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23 October 2020
Monongalia County man and Maryland man admit to their roles in a drug trafficking operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Daniel Meadows, of Morgantown, West Virginia, and Donald Noel Smith, of Oakland, Maryland, have admitted to their roles in a drug trafficking conspiracy, U.S. Attorney Bill Powell announced.
Meadows, 49, and Smith, 41, each pled guilty to one count of “Unlawful Use of Communication Facility.” Meadows and Smith admitted to using a to distribute drugs in March 2020 in Monongalia County.
Meadows and Smith each face up to four years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the cases on behalf of the government. The Drug Enforcement Administration, the Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the Monongalia County Sheriff’s Office investigated.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
U.S. Magistrate Judge Michael John Aloi presided.
Related press release: https://www.justice.gov/usao-ndwv/pr/seventeen-people-charged-heroin-and-crack-cocaine-distribution-operation
Methamphetamine Trafficker Sentenced to Federal PrisonRead the Press Release
A man who repeatedly drove pounds of methamphetamine to the Midwest from a source in Las Vegas, Nevada, in 2019, was sentenced October 22, 2020, to more than 18 years in federal prison.
Daniel Decker, age 39, from Kenosha, Wisconsin, received the prison term after a guilty plea to one count of possession with intent to distribute a controlled substance.
In a plea agreement, Decker admitted he drove through Cedar County, Iowa, with approximately five pounds of ice methamphetamine with the intent to redistribute it. At sentencing, evidence showed that Decker had transported approximately twenty pounds of ice methamphetamine from Las Vegas to the Midwest over the course of a couple of months.
Decker was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Decker was sentenced to 220 months’ imprisonment. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Decker is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by the Muscatine County drug task force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-0096.
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Maryland U.S. Attorney Robert K. Hur Announces More Than $1.3 Million Investment by the Department of Justice in Research that Supports Public Safety Practices in MarylandRead the Press Release
Baltimore, Maryland – U.S. Attorney Robert K. Hur today announced $1,358,011 in Department of Justice grants to 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.
“Research into the causes of criminal activity allows law enforcement and state and local agencies to develop best practices to prevent such crime, reduce recidivism, and keep our communities safe,” said United States Attorney Robert K. Hur. “While enforcement and consequences are essential parts of our crime-reduction strategy, it’s also wise to invest in measures to reduce and prevent crime before it happens, and to provide assistance to returning citizens to help them become productive members of the community.”
“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 following Maryland organizations received funding:
- The University of Maryland received $369,412, as part of $800,000 granted nationwide to fund research and evaluation projects that inform efforts to prevent and reduce intentional, interpersonal firearm violence and mass shootings in the United States.
- Development Services Group, Inc. received $998,599 of more than $2.2 million granted nationwide, to build knowledge and evidence related to strategies for effective prevention of terrorism in the United States. The research projects will primarily benefit criminal justice agencies and their attendant communities at the state and local levels.
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
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Marion Man Sentenced to Six Years in Federal Court for Drug CrimesRead the Press Release
Florence, South Carolina --- United States Attorney Peter M. McCoy, Jr. announced today that Kevin Delane Davis, 46, of Marion, was sentenced to six years in federal prison after pleading guilty to conspiracy to distribute crack cocaine.
Evidence presented to the court established that from 2017 to 2019, Davis was involved in a conspiracy to distribute crack in Marion County. On three separate occasions in 2019, Davis sold crack to a confidential informant working for law enforcement. These controlled purchases took place in Marion. Also, on June 25, 2019, agents executed a search warrant at Davis’s residence in Marion during which they recovered more crack, cash, and digital scales used to weigh drugs.
United States Chief District Judge R. Bryan Harwell sentenced Davis to 72 months in federal prison, to be followed by a three-year term of court-ordered supervision. There is no parole in the federal system.
This case was investigated by the Drug Enforcement Administration (DEA) and the Marion County Combined Drug Unit. 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.
Man Sentenced to Prison for Role in a Multi-State Drug ConspiracyRead the Press Release
RICHMOND, Va. – A Richmond man was sentenced today to seven years in prison for his participation in a conspiracy to traffic approximately 18 kilograms of heroin into the Richmond area.
According to court documents, in June 2019, Special Agents with the Department of Homeland Security (HSI) seized approximately 24 kilograms of heroin, nearly 2 kilograms of fentanyl, and nearly 2 kilograms of methamphetamine from targets in Brownsville, Texas. The substances were packaged in five tractor trailer batteries and various quantities were headed for Chicago, Illinois and Richmond. Agents with HSI, working with Virginia State Police, coordinated a controlled delivery of the heroin which was destined to Richmond. Jose Zavala-Higareda, 29, was identified as the individual to whom the heroin headed for Richmond was to be delivered. The agents coordinating the controlled delivery and exchanged phone calls and text messages with Zavala-Higareda in advance of the batteries arriving in Richmond. Additionally, the agents and Zavala-Higareda identified a meeting location to deliver the drugs and when the agents arrived, Zavala-Higareda and another person received the batteries and paid for the heroin with $16,500 in cash. The heroin within the tractor trailer batteries weighed approximately 18.14 kilograms.
Law enforcement later conducted a search of Zavala-Higareda’s residence in Richmond and found him to be in possession of another $33,050 in cash, which was enough to purchase 11 additional ounces of heroin. Zavala-Higareda also possessed ledgers which were consistent with record-keeping in a drug trafficking conspiracy.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Never Ending Story. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; and Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., made the announcement after sentencing by U.S. District Judge M. Hannah Lauck.
Assistant U.S. Attorney Stephen E. Anthony prosecuted 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. 3:20-cr-15.
Lebanon, Virginia Man Pleads Guilty to Illegal Possession of a FirearmRead the Press Release
ABINGDON, Virginia - Donald Ray Clark, a Lebanon, Virginia man pleaded guilty today in U.S. District Court in Abingdon to illegal possession of a firearm by a previously convicted felon. Acting United States Attorney Daniel P. Bubar and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Washington Field Division made the announcement today.
“Keeping firearms out of felons’ hands is critical to reducing violence and keeping our communities safe, as evidenced by this case,” Acting United States Attorney Bubar said today. “I commend the ATF, Russell County Sheriff’s Office, and Virginia State Police for their work in bringing Mr. Clark to justice.”
According to court documents, on December 17, 2018, while investigating a homicide on Pittston Road in Lebanon, officers heard shots fired from a next-door residence. Clark was found inside the home with a .22 caliber revolver and several live and spent rounds of .22 caliber ammunition. The side door of his residence had bullet holes visible in the glass from where shots had been fired through the door.
At the time Clark possessed the firearm and ammunition, he knowingly had been convicted of multiple felonies. Clark also was convicted of second-degree murder and other state charges related to the incidents on December 17, 2018. The firearm associated with Clark’s federal charge was unrelated to the state murder conviction.
Clark, 57, will be sentenced for his firearm charge on January 12, 2021. At sentencing, Clark faces up to 10 years in federal prison.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Russell County Sheriff’s Office, and Virginia State Police. Assistant United States Attorney Lena Busscher is prosecuting the case for the United States.
Lawton Man Sentenced to Serve a Decade in Federal Prison for Shooting During Road Rage IncidentRead the Press Release
OKLAHOMA CITY – MARTAVIOUS ARNEZ GROSS, 23, of Lawton, Oklahoma, was sentenced today to serve 120 months in prison for possessing a firearm during a road rage incident on the H.E. Bailey Turnpike while subject to a domestic violence protective order, announced U.S. Attorney Timothy J. Downing.
On January 8, 2020, Gross was charged with possession of a firearm while subject to a domestic violence protective. On March 10, 2020, he pled guilty to this offense.
According to court documents and public record, on December 11, 2019, Gross was riding in a vehicle driven by co-defendant, Nathan R. Rollins, Jr. Rollins and Gross believed they were cut off by another driver on the turnpike and they caught up to the other vehicle. Gross rolled down his window, yelled at the other driver, made obscene gestures, brandished a firearm for the driver of the other vehicle to see. He then fired at the vehicle with the handgun. In responding to a related 911 call, an Oklahoma Highway Patrol Trooper located Rollins’ vehicle, clocking in at 106 miles per hour. After stopping the vehicle, the law enforcement found the handgun that was fired in the incident by Gross, an AR-15 rifle loaded with a high capacity magazine, two black masks, marijuana, and drug paraphernalia. Rollins and Gross were subsequently arrested.
Today, Senior U.S. District Judge Joe Heaton sentenced Gross to serve 120 months in prison, followed by three years of supervised release. In imposing the sentence, Judge Heaton noted the serious nature of the offense conduct and Gross’ significant history of violence against domestic partners and law enforcement officers.
Judge Heaton had previously sentenced co-defendant Rollins to serve 120 months in prison for illegal possession of a firearm after a prior felony conviction.
This case is part of Project Safe Neighborhoods and Project Guardian, the Department of Justice’s signature initiatives to reduce gun violence and enforce federal firearms laws. For more information about Project Guardian, please see the Attorney General’s announcement here. The case is also part of "Operation 922," the district’s local implementation of Project Safe Neighborhoods and Project Guardian. "Operation 922" prioritizes firearms prosecutions connected to domestic violence, including domestic violence abusers who possess a firearm and are subject to a victim protective order or have been previously convicted of a misdemeanor crime of domestic violence.
This case is the result of investigations by the Oklahoma Highway Patrol and the Department of Homeland Security Investigations. Assistant United States Attorney Wilson D. McGarry prosecuted the case.
Killeen Woman Sentenced to 205 Months in Federal Prison for Two Bank RobberiesRead the Press Release
In Waco, a federal judge sentenced 23-year-old Killeen, TX, resident Eboni Siamone McMurray to 205 months in federal prison in connection with two armed bank robberies, announced U.S. Attorney Gregg N. Sofer, FBI San Antonio Division Special Agent in Charge Christopher Combs and Killeen Police Chief Charles F. Kimble.
During a sentencing hearing on Wednesday, U.S. District Judge Alan Albright sentenced McMurray to 37 months in federal prison on two bank robbery charges consecutive to 168 months in federal prison on two firearms charges. Judge Albright also ordered that McMurray pay $5,887 in restitution and be placed on supervised release for a period of five years after completing her prison term.
On June 23, 2020, McMurray pleaded guilty to two counts of bank robbery and two counts of brandishing a firearm during a crime of violence. By pleading guilty, McMurray admitted that on January 24, 2020, she entered the First Texas Bank in Killeen, approached a teller and removed a handgun from her bag. She then pulled the handgun slide to the rear as if chambering a round. A teller placed money into the bag before McMurray exited the bank.
McMurray further admitted that on the afternoon of February 12, 2020, she entered the First National Bank Texas located in the 4300 of East Central Texas Expressway in Killeen, approached a teller and demanded that the teller “fill the bag.” Court records state that McMurray then pointed a firearm directly at the teller, told the teller she had five seconds to comply, and began counting down from five. The teller filled the bag with money as instructed just before McMurray exited the bank.
Based on video surveillance from the scene, investigators were able to identify and subsequently locate McMurray’s vehicle. FBI agents and Killeen Police officers, with assistance from the U.S. Marshals Service, arrested McMurray at her residence without incident the following day. She has since remained in federal custody.
The FBI and Killeen Police Department investigated this case. Assistant U.S. Attorney Greg Gloff prosecuted this case on behalf of the government.
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.
Justice Department Requires Waste Management to Divest Assets in Order to Proceed with Advanced Disposal Services AcquisitionRead the Press Release
The Department of Justice announced today that Waste Management, Inc. (WMI) will be required to divest 15 landfills, 37 transfer stations, 29 hauling locations, over 200 waste collection routes, and other assets in order to proceed with its $4.6 billion acquisition of Advanced Disposal Services, Inc. (ADS). The department said that without the divestiture, the proposed acquisition would substantially lessen competition for small container commercial waste collection or municipal solid waste disposal services in over 50 local markets.
The department’s Antitrust Division — along with five state Attorneys General — filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed transaction. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the complaint. The participating state Attorneys General offices represent Florida, Illinois, Minnesota, Pennsylvania, and Wisconsin.
“Without divestitures, this merger would have harmed competition for essential waste collection and disposal services throughout the country,” said Assistant Attorney General Makan Delrahim. “By requiring WMI and ADS to divest numerous facilities and assets in ten states, will ensure that businesses, municipalities, and towns continue to benefit from competition for these critical services.”
According to the complaint, WMI and ADS both supply small container commercial waste collection and municipal solid waste disposal services. In each of the local markets alleged in the complaint, WMI and ADS compete vigorously against each other and are either the only two or two of only a few significant providers of one or both of these essential services. The combination of the two companies would eliminate head-to-head competition between them and threaten the lower prices and better service that customers have realized from that competition.
Under the terms of the proposed settlement, WMI and ADS must divest assets covering over 50 local markets including landfills, transfer stations, hauling locations, and waste collection routes to GFL Environmental Inc., or to an alternate acquirer approved by the United States. GFL, based in Ontario, Canada, is a provider of small container commercial waste collection and MSW disposal in local markets in Canada and the Unites States.
WMI, a Delaware corporation, headquartered in Houston, Texas, had total revenues of over $15 billion in 2019.
ADS, a Delaware corporation headquartered in Jacksonville, Florida, had total revenues of over $1.6 billion in 2019.
As required by the Tunney Act, the proposed consent decree, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Katrina Rouse, Chief, Defense, Industrials, and Aerospace Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 8700, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon a finding that it serves the public interest.
Justice Department Requires Divestiture in Order for Liberty Latin America to Acquire AT&T's Telecommunications Operations in Puerto Rico and the U.S. Virgin IslandsRead the Press Release
The Department of Justice announced today that it is requiring Liberty Latin America Ltd. (Liberty), its subsidiary, Liberty Communications of Puerto Rico LLC (LCPR), and AT&T Inc. (AT&T) to divest certain fiber-based telecommunications assets and customer accounts in Puerto Rico, in order for Liberty to proceed with its proposed acquisition of AT&T’s wireline and wireless telecommunications operations in Puerto Rico and the U.S. Virgin Islands. The department has approved WorldNet Telecommunications, Inc. (WorldNet) as the acquirer.
The Justice Department’s Antitrust Division filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed merger. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the department’s complaint.
“The merger, as originally structured, would have eliminated competition for critical fiber-optic-based telecommunications services that businesses in Puerto Rico rely on every day,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Today’s settlement will ensure that businesses throughout Puerto Rico continue to benefit from vigorous competition in the provision of these services.”
According to the department’s complaint, Liberty and AT&T are two of the three largest wireline telecommunications providers in Puerto Rico and own two of the three most extensive fiber-based network infrastructures on the island. Liberty and AT&T each use their extensive network infrastructures to provide fiber-based connectivity and telecommunications services to enterprise customers, including businesses of all sizes as well as institutions, such as universities, hospitals, and government agencies. The complaint alleges that competition between Liberty and AT&T has resulted in lower prices and higher-quality services for these customers. According to the complaint, the combination of Liberty and AT&T would leave many customers with only one alternative and others with no competitive choice at all, likely resulting in increased prices and lower-quality services for enterprise customers across Puerto Rico.
Under the terms of the proposed settlement, Liberty, LCPR, and AT&T must divest certain wireline telecommunications assets and customer accounts in Puerto Rico to WorldNet or to an alternative purchaser approved by the United States. Specifically, the settlement requires the sale of (a) the fiber-based Columbus network in the metropolitan San Juan area that Liberty acquired as part of its purchase of Cable & Wireless Communications in 2016; (b) additional fiber assets, including fiber facilities and indefeasible rights of use, on Liberty’s network across the rest of the island; (c) retail fiber-based enterprise customer accounts served by Liberty today, with limited exceptions; (d) the right to pull fiber through Liberty’s conduit and attach fiber to Liberty’s telephone poles; and (e) an option to purchase segments of AT&T’s aerial fiber-based core network. The divestiture will place WorldNet in the position to become a strong competitor in the provision of fiber-based connectivity and telecommunications services to enterprise customers throughout Puerto Rico.
Liberty, a Bermuda corporation with its headquarters in Hamilton, Bermuda, and executive offices in Denver, Colorado, is a leading telecommunications operator in Latin America and the Caribbean. Liberty provides video services, internet access, and home telephony services to more than 6 million subscribers and mobile wireless services to approximately 3.6 million subscribers across this region. Liberty generated approximately $3.9 billion in revenues in 2019.
LCPR, a Puerto Rico limited liability company with its headquarters in San Juan, Puerto Rico, is an indirect wholly owned subsidiary of Liberty. LCPR is the largest cable company and a leading provider of fiber-based connectivity and telecommunications services in Puerto Rico. LCPR operates more than 3,000 route miles of fiber-optic infrastructure in Puerto Rico and uses this infrastructure to provide fiber-based connectivity and telecommunications services to enterprise customers located throughout the island.
AT&T, a Delaware corporation headquartered in Dallas, Texas, is a leading provider of telecommunications, media, and technology services globally and one of the largest providers of telecommunications services to enterprise customers in the United States. In Puerto Rico, AT&T provides fiber-based connectivity and telecommunications services to enterprise customers over fiber-optic infrastructure that spans over 3,500 route miles. AT&T generated approximately $180 billion in revenues in 2019.
WorldNet, a Puerto Rico corporation with its headquarters in Guaynabo, Puerto Rico, is the largest locally owned telecommunications provider in Puerto Rico. WorldNet provides a range of telecommunications services to enterprise and residential customers on the island.
As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Scott Scheele, Chief, Telecommunications and Broadband Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 7000, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon finding it is in the public interest.
Inland Empire 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
RIVERSIDE, California – 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 United States District Judge Jesus Bernal.
Today’s sentencing concludes a case in which Marquez pleaded guilty in 2017 to conspiracy to provided material support and resources to terrorists. 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 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 December 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.
“This defendant was an active member of a conspiracy that planned to inflict death and destruction on innocent people,” said First Assistant United States Attorney Tracy Wilkison. “Today’s sentence is the direct result of actions that enabled a terrorist and laid the foundation for an attack that took 14 innocent lives, wounded 22 others, and shook the entire nation. By his own admissions, this defendant collaborated with and purchased weapons for a man he definitively knew held radical and anti-American beliefs – and who wanted to kill innocent people.”
“Mr. Marquez could have intervened to support law enforcement instead of supporting terrorists,” said Kristi K. Johnson, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “He might have thwarted the December 2nd attack, but he chose to stay silent before being captured. While the terrorists – whose names we may prefer to forget – paid for their crimes with their lives, the prison sentence imposed on Mr. Marquez today may deliver a measure of justice to the victims of the attack for which Mr. Marquez supplied the instruments leading to their deaths and injuries.”
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 bombs 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 bomb manufacturing.
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 December 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.”
Once he completes his prison sentence, Marquez will be placed on supervised release for a term of 15 years.
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 United States 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, 35, the brother of IRC attacker Syed Rizwan Farook; Tatiana Farook, 36, who is Syed Raheel Farook’s wife; and Mariya Chernykh, 30, 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 later this year and 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, 67, of Corona, is currently scheduled to be sentenced by Judge Bernal on November 16.
Individual Charged with Cyberstalking Three VictimsRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Kenneth Kurson, also known as “Jayden Wagner” and “Eddie Train,” with stalking and harassing three individuals. Kurson surrendered to authorities earlier today in Brooklyn and will make his initial appearance this afternoon before United States Magistrate Judge Ramon E. Reyes.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.
As alleged in the complaint, between approximately November 2015 and December 2015, Kurson engaged in a pattern of stalking and harassment against three victims. As part of this pattern, Kurson used multiple aliases to file false complaints about two of the victims with their employer, post false negative reviews about one victim’s professional conduct on crowd-sourced review websites and made unsolicited contact with two of the victims. Kurson traveled on multiple occasions to the workplace of two of the victims, taking photographs and inquiring about one victim’s work schedule. During the investigation, the FBI gathered evidence that Kurson simultaneously engaged in a similar pattern of harassment against two other individuals. As a result of Kurson’s conduct, an employer of two of the victims hired a security guard.
“Kurson is alleged to have engaged in a disturbing pattern of retaliatory harassment that intimidated and alarmed several victims and their employer,” stated Acting United States Attorney DuCharme. “This Office is committed to protecting victims from malicious cyberstalking activity and apprehending criminals who try to rely on Internet anonymity to facilitate their crimes.”
“As alleged, Kurson bullied his victims by attacking their character online and attempted to intimidate them by showing up at their place of employment without a valid reason. The shadows of cyberspace may have provided him with some cover, but once his identity was revealed, he no longer had the benefit of a virtual retreat,” stated FBI Assistant Director-in-Charge Sweeney.
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys Nathan D. Reilly and Ryan C. Harris are in charge of the prosecution.
The Defendant:
KENNETH KURSON
Age: 52
Maplewood, NJE.D.N.Y. Docket No. 20-MJ-990
Greenbrier County Man Sentenced to More than 11 Years in Federal Prison for Attempted Sex Trafficking of a MinorRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that Michael Darnell Ramsey, 47, of Rainelle, was sentenced to 135 months in prison for attempted sex trafficking of a minor. Upon release from prison, Ramsey will serve a term of 25 years of supervised release and be required to register as a sex offender.
“As a result of the hard work and dedication of my team and our federal, state and local law enforcement partners, Ramsey is being held to account for his heinous crime,” said United States Attorney Mike Stuart. “We are working diligently to protect West Virginia children from child sex offenders like Ramsey.”
Ramsey previously pled guilty and admitted that he was communicating via Snapchat with a person he believed to be a 14-year-old minor that he had previously met in person. During these conversations, Ramsey offered to pay the 14-year-old $200 to engage in two sexual acts. On April 3, 2020, Ramsey traveled to a meeting location in Greenbrier County to meet the minor to engage in the commercial sex acts, at which time he was placed under arrest.
The West Virginia State Police, the Greenbrier County Sheriff’s Department, and the Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force conducted the investigation. United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Jennifer Rada Herrald handled the prosecution.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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. 5:20-cr-0070.
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Fraudster Pleads Guilty to COVID-19 Loan Fraud SchemeRead the Press Release
NEWPORT NEWS, Va. – A previously convicted felon pleaded guilty today to engaging in a COVID-19 related loan fraud scheme with losses of $196,000.
According to court documents, Joseph Cherry, 40, of Norfolk, who was previously convicted of federal felony charges involving fraud and money laundering, engaged in a scheme to obtain COVID-related loan benefits through the Small Business Administration (SBA) and affiliated lenders. In addition to traditional SBA funding programs, the CARES Act, which was signed into law in March 2020, established several new temporary programs and provided for the expansion of others to address the COVID-19 outbreak. Such programs include the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL).
In March and April 2020, Cherry submitted multiple applications for PPP and EIDL loans. Cherry provided false information on the loan applications related to his claimed businesses, income, employment and his criminal record. As a result of these false applications, Cherry fraudulently obtained $196,900 in loan proceeds from the U.S. Treasury into a bank account he established at Langley Federal Credit Union. In a brief period of time in April 2020, Cherry withdrew over $100,000 in the form of cash and a cashier’s check and made various purchases inconsistent with the purposes of the PPP and EIDL programs.
Cherry pleaded guilty to wire fraud and theft of government property. He faces a maximum penalty of 30 years in prison when sentenced on March 11, 2020. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Hannibal “Mike” Ware, Inspector General of the Small Business Administration (SBA); Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office; Kelly R. Jackson, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI); and Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement after U.S. Magistrate Judge Lawrence R. Leonard accepted the plea.
Assistant U.S. Attorney Brian J. Samuels 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. 4:20-cr-27.
Fourteen People Charged with Scheming to Defraud Banks and Individuals with Counterfeit CARES Act Stimulus ChecksRead the Press Release
NEWARK, N.J. – Fourteen people have been charged with scheming to defraud banks and individuals with counterfeit economic stimulus checks purportedly issued by the Treasury Department pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, U.S. Attorney Craig Carpenito announced today.
Charged by complaint with conspiracy to commit bank fraud are:
Defendant
Age
Residence
Justin Ezeiruaku
23
Berlin, New Jersey
Torri Pedro
24
Sicklerville, New Jersey
*Akume Ehoggi
25
Glassboro, New Jersey
Kassan Knight
23
Newark
Nakirah Matthews
21
Paulsboro, New Jersey
*Qwan Taylor
22
Pennsauken, New Jersey
*Kwaeson Watts
24
Lindenwold, New Jersey
*Nasir Johnson
23
Newark
*Daeson Monroe
25
Philadelphia
Daron Curry
24
Westville, New Jersey
Talib Crump
26
Philadelphia
*Noah Brent-Magri
21
Somerset, New Jersey
Isaiah White
23
Virginia Beach, Virginia
Ali Shoultz
23
Clementon, New Jersey
*denotes at-large
Knight, Pedro, Shoultz, Matthews and Curry made their initial appearances Oct. 22, 2020, by videoconference before U.S. Magistrate Judge Ann Marie Donio. Ezeiruako will make his appearance on Oct. 26, 2020. Crump is in custody in Philadelphia. White was arrested in Virginia and will have an initial appearance at a date to be determined.
According to documents filed in this case:
U.S. Postal Inspection Service (USPIS) postal inspectors and special agents with the U.S. Department of Homeland Security, Homeland Security Investigations (HSI), uncovered a nationwide scheme involving counterfeit economic stimulus checks deposited into bank accounts with the intent to defraud the banks. A network of individuals posted advertisements on Instagram and Snapchat offering people the ability to make “quick cash” if they banked at certain institutions. Some members of the conspiracy acquired individuals’ banking information using a ruse, while others printed the counterfeit stimulus checks that they deposited into the accounts. Members of the conspiracy used ATM machines, and peer-to-peer bank transfers, as well as debit cards, to make large purchases and large cash withdrawals. Individuals financed purchases of luxury cars and paid for their apartments with the stolen funds. In many cases, the individuals whose accounts were compromised suffered financial losses and credit problems, while others were complicit in the fraud.
The count of bank fraud conspiracy is punishable by a maximum sentence of 30 years in prison and a $1 million fine.
U.S. Attorney Carpenito credited inspectors with the USPIS Philadelphia Division, under the direction of Inspector in Charge Damon Wood, and Eastern Area, under the direction of Inspector in Charge Kenneth Cleevely; special agents of HSI, Cherry Hill, New Jersey, under the direction of Special Agent in Charge Jason J. Molina in Newark; special agents of HSI, Norfolk, Virginia, under the direction of Special Agent in Charge Raymond Villanueva, in Washington, D.C.; special agents of IRS - Criminal Investigations, under the direction of Special Agent in Charge Michael Montanez in Newark; the U.S. Marshals Service, District of New Jersey, under the direction of U.S. Marshal Juan Mattos; the office of the Treasury Inspector General for Tax Administration, under the direction of Special Agent in Charge Andrew McKay; the Pennsylvania Attorney General’s Office, under the direction of Attorney General Josh Shapiro; the Glassboro Police Department, under the direction of Chief John Polillo; the Winslow Township Police Department, under the direction of Chief George M. Smith; the Gloucester Township Police Department, Special Investigations Unit, under the direction of Chief David J. Harkins; the Pennsauken Police Department, under the direction of Chief Jon Nettleton; the Paulsboro Police Department, under the direction of Chief Gary Kille; the Lindenwold Police Department, under the direction of Chief Michael McCarthy; the West Whiteland Township Police Department, under the direction of Chief Lee Benson; the Pennsylvania State Police, under the direction of Capt. James Kemm; the Pennsylvania State Police Bureau of Gaming Enforcement, under the direction of Lt. Kevin Conrad; and the New Jersey State Police, under the direction of Col. Patrick J. Callahan, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Alisa Shver of the U.S. Attorney’s Office Criminal Division in Camden.
The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Former Office Manager for the Rapid City Rush Hockey Team Sentenced for Wire Fraud and Tax EvasionRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of two counts of Wire Fraud and one count of Tax Evasion was sentenced by Jeffrey L. Viken, U.S. District Judge.
Jennifer Durham, age 42, was sentenced on October 19, 2020, to 37 months in federal prison, and was ordered to pay $700,000 in restitution to The Rapid City Rush, $186,277.00 in restitution to the Internal Revenue Service, and a $300 special assessment to the Federal Crime Victims Fund and.
Between February 2010 and June 2019, Durham, while employed as the office manager for Rapid City Professional Hockey, LLC (RCPH), stole $700,000.00 from RCPH. As part of her duties, Durham was responsible for the business accounting records and recording and depositing cash receipts on behalf of RCPH. As part of her scheme to defraud, Durham caused fraudulent payments to herself in excess of her salary agreement, made unauthorized wire transfers from RCPH’s bank account to pay her personal credit card, made unauthorized wire transfers from RCPH’s bank account to her personal account, and fraudulently diverted cash proceeds for her own personal use. In order to cover up her theft, Durham made false entries into the RCPH accounting records to give the illusion the money she was stealing was spent on legitimate business expenses.
During the same time period, Durham also willfully attempted to evade or defeat taxes imposed under the Internal Revenue Code. Durham accomplished this by underreporting her income from tax years 2010 through 2018 by a total of $688,867.67, resulting in a tax loss of $186,277.00.
“Mrs. Durham used her position as Rush’s finance manager to embezzle hundreds of thousands of dollars for her own personal benefit. She did so for a period of nine years,” said Adam Steiner, Acting Special Agent in Charge of the IRS Criminal Investigation division in the St. Louis Field Office. “Mrs. Durham’s sentencing is a direct result of how serious the courts take federal crimes.”
The investigation was conducted by the Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Durham was ordered to self-surrender to the U.S. Marshals Service on January 19, 2021, to begin serving her custody sentence.
Former Gulfport Resident Pleads Guilty to Mail Theft ConspiracyRead the Press Release
Gulfport, Miss. – Timothy Frank Ross, 54, formerly of Gulfport, pled guilty yesterday before U.S. District Judge Sul Ozerden to conspiracy to commit theft of mail, announced U.S. Attorney Mike Hurst and Special Agent in Charge Chris Cave with the U. S. Postal Service Office of Inspector General, Southern Area Field Office.
From September, 2016, through March, 2017, Ross and co-conspirators stole mail from victims’ residences and their mail boxes in the Gulfport and Bay St. Louis areas. Ross and his co-conspirators cashed checks from the stolen mail and made deposits with stolen checks into a bank account controlled by a co-conspirator.
Ross was indicted by a federal grand jury on July 24, 2019. He will be sentenced by Judge Ozerden on January 22, 2021, at 9:30 a.m., in Gulfport. He faces a maximum penalty of 5 years in prison and a $250,000 fine.
The case was investigated by the United States Postal Inspection Service. It was prosecuted by Assistant U.S. Attorney Andrea Jones.
Former DARPA Program Manager Agrees to Settle Allegations of Improper Conversion of Government TechnologyRead the Press Release
ALEXANDRIA, Va. – A former Defense Advanced Research Projects Agency (DARPA) Program Manager and Founder and CEO of XeroWind, LLC of Falls Church, has agreed to pay $50,000 and surrender three patents to the United States government to settle allegations relating to his improper patenting of U.S. Government property and technology.
In July, the United States filed a lawsuit against Dr. Deepak Varshneya, of Falls Church, and XeroWind alleging conversion of government technology. The government’s complaint contended that while a DARPA Program Manager, Dr. Varshneya worked on a DARPA research program known as “ONE SHOT,” which developed a crosswind and range measuring rifle scope. Dr. Varshneya requested permission to patent the technology, but DARPA made the determination, pursuant to 37 C.F.R. Part 501, that the ONE SHOT technology was the sole property of the United States government. Dr. Varshneya did not appeal the determination and admitted that he worked on the ONE SHOT technology in the course of his government employment. Despite that determination and admission, Dr. Varshneya nonetheless filed a patent application with the U.S. Patent and Trademark Office covering that same technology, failing to make any mention of the government interest. Shortly after leaving DARPA, Dr. Varshneya filed two follow-on patent applications covering the same technology, and founded XeroWind, LLC to market the ONE SHOT technology.
The $50,000 monetary payment settles allegations that included breach of fiduciary duty of a government employee. In addition, the settlement requires Dr. Varshneya to surrender the three patents to the U.S. Government. The settlement includes a limited non-exclusive license agreement with Dr. Varshneya and XeroWind, allowing them to market the technology in certain markets but requiring payment of royalties to the United States government.
The resolutions obtained in this matter were the result of a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Virginia and the Department of Justice Intellectual Property Section.
The matter was handled by Assistant U.S. Attorney Kristin Starr and Department of Justice Trial Attorney Michel Souaya.
The civil claims settled by this settlement are allegations only; there has been no determination of civil liability. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Civil Case No. 1:20-cv-741.
Former Colorado Director for the Small Business Administration Pays $15,000 to Settle Claims for Violating Conflict-Of-Interest RulesRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Gregorio Lopez, a former official with the United States Small Business Administration (“SBA”), has paid $15,000 to settle a civil case alleging that after he left the SBA, he attempted to improperly influence actions of the SBA in violation of federal law.
Mr. Lopez was the Colorado District Director of the SBA between 2008 and 2014. The SBA provides counseling, capital, and contracting expertise to small businesses. While he was the Colorado District Director of the SBA, one project Mr. Lopez participated in involved a company called Morreale Hotels, LLC. As District Director, Mr. Lopez personally and substantially participated in efforts to help Morreale Hotels restructure its debt, including the SBA’s interests in a $1.7 million loan to Morreale Hotels guaranteed by the SBA under the SBA’s 504 loan program, which provides approved small businesses with financing for fixed assets, including the purchase and renovation of buildings.
After Mr. Lopez left the SBA in 2014, he attempted to influence the SBA’s handling of its loan guarantee by communicating with SBA employees on behalf of the owner of Morreale Hotels, who had become Mr. Lopez’s friend. To help his friend, on August 5, 2015 Mr. Lopez asked an SBA officer for a “favor” in obtaining SBA approval of a debt restructuring plan that would have benefited Morreale Hotels and its owner. A few months later, Mr. Lopez also asked another SBA administrator to help Morreale Hotels. Mr. Lopez’s attempts to influence the SBA were unsuccessful, and the SBA ultimately recovered the full amount of its loan guarantee.
On July 31, 2020, the United States filed a civil action against Mr. Lopez, United States v. Lopez, 20-cv-02265-RM-NRN (D. Colo.). The United States alleged that Mr. Lopez’s contacts with the SBA on behalf of the owner of Morreale Hotels violated the conflict of interest restrictions applicable to former federal employees pursuant to 18 U.S.C. § 207.
As part of the settlement, Mr. Lopez has acknowledged that the United States could prove the facts alleged in the civil action by a preponderance of the evidence. He has also paid $15,000 to resolve the claim.
“Mr. Lopez’s attempts to exert improper influence over a federal agency on behalf of his friend were serious violations of the rules for former federal officials,” stated United States Attorney Jason Dunn. “The American people deserve to have confidence that the federal government runs its programs without favoritism towards former officials. We commend the SBA for not being swayed by Mr. Lopez’s improper attempts.”
“Despite Mr. Lopez’s improper efforts behalf of the debtor, SBA’s Office of General Counsel working in coordination with its participant lender obtained full recovery of the outstanding loan balance,” said SBA Associate General Counsel for Litigation Eric S. Benderson. “The resolution of this lawsuit should serve as a deterrent to any former federal official from violating the conflict of interest rules for federal employees.”
“Attempting to improperly influence the federal government to help your friends is reprehensible,” said SBA OIG’s Western Region Special Agent in Charge Weston King. “OIG will aggressively root out fraud to protect the integrity of SBA’s programs, which are intended to provide vital assistance to the nation’s small businesses. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and commitment to seeing justice served.”
“The Denver Field Office of the FBI appreciated the opportunity to work alongside its colleagues from the US Attorney's Office - District of Colorado and the Small Business Administration Office of the Inspector General on this important investigation in furtherance of this impactful civil settlement outcome,” said FBI Denver Special Agent in Charge Michael Schneider.
This case was investigated by the Office of the Inspector General of the Small Business Administration and the Denver office of the FBI. Assistant U.S. Attorney Jasand Mock handled the civil action on behalf of the United States.
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.
Former Baltimore County Correctional Officer Sentenced to More Than 33 Years in Federal Prison for Two Counts of Production of Child PornographyRead the Press Release
Baltimore, Maryland – U.S. District Judge Stephanie A. Gallagher today sentenced Thomas Michael Mannion, Jr., age 46, of Parkville, Maryland, to 400 months in federal prison, followed by lifetime supervised release, for two counts of production of child pornography. Mannion previously admitted to engaging in sexually explicit conduct with two minor victims. Judge Gallagher also ordered that, upon his release from prison, Mannion must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; Chief Melissa R. Hyatt of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
“Thomas Mannion is a predator and our children and communities are safer because he will now serve more than 33 years in federal prison,” said U.S. Attorney Robert K. Hur. “We are grateful for the collaboration of our law enforcement partners to remove this sexual predator from the community so he can no longer victimize our children.”
“When the most vulnerable of our citizens – our children – are victimized we will do everything in our power to protect them and get predators such as this off the street,” said Jennifer C. Boone, Special Agent in Charge of the FBI Baltimore Field Office. “This case started with one person who was concerned with what they witnessed. Their willingness to step forward was critical to our ability to protect additional children from this predator. I would ask anyone with such information in the future to contact the nearest FBI office or submit tips online at https://tips.fbi.gov. ”
“Mannion preyed upon and exploited children, documenting his crimes to contribute to the horrific child exploitation material industry,” said John Eisert, Special Agent in Charge for Homeland Security Investigations’ Baltimore field office. “Homeland Security Investigations, along with our federal and local law enforcement partners, is committed to investigating and seeking prosecution of predators in our community.”
According to his guilty plea, Mannion, who was a Baltimore County Correctional Officer at the time, rented the basement apartment of a townhome in Parkville, Maryland, where he lived alone. On May 6, 2019, Baltimore County Police were called to a residence after a neighbor had seen Mannion in bed naked with Minor Victim 1, who was also unclothed. When police arrived, they located the minor victim, who was 13 years old at the time, in the basement bedroom area. Investigation revealed that Mannion had met the victim a few months before on a social networking application. Mannion had initially met Minor Victim 1 on March 9, 2019, and brought him to his apartment, where they engaged in sexually explicit conduct. Mannion took photos and videos of Minor Victim 1 during the sexual encounter. Mannion admitted that on March 12, 2019 and March 17, 2019, as well as on additional occasions, he distributed the sexually explicit images of Minor Victim 1 to others. Mannion took additional sexually explicit photographs of Minor Victim 1 on May 6, 2019. A forensic analysis of Mannion’s cellphone revealed 21 images and two videos depicting Minor Victim 1 engaged in sexually explicit activity on March 9, 2019, and an additional eight images of Minor Victim 1 documenting the sexual activity on May 6, 2019.
As detailed in the plea agreement, Mannion also communicated with Minor Victim 2, a 14-year-old male, through the social networking application. Mannion admitted that on April 17, 2019, Mannion went to the home of Minor Victim 2, where he engaged in sexual activity with the victim and took photographs and videos documenting the sexual contact. Mannion distributed the child pornography images of Minor Victim 2 to multiple other users of the social networking application. The forensic analysis of Mannion’s cellphone recovered 18 images and two videos documenting the sexual activity with Minor Victim 2.
According to the plea agreement, Mannion attempted to meet with several other minors with whom he communicated on the social networking application, even after the minors advised Mannion of their ages. Mannion also discussed his sexual interest in other children that he knew or had contact with during sexually explicit chats with users of the application. In addition, a review of Mannion’s laptop computer revealed multiple images of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the FBI, HSI, the Baltimore County Police Department, and the Baltimore County State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Mary W. Setzer, who prosecuted the federal case.
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Five Indicted in Central Minnesota Methamphetamine Trafficking ConspiracyRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging MIGUEL EDUARDO DEL REAL, 25, GERALD ALLEN JENSEN, 57, IVAN LOPEZ, 25, JUAN JOSE PANIAGUA JR., 24, and AARON MICHAEL STENQUIST, 49 with conspiring to distribute methamphetamine. The defendants will be arraigned in U.S. District Court before a Magistrate Judge at a later date.
According to the allegations in the indictment and documents filed with the court, between June 2020 and September 2020, members of the East Central Drug and Violent Offenders Task Force (ECDVOTF) received information that JENSEN was regularly selling pound-level amounts of methamphetamine. On September 16, 2020, ECDVOTF agents executed a search warrant at JENSEN’s residence and recovered $11,800.00 in U.S. currency and more than seven pounds of methamphetamine hidden inside PVC pipes. On September 18, 2020, ECDVOTF agents arrested PANIAGUA and LOPEZ, and recovered approximately 15.4 pounds of methamphetamine in vacuum sealed bags from within the trunk of LOPEZ’s vehicle. DEL REAL ran from the scene before he could be apprehended. ECDVOTF’s continued investigation revealed DEL REAL, PANIAGUA, LOPEZ, and STENQUIST’s were a part of the conspiracy with JENSEN.
This case is the result of an investigation conducted jointly by the DEA and the East Central Drug and Violent Offenders Task Force.
This case is being prosecuted by Assistant U.S. Attorney Allen A. Slaughter Jr.
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Defendant Information:
MIGUEL EDUARDO DEL REAL, 25
City of residence unknown
Charges:
- Conspiracy to distribute methamphetamine, 1 count
- Possession with the intent to distribute methamphetamine, 1 count
GERALD ALLEN JENSEN, 57
Brook Park, Minn.
Charges:
- Conspiracy to distribute methamphetamine, 1 count
IVAN LOPEZ, 25
St. Paul, Minn.
Charges:
- Conspiracy to distribute methamphetamine, 1 count
- Possession with the intent to distribute methamphetamine, 1 count
JUAN JOSE PANIAGUA JR., 24
City of residence unknown
Charges:
- Conspiracy to distribute methamphetamine, 1 count
- Possession with the intent to distribute methamphetamine, 1 count
AARON MICHAEL STENQUIST, 49
Isanti, Minn.
Charges:
- Conspiracy to distribute methamphetamine, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Findlay area priest indicted on charges of sex trafficking and coercionRead the Press Release
U.S. Attorney Justin Herdman announced today that a federal grand jury sitting in Cleveland has returned a 10-count indictment charging Michael J. Zacharias, age 53, with sex trafficking of a minor and sex trafficking of an adult and minor by force, fraud, or coercion. The defendant was arrested on August 18, 2020, and has remained in federal custody since that time.
“This defendant is accused of using his status and position as a religious and community leader to seek out troubled minors and exploit their personal challenges for his own satisfaction,” said U.S. Attorney Justin Herdman. “This indictment is a step towards finding justice for the victims, families and community harmed by the defendant and his alleged acts.”
“Michael Zacharias used his respected position to prey on and take advantage of youth and adults for his own sexual gratification,” said FBI Special Agent in Charge. “We must hold accountable to the fullest extent of the law those who violate their sacred trust to molest and harm our children. The FBI encourages anyone that may have been groomed or victimized by Michael Zacharias, and have not spoken to law enforcement yet, to contact the FBI at 1-877-FBI-OHIO (1-877-324-6446).”
According to court documents, from approximately 1999 to July of 2020, the defendant is accused of engaging in the activity of sex trafficking of a minor victim and using force, fraud, or coercion to sexually traffic other minors and adults. During this time, the defendant was enrolled as a seminarian and employed as a priest at various religious institutions in the Northern District of Ohio and elsewhere. The defendant is accused of allegedly using his position of trust to seek out underage, minor victims and guide them into performing sexual acts. In addition, the defendant is accused of using the drug addiction of his victims to coerce them into performing commercial sex acts.
In one instance, the defendant allegedly used his position to meet a minor victim at a local school while the defendant was enrolled in the seminary. The defendant allegedly groomed the minor victim, a process in which the sexual abuser befriends and establishes an emotional connection with a child, and sometimes also family members, to lower the child’s inhibitions with the objective of sexual abuse by providing him with attention, affection, money, gifts and inappropriate sexual comments. After establishing a connection, the defendant is accused of performing sex acts with the victim and creating a process in which the defendant would give the victim money to be used in order to further their drug addiction in exchange for the sexual acts. This behavior allegedly continued throughout the victims’ life into adulthood.
In another instance, the defendant is accused of grooming the underage sibling of one of his victims into similar behavior – using a drug addiction and money to maintain their relationship.
The FBI is encouraging anyone that has had contact with Michael Zacharias where they may have been groomed for possible future sexual purposes, they were inappropriately touched, or they were sexually assaulted by Michael Zacharias to contact the FBI at (216) 622-6842. All information will be strictly confidential.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted, the defendant’s sentence will be determined by the court after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys Tracey Ballard Tangeman and Deyana Unis.
Federal Grand Jury Returns Indictment in Connection with the Largest Liquid Methamphetamine Seizure by FBI in the El Paso AreaRead the Press Release
In El Paso, a federal grand jury indicted two individuals for possessing approximately 512 pounds of liquid methamphetamine, announced U.S. Attorney Gregg N. Sofer and FBI Acting Special Agent in Charge Britton Boyd.
The indictment, returned this week, charges 38-year-old El Paso resident Juan Francisco Padilla and 41-year-old Jamie Cuaron Garcia, a Mexican citizen living in El Paso, with one count of conspiracy to possess a controlled substance with intent to distribute and one substantive count of possession of a controlled substance with intent to distribute.
Court documents allege that on October 15, 2020, El Paso Police stopped a vehicle being driven by Padilla for a traffic violation. After obtaining consent to search the vehicle, officers discovered ten plastic containers filled with liquid methamphetamine and approximately $37,700 in U.S. Currency inside his vehicle. During a subsequent search of Padilla’s residence, authorities seized suspected drug distribution proceeds amounting to $2,000 in U.S. Currency and two firearms. Further investigation revealed that Cuaron assisted Padilla in the distribution of methamphetamine. The indictment further alleges that the defendants have been involved with their distribution scheme since September 2020.
Upon conviction, Padilla faces between 15 years and life in federal prison due to a previous felony drug conviction; Garcia, between ten years and life in federal prison. Both remain in federal custody at this time.
Members of the FBI’s Transnational Organized Crime Taskforce (TOC) are investigating this case. The TOC includes agents and investigators from the Drug Enforcement Administration, U.S. Customs and Border Protection and the El Paso Police Department.
“Methamphetamine or ‘meth’ is poison. It destroys lives and leads to nothing but tragedy and suffering. Those who profit from peddling this poison must be held accountable. I want to thank the FBI’s Transnational Organized Crime Taskforce for working to protect the El Paso community and for taking an enormous quantity of meth off of our streets,” stated U.S. Attorney Gregg N. Sofer.
“These arrests and seizures show the FBI’s resolve to target transnational criminal organizations bringing liquid methamphetamine and other dangerous drugs into the El Paso area,” said FBI Acting Special Agent in Charge Britton Boyd. “Our Transnational Organized Crime Taskforce was able to keep these dangerous drugs out of our communities and deny approximately 1.8 million dollars in illicit proceeds from a dangerous criminal organization.”
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
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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.
Engineering Firm and Its Former Executive Indicted on Antitrust and Fraud ChargesRead the Press Release
A federal grand jury in Raleigh, North Carolina returned an indictment charging Contech Engineered Solutions LLC and Brent Brewbaker, a former executive at the company, for participating in long-standing conspiracies to rig bids and defraud the North Carolina Department of Transportation (NC DOT), the Department of Justice announced.
According to the six-count indictment filed in the U.S. District Court for the Eastern District of North Carolina, Contech and Brewbaker conspired to rig bids for aluminum structure projects funded by the United States and North Carolina Department of Transportation for nearly a decade. These aluminum structure projects included headwalls and other structures that facilitate drainage underneath or around paved roads, bridges, and overpasses. Contech and Brewbaker were also charged with defrauding the NC DOT by submitting bids that were falsely held out to be competitive and free of collusion, and using the U.S. Postal Service and email to carry out their scheme.
“The Antitrust Division continues to redouble our efforts to detect and prosecute those who cheat and steal from taxpayers through collusion and fraud in government procurement,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “The division will work with all of our law enforcement partners to ensure that the individuals and corporations that defraud government programs are held fully responsible for their actions and pay for the harm they cause.”
“Federal laws prohibiting bid rigging and collusion in the award of government contracts are designed to protect the taxpayers and to ensure that they get the best quality service at the most competitive pricing,” said U.S. Attorney Robert J. Higdon Jr. for the Eastern District of North Carolina. “Here, the defendants are accused of having conspired to violate those laws and to deprive the people of North Carolina of both the best service and the best pricing. Prosecution of these types of cases is critical to ensuring fairness and integrity in our public contract bidding system.”
“Activities related to collusion, bid rigging, and market allocation do not promote an environment conducive to open competition which harms the consumer,” said Director Steven Stuller, U.S. Postal Service (USPS) Office of Inspector General. “The USPS spends hundreds of millions of dollars on new construction, maintenance, and renovation of USPS facilities. Along with the Department of Justice and our federal law enforcement partners, the USPS Office of Inspector General will aggressively investigate those who would engage in this type of harmful conduct.”
“Today’s indictment sends a clear message to those who engage in bid rigging and other criminal conduct that such actions will not be tolerated,” stated Jamie Mazzone, regional Special Agent-in-Charge of the United States Department of Transportation Office of Inspector General. “We remain steadfast in our commitment to working with our prosecutorial and law enforcement partners to protect the taxpayers’ investment in our nation’s transportation infrastructure from fraud, waste, and abuse.”
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The offense charged in Count One carries a statutory maximum penalty of 10 years in prison and a $1 million fine for individuals, and a criminal fine of $100 million for corporations. The offenses charged in Counts Two, Three, Four, Five, and Six each carry a statutory maximum penalty of 20 years in prison and $250,000 fines, and a criminal fine of $500,000 for organizations. The maximum fines for each count may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than the statutory maximum fine.
This case is the result of an ongoing federal antitrust investigation into bid rigging and other criminal conduct in the aluminum structures industry, which is being conducted by the Antitrust Division with the assistance of the USPS Inspector General, the U.S. Department of Transportation Office on Inspector General, and the U.S. Attorney’s Office for the Eastern District of North Carolina.
In November 2019, the Department of Justice created the Procurement Collusion Strike Force, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant, and program funding at all levels of government — federal, state, and local. To contact the Procurement Collusion Strike Force, or to report information on market allocation, price fixing, bid rigging, and other anticompetitive conduct related to the aluminum structures industry, go to https://www.justice.gov/procurement-collusion-strike-force.
Elk River Man Sentenced to 17 Years in Prison for Child PornographyRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of JOHN EDWIN KUHNEL, 41, to 204 months in prison for receipt and possession of child pornography. KUHNEL, who was convicted at trial on January 7, 2020, was sentenced earlier today before Chief Judge John R. Tunheim in U.S. District Court in St. Paul, Minnesota.
“Despite the many challenges this past year has presented, my office has not lost sight of our commitment to bringing child predators to justice. Prosecuting cases involving child exploitation remains a top priority,” said United States Attorney Erica H. MacDonald.
As proven at trial, between January 3, 2016, and November 29, 2016, KUHNEL, while under supervision for a previous conviction for criminal sexual conduct in the second degree, knowingly received and possessed more than 33,000 image and video files depicting sexually explicit conduct involving minors.
This case was the result of an investigation conducted by the FBI.
Assistant U.S. Attorneys Manda M. Sertich and Emily A. Polachek tried the case.
Defendant Information:
JOHN EDWIN KUHNEL, 41
Elk River, Minn.
Convicted:
- Receipt of child pornography, 9 counts
- Possession of child pornography, 2 counts
Sentenced:
- 204 months in prison
- 15 years of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
El Cajon Man Sentenced to 14 Years in Fentanyl Overdose DeathRead the Press Release
Assistant U. S. Attorney Larry Casper (619) 546-6734
NEWS RELEASE SUMMARY – October 23, 2020
SAN DIEGO – Christopher Glenn Emison of El Cajon was sentenced today by U.S. District Judge Anthony J. Battaglia to 168 months in prison for distributing more than 40 grams of fentanyl - including the fentanyl that caused the death of 45-year old Derrick Hotchkiss.
On April 11, 2019, Hotchkiss, who played rugby for the San Diego Old Aztecs Rugby Football Club for many years and continued to attend matches, overdosed on fentanyl and died at his home in San Diego. Upon responding to the death scene, law enforcement officials recovered Hotchkiss’ cellular telephone and located a text message exchange between Emison and Hotchkiss indicating that the defendant sold fentanyl to Hotchkiss the night before his death.
In imposing sentence, Judge Battaglia said, “Dealing in drugs is dangerous. Dealing in fentanyl is deadly.” He also explained that, “For those that survive the victim, they have a whole lifetime to consider [what happened] and to grieve.”
“This case and the fact that deadly fentanyl continues to ravage our community, taking more than 300 lives this year alone in San Diego County, demonstrates the urgent need to hold these dealers of death accountable for their actions” said U.S. Attorney Robert Brewer. “Law enforcement must continue to devote resources to the opioid epidemic and stop those who profit from drug trafficking, while robbing sons and daughters of their parents, and parents of their children.”
“Selling drugs is not a victimless crime. Selling drugs is a root cause of crime, cartel violence, the destruction of families, and in this case, death,” said DEA Special Agent in Charge John W. Callery. “If you make the choice to sell drugs, DEA and our law enforcement partners will work tirelessly to bring you to justice.”
On the same day as Hotchkiss’ death, law enforcement executed a search warrant at Emison’s residence and seized 11.6 grams of fentanyl; 95.6 grams of heroin residue; a loaded Ruger .357 Magnum revolver on Emison’s bed; a .22 calibert semi-automatic rifle; over 1,000 rounds of various caliber ammunition; a “butane honey oil” (hash oil) extraction laboratory; a digital scale; a “pay and owe” notebook; and considerable evidence of Emison’s own drug usage. A search of Emison’s vehicle yielded additional ammunition and firearms.
After waiving his Miranda rights, while speaking with agents, Emison acknowledged his understanding of the dangers associated with the drug he was selling, as he told agents that fentanyl was “as dangerous as shit.” Emison also told law enforcement to handle the “China,” meaning the fentanyl, in his residence with care and claimed to have warned the victim about the drug’s strength, although the text messages he apparently sent to the victim with that warning after he sold the fentanyl did not generate a response and, thus, apparently came too late.
Hotchkiss’ mother, who addressed the court at sentencing, explained that her “life was shattered” when she was informed of her son’s death. In filed papers, she wrote: “I don’t know why these guys are selling [fentanyl], whether it’s money or they themselves are using, but if this is going to save another mother’s son then I’m glad they were arrested.” Hotchkiss’ spouse also told the court in filed papers that their young son “does not have a father” and he “will have no memories of [his father], just photographs and stories that I will share.”
The Old Aztecs Rugby Football Club also noted that, “we continue to grieve our beloved Deez…Saturdays won’t be the same; he was a large man with a heart to match.”
U.S. Attorney Brewer praised prosecutor Larry Casper as well as the agents from Narcotics Task Force Team 10 and the El Cajon Police Department. Team 10 is a multi-agency team housed by DEA that was created in July 2018 to address drug overdose deaths in San Diego.
Co-defendant Jeffrey Alden Blair pleaded guilty on February 26, 2020 and is scheduled to be sentenced on November 23, 2020.
DEFENDANTS Case Number 19cr3252-AJB
Christopher Glenn Emison Age: 33 El Cajon, California
Jeffrey Alden Blair Age: 34 San Diego, California
SUMMARY OF CHARGE
Distribution of Fentanyl – Title 21 U.S.C. Section 841(a)(1) and (b)(1)(C)
Maximum Penalties – Mandatory minimum of five years, and maximum of 40 years in prison and $5 million fine
INVESTIGATING AGENCIES
Drug Enforcement Administration
San Diego Medical Examiner’s Office
El Cajon Police Department
Eight Individuals Charged in Crystal Methamphetamine Distribution ConspiracyRead the Press Release
Two Defendants Remain at Large.
GRAND RAPIDS, MICHIGAN - United States Attorney Andrew Birge announced today that eight individuals have been charged in federal court for their involvement in a crystal methamphetamine distribution conspiracy that spanned several cities in western Michigan. During the course of the investigation, which began in December 2019 and continued through October 2020, law enforcement seized over 18 pounds of crystal methamphetamine, two firearms, and over $27,000 in drug proceeds. Six defendants have been arrested; two remain at large.
On October 21 and 22, 2020, Larry James Martz, 51, of Plainwell, Sara Ann Whittemore, 35, of Hopkins, Dwayne Deshaun Parks, 30, of Kalamazoo, Ronald Lee Sutherland, 52, of Allegan, and Charles William-Maurice Hudson, 35, of Battle Creek, were arrested and made their initial appearances in federal court on indictments returned by a federal grand jury. Timothy Mark Calicutt, 50, of Kalamazoo, and Michael Chad Sutherland, 45, of Allegan, were also charged. Calicutt and Michael Chad Sutherland, pictured below, remain at large and law enforcement is soliciting assistance in finding them. All defendants are charged with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine, which carries a mandatory minimum period of 10 years in prison and a maximum of life in prison. Michael Chad Sutherland and Calicutt are also facing firearms charges.
Jackie Lee Cherry, Jr., 33, of Muskegon Heights, was arrested on a separate criminal complaint that charges him with possession with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine. If convicted, Cherry faces a mandatory minimum period of 5 years in prison and a maximum period of 40 years in prison.
The Drug Enforcement Administration (DEA) in partnership with the Southwest Enforcement Team (SWET) and West Michigan Enforcement Team (WEMET) of the Michigan State Police (MSP) began the investigation into this methamphetamine distribution ring in December 2019. The Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF) Program, which employs the expertise of the DEA and numerous federal agencies to comprehensively target and dismantle drug trafficking and money laundering organizations, supported this multi-agency investigation. The case is being prosecuted by Assistant United States Attorney Dan McGraw.
The charges in an indictment and criminal complaint are merely accusations, and all defendants are presumed innocent until and unless proven guilty in a court of law.
Timothy Mark Calicutt, 50, of Kalamazoo, Michigan, wanted on a federal arrest warrant.
Michael Chad Sutherland, 45, of Allegan, Michigan, wanted on a federal arrest warrant.
If members of the public have information that could lead to the arrest of Timothy Mark Calicutt or Michael Chad Sutherland, they are encouraged to call the United States Marshals Service at (616) 456-2438.
###Doctor Pleads Guilty to Social Security FraudRead the Press Release
SAN JUAN, P.R. – Defendant Americo Oms-Rivera plead guilty before United States District Judge Francisco A. Besosa to conspiracy to commit wire fraud, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
On August of 2016, a Federal Grand Jury in the District of Puerto Rico returned a 16-count indictment charging doctor Americo Oms-Rivera, his secretary Mayte González Muñoz, and Francisco Cabrera Alvarado, a former Social Security Administration (SSA) employee, for fraud in the application process for SSA disability insurance benefits in Puerto Rico. González-Muñoz and Cabrera Alvarado plead guilty on March of 2017.
The SSA is responsible for the implementation of the Disability Insurance Benefits Program. The SSA provides monetary benefits to workers with severe, long-term disabilities, who have worked in SSA covered employment for a required length of time. Spouses and dependent children of disabled workers may also be eligible to receive benefits.
Pursuant to SSA regulations, a claimant must prove to SSA that he or she is disabled by furnishing medical and other evidence with the application. The application and supporting evidence is then evaluated by SSA to determine the individual’s medical impairments and determine the effect of the impairment on the claimant’s ability to work on a sustained basis.
The defendant admitted that starting on March 2009, until on or about October of 2015, the defendant and other co-conspirators knowingly and willfully conspired and agreed together and with each other, to devise a scheme and artifice to defraud the SSA, and to obtain money and property by means of materially false and fraudulent pretenses, representations and promises. For example, Oms Rivera would backdate medical records of patients applying for disability insurance benefits by creating fictitious medical appointments that never took place. This was done to create the appearance of a longer history of medical treatment and for the purpose of tricking or deceiving the SSA into approving disability insurance benefits.
As part of the plea agreement, Oms Rivera will pay SSA $321,000 in restitution, and agreed to the forfeiture of a property at Palmas del Mar, Humacao. In addition, Oms Rivera will surrender his DEA license, and will be excluded from participating in SSA cases, as well as Medicare, Medicaid and all other federal health care programs.
“We will continue to aggressively investigate and prosecute anyone who seeks to defraud or exploit the federal assistance programs established to help the most vulnerable of our communities,” said U.S. Attorney Muldrow. “This defendant abused the trust placed in him as a professional for personal gain. We thank our law enforcement partners for their years-long investigation and commitment to this case.”
“Today’s guilty plea represents years of hard work by OIG investigators as well as the U.S. Attorney’s Office, to gather evidence of this fraud scheme,” said Gail S. Ennis, Inspector General of the Social Security Administration. “Dr. Oms submitted false medical evidence in support of Social Security disability claims, which is a betrayal of the public trust—one we take very seriously. We will continue to pursue those who facilitate Social Security fraud, and I encourage the citizens of Puerto Rico to report allegations to our hotline at oig.ssa.gov.”
This case was investigated by the Social Security Administration Office of the Inspector General, New York Field Division, under the supervision of Special Agent-in-Charge John F. Grasso. Special Assistant United States Attorney Vanessa D. Bonano-Rodríguez from the Social Security Administration was in charge of the prosecution of the case.
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Detroit Man Pleads Guilty to Federal Drug CrimeRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that Devon Lamar Lockridge, 34, of Detroit, Michigan, pleaded guilty to possession with the intent to distribute more than 50 grams of methamphetamine. Lockridge was charged as a result of a traffic stop in Beckley.
“Mich-again. So many ‘Detroiters’ prosecuted in this district, we may have enough to build a new suburb. Lockridge, who made the really bad decision to smoke marijuana in a speeding taxi, had almost 800 grams of meth and 46 grams of heroin in his bag,” said United States Attorney Mike Stuart. “This timely drug bust by law enforcement once again kept a Detroit drug dealer from peddling a significant amount of deadly drugs in our communities.”
Lockridge admitted that on August 12, 2020, he was a passenger in a taxi in Beckley that was pulled over by police for speeding. During the traffic stop, officers smelled marijuana. Lockridge admitted to smoking marijuana. A drug detecting canine also indicated to the presence of controlled substances in the taxi. Based on this information, officers searched the car. During the search, officers found a bag belonging to Lockridge. In the bag, officers found almost 800 grams of methamphetamine packaged in fourteen separate bags, and approximately 46 grams of heroin. Lockridge admitted that he knew the drugs were in that bag and that he intended to distribute the drugs to others.
Lockridge faces not less than five years and up to 40 years in federal prison and up to a $5 million fine, to be followed by at least four years of supervised release, when he is sentenced on February 5, 2021.
Stuart commended the cooperative investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Raleigh County Sheriff’s Department, the Beckley Police Department, and the Beckley/Raleigh County Drug and Violent Crime Unit. Each agency provided essential support throughout this investigation.
Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. The plea hearing was held before United States District Judge Frank W. Volk.
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. 5:20-cr-00155.
Follow us on Twitter: SDWVNews and USAttyStuart
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Dade City Man Charged with COVID Relief FraudRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of a criminal complaint charging Keith William Nicoletta (48, Dade City) with bank fraud and illegal monetary transactions. Nicoletta was arrested earlier this week. If convicted, he faces a maximum penalty of 40 years in federal prison.
According to the
complaint , in or about May 2020, Nicoletta fraudulently secured more than $1.9 million in emergency funds associated with a Paycheck Protection Program (“PPP”) loan.The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law enacted March 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in potentially forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if the business spends the proceeds on these expenses within a set time-period and uses at least a certain percentage of the loan toward payroll expenses.
Nicoletta’s PPP loan application falsely claimed that Nicoletta had a local scrap metal business with 69 employees whose purported monthly payroll expenses exceeded $760,000—or more than $9 million annually. In truth, Nicoletta had reported no wages to the State of Florida for any employees for 2019 or 2020.
Once the emergency loan was secured, Nicoletta did not use the PPP funds for qualified expenses. Instead, he immediately laundered the money, transferring it between various accounts at different financial institutions. He also withdrew over $100,000 in cash. Nicoletta then purchased a 2020 Mercedes for more than $106,000 and a 2020 special edition Ford F-250 pickup valued at over $66,000. He also wired approximately $537,000 to a property management company in south Florida. None of the money was used for payroll.
A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation, Tampa Field Office. It is being prosecuted by Assistant United States Attorney Kristen A. Fiore.
DEA announces 19th National Prescription Drug Take Back DayRead the Press Release
WASHINGTON & PUERTO RICO – DEA is holding its 19th National Prescription Drug Take Back Day on Saturday, Oct. 24 at locations across The United States Virgin Islands, and Puerto Rico. The nationwide event aims to provide a safe, convenient, and responsible means of disposing of prescription drugs, while also educating the public about the potential for abuse of medications. 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.
Collection sites will adhere to local COVID-19 guidelines and regulations in order to maintain the safety of all participants and local law enforcement.
“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 Caribbean Division Special Agent in Charge said, “Every Take Back event is significant, on October 2019 over 3,300 lbs were collected in Puerto Rico and the USVIs. Due to the pandemic, many physical or emotional illnesses have increased the chances of accumulating prescription drugs in our homes and workplaces. Do not become a dealer without knowing it. Dispose of all medicines this Saturday or contact the FDA and EPA to learn how to dispose of them appropriately any day of the year.”
“We are so grateful that DEA continues to provide opportunities for Virgin Islanders to dispose of unused prescription drugs,” said Gretchen C.F. Shappert, United States Attorney for the Virgin Islands. “Removing these drugs from our homes makes our communities safer.”
DEA wants the public to learn 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.
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.
Prescription Drug Take Back Locations, Saturday, Oct. 24th:
On St. Croix: Kingshill and Gallows Bay Post Offices, 10:00 a.m. to 2:00 p.m.
On St. Thomas: Sugar Estate Post Office, 10:00 a.m. to 2:00 p.m.
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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DEA Prepares for Prescription Drug Take Back DayRead the Press Release
KNOXVILLE, Tenn. On Saturday, Oct. 24, from 10 a.m. to 2 p.m., the U.S. Drug Enforcement Administration will provide the public the opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused and unwanted prescription drugs. Location information is available from the DEA. These sites cannot accept liquids, needles or sharps, only pills or patches, and this service is free and anonymous, no questions asked.
This October’s event is DEA’s 19th nationwide event since its inception 10 years ago. Last fall, Americans turned in nearly 883,000 pounds of prescription drugs at nearly 6,200 sites operated by the DEA and almost 5,000 from its state and local law enforcement partners. DEA and its partners have collected nearly 6,350 tons of expired, unused, and unwanted prescription medications since the inception of the National Prescription Drug Take Back Initiative in 2010.
To keep everyone safe, collection sites will follow local COVID-19 guidelines and regulations.
“The abuse of opioids and prescription drugs is at an all-time high in our country. Help us by working together with our law enforcement partners by cleaning out cabinets and disposing of unwanted medicines year round,” said U.S. Attorney J. Douglas Overbey.
“With America in the grips of the COVID-19 Pandemic, we’re seeing an alarming rise in overdose deaths,” said Special Agent in Charge Todd Scott, head of DEA’s Louisville Division. “There’s never been a more important time to rid our homes of medicines we’re not using and keep them away from those who might abuse or misuse them.”
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses because of these drugs.
In addition to DEA’s National Prescription Drug Take Back Day, there are many other ways to dispose of unwanted prescription drugs every day, including the 11,000 authorized collectors that are available all year long. For more information, visit DEA’s year-round collection site locator.
The FDA also provides information on how to properly dispose of prescription drugs. More information is available here: https://www.fda.gov/consumers/consumer-updates/where-and-how-dispose-unused-medicines.
For more information about the disposal of prescription drugs or about the October 24 Take Back Day event, go to www.DEATakeBack.com.
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Costa Rican Living in El Paso Indicted for Fraudulent Lottery Scheme -- Stole more than One Million Dollars from Unsuspecting IndividualsRead the Press Release
In El Paso, the federal grand jury indicted 39-year-old Allan Francisco Castrillo Bastos, a citizen of Costa Rica residing in El Paso, in connection with a scheme to steal over $1 million from dozens of unsuspecting individuals who believed they had won the lottery and had to pay a tax in advance of receiving their winnings. On Wednesday, Castrillo Bastos waived arraignment and entered a plea of not guilty to the charges contained in the indictment.
That announcement was made by U.S. Attorney Gregg N. Sofer; Acting FBI Special Agent in Charge Britton Boyd, El Paso Division; Special Agent in Charge Scott Redington of the Office of Inspector General for the Board of Governors of the Federal Reserve System-Bureau of Consumer Financial Protection; and, Acting Homeland Security Investigations (HSI) Special Agent in Charge Erik P. Breitzke, El Paso Division.
A 13-count federal grand jury indictment charges the defendant with conspiracy to commit wire fraud, ten counts of wire fraud, making a false statement to obtain credit and conspiracy to commit money laundering. The indictment alleges that the defendant participated in, or caused, a series of fraudulent wire transfers between August 2018 and March 2019. The victims wire transferred funds to the defendant believing they won the lottery and needed to pay taxes before collecting any prize money. Subsequently, the defendant transferred the fraudulently obtained funds to accounts outside the U.S. As a result, Castrillo Bastos pocketed over $1 million from dozens of unsuspecting individuals. One of those victims was a resident in the Salem, NJ, area who lost approximately $170,000 to Castrillo Bastos.
Furthermore, the indictment alleges that in March 2019, Castrillo Bastos knowingly made a false statement on an application for renewal of a loan or line of credit with a financial institution. Castrillo Bastos misrepresented his income by failing to disclose that it was fraudulently obtained and he disguised the income as derived from the sale of Bitcoin.
The indictment also includes a notice of criminal forfeiture in which the government is seeking to forfeit proceeds derived from his scheme as well as a money judgment against Castrillo Bastos in the amount of $1,219,357.42.
Upon conviction, Castrillo Bastos faces up to 30 years in federal prison for making a false statement to obtain credit; up to 20 years in federal prison for each of the remaining counts. Castrillo Bastos remains on $75,000 bond following his arrest last week. No further court dates have been scheduled.
FBI, OIG-Board of Governors of the Federal Reserve System-Bureau of Consumer Financial Protection, and HSI are conducting this ongoing investigation. Assistant U.S. Attorney John Johnston is prosecuting this case on behalf of the government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
If you believe you are a victim of internet-based fraud activity, please visit the FBI’s Internet Crime Complaint Center website at https://www.ic3.gov/default.aspx.
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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.
Connecticut Man Sentenced on Federal Drug ChargeRead the Press Release
BANGOR, Maine: A Waterbury, Connecticut man was sentenced yesterday in federal court in Bangor for possessing heroin with intent to distribute, U.S. Attorney Halsey B. Frank announced.
U.S. District Judge John A. Woodcock, Jr. sentenced Carlos Pemberton, a/k/a “Pepa,” 43, to 46 months in prison, three years of supervised release and a $5,000 fine. Pemberton pleaded guilty in January 2020.
According to court records, on March 26, 2018, officers with the Indian Township Police Department conducting a child welfare check at a residence in Indian Township discovered Pemberton in a bedroom. Pemberton was in possession of a backpack and a duffle bag that contained, among other items, heroin and drug paraphernalia. He was also in possession of $7,266.00 in cash.
The Indian Township Police Department and the U.S. Drug Enforcement Administration investigated the case.
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Columbia Man Convicted of Drug and Firearms Crimes in First Federal Criminal Jury Trial Since PandemicRead the Press Release
Columbia, South Carolina --- United States Attorney Peter M. McCoy, Jr. announced today that Kenyada Jaqu, 45, of Columbia, was convicted following a jury trial in federal court for possession with intent to distribute heroin and methamphetamine, conspiracy to possess with intent to distribute and to distribute heroin and methamphetamine, being a felon in possession of firearms, and possessing firearms in furtherance of drug trafficking. This was the first criminal trial in the District of South Carolina since the start of the COVID-19 pandemic.
“This office has not rested in its efforts to protect the people of South Carolina, to uphold the rule of law, and to vigorously prosecute lifelong criminals like Mr. Jaqu. This work will not stop.” said U.S. Attorney McCoy. “I commend our team’s success, which would not have been possible without the diligent work of the DEA and the Richland County Sheriff’s Department.”
“The successful results of this investigation should let career criminals like Mr. Jaqu know that those who flood our streets with dangerous drugs like heroin and methamphetamine, will ultimately be brought to justice,” said Robert J. Murphy, Special Agent in Charge of the Drug Enforcement Administration (DEA) Atlanta Field Division. “DEA remains committed to removing dangerous drug dealers who make a living poisoning our communities.”
“This guy has been a thorn in our side for years,” said Richland County Sheriff Leon Lott. “He had just been released from state prison on drug charges, when he was arrested by us — again. So, I’m glad that this joint operation has led to charges that will keep him off our streets for a long time.”
Evidence presented by the Government during the three-day trial established that on March 11, 2019, Jaqu was a passenger in a car stopped by a deputy with the Richland County Sheriff’s Department. During a subsequent search of the vehicle, the deputy located several suspected controlled substances. Later that day, law enforcement searched a hotel room and a residence associated with Jaqu, where they found two firearms, additional suspected controlled substances, and drug paraphernalia. Additional investigation revealed that Jaqu’s drug trafficking activities stretched back at least as far as March, 2015. Federal law prohibits Jaqu from possessing firearms due to prior state felony convictions for attempted strong arm robbery, distribution of heroin, and possession of heroin.
United States District Judge J. Michelle Childs presided over the trial and will sentence Jaqu after receiving and reviewing a pre-sentence report prepared by the United States Probation Office. Jaqu faces at least fifteen years in federal prison. During the trial, the court took additional safety measures in light of the pandemic. Large, plexiglass shields separated the jurors, the movement of attorneys about the courtroom was limited, and attorneys and witnesses wore masks unless they were speaking.
The case was investigated by the DEA and Richland County Sheriff’s Department. Assistant United States Attorneys Jason Peavy of the Columbia office and Katherine Flynn of the Florence office are prosecuting 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.
Clean Out Your Medicine Cabinet. Tomorrow is Prescription Drug “Take Back Day” in SpokaneRead the Press Release
Spokane – William D. Hyslop, United States Attorney for the Eastern District of Washington, announced that this Saturday, October 24, 2020, is National Prescription Drug “Take Back Day.”
The United States Attorney’s Office along with the United States Drug Enforcement Administration (“DEA”) and the Spokane Police Department will be hosting a drive-thru collection site at the Boy Scouts of America, Inland Northwest Council, located at 411 Boy Scout Way from 10:00 a.m. to 2:00 p.m. Residents can enter at the intersection of Washington and Boy Scout Way (near the east end of the Spokane Memorial Arena parking lot), drive through and drop off unused medications on a “no questions asked basis,” and drive out the southern end of the parking lot.
This event will give the public its 19th opportunity in ten years to prevent pill abuse and theft by ridding their homes of potentially dangerous, expired, unused, and unwanted prescription drugs. DEA will accept vaping devices and cartridges, provided they do not contain lithium ion batteries, at any of it drop off locations. If batteries cannot be removed prior to drop-off, DEA encourages individuals to consult with stores that recycle lithium ion batteries. (Sites cannot accept liquids, needles or sharps, only pills or patches.) The service is free and anonymous, no questions asked.
To keep everyone safe, collection sites will follow local COVID-19 guidelines and regulations.
Last fall, Americans turned in nearly 883,000 pounds of prescription drugs at nearly 6,300 sites nationwide operated by the DEA and almost 5,000 of its state and local law enforcement partners. DEA, along with its law enforcement partners, has now collected nearly 6,350 tons of expired, unused, and unwanted prescription medications since the inception of the National Prescription Drug Take Back Initiative in 2010. In its 18 previous “take back” events, Washington State alone has collected 15,624 pounds of prescription drugs. Overall, in its 18 previous Take Back events, the State of Washington has collected 256,418 tons of expired, unused, and unwanted prescription medications.
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. 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.
United States Attorney Hyslop said, “Prescription Drug ‘Take Back Day’ is an important service provided by the DEA and its local and Tribal law enforcement partners that helps in the prevention of opioid addiction and overdoses. Everyone needs to look in the medicine cabinet and then drop off unused medications. Everyone is urged to participate in this event to safely and anonymously dispose of their expired and unused prescription medications and vaping devices and cartridges. Come snow in Spokane, sleet, COVID-19 and other challenges, we will be there for you!”
“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.”
“Far too often we see the tragic end result of misuse and abuse of prescription drugs. Opioids, including oxycodone and hydrocodone, are a highly addictive drug that while dangerous enough alone, can also lead to addiction to other illegal drugs like heroin. Once hooked, users may likely face a life of drug addiction, crime, and ultimately death.” Spokane Police Chief Craig Meidl.
In addition to DEA’s National Prescription Drug Take Back Day, there are many other ways to dispose of unwanted prescription drugs every day, including the 11,000 authorized collectors that are available all year long. For more information, visit DEA’s year-round collection site locator.
The FDA also provides information on how to properly dispose of prescription drugs. More information is available here: https://www.fda.gov/consumers/consumer-updates/where-and-how-dispose-unused-medicines.
Year-round disposal sites in the Spokane area are located as follows:
• Public Safety Building: 1100 W. Mallon Ave. Spokane 99201
• SPD North Precinct/C.O.P.S. Northeast: 5124 N. Market St. Spokane 99217
• Providence Holy Family Hospital: 5633 N Lidgerwood St. Spokane 99208
• Providence Sacred Heart Hospital: 120 W 8th Ave Spokane 99204 Pharmacy
• Spokane County Sheriff’s Department: 12710 E Sprague Ave Spokane Valley 99216
• SPD Downtown Precinct: 221 W 1st Ave Spokane 99201
• Walgreens: 7905 N Division St Spokane 99208
• Walgreens: 12312 E Sprague Ave Spokane Valley 99216
• Airway Heights PD: 1307 Ziegler St. Airway Heights 99001
• The NATIVE Project: 1803 Maxwell Ave Spokane 99201
For more information about additional collection sites in Eastern Washington and the disposal of prescription drugs for the October 24, 2020, Take Back Day event, go to www.DEATakeBack.com
Caneadea Woman Pleads Guilty to Preparing False Tax ReturnsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Amanda L. Rickard, 40, of Caneadea, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to aiding or assisting in the preparation of a false or fraudulent tax return. The charge carries a maximum penalty of three years in prison and a $100,000 fine.
Assistant U.S. Attorney Charles M. Kruly, who is handling the case, stated that between 2011 until 2018, the defendant prepared income tax returns for friends and acquaintances. During that time, Rickard reported materially false information on her clients’ individual income tax returns.
For example, in April 2018, the defendant prepared and filed a tax return for Client 1, which identified a child, Dependent 1, as Client 1’s nephew and dependent. However, Dependent 1 was not Client 1’s nephew, and Client 1 did not provide support for Dependent 1 during 2017. As a result of the false statement, Client 1 claimed an entitlement to a tax refund to which Client 1 was not entitled.
Between 2011 and 2018, Rickard prepared and filed 23 individual tax returns which identified dependents that the taxpayer was not entitled to claim. The defendant maintained a notebook identifying the names, dates of birth, and Social Security numbers of a number of children—including Dependent 1—whose parents had not claimed them as dependents on their own tax returns. Rickard then used this information to prepare the materially false tax returns on her clients’ behalf. During that same time period, the defendant also prepared and submitted individual tax returns on behalf of taxpayers who had not authorized her to do so.
As part of her plea agreement, the defendant will pay the Internal Revenue Service restitution totaling $78,591. In addition, she will pay restitution of $19,722 to the New York State Department of Taxation and Finance.
The plea is the result of an investigation by the Internal Revenue Service Criminal Investigation, under the direction of Special Agent-in-Charge Jonathan D. Larsen.
Sentencing is scheduled for February 23, 2020, before Judge Sinatra.
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Buffalo Man Pleads Guilty for His Role in Cocaine Conspiracy Stretching from El Paso, Texas to BuffaloRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Lance Parker, 43, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that in July 2018, the defendant conspired with co-defendants Edgar Pavia, Adrian Goudelock, Eric Young, and others, to sell cocaine. Pavia is alleged to have brokered bulk quantity cocaine from the Southwest border to multiple areas in the country including Buffalo, NY, Kentucky, and Georgia.
On July 25, 2018, defendant Parker met Young in a parking lot in West Seneca. Parker was observed by investigators removing a bag from his pick-up truck and putting it in the driver’s side of the tractor-trailer that Young was operating. Parker was further observed removing a different bag from the tractor-trailer. In addition to physical surveillance, helicopter surveillance also monitored the transaction. Investigators subsequently seized both bags, one contained 17 kilograms of cocaine, and the other contained 52 shrink-wrapped and taped bundles of currency, totaling $519,580. Law enforcement officers also found three plastic wrapped packages of bulk U.S. currency totaling $145,380 secreted in the tractor-trailer. A phone seized from Parker revealed text messages from co-defendant Goudelock with instructions where to go to find the tractor-trailer.
Charges remain pending against defendants Pavia, Goudelock, and Young. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by Homeland Security Investigations (HSI) - Buffalo, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Police, under the direction of Major James Hall; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. Additional assistance was provided by the New York National Guard; HSI-Louisville; the Kentucky State Police; the Louisville Metro Police; and the Greater Hardin County Drug Task Force.
Sentencing is scheduled for February 23, 2021, at 2:00 p.m. before Judge Sinatra.
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Buffalo Man Arrested on Fentanyl, Heroin and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Savon Barnes, 28, of Buffalo, NY, was arrested and charged by complaint with possessing with intent to distribute, and distributing, fentanyl, possessing with intent to distribute heroin, and possession of a firearm in furtherance of drug trafficking activity. The charges carry a mandatory minimum penalty of 10 years in prison, and a maximum of life.
Assistant U.S. Attorney Evan K. Glaberson, who is handling the case, stated that according to the complaint, in July 2020, the Drug Enforcement Administration and the New York State Police Violent Gang Narcotics Enforcement Team began an investigation into the narcotics trafficking activities of the defendant. Between September 3 and October 2, 2020, investigators conducted eight controlled purchases of suspected fentanyl from Barnes. On October 13, 2020, a search warrant was executed at the defendant’s Efner Street residence. Investigators recovered a 12-gauge shotgun and ammunition, approximately 462 grams of suspected heroin, and approximately 17 grams of suspected fentanyl.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the New York State Police Violent Gang Narcotics Enforcement Team, under the direction of Major James Hall; and Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Director of Field Operations Thomas Feeley.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo Man Arrested on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charles Williams, 49, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.
Assistant U.S. Attorney Evan K. Glaberson, who is handling the case, stated that according to the complaint, on October 1, 2020, investigators executed a search warrant at a residence on Hughes Avenue in Buffalo, after observing the defendant leave the residence. During the search warrant, investigators recovered $15,000 in cash, approximately nine ounces of a white powdery substance, a .22 caliber rifle, and a small amount of green leafy substance.
During the execution of the search warrant, a traffic stop was conducted on Williams’ vehicle and he was taken into custody.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.
The complaint is the result of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Federal Bureau of Investigation-Buffalo, under the direction of Special Agent-in-Charge Stephen Belongia; and Homeland Security Investigations-Buffalo, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Bucks County Real Estate Investment Fraudster Sentenced to Five YearsRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Dean Rossi, 55, of Warrington, PA, was sentenced to five years in prison, four years of supervised release, and was ordered to pay $2.85 million in restitution and $1.38 million in forfeiture by United States District Judge Joel H. Slomsky, for devising and participating in schemes to defraud three financial institutions out of millions of dollars.
Rossi was convicted at trial in March 2018 on seven charges: one count of conspiracy to commit mail fraud affecting a financial institution and bank fraud; one count of mail fraud affecting a financial institution; three counts of bank fraud; and two counts of loan fraud.
From at least December 2006 until about March 2012, Rossi and his co-conspirators participated in schemes to defraud Nova Bank, First Cornerstone Bank, and Leesport Bank, which later became VIST Financial Bank, out of more than $4.15 million in connection with multiple real estate closings for small residential properties in working class neighborhoods in the Philadelphia area. In each scheme, the defendant conspired with others to obtain fraudulent mortgage loans and made misrepresentations regarding the disbursement of those funds and his income. The defendant also falsified numerous documents, including tax returns and HUD-1 settlement sheets. Although the banks were able to mitigate some of their fraud losses, the banks and their insurers still suffered losses exceeding $2.85 million. Rossi personally pocketed a total of $1.38 million.
“The scope and duration of Rossi’s fraud are simply stunning,” said U.S. Attorney McSwain. “He stole millions of dollars from bank lenders and preyed upon residential neighborhoods – and then attempted to cover his tracks with lies. That sort of white collar crime deserves significant prison time, which is what Rossi has earned.”
“Dean Rossi lied on mortgage applications starting in 2006, his lies and greed helped to contribute to the financial meltdown in 2008,” observed Damon Wood, Inspector in Charge of the Philadelphia Division of the Postal Inspection Service. “Over ten years later, after being found guilty at trial, he has finally been sentenced to five years in jail. I want to thank the Postal Inspectors and the Assistant United States Attorneys who stayed with this case for nearly a decade. The Postal Inspection Service has long history of investigating frauds schemes, and we will continue to lead and support investigations into fraud schemes that use the mail.”
The case was investigated by the United States Postal Inspection Service and is being prosecuted by Assistant United States Attorneys Mark Dubnoff and Elizabeth Ray.
Boston Man Charged with Illegal Possession of Loaded FirearmRead the Press Release
BOSTON – A Boston man was charged yesterday in federal court in Boston with illegally possessing a firearm and ammunition. The defendant led police on a car chase before he was apprehended in Chelsea.
Raughn Williams, 22, was charged by criminal complaint with one count of being a felon in possession of a firearm and ammunition. Williams was arrested on state charges on Aug. 10, 2020, and has been in custody since. He will make an initial appearance in federal court in Boston at a later date.
According to charging documents, on Aug. 10, 2020, a Massachusetts State Police trooper attempted to pull over a vehicle driven by Williams on Storrow Drive in Boston for a tinted windows violation. Williams refused to pull over, and instead led police on a chase down Storrow Drive and onto the Tobin Bridge. Williams exited the Tobin Bridge into Chelsea, where he crashed the vehicle into two other cars and then he and his passenger fled on foot. Williams was apprehended and a Smith & Wesson .40 caliber handgun loaded with 14 rounds of ammunition was recovered. Federal law prohibits Williams from possessing a firearm or ammunition due to a prior felony conviction.
The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Chelsea Police Chief Brian Kyes made the announcement. Lelling’s Major Crimes Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is 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.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Astoria Man Accused of Civil Disorder for Throwing A Large Cylindrical Firework at PoliceRead the Press Release
PORTLAND, Ore.—U.S. Attorney Billy J. Williams announced today that an Astoria, Oregon man has been charged with Civil Disorder during protest activities in Portland.
Ty John Fox, 23, is charged in a one-count indictment with Civil Disorder in violation of Title 18 U.S.C. Section 231(a)(3).
According to the court record, on the evening of September 6, 2020, Fox was part of a group protesting near the Portland Police Bureau’s (PPB) East Precinct building. Fox was seen on video with other protesters, who had formed a line in the street across from PPB officers and Oregon State Police troopers. Fox can be seen, while walking behind the line of protesters, turning toward the camera, using a torch lighter to ignite a large, cylindrical firework, and throwing the device over the protesters toward the officers. Moments later, an explosion and flash occurred near the officers. He was arrested later that night.
Fox made his initial appearance in federal court today before U.S. Magistrate Judge Youlee Yim You. He was arraigned, pleaded not guilty, and ordered released pending a two-day jury trial scheduled to begin on December 29, 2020.
The Federal Bureau of Investigation investigated this case. It is being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Armed Carjacker Is Sentenced to 12 Years in PrisonRead the Press Release
CHARLOTTE, N.C. – U.S. District Judge Robert J. Conrad Jr. yesterday sentenced Unique Bajon Bennett, 26, of Charlotte, to 144 months for carjacking and gun charges, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina.
Vincent C. Pallozzi, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Johnny Jennings, of the Charlotte-Mecklenburg Police Department (CMPD) join U.S. Attorney Murray in making today’s announcement.
According to court documents filed in Bennett’s case, on November 7, 2018, Bennett and a co-conspirator approached a victim, identified in court documents as M.R., in the parking lot of an apartment complex on Lodge South Circle in Charlotte. Bennett and his co-conspirator pointed a firearm at M.R., ordered M.R. to put his hands in the air, and stole the victim’s wallet, driver’s license, debit card, and a car key. Bennett and his co-conspirator then fled the scene in M.R.’s vehicle.
In a second incident, on November 16, 2018, Bennett and his co-defendant, Zachary Morris, approached another victim, identified in court documents as I.F., in an apartment complex parking lot on Countryside Drive in Charlotte. Bennett and Morris pointed a firearm at the victim and demanded the keys to her Toyota Prius. Bennett drove off in the vehicle with Morris in the passenger seat. Bennett and Morris were apprehended on the same day by Charlotte-Mecklenburg Police Department officers.
On July 25, 2019, Bennett pleaded guilty to two counts of carjacking, and to brandishing a firearm during, in relation to, and in furtherance of a crime of violence. Morris was previously sentenced to nine years for his role in the carjacking on November 16.
Bennett is currently in federal custody. In making today’s announcement, U.S. Attorney Murray commended the Bureau of Alcohol, Tobacco, Firearms and Explosives for their investigation into Bennett. U.S. Attorney Murray also thanked CMPD for their invaluable assistance in both cases.
Assistant U.S. Attorneys William Bozin and Kimlani Ford, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Arizona Woman Sentenced in Methamphetamine Distribution Conspiracy Reaching OmahaRead the Press Release
United States Attorney Joe Kelly announced that United States District Judge Robert F. Rossiter, Jr. sentenced Samantha Perez-Juarez today to a term of imprisonment of 80 months. Perez-Juarez will serve a 5-year term of supervised release following her release from the Bureau of Prisons. There is no parole in the federal system.
Perez-Juarez, 21, was convicted of conspiring to distribute and possess with intent to distribute methamphetamine with co-defendant Leonel Blanco-Sanchez in the Omaha area between September of 2019 and January of 2020. Perez-Juarez, of Arizona, transported multi-pound quantities of methamphetamine from sources of supply in Arizona and California to Omaha on at least five occasions throughout the fall of 2019 and into January of 2020. Blanco-Sanchez and Perez-Juarez received direction from Mexico-based co-conspirators with whom they maintained contact, traveling in Blanco-Sanchez’s pickup truck bearing Army Veteran license plates to deliver methamphetamine to customers in Omaha.
On January 8, 2020, the Nebraska State Patrol (NSP) stopped and arrested Blanco-Sanchez and Perez-Juarez as they returned to Omaha from Arizona. A subsequent search of the vehicle revealed approximately 13 pounds of methamphetamine which was seized by law enforcement.
Perez-Juarez will be removed from the United States to Mexico upon her release from prison.
In September of 2020, Blanco-Sanchez was sentenced to 80 months’ imprisonment in the same case.
The case was primarily investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation Safe Streets Task Force, and the Nebraska State Patrol.
Anchorage Police Officer Indicted for Civil Rights ViolationRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that an Anchorage police officer has been indicted for Deprivation of Civil Rights Under Color of Law.
According to the indictment, Cornelius A. Pettus Jr., 33, of Anchorage, was charged with Deprivation of Civil Rights stemming from an incident which occurred while he was on duty as an Anchorage Police Officer.
The indictment alleges that on September 30, 2019, Pettus, while acting under color of law, assaulted and injured another person, thereby violating that person’s United States Constitutional rights to be free from the use of unreasonable force by a law enforcement officer. Pettus was previously charged in state court for the same incident.
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
The offense is a felony punishable by imprisonment up to 10 years.
The Federal Bureau of Investigation (FBI) conducted the investigation leading to the indictment in this case with the assistance of Anchorage Police Department. This case is being prosecuted by Assistant U.S. Attorney James Klugman.
The charges in the indictments are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Acting U.S. Attorney Daniel Bubar, DEA ASAC Christopher Goumenis Announce 19th National Prescription Drug Take Back DayRead the Press Release
ROANOKE, Virginia - Acting United States Attorney for the Western District of Virginia, Daniel P. Bubar, and U.S. Drug Enforcement Administration Assistant Special Agent (DEA) in Charge (ASAC) of the Richmond District Office, Christopher Goumenis, announced today that the U.S. Drug Enforcement Administration is holding its 19th National Prescription Drug Take Back Day on Saturday, October 24, 2020, at locations throughout the Western District of District of Virginia. The nationwide event aims to provide a safe, convenient, and responsible means of disposing of prescription drugs and educating the general public about the potential for abuse of medications.
“When unused medication sits in a cabinet, it is ripe for misuse or theft, contributing to addiction and overdoses,” Acting United States Attorney Bubar said today. “I applaud the efforts of DEA in providing our communities a safe mechanism to dispose of these potentially harmful narcotics, and encourage anyone with old medication to participate in this important day.”
“The misuse of prescription drugs contributes greatly to the drug problems and issues we are seeing in Western Virginia and across the Commonwealth. Disposing of prescription drugs in a controlled environment is an excellent way to ensure they are not abused, misused, and possible to saving lives,” ASAC Goumenis said. “This Saturday is a great opportunity for our Western Virginia community members to help ensure they are not contributing to the opioid crisis and keep their families safe.”
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.
Collection sites will adhere to local COVID-19 guidelines and regulations in order to maintain the safety of all participants and local law enforcement.
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. And at many local law enforcement agency sites.
DEA and our state and local partners throughout the area 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 in Virginia, visit www.deatakeback.com.
Acting Manhattan U.S. Attorney Announces Settlement of Tax Shelter Lawsuit Against AIG for Entering into Sham Transactions Designed to Generate Bogus Foreign Tax CreditsRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced today the settlement of a tax refund lawsuit brought by insurance and financial services company AMERICAN INTERNATIONAL GROUP, INC. (“AIG”) involving seven cross-border financial transactions that the United States asserted were abusive tax shelters designed to generate bogus foreign tax credits that AIG improperly attempted to use to reduce its tax liabilities in the United States. AIG filed this tax refund lawsuit in 2009, seeking to recover disallowed foreign tax credits and other taxes related to the 1997 tax year. The United States obtained overwhelming evidence that these transactions lacked any meaningful economic substance, were devoid of any legitimate business purpose, and instead were designed solely to manufacture hundreds of millions of dollars in tax benefits to which AIG was not entitled. According to the terms of the settlement, approved yesterday by United States District Judge Louis L. Stanton, AIG agreed that all foreign tax credits that AIG claimed for the 1997 tax year and all later tax years for these same transactions, totaling more than $400 million, would be disallowed in their entirety. AIG further agreed to pay a 10% tax penalty.
Acting U.S. Attorney Audrey Strauss said: “AIG created an elaborate series of sham transactions that were designed to do nothing – and in fact did nothing – other than generate hundreds of millions of dollars in ill-gotten tax benefits for AIG. Our system of taxation is built upon the premise that all citizens and corporations must pay the taxes they owe, no more and no less. People and companies who game that system to avoid paying their fair share of taxes undermine public trust in our tax laws. We will continue to be vigilant in holding accountable those who use economically empty transactions to avoid paying their taxes.”
As alleged in filings in Manhattan federal court:
During the mid-1990s, AIG Financial Products Corp. (“AIG-FP”), a wholly-owned subsidiary of AIG, designed, marketed, and entered into seven cross-border structured finance transactions with various foreign banks. These complicated transactions, involving hundreds of agreements, numerous shell companies, and intricate cash flows, had no economic substance but rather exploited differences in U.S. and foreign tax laws to create profits from U.S. tax benefits. In particular, the transactions generated more than $400 million in foreign tax credits that AIG used to reduce its U.S. tax liabilities. The U.S. has a worldwide tax system that taxes companies on income earned abroad, but also grants credits for foreign taxes paid. AIG, was able to turn a profit by obtaining credits from the U.S. Treasury for foreign taxes it did not actually pay in full. AIG obtained more than $61 million in foreign tax credits during the 1997 tax year alone, the tax year resolved by the settlement.
In 2008, the Internal Revenue Service (“IRS”) issued a Notice of Deficiency to AIG that, among other things, disallowed the foreign tax credits AIG had claimed in connection with the seven transactions and asserted a 20% tax penalty. In 2009, after paying the deficiency, AIG filed a lawsuit against the United States in Manhattan federal court challenging the IRS’s determination and demanding a refund. In response, the United States asserted that the IRS had correctly disallowed the tax benefits because the transactions had no economic substance, a basic requirement for seeking tax benefits.
According to the terms of the Settlement, AIG agreed that all foreign tax credits that AIG claimed in connection with the seven cross-border transactions that were the subject of the litigation would be disallowed in full for the 1997 tax year and all subsequent tax years during which the transactions were operating, totaling more than $400 million. AIG further agreed to pay a 10% penalty. The settlement allows AIG to retain certain income expense deductions relating to six of the transactions that were structured as borrowings, as well as remove certain amounts related to the transactions from its taxable income. In addition, the settlement resolves certain of AIG’s tax refund claims unrelated to the cross-border transactions stemming from AIG‘s restatement of its publicly filed financials.
The Acting U.S. Attorney thanked the Tax Division of the Department of Justice, as well as the IRS Office of Chief Counsel, including Jill Frisch, Matthew Avon, Jackie Levinson, Barbara Felker, and Michael Gilman, for all of their assistance throughout the litigation.
The case is being handled by the Office’s Tax and Bankruptcy Unit. Assistant U.S. Attorneys Pierre Armand, Talia Kraemer, Jennifer Jude, and Charles Jacob, and former Assistant U.S. Attorneys Nicolas Boeving, Arastu Chaudhry, John Clopper, Joseph Cordaro, Caleb Hayes-Deats, and Bertrand Madsen, handled the case.
22 October 2020
West Tennessee Pharmacy Burglary Crew ConvictedRead the Press Release
Memphis, TN – Several individuals have been convicted for conspiracy to burglarize pharmacies. D. Michael Dunavant, U.S. Attorney announced the convictions today.
According to information presented in court, from February 3, 2017 to December 6, 2018, in the Western District of Tennessee, Northern District of Mississippi, Middle District of Tennessee, Southern District of Ohio, and elsewhere, a roving band of burglars in various combinations burglarized over 90 businesses and pharmacies.
In most instances, the suspects would wear masks or an article of clothing to conceal their face, and gloves so as not to leave prints. Entry was typically gained utilizing a crow bar to pry open the door. Once entry was made, two to three suspects would enter the business, taking various types of controlled substances for purposes of redistribution. During these burglaries, several variations of vehicles were being utilized, many of which had temporary operation plates, "dealer drive-out" tags, no tags at all, or were found to be stolen vehicles.
• On May 16, 2019, defendants Nicholas Wright, 28, Tony Bowen, 26, Brandon Clay, 24, Marquis Presley, 29, Bryan Presley, 30, and Anwar Gates, 42, were indicted for conspiracy to burglarize a number of pharmacies in the Western District of Tennessee and elsewhere in violation of 18 U.S.C. § 2118(d). In addition, Bowen, Presley, and Clay were indicted for the burglary of the Walgreens located at 1424 Union Avenue, Memphis, TN on October 19, 2017.
• Wright and Bowen were also indicted for the burglary of the Walgreens located at 4890 N. Highland Street, Columbus, OH., during which a federal agent was assaulted. Bowen was also indicted for being a convicted felon in possession of a firearm.
• Bryan Pressley was also indicted for burglary of the Homewood Drug Company located at 2280 North Washington Avenue, Brownsville, TN. On December 6, 2018, Pressley assaulted a Brownsville Police Officer.
All of the defendants have since pleaded guilty, and have been sentenced as follows by United States District Court Judge Jon P. McCalla:
• Bowen was sentenced to 180 months imprisonment followed by 3 years supervised release and ordered to pay restitution in the amount of $191,656.87.
• Brian Presley was sentenced to 102 months imprisonment followed by 5 years supervised release and ordered to pay restitution in the amount of $24,905.86.
• Marquis Presley was sentenced to 60 months imprisonment followed by 2 years supervised release and ordered to pay restitution in the amount of $53,994.63.
• Gates was sentenced to 40 months imprisonment followed by 2 years supervised release and ordered to pay restitution in the amount of $15,107.26.
• Clay was sentenced to 42 months imprisonment followed by 3 years supervised release and ordered to pay restitution in the amount of $14,002.89.
On October 16, 2020, Wright pled guilty and is scheduled for sentencing on January 22, 2021 before United States District Court Judge Jon P. McCalla.
U.S. Attorney D. Michael Dunavant said, "Pharmacy burglaries and theft of controlled substances not only harm the business owner, but also present the dangerous risk of hundreds of prescription opioids being unlawfully distributed into the community, causing further potential addiction, injury, and death. As demonstrated in this case, we will not tolerate this lawlessness by organized criminal enterprises, and will use all available resources to punish and remove dangerous offenders from our communities for a very long time."
The Shelby County Sheriff’s Office, Memphis Police Department, and the Drug Enforcement Administration (DEA) investigated this case.
Assistant United States Attorney Michelle Kimbril-Parks and Special Assistant U.S. Attorney Joseph Griffith are prosecuting this case on behalf of the government.
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Washington Man Sentenced to 5 Years in Federal Prison for Assaulting His Girlfriend on the Colville Indian ReservationRead the Press Release
Spokane – William D. Hyslop, United States Attorney for the Eastern District of Washington announced that Stephen Seymour, 20, an enrolled member of the Confederated Tribes of the Colville Reservation, was sentenced today after having pleaded guilty on July 23, 2020, to Assault Resulting in Substantial Bodily Injury to an Intimate or Dating Partner in Indian Country. United States District Judge Rosanna Malouf Peterson sentenced Seymour to a 5 year term of imprisonment, to be followed by a 3 year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, Seymour repeatedly assaulted his girlfriend over a three-day period, striking, punching, and strangling her. During the assault, Seymour brandished a firearm and knife, causing bodily injury, including multiple cuts, bruising to her face, and a broken nose. At one point, the victim attempted to escape from Seymour with their shared child. The victim made it to the other side of the street before Seymour tackled, strangled, and dragged her back inside the house. Police arrived shortly thereafter and arrested Seymour after a relative requested a welfare check on the home.
United States Attorney Hyslop said, “This sentence reflects how serious the crime of domestic violence is. The United States Attorney’s Office for the Eastern District of Washington, the Federal Bureau of Investigation, and the Colville Tribal Police Department are committed to investigating and prosecuting violent crimes against Native American Women.”
This case was investigated by the Spokane Resident Office of the Federal Bureau of Investigation and the Tribal Law Enforcement Department of the Confederated Tribes of the Colville Reservation Police. This case was prosecuted by Richard R. Barker, Assistant United States Attorney, and Michael L. Vander Giessen, Special Assistant United States Attorney for the Eastern District of Washington.