the FBI will relentlessly work with our law enforcement partners to actively investigate and pursue prosecution of those individuals who pose a threat to the safety of federal law enforcement officers.”
U.S. District Court Judge R. Brooke Jackson pronounced the sentence. Hummel had previously pleaded guilty on August 10, 2020, and was charged by indictment on March 11, 2020. This case was investigated by the Denver office of the FBI and the FPS. The defendant is being prosecuted by Assistant U.S. Attorney Julia Martinez.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 20-cr-087.
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.
Colorado Man Charged with Smuggling Cocaine into the United States through Newark AirportRead the Press Release
NEWARK, N.J. – A Colorado man will make his initial appearance today on charges that he smuggled approximately two kilograms of cocaine into the United States, U.S. Attorney Craig Carpenito announced.
Leandre Kemont Jefferson, 23, of Denver, Colorado, was arrested on Oct. 23, 2020. He is charged by complaint with one count of importation of controlled substances and is scheduled to appear by videoconference today before U.S. Magistrate Judge Leda Dunn Wettre.
According to documents filed in this case and statements made in court:
On Oct. 23, 2020, Jefferson arrived at Newark Liberty International Airport aboard a flight from Puerto Plata, Dominican Republic. During a screening, law enforcement officers discovered that Jefferson possessed approximately two kilograms of cocaine concealed inside of 12 vacuum packed bags, which were themselves wrapped in foil, and which was further concealed inside of clothing.
The count with which Jefferson is charged carries a mandatory minimum penalty of five years in prison, a potential maximum penalty of 40 years in prison, and a $5 million fine.
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 officers of U.S. Customs and Border Protection, under the direction of Troy Miller, director of Field Operations, New York Field Office, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Sean M. Sherman of the Criminal Division in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendants is presumed innocent unless and until proven guilty.
20-381
Defense counsel: Peter Carter Esq., Assistant Federal Public Defender, Newark
Bullitt Co. Woman Sentenced to 94 Months in Prison for Embezzlement, Identity Theft, and Tax FraudRead the Press Release
LOUISVILLE, Ky. – Candi Fluhr, 44, has been sentenced to a total of 94 months’ imprisonment by U.S. District Court Judge Rebecca Grady Jennings followed by a 3 year term of supervised release for wire fraud, aggravated identity theft, theft from an employee benefit plan, and filing false tax returns, announced United States Attorney Russell Coleman. She was also ordered to pay $838,804 in restitution between four victims.
“This is a clear-cut example of what happens when talented investigators from multiple agencies collaborate with talented prosecutors: thieves do real time in federal prison,” said U.S. Attorney Russell Coleman.
“Criminal acts of this nature are detrimental to hardworking Americans and retirees who desperately need and rely upon their retirement benefits,” said Joe Rivers, Department of Labor Benefits Security Administration Regional Director, Cincinnati Regional Office.
“Candi Fluhr not only defrauded her employer in her scheme but defrauded the IRS through the filing of false tax returns resulting in a tax loss of over $150,000.” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
Fluhr pled guilty to four counts of wire fraud, one count of aggravated identity theft, one count of theft from an employee benefit plan, and two counts of filing a false tax return. She was sentenced to 70 months’ imprisonment on 7 of the counts plus 24 months’ consecutive on the aggravated identity theft conviction.
According to a sentencing memo before the Court, Fluhr personally engaged in a nearly two-year scheme to steal over $630,000 from Meyer Plumbing and its employees’ 401(k) plan. Between May 2016 and January 2018, Fluhr stole from Meyer Plumbing by forging signatures, including the signature of C.J., on company checks, creating fake checks with the company’s bank account information, making unauthorized cash withdrawals via company debit and ATM cards, and making unauthorized debit card and eTransactions using company funds for her personal benefit, including paying Court ordered restitution stemming from a prior state conviction. Fluhr also caused fraudulent payments to be made from Meyer Plumbing to Anthem Insurance company in order to obtain and maintain health care coverage for herself and her family, without actually paying any of the required employee premiums (to the tune of over $15,000 in loss to the company). By means of the fraudulent scheme, Fluhr attempted to obtain and obtained funds and services to which she knew she was not entitled totaling approximately $756,703. After her fraud was discovered, Fluhr repaid certain funds to Meyer Plumbing in 2017, in an amount of approximately $26,800, and some charges were reversed by the bank.
In addition to the straight embezzlements from the company, Fluhr also stole funds intended for Meyer Plumbing’s 401(k) Plan, an employee pension benefit plan covered by ERISA, by doctoring company bank account statements to make it appear that funds were withdrawn from the company account and moved to an American Fund account for deposits into the Plan on behalf of employees when, in fact, she left those funds in the company bank account in order to embezzle them for her own benefit. Through this method, Fluhr stole $31,882 of Plan assets intended for employees and submitted false and fraudulent documents to conceal her theft.
After her embezzlement was discovered and she was fired from Meyer Plumbing, Fluhr was hired at JLM Services (“JLM”) in mid-2019. As office manager at JLM, Fluhr had access to the company’s financial information. Using that access, Fluhr quickly began to steal again in much the same manner as she did at Meyer Plumbing. Among other methods, Fluhr embezzled funds from JLM by using the access she had to JLM’s Quickbook account to schedule payroll payments to former and fictitious employees and then rerouting the funds to a Green Dot prepaid debit card she accessed. Fluhr also stole from the company by making personal purchases on a JLM checking account and credit card and the credit card of the owner of JLM without authorization. In total, Fluhr stole $39,749 from JLM through these means before her scheme was detected.
During her time between work at Meyer Plumbing and JLM, Fluhr created and presented multiple fraudulent checks to PLS Check Cashing (“PLS”). Only one of those checks, presented in April 2018, ultimately resulted in a loss to PLS. Fluhr presented check numbered 706190201 to the customer service representative at PLS and negotiated the check for $7,741.84. The check was subsequently found to be fraudulently created by Fluhr and resulted in a loss of $7,741.84 to PLS Check Cashing.
Finally, Fluhr stole from the IRS when she filed false tax returns in 2016 and 2017 without reporting her embezzled funds. On December 6, 2017, Fluhr made and subscribed a joint U.S. Individual Tax Return, for the calendar year 2016, which was verified by a written declaration that it was made under the penalties of perjury. Fluhr did not believe the return to be true and correct as to every material matter in that the return failed to report approximately $210,678 in embezzled income on Form 1040A, reporting instead only $23,664 in income. On February 25, 2018, Fluhr made and subscribed a joint U.S. Individual Tax Return, for the calendar year 2017, which was verified by a written declaration that it was made under the penalties of perjury. Fluhr did not believe the return to be true and correct as to every material matter in that the return failed to report approximately $438,367 in embezzled income on Form 1040A, reporting instead only $23,723 in income. As a result of filing false tax returns for calendar years 2016 and 2017 in which she failed to report a total of $649,044 in embezzled funds she received, Fluhr admitted in the plea agreement that there is a total criminal tax loss of $158,270.
Fluhr has been and will remain in custody pending transfer to the Bureau of Prisons.
The case was prosecuted by Assistant United States Attorneys Chris Tieke and Stephanie Zimdahl. The investigation was conducted by the Internal Revenue Service, Department of Labor, and United States Secret Service.
####
Bakersfield Woman Indicted on Drug and Gun ChargesRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Amy Campos, 37, of Bakersfield, charging her with possession with intent to distribute methamphetamine and being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on July 28, 2019, Campos possessed a Glock 27 .40 caliber semi-automatic handgun. Additionally, on Feb. 15, she possessed in excess of 50 grams of methamphetamine. Campos suffered two prior convictions for possession for sale of a controlled substance, one prior conviction for possession for sale of a narcotic, two prior convictions for felon in possession of a firearm, one prior conviction for felon in possession of ammunition, and one prior conviction for second degree burglary. These prior convictions prohibited Campos from possessing either a firearm or ammunition.
This case is the product of an investigation by the Bakersfield Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Laura Jean Berger is prosecuting the case.
If convicted, Campos faces a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Albany Felon Sentenced to 46 Months for Unlawful Firearm PossessionRead the Press Release
ALBANY, NEW YORK – Luis Rivera, age 34, of Albany, was sentenced today to 46 months in prison for unlawfully possessing a firearm as a felon.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and John B. DeVito, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Rivera, who has three prior felony convictions, previously admitted that on January 31, 2019, he possessed a Taurus PT 738 .380 caliber pistol.
United States District Judge Mae A. D’Agostino also imposed a 3-year term of supervised release, to begin after Rivera’s release from prison.
This case was investigated by the ATF and prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
Akron Man Pleads Guilty to Involvement in Akron to West Virginia Meth ConspiracyRead the Press Release
HUNTINGTON W.Va. – United States Attorney Mike Stuart announced today that an Akron, Ohio man who participated in a conspiracy which saw large quantities of methamphetamine transported from Akron and distributed across the Southern District of West Virginia pled guilty today to a federal drug charge. Jordan Dewayne Jeffrey, 24, entered a guilty plea to conspiracy to distribute 50 grams or more of methamphetamine.
“This is teamwork,” said United States Attorney Mike Stuart. “We are shutting down drug conspiracies like this one as a result of federal, state and local law enforcement agencies working together, both within and beyond state lines. We will disrupt the flow of drugs into West Virginia from Akron and elsewhere.”
Jeffrey admitted that between the fall of 2018, and May of 2019, he participated in a conspiracy with multiple individuals to distribute methamphetamine in the Southern District of West Virginia. During the conspiracy, large quantities of methamphetamine were transported from Akron to the Huntington area for distribution. Jeffrey stayed at a residence located at 1235 25th Street in Huntington where the methamphetamine would be stored upon arrival in Huntington. Jeffrey admitted that when customers contacted members of the conspiracy, he would meet the customers at various locations in Huntington and Charleston to deliver the methamphetamine. For example, Jeffrey admitted that on May 20, 2019, he delivered approximately one pound of methamphetamine to a customer in Charleston after the customer contacted another member of the conspiracy and arranged the transaction.
Jeffrey faces 5 to 40 years in federal prison when he is sentenced on January 25, 2021.
This joint investigation was spearheaded by the Federal Bureau of Investigation (FBI). Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-00245.
Follow us on Twitter: SDWVNews and USAttyStuart
###
25 October 2020
Statement from United States Attorney Andrew E. Lelling & FBI Special Agent in Charge Joseph R. BonavolontaRead the Press Release
“Today the Massachusetts Secretary of State’s Office made us aware of the attempted ballot box arson that occurred overnight in Boston. Federal authorities are now investigating this matter. For the next several weeks, it is a top priority of our offices to help maintain the integrity of the election process in Massachusetts by aggressively enforcing federal election laws.
Voters in Massachusetts can feel confident in the success of the information sharing protocols that we have established with our local, state and federal election security partners in advance of the 2020 election.
We remain fully committed to working with these partners to protect our communities as Americans exercise their right to vote. Help from the public is also vital to our effort. We encourage members of the public to remain vigilant and immediately report any suspicious, election-related activity to us.”
Sioux Falls Man Indicted for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Reno Chadwick Roubideaux, age 46, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Roubideaux was convicted of Aggravated Sexual Abuse of a Minor in June 1994. As a result of the conviction, he is required to register as a sex offender. The Indictment alleges between August 8, 2020, and September 14, 2020, Roubideaux, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely an accusation and Roubideaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Michael Elmore is prosecuting the case.
Roubideaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rosebud Man Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter.
Robert Stands And Looks Back, a/k/a Robert Stands, Jr., age 45, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 25, 2020, in Todd County, South Dakota, Stands And Looks Back killed a man by operating a motor vehicle in a grossly negligent manner.
The charge is merely an accusation and Stands And Looks Back is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Stands And Looks Back was released on bond pending trial. A trial date has not been set.
Rosebud Man Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter.
Emanuel Marcus Crow Dog-Luxon, age 22, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to eight years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 24, 2020, in Todd County, South Dakota, Crow Dog-Luxon killed a woman by operating a motor vehicle in a grossly negligent manner.
The charge is merely an accusation and Crow Dog-Luxon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael Elmore is prosecuting the case.
Crow Dog-Luxon was released on bond pending trial. A trial date has not been set.
Rapid City Man Indicted for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Calvin Spotted Tail, age 30, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Spotted Tail was convicted of Sexual Abuse in December 2005. As a result of the conviction, he is required to register as a sex offender. The Indictment alleges that between June 18, 2020, and September 25, 2020, Spotted Tail, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender.
The charge is merely an accusation and Spotted Tail is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Spotted Tail was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Woman Indicted on Assault ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Assault With a Dangerous Weapon.
Julia Larae Swift Hawk, age 25, was indicted on October 14, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 14, 2020, Swift Hawk assaulted two individuals with a sharp edged instrument following a verbal confrontation.
The charge is merely an accusation and Swift Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Swift Hawk was released on bond pending trial. A trial date has not been set.
McLaughlin Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on October 19, 2020, by U.S. District Judge Charles B. Kornmann.
Amos Talks, age 26, was sentenced to 42 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Talks was indicted by a federal grand jury on August 13, 2019. He pled guilty on July 27, 2020.
The conviction stemmed from an incident on June 21, 2018, in McLaughlin, when law enforcement was called to a residence where Talks was highly-intoxicated. When law enforcement arrived, Talks refused to comply with law enforcement, resisted arrest, and a physical altercation commenced, resulting in Talks kicking the officer in the thighs and groin, charging and hitting the officer, and biting the officer’s hand, arm, and knuckles.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency, and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirsten Jasper prosecuted the case.
Talks was immediately turned over to the custody of the U.S. Marshals Service.