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26 October 2020
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
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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.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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.
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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
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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.
Bullhead Man Sentenced for ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Bullhead, South Dakota, man convicted of Manslaughter was sentenced on October 19, 2020, by U.S. District Judge Charles B. Kornmann.
William Brown Otter, a/k/a Arby, age 38, was sentenced to 24 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.
Brown Otter was indicted by a federal grand jury on November 13, 2019. He pled guilty on June 22, 2020.
The conviction stemmed from an incident on October 25, 2019, in McLaughlin, when Brown Otter struck an individual in the face with his fist, causing the victim to land on his head on the concrete sidewalk. The victim died as a result of the injuries sustained to his head.
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.
Brown Otter was immediately turned over to the custody of the U.S. Marshals Service.
24 October 2020
Susanville Woman Sentenced to More Than Two Years in Prison for Bank Fraud and Related OffenseRead the Press Release
SAN FRANCISCO– Generose Casiano Yambao was sentenced to 27 months in prison for bank fraud and making false statements on a loan application in connection with a scheme to defraud a Santa Rosa credit union, announced United States Attorney David L. Anderson and FBI Special Agent in Charge John F. Bennett. The sentence was handed down by the Honorable Charles R. Breyer, U.S. District Judge.
Yambao, 41, of Susanville, California, pleaded guilty to the charges on October 21, 2020. According to her plea agreement, Yambao admitted that on March 27, 2017, she mailed a Member Business Loan Application to a credit union in Santa Rosa, Calif., attempting to obtain a $49,500 loan for an existing company. The application was made in the name of one company that purportedly was doing business under the name of another company. Yambao represented that she was the managing partner and co-owner of one of the companies, however, she did not have authorization or permission to act on behalf of either company. Documents filed in the case by the government establish that the credit union detected that the application was fraudulent after discovering that it was mailed from a county jail where Yambao was serving a sentence for a prior offense.
A federal grand jury indicted Yambao on August 29, 2019, charging her with one count each of bank fraud, in violation of 18 U.S.C. § 1344(1); making a false statement on a loan and credit application, in violation of 18 U.S.C. § 1014; and aggravated identity theft, in violation of 18 U.S.C. § 1028A. Yambao pleaded guilty to the first two counts.
In addition to the prison term, Judge Breyer also ordered Yambao to serve three years of supervised release, to begin after the prison term ends. Judge Breyer ordered Yambao to surrender to the Bureau of Prisons on or before February 15, 2021, to begin serving her prison term.
Assistant U.S. Attorney Daniel Pastor is prosecuting the case with the assistance of Marina Ponomarchuk. The prosecution is the result of an investigation by the FBI with assistance from the Contra Costa County Sheriff’s Office.
Justice Department Announces Global Resolution of Criminal and Civil Investigations with Opioid Manufacturer Purdue Pharma and Civil Settlement with Members of the Sackler FamilyRead the Press Release
WASHINGTON – This week, the Department of Justice announced a global resolution of its criminal and civil investigations into the opioid manufacturer Purdue Pharma LP (Purdue), and a civil resolution of its civil investigation into individual shareholders from the Sackler family. The resolutions with Purdue are subject to the approval of the bankruptcy court.
“The abuse and diversion of prescription opioids has contributed to a national tragedy of addiction and deaths, in addition to those caused by illicit street opioids,” said Deputy Attorney General Jeffrey A. Rosen. “With criminal guilty pleas, a federal settlement of more than $8 billion, and the dissolution of a company and repurposing its assets entirely for the public’s benefit, the resolution in this week’s announcement re-affirms that the Department of Justice will not relent in its multi-pronged efforts to combat the opioids crisis.”
“This resolution is the result of years of hard work by the FBI and its partners to combat the opioid crisis in the U.S.,” said Steven M. D’Antuono, Assistant Director in Charge of the FBI Washington Field Office. “Purdue, through greed and violation of the law, prioritized money over the health and well-being of patients. The FBI remains committed to holding companies accountable for their illegal and inexcusable activity and to seeking justice, on behalf of the victims, for those who contributed to the opioid crisis.”
“The opioid epidemic remains a significant public health challenge that impacts the lives of men and women across the country,” said Gary L. Cantrell Deputy Inspector General for Investigations at the U.S. Department of Health and Human Services’ Office of Inspector General. “Unfortunately, Purdue’s reckless actions and violation of the law senselessly risked patients’ health and well-being. With our law enforcement partners, we will continue to combat the opioid crisis, including holding the pharmaceutical industry and its executives accountable.”
“This resolution closes a particularly sad chapter in the ongoing battle against opioid addiction,” said Drug Enforcement Administration (DEA) Assistant Administrator Tim McDermott. “Purdue Pharma actively thwarted the United States’ efforts to ensure compliance and prevent diversion. The devastating ripple effect of Purdue’s actions left lives lost and others addicted. DEA will continue to work tirelessly with our partners and the pharmaceutical industry to address the damage that has been done, and bring an end to this epidemic that has gripped the nation for far too long.”
Purdue Pharma has agreed to plead guilty in federal court in New Jersey to a three-count felony information charging it with one count of dual-object conspiracy to defraud the United States and to violate the Food, Drug, and Cosmetic Act, and two counts of conspiracy to violate the Federal Anti-Kickback Statute. The criminal resolution includes the largest penalties ever levied against a pharmaceutical manufacturer, including a criminal fine of $3.544 billion and an additional $2 billion in criminal forfeiture. For the $2 billion forfeiture, the company will pay $225 million on the effective date of the bankruptcy, and, as further explained below, the department is willing to credit the value conferred by the company to State and local governments under the department’s anti-piling on and coordination policy. Purdue has also agreed to a civil settlement in the amount of $2.8 billion to resolve its civil liability under the False Claims Act. Separately, the Sackler family has agreed to pay $225 million in damages to resolve its civil False Claims Act liability.
The resolutions do not include the criminal release of any individuals, including members of the Sackler family, nor are any of the company’s executives or employees receiving civil releases.
While the global resolution with the company is subject to approval by the bankruptcy court in the Southern District of New York, one important condition in the resolution is that the company would cease to operate in its current form and would instead emerge from bankruptcy as a public benefit company (PBC) owned by a trust or similar entity designed for the benefit of the American public, to function entirely in the public interest. Indeed, not only will the PBC endeavor to deliver legitimate prescription drugs in a manner as safe as possible, but it will aim to donate, or provide steep discounts for, life-saving overdose rescue drugs and medically assisted treatment medications to communities, and the proceeds of the trust will be directed toward State and local opioid abatement programs. Based on the value that would be conferred to State and local governments through the PBC, the department is willing to credit up to $1.775 billion against the agreed $2 billion forfeiture amount. The department looks forward to working with the creditor groups in the bankruptcy in charting the path forward for this PBC so that its public health goals can be best accomplished.
The Criminal Pleas
As part of the plea, Purdue will admit that from May 2007 through at least March 2017, Purdue conspired to defraud the United States by impeding the lawful function of the DEA by representing to the DEA that Purdue maintained an effective anti-diversion program when, in fact, Purdue continued to market its opioid products to more than 100 health care providers whom the company had good reason to believe were diverting opioids and by reporting misleading information to the DEA to boost Purdue’s manufacturing quotas. The misleading information comprised prescription data that included prescriptions written by doctors that Purdue had good reason to believe were engaged in diversion. The conspiracy also involved aiding and abetting violations of the Food, Drug, and Cosmetic Act by facilitating the dispensing of its opioid products, including OxyContin, without a legitimate medical purpose, and thus without lawful prescriptions.
In addition, Purdue will admit to conspiring to violate the Federal Anti-Kickback Statute. Between June 2009 and March 2017, Purdue made payments to two doctors through Purdue’s doctor speaker program to induce those doctors to write more prescriptions of Purdue’s opioid products. Similarly, from approximately April 2016 through December 2016, Purdue made payments to Practice Fusion Inc., an electronic health records company, in exchange for referring, recommending, and arranging for the ordering of Purdue’s extended release opioid products – OxyContin, Butrans, and Hysingla.
The Civil Settlements
The department’s civil settlements resolve the United States’ claims as to both Purdue and its individual shareholders, members of the Sackler family.
The civil settlement with Purdue provides the United States with an allowed, unsubordinated, general unsecured bankruptcy claim for recovery of $2.8 billion. This settlement resolves allegations that from 2010 to 2018, Purdue caused false claims to be submitted to federal health care programs, specifically Medicare, Medicaid, TRICARE, the Federal Employees Health Benefits Program, and the Indian Health Service. The government alleged that Purdue promoted its opioid drugs to health care providers it knew were prescribing opioids for uses that were unsafe, ineffective, and medically unnecessary, and that often led to abuse and diversion. For example, Purdue learned that one doctor was known by patients as “the Candyman” and was prescribing “crazy dosing of OxyContin,” yet Purdue had sales representatives meet with the doctor more than 300 times. It also resolves the government’s allegations that Purdue engaged in three different kickback schemes to induce prescriptions of its opioids. First, Purdue paid certain doctors ostensibly to provide educational talks to other health care professionals and serve as consultants, but in reality to induce them to prescribe more OxyContin. Second, Purdue paid kickbacks to Practice Fusion, as described above. Third, Purdue entered into contracts with certain specialty pharmacies to fill prescriptions for Purdue’s opioid drugs that other pharmacies had rejected as potentially lacking medical necessity.
Under a separate civil settlement, individual members of the Sackler family will pay the United States $225 million arising from the alleged conduct of Dr. Richard Sackler, David Sackler, Mortimer D.A. Sackler, Dr. Kathe Sackler, and Jonathan Sackler (the Named Sacklers). This settlement resolves allegations that, in 2012, the Named Sacklers knew that the legitimate market for Purdue’s opioids had contracted. Nevertheless, they requested that Purdue executives recapture lost sales and increase Purdue’s share of the opioid market. The Named Sacklers then approved a new marketing program beginning in 2013 called “Evolve to Excellence,” through which Purdue sales representatives intensified their marketing of OxyContin to extreme, high-volume prescribers who were already writing “25 times as many OxyContin scripts” as their peers, causing health care providers to prescribe opioids for uses that were unsafe, ineffective, and medically unnecessary, and that often led to abuse and diversion.
The civil settlement also resolves the government’s allegations that from approximately 2008 to 2018, at the Named Sacklers’ request, Purdue transferred assets into Sackler family holding companies and trusts that were made to hinder future creditors, and/or were otherwise voidable as fraudulent transfers.
This week’s resolution does not resolve claims that states may have against Purdue or members of the Sackler family, nor does it impede the debtors’ ability to recover any fraudulent transfers.
This week’s announcement was made at a press conference with Deputy Attorney General Jeffrey A. Rosen; Acting Assistant Attorney General of the Civil Division Jeffrey Clark; U.S. Attorney for the District of Vermont Christina Nolan; First Assistant U.S. Attorney for the District of New Jersey Rachael Honig; and U.S. Attorney for the Eastern District of Texas Stephen Cox. The criminal investigation was conducted by the U.S. Attorney’s Offices for the Districts of New Jersey and Vermont, the Consumer Protection Branch of the Department of Justice’s Civil Division, and the FBI’s Washington, D.C. and Newark Field Offices, with assistance by the DEA and the U.S. Attorney’s Office for the Northern District of Ohio. The civil settlements were handled by the Fraud Section of the Commercial Litigation Branch of the Department of Justice’s Civil Division, and the U.S. Attorney’s Offices for the Districts of New Jersey and Vermont, with assistance from the Department of Health and Human Services, Office of General Counsel and Office of Counsel to the Inspector General; the Defense Health Agency; and the Office of Personnel Management. The Purdue bankruptcy matter is being handled by the U.S. Attorney’s Office for the Southern District of New York and the Civil Division’s Commercial Litigation Branch, Corporate/Finance Section.
Except to the extent of Purdue’s admissions as part of its criminal resolution, the claims resolved by the civil settlements are allegations only. There has been no determination of liability in the civil matters.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
23 October 2020
Woman Pleads Guilty to Cheating 1,700 Victims in $1.2 Million Loan ScamRead the Press Release
NORFOLK, Va. – A Virginia Beach woman pleaded guilty today to an internet-based loan scam that cheated approximately 1,700 victims out of over $1.2 million.
According to court documents, Terri Beth Miller, 53, and her husband and co-defendant Ronald A. Smith, 59, set up a company called Business Development Group, an internet-based business that offered, in exchange for an advance fee, to assist individuals in preparing loan applications to obtain SBA-guaranteed loans. They solicited potential customers on the basis of false, fraudulent, and misleading statements and representations, including, among others, that the company was headquartered at the Trump Building in New York and had assisted well-known large companies in obtaining SBA loans. They offered a money-back guarantee, but in fact employed various fraudulent methods to deny refunds. Miller and Smith solicited approximately 1,700 customers, who paid an aggregate sum of approximately $1,287,000 in advance fees. The vast majority of these customers did not receive an SBA guaranteed loan. In fact, Miller and Smith did virtually nothing to even attempt to obtain loans for their customers.
Miller pleaded guilty to wire fraud and engaging in monetary transactions in criminally derived property. She faces a maximum penalty of 30 years in prison when sentenced on April 16, 2021. 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.
Smith pleaded guilty to similar charges in October, and will be sentenced on April 2, 2021. He was convicted of nearly the identical loan scam in 2006 and received a sentence of seven years in prison.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after U.S. District Judge John A. Gibney, Jr. accepted the plea.
Assistant U.S. Attorney Alan M. Salsbury 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-69.
Wilmington Man Sentenced to 108 Months in Prison for Federal Drug ChargeRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced today that Ibrahim Sesay, 45, of Wilmington, was sentenced by Chief U.S. District Judge Leonard P. Stark to 9 years in federal prison for possessing crack cocaine with the intent to distribute it.
According to court documents, Sesay sold crack cocaine to a confidential informant on a number of separate occasions. Based on that conduct, law enforcement obtained a warrant to search Sesay’s apartment. When executing that search warrant, law enforcement ultimately recovered over 159 grams of crack cocaine and over $12,000 in drug proceeds. This was Sesay’s tenth drug-related conviction, including his second federal felony conviction in this District.
U.S. Attorney Weiss stated, “This case demonstrates our continued commitment to stop the flow of dangerous substances into our communities. Sesay made a career out of dealing drugs. The sentence imposed highlights the severe consequences individuals can expect to face when making the repeated choice to resort to a life of drug dealing.”
“Whether it’s a large-scale drug organization or an individual selling cocaine from an apartment, rest assured disrupting and dismantling criminal drug trafficking operations is a critical part of the FBI’s mission,” said Jennifer C. Boone, Special Agent in Charge of the FBI Baltimore field office. “Today’s sentence is a reminder to those who prey on our communities - your criminal activity will not be tolerated and you will be brought to justice.”
This case was investigated by FBI-Baltimore Division’s Wilmington Resident Office’s Safe Streets Taskforce and the Delaware State Police. Assistant U.S. Attorney Jesse S. Wenger prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 19-CR-73.
Wheeling woman admits to selling “crack” cocaineRead the Press Release
WHEELING, WEST VIRGINIA – Ashly Phillips, of Wheeling, West Virginia, has admitted to a drug charge, U.S. Attorney Bill Powell announced.
Phillips, age 33, pled guilty to one count of “Distribution of Cocaine Base within 1000 feet of a Protected Location.” Phillips admitted to selling “crack” cocaine near Luau Manor in Wheeling in February 2020.
Phillips faces at least one and up to 40 years of incarceration and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Shawn M. Adkins and Clayton J. Reid are prosecuting the case on behalf of the government. The Ohio Valley Drug and Violent Crimes Task Force, a HIDTA-funded initiative, which includes the Drug Enforcement Administration, West Virginia State Police, Ohio County Sheriff’s Office, and the Wheeling Police Department, investigated. The U.S. Marshal Service, Columbus Police Department Gang Crimes Unit, the Martins Ferry Police Department, and the Bellaire Police Department also assisted.
U.S. Magistrate Judge James P. Mazzone presided.
Voter Fraud and the Upcoming General ElectionRead the Press Release
United States Attorney Joe Kelly announced today that Assistant United States Attorney (AUSA) Laurie Kelly, will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. AUSA Kelly has been appointed to serve as the District Election Officer (DEO) for the District of Nebraska, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
United States Attorney Kelly said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will always act appropriately to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Kelly stated that his office will be taking calls while the polls are open (8 A.M. until 8 P.M. in the Central Time Zone, 7 A.M. until 7 P.M. in the Mountain Time Zone). The U. S. Attorney’s Office can be reached by the public at the following telephone number: (402) 661-3700.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (402) 493-8688.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
Nebraska Secretary of State Robert B. Evnen reminds voters that, should the need arise, the state’s Election Integrity Unit is on standby for Election Day concerns or complaints. Anyone may call his office to express concerns or file a formal complaint if necessary. Nebraskans who wish to contact the Election Integrity Unit may do so by calling (402) 471-2555, or toll-free at (888) 727-0007. If a voter is unsure about the location of their polling site, they should call their county election office or go online to https://www.votercheck.necvr.ne.gov.
United States Attorney Kelly said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
Versailles Man Sentenced to 70 Months for Fentanyl Trafficking and Possession of Firearm by Convicted FelonRead the Press Release
LEXINGTON, Ky. – A Versailles, Ky., man, Kashajuan Kalil Lyvers 24, was sentenced to 70 months in federal prison on Wednesday, before U.S. District Judge Karen Caldwell, for possession with intent to distribute fentanyl and possession of a firearm by a convicted felon.
According to Lyvers’ plea agreement, he admitted that, on October 2, 2019, law enforcement conducted a traffic stop on his vehicle and found him in possession of more than six grams of fentanyl that he planned to distribute. Furthermore, Lyvers was found with a stolen, loaded.40 caliber pistol. Lyvers admitted that he possessed the firearm unlawfully because he was a convicted felon.
Lyvers had previously been convicted of Fleeing or Evading Police First Degree, Wanton Endangerment First Degree, and Receiving Stolen Property in Fayette County in February 2015. Lyvers was also convicted of Trafficking a Controlled Substance First Degree in Fayette County in February 2015.
Lyvers pleaded guilty to the federal charges in June 2020.
Under federal law, Lyvers must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for six years, following his release
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the guilty plea.
The investigation was conducted by ATF and the Lexington Police Department. The United States was represented by Assistant U.S. Attorney Francisco Villalobos.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Duncan coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
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. Click here for more information about Project Guardian.
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United States Attorney Mike Stuart Announces Healthcare Fraud Settlement for over $1.2 MillionRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart, along with Special Agent in Charge Maureen R. Dixon, United States Department of Health and Human Services, Office of Inspector General (HHS-OIG) and Special Agent in Charge Derek Pickle, United States Department of Labor, Office of Inspector General (DOL-OIG), announced that his office has settled healthcare fraud claims against Great Lakes Medical Laboratory, Inc. (Great Lakes). Pursuant to the settlement agreement, Great Lakes will pay $1,200,737.64 to resolve allegations that the Michigan laboratory engaged in a billing scheme that defrauded Medicare and the United Mine Workers of America 1992 Benefit Plan, the 1993 Benefit Plan, and the Combined Benefit Fund (UMWA Funds) of $600,368.82. The settlement sum is twice the actual loss resulting from the scheme.
“$1.2 million. This settlement demonstrates my office’s commitment to protect critical Medicare dollars and union affiliated benefit plans from fraud and abuse,” said United States Attorney Mike Stuart. “We will continue to work with HHS-OIG, DOL-OIG and others to eradicate fraud from taxpayer funded federal programs.”
Great Lakes operated a medical reference laboratory in Michigan and routinely tested urine and blood samples referred by medical providers located in West Virginia and elsewhere. From in or about January 4, 2016 continuing into or about May 12, 2017, Great Lakes presented at least 21,732 claims to Medicare and the UMWA Funds which included separate claims for reimbursement for services which were already included in bills submitted for other laboratory services. Moreover, investigators learned that the fraudulent claims were for services that were not specifically ordered by the referring physicians, and determined that there was no indication that the services billed were actually performed. These false claims resulted in a loss to Medicare and the UMWA Funds in the amount of $600,368.82. As a result of the $1,200,737.64 settlement, which represents twice the actual loss suffered by Medicare and the UMWA Funds, both federal programs will be made whole.
As part of this settlement, Great Lakes entered into a three-year Integrity Agreement (IA) with HHS-OIG. The IA requires Great Lakes to maintain a compliance program, implement a risk assessment program, and hire an Independent Review Organization to review Medicare and UMWA Funds claims.
“Accurately billing for services provided to Medicare beneficiaries is required of all health care providers,” said Maureen R. Dixon, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of the Inspector General. “HHS-OIG will continue to work with the U.S. Attorney’s Office, DOL-OIG and all our law enforcement partners to evaluate and pursue allegations of inaccurate Medicare billings.”
“One of the primary missions of the Office of Inspector General is to investigate allegations of fraud relating to union affiliated benefit plans. We will continue to work with our law enforcement partners to protect the financial integrity of labor unions and safeguard the assets of union members,” said Derek Pickle, Acting Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor, Office of Inspector General.
The investigation was conducted by HHS-OIG, DOL-OIG, and members of the United States Attorney’s Healthcare Fraud Abuse, Recovery and Response Team (ARREST). ARREST is an innovative approach linking civil and criminal enforcement efforts together in a comprehensive attack on the opioid epidemic and health care fraud. Assistant United States Attorneys Alan McGonigal and Jennifer Mankins handled the matter on behalf of the United States.
United States Attorney Mike Stuart announced the formation of ARREST in February 2019. This settlement is one of several significant results since the Team’s inception. All health care related cases in the Southern District of West Virginia, whether they are the subject of criminal or civil investigation or enforcement, are directed through ARREST. Included within the purview of the team are the Opioid Fraud and Abuse Detection Unit, Affirmative Civil Enforcement Unit, Appalachian Regional Prescription Opioid Task Force, Medicare and Medicaid Fraud, and Asset Forfeiture efforts related to all healthcare matters.
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.
SDWVNews and USAttyStuart
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U.S. Navy Service Members Sentenced in Sweeping Corruption and Insurance Fraud SchemeRead the Press Release
Assistant U.S. Attorneys Emily W. Allen (619) 546-9738 and Andrew Galvin (619) 546-9721
NEWS RELEASE SUMMARY – October 23, 2020
SAN DIEGO – Two U.S. Navy service members caught in a sweeping corruption case involving false claims to the Traumatic Servicemembers Group Life Insurance Program were sentenced in federal court today.
Ronald Olmsted and Anthony Coco, who each entered guilty pleas earlier this year, were sentenced by U.S. District Judge Janis L. Sammartino. Olmsted was sentenced to four months in prison followed by four months of home detention to be served as part of three years of supervised release. Coco was sentenced to four months of home detention to be served as part of three years of probation.
The charges arise from a scheme led by co-defendant Christopher Toups, who according to plea agreements and an indictment, recruited Olmsted, Coco, and a number of other fellow service members he met through his work in the Navy. According to court documents, Toups helped these coworkers to create and file fraudulent claims to obtain unearned benefits from Traumatic Servicemembers Group Life Insurance Program, or TSGLI, an insurance program that compensates service members who suffer serious and debilitating injuries while on active duty. He had help from U.S. Navy Commander Dr. Michael Villarroel, the medical doctor for the unit where Toups worked, and from Kelene Meyer, a former nurse in the U.S. Navy who was married to Toups during the scheme.
According to the superseding indictment and other court records, including Olmsted’s and Coco’s plea agreements, the co-defendants were part of the Explosive Ordinance Disposal Expeditionary Support Unit One (“EOD ESU One”), based in Coronado, California. Christopher Toups, a former Chief Petty Officer Construction Mechanic, filed his own fraudulent claims, and collected kickbacks from the participants he recruited once their fraudulent TSGLI benefits were paid. Dr. Villarroel knowingly signed off on false and fraudulent TSGLI applications on behalf of multiple service members that were part of or connected to EOD ESU One. To support their applications, each defendant submitted fabricated applications that included forged signatures and altered hospital records, which Meyer helped to create.
Relevant to today’s hearings, Ronald Olmsted admitted in his plea agreement to submitting two separate fraudulent claims, for which he received a total payout from TSGLI of $175,000. Olmsted’s claims falsely reported that he lost the ability to do basic tasks and care for himself for months after a rappelling accident in 2011 and a fall down a flight of stairs in 2012. Olmsted kicked back $55,000 to Toups, some in cash and some in cashier’s check. Coco, for his part, admitted that he was paid $100,000 after falsely reporting on medical forms that he suffered a fall from a piece of equipment that broke both his ankles and left him confined to a wheelchair. After he received the unwarranted payout from TSGLI, Coco kicked back $65,000 to Toups, paid all in cash.
To date, 11 individuals have been charged in connection with this scheme. Seven of those individuals – Richard Cote, Earnest Thompson, Kelene Meyer, Paul Craig, and Stephen Mulholland, as well as Olmsted and Coco – have pleaded guilty to fraud charges. According to court records, Toups, Villarroel, and Meyer were at the center of the scheme, and together the conspirators defrauded the TSGLI program of nearly $2 million. Toups, Villarroel, and Meyer received kickbacks for creating and filing the fraudulent TSGLI applications for other U.S. Navy service members.
DEFENDANTS AND CHARGES Case Number Age Hometown
Christopher Toups 18CR1674-JLS 43 Woodstock, GA
Kelene Meyer 18CR1674-JLS 44 Jacksonville, FL
Dr. Michael Villarroel 18CR1674-JLS 48 Coronado, CA
Paul Craig 18CR1674-JLS 47 Austin, TX
Richard Cote 18CR1674-JLS 45 Oceanside, CA
Earnest Thompson 18CR1674-JLS 46 Murrieta, CA
James Brown 18CR1674-JLS 46 San Diego, CA
David Hawley 18CR1674-JLS 51 San Diego, CA
Ronald Olmsted 20CR0659-JLS 48 Mobile, AL
Anthony Coco 20CR0197-JLS 43 San Diego, CA
Stephen Mulholland 20CR0052-JLS 51 Panama City Beach, FL
SUMMARY OF CHARGES
18 U.S.C. § 1349, Conspiracy to Commit Wire Fraud
Maximum Penalty: Twenty years in prison, $250,000 fine, forfeiture and restitution
18 U.S.C. § 1343, Wire Fraud
Maximum Penalty: Twenty years in prison, $250,000 fine, forfeiture and restitution
18 U.S.C. § 287, Making a False Claim
Maximum Penalty: Five years in prison, $250,000 fine
AGENCIES
Federal Bureau of Investigation
Naval Criminal Investigative Service
Department of Veterans Affairs - Office of Inspector General
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
U.S. Attorney’s Office to Monitor Los Angeles County Vote Centers for Compliance with Americans with Disabilities ActRead the Press Release
LOS ANGELES – The United States Attorney’s Office will deploy personnel to monitor Los Angeles County vote centers for their compliance with federal accessibility law for people with physical disabilities during the election period that begins October 24 and continues through November 3.
Specifically, the U.S. Attorney’s Office will monitor Los Angeles County vote centers for their compliance with the Americans with Disabilities Act (ADA) for people with mobility and vision disabilities.
The monitoring is part of the Justice Department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. A hallmark of the ADA Voting Initiative is its collaboration with local officials to increase accessibility at polling places. Through this initiative, the Justice Department has surveyed more than 2,200 polling places across the nation and has increased accessibility in more than three dozen jurisdictions.
Individuals who believe they might have been victims of discrimination in voting, including because of disability, may call the U.S. Attorney’s Office at (213) 894-2879, email [email protected], or complete and submit this form.
This year marks the ADA’s 30th anniversary. The Department of Justice – including the U.S. Attorney’s Office – plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. The Justice Department will continue to use its enforcement and technical assistance tools to eliminate unlawful discrimination against people with disabilities.
For more information about the ADA, please call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD), or access the ADA website at http://www.ada.gov.
U.S. Attorney encourages participation in National Prescription Drug Take Back Day, Oct. 24Read the Press Release
U.S. Attorney Trent Shores wants Oklahomans to know how to rid their homes of unused and unwanted medications. Saturday, Oct. 24, starting at 10 a.m., the public can take those prescriptions to a DEA National Drug Take Back location in northeastern Oklahoma.
The DEA is holding its 19th National Prescription Drug Take Back Day at locations across the country. The nationwide event aims to provide a safe, convenient, and responsible means of disposing of prescription drugs, while also educating the general public about the potential for abuse of medications.
“Properly discarding old medications is not only smart, it can be lifesaving. Fortunately, the Drug Enforcement Administration is making it easier for all of us to safely dispose of these unused and expired medications, helping to protect friends and loved ones who may end up misusing them,” said U.S. Attorney Trent Shores. “I appreciate the DEA and our law enforcement, business and community partners, who have teamed up to provide this important public service.”
Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.
“The initiative – now in its tenth year – addresses a vital public safety and public health issue,” said DEA Acting Administrator Timothy Shea. “Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Together with our partners, we are not only holding National Prescription Drug Take Back Day, but offering other ways to dispose of unwanted, unused, and expired prescription medications.”
Collection sites will adhere to local COVID-19 guidelines and regulations in order to maintain the safety of all participants and local law enforcement. Collection sites in the Northern District of Oklahoma include:
- DEA Tulsa- MET Recycling Center, 3495 South Sheridan, Tulsa
- Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD)- Walgreens Pharmacy, 1438 N. Lewis Avenue, Tulsa
- OBNDD- Walgreens Pharmacy, 1438 N. Lewis Avenue, Tulsa
- OBNDD- Reasor’s, 4909 E. 41st Street, Tulsa
- OBNDD- Reasor’s 7114 S. Sheridan, Tulsa
- OBNDD- Reasor’s 3915 S. Peoria Ave, Tulsa
- Broken Arrow Police Department- Walmart Neighborhood Market, 1300 E. Albany St., Broken Arrow
- Sand Spring Police Department- 602 W. Morrow Road, Sand Springs
- Miami Police Department- 129 5th Avenue Northwest, Miami
- Miami Tribal Police Department, 3410 P. Street Northwest, Miami
DEA and its partners will collect tablets, capsules, patches, and other solid forms. DEA will also accept vape pens or other e-cigarette devices from individual consumers, only after the batteries are removed from the devices. If the battery cannot be removed, individual consumers can check with large electronic chain stores who may accept the vape pen or e-cigarette devices for proper disposal. Liquids, including intravenous solutions, syringes and other sharps, and illegal drugs cannot be dropped off. This service is free and anonymous, no questions asked.
Given the ongoing COVID-19 public health emergency, DEA wants to ensure that the public is aware of other ways they can dispose of unwanted prescription drugs without having to leave their homes. Both the U.S. Food and Drug Administration and the Environmental Protection Agency have tips on how to safely dispose of drugs at home.
In addition to DEA’s National Prescription Drug Take Back Day, prescription drugs can be disposed of at any of the 11,000 DEA authorized collectors at any time throughout the year. For more information, visit: https://apps2.deadiversion.usdoj.gov/pubdispsearch/spring/main?execution=e1s1.
DEA also encourages the public to reach out to their local law enforcement to find out if they have any permanent drug disposal locations throughout their local community.
For more information on DEA’s National Prescription Drug Take Back Day, and to find a collection site near you, visit www.deatakeback.com
U.S. Attorney Nolan Appoints Election Officers for the District of VermontRead the Press Release
United States Attorney Christina E. Nolan announced today that Assistant United States Attorneys (AUSA) Michael Drescher and Barbara Masterson will lead the efforts of her Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. AUSAs Drescher and Masterson have been appointed to serve as the District Election Officers (DEO) for the District of Vermont, and in that capacity are responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
United States Attorney Nolan stated, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud or intimidation. The Department of Justice will act appropriately to protect the integrity of the election process.” She added that her office has been working closely with the Vermont Secretary of State, Vermont’s Attorney General, the Vermont State Police and other state and local partners to ensure a quick and collaborative response in the event of election interference.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the rights of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities. United States Attorney Nolan stated that AUSAs/DEOs Drescher and Masterson will be on duty in this District while the polls are open. They can be reached by the public at the following telephone number: (802) 651-8249.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (518) 465-7551 or email at [email protected]. On election day, members of the public wishing to report election-related concerns to the Secretary of State should call 1-800-438 VOTE (8683).
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/.
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State, county and local police have primary jurisdiction over polling places and will respond quickly to emergency situations.
United States Attorney Nolan added, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination, intimidation, or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney Michael Bailey Announces $1.2 Million for Arizona Research that Supports Public Safety PracticesRead the Press Release
PHOENIX, Ariz. – U.S. Attorney Michael Bailey today announced over $1.2 million in Department of Justice grants for Arizona, part of more than $43 million total awarded to more than 50 institutions, agencies, and organizations for research and evaluation projects that identify data-driven programs for reducing crime and promoting justice. The awards span research topic priorities such as prisoner reentry, terrorism prevention, human trafficking and police officer safety and wellness.
The awards are part of a strategic plan developed by OJP’s National Institute of Justice to advance technology, strengthen scientific research and translate knowledge to practice. They represent NIJ’s broader effort to include more diversity of disciplines, such as physical and social sciences, to link areas of research that have not previously been connected.
“The more we know about crime—the better we understand its causes and consequences—the greater our chances of finding sustainable solutions to the public safety problems confronting our communities,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The research supported by these awards will expand our knowledge about what works to reduce crime, curb reoffending and protect our criminal justice professionals, and this new knowledge will put us a step closer to achieving a more just and lawful society.”
The research addresses critical needs such as prisoner reentry, emphasizing innovative strategies to reintegrate offenders into communities and reduce recidivism. Today’s announcement includes three projects that will study reentry initiatives, including those in rural communities. The research will advance the body of knowledge on promising practices in the field of offender reentry.
In Arizona, the Board of Regents, on behalf of Arizona State University received two research awards:
- Research and Evaluation on Violence Against Women – $203,939
- Research on the Abuse, Neglect and Exploitation of Elderly Individuals - $1,035,328
For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.
RELEASE NUMBER: 2020-091_Research Grants
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.- Research and Evaluation on Violence Against Women – $203,939
U.S. Attorney John C. Anderson appoints Election Officer for the District of New MexicoRead the Press Release
ALBUQUERQUE, N.M. – United States Attorney John C. Anderson announced today that Assistant United States Attorney (AUSA) Jeremy Peña will lead the efforts of his office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. AUSA Peña has been appointed to serve as the District Election Officer (DEO) for the District of New Mexico, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
“Our system of government rests on the premise that elections are decided by eligible American citizens exercising their right to vote,” said U.S. Attorney Anderson. “The federal government is committed to doing its part to ensure that our elections are both free and fair.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
To respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Anderson stated that AUSA/DEO Peña will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: 505-224-1451 and 505-269-2038.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 505-889-1300.
"The American people expect and deserve fair, open, and honest elections that are free of interference," said Special Agent in Charge James Langenberg. "The FBI has jurisdiction over federal election crimes like voter and ballot fraud, civil rights violations and campaign finance offenses, as well as computer intrusions. We are ready to quickly respond if required."
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
In the case of a crime of violence or intimidation, voters should call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
“Citizens can help us protect the integrity of our elections by reporting illegal actions,” said U.S. Attorney Anderson. “I encourage those who have specific information about such activities to make that information available immediately to my office, the FBI, or the Civil Rights Division.”
This year marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney John C. Anderson announces $278,460 in Justice Department grants to support gun prosecutions in AlbuquerqueRead the Press Release
ALBUQUERQUE, N.M. – U.S. Attorney John C. Anderson today announced $278,460 in Department of Justice funding to hire a special prosecutor to try federal firearms cases. The award supports violence reduction efforts as part of Operation Legend and other Department-led initiatives in cities across the country. An additional $500,000 is available to support a Real Time Crime Center that will provide police with rapid intelligence and instant information to help identify emerging crime patterns.
“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 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 for the 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.”
“Operation Legend affords us the additional resources we need to address the persistently high rate of violent crimes in our neighborhoods,” said U.S. Attorney Anderson. “Time and again, we see cases involving guns used to commit crimes in communities across New Mexico. Having a prosecutor dedicated specifically to these cases is a key advancement in our efforts to reduce these crimes over the long term.”
A grant to the 13th Judicial District Attorney's Office for the State of New Mexico will support the hiring of a full-time local prosecutor who will be empowered to try firearms cases in federal court.
“State prosecutors in New Mexico face significant challenges in both holding and obtaining adequate punishments against the most dangerous offenders in the state criminal justice system,” said 13th Judicial District Attorney Lemuel L. Martinez. “The prospect of increased federal prosecutions is a major incentive for our state and local law enforcement counterparts to work with the United States Attorney’s Office. The special prosecutor funded through this grant will help us prevent these offenders from continuing their criminal acts.”
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 law 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 is available at www.ojp.gov.
This year marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years
U.S. Attorney Davis Encourages Idahoans to Partake in DEA’s National Prescription Drug Take Back Day This SaturdayRead the Press Release
BOISE – U.S. Attorney Bart M. Davis wants to ensure that Idahoans are aware how to rid their homes of unused and unwanted medications.
The Drug Enforcement Administration (DEA) is holding its 19th National Prescription Drug Take Back Day this Saturday, October 24, 2020, at locations across the country, including 38 here in Idaho. The nationwide event aims to provide a safe, convenient, and responsible means of disposing of prescription drugs, while also educating the general public about the potential for abuse of medications.
“The availability of unused prescriptions is a significant contributor to opioids and other medications ending up in the wrong hands,” said Davis. “DEA is providing an important public service to our communities. I urge Idahoans to do their part by going to a collection site and safely disposing of unused, expired, and dangerous prescriptions. DEA is making it easier for all of us and I thank them for organizing this biannual event.”
Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that most abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.
Collection sites will adhere to local COVID-19 guidelines and regulations in order to maintain the safety of all participants and local law enforcement.
“Stop, drop, and roll, no questions asked,” said DEA Special Agent in Charge Keith Weis. He further stated that, “With more people staying at home, we must remain vigilant, keeping our loved ones safe by cleaning out our medicine cabinets.”
Given the ongoing COVID-19 public health emergency, DEA wants to ensure that the public is aware of other ways they can dispose of unwanted prescription drugs without having to leave their homes. Both the U.S. Food and Drug Administration and the Environmental Protection Agency have tips on how to safely dispose of drugs at home.
In addition to DEA’s National Prescription Drug Take Back Day, prescription drugs can be disposed of at any of the 11,000 DEA authorized collectors at any time throughout the year. For more information, visit: www.apps2.deadiversion.usdoj.gov/.
“The initiative – now in its tenth year – addresses a vital public safety and public health issue,” said DEA Acting Administrator Timothy Shea. “Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Together with our partners, we are not only holding National Prescription Drug Take Back Day, but offering other ways to dispose of unwanted, unused, and expired prescription medications.”
DEA also encourages the public to reach out to their local law enforcement agencies to find out if they have any permanent drug disposal locations throughout their local community.
DEA and its partners will collect tablets, capsules, patches, and other solid forms. DEA will also accept vape pens or other e-cigarette devices from individual consumers, only after the batteries are removed from the devices. If the battery cannot be removed, individual consumers can check with large electronic chain stores who may accept the vape pen or e-cigarette devices for proper disposal. Liquids, including intravenous solutions, syringes and other sharps, and illegal drugs cannot be dropped off. This service is free and anonymous, no questions asked.
For more information on DEA’s National Prescription Drug Take Back Day, and to find a collection site near you, visit www.deatakeback.com
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney Brian T. Moran announces more than $1 million in grant funding for research on criminal justice topics at University of WashingtonRead the Press Release
Seattle – U.S. Attorney Brian T. Moran today announced the University of Washington is receiving more than $1 million in a Department of Justice grant for a research and evaluation project that identifies data-driven programs for reducing crime and promoting justice. Nationwide, the $43 million in grant awards span research topic priorities such as prisoner reentry, terrorism prevention, human trafficking, and police officer safety and wellness.
The awards are part of a strategic plan developed by Office of Justice Program’s (OJP) National Institute of Justice (NIJ) to advance technology, strengthen scientific research, and translate knowledge to practice. They represent NIJ’s broader effort to include more diversity of disciplines, such as physical and social sciences, to link areas of research that have not previously been connected.
“The more we know about crime—the better we understand its causes and consequences—the greater our chances of finding sustainable solutions to the public safety problems confronting our communities,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The research supported by these awards will expand our knowledge about what works to reduce crime, curb reoffending, and protect our criminal justice professionals, and this new knowledge will put us a step closer to achieving a more just and lawful society.”
The research addresses critical needs such as prisoner reentry, emphasizing innovative strategies to reintegrate offenders into communities, and reduce recidivism. Today’s announcement includes three projects that will study reentry initiatives, including those in rural communities. The research will advance the body of knowledge on promising practices in the field of offender reentry.
“The University of Washington is receiving the largest share of $2.2 million aimed at research and evaluation projects on violence against women,” said U.S. Attorney Moran. “The projects receiving grant funding examine a broad range of topics including the crimes of homicide, intimate partner and dating violence, rape and sexual assault, stalking, and trafficking, along with criminal justice system responses, procedures, and policies.”
The total amount coming to the UW for this research is $1,022,215.
For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. 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
Two Men Sentenced to 15 Years Combined in Federal Court for Drug ConspiracyRead the Press Release
Florence, South Carolina --- United States Attorney Peter M. McCoy, Jr. announced today that Davion Marques Toney, 28, of Cheraw, and Antonio Terrell Anderson, 28, of Lamar, were sentenced in federal court for conspiracy to distribute methamphetamine. Toney was sentenced to 10 years, and Anderson was sentenced to five years.
Evidence presented to the court established that for at least the past three years Toney and Anderson were involved in a conspiracy to distribute methamphetamine in Chesterfield and Darlington Counties. On six separate occasions in 2018 and 2019, Toney sold methamphetamine to a confidential informant working for law enforcement. These controlled purchases took place in Cheraw and Hartsville. On August 7, 2019, an investigator with the Hartsville Police Department was informed that Anderson, for whom there were active arrest warrants, was in a car in the parking lot of a Hartsville restaurant. After the investigator found Anderson in the front passenger seat and detained him, the female driver of the car informed the investigator that she had in her possession methamphetamine which Anderson had just given to her to hide. She then turned over the methamphetamine to the investigator, after which Anderson admitted that the methamphetamine belonged to him. There were also a significant number of cooperating witnesses who were prepared to testify that during the course of the conspiracy, both Toney and Anderson sold them methamphetamine.
United States Chief District Judge R. Bryan Harwell sentenced Toney to 120 months in federal prison, to be followed by a five-year term of court-ordered supervision. Chief Judge Harwell sentenced Anderson to 60 months in federal prison, to be followed by a four-year term of court-ordered supervision. There is no parole in the federal system.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration (DEA), the Chesterfield County Sheriff’s Office, and the Hartsville Police Department. Assistant United States Attorney Brad Parham of the Florence office prosecuted the case.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Two Men Plead Guilty to Conspiracy, Bank Fraud, and Aggravated Identity TheftRead the Press Release
TALLAHASSEE, FLORIDA – Isaleb Anofils, 31, of Vero Beach, pled guilty last Friday, October 16, and Donyell Garland, 32, of Tallahassee, plead guilty today to federal charges of conspiracy to commit bank fraud, 13 counts of bank fraud, and 1 count of aggravated identity theft. Lawrence Keefe, United States Attorney for the Northern District of Florida, announced the guilty plea.
Between January 1, 2018, and April 9, 2018, Anofils and Garland conspired to defraud federally insured financial institutions. The defendants used a combination of a cell phone spoofing app and various Internet websites to obtain personally identifiable information of victims. Anofils and Garland then used that information to conduct 285 fraudulent ATM transactions at Tallahassee-area financial institutions. In total, Anofils and Garland stole or attempted to steal over $151,000 from 47 Wells Fargo customers.
Both men face a maximum penalty of 30 years in prison for the conspiracy to commit bank fraud and bank fraud counts, and an additional 2-year mandatory minimum prison sentence, consecutive to any other sentence imposed, for the aggravated identity theft count.
This case resulted from a joint investigation by the Leon County Sheriff’s Office, the Florida Department of Law Enforcement, and the United States Secret Service. Assistant United States Attorney Justin M. Keen is prosecuting the case.
Anofils’ sentencing hearing is scheduled for February 11, 2021, and Garland’s sentencing hearing is scheduled for February 10, 2021. Both hearings will take place at the United States District Court in Tallahassee before Chief Judge Mark Walker.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office for the Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Press Release - Anofils and Garland Statement of Facts - AnofilsTrio accused of Walmart2Walmart money transfer fraud scheme in Youngstown and Akron areasRead the Press Release
U.S. Attorney Justin Herdman announced today that a federal grand jury sitting in Cleveland has returned a 20-count indictment charging John Lee Watkins, age 31, of Stow; Valerie Marie Masongsong, age 29, of Henderson, Nevada and Terrell Tomlin, age 32, of Ogden, Utah with wire fraud, conspiracy to commit wire fraud and aggravated identity theft.
According to court documents, the defendants are accused of using Walmart2Walmart, a money transfer service, to defraud banks and enrich themselves. Walmart2Walmart allows a customer to initiate a money transfer at one Walmart store to be picked up by someone else at another Walmart store anywhere in the United States.
As part of their conspiracy, the defendants are alleged to have used either their real name of a false identity to initiate a Walmart2Walmart transfer using a bank card to another co-defendant, co-conspirator, or fictitious person. The person initiating the transfer would then contact his or her bank stating that the transfer was fraudulent and seek a refund for the transfer. The defendant or co-conspirators would then collect the transfer at the second Walmart location and withdraw the money from their bank account before the bank could complete an investigation into the fraudulent activity and reverse the charges, states the indictment.
The defendants executed their scheme using Walmart locations in Youngstown, Poland, Austintown, Stow, Streetsboro, Kent, Canton and elsewhere outside of the Northern District of Ohio. A total loss of more than $400,000 was incurred as a result of the alleged scheme.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant's sentence will be determined by the Court after review of factors unique to this case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation.
In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This investigation was conducted by the FBI and is being prosecuted by Assistant U.S. Attorney Kathryn G. Andrachik.
The Honorable Douglas H. Ginsburg Receives Justice Department's 2020 John Sherman AwardRead the Press Release
Watch the ceremony.
Read Judge Ginsburg's remarks.
The Antitrust Division of the Department of Justice today presented Judge Douglas H. Ginsburg with the John Sherman Award for his lifetime contributions to the development of antitrust law and the preservation of economic liberty. The award is the Department of Justice’s highest antitrust honor. Assistant Attorney General Makan Delrahim presented the award and gave remarks celebrating Judge Ginsburg’s contributions during a ceremony displayed virtually and conducted at the Robert F. Kennedy Department of Justice Building. Judge Ginsburg also delivered remarks in accepting the award.
“I can think of no more deserving recipient for the Sherman Award than Judge Ginsburg,” said Assistant Attorney General Delrahim. “His career in public service and his scholarship have shaped the way that antitrust law is understood and practiced. We all are the beneficiaries of Judge Ginsburg’s brilliance, hard work, and dedication to public service.”
Created in 1994, the John Sherman Award is presented by the Justice Department's Antitrust Division to a person or persons for outstanding contributions to the field of antitrust law, the protection of American consumers, and the preservation of economic liberty.
Springfield Man Sentenced on Gun OffenseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that David Laplante, 60, was sentenced today to time served, or 12 months in jail, by Chief Judge Geoffrey Crawford in United States District Court in Burlington, Vermont. Judge Crawford also imposed a three-year period of supervised release to be served after Laplante completes his jail sentence. Laplante had previously pleaded guilty to possessing a handgun as a convicted felon in October 2019. Laplante acknowledged in court he was using and dealing illegal bath salts at the time he possessed the handgun.
On October 19, 2019, Springfield police participated in a search of Laplante’s residence based on numerous complaints about drug trafficking. At the time, Laplante was on probation for a Vermont drug felony. During the search, officers found a loaded .357 handgun in Laplante’s beside table. Officers also found bath salts at the residence. Court records show that earlier in October Laplante had been arraigned in state court on a charge of possessing bath sales at the time of a car stop in July 2019. Laplante was arrested on the federal firearms charge on October 30, 2019 and held in jail pending his plea and sentence.
“I would like to thank the U.S. Attorney’s Office for adopting this case and bringing charges against Mr. LaPlante,” stated Springfield Chief of Police Mark Fountain. “Mr. LaPlante had been selling bath salts for a period of time, which seriously affected quality-of-life issues within the community.”
The case resulted from the collaborative efforts of the Springfield Police Department and the Bureau of Alcohol, Tobacco, and Firearms. Assistant United States Attorney Paul J. Van de Graaf represented the government. Laplante was represented by Federal Public Defender Michael Desautels.
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 year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Six Individuals Charged with Federal Identity Fraud CrimesRead the Press Release
BOSTON – Six individuals were charged this week in connection with their misuse of stolen identities to obtain official identification documents and other government benefits. Of the six defendants charged, the true identities of four remain unknown.
According to charging documents, these individuals used Social Security numbers and other identifiers to obtain, for example, Massachusetts driver’s licenses or identification cards or MassHealth benefits. Some of these stolen identities were also used to obtain Pandemic Unemployment Assistance (PUA) under the Coronavirus Aid, Relief, and Economic Security Act.
Antonio De Carvalho Vicente, 59, a Brazilian nation illegally residing in Fall River, was charged with theft of government funds. De Carvalho Vicente allegedly submitted a fraudulent application for PUA benefits using another person’s name and Social Security number. He allegedly received PUA payments and weekly payments of $600 under the Federal Pandemic Unemployment Assistance program, although the Massachusetts Department of Unemployment Assistance later ceased payments after flagging a suspected identity issue.
Angel Bautista Rossi, 43, a Dominican national illegally residing in Lawrence, was charged with aggravated identity theft and false representation of a Social Security number.
A woman residing in Lawrence and whose true identity has not been confirmed, was charged as Jane Doe with aggravated identity theft and false representation of a Social Security number.
A man residing in Roxbury and whose true identity has not been confirmed, was charged as John Doe with theft of government funds, aggravated identity theft and false representation of a Social Security number.
A man residing in Roslindale and whose true identity has not been confirmed, was charged as John Doe with aggravated identity theft and false representation of a Social Security number.
A man residing in Lawrence and whose true identity has not been confirmed, was charged as John Doe with aggravated identity theft, false statement in a health care matter and false representation of a Social Security number.
“Identity fraud takes a tremendous toll on its victims,” said U.S. Attorney Andrew E. Lelling. “Individuals whose identities have been misused can face difficulties obtaining health care benefits, Social Security benefits or unemployment benefits, and are often left dealing with collateral consequences such as tax liability, bad credit and outstanding arrest warrants in their names. We will continue to hold accountable those engaged in identity fraud.”
“These arrests mark an important landmark in the fight to ensure that benefits owed to American citizens go to whom they belong and not to those illegally present in our country,” said Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston. “This is an important enforcement metric reached in the fight against benefit theft crimes, which are especially egregious during today’s these times of serious economic and public health concerns. Today’s achievement serves as testimony to the tireless, dedicated team work of those partners who make up the Document and Benefit Fraud Task Force (DBFTF). We applaud all of our great partners including the U.S. Attorney for Massachusetts, whose unprecedented commitment to prosecuting these crimes has never wavered.”
“The Medicaid program is a partnership between the federal government and the states to provide healthcare to some of the most vulnerable members of society,” said Phillip M. Coyne, Special Agent in Charge, Office of the Inspector General of the Department of Health and Human Service’s Boston Regional Office. “Medical identity theft jeopardizes the safety of its victims while disregarding the taxpayers who ultimately bear the cost. We will continue to root out imposters whose actions threaten the integrity of our healthcare system.”
Since July 2018, 50 defendants have been charged in connection with document, identity and benefit fraud as a result of investigations by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized investigative group comprising personnel from various state, local and federal agencies with expertise in detecting, deterring and disrupting organizations and individuals involved in various types of document, identity and benefit fraud schemes. The DBFTF investigates individuals who are believed to have obtained stolen identities of United States citizens living in Puerto Rico and who have used those identities to obtain documents and public benefits that they would not otherwise be eligible to receive.
The charge of aggravated identity theft provides for a mandatory two-year prison sentence that must run consecutively to any other sentence imposed, up to one year of supervised release and a fine of up to $250,000. The charge of theft of government funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
U.S Attorney Lelling; HSI Boston SAC Shea; HHS-OIG SAC Coyne; Tonya Perkins, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations; Jonathan Davidson, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; Denis C. Riordan, District Director of U.S. Citizenship and Immigration Services Boston; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Massachusetts State Auditor Suzanne M. Bump made the announcement today. Valuable assistance was provided by the Lawrence, Lowell, Woburn, Dartmouth and Fall River police departments.
These cases are being prosecuted by Special Assistant U.S. Attorney Karen Burzycki and Assistant U.S. Attorneys David Tobin and Kenneth Shine of Lelling’s Major Crimes Unit.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Shawnee Man Pleads Guilty to Robbing BancFirst Branch in Paden, OklahomaRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Bobby Ray Scott III, age 42, of Shawnee, Oklahoma, entered a guilty plea to Bank Robbery in violation of Title 18, United States Code, Sections 2113(a) and 2113(d). Bank Robbery is punishable by not more than life imprisonment, up to a $250,000.00 fine, or both.
The Indictment alleged that on or about June 12, 2020, in the Eastern District of Oklahoma, the defendant, by force, violence and intimidation did take from the person and presence of another, money belonging to and in the care, custody, control, management and possession of BancFirst located in Paden, Oklahoma, the deposits of which were then insured by the Federal Deposit Insurance Corporation, and in committing such offense, the defendant, Bobby Ray Scott III, did assault and put in jeopardy the life of another person by the use of a dangerous weapon, that is a firearm.
The charges arose from an investigation by the Okfuskee County Sheriff’s Office, the Homeland Security Investigations Task Force, and the Federal Bureau of Investigation Safe Trails Task Force. The Safe Trails Task force is made up of a coalition of numerous Federal, State, Local and Tribal partners. The Safe Trails Task Force allows participating agencies to combine limited resources and increase investigative coordination to target violent crime, drugs, gangs, and gaming violations. Assistant United States Attorney Dean Burris represents the United States.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Dean Burris represented the United States at the plea hearing.
Selma Resident Convicted on All Counts in Armed Bank Robbery TrialRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that a federal jury in Mobile, Alabama found defendant Stanley Young, 32, of Selma, Alabama, guilty on all charges in an armed bank robbery case. United States District Judge Terry F. Moorer presided over the trial, which started on October 19, 2020 and ended three days later. Young is scheduled to be sentenced on January 21, 2021. He faces a mandatory minimum sentence of 17 years in prison and a maximum sentence of life imprisonment.
After the jury’s verdicts, United States Attorney Richard W. Moore said, “This case demonstrates the efforts that we will take to catch and prosecute bank robbers. Local law enforcement and the FBI vigorously pursued the three suspects in this case and now all of them are going to the federal penitentiary. These three bank robbers believed that they could outsmart the cops and they were wrong. Also, the U.S. Attorney’s Office has some of the very best prosecutors in the country and we will spare no expense in bringing bank robbers to justice. Bank robbery violates the peace and dignity of our small towns like Marion, Alabama and we won’t stand for it. I offer my sincere thanks to all of our law enforcement partners who brought this case to a successful conclusion.”
On December 30, 2019, a federal grand jury for the Southern District of Alabama charged Young and his two codefendants, Jabriel Bell and Fortune Hoppins, with bank robbery and brandishing a firearm in furtherance of a violent crime. Hoppins and Bell entered guilty pleas in July. Hoppins is scheduled to be sentenced on November 16, 2020. Bell’s sentencing date is December 3, 2020.
The jury heard evidence that on September 14, 2016, Young, Bell, and Hoppins robbed the West Alabama Bank & Trust, a federally insured bank in Marion, Alabama. The victim tellers testified that one robber, Bell, held them at gunpoint while another robber, Hoppins, stole money from the tellers’ drawers. Eyewitness testimony and expert analysis of historical cell-site records established that Young was the getaway driver. After the robbery, the defendants fled the crime scene and later set fire to the getaway car on the side of a county road a few miles from the bank. There, the robbers moved to a “switch car,” which Young had borrowed earlier on the morning of the robbery, to flee from Marion to Selma. Young and Hoppins then fled to Connecticut, where they were located and arrested by the United States Marshals Service.
The FBI, the Fourth Judicial Circuit Drug Task Force, the Perry County Sheriff’s Office, the Marion Police Department, the Selma Police Department, and the Bridgeport, Connecticut Police Department investigated the case. Assistant United States Attorneys Sinan Kalayoglu and Justin Roller are prosecuting the case.
Self-Described Member of “Boogaloo Bois” Charged with RiotRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal criminal complaint against IVAN HARRISON HUNTER, 26, charging him with participating in a riot. HUNTER, who was arrested on October 21, 2020, in San Antonio, Texas, made his initial appearance yesterday before Magistrate Judge Henry Bemporad in U.S. District Court in San Antonio, Texas.
According to the allegations in the criminal complaint and law enforcement affidavit, in late May of 2020, the FBI initiated an investigation into members of the “Boogaloo Bois” based on information that members were discussing committing crimes of violence and were maintaining an armed presence on the streets of Minneapolis during civil unrest following the death of George Floyd. The Boogaloo Bois are a loosely-connected group of individuals who espouse violent anti-government sentiments. The term “Boogaloo” itself references an impending second civil war in the United States and is associated with violent uprisings against the government.
According to the allegations in the criminal complaint and law enforcement affidavit, between May 27 and May 28, 2020, HUNTER, who claims to be a member of the Boogaloo Bois, traveled in interstate commerce from Texas to Minneapolis, Minnesota, with the intent to participate in a riot. Federal agents reviewed a video taken on the night of May 28, 2020, that shows an individual, later identified as HUNTER, discharged 13 rounds from an AK-47 style semiautomatic rifle into the Minneapolis Police Department’s Third Precinct building. At the time of the shooting there were other individuals believed to be looters still inside the building. Law enforcement recovered from the scene discharged rifle casings consistent with an AK-47 style firearm.
According to the allegations in the criminal complaint and law enforcement affidavit, upon returning to Texas, HUNTER made various statements on social media describing the violence in which he engaged in Minneapolis. On June 3, 2020, officers with the Austin Police Department conducted a traffic stop on a pick-up truck for numerous traffic violations. HUNTER was one of three occupants in the vehicle. HUNTER, the front seat passenger, had six loaded magazines for an AK-47 style assault rifle affixed to a tactical vest he was wearing. Officers found three semi-automatic rifles on the rear seat of the vehicle, one loaded pistol in plain view next to the driver’s seat, and another loaded pistol in the center console. Several days after the traffic stop, federal agents became aware of HUNTER’s online affiliation with Boogaloo Bois member Steven Carrillo, who has been charged in the Northern District of California with the May 29, 2020, murder of a Federal Protective Service Officer in Oakland, California.
This case is the result of an investigation conducted by the FBI’s Joint Terrorism Task Force, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
This case is being prosecuted by Assistant U.S. Attorney Andrew R. Winter, and Trial Attorneys George Kraehe and Phil Viti of the National Security Division's Counterterrorism Section.
This case falls within the purview of the Attorney General’s Task Force to Combat Violent Anti-Government Extremism. Launched in June 2020, the Task Force is dedicated to supporting the investigation and prosecution of any person or group who commits violence in the name of an anti-government ideology.
The charges contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defendant Information:
IVAN HARRISON HUNTER, 26
Boerne, Texas
Charges:
- Riot, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Second Okemah Man Pleads Guilty to Arson in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Mark Kevin Dodson, age 51, of Okemah, Oklahoma entered a guilty plea to Arson In Indian Country, in violation of Title 18, United States Code, Sections 81, 2, 1151 and 1153, punishable by not more than 25 years imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about September 15, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did attempt and conspire, and willfully and maliciously did set fire to and burn a building and dwelling.
The charges arose from an investigation by the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Ben Gifford represented the United States.
Roanoke Man Sentenced to 132 Months for Distributing HeroinRead the Press Release
ROANOKE, Va.- James Robert Banks, a Roanoke man responsible for distributing between one and three kilograms of heroin throughout the Roanoke area in 2019, was sentenced yesterday in U.S. District Court in Roanoke to 132 months in federal prison following his conviction earlier this year on federal drug distribution charges. Acting United States Attorney Daniel P. Bubar and Jesse Fong, Special Agent in Charge of the Drug Enforcement Administration’s Washington Field Office made the announcement today.
Banks, 32, pleaded guilty in June 2020 to one count of possession with the intent to distribute heroin.
“Heroin abuse continues to plague our communities in a cycle of painful abuse, and those that distribute it must face justice,” Acting United States Attorney Bubar said today. “Thanks to the work of the DEA and the members agencies of the Roanoke-area HIDTA on this investigation, there is less heroin on the streets of Roanoke today.”
Criminal charges against Banks arose from his sale of heroin on specific dates in August and November 2019. According to court documents, law enforcement agents arranged for the controlled purchase of approximately $6,000 worth of heroin from Banks on two occasions. In both instances, Banks sold the heroin from a commercial auto repair facility on Centre Avenue in Roanoke, owned by his father. In connection with his guilty plea to distribution charges, Banks has acknowledged distributing between one and three kilograms of heroin in the Roanoke area in 2019.
Investigation of this case was conducted by the Drug Enforcement Administration and member agencies of the High Intensity Drug Trafficking Area Task Force (HIDTA), including the City of Roanoke Police Department, Virginia State Police, Roanoke County Police Department, and Salem Police Department. Additional support was provided by the Federal Bureau of Investigation. Acting United States Attorney Daniel P. Bubar and Assistant United States Attorney Kari Munro prosecuted the case for the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of law enforcement groups use evidence-based techniques to identify and address violent and related crime in local communities with the aim of focusing law enforcement efforts on the most violent offenders. As part of this strategy, the PSN initiative involves partnerships with locally-based prevention and reentry programs for lasting reductions in crime.
Riverside, California Man Who Admitted Planning Mass Casualty Attacks and Purchasing Firearms Later Used in 2015 Terrorist Attack in San Bernardino Ordered to Serve 20-Year Federal Prison SentenceRead the Press Release
A Riverside man was sentenced today to 20 years in federal prison for conspiring to commit terrorist attacks in the Inland Empire and for providing assault rifles later used in the 2015 San Bernardino terrorist attack that killed 14 people.
Enrique Marquez Jr., 28, was sentenced today by U.S. District Judge Jesus Bernal.
Today’s sentencing concludes a case in which Marquez pleaded guilty in 2017 to conspiracy to provide material support and resources to terrorists, in violation of 18 U.S.C. § 2339A. In the plea agreement and in open court, Marquez admitted that he conspired with Syed Rizwan Farook in 2011 and 2012 to attack Riverside City College (RCC) and commuter traffic on the 91 Freeway.
Marquez also pleaded guilty to making false statements in connection with the acquisition of firearms, in violation of 18 U.S.C. § 922 (a)(6), by serving as the “straw buyer” of two assault rifles that he provided to Farook. More than three years later, Farook and his wife used those rifles in the shooting rampage at the San Bernardino Inland Regional Center (IRC) on Dec. 2, 2015. Hours later, both Farook and his wife were killed by law enforcement, ending what at the time was the worst terrorist attack on American soil since 9/11.
The investigation into the deadly shooting at the IRC quickly uncovered evidence that, in 2011 and 2012, Marquez purchased two rifles that Farook and his wife used in the IRC attack. According to Marquez’s plea agreement, Farook paid Marquez for the rifles. Marquez also discussed with Farook the use of radio-controlled improvised explosive devices (IEDs) during the planned attacks on RCC and State Route 91. Marquez admitted purchasing Christmas tree lightbulbs and a container of smokeless powder for use in manufacturing IEDs.
Prosecutors argued in a sentencing memorandum filed last week that Marquez “was a full, willing, and motivated participant of the conspiracy who not only provided the agreement necessary for the conspiracy to attack RCC and SR-91, but also co-designed the attacks with Farook, purchased the two firearms and ammunition to facilitate the attacks, researched bomb making and obtained explosive powder and other bomb-making materials, and visited RCC and SR-91 to sketch out how he and Farook would attack the two locations to maximize casualties.”
Marquez was arrested about two weeks after the IRC terrorist attack and has remained in custody ever since his first court appearance on Dec. 17, 2015. In imposing today’s sentence, Judge Bernal denied Marquez’s request for a five-year sentence, which essentially would have been a time-served sentence that soon would have resulted in his release from custody. In court documents, prosecutors called this request an attempt to “downplay the seriousness of his actions, and skirt that his actions contributed to the mass killing and injuring of innocent people in San Bernardino just a few years later.”
The case against Marquez was the result of an investigation by several members of the Inland Empire Joint Terrorism Task Force, including agents and detectives from the FBI; the San Bernardino Police Department; the San Bernardino County Sheriff’s Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Homeland Security Investigations; the Riverside County Sheriff’s Department; the San Bernardino County District Attorney’s Office; the Chino Police Department; the Redlands Police Department; the Ontario Police Department; the Corona Police Department; and the Riverside Police Department.
The case against Marquez was prosecuted by Assistant U.S. Attorneys Christopher D. Grigg, Chief of the National Security Division; Melanie Sartoris of the General Crimes Section; and Julius J. Nam of the Riverside Branch Office. The National Security Division’s Counterterrorism Section at the Department of Justice provided substantial assistance.
Also as a result of the investigation into the IRC attack, three people have pleaded guilty to being part of a sham marriage scheme in which a Russian woman “married” Marquez to obtain immigration benefits. Syed Raheel Farook, the brother of IRC attacker Syed Rizwan Farook; Tatiana Farook, who is Syed Raheel Farook’s wife; and Mariya Chernykh, who is Tatiana Farook’s sister, pleaded guilty to immigration fraud charges and admitted being part of conspiracy in which Chernykh paid Marquez to enter into a bogus marriage. The three defendants in the marriage fraud case are scheduled to be sentenced early next year.
In another case stemming from the investigation, the mother of Syed Rizwan Farook pleaded guilty in March to a federal criminal charge of intending to impede the federal criminal investigation by shredding a map her son made in connection with the attack. Rafia Sultana Shareef, a.k.a. Rafia Farook, of Corona, is currently scheduled to be sentenced by Judge Bernal on November 16.
Reading Woman Pleads Guilty to Drug Trafficking MethamphetamineRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Francheska Quinones, age 28, formerly of Reading, Berks County, Pennsylvania, pleaded guilty on October 20, 2020, before U.S. District Court Judge Robert D. Mariani, to conspiracy to distribute more than 500 grams of methamphetamiAccording to United States Attorney David J. Freed, Quinones admitted to participating in a conspiracy to distribute between 500 grams and 1.5 kilograms of crystal methamphetamine in Luzerne, Lackawanna and Schuylkill Counties between January 2017 and December 2018. Quinones was one of five individuals indicted by a grand jury in December 2018 for methamphetamine trafficking in Northeastern Pennsylvania.
Judge Mariani ordered that a presentence report be completed. Sentencing will be scheduled at a later date.
The investigation was conducted by the Bureau of Alcohol, Tobacco and Firearms (ATF), the Pennsylvania State Police, the Kingston Police Department, the Luzerne County Drug Task Force, and the Pennsylvania Office of Attorney General. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines
The charge carries a mandatory minimum penalty of ten years in prison under federal law. The maximum penalty for the charge is up to life in prison, a term of supervised release following imprisonment, and a $10,000,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Puerto Rico CPA Indicted and Arrested on Wire Fraud Charges in Relation to Act 20 and Act 22 SchemeRead the Press Release
On Oct. 14, 2020, a federal grand jury in the District of Puerto Rico returned an indictment charging Gabriel F. Hernández, with ten counts of wire fraud, in violation of Title 18, U.S. Code, Section 1343, announced W. Stephen Muldrow, U.S. Attorney, District of Puerto Rico, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, and Tyler R. Hatcher, Special Agent-in-Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Miami Field Office. The indictment was unsealed this week after the arrest of the defendant by federal law enforcement officers from IRS-CI.
According to allegations in the indictment, Hernández, a CPA who served as the tax manager and partner-in-charge of the tax division of a large public accounting, tax, consulting, and business advisory firm, devised a scheme to defraud the IRS. The scheme, as alleged, related in part to two tax incentive acts: Act 20, also known as the Export Services Act, which offers tax incentives for Puerto Rican companies to export services to other jurisdictions, and Act 22, also known as the Individual Investors Act, which offered tax incentives to individuals who relocate to Puerto Rico. Under the scheme, as alleged, Hernández unjustly enriched himself and others by receiving fees in exchange for preparing and filing and causing to be prepared and filed a false federal income tax return with the IRS and fraudulent applications and other records related to the acts. The indictment further alleges that, as part of the scheme Hernández and others evaded the assessment and payment of taxes by engaging in financial transactions devoid of any economic substance (sham transactions). The transactions allegedly were intended to create the illusion that Hernandez’s clients earned income from services performed within Puerto Rico, rather than within the mainland United States.
If found guilty, the defendant faces a maximum statutory sentence of up to 20 years in prison and a fine up to $250,000 for charges relating to wire fraud.
An indictment is a charging document containing allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney W. Stephen Muldrow and PDAAG Zuckerman commended the investigative efforts of IRS-CI’s Miami Field Office. This case is being prosecuted by Assistant U.S. Attorney Seth A. Erbe and Department of Justice Assistant Chief Gregory E. Tortella and Special Attorney Francesca L. Bartolomey.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.