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Tuesday 15 September 2020
Ocala Convicted Felon Pleads Guilty to Federal Firearm and Ammunition OffenseRead the Press Release
Ocala, FL – David Shaw (36, Ocala) has pleaded guilty to possessing a firearm and ammunition as a convicted felon. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
Shaw had been indicted on May 20, 2020.
According to court documents, on December 5, 2019, a deputy from the Marion County Sheriff’s Office attempted to stop Shaw after he ran a stop sign on a stolen motorcycle. Shaw fled from the traffic stop before crashing the motorcycle and continuing to flee on foot. While giving chase, a deputy observed Shaw discard a loaded 9mm firearm and a backpack. The backpack contained more than 100 rounds of ammunition.
Shaw has eight prior felony convictions, including burglary of a dwelling, introduction of contraband into a detention facility, trafficking in methamphetamine, and fleeing or attempting to elude a police officer. He is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Marion County Sheriff’s Office and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Tyrie Boyer.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Newark Man Sentenced to 98 Months in Prison for Role in Conspiracy to Traffic Crack Cocaine with “Famous Boyz” Street GangRead the Press Release
NEWARK, N.J. – A Newark man and associate of the street gang known as the “Famous Boyz” was sentenced today to 98 months in prison for conspiring to distribute crack cocaine and possessing with the intent to distribute crack cocaine and cocaine, U.S. Attorney Craig Carpenito announced.
Jonathan Garcia, a/k/a “Bebo,” 36, previously pleaded guilty via videoconference before U.S. District Judge Madeline Cox Arleo to an information charging him with conspiring to distribute 28 grams or more of crack cocaine, and distributing and possessing with intent to distribute cocaine and crack cocaine. Judge Arleo imposed the sentence today by videoconference.
Saeed Dawes, a/k/a “Nasty,” 22, of Newark, was sentenced on Aug. 12, 2020, via videoconference by Judge Arleo to 57 months in prison and three years of supervised release. Dawes previously pleaded guilty before Judge Arleo to an information charging him with one count of conspiring to distribute crack cocaine and heroin.
Jonathan Hernandez, 25, of Newark, pleaded guilty on Aug. 26, 2020, before Judge Arleo in Newark federal court to a superseding information charging him with one count of conspiring to distribute crack cocaine and one count of possessing with the intent to distribute crack cocaine.
In October 2018, Garcia, Hernandez, and Dawes, along with 13 other members of a violent drug trafficking conspiracy operating in Newark, were charged by criminal complaint after a lengthy wiretap investigation with conspiracy to distribute crack cocaine and heroin. Shaka McKinney and Jahid Vauters, a/k/a “K,” a/k/a “KO,” also were charged with firearms possession offenses. To date, 14 of the defendants have pleaded guilty to drug and/or firearm charges and seven await sentencing.
On Feb. 25, 2019, a grand jury returned a one-count indictment charging three of the defendants, Patricio Hernandez, Jonathan Hernandez, and Garcia, with conspiracy to distribute and to possess with intent to distribute 280 grams or more of crack cocaine for their alleged participation in supplying the “Famous Boyz” with cocaine. On Sept. 30, 2019, a grand jury returned a 21-count superseding indictment against defendants Patricio Hernandez, Jonathan Hernandez, Garcia, Javon Holmes, a/k/a “J-Dot”, and John Mosley, a/k/a “Breezy,” a/k/a “Brazy.” The charges in the superseding indictment remain pending against the remaining defendants.
According to the documents filed in this case and statements made in court:
The defendants are members and associates of the Famous Boyz – a subset of the Brick City Brim set of the Bloods street gang – which dealt significant quantities of heroin and crack-cocaine, primarily around the area of South 18th Street and 15th Avenue, in Newark. The gang often referred to this area as the “8 Block,” “18th,” or simply by reference to the number “8”.
Mosley was a primary source of narcotics for the Famous Boyz and often directed the gang’s drug operations. Mosley and other members of the Famous Boyz shared narcotics, customers, and firearms with one another in furtherance of their narcotics-trafficking activities, and they used juveniles to distribute narcotics and stash firearms. Patricio Hernandez and Jonathan Hernandez were among the main suppliers of crack cocaine to Mosley, while Vauters supplied Mosley with heroin. Heroin sold by Famous Boyz members, including Dawes, Karen Armstrong and Eugene Williams, contained a fentanyl analogue, which is an extremely dangerous and highly-addictive substance.
Members of the Famous Boyz also used social media to promote the gang’s criminal activities, including by advertising their narcotics-trafficking activities and proceeds and by threatening both rival gang members and any individuals who consider cooperating with law enforcement. Those members who sold narcotics also enriched themselves by committing other crimes, including robberies. Law enforcement, acting on information obtained from a wiretap, arrested West while he was attempting to commit a robbery. After law enforcement seized a .40 caliber firearm from the scene, Mosley was overheard complaining to Holmes, “so all the ratchets gone” and “damn we just lost all the straps,” referring to the Famous Boyz losing their firearms.
In addition to the prison term, Garcia was sentenced to four years of supervised release.
U.S. Attorney Carpenito credited special agents of ATF, under the direction of Special Agent in Charge Charlie J. Patterson in Newark, and members of the Newark Department of Public Safety, under the direction of Public Safety Director Anthony Ambrose, with the investigation leading to the charges and convictions.
He also thanked the DEA, under the direction of Special Agent in Charge Susan A. Gibson, the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II, the Essex County Sheriff’s Office, under the direction of Sheriff Armando B. Fontoura, the N.J. State Police, under the direction of Col. Patrick J. Callahan, the Belleville Police Department, under the direction of Chief Mark Minichini, and the Livingston Police Department, under the direction of Chief Gary Marshuetz for their assistance.
This case is being conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF) and is part of the Violent Crime Initiative (VCI) in Newark. 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. The VCI was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety to combat violent crime in and around Newark. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the DEA New Jersey Division, the U.S. Marshals, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, N.J. State Board of Parole, Union County Jail, N.J. State Police Regional Operations and Intelligence Center/Real Time Crime Center, N.J. Department of Corrections, the East Orange Police Department, and the Irvington Police Department.
The government is represented by Deputy Chief of the Criminal Division Mary E. Toscano and Assistant U.S. Attorney Angelica M. Sinopole of the U.S. Attorney’s Office’s Organized Crime and Gangs Unit in Newark.
The charges and allegations against the remaining defendants are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Missouri Woman Third Sentenced for Nationwide Fraud SchemeRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Crystal Austin, 40, Belton, Missouri was sentenced today by U.S. District Judge William M. Conley to 65 months in federal prison, for conspiring with Shelly Scott, Jason Edge, and others to commit wire fraud throughout the country. Austin was ordered to pay restitution of over $860,000 to Walmart, Inc., jointly with the other conspirators.
Between November 2016 and February 2018, Austin, Scott, Edge and others conspired to defraud Walmart, Inc. through use of stolen personal checks, identity fraud, and methods to bypass electronic check authorization measures, resulting in a loss of over $860,000 to Walmart. The group used stolen identification cards of real people to perpetuate this fraud in 18 states, using more than 14 different stolen checking accounts. Austin and other co-conspirators would present a stolen check and false identification at the time of payment, and when the check was declined, the person presenting the check would pretend to call the check authorization company, when in fact, they would call a co-conspirator. The co-conspirator would tell the clerk to accept the check, and the transaction would be complete.
Scott and Edge were arrested by Monona Police on February 25, 2018, after Walmart employees became suspicious of their behavior. They were sentenced to 48 months in federal prison in November 2018 after pleading guilty for their roles in this fraud scheme.
Crystal Austin and conspirators Heather Bishop and Jennifer Austin were charged in this conspiracy and arrested in December 2019. Bishop and Jennifer Austin have also agreed to plead guilty to the conspiracy and are scheduled for guilty pleas and sentencing later this year.
In sentencing Austin, Judge Conley noted that this conspiracy involved not only Walmart as a victim, but also those whose identities and bank accounts were used in the fraud. He also considered as aggravating factors Austin’s lengthy criminal history, and the fact that she was on probation in several states for similar crimes while she engaged in this conspiracy. Finally, Judge Conley noted that Austin had at least a five-year period after her last prison sentence when she appeared to live a law-abiding life, and urged her to take part in treatment programs in prison to figure out why she again resorted back to criminal behavior. Judge Conley recommend both mental health and substance abuse treatment.
The charges against Crystal Austin and her co-conspirators were the result of an investigation conducted by the Federal Bureau of Investigation, Monona and Sun Prairie Police Departments, and police departments throughout the country, with the assistance of Walmart fraud investigators. The prosecution of the case has been handled by Assistant U.S. Attorney Laura A. Przybylinski Finn.
Lawrence Man Sentenced for Fentanyl DistributionRead the Press Release
BOSTON – A Lawrence man was sentenced today in federal court in Boston in connection with selling fentanyl.
John Mena, 25, was sentenced by U.S. District Court Judge William G. Young to 10 months in prison and three years of supervised release. In December 2019, Mena pleaded guilty to one count of distribution and possession with intent to distribute fentanyl.
Mena sold approximately 13g of fentanyl in a transaction that an undercover agent witnessed. Mena was arrested in Lawrence on July 16, 2019, as part of a 10-week coordinated enforcement operation in the Merrimack Valley called “Devil’s Highway.” The operation targeted the distribution of opioids, including fentanyl and heroin, and resulted in charges against a total of 40 people for federal drug offenses, with at least a dozen more individuals facing state charges.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Essex County District Attorney Jonathan W. Blodgett; and Lawrence Police Chief Roy Vasque made the announcement today. Assistant U.S. Attorney Alexandra Brazier of Lelling’s Office prosecuted the case.
Koreatown Man Sentenced to 17½ Years in Prison for Coercing Girls He Met Online into Sending Him Sexually Explicit ImagesRead the Press Release
LOS ANGELES – A Koreatown man was sentenced today to 210 months in federal prison for posing online as a teenager and targeting girls for sexual exploitation.
Francisco Sanchez, 31, was sentenced by United States District Judge Dolly M. Gee. Sanchez pleaded guilty on May 20 to two counts of production of child pornography.
Sanchez used websites and computer applications to “meet” minor girls. From 2014 to September 2016, Sanchez used the pseudonym “Eddie Nash” to pose as a teenage boy and develop online romantic relationships with his victims so that he could obtain sexually explicit images and videos from them.
In some cases, Sanchez convinced his victims to engage in sexually explicit conduct during video chats, which allowed him to take pornographic screen shots of the minors. In other cases, Sanchez threatened to commit suicide to coerce the victims into sending him pictures or videos.
After obtaining sexually explicit images from the girls, Sanchez threatened to publish or otherwise expose the victims if they did not send additional images or videos.
While Sanchez pleaded guilty to two counts – related to victims who were 13 and 14 – he admitted in his plea agreement that he victimized another five teenage girls.
Sanchez further admitted that he cyberstalked two victims – which included threatening to make one girl “internet famous” by publishing child pornography depicting her – and that he distributed child pornography on a peer-to-peer file-sharing network.
“(Sanchez) victimized real children – manipulated and exploited them for his sexual pleasure – with total disregard for the consequences and effects upon them,” prosecutors wrote in their sentencing memorandum.
After he is released from federal prison, Sanchez will be required to register as a sex offender and must serve a lifetime period of supervised release.
The FBI and the Los Angeles Child Exploitation and Human Trafficking Task Force investigated this matter.
This case is being prosecuted by Assistant United States Attorneys Julia S. Choe of the Cyber and Intellectual Property Crimes Section, and Damaris Diaz of the Violent and Organized Crime Section.
Kanawha County Woman Pleads Guilty to Fraud ChargesRead the Press Release
CHARLESTON, W.Va. - A Kanawha County woman has pled guilty to fraud charges, according to United States Attorney Mike Stuart. Holly Urlahs, also known as Holly Anderson, 32, of Elkview, pled guilty to bank fraud and forging a judge’s signature.
“Urlahs devised quite a fraud scheme. To carry out her scheme, she altered the amount of a cashier’s check in an attempt to get over $8 million and forged signatures on fake documents, including that of a federal judge,” said United States Attorney Mike Stuart. “Investigators did great work in this case, ultimately unraveling Urlahs’ web of deceit.”
Urlahs admitted that she falsely claimed to have sued Charleston Area Medical Center (CAMC) and was expecting a large financial settlement from her lawsuit. Under these false pretenses, she set out to defraud financial institutions and an insurance company. As part of her fraudulent scheme, Urlahs altered a $100 cashier’s check to reflect an amount over $8.4 million. She also provided fake documents with forged signatures and a personal check for $1 million, although she knew she did not have sufficient funds in her account, to an insurance company to obtain an annuity contract. Urlahs’ check was returned for insufficient funds.
The investigation was conducted by the West Virginia State Police-Bureau of Criminal Investigations and the West Virginia Insurance Commissioner’s Special Investigations Division. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Kathleen Robeson is handling the prosecution.
Urlahs faces up to 35 years in prison and a $1.25 million fine when she is sentenced on January 21, 2021.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00125.
Follow us on Twitter: SDWVNews and USAttyStuart
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Justice Department Settles with Texas Based Furniture and Appliances Chain for Charging Servicemembers Excess InterestRead the Press Release
The Justice Department reached an agreement today with Conn Credit I, LP, Conn Appliances, Inc. and Conn’s, Inc. (Conn’s), to resolve allegations that they violated the Servicemembers Civil Relief Act (SCRA) by charging at least 184 servicemembers excess interest on their purchases.
Conn’s, a furniture, mattress, electronics, and appliance store chain headquartered in the Woodlands, Texas, has retail stores in over 130 locations in at least 14 states. This is the Justice Department’s first SCRA case against a consumer retail store.
The SCRA provides financial and housing protections and benefits to military members as they enter active duty. One of the SCRA’s benefits requires creditors to reduce the interest rate on financial obligations, including retail installment contracts, to six percent if certain conditions are met. Under the agreement, Conn’s must hire an independent consultant, who will determine if any previously unidentified servicemembers were overcharged interest. Conn’s must refund all overcharged interest that it has not already refunded and pay an additional $500 to each affected servicemember. Conn’s must also make a $50,000 payment to the United States.
The agreement, which is subject to court approval, resolves a suit filed today by the Department of Justice in the U.S. District Court for the Southern District of Texas.
“Servicemembers sacrifice their liberty and at times their lives to protect the United States and our people, and the Department of Justice is determined to ensure that they receive all the benefits and rights that Congress provided to them under the Servicemembers Civil Relief Act,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We applaud Conn’s for cooperating with our investigation and conducting a self-audit to determine the scope of the problem, for working with the department to comply with the Servicemembers Civil Relief Act, and for agreeing to compensate all the affected servicemembers.”
“It is an honor to protect the legal rights of the members of our armed forces who routinely sacrifice so much for our country,” said U.S. Attorney Ryan K. Patrick of the Southern District of Texas. “The U.S. Attorney’s Office is committed to enforcing the SCRA and will continue to hold companies who violate it accountable.”
The department launched its investigation after receiving a referral from the U.S. Army Staff Judge Advocate at the Oklahoma National Guard Joint Force Headquarters. Upon receiving notice of the department’s investigation, Conn’s conducted a self-audit and found that, between March 2014 and May 2019, in 184 of the 322 accounts where servicemembers had requested the six percent interest rate cap, Conn’s had not granted the full benefit as required by the SCRA. Conn’s voluntarily disclosed these findings to the department and sent remediation checks and credited the accounts of the identified servicemembers.
The department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section and U.S. Attorney’s Offices throughout the country. Since 2011, the department has obtained over $474 million in monetary relief for over 120,000 servicemembers through its enforcement of the SCRA. For more information about the department’s SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at legalassistance.law.af.mil/.
Justice Department Settles Race Discrimination Case Against a Florida City Securing $195,000 in Lost Wages and DamagesRead the Press Release
The Justice Department today announced that it has reached a settlement with the City of Venice, Florida, resolving its race discrimination lawsuit against the city.
The suit alleged the city violated Title VII of the Civil Rights Act of 1964 when it subjected James Williamson, a 30-year Black city employee, to a series of unwarranted disciplinary actions, including two unpaid suspensions and ultimately termination, because of his race. Title VII is a federal statute that prohibits employment discrimination on the basis of race, color, national origin, sex, and religion.
“It is both morally wrong and illegal to single out any employee for harsh and unwarranted discipline because of the employee’s race, and to subject individuals, like Mr. Williamson, to discharge because of race,” said Assistant Attorney General for the Civil Rights Division, Eric S. Dreiband. “In this free country, all workers have a right to work without suffering unjust and unlawful race discrimination. This settlement agreement reflects the Civil Rights Division’s continued commitment to vigorous enforcement of the Civil Rights Act’s prohibition against race discrimination by state and local governmental employers.”
According to the United States’ complaint filed today in the U.S. District Court for the Middle District of Florida, the City of Venice did not have legitimate, non-discriminatory reasons for treating Williamson far more harshly in imposing discipline than the city did toward his comparable white coworkers. According to the lawsuit, the city disciplined Williamson nine times, over a two-year period, including three separate reprimands in one day. These punishments were predicated on Williamson’s supposed violations of work rules, such as taking normal lunch breaks in public parks, that were never enforced against his white coworkers.
The city ultimately fired Williamson, the only Black employee working in the Parks Division of the city’s Public Works Department, without justification and after he had been subjected to prolonged use of racial slurs, including the n-word, directed towards him and in his presence, and to close scrutiny of, and finding fault with, his work without legitimate reasons.
Under the terms of the settlement agreement, the city will pay Williamson $195,000 for lost wages and compensatory damages. The settlement agreement also requires the city to develop and submit to the Justice Department for approval anti-discrimination policies and to provide its supervisors and managers with training on those policies and on the types of conduct in the workplace that constitute unlawful employment practices under Title VII.
The Tampa Field Office, which is part of the Miami District Office of the Equal Employment Opportunity Commission (EEOC), investigated and attempted to resolve Williamson’s charge of discrimination before referring it to the Department of Justice as an enforcement action. More information about the EEOC’s jurisdiction is available on its website at www.eeoc.gov.
The full and fair enforcement of Title VII is a top priority of the Justice Department’s Employment Litigation Section of the Civil Rights Division. Additional information about the Civil Rights Division and the jurisdiction of the Employment Litigation Section is available on its websites at www.justice.gov/crt/ and https://www.justice.gov/crt/employment-litigation-section.
Justice Department Settles Claims Against Borough of Woodcliff Lake Involving Denial of Permit to Orthodox Jewish Group to Construct Worship CenterRead the Press Release
The Justice Department today announced an agreement with the Borough of Woodcliff Lake, New Jersey, to resolve allegations that the Borough violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by denying zoning approval for an Orthodox Jewish congregation to construct a worship center on its property.
The proposed consent decree, which was filed today in the U.S. District Court of the District of New Jersey and must still be approved by the court, would resolve a lawsuit filed by the United States against the Borough, which alleged that the Borough had prevented Valley Chabad, an Orthodox Jewish congregation that has worshiped in the borough for over 20 years, from constructing a new house of worship. A separate settlement agreement and proposed consent decree have resolved a related lawsuit filed by Valley Chabad against the borough.
“For more than four centuries, religious people from all over the world have sought refuge here,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Often, these people did so to escape persecution by monarchs, dictators, and other despots. Then, when our ancestors established the United States of America, the Founders adopted the First Amendment to the U.S. Constitution and thereby enacted into law the right of all people to exercise religion. Two decades ago, the Congress extended these protections when it passed the Religious Land Use and Institutionalized Persons Act. That law protects religious people and their institutions from unduly burdensome or discriminatory land use regulations. The United States is, and must always remain, committed to the right of all people to practice their faith and worship together. The U.S. Department of Justice will continue to fight against any unlawful deprivation of the right of all people to practice their faith. As our ancestors did four centuries ago, today, religious people often gather and worship with those who share their faith. Through this agreement, the Valley Chabad and its members will be able to build a house of worship and to exercise their right to practice their religion freely.”
“RLUIPA protects the rights of every religious community to worship free of unlawful burdens,” said U.S. Attorney Craig Carpenito, District of New Jersey. “As our office continues to vigorously protect the civil rights of the Jewish community and all religious communities in our district, we will use every tool at our disposal, including pursuing court-enforceable injunctive remedies. Through our actions today, we have taken steps to ensure that Valley Chabad and its members will no longer face unlawful barriers in their practice of religion.”
The complaint alleged that Woodcliff Lake violated RLUIPA by imposing a substantial burden on Valley Chabad’s religious exercise when, on three occasions between 2006 and 2013, Valley Chabad attempted to purchase parcels of property in the borough in order to construct a house of worship and meeting center, called a Chabad house, large enough to meet its needs. In each instance, the borough purchased or re-zoned the parcels, preventing development of a Chabad house. The complaint also alleges that this conduct and the borough’s eventual denial of Valley Chabad’s application for zoning relief to expand on its current property burdened Valley Chabad’s ability to worship freely without furthering a compelling government interest.
As part of the consent decree, the borough will permit Valley Chabad to construct a new Chabad house on its property. The resolution would also enjoin the borough from acting in a manner that violates RLUIPA and require the borough to establish a procedure for receiving and resolving RLUIPA complaints, train its employees on RLUIPA’s requirements, and submit regular reports to the United States and the court on its compliance. In the separate agreement that resolves the related private action, the borough agreed to pay Valley Chabad $1.5 million to resolve its claims for damages and attorney’s fees that arose from the borough’s conduct.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.
People who believe they have been subjected to discrimination in land use or zoning decisions may contact the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339 or the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.
The government is represented by Assistant U.S. Attorney Michael E. Campion, Chief of the U.S. Attorney’s Office’s Civil Rights Unit, Civil Division and Assistant U.S. Attorney Susan Millenky of the Civil Rights Unit, Civil Division.
Jake’s Fireworks and Right Price Chemicals Enjoined from Resuming Business OperationsRead the Press Release
BEAUMONT, Texas - U.S. Attorney Stephen J. Cox announced today that a federal judge has entered a preliminary injunction barring Jake’s Fireworks and Right Price Chemicals from resuming business operations out of their Twin City Highway location in Nederland.
“If businesses are used as a front for drug trafficking, they can pose a serious threat to the community,” explained U.S. Attorney Stephen Cox. “The Eastern District of Texas is committed to using all available criminal and civil law enforcement tools to combat such threats. Here, a civil injunction was particularly critical to stopping the defendants from continuing to engage in their alleged misconduct and presenting a risk of harm.”
The Eastern District sought and obtained a temporary restraining order (“TRO”) under the Controlled Substances Act on July 13, 2020, on the grounds that Jake’s Fireworks was a drug-involved premises. The government alleged that Jake’s Fireworks was a front for Right Price Chemicals, a company alleged to have distributed 1,4 butanediol, commonly referred to as “BDO” across the country in violation of federal law. BDO is a chemical manufactured only for industrial or laboratory use as a floor stripper or vehicle wheel cleaner and is not intended for human consumption. Congress has identified BDO as a “date rape drug” and has criminalized illegal internet sale of BDO to unauthorized purchasers.
The July 13th TRO immediately shut down operations of the business and any further distribution of BDO and other chemicals by Jake Daughtry, Joe Daughtry, Sandra Daughtry, and Kip Daughtry. Based on evidence compiled through its investigation, the government moved to convert the TRO into a preliminary injunction to prevent Jake’s Fireworks and Right Price Chemicals from reopening altogether.
Following an evidentiary hearing on September 2, 2020, Judge Michael Truncale granted the government’s request and enjoined Jake’s Fireworks and Right Price Chemicals from resuming business operations. After hearing testimony from an agent with the DEA’s West Palm Beach Task Force and a contract chemist employee of Right Price Chemicals, Judge Truncale found the government proved a substantial likelihood of success on the merits of its civil injunction suit. In his order granting the preliminary injunction, Judge Truncale explained the evidence showed:
- Right Price Chemicals ordered and shipped BDO out of the Jake’s Fireworks premises;
- BDO was stored in and around the Jake’s Fireworks premises;
- Right Price Chemicals’ business offices and operations were situated within the Jake’s Fireworks building;
- Employees of Right Price Chemicals, including Jake Daughtry, knew that BDO was a “controlled substance analogue” and that customers were using BDO for human consumption; and
- Right Price Chemicals continued to sell BDO for human consumption despite knowing it was being used illegally.
The preliminary injunction continues to prevent Jake’s Fireworks or Right Price Chemicals from reopening and resuming shipping BDO across the country in violation of federal law. The injunction also prohibits Jake’s Fireworks from reopening for seasonal fireworks sales.
This is an Organized Crime Drug Enforcement Task Force (OCDETF) case and is being investigated by the Drug Enforcement Administration West Palm Beach, Florida, and Beaumont; United States Postal Service; Internal Revenue Service-Criminal Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Jefferson County Sheriff's Office. Essential support and coordination was provided by numerous components of DEA headquarters and the Department of Justice’s multi-agency Special Operations Division (SOD), including assigned attorneys from the Narcotic and Dangerous Drug Section (NDDS). This case is being prosecuted by Assistant U.S. Attorneys Robert Wells and Michelle Englade.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendants.
Jackson Man Sentenced to 30 Months in Federal Prison under Project EJECT for Illegally Possessing FirearmRead the Press Release
Jackson, Miss. – Donald Lewis, 43, of Jackson, was sentenced today by Senior U.S. District Judge David C. Bramlette III to 30 months in federal prison, followed by three years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Lewis was also ordered to pay a $1,500 fine.
Lewis was previously convicted of aggravated assault with a weapon in Hinds County in 1996. On August 28, 2018, in responding to a complaint from a local convenience store, officers observed Lewis with a firearm.
A superseding indictment was filed in his case on July 24, 2019. Lewis pled guilty before Judge Bramlette on June 4, 2020.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jackson Police Department investigated the case. The case was prosecuted by Assistant United States Attorney Andrew W. Eichner.
Indian National Admits to Participating in Telemarketing Scam to Defraud AmericansRead the Press Release
PROVIDENCE – An Indian national has admitted to a federal court judge in Rhode Island that he sought to misappropriate funds from bank accounts of victims across the United States, using personal and banking information obtained from the victims earlier in the course of an India-based telemarketing scheme.
Chirag Sachdeva, 30, admitted that he participated in a telemarketing scheme that offered victims supposed computer protection services after misleading them to believe that malware had been detected on their computers. While executing the scheme, call center operators in India obtained personal and banking information from victims' computers through remote access applications and from the victims directly. Sachdeva admitted that he later attempted to use the personal and banking information to misappropriate funds from the victims’ bank accounts.
Sachdeva admitted that he contacted an acquaintance in Rhode Island and enlisted him to assist in accessing and stealing funds from the victims’ bank accounts. According to court documents, an FBI investigation determined that Sachdeva provided his acquaintance with personal and banking information sufficient to enable online access into the accounts of at least seven individuals, each over the age of 65. The investigation determined that the intended loss to these victims totaled $600,000.
Unbeknownst to Sachdeva, his acquaintance in Rhode Island was assisting the FBI in an investigation into the telemarking fraud scheme. Sachdeva was arrested by FBI agents on February 16, 2020, as he deplaned in Boston from a flight from India.
Appearing on Monday before U.S. District Court Chief Judge John J. McConnell, Jr., Sachdeva pleaded guilty to seven counts of wire fraud, announced United States Attorney Aaron L. Weisman and Special Agent in Charge of the FBI Boston Division Joseph R. Bonavolonta.
Sachdeva, who has been detained since his arrest, is scheduled to be sentenced on December 8, 2020. Wire fraud is punishable by up to 20 years in federal prison, 3 years’ supervised release, and a fine of $250,000.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah.
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Illegal Immigrant Pleads Guilty after Fourth Illegal Entry into U.S.Read the Press Release
ALEXANDRIA, Va. – A citizen of El Salvador with a previous felony conviction for Carnal Knowledge of a Child, pleaded guilty today to illegal reentering the United States for a fourth time.
According to court documents, Giovanni Omar Medrano-Urrutia, 41, reentered the United States after having been removed on four prior occasions. First, in June 2005 in Harlingen, Texas; again in November 2006 in Houston, Texas; again in March 2010 in Houston; and again in October 2018 in Alexandria, Louisiana. Medrano-Urrutia’s criminal history spans two decades in the United States, and notably includes a felony conviction for Carnal Knowledge of a Child in January 2000, in the Circuit Court for Fairfax County.
Medrano-Urrutia pleaded guilty to illegal reentry after removal subsequent to a conviction for an aggravated felony. Medrano-Urrutia faces a maximum penalty of 20 years in prison when sentenced on December 15. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Matthew Munroe, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after Senior U.S. District Judge Liam O’Grady accepted the plea. Special Assistant U.S. Attorney Viviana Vasiu 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. 1:20-cr-179.
Holyoke Man Sentenced for Heroin DistributionRead the Press Release
BOSTON – A Holyoke man was sentenced today in federal court in Springfield for distributing heroin.
Herman Gomez, 20, was sentenced to three years of probation by U.S. District Court Judge Mark G. Mastroianni. In May 2020, Gomez pleaded guilty to distributing and possessing with intent to distribute heroin.
Gomez sold heroin on Oct.7, 2019 in Holyoke.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Holyoke Police Chief Manny Febo made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office prosecuted the case.
Glen Hazel Man Charged with Conspiring to Steal Firearms from Federal Firearms LicenseesRead the Press Release
PITTSBURGH, PA- A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of conspiracy, United States Attorney Scott W. Brady announced today.
The one-count Indictment named, Haliston Este, age 27, of Pittsburgh, PA 15207.
According to the indictment, on or about May 30, 2020 and continuing thereafter until on or about May 31, 2020, Este conspired to steal or unlawfully take from the premises of a person who is licensed to engage in the business of dealing in firearms any firearm in the licensee’s business inventory that has been shipped or transported in interstate or foreign commerce. According to the indictment, Este and his co-conspirators used a crowbar in an attempt to gain entry to Allegheny Arms, located on Library Road, in Bethel Park, PA and National Armory, located on Broadhead Road, in Moon Township, PA, using a getaway driver as a means to flee.
The law provides for a maximum total sentence of not more than five years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan J. McKenna is prosecuting this case on behalf of the government.
The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Gary Man Sentenced to 120 Months in PrisonRead the Press Release
HAMMOND-Lafayette Caldwell, 32, of Gary, Indiana, was sentenced by Judge Philip P. Simon to 120 months of imprisonment and 5 years of supervised release following his guilty plea to conspiracy to distribute 280 grams of crack cocaine, announced U.S. Attorney Kirsch.
“Selling dangerous drugs, such as crack cocaine, will not be tolerated in the Northern District of Indiana,” said United States Attorney Thomas L. Kirsch II. “I want to commend the outstanding job done of the FBI, in coordination with state and local law enforcement agencies, to remove this group from the streets of Gary.”
According to documents in the case, for some time between July of 2015 and November of 2016, Caldwell participated in a conspiracy to distribute crack cocaine in the Glen Park neighborhood of Gary, Indiana. The conspiracy involved a twenty-four hour a day operation in which sellers of crack cocaine worked in shifts and armed security communicated with walkie-talkies. In furtherance of the conspiracy, Caldwell sold crack cocaine from an abandoned residence on Massachusetts Avenue. The conspiracy included the distribution of crack cocaine from multiple houses, including one house in which law enforcement recovered over 100 grams of crack cocaine and two firearms during execution of a search warrant.
To date, eighteen other charged members of the conspiracy have been convicted of drug-related offenses in this case.
“Holding Mr. Caldwell accountable for his drug trafficking dealings in the Glen Park neighborhood with this long prison sentence should hopefully restore a feeling of safety for the residents of this community,” said FBI Indianapolis Special Agent in Charge Paul Keenan. “It should also put other drug dealers on notice that the FBI and our law enforcement partners will utilize all resources available to ensure violent offenders are held responsible for their illegal activities.”
This case was investigated by the Federal Bureau of Investigation’s Gang Response Investigative Team with the assistance of the Gary and Hobart Police Departments. This case was prosecuted by Assistant United States Attorneys Thomas R. Mahoney and Alexandra McTague.
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Fremont Felon Pleads Guilty to Possession of Loaded FirearmRead the Press Release
OAKLAND – Kristopher Allan Sylvester pleaded guilty in federal court in Oakland today to being a felon in possession of a loaded handgun in a criminal complaint and affidavit unsealed today, announced United States Attorney David L. Anderson.
In pleading guilty, Sylvester admitted that at the time of his arrest in Fremont on April 2, 2020, in connection with an investigation of a commercial burglary committed on March 26, 2020, at a rental car location also in Fremont, he knowingly possessed a Ruger .380 caliber handgun and eight rounds of .380 caliber ammunition and magazine. Sylvester further admitted that at the time of his arrest on April 16, 2020, in Santa Clara County, he was in possession of a Ford Mustang reported stolen from a rental car location in San Jose, and he knowingly possessed a Smith & Wesson SD9VE 9mm silver handgun and eleven rounds of 9mm Winchester ammunition. Sylvester further admitted that at the time of his arrest in San Leandro on May 15, 2020, on the federal arrest warrant stemming from his April 2, 2020, arrest, he knowingly possessed a Bishop Defense 9mm black handgun and fourteen rounds of 9mm Luger ammunition and a magazine. Sylvester also admitted that the Ruger and Smith & Wesson handguns and ammunition seized in the three arrests were manufactured outside California. Finally, Sylvester admitted that at the time of his arrest on April 2, 2020, he knew that he had previously been convicted of multiple prior felonies.
Sylvester, 35, of Fremont, was charged by Information on June 22, 2020. He was charged with one count of Felon in Possession of Firearm and Ammunition, in violation of 18 U.S.C. § 922(g)(1). He pled guilty to the sole count of the Information.
Sylvester is currently being held at Santa Rita Jail.
Sylvester’s sentencing hearing is scheduled for December 8, 2020, at 9:00 a.m. before the Honorable Jeffrey S. White, U.S. District Court Judge, in Oakland. The maximum statutory penalties applicable to Sylvester’s guilty plea are ten years’ imprisonment, followed by a term of three years of supervised release, a fine of $250,000, a mandatory special assessment of $100, and forfeiture. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Jonathan U. Lee is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Jessica Rodriguez Gonzalez and Kathleen Turner. The prosecution is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Fremont Police Department, the San Jose Police Department, and the Santa Clara Police Department.
Former employee at Los Alamos National Laboratory sentenced to probation for making false statements about being employed by ChinaRead the Press Release
ALBUQUERQUE, N.M. –Turab Lookman, 68, of Santa Fe, New Mexico, was sentenced on Sept. 11 to five years of probation and a $75,000 fine for providing a false statement to the Department of Energy. Lookman is not allowed to leave New Mexico for the term of his probation.
On June 6, 2018, Lookman, then an employee at Los Alamos National Laboratory, falsely denied to a counterintelligence officer that he had been recruited or applied for a job with the Thousand Talents Program, established by the Chinese government to recruit individuals with access to or knowledge of foreign technology and intellectual property. Lookman pleaded guilty to the charge in January.
"The safeguarding of research conducted at our national laboratories is critical to the security of the United States," said John C. Anderson, U.S. Attorney for the District of New Mexico. "I commend the work of the FBI in identifying this defendant and investigating this case. The message here is clear: if you work with foreign interests to jeopardize our national security, the Department of Justice will find you and you will be prosecuted."
The FBI investigated this case. Assistant U.S. Attorneys George Kraehe and Jon Stanford prosecuted the case.
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Former Sheriff’s Captain Pleads Guilty to Illegally Trafficking Firearms; Admits CorruptionRead the Press Release
Assistant U. S. Attorneys Nicholas Pilchak (619) 546-9709 or Andrew Haden (619) 546-6961
NEWS RELEASE SUMMARY – September 15, 2020
SAN DIEGO – Former San Diego County Sheriff’s Captain Marco Garmo pleaded guilty in federal court today to illegally trafficking in firearms from his office in the Rancho San Diego Station and committing other corrupt acts spanning close to a quarter of his 27 years in the department.
As part of his plea, Garmo also admitted that he tipped off a marijuana dispensary that was about to be searched by Sheriff’s officials – part-owned by his cousin – and pressured another illegal dispensary to hire his friend and co-defendant Waiel Anton as a “consultant,” along with another individual who had agreed to pay Garmo a kickback.
In the plea agreement, Garmo admitted that he engaged in the business of dealing in firearms for profit without a license, which he knew was against the law. He acknowledged acquiring 144 firearms in less than six years, and selling or transferring 98 of them. His unlawful business provided Garmo several forms of compensation. In some transactions, he received a financial profit. In others, Garmo engaged in firearm sales to build good will for future favors related to his anticipated campaign for Sheriff of San Diego County. The charges against Garmo include a series of “straw purchases” in which Garmo falsely told dealers that he was acquiring handguns for himself, when in truth he was sourcing them for associates who could not buy them directly under California law.
Garmo admitted in his plea agreement that as a law enforcement officer, he occupied a position of public trust that he abused to commit these offenses. Specifically, California law provided Garmo with a series of special firearms privileges—like the ability to purchase an unlimited number of handguns per month, and the right to purchase newer-model “off-roster” handguns not approved for initial sale to civilians—and Garmo abused these privileges to conduct his unlicensed firearms dealing.
Garmo also abused his position of trust as the chief law enforcement officer in charge of the Rancho San Diego Station to tip off his cousin—a partner in an illegal marijuana dispensary known as “Campo Greens”—by providing information he had received about an impending search of the cousin’s dispensary.
Garmo admitted lying to federal agents when asked about the tip-off during an interview, saying he would never put his fellow deputies “in harm’s way” by notifying the targets of a search warrant. In the plea, Garmo specifically acknowledged that he provided this information in order to help his cousin and Campo Greens evade law enforcement officers and avoid the seizure of the dispensary’s inventory and cash proceeds. Indeed, as alleged in the indictment, Campo Greens staff heeded Garmo’s secret warning by emptying the store of its valuable products and cash proceeds in advance of the impending search.
According to the indictment, Garmo continued his efforts to unlawfully assist his cousin weeks later, by seeking help from a San Diego County employee when Campo Greens was served with a nuisance abatement letter by County Code Enforcement that would force the illegal dispensary to cease operations. Having received a copy of the letter from his cousin, Garmo texted the County employee to ask “can we push it back?” The County employee answered, “Yes you can.”
As part of today’s guilty plea, Garmo admitted that he also sought to profit from a second unlicensed marijuana dispensary, when the County condemned the property housing the dispensary. In the summer of 2018, Garmo recommended that the dispensary’s landlord hire co-defendant Waiel Anton and another individual—then working for the County—as “consultants” to help get the condemned property reopened. According to Garmo’s plea agreement, Anton would pretend to rent the landlord’s property. In exchange for recommending the County employee as a “consultant,” the employee agreed to pay 10 percent of their fee to Garmo as a kickback. Garmo admitted that, when the proposal fell through and the landlord declined to hire Anton and the County employee, Garmo retaliated by telling the employee to have the County “piss on” the landlord.
According to the indictment, Garmo was a Sheriff’s deputy for the San Diego County Sheriff’s Department for almost 27 years until September 20, 2019. In his plea, Garmo admitted that he was engaged in the unlawful acquisition, transfer, and sale of firearms during his entire tenure as the Captain of the Rancho San Diego Station.
In fact, one of Garmo’s firearms transactions involved a brazen sale inside the Captain’s Office of the Rancho San Diego Station on October 28, 2016. Garmo admitted that on that date, he and co-defendant Giovanni Tilotta (a licensed San Diego gun dealer) sold a Glock handgun, an AR-15 style rifle, and a Smith & Wesson handgun to a local defense attorney inside Garmo’s office. Per the plea agreement, Garmo coordinated backdated paperwork to avoid the 10-day waiting period required by California law for handgun purchases, and Garmo supplied the attorney with San Diego Sheriff’s Department-issued ammunition. Garmo expressly admitted that this sale violated California law, which requires firearms sales to be conducted at the dealer’s premises, a gun show or special event, or at the buyer or seller’s home.
“This case involved stunning and sustained violations of the public trust by a high-ranking law enforcement officer who bent his public position to his private gain,” said Attorney for the United States Linda Frakes. “This office will not hesitate to hold accountable anyone who thinks that their badge or office is a license to break the law. All of the honorable men and women serving their communities in law enforcement deserve no less.”
Part of Garmo’s unlicensed firearms dealing operation involved directing his immediate subordinate, co-defendant Fred Magana, in completing a straw purchase of two firearms for co-defendant Leo Hamel, when Magana was serving as a Lieutenant under Garmo’s command. Magana entered a guilty plea on November 22, 2019 to aiding and abetting Garmo’s firearms trafficking by participating in that transaction. For his part, local jeweler and businessman Leo Hamel pleaded guilty the same day to aiding and abetting Garmo’s unlicensed firearms dealing. In his plea agreement, Hamel admitted working with Tilotta to create falsified records to make firearms straw purchases appear legitimate. Hamel also acknowledged that Garmo benefited from his arrangement with Hamel by securing Hamel’s future support for Garmo’s anticipated campaign for Sheriff of San Diego County.
According to the indictment, Waiel Anton aided and abetted Garmo’s unlicensed firearms dealing by helping Garmo’s firearms buyers apply for permits to carry a concealed weapon (“CCW”) as part of Anton’s “consulting” business. Anton’s “consulting” arrangement secured early CCW appointments for his clients to avoid a months-long backlog at the licensing desk—a benefit that Anton provided by leveraging his relationship with a member of the licensing staff to whom he had made an unlawful cash payment. In his plea today, Garmo admitted Anton’s role, and acknowledged that Anton would pay Garmo a kickback of $100 per CCW applicant that Garmo referred to Anton. Garmo expressly admitted receiving such a kickback in early February 2019 in exchange for referring an undercover ATF agent to Anton for his “consulting” services, and then lying to federal agents asking about money Garmo had received from Anton.
Anton is also charged with obstruction of justice for repeatedly urging one of his “consulting” clients—in reality, an undercover agent—to lie to federal investigators following the search of Anton’s residence in February. Per the indictment, Anton exhorted the undercover agent not to tell investigators about the $1,000 in cash Anton had charged the undercover agent to fast-track his CCW appointment, and to claim instead that Anton was helping him with his application because they were friends.
Garmo is set to be sentenced by U.S. District Judge Gonzalo P. Curiel on December 9, 2020 at 8:30 a.m. The next hearing in the ongoing case against Anton and Tilotta is set for October 8, 2020.
Garmo agreed to forfeit 58 firearms and 5,385 rounds of ammunition as part of his plea agreement. In total, approximately 291 firearms and 131,458 rounds of ammunition have been forfeited as part of this investigation.
Frakes praised the lead prosecutors on the case, Assistant U.S. Attorneys Nicholas Pilchak and Andrew Haden, as well as the dedicated investigators from the ATF and FBI. Frakes added that the U.S. Attorney’s Office wishes to extend its sincerest gratitude to the San Diego County Sheriff’s Department for initiating this investigation, and for their assistance and support throughout its course.
“ATF’s committed to investigating and preventing firearms trafficking, and ensuring federal firearms laws are followed so criminals do not acquire guns,” said ATF Los Angeles Field Division Special Agent in Charge Monique Villegas. “ATF will hold those who sell guns illegally accountable. ATF strives to keep our communities safe from gun-related crime.”
“Rather than fulfill his sworn duty to uphold the law, former San Diego Sheriff's Department Captain Marco Garmo used his position to benefit himself and those he sold weapons to in his unlawful firearms business,” said FBI Special Agent in Charge Suzanne Turner. “Garmo wore the badge, but ultimately, he failed his department and the public’s trust. Today’s plea demonstrates that no one is above the law – not even a high-ranking law enforcement official. At a time when many in the public are questioning their confidence in law enforcement, the FBI remains committed to vigorously pursuing corrupt and unlawful actions by those who wear the badge. Public confidence in law enforcement and upholding the integrity of dedicated law enforcement officers who honorably serve each and every day is a priority for the FBI.”
U.S. v. Garmo, et. al, 19-CR-4768-GPC
Defendants
Morad Marco Garmo, 52 years old
Leo Joseph Hamel, 62 years old
Giovanni Vincenzo Tilotta, 38 years old
Fred Magana, 42 years old
Waiel Yousif Anton, 35 years old
Summary of Charges
Title 18, U.S.C., Sec. 922(a)(1)(A) – Engaging in the Business of Dealing in Firearms Without a License
Maximum Penalty: Five years in prison
Investigating Agencies
Bureau of Alcohol Tobacco Firearms & Explosives (ATF)
Federal Bureau of Investigation (FBI)
*The charges and allegations contained in an indictment are merely accusations. The defendants are considered innocent unless and until proven guilty.
Former Nurse Indicted for Murder for Hire, Conspiracy to Kidnap and Murder A Person Overseas, Child Pornography OffensesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that a federal grand jury returned a Third Superseding Indictment on September 15, 2020, which charged Sean Fiore, 36, of Burlington, Vermont, with murder for hire, conspiracy to kidnap and murder a person overseas, and five child pornography offenses. A second person was charged with Fiore in the Third Superseding Indictment, but the identifying information about that person is currently under seal by order of the court. Fiore will be arraigned on the indictment before U.S. Magistrate Judge John M. Conroy on a date to be scheduled in the future.
According to court records and proceedings, a search warrant was executed at Fiore’s residence on May 17, 2019, as part of a coordinated operation by Homeland Security Investigations and the Vermont Internet Crimes Against Children Task Force where multiple residences were searched for child pornography. Fiore was arrested on that date. On the day of his arrest, Fiore was about to graduate from the University of Vermont with a degree as a nurse practitioner. On May 20, 2019, Magistrate Judge Conroy ordered Fiore released on conditions. On May 24, 2019, the grand jury returned a single-count indictment against Fiore that charged him with possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). On August 22, 2019, the grand jury returned a Superseding Indictment that added a single count of receipt of child pornography, in violation of 18 U.S.C. § 2252(a)(2). On May 21, 2020, Magistrate Judge Conroy ordered Fiore detained pending trial after finding he violated the terms and conditions of his pretrial release. On August 13, 2020, the grand jury returned a Second Superseding Indictment, which added a single count of use of a facility of interstate and/or foreign commerce (cell phone and Internet) with the intent that a murder be committed for money (murder for hire), in violation of 18 U.S.C. § 1958(a).
Today, September 15, 2020, the grand jury returned a Third Superseding Indictment, which added four counts. The first, conspiracy to kidnap and murder an individual in another country, in violation of 18 U.S.C. § 956, alleges that while Fiore was in Vermont, he requested that a person in another country (Codefendant #1) make a video for him that depicted the beating, torture, and killing of a kidnapped adult male. According to the grand jury, Fiore and Codefendant #1 communicated using email and social media regarding Fiore’s specifications for the video. Fiore sent approximately $4,000 to Codefendant #1 for the making of the video. On April 8, 2019, Fiore received a link from an email used by Codefendant #1 that accessed a video which depicted the torture and apparent killing of an adult male who was restrained and tied to a bed. The charged conduct in this count is related to the previously brought murder for hire count.
The Third Superseding Indictment also added three child pornography counts. Two counts charged that Fiore and Codefendant #1 produced and attempted to produce, and conspired to produce, a video file depicting a minor engaged in sexually explicit conduct, in violation of 18 U.S.C. § 2251. The final count alleged that Fiore and Codefendant #1 received and attempted to receive, and aided and abetted the receipt, of video files that depicted a child engaged in sexually explicit conduct, in violation of 18 U.S.C. §§ 2252(a)(2), 2.
U.S. Attorney Christina Nolan emphasized that the defendant is presumed innocent until and unless proven guilty. If convicted, Fiore’s sentence will be determined by the advisory United States Sentencing Guidelines, the sentencing factors set forth at 18 U.S.C. § 3553(a), and the impact, if any, of any mandatory minimum prison terms applicable to any count of conviction.
U.S. Attorney Nolan makes this announcement with Acting Assistant Attorney General Brian C. Rabbit of the Justice Department’s Criminal Division, and Michael Shea, acting Special Agent in Charge, Homeland Security Investigations (HSI), Boston. U.S. Attorney Nolan commended the efforts of the Homeland Security Investigations and the Vermont Internet Crimes Against Children Task Force, and is grateful for the expertise contributed to the prosecution by the Department of Justice (DOJ) Human Rights and Special Prosecutions Section, DOJ Child Exploitation and Obscenity Section, and DOJ Office of International Affairs.
Barbara A. Masterson, Assistant U.S. Attorney for the District of Vermont, and Mona Sahaf, Trial Attorney with the Department of Justice’s Human Rights and Special Prosecutions Section, are handling the prosecution of Fiore. Maryanne E. Kampmann of Stetler, Allen, Kampmann & Sussman, PLLC, represents Fiore.
U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice’s Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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 Member of Boston Latin Kings Chapter Pleads Guilty to Racketeering ConspiracyRead the Press Release
BOSTON – A former member of the Boston-based Devon Street Kings Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty today to racketeering charges. The defendant admitted to shooting in the direction of another Latin Kings member in June 2019.
Juan Figueroa, a/k/a “King Pun,” 25, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Dec. 9, 2020. Figueroa was arrested and charged in December 2019, at which time he was a member of the Devon Street Kings, a Boston-based Chapter of the Latin Kings, and had formerly been a member of the New Bedford Chapter.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
Figueroa admitted to participating in a June 2019 shooting in which he shot in the direction of a Latin Kings member who was in bad standing with the gang. Figueroa further admitted to creating numerous songs and accompanying music videos that served as compelling propaganda for the gang. Producing music under the name, “The Almighty King Pun,” Figueroa’s songs and music videos depicted the gang members brandishing firearms, boasting about their proclivity for violence and describing the scope of their successful drug distribution operations. The music videos featured groups of Latin Kings members wearing gang colors, clothing and symbols, and throwing up gang signs. The lyrics of these music videos taunted and threatened rival gang members.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Figueroa is the twelfth defendant to plead guilty in the case.
The RICO conspiracy charge provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; Boston Police Commissioner William Gross; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorney Philip A. Mallard and Mark Grady of Lelling’s Criminal Division are prosecuting the case.
The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. 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. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Massachusetts Man Sentenced for IRS Fraud SchemeRead the Press Release
BOSTON – An Illinois man, who previously lived in Massachusetts, was sentenced today in connection with a wire fraud scheme whereby victims were told they owed money to the Internal Revenue Service (IRS).
Ashokkumar Patel, a/k/a Andy Patel, 30, of Hoffman Estates, Ill., and formerly of Worcester and Plainville, Mass., was sentenced by U.S. District Court Judge Timothy S. Hillman to 40 months in prison, one year of supervised release and ordered to pay restitution to the victims in an amount to be determined. In June 2019, Patel pleaded guilty to one count of conspiracy to commit wire fraud, two counts of wire fraud and one count of money laundering.
From December 2013 to October 2014, Patel was part of a conspiracy whereby victims in the United States were contacted by individuals, primarily in India, and falsely told that they owed money to the IRS. The victims were told that in order to avoid imminent arrest they had to purchase MoneyPak, or other types of prepaid stored value cards, load thousands of dollars onto the cards and provide the serial numbers to the callers. After doing so, the victims’ money was quickly transferred to prepaid debit cards, such as Green Dot Debit Cards, which were then used to purchase money orders. Patel was responsible for purchasing the prepaid debit cards, using them to purchase money orders and then depositing the purchased money orders into various bank accounts, including his own. The loss amount to victims tied to Patel totaled $881,622.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett of Lelling’s Office prosecuted the case.
Former Lewisboro Town Justice Sentenced to Six Months in Prison for Tax EvasionRead the Press Release
Audrey Strauss, Acting United States Attorney for the Southern District of New York, announced today that MARC A. SEEDORF, a Carmel attorney, was sentenced in White Plains federal court to six months in prison for tax evasion. SEEDORF previously pled guilty before U.S. District Judge Cathy Seibel, who imposed today’s sentence.
Acting U.S. Attorney Audrey Strauss said: “Marc Seedorf, a member of the judiciary and former Assistant District Attorney, knew well his obligations under the law to file income tax returns and pay tax when due. Instead, he chose to conceal assets and provide false information to the IRS. For his admitted crime, Seedorf will now serve a six-month prison sentence and be compelled to pay his unpaid taxes.”
According to the allegations contained in the Information to which SEEDORF pled guilty, court filings, and statements made in public court proceedings:
During the relevant time period of 2009 through October 2019, SEEDORF was a Town Justice for the Town of Lewisboro, New York, and an Administrative Law Judge for Westchester County. SEEDORF also received income from the private practice of law.
SEEDORF did not file U.S. Individual Income Tax Returns for the tax years 2005 through 2015, despite being required to do so. As a result of the income SEEDORF earned from 2005 through 2008, he incurred a federal income tax liability of approximately $323,000, including interest and penalties (“SEEDORF’s 2005 Through 2008 Tax Liability”). As a result of the income SEEDORF earned from 2009 through 2013, he incurred a federal income tax liability of approximately $164,000, including interest and penalties (“SEEDORF’s 2009 Through 2013 Tax Liability”).
In early August 2012, SEEDORF received $1,524,116 in connection with the settlement of a civil lawsuit. At SEEDORF’s request, the law firm that represented SEEDORF in the lawsuit (“Law Firm-1”) deposited the settlement proceeds into its attorney trust account, to be disbursed to SEEDORF at an unspecified later date. In the following years, SEEDORF instructed Law Firm-1 to disburse portions of the settlement proceeds to accounts other than his personal bank account, including his law firm’s operating account, his law firm’s attorney trust account, and his brother-in-law’s personal account, in order to disguise the source of funds he used to make payments to the IRS and other creditors, and the existence of the remainder of the settlement proceeds.
From January 2010 through June 2013, the IRS attempted to collect SEEDORF’s 2005 Through 2008 Tax Liability, including by mailing letters to SEEDORF and requesting documents and records from SEEDORF. SEEDORF failed to provide any records to the IRS or make any payment toward SEEDORF’s 2005 Through 2008 Tax Liability.
In June 2013, after the IRS initiated a process to place a levy upon an investment account held by SEEDORF, he instructed Law Firm-1 to wire $400,000 of the settlement proceeds to his own law firm’s attorney trust account, from which he then paid his outstanding 2005 Through 2008 Tax Liability. During a conversation with an IRS Revenue Officer concerning the source of these funds, SEEDORF falsely stated that he had borrowed the funds from his own law firm’s trust account.
During a December 2014 IRS interview, an IRS Revenue Agent asked SEEDORF whether he had received any non-taxable income during the period from 2009 through 2013. During the interview, SEEDORF never disclosed the 2012 law suit settlement or the existence of the more than $540,000 of settlement proceeds that remained in Law Firm-1’s attorney trust account at that time.
In all, SEEDORF caused the IRS to incur losses of over $200,000, including penalties and interest.
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In addition to the prison term, Judge Seibel ordered SEEDORF, 64, of South Salem, New York, to serve three years of supervised release, and to pay a fine in the amount of $55,000. SEEDORF has already paid $207,219 in restitution to the IRS.
Ms. Strauss praised the outstanding work of IRS Criminal Investigation in this case.
This case is being prosecuted by the Office’s White Plains Division. Assistant U.S. Attorney Jeffrey C. Coffman is in charge of the prosecution.
Former Leader of Latin Kings Pleads Guilty to Racketeering Conspiracy and Drug Conspiracy ChargesRead the Press Release
BOSTON – A former member of the Connecticut Almighty Latin King and Queen Nation (“Latin Kings”) leadership body, known as the “Crown Council,” pleaded guilty today to racketeering conspiracy charges.
Hector Vega, a/k/a “King Demon,” 34, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Dec. 22, 2020. Vega was arrested and charged in December 2019, at which time he was a member of the Crown Council for the Latin Kings in Connecticut.
The Latin Kings are a violent gang comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the criminal organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and is motivated by a desire to further its influence and to protect its turf from rival gangs.
Evidence developed during the investigation included recordings of Vega presiding over a Latin Kings “trial” against two Massachusetts members who had violated rules of the gang. Regional leadership of the Latin Kings chose Vega and the Connecticut Crown Council as the judges for the trial in order for the hearing to be unbiased. After hearing evidence from members and finding the two members guilty of violating Latin Kings rules, Vega and the Crown Council ordered the beatings of both members, which were captured on recording. Vega participated in the assault of one of the members.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Vega is the thirteenth defendant to plead guilty in the case.
The RICO conspiracy charge provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Commissioner Carol Mici of the Massachusetts Department of Correction made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorney Philip A. Mallard and Mark Grady of Lelling’s Criminal Division are prosecuting the case.
The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. 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. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Employee at Los Alamos National Laboratory Sentenced to Probation for Making False Statements About Being Employed by ChinaRead the Press Release
Turab Lookman, 68, of Santa Fe, New Mexico, was sentenced on Sept. 11 to five years of probation and a $75,000 fine for providing a false statement to the Department of Energy. Lookman is not allowed to leave New Mexico for the term of his probation.
On June 6, 2018, Lookman, then an employee at Los Alamos National Laboratory, falsely denied to a counterintelligence officer that he had been recruited or applied for a job with the Thousand Talents Program, established by the Chinese government to recruit individuals with access to or knowledge of foreign technology and intellectual property. Lookman pleaded guilty to the charge in January.
The FBI investigated this case. Assistant U.S. Attorneys George Kraehe and Jon Stanford prosecuted the case.
Former DEA Agent and His Wife Plead Guilty for Roles in Scheme to Divert Drug Proceeds from Undercover Money Laundering InvestigationsRead the Press Release
A former Drug Enforcement Administration (DEA) special agent and his wife pleaded guilty Monday to all charges in a 19-count indictment unsealed against them on Feb. 21, 2020. U.S. Magistrate Judge Thomas Wilson accepted the guilty pleas in U.S. District Court for the Middle District of Florida.
Jose Ismael Irizarry, 46, and his wife, Nathalia Gomez-Irizarry, 36, admitted to participating in a seven-year scheme to divert over $9 million in drug proceeds from undercover money laundering investigations into bank accounts that they and co-conspirators controlled. Irizarry and Gomez-Irizarry are scheduled to be sentenced at a later date.
“In a shocking breach of the public’s trust, former DEA Special Agent Jose Irizarry, together with his wife, Nathalia Gomez-Irizarry, abused his position by illegally diverting millions of dollars in drug proceeds from undercover operations to personally benefit themselves,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “Sworn law enforcement agents are entrusted with great responsibility, and the department will hold accountable those who exploit their positions to profit from public corruption.”
“Irizarry joined forces with the same criminal drug organizations he promised to investigate and prosecute, “said U.S. Attorney Byung J. “BJay” Pak for the Northern District of Georgia. “He and his wife now stand as convicted felons, potentially facing years in federal prison with little to show for the betrayal of his oath to uphold the law.”
“This former federal agent turned his back on the people he swore to protect and caved to greed and deceit,” said Special Agent in Charge Michael F. McPherson of the FBI’s Tampa Field Office. “The FBI will not tolerate those who abuse the public trust and will persist in safeguarding the American people from public corruption.”
“HSI is committed to maintaining the public’s confidence in our law enforcement community by rooting out those corrupt individuals and criminal organizations who abuse the U.S. financial system for their own personal gain,” said Acting Special Agent in Charge Kevin Sibley of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Tampa Field Office. “By working in partnership with federal, state, local and international partners, this investigation is a prime example of law enforcement agencies working collaboratively in pursuit of justice.”
“Rather than upholding his oath to stop drug trafficking and money laundering, Irizarry actively participated in these schemes and collected millions of dollars for himself and his associates,” said Special Agent in Charge James F. Boyersmith of the Department of Justice Office of the Inspector General (OIG) Miami Field Office. “Irizarry’s conduct enabled criminals, endangered the public, and jeopardized public trust in law enforcement.”
“DEA worked with the FBI, the U.S. Attorney, and others in law enforcement to investigate and bring Irizarry to justice,” said DEA Acting Administrator Timothy J. Shea. “Law enforcement, at any level, is based upon integrity and public trust. DEA employees work tirelessly every day to keep our communities safe from drug-related crime, and former DEA Special Agent Jose Irizarry’s criminal actions do not reflect the high standards of conduct we demand of our employees and our agents. Corruption and betrayal of the American people - the very people we stand to protect – have no place at DEA, and neither does Mr. Irizarry.”
“It’s never pleasant to employ our unique financial investigative skills against a member of the law enforcement community, but no one dislikes a bad cop more than a good cop,” said Special Agent in Charge Brian Payne of the IRS Criminal Investigation’s (IRS-CI) Tampa Field Office. “Thankfully, the vast majority of federal, state, and local law enforcement officers vigilantly honor the badge, and we take great pride in teaming up with them. Together with our federal partners, we worked tirelessly to uncover the disgrace this particular agent attempted to bring on our profession.”
Irizarry filed for personal bankruptcy protection in December of 2010. As part of his plea, he admitted that soon after his bankruptcy was filed he began to exploit his position of public trust as a special agent to divert funds from undercover DEA money laundering investigations to himself and to co-conspirators. Diverted funds were then used to purchase jewelry, luxury cars, and a home. The scheme lasted throughout Irizarry’s assignments to the DEA’s Miami Field Division and to its office in Cartagena, Colombia. Irizarry resigned from the DEA in January of 2018.
Irizarry further admitted that he and his criminal associates opened a bank account with a stolen identity and then utilized the account to secretly send and receive drug proceeds from active DEA investigations. Gomez-Irizarry admitted that she allowed her bank accounts and a Florida corporation in her name to be used in the scheme. By his own admission, Irizarry was in personal bankruptcy proceedings for nearly the duration of his criminal conduct and failed to disclose any of his illicit income to the U.S. Bankruptcy Court.
Irizarry pleaded guilty to conspiracy to launder monetary instruments, honest services wire fraud, bank fraud, conspiracy to commit bank fraud, conspiracy to commit identity theft, and aggravated identity theft. Gomez-Irizarry pleaded guilty to conspiracy to launder monetary instruments.
Trial Attorneys Joseph Palazzo and Mark A. Irish of the Criminal Division’s Money Laundering and Asset Recovery Section and First Assistant U.S. Attorney Kurt Erskine of the Northern District of Georgia, are prosecuting the case.
The FBI, HSI, Justice Department’s OIG, DEA, and IRS-CI investigated the case with significant contributions from former Assistant U.S. Attorney James Mandolfo and investigators William Campbell and Paul Serletti. The U.S. Marshals Service, U.S. Customs and Border Protection, the Justice Department’s Office of International Affairs, the Narcotic and Dangerous Drug Section’s Judicial Attaché’s Office in Bogota, Colombia, the U.S. Attorney’s Offices for the District of Puerto Rico, Southern District of New York, and the Eastern District of Texas, the Colombian Attorney General’s Office (Fiscalia General de la Nacion), the Department of Homeland Security’s Office of Inspector General, and the South Florida Money Laundering Strike Force at the Miami-Dade State Attorney’s Office provided valuable assistance.
Federal, State and Local Law Enforcement Arrest Seven throughout Central Texas for Methamphetamine Distribution OperationRead the Press Release
Federal and state authorities arrested seven individuals in McLennan, Bell and Coryell counties for their roles in a methamphetamine distribution operation, announced U.S. Attorney John F. Bash; Drug Enforcement Administration (DEA) Special Agent in Charge Steven S. Whipple, Houston Division; and, Texas Department of Public Safety Director Steven McCraw.
Those arrested today include: Rodney Macpherson (aka “Todd”), age 51 of Temple, TX; Anna Ruetz (aka “Dani”), age 30 of Waco; Blake Deeann Blanchard, age 30 of Gatesville, TX; Shae Lynn Rice, age 55 of McGregor, TX; Lamarcus Lamond Minter, age 41 of Moody, TX; and, Roberto Gonzalez, age 34 of McGregor. Ulysses Lopez, age 46 of McGregor, was already in state custody prior to today.
A federal grand jury indictment unsealed today charges the defendants with conspiracy to distribute methamphetamine.
Those seven are a follow-up to 15 arrests earlier this year in connection with this investigation, including 25-year-old McGregor resident Gabriel Flores-Benitez. Authorities allege that under the leadership of Flores-Benitez, this organization was responsible for the sale and distribution of large amounts of methamphetamine throughout Central Texas since May 2019.
Authorities, to date, have seized approximately two kilograms of methamphetamine and three firearms attributable to this drug trafficking organization.
“Transnational and violent drug traffickers should take note that federal, state, and local law enforcement in Central Texas is well organized, cooperative and highly effective,” said DEA Special Agent in Charge Whipple. “This investigation is an excellent example of how area law enforcement agencies work together to make this community safer.”
Upon conviction, MacPherson faces between ten years and life in federal prison. The remaining defendants face between five and 40 years in federal prison upon conviction.
The Texas Department of Public Safety Criminal Investigations Division, DEA, 220th Judicial District Attorney’s Office, Bosque County Sheriff’s Office, Hamilton Police Department, Comanche Police Department and Coryell County Sheriff’s Office investigated this case. The Temple Police Department, Bell County Sheriff’s Department, McLennan County Sheriff’s Department, McGregor Police Department, Comanche County Sheriff’s Office and U.S. Marshals Service provided valuable assistance during this investigation.
All of those arrested today remain in federal custody. Detention hearings are expected to occur next week before U.S. Magistrate Judge Jeffrey Manske in Waco.
Assistant U.S. Attorneys Mark Frazier and Stephanie Smith-Burris are 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 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.
Federal, State and Local Agencies Work Together to Curb Gun Violence in ShreveportRead the Press Release
SHREVEPORT, La. – Acting United States Attorney Alexander C. Van Hook, along with Caddo Parish District Attorney James E. Stewart, Shreveport Police Chief Ben Raymond and Caddo Parish Sheriff Steve Prator, and agents from the ATF, FBI and DEA, held a press conference today to discuss their efforts to increase the investigation and prosecution of cases against violent criminals in the City of Shreveport.
In November 2019, U.S. Attorney General William Barr announced the launch of Project Guardian, a nationwide strategic plan to reduce gun violence and enforce federal firearms laws across the country. Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. Project Guardian emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
Another federal partnership initiative with local law enforcement to address the rise in violent crimes in our nation has also been introduced and named, Operation Legend. This operation honors the memory of four-year old LeGend Taliferro, who was shot and killed while asleep in bed early in the morning of June 29 in Kansas City, Missouri. Operation Legend began in the larger cities of our nation which have seen a spike in violent crime, including Kansas City, Missouri, St. Louis, Albuquerque, Chicago, Cleveland, Detroit, Memphis, Milwaukee and Indianapolis. These gun crimes are not just a problem in our larger cities, but also here in the Western District of Louisiana.
The Project Guardian program, along with Operation Legend, encourages joint efforts between federal and local law enforcement agencies. Because of these programs and joint efforts of the agencies that are represented here today and other law enforcement partners, we have brought over 386 federal firearm prosecutions in the Western District of Louisiana since 2017 and our efforts are increasing. Below are some statistics:
- FY17 through FY19, the U.S. Attorney’s Office prosecuted approximately 285 firearm related offenses, including felons and drug dealers in possession of firearms, in the entire Western District of Louisiana, with 113 defendants being in the Shreveport Division alone.
- These prosecutions represent approximately three times the number of such cases than have been brought in previous years.
- On average, that is 82 cases per year being prosecuted in our district.
These numbers show that we have been committed to prosecuting federal firearm cases and getting dangerous criminals off the streets of our city and pledge to work even harder to bring these offenders to justice. Cooperation with our state and local law enforcement partners in bringing these federal firearms indictments allows our state and local partners to concentrate on other crimes in our district.
Too many lives have been tragically lost and too many people have been senselessly injured due to gun violence in our city– including most recently this past weekend when a 2-year-old was shot in the abdomen during an exchange of gunfire between multiple people. This innocent toddler is now fighting for his life. Since May 2020, there have been shootings in Shreveport where at least ten innocent children have been shot and some killed. Our organized efforts are in honor of these and the many other victims who suffered at the hands of these dangerous criminals. Many Shreveport neighborhoods are filled with gun shots being fired randomly. Local community leaders and officials have held prayer vigils and rallies to try to bring awareness to this situation and encourage individuals in our community to stop the gun violence.
“The aim of Project Guardian and Operation Legend is to provide safe neighborhoods in Shreveport and surrounding areas where the people can safely live, work and raise their families by removing the most violent and dangerous offenders from our streets,” said Acting U.S. Attorney Alexander C. Van Hook. “This is a challenging situation for the Shreveport area but we are committed to working with our federal, state and local law enforcement partners to address the crime surge in Shreveport. Individuals who take another’s life by pulling a trigger without a second thought must stop. We will not be deterred, and we will continue to step up the pressure on these bad actors. The message is clear, if you threaten the safety and security of innocent people in our communities, you will face the consequences.”
Caddo Parish Sheriff Steve Prator also stated: “Sadly our community is experiencing a proliferation of gun violence. The common thread is the illegal possession of guns by gangsters, many of which are supplying illicit drugs to our young people. We MUST cut this thread by aggressive law enforcement and prosecution of these thugs.”
Shreveport Police Chief Ben Raymond stated: “The Shreveport Police Department values the relationships we have with the U.S. Attorney’s Office, Caddo Parish District Attorney’s Office, Caddo Parish Sheriff’s Office, and numerous other agencies in our combined efforts to decrease violent crime. It takes a unified effort to address violence in our community and working together toward that goal is key to our success.”
If you have any information related to individuals committing crimes of violence in Shreveport, please contact Shreveport Police at 318-673-7300 #3, 318-673-6955 or Crime Stoppers at 318-673-7373.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Federal Judge in San Antonio Accepts Guilty Plea and Sentences QuantaDyn Corporation to Pay Millions of Dollars in Fines and Restitution for Bribery and Government Contract Fraud SchemeRead the Press Release
In San Antonio today, an Ashburn, VA-based software engineering company called QuantaDyn Corporation (QuantaDyn) entered a guilty plea to a federal charge in connection with a bribery and government contract fraud scheme that spanned more than a decade and impacted contract awards worth hundreds of millions of dollars. In addition, the corporation has agreed to pay a $6.3 million fine and more than $37 million in restitution.
That announcement was made today by U.S. Attorney John F. Bash; Special Agent in Charge Jamie Willemin of the General Services Administration—Office of the Inspector General (GSA-OIG), Greater Southwest and Rocky Mountain Investigations Division; Special Agent in Charge Richard D. Goss of the Internal Revenue Service-Criminal Investigation (IRS-CI), Houston Field Office; Special Agent in Charge Michael Mentavlos of the Defense Criminal Investigative Service (DCIS), Southwest Field Office; Special Agent in Charge Ray Rayos of the U.S. Army Criminal Investigation Command, Southwestern Fraud Field Office (USACID); and, Special Agent in Charge Blair Holmstrand of the Air Force Office of Special Investigations (AFOSI), Procurement Fraud Detachment 3 in San Antonio.
William T. Dunn, Jr., the majority owner, President and Chief Executive Officer for QuantaDyn, appeared before U.S. District Judge Fred Biery and entered a guilty plea on behalf of the corporation to conspiracy to commit wire fraud. In addition to the fines and restitution, Judge Biery assessed a money judgment forfeiture against the corporation in the amount of $22,834,526.31 and forfeiture of seized assets in the amount of $7,099,863.77. Judge Biery also placed QuantaDyn on probation for five years.
“I am proud that our team and our law-enforcement partners were able to obtain justice for the American taxpayer in this case. We will not tolerate fraud against important federal programs,” stated U.S. Attorney Bash.
In October 2019, a federal grand jury in San Antonio returned an indictment against QuantaDyn, one of its owners, Herndon, VA, resident David Joseph Bolduc, Jr.; San Antonio resident Keith Alan Seguin; and, Atlanta, GA, area resident Rubens Wilson Fiuza Lima.
The indictment alleges the defendants carried out their contract fraud scheme from 2006 to 2018. Specifically, Bolduc and QuantaDyn paid more than $2.3 million in bribes to Seguin, a civilian employee of the 502 Trainer Development Squadron at Randolph Air Force Base in San Antonio, who was intimately involved in the government contract process. In return, Seguin used his position to steer lucrative government contracts and sub-contracts to QuantaDyn for aircraft and close-air-support training simulators. The indictment further alleges that a portion of the bribe money paid to Seguin was laundered through Fiuza Lima’s business, Impex, Inc., for a ten percent fee.
The three-count indictment charges Bolduc, QuantaDyn, Seguin and Fiuza Lima with one count of conspiracy to defraud the U.S., one count of conspiracy to commit wire fraud, and one count of conspiracy to commit money laundering.
Upon conviction, Bolduc, Seguin and Fiuza Lima could face terms of imprisonment up to five years for conspiracy to defraud the U.S., up to 20 years for conspiracy to commit wire fraud, and up to 20 years for conspiracy to commit money laundering. This case is currently scheduled for jury selection and trial on February 1, 2021, before Judge Biery in San Antonio.
“GSA plays a vital role in the government's ability to procure mission-critical products. Contractors and subcontractors are expected to be honest, transparent, and fair when doing business with the United States. American taxpayers can expect allegations of corrupt business practices to be thoroughly investigated by GSA OIG and its investigative partners to protect the integrity of the procurement process and the mission of our warfighters,” stated GSA-OIG Special Agent in Charge Willemin, Greater Southwest and Rocky Mountain Investigations Division.
“Today's sentencing is a direct result of the excellent partnership between multiple federal agencies and the U.S. Attorney’s Office in combating violations of Federal law,” said IRS-CI Special Agent in Charge Goss. “IRS Criminal Investigation will continue to pursue corporations such as QuantaDyn, who illegally target our nation’s tax dollars for personal financial gain by defrauding our government and the United States armed forces.”
“The Defense Criminal Investigative Service will utilize all available resources to pursue allegations of fraud and corruption bearing effect on the DoD and America's warfighters,” stated DCIS Southwest Field Office Special Agent in Charge Mentavlos. “This outcome is an example of the steadfast commitment of DCIS, and our Law Enforcement partners, to ensuring the integrity of the DoD contract process and taxpayer resources.”
“Today’s sentencing represents the success of the US Army CID Major Procurement Fraud Unit and partner agencies in policing and maintaining the integrity of our defense procurement systems,” stated USACID Major Procurement Fraud Unit Special Agent in Charge Rayos.
“The collaboration between GSA-OIG, DCIS, U.S. Army CID, IRS-CI, AFOSI, and the U. S. Attorney’s Office of the Western District of Texas, has been significant and we are looking forward to seeing the final results of the hard work put forth by all agencies involved,” said AFOSI Special Agent in Charge Holmstrand.
Simultaneous with the corporation entering a guilty plea in the criminal case, the Department of Justice today announced that the United States and QuantaDyn have reached a settlement agreement to resolve civil allegations related to the bribery scheme. QuantaDyn’s agreement to pay $37,757,713.91 in restitution ordered by Judge Biery today will resolve the company’s civil False Claims Act liability for the scheme. Dunn separately paid $500,000 to resolve his personal False Claims Act liability.
“When government contractors pay bribes to military contracting officials to obtain contracts, they prevent both our military and the American taxpayers from receiving products that are procured fairly and objectively and at a reasonable price,” said Acting Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Civil Division. “Today’s settlement demonstrates our continuing commitment to protecting the integrity of the government’s procurement process and ensuring that is untainted by fraud and corruption.”
The GSA-OIG, IRS-CI, DCIS, USACID, and AFOSI continue to investigate this case. Individuals who may have information about this scheme or these defendants are asked to call the GSA-OIG fraud reporting hot line at (800) 424-5210, send an email to [email protected], or go online to www.gsaig.gov and click on the “report FRAUD” link. U. S. Attorney Bash extends his appreciation to the U.S. Attorney’s Offices in the Eastern District of Virginia, Southern District of Ohio, and Northern District of Georgia for their valuable assistance.
Assistant U.S. Attorney William F. Lewis, Jr., Special Assistant U.S. Attorney Jay Porier, and Assistant U.S. Attorney Alan Buie are prosecuting this case on behalf of the government. Assistant U.S. Attorneys Jacquelyn Christilles and Thomas Parnham are handling the civil 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 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.
Executive Office for U.S. Attorneys Recognizes Seven Members of the U.S. Attorney’s Office/District of New Jersey for Outstanding WorkRead the Press Release
NEWARK, N.J. – Seven members of the U.S. Attorney’s Office, District of New Jersey, are among those who were honored by the Department of Justice’s 36th Annual Director’s Awards this year, U.S. Attorney Craig Carpenito announced today.
Executive Assistant U.S. Attorney Rahul Agarwal received a Director’s Award for Superior Performance in the Criminal Division. AUSA Agarwal led the investigation and prosecution of seven Paterson, New Jersey, police officers for crimes including the brutal assault of a suicidal hospital patient; the distribution and sale of narcotics; unlawful vehicle stops, searches, and seizures; unlawful use of force; and the theft and extortion of money and property from Paterson residents. His work, which was described in the local press as “a story of the justice system working,” is an example of the important role that the Department of Justice continues to play in maintaining public trust in our local police departments and in ensuring that every community receives the commitment to public safety to which it is entitled.
Assistant U.S. Attorneys Michael Campion, Chief of the office’s Civil Rights Unit, and Kelly Horan Florio, a member of that unit, each received a Director’s Award for Superior Performance in the Civil Division, for their productive and successful affirmative civil enforcement practice. Collaborating with DOJ’s Civil Rights Division and other Department of Justice colleagues, they zealously pursue and obtain justice on behalf of those who have been deprived of their civil rights. Among other causes, they have fought for the rights of military personnel under the Servicemembers Civil Relief Act, the disabled and mobility-impaired under the Americans with Disabilities Act, the imprisoned under the Civil Rights of Institutionalized Persons Act, victims of discrimination under the Civil Rights Act and the Fair Housing Act, and persons of faith under the Religious Land Use Institutionalized Persons Act. As recognized experts in civil rights, they are frequent speakers at events across New Jersey, educating the public about civil rights and the Department's notable civil rights initiatives, including the Department's Initiative to Combat Sexual Harassment in Housing, Place of Worship Initiative and the Servicemembers and Veterans Initiative.
A team comprised of nine attorneys and eLitigation professionals from the U.S. Attorney’s Office and the Executive Office for U.S. Attorneys (EOUSA) were honored for their cooperative effort in overhauling the eLitigation practices and protocols for the District of New Jersey. The award recipients from the U.S. Attorney’s Office, Jason DeJesus, Sergey Gluzberg, Richard Jones, and AUSA Daniel Shapiro, formulated the Office’s standalone eLitigation Unit; improved the eLitigation competencies of paralegals; developed and automated a common folder structure for civil and criminal cases; instituted an electronic system for the generation and tracking of grand jury subpoenas; and adopted workflows for the intake, processing, review, and production of data. They were honored together with Susan Cooke, John Haried, Tonia Jones, Tammy Reno, and Virginia Vance from EOUSA, who provided exemplary support throughout the restructuring.
“Every day, the men and women who work in our office do their jobs with an extraordinary level of skill and professionalism,” U.S. Attorney Craig Carpenito, District of New Jersey, said. “That our work was recognized in three separate areas this year – criminal, civil and administrative – speaks to that dedication throughout every aspect of our work. I am particularly pleased that the Department this year recognized our office’s enduring commitment to protecting Americans’ civil rights through both affirmative civil enforcement and criminal investigation and prosecution. I congratulate all of the recipients on their achievements and am proud to call myself their colleague.”
The traditional ceremony held in the Great Hall at the Robert F. Kennedy Department of Justice Building had to be cancelled this year in response to the COVID-19 pandemic.
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
Eureka man admits trafficking meth, heroinRead the Press Release
MISSOULA – A Eureka man today admitted a drug trafficking crime after law enforcement found methamphetamine, heroin and firearms at his residence, U.S. Attorney Kurt Alme said.
Tracy Eugene Conard, 50, pleaded guilty to possession with intent to distribute controlled substances. Conard faces a minimum mandatory five years to 40 years in prison, a $5 million fine and at least five years of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Conard was released pending further proceedings. Sentencing was set for Jan. 8, 2021.
The prosecution said in court documents that in October 2019, the Lincoln County Sheriff's Office was investigating Conard and officers conducted a controlled buy in which an informant bought meth from Conard. The investigation led to law enforcement obtaining a search warrant for Conard's residence. Officers found 53.6 grams of meth, 9.9 grams of black tar heroin and numerous firearms and ammunition.
Assistant U.S. Attorney Jennifer Clark is prosecuting the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lincoln County Sheriff's Office.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Drug User Who Unlawfully Possessed a Firearm Sentenced to Federal PrisonRead the Press Release
A drug user who unlawfully possessed a rifle was sentenced September 10, 2020, to more than seven months in federal prison.
Isaiah Roy Mixon, age 21, from Spencer, Iowa, received the prison term after a guilty plea to possession of a firearm by a drug user.
Information provided at his detention, change of plea, and sentencing hearings revealed that on January 6, 2019, Spencer, Iowa police officers responded to a request for a welfare check of defendant at his residence. Mixon was found in possession of 12 grams of marijuana, packaging materials, grinders, recently opened odorless bags that had been mailed to him, $12,000 in cash, and a DPMS .223 rifle and ammunition.
Mixon was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Mixon was sentenced to 7 months’ 28 days imprisonment. He must also serve a 6-month term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
Mixon is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Spencer, Iowa Police Department and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-4074.
Follow us on Twitter @USAO_NDIA.
District Court Orders Illinois Sprouts and Soybean Products Company to Comply with Food Safety RulesRead the Press Release
A federal court permanently enjoined a Chicago firm from preparing and distributing adulterated sprouts and soybean products in violation of federal law, the Department of Justice announced today.
In a civil complaint filed September 15, 2020 at the request of the U.S. Food and Drug Administration (FDA), the United States alleged that Fortune Food Product, Inc., company president Steven Seeto, and supervisor Tiffany Jiang violated the Federal Food, Drug, and Cosmetic Act by growing sprouts and preparing soy products that FDA inspections showed did not comply with food safety regulations. According to the complaint, FDA issued a warning letter to the company in 2018, and tests in 2018 and 2019 revealed Listeria species inside the facility and E. coli in water used to irrigate sprouts.
“The food consumers buy must be safe to eat,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “The Department of Justice will continue to partner with the FDA to ensure that companies follow food safety rules and prepare food in sanitary conditions.”
The defendants agreed to be bound by a consent decree filed with the complaint in U.S. District Court for the Northern District of Illinois. The order entered by the court permanently enjoins the defendants from violating the Food, Drug, and Cosmetic Act and the Produce Safety Rule, and it requires Fortune Food to stop growing and packing sprouts or preparing other foods unless it complies with specific remedial measures set forth in the injunction.
“We are committed to protecting the food supply and when a company fails to follow the law, we will take action,” said FDA Chief Counsel Stacy Cline Amin, J.D. “The FDA worked closely with DOJ to obtain this injunction and protect consumers.”
Trial Attorney Douglas Ross of the Civil Division’s Consumer Protection Branch represented the United States with the assistance of Associate Chief Counsel for Enforcement William Thanhauser of FDA’s Office of the Chief Counsel, and the U.S. Attorney’s Office for the Northern District of Illinois.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Northern District of Illinois, visit its website at https://www.justice.gov/usao-ndil.
Death Resulting Charges Filed in Waterford Homicide CaseRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that a federal grand jury returned a 19-Count Fourth Superseding Indictment today charging Krystal Whitcomb, 28, formerly of Waterford, VT, Michael Hayes a.k.a. Moe, 38, formerly of Washington, DC, and John Welch, 34, formerly of Woodsville, NH, with using and carrying a firearm during and in relation to a drug trafficking crime, during which Whitcomb, Hayes and Welch caused the death of Michael Pimental by murder. Whitcomb, Hayes and Welch were also charged with discharging a firearm during and in relation to a drug trafficking crime and conspiracy to use and carry a firearm during a drug trafficking crime. Two new defendants were added to the indictment: Michael Ashford, 31, of Ryegate, VT, who is charged in a cocaine conspiracy with Hayes and Welch; and a sealed defendant who is charged as an accessory after the fact along with Hayes. The defendants will be arraigned on the indictment before U.S. Magistrate Judge John M. Conroy at a date to be scheduled in the future.
According to court documents and proceedings, on October 14, 2018, the body of Michael Pimental was found along the side of the road in Concord, VT. Pimental had been shot and his death has been ruled a homicide. Pimental was the boyfriend of Krystal Whitcomb and investigation revealed that Whitcomb and Pimental had been distributing heroin out of their residence in Waterford, VT. Michael Hayes, Michael Ashford and John Welch, all acquaintances of Whitcomb’s, were also involved in the sale of drugs. In and around the weekend of October 12, 2018, Whitcomb, Hayes and Welch planned the homicide of Pimental and on October 13, 2018, John Welch shot Pimental in connection with a drug trafficking crime. On October 14, 2018, Whitcomb and Hayes were stopped in New Hampshire in a Cadillac registered to Pimental. A search of the vehicle recovered firearms, and a large quantity of drugs and U.S. currency. Pimental’s blood was also found in the trunk of the car.
In February 2019, John Welch offered to sell a firearm to a person in NH. Shortly thereafter, law enforcement found Welch along the side of the road in Bath, NH, attempting to dig in the ground with a shovel. Because it was February and the ground was frozen, law enforcement was not able to search the area where Welch had been digging. However, in June 2019, law enforcement returned to the same location where Welch had been digging and ultimately found a backpack containing a firearm believed to be the murder weapon.
The death resulting charge, 18 U.S.C. § 924(j), is punishable either by death or up to life imprisonment. The government has notified the court and the parties that the government will not seek the death penalty against the defendants. On the death resulting charge, Whitcomb, Hayes and Welch therefore each face a possible life sentence and up to a $250,000 fine.
Whitcomb, Hayes and Welch also face a mandatory minimum sentence of 10 years, a maximum of life, and up to a $250,000 fine on the charge of discharging a firearm during and in relation to a drug trafficking crime. On the cocaine conspiracy charge, Ashford faces a mandatory minimum sentence of 5 years, a maximum sentence of 40 years, and up to a $5,000,000 fine. The accessory after the fact charge carries a maximum of 15 years in prison and up to a $250,000 fine. The actual sentences would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The United States Attorney emphasizes that the charges in the indictment are merely accusations, and that the defendant is presumed innocent unless and until he is proven guilty.
This case was investigated by the Vermont State Police Major Crime Unit and the Department of Homeland Security Investigations.
“Today’s indictment is the result of a longstanding and successful collaboration between state and federal law enforcement,” said Maj. Dan Trudeau, commander of the Vermont State Police Criminal Division. “The Vermont State Police would like to thank all the investigators for their tireless work on this case.” U.S. Attorney Christina Nolan stated: “The grand jury indictment is the product of a relentless focus by law enforcement on combatting violent crime and the strong partnerships amongst Vermont law enforcement at all levels.”
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.
The United States is represented in this matter by Assistant U.S. Attorneys Wendy L. Fuller and John J. Boscia. Krystal Whitcomb is represented by Michael Straub, Esq. Michael Hayes a.k.a. Moe is represented by Tom Sherrer, Esq. John Welch is represented by Robert S. Behrens, Esq. Michael Ashford is represented by Gordon Gebauer, Esq.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting firearm use and possession crimes; prioritizes prosecuting persons who make false statements when attempting to obtain firearms; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives concerning persons who attempt to obtain firearms illegally; coordinates responses to persons prevented from obtaining firearms for mental health reasons; and ensures the use of modern intelligence tools and technology to focus on the criminals posing the greatest threat to our communities.
For more information, please see https://www.justice.gov/projectguardian.
Dayton Man Sentenced to 140 Months for Methamphetamine and Fentanyl TraffickingRead the Press Release
ASHLAND, Ky. - A Dayton, Ohio man, Robert Amos, 33, was sentenced in federal court on Monday, to 140 months in prison, before U.S. District Judge David Bunning, for possession with intention to distribute methamphetamine and fentanyl.
According to his plea agreement, Amos admitted that when he was stopped by law enforcement, he was in possession of 50 grams or more of methamphetamine and a quantity of fentanyl for distribution.
Amos pleaded guilty in May 2020.
Under federal law, Amos must serve 85 percent of his prison sentence. Upon his release, he will be under the supervision of the U.S. Probation Office for six years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and J.T. Scott, Special Agent in Charge, DEA Louisville Field Division, jointly announced the guilty plea.
The investigation was conducted by DEA and the FADE Drug Task Force. The United States was represented by Assistant U.S. Attorney Cynthia Rieker.
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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Currituck County Man Sentenced in Federal Court for Illegal Gun PossessionRead the Press Release
NEW BERN, N.C. – A Moyock man was sentenced today to 77 months in prison for possession of a firearm by a felon.
According to court documents, Zakem Rahmere Clinton, age 27, was found in possession of a loaded firearm upon the execution of a search warrant at his residence in Moyock. The Currituck County Sheriff’s Office received information from Virginia Beach, VA, authorities that Clinton was among the individuals present at the scene of a homicide. When deputies executed the warrant, they found a loaded Taurus 9mm handgun in Clinton’s bedroom. He subsequently admitted to possessing the gun on the night the homicide occurred.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Currituck County Sheriff’s Office investigated the case and Assistant U.S. Attorney Robert J. Dodson prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 2:19-CR-00007-FL.
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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.
Couple Pleads Guilty to Conspiracy and EmbezzlementRead the Press Release
WILMINGTON, N.C. – A Fayetteville couple pled guilty for their role in a conspiracy which embezzled money belonging to the United States.
According to court documents, Morris Cooper [63] was a purchasing agent assigned to the Operations and Maintenance Division, Directorate of Public Works (DPW), at Fort Bragg, NC and entrusted to purchase HVAC parts for DPW’s HVAC maintenance section. From 2011 into 2019, Cooper used his position as a purchasing agent at DPW, Ft. Bragg, North Carolina, to conspire with vendors to unlawfully enrich the participants of the conspiracy by steering contracts for supplies to specific vendors in return for cash payments and gifts, and by inflating prices on supplies, increasing both the profits to the vendor and the cash payment made to Cooper and/or his wife, Beverley Cooper [53].
Morris and Beverley Cooper pleaded guilty to conspiracy to embezzle government funds and to receive bribes, in violation of 18 U.S.C. § 371, and Morris Cooper additionally pleaded guilty to embezzlement of government funds, in violation of 18 U.S.C. § 641. Tentatively set for sentencing in January 2021, Morris Cooper faces a maximum penalty of 180 months in prison; Beverley Cooper faces a maximum penalty of 60 months in prison. Both agreed to pay $6,300,000 joint and severally in restitution.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after United States Magistrate Judge Robert B. Jones, Jr., accepted the plea. Defense Criminal Investigative Service and the U.S. Army Criminal Investigative Division, with assistance from the Federal Bureau of Investigation are investigating the case.
A copy of this press release is located on our website. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-CR-328-FL.
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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.
Convicted Money Launderer Pleads Guilty to Business Email Compromise SchemeRead the Press Release
BOSTON – A Hingham man who was previously convicted of money laundering pleaded guilty today in connection with a business email compromise (BEC) scheme.
Yannick A. Minang, 27, pleaded guilty five counts of wire fraud, one count of unlawful monetary transactions and one count of money laundering conspiracy. U.S. District Court Judge Patti B. Sarris scheduled sentencing for Dec. 16, 2020.
In September 2019, Minang was sentenced to 46 months in prison after pleading guilty to his role in a separate business email compromise (BEC) scheme.
Minang conspired with others to open numerous bank accounts in Massachusetts in the name of sham companies, as part of an apparent BEC scheme. A BEC scheme is a sophisticated scam often targeting businesses involved in wire transfer payments. The fraud is carried out by compromising and/or “spoofing” legitimate business email accounts through social engineering or computer intrusion techniques to cause employees of the victim company (or other individuals involved in legitimate business transactions) to transfer funds to accounts controlled by the scammers.
Through the use of fraudulent invoices and spoofed email accounts, Minang conspired to trick the victims of the scheme into wiring hundreds of thousands of dollars to bank accounts under his control. Minang and his co-conspirators then transferred funds from the accounts to others located overseas.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross grain or loss, whichever is greater. The charge of unlawful monetary transactions provides for a sentence up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross grain or loss, whichever is greater. The charge of money laundering conspiracy provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $500,000 or twice the amount involved in the transaction, whichever is greater. 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 and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney William B. Brady of Lelling’s Criminal Division and Jordi de Llano, Deputy Chief of Lelling’s Securities, Financial & Cyber Fraud Unit, are prosecuting the case.
Consulting/Staffing Company to Pay $345,000 to Resolve Allegations Concerning Violations of Immigration and Department of Labor RegulationsRead the Press Release
NEWARK, N.J. – A Middlesex County, New Jersey, corporation involved in consulting, technology and staffing and using primarily foreign nationals in the United States pursuant to H1-B visas has agreed to resolve allegations that it violated immigration and employment regulations concerning continuous employment and wage requirements, U.S. Attorney Craig Carpenito announced today.
The United States contended that from January 2014 through June 2018 many of Savantis Solutions LLC’s H-1B workers were not paid the required wage in regular intervals at the required wage rate throughout their period of employment. Savantis, based in Edison, New Jersey and formerly known as Vedicsoft Solutions LLC and Vedicsoft Holdings LLC, failed to properly pay many of its H-1B workers in conformance with their applications to the federal government and federal regulations. The United States also contended that Savantis improperly recruited H-1B workers by requesting that they provide security deposits to Savantis prior to Savantis submitting their H-1B Cap lottery applications.
The resolution requires the company to pay $345,365 in restitution, which will be used to pay back wages plus interest to employees and former employees of the company. Savantis cooperated in the investigation of the matter and undertook compliance efforts in response. Pursuant to the agreement, the company is also required to hire an outside law firm to serve as a monitor to ensure ongoing and continued compliance with the relevant rules and regulations for the next three years.
U.S. Attorney Carpenito credited special agents of the Department of Labor, Office of Inspector General, New York Region, under the direction of Special Agent in Charge Michael C. Mikulka; the U.S. Department of Homeland Security, Homeland Security Investigations, Newark Field Office, under the direction of Special Agent in Charge Jason Molina; the Department of Labor, Wage and Hour Division’s Southern New Jersey District Office under the direction of District Director, Charlene Rachor; and U.S. Citizenship and Immigration Services, Office of Fraud Detection and National Security, Vermont Service Center and Newark Field Office, leading to today’s resolution.
The government is represented by Assistant U.S. Attorney David E. Dauenheimer, Deputy Chief of the U.S. Attorney's Office’s Government Fraud Unit in Newark.
Colorado Springs Man Sentenced to Federal Prison for Illegally Possessing Improvised Destructive DevicesRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Michael Robert Stevens, age 49, of Colorado Springs, was sentenced yesterday to serve 56 months in federal prison, followed by 3 years on supervised release for possession of improvised destructive devices and ammunition. The Denver Field Division of the ATF joined in today’s announcement.
According to court documents, on October 27, 2018, the Colorado Springs Police Department (CSPD) responded to a report of a suspected DUI. The responding officer found Michael Robert Stevens passed out at the wheel of a truck. While Stevens was being detained for driving under the influence, officers determined that the truck was stolen. Inside, CSPD officers found a black bag that included two white PVC pipes capped on both ends that did not belong to the truck’s owner. The PVC pipes were about 8-inches long. The CSPD Regional Explosives Unit x-rayed the devices, finding suspected lead shot or fragmentation material. Officers also recovered a red plastic bottle of Sterno fire starter and a clear glass jar containing a dark substance similar in appearance to the substance inside of the capped PVC pipes, which were determined to be improvised destructive devices. Additionally, officers found 9 shotgun shells, which Stevens was also prohibited from possessing because he had previously been convicted of a felony.
“Homemade explosive devices simply have no place in our community and will not be tolerated,” said U.S. Attorney Jason Dunn. “Thanks to the great work of the CSPD, the ATF, and attorneys in my office, Mr. Stevens will now have more than four years in federal prison to think about the harm he could have caused.”
“ATF’s partnerships with local law enforcement, such as the Colorado Springs Police Department, are one of our greatest assets in the fight against violent crime,” said ATF Denver Field Division Special Agent in Charge David Booth. “We will continue to work with our partners to ensure the safety of our communities.”
Stevens was prosecuted by Assistant U.S. Attorney Sarah Weiss. U.S. District Court Judge R. Brooke Jackson pronounced Stevens’ sentence. The case was investigated by the Denver Field Division of the ATF and the Colorado Springs Police Department.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The defendant’s case number is 19-cr-508.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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.
Chicago Man Arrested on Federal Drug Charge for Allegedly Dealing Heroin and FentanylRead the Press Release
CHICAGO — A Chicago man has been arrested on a federal drug charge for allegedly selling wholesale quantities of heroin and fentanyl in the West Loop neighborhood of Chicago.
WILLIAM TOWNSEND, 40, of Chicago, is charged with distribution of a controlled substance. A criminal complaint filed in U.S. District Court in Chicago accuses Townsend of distributing the heroin and fentanyl to two suspected drug traffickers. The sales occurred in a residential building in the 700 block of West Couch Place in Chicago, the complaint states.
During the investigation, law enforcement seized approximately $469,000 in cash and approximately a kilogram of suspected heroin.
Townsend was arrested on Sept. 10, 2020. He appeared Monday before U.S. Magistrate Judge Jeffrey I. Cummings in Chicago and was ordered to remain detained in federal custody.
The complaint and arrest were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. Assistant U.S. Attorneys Kristen Totten, Matthew Kutcher, and Edward A. Liva, Jr., represent the government.
The public is reminded that a complaint contains only a charge and is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
California Man Sentenced to more than 24 Years for Nationwide Fentanyl Trafficking and Money Laundering SchemeRead the Press Release
United States Attorney Ron Parsons announced that a Huntington Beach, California, man convicted of Conspiracy to Distribute a Fentanyl Analogue and Conspiracy to Commit Money Laundering was sentenced on September 14, 2020, by U.S. District Judge Karen E. Schreier.
Damon Vincent Jobin, age 35, was sentenced to 292 months in federal prison, to be followed by 5 years of supervised release, for Conspiracy to Distribute a Fentanyl Analogue, and 240 months in prison, to be followed by 3 years of supervised release, for Conspiracy to Commit Money Laundering, all to run concurrently. Jobin was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $200.
Jobin was indicted by a federal grand jury on October 28, 2018. He was arrested in Los Angeles on November 29, 2018. Jobin was ordered to appear before the magistrate court in the District of South Dakota on February 11, 2019, but in an apparent attempt to evade prosecution, fled to Thailand. A federal warrant was issued for his arrest. He eventually was apprehended in Thailand, taken into the custody of the Royal Thai Police on June 7, 2019, and transported back to the United States from Thailand by U.S. Marshals from the District of South Dakota.
Jobin pled guilty to the charges in the Indictment on June 24, 2020.
Jobin, along with other co-conspirators, utilized the Dark Web to distribute approximately 100,000 pills that they had manufactured containing fentanyl or a fentanyl analogue in 2017 to South Dakota drug dealers either suspected or convicted of distributing the pills in Chamberlain, Mitchell, and Sioux Falls. Twenty thousand of these pills were seized from the U.S. Mail by law enforcement in South Dakota. The pills tested positive for cyclopropyl fentanyl, a fentanyl analogue or derivative.
The investigation revealed that, in all, Jobin manufactured and mailed approximately 200 packages containing over 2.6 million fentanyl or fentanyl analogue pills to addresses in 32 different states. Jobin himself would press over 16,000 pills per hour at the height of the organization’s manufacturing. Based on records kept by Jobin, the total weight of the pills he and other co-conspirators made and distributed exceeded 259 kilograms. Experts estimate that one kilogram of fentanyl has the potential to produce approximately one million fatal doses. Fentanyl is up to 50 times stronger than heroin and 100 times more potent than morphine.
“This defendant was selling millions of poisonous, home-pressed fentanyl pills to people all over the country,” said U.S. Attorney Parsons. “He was caught because of some great police work done right here in South Dakota. This case demonstrates the dramatic, national impact that federal, state, and local law enforcement, working together, can have in getting these poisons off the streets. The detective work done by these law enforcement officers saved a lot of lives.”
Jobin and his coconspirators also used online cryptocurrency exchanges to launder the funds derived from the sale of the cyclopropyl fentanyl on the Dark Web. Jobin was estimated to be making between $25,000 and $35,000 per week for his involvement in the conspiracy. Judge Schreier noted that this was the largest fentanyl conspiracy case she has seen in her courtroom to date.
“Today’s sentencing is another step towards combating the opioid epidemic fueled by the distribution of illicitly manufactured fentanyl,” said Ryan L. Korner, Special Agent in Charge of IRS Criminal Investigation. “The financial expertise of IRS-CI plays a vital role in capturing offenders by following the money that facilitates the drug trade. We are proud to work alongside our law enforcement partners to protect America’s taxpayers by taking traffickers of dangerous drugs off the streets.”
“This investigation reflects the successful teamwork between the United States Postal Inspection Service and our law enforcement partners with bringing to justice those who use the dark net and the U.S. mail to distribute illegal narcotics. Postal Inspectors have been at the forefront of dark net investigations for years, bringing to justice those who use the U.S. mail to distribute illegal narcotics behind the dark net’s false veil of anonymity. We continue to challenge the anonymous nature of the dark net, proving you are never truly anonymous,” stated Ruth Mendonça, Inspector in Charge of the Denver Division, of the United States Postal Inspection Service, covering the State of South Dakota.
This case was investigated by the U.S. Postal Inspection Service, Internal Revenue Service Criminal Investigations Western Cyber Crimes Unit, U.S. Marshals Service, Drug Enforcement Administration, U.S. Department of State, South Dakota Division of Criminal Investigation, Costa Mesa Police Department, and the Chamberlain Police Department. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Jobin was immediately turned over to the custody of the U.S. Marshals Service.
Bristol, Virginia Man Sentenced on Child Pornography ChargesRead the Press Release
ABINGDON, VIRGINIA – Jonathan Neal Sexton, a Bristol, Virginia man, who corresponded with and sent lewd pictures to an FBI employee he believed to be a 14-year-old girl, was sentenced yesterday in federal court to 144 months in federal prison after previously pleading guilty to a series of charges related to the distribution and possession of child pornography. United States Attorney Thomas T. Cullen and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division made the announcement.
Sexton, 33, pleaded guilty in June 2020 to two counts of distributing child pornography and one count of possessing child pornography.
According to court documents, between February 2020 and May 2020, Sexton used the chat application KIK to correspond with who he believed to be a 14-year-old female. The 14-year-old was actually an undercover employee of an FBI Human Trafficking & Child Exploitation Task Force. During these chats, despite the “teen” being in the “clean area” of the KIK app, Sexton engaged the “teen” in conversations about masturbation, sex toys, sexual intercourse, and other topics. He also sent pictures of sex toys and videos of himself masturbating. He routinely asked the “teen” to send him nude pictures and referenced the time when they could see each other and engage in sexual conduct. On multiple occasions, Sexton sent the “teen” pictures of prepubescent females nude and engaging with prepubescent males in sexual conduct.
The investigation of this case was conducted by the Federal Bureau of Investigation, Virginia State Police, United States Marshal’s Service, and the Bristol, Virginia Police Department. Assistant United States Attorneys Zachary T. Lee and Lena Busscher prosecuted the case for the United States.
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 exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Boston Man Sentenced for Illegally Possessing Loaded HandgunRead the Press Release
BOSTON – A Boston man was sentenced today for being a felon in possession of a firearm and ammunition.
Kerry Charlotin, 30, was sentenced by U.S. District Court Judge William G. Young to five years in prison and three years of supervised release. In January 2020, Charlotin pleaded guilty to being a felon in possession of a firearm and ammunition.
On May 1, 2019, officers were in the area of Blue Hill Avenue in Mattapan due to resident complaints of drug dealing and public drinking. When Charlotin, who was seen by the officers wearing a black backpack, observed the police presence, he ran. As the officers pursued him the black backpack was thrown into the air and landed on the roof of a building. Charlotin, no longer wearing the backpack, continued running from the officers; he was eventually found hiding in a fenced in area in a backyard. When officers recovered the black backpack, they found, among other things, a loaded Glock 26, 9mm caliber Lugar semi-automatic pistol containing nine rounds of ammunition, one of those rounds was in the chamber.
Based on prior felony convictions, Charlotin is prohibited from possessing a firearm and ammunition under federal law.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commissioner William G. Gross made the announcement. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Criminal Division prosecuted 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.
Attorney General Announces Results of Paycheck Protection Plan Criminal Fraud Enforcement Action - A Nationwide Strategic Plan to Combat PPP Program FraudRead the Press Release
Recently, Attorney General William P. Barr announced the results of the Paycheck Protection Plan (“PPP”) Criminal Fraud Enforcement Action, a new relief measure in the CARES Act designed to reduce pandemic-related fraud. As part of the CARES Act, the federal government made hundreds of billions of dollars in forgivable loans available to American businesses through the PPP. Specifically, PPP loans were made available to businesses so they would have funds to keep paying their employees, in order to avoid catastrophic job losses during a time of national emergency.
As of August 8, 2020, over 5.2 million loans had been approved, for a total federal business support expenditure in excess of $525 billion. At Attorney General Barr’s direction, the Criminal Division’s Fraud Section began to monitor the use of these public funds and, where appropriate, combat fraud in connection with the PPP program. In less than six months, more than 50 defendants have been charged with allegedly committing fraud to obtain money from the PPP. These charged cases involve attempts to steal over $175 million from the PPP, with the actual losses to the federal government of over $70 million.
These cases span the country and are diverse in size and scope, involving fraud ranging from loan requests for $30,000 to approximately $24 million. Investigations revealed false statements regarding number of employees, average monthly revenue and payroll figures, and applicants’ criminal histories. False documents were also submitted in support of applications to include falsified tax records, false payroll and revenue records, and in some cases, stolen personal information from unsuspecting third parties. Fraudulently-obtained federal funds were sometimes used to purchase luxury items such as homes, cars, vacations, and jewelry.
Federal agencies involved in this nationwide effort include the FBI, Internal Revenue Service–Office of Criminal Investigations, Small Business Administration’s Office of the Inspector General, and FDIC–Office of the Inspector General, as well as U.S. Attorney’s Offices. Financial institutions are critical partners to federal authorities by detecting and investigating potentially fraudulent activity and freezing funds and accounts. Investigations into PPP fraud continue to be ongoing around the country.
“The PPP was developed to ease the pain of COVID-19 economic restraints on working Americans. The Department of Justice, and in particular my office here in the Middle District of Louisiana, is committed to investigating and prosecuting those who abuse the system for personal gain and will use every resource at our disposal to protect those federal dollars and the businesses they are intended to help. I urge anyone who believes he or she is a victim of this type of fraud to report it to the National Center for Disaster Fraud.”
The National Center for Disaster Fraud (NCDF), a national coordinating agency within the Criminal Division of the U.S. Department of Justice, operates a call center at Louisiana State University in Baton Rouge, Louisiana, and serves as a centralized clearinghouse for disaster fraud complaints and information relating to both natural and man-made disasters, and other emergencies such as COVID-19. Members of the public who suspect fraud, involving the Payroll Protection Program, or believe they have been the victim of fraud from a person or organization soliciting funds on behalf of disaster victims, should contact the NCDF Hotline toll free at (866) 720-5721. The telephone line is staffed by a live operator 24 hours a day, seven days a week. You can also file a complaint via our online complaint portal at www.justice.gov/disastercomplaintform.
Armed Drug Trafficker Receives More Than 13 Years in Federal PrisonRead the Press Release
WILMINGTON, N.C. – A Wilmington man was sentenced on September 9, 2020, to 165 months in prison for conspiracy to distribute and possess with the intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, possession with intent to distribute 50 grams or more of a mixture of substance containing a detectable amount of methamphetamine and a quantity of crack cocaine and cocaine, and possession of a firearm in furtherance of a drug trafficking crime.
According to court documents and evidence presented in court, Christopher Minto, 37, was involved in the importation and distribution of methamphetamine, cocaine and heroin into Wilmington between July and August 2019. On August 5, 2019, New Hanover County Narcotics Detectives observed a car in which Minto was a passenger leave Minto’s residence and drive to the McDonald’s parking lot on Gordon Road. Following a traffic stop, detectives searched the car and found quantities of crack and cocaine in the car and another passenger had 86 grams of pure crystal methamphetamine on his person. The source of all these drugs was Minto. Detectives then conducted a search of Minto’s residence on Ovalberry Court in New Hanover County. Law enforcement found another 114 grams of methamphetamine, 10 ounces of cocaine and a loaded .25 caliber handgun. The investigation revealed that Minto was responsible for distributing more than a ¼-kilogram of methamphetamine, almost ½ a kilogram of cocaine and ½ an ounce of heroin from July until his arrest on August 5, 2019.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Richard E. Myers II. The Drug Enforcement Administration and the New Hanover County Sherriff Office investigated the case and Assistant U.S. Attorney Timothy Severo prosecuted the case. This case was part of the Organized Crime Drug Enforcement Task Force (OCDETF) investigation “White Rabbit” focusing on a drug trafficking organization involved in the importation of heroin and methamphetamine into Eastern North Carolina.
A copy of this press release is located on our website. Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:20-cr-00059-M.
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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.
15 Charged on Drugs and Guns Charges as Part of Anti-Gang Sweep in Concord and Surrounding AreasRead the Press Release
SAN FRANCISCO – Complaints were unsealed in federal court today charging 15 individuals with trafficking drugs and firearms in connection with the Sureños street gang, announced United States Attorney David L. Anderson, ATF Special Agent in Charge Patrick Gorman, FBI Deputy Special Agent in Charge Craig D. Fair, DEA Special Agent in Charge Danny Comeaux, and Concord Police Chief Mark Bustillos.
According to affidavits filed in connection with the complaints, multiple individuals affiliated with the Sureños street gang are alleged to have conspired to sell methamphetamine, cocaine, heroin, and firearms. According to the complaint, the alleged sales occurred across Contra Costa County, but primarily in Concord, with numerous transactions occurring in a shopping center parking lot at 1500 Monument Boulevard. According to the complaint, Sureño gang members claimed control over this shopping center, referring to it as “The Block” or “The Box,” and described it to undercover officers as a kind of “one-stop shop” for guns and drugs.
“Today’s charges explode the myth of the non-violent drug dealer,” said U.S. Attorney David L. Anderson. “Drugs are expensive. Drugs are dangerous. Where we find drugs, we almost always find guns. What is particularly appalling about today’s charges is that the defendants did not even bother to hide the guns or drugs. Rather, the defendants allegedly peddled their products in broad daylight in public spaces.”
“Throughout this investigation, ATF has worked side by side with our partners to fulfill ATF’s mission of protecting the public by investigating the criminal misuse and trafficking of firearms in the Contra Costa county area,” said Special Agent in Charge Patrick Gorman, San Francisco Field Division, ATF. “In April 2019, ATF began working with the Concord Police Department and then with other agencies to address problematic gang activity that was occurring within Contra Costa county. Law enforcement partnerships create an unwavering unified front against violent crime and this collaborative effort between local and federal agencies is evidence of our shared focus. ATF remains committed to working hard and doing our part to make this region a safer place as our pledge to protect the public is one ATF takes very seriously.”
“This operation exemplifies the dedication of the FBI and our task force partners to disrupt dangerous gang activity and remove the threat of criminals who endanger our neighborhoods,” said FBI Deputy Special Agent in Charge Craig Fair. “We are committed to improving the quality of life in our Bay Area communities and ensuring the safety of our citizens.”
“Nobody wins in a community where street gang activity exists. It threatens public safety and the security of our neighborhoods,” stated DEA Special Agent in Charge Daniel C. Comeaux. “These indictments send the message that law enforcement at all levels will work as one to pursue and prosecute criminal gangs and their associates.”
“We are thankful for our close working relationship with our federal partners,” said Concord Police Chief Mark Bustillos. “Violent crime does not stop at a city’s border, and our relationship with our federal partners allows us to bring those who use violence and intimidation in Concord to justice.”
Of the fifteen defendants charged federally, eight were taken into custody on September 10, 2020. Three additional defendants are due to be transferred from state to federal custody, while two more will stay in state custody as of today. The whereabouts of the remaining two federal defendants are unknown. The following chart summarizes the charges, custodial status, and next court dates for of each of the 15 federal defendants:
Name
Age
Custodial status
Case number
Charges
Next court date
Luis CRUZ
24
State custody
20-71278
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy)
TBD
Luis RAMIREZ-CARRANZA
31
Federal custody
20-71278
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy)
9/15/20
Phabel GUTIERREZ
38
State custody
20-71278
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy)
TBD
Angel MAGAÑA
26
State custody
20-71278
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy)
TBD
Ernesto MISSIEGO
18
State custody
20-71278
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy)
TBD
Christian CERVANTES
23
State custody
20-71278
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy)
TBD
Francisco CANO
34
Federal custody
20-71278
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy)
9/17/20
Armando NAVARRO
42
Federal custody
20-71278
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy)
9/29/20
Sheena MIDDLETON
35
Federal custody
20-71278
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy)
9/16/20
Luis CABRERA
28
Wanted
20-71278
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy)
TBD
Alexis PEREZ
23
Federal custody
20-71278
21 U.S.C. §§ 841(a)(1) and (b)(1)(C) (drug distribution)
9/18/20
Brian ALVARENGA
30
Wanted
20-71278
21 U.S.C. §§ 841(a)(1) and (b)(1)(C) (drug distribution)
TBD
Eric CARRILLO
23
Federal custody
20-71283
18 U.S.C. 371 (firearms trafficking conspiracy)
9/15/20
Juan CONCHAS-CARRILLO
25
Federal custody
20-71283
18 U.S.C. 371 (firearms trafficking conspiracy)
9/16/20
Kevin VIDAL
23
Federal custody
20-71284
26 U.S.C. § 5861 (unlawful possession of unregistered firearm)
9/21/20
A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted of a drug conspiracy in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(viii) and 846, the defendants face a sentence of at least 5 and up to 40 years in prison, along with at least 4 years and up to life on supervised release, up to a $5 million fine, forfeiture, and denial of federal benefits. If convicted of a drug conspiracy in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C) and 846, the defendants face a maximum penalty of up to 20 years in prison, along with at least 4 years and up to life on supervised release, up to a $5 million fine, forfeiture, and denial of federal benefits. If convicted of possession of an unregistered firearm, the defendants face a maximum penalty of up to 10 years in prison, along with up to 3 years of supervised release, a $10,000 fine, and forfeiture. If convicted of conspiring to deal firearms without a license, the defendants fae up to 5 years in prison, along with up to 3 years of supervised release, a $250,000 fine, and forfeiture. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The case is being prosecuted by the Oakland branch of the U.S. Attorney’s Office. The prosecution is the result of a 2-year investigation led by the ATF and the Concord Police Department, along with the DEA and the FBI, as part of the FBI’s Safe Streets Task Force.
Monday 14 September 2020
Wheeling woman admits to embezzling nearly $350,000Read the Press Release
WHEELING, WEST VIRGINIA – Cindy Shearer, of Wheeling, West Virginia, has admitted to embezzling nearly $350,000 from her previous employers, U.S. Attorney Bill Powell announced.
Shearer, 58, pled guilty to one count of “Wire Fraud” and one count of “Filing False Income Tax Return.” From April 2013 until the end of 2019, Shearer was employed as the office manager by Cane Business Forms & Systems and later reorganized as Precision Printed Products, a printing company in Triadelphia, West Virginia.
Shearer admitted to writing checks totaling $276,892.88 from Cane Business Forms & Systems and a total of $67,672.41 from Precision Printed Products to herself, but listing the check as paid to a legitimate vendor. She would then cash or deposit the checks into her own bank account. Shearer also admitted to not claiming the embezzled money on her personal taxes, defrauding the IRS of approximately $54,509.
As a part of the plea agreement, Shearer has agreed to pay restitution to both business owners and restitution to the IRS for the amounts above.
Shearer faces up to 20 years of incarceration and a fine of up to $250,000 for the wire fraud charge and faces up to three years and a fine of up to $250,000 for the tax charge. 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 defendants.Assistant U.S. Attorney Jarod J. Douglas prosecuted the case on behalf of the government. The Federal Bureau of Investigation and the Internal Revenue Service investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Wheeling man sentenced for his role in a drug distribution operationRead the Press Release
WHEELING, WEST VIRGINIA – Damend Lavel Pollard, of Wheeling, West Virginia was sentenced today to 15 months of incarceration for drug distribution in the Wheeling area, U.S. Attorney Bill Powell announced.
Pollard, also known as “Skills,” pled guilty to one count of “Distribution of Methamphetamine within 1000 feet of a Protected Location” in May 2020. Pollard, age 49, admitted to selling methamphetamine near Luau Manor in Ohio County in March 2019.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the case on behalf of the government. The Ohio Valley Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.
United States Attorney McSwain Delivers Remarks on the Ongoing Public Safety Crisis in PhiladelphiaRead the Press Release
PHILADELPHIA, PA – On September 14, 2020, United States Attorney William M. McSwain convened a press conference to announce charges against Khalif Tuggle and John Allen Kane, both of Philadelphia. The United States Attorney’s Office stepped in to bring federal charges in both cases after the Philadelphia District Attorney’s Office failed to handle the local criminal cases appropriately. U.S. Attorney McSwain also spoke about the ongoing escalation of violent crime in Philadelphia and its causes. He highlighted several local cases in which the defendants received shockingly lenient plea deals from the Philadelphia District Attorney’s Office, returned to the streets and then allegedly committed murder. These cases highlight an undeniable pattern of cause and effect in which the application of the District Attorney’s Office’s misguided policies produce violence and tragedy.
Remarks as Prepared for Delivery
Good morning. I am here today to announce that my Office has unsealed two criminal indictments charging two individuals, Khalif Tuggle and John Allen Kane, with committing serious federal crimes on the streets of Philadelphia. Both cases are part of my Office’s continuing efforts to fight the tidal wave of violent crime in the City that is the unfortunate result of local criminal justice policies that coddle violent criminals. These policies create a culture of lawlessness; they leave criminals emboldened; and they have inevitable consequences – one of which is a murder rate in Philadelphia that is the highest it has been in nearly 15 years.
The two indictments announced today are the latest efforts by my Office to serve as a counterweight to this chaos. First, Khalif Tuggle, age 28, has been charged in a three-count indictment with carjacking, use of a firearm in furtherance of a crime of violence, and murder in the course of using a firearm, all stemming from his alleged robbery, carjacking, and brutal murder of Thomas Petersen on January 24, 2017. Tuggle allegedly fired a shot into Mr. Petersen’s chest, dragged him out of the car, threw him on the road, robbed him, and left him for dead while Mr. Petersen was screaming in pain. Tuggle fled the scene in Mr. Petersen’s car, and Mr. Petersen died at Temple University Hospital after two Philadelphia Police Officers rushed him there from the crime scene. If convicted on each count, Tuggle faces a statutory maximum sentence of life imprisonment.
Second, John Allen Kane, age 53, has been charged in a one-count Indictment with possession of a firearm by a convicted felon on January 17, 2018. Kane allegedly possessed this firearm while on probation for committing his second homicide in Philadelphia. If convicted, Kane faces a statutory maximum term of imprisonment of 10 years.
I would like to thank our law enforcement partners whose investigative work made these indictments possible. From the Bureau of Alcohol, Tobacco, Firearms and Explosives, which investigated both cases, I want to thank John Schmidt, Special Agent in Charge of ATF’s Philadelphia Field Division, and the law enforcement agents who investigated the cases. I also want to thank the Philadelphia Police Department for its assistance in both cases. And thank you to Sal Astolfi, the Chief of the Violent Crime unit in my Office, and Assistant United States Attorneys Joseph Labar, Michael Miller, and Tom Zaleski, who are prosecuting these important cases.
Both the Tuggle and the Kane cases are prime examples of how local criminal justice policies benefit violent criminals and harm crime victims. After Mr. Petersen was murdered in cold blood on January 24, 2017, the Philadelphia Police charged Tuggle with first degree murder, firearms offenses, theft, and receipt of stolen property, and he was held without bail until trial. As Tuggle sat in jail awaiting trial for first degree murder, he caught a big break – in January 2018, there was a change in leadership in the District Attorney’s Office in Philadelphia: the Krasner administration took over. This new administration subsequently agreed not to prosecute Tuggle for either first or second degree murder, thus eliminating the possibility that he would serve a life sentence for killing Mr. Petersen. Instead, the District Attorney’s Office permitted Tuggle to plead guilty to third degree murder, ostensibly because he agreed to cooperate with investigators to identify and prosecute his accomplice.
But the plea negotiations were a farce. For one thing, the District Attorney’s Office agreed to drop the most serious charges without bothering to negotiate a “floor” for the sentence -- a minimum term of years that Tuggle would be required to serve for murdering Mr. Petersen. And incredibly, the District Attorney’s Office agreed to the deal without knowing whether the information Tuggle supposedly would provide would prove helpful, and without ensuring that Tuggle would actually identify his accomplice as promised.
In the end, he didn’t – and his accomplice remains on the loose. In other words, Tuggle got a huge break for nothing. The judge sentenced Tuggle to 13.5-27 years for third degree murder, and he will be eligible for parole in the state system in approximately ten years. That sentence is a miscarriage of justice. It is a cruel slap in the face to Mr. Petersen’s family – including his mother, Linda, and his sister, Heather, who are with us today for this announcement. It is something that I am determined to fix.
If convicted on the federal charges, Tuggle faces the very real possibility of life in prison with no possibility of parole.
As for John Kane, as noted in publicly filed documents, the Philadelphia Police recovered a firearm in his possession after a traffic stop and placed him under arrest. As a convicted felon, Kane was prohibited from possessing any firearms. But he was not just any convicted felon – at the time of the traffic stop, he was on probation for committing his second homicide in Philadelphia. But the District Attorney’s Office saw fit to voluntarily dismiss the charges against Kane on a technicality, and he walked free. That is, until now: Kane has been arrested on the federal charge and is in federal custody.
Armed murderers cannot be permitted to walk the streets of Philadelphia in the name of criminal justice reform. The staggering homicide and shooting rates in Philadelphia are proof that the District Attorney’s radical experiment has failed. Homicides, shootings, and serious violent crime have all skyrocketed in 2020 – from already intolerable levels that existed in 2019 and 2018. There have been 316 homicides since the beginning of the year – a 32% increase as compared to this time last year. The violence has been pervasive and it is destroying the soul of the City. In the last month alone, 48 people have been killed and hundreds have been shot. And the average age of the shooting victims is getting younger. Tragically, the vast majority of the victims are racial minorities. I can’t say it any clearer: the District Attorney’s policies come at the expense of minority communities.
We can draw a straight line from these policies to the carnage on the streets. My Office has examined the circumstances underlying many of the recent murder cases in the City and the inescapable conclusion is that a great number of these murders were made possible by the District Attorney’s Office’s willingness – indeed, its eagerness – to offer sweetheart plea deals to violent defendants. Deals that allowed those defendants to quickly get back out on the street and kill.
On this adjacent chart are 10 examples of this sad state of affairs:
- In October 2018, Michael Banks was arrested and charged with multiple counts, including a felony gun charge for possessing an unlicensed firearm. Banks also had prior convictions, and yet in February 2019, the Philadelphia District Attorney’s Office gave him a plea deal in which the felony gun charge was dismissed, and he received only 3-9 months of incarceration for a misdemeanor gun charge and immediately went back out on the street. Banks now stands accused of murdering a seven year-old boy in West Philadelphia last month, who was playing with a toy on his family’s porch when two groups of men began firing upon one another and shot the boy in the head.
- In November 2017, Francisco Reyes was arrested and charged with multiple drug offenses. Despite his prior convictions – which include aggravated assault, robbery, and multiple other prior drug offenses – Reyes was given a plea deal in July 2018 in which the felony drug charge was dismissed and he received probation. Only two days after he pleaded guilty and received probation, on July 5, 2018, Reyes allegedly murdered a 25 year-old man in Kensington.
- In September 2018, Jerome Martin was arrested and charged with possession of a firearm by a felon, which is a felony. He had previously been convicted of felony drug dealing and possessing drug paraphernalia. Somehow, Martin was given a plea deal in June 2019 in which he was sentenced to house arrest. While on house arrest, in August 2019, he allegedly broke into a house and murdered a 23 year-old man, who is survived by many, including his newborn baby.
- In February 2018, Keith Garner was arrested and charged with simple assault. Despite having multiple prior felony convictions, Garner was given a plea deal in March 2018 to probation. In November 2018, Garner executed four people in a West Philadelphia basement, and has been convicted of all four murders.
- In March 2017, Timothy Sherfield was arrested and charged with numerous violent crimes, including two counts of aggravated assault, two counts of robbery, burglary, possession of an unlicensed firearm, and many additional misdemeanors. In February 2018, he was given a plea deal in which the vast majority of these charges were dropped. Sherfield received a minimum sentence of less than one year. This enabled him to be out on the streets and murder a 23 year-old man in April 2019. The victim was inside a mini market at the time that he was gunned down in cold blood.
- In May 2017, Tariq Gant was arrested and charged with a variety of violent crimes, including aggravated assault and firearm offenses. But in February 2018, he was given a plea deal in which the vast majority of the charges were dropped. Gant pleaded guilty to simple assault and resisting arrest, and received probation. In September 2018, he allegedly murdered a 19 year-old young man in Germantown. The victim is survived by his mother, who in addition to losing this son, also tragically lost another son who was gunned down earlier this year.
- In October 2017, Jose Lugo was arrested and charged with felony drug offenses. Despite having previously been convicted of numerous felony drug crimes and carrying a firearm without a license, he was given a plea deal in September 2018 in which he was immediately released. Just months later, in February 2019, Lugo allegedly murdered a 24 year-old man.
- In March 2018, Byron Taylor was arrested and charged with multiple offenses, including felony possession of an unlicensed firearm. Despite his prior convictions, he was given a plea deal in May 2019 in which the felony gun charge was dismissed and he received probation. Almost immediately, in July 2019, Taylor allegedly shot and killed a 35 year-old man in Germantown.
- In January 2018, Rasheed Malcolm was arrested and charged with multiple offenses, including aggravated assault, simple assault, and recklessly endangering another person. Despite his prior felony drug distribution convictions, he was given a plea deal in which all of these charges were dropped, and he was permitted to plead guilty to the summary offense of disorderly conduct. By the end of the year, in December 2018, Malcolm allegedly murdered a 27 year-old man in the 6200 block of Market Street.
- In June 2018, Maalik Jackson-Wallace was arrested and charged with multiple offenses, including felony possession of a firearm without a license. The District Attorney’s Office then selected him to participate in its Accelerated Rehabilitative Disposition program (ARD) – a diversion program in which defendants can avoid a conviction if they comply with certain conditions. This diversion allowed Jackson-Wallace to walk away free. He was then arrested with a second illegal firearm while in the program, but the District Attorney’s Office did not move for him to be taken out of ARD at that time. In June 2019, Jackson-Wallace allegedly murdered a 26 year-old man in the Frankford section of Philadelphia.
Each of these cases is its own separate tragedy, with terrible ramifications that extend in many directions. And these ten cases only scratch the surface of the devastation that is being wrought by the District Attorney’s policies. The cases are merely examples – there are many others like these, in which violent defendants who should not be on the street are committing murder or other violent crimes. Furthermore, these are cases that have led to murder arrests. Most homicides in the City do not even result in an arrest, so it is chilling to think of the number of unsolved murders that have likely been committed by violent criminals who do not belong on the street – and are only there because the District Attorney put them there.
As I have said before, everybody in Philadelphia deserves to live in a safe neighborhood – regardless of race or income level. We won’t get there by treating violent criminals like they are victims, or by undermining law enforcement. We must have the courage and the will to enforce the law – and to hold criminals accountable. The future of our City depends upon it. We must put the law-abiding residents of this City first. Thank you.