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20 October 2020
U.S. Attorney Brian T. Moran appoints Election Officer for the Western District of WashingtonRead the Press Release
Seattle – United States Attorney Brian T. Moran announced today that once again Assistant United States Attorney (AUSA) Arlen Storm will lead the efforts of our Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. AUSA Storm is a veteran prosecutor who has served as the District Election Officer (DEO) for the Western District of Washington for more than 10 years. In that capacity he is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington, D.C.
“It is a cornerstone of our democracy that citizens be able to vote without interference or discrimination,” said United States Attorney Moran. “It is equally important that our results not be tainted by fraud. The Department of Justice remains vigilant and will act appropriately to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
In order to respond to complaints of election fraud or voting rights concerns during the voting period and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Arlen Storm can be reached by the public at 253-428-3807.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses during the election period. The local FBI field office can be reached by the public at 206-622-0460.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, D.C., by phone at 800‑253‑3931 or by complaint form at https://civilrights.justice.gov/ .
U.S. Attorney Appoints Elections Officer for UtahRead the Press Release
SALT LAKE CITY – United States Attorney John W. Huber announced today that Assistant United States Attorney Aaron Clark will lead the efforts of his office in connection with the Justice Department’s nationwide Election Day program for the upcoming November 3, 2020, general election. Clark will coordinate with election officials in Utah and at the Department of Justice to ensure that all qualified voters in Utah have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation, or fraud in the election process.
“Although Utah has a history of conducting problem-free elections, we want to make sure residents of Utah know that reports of fraud or abuse will be taken seriously,” Huber said today. “Election fraud and voting rights abuses dilute the worth of votes honestly cast. They also corrupt the essence of our representative form of government. Whether a Utah voter is mailing in a ballot or voting in person, anyone who has specific information about election fraud or discrimination should pass that information on to my office or to the FBI,” Huber said.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations during the election process.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The administration of the election process is primarily a state rather than a federal function. States have the power to establish the place, time, and manner for holding elections.
Concerns about election fraud or voting rights abuses in Utah should be referred to Clark. He can be reached at 801-325-1405. In addition, the FBI will have special agents available throughout the country to receive allegations of election fraud and other election abuses on Election Day. The Utah FBI office can be reached at 801-579-1400.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
In the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
“Voting rights are core to who we are as Americans, and we expect free and fair elections. It is imperative that those who have specific information about discrimination or election fraud make that information available to my office, the FBI, or the Civil Rights Division,” Huber said
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney Announces $14M in DOJ Grants to Combat Addiction CrisisRead the Press Release
ALEXANDRIA, Va. – United States Attorney G. Zachary Terwilliger today announced awards of $14,330,170 in Department of Justice grants to fight drug abuse and addiction in the Eastern District of Virginia.
“The addiction crisis has taken an enormous toll on America’s families and communities, eroding public health, threatening public safety and claiming tens of thousands of lives year after year,” said Attorney General William P. Barr. “Through comprehensive measures taken by this administration, we have been able to curtail the opioid epidemic, but new and powerful drugs are presenting exceptional challenges that we must be prepared to meet. The Justice Department’s substantial investments in enforcement, response, and treatment will help us overcome these challenges and work towards freeing Americans from abuse and addiction.”
The grants were awarded by the Department’s Office of Justice Programs (OJP) and are part of more than $341 million going to communities nationwide.
“During my time as U.S. Attorney, we have been laser-focused on the goal of reducing deaths involving opioids and the addiction crisis through coordinated, community-wide solutions targeting both the supply of and demand for opioids,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “We have enacted a robust enforcement policy, investigating and prosecuting drug traffickers whose poison causes death and other non-fatal overdoses. We have also developed key community partnerships for an all-hands-on-deck approach. And we have invested valuable resources in prevention efforts through community outreach, increasing education and raising awareness of the dangers of addiction through our Silent No More program. While I am proud of this work and our accomplishments, I recognize that we must remain vigilant in our efforts to combat this crisis. With this commitment, I am confident that the work we do will account for the number of lives saved in the coming months and years.”
Awardee
Program
Amount
Virginia Arlington County Government
Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program
$899,887
Virginia County of Augusta
Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program
$600,000
Virginia Chesterfield County
Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program
$1,192,430
Virginia Isle of Wight County
Adult Drug Court and Veterans Treatment Court Discretionary Grant Program
$330,500
Virginia Alexandria Commonwealth’s Attorney
Adult Drug Court and Veterans Treatment Court Discretionary Grant Program
$499,112
Virginia National Association of Drug Court Professionals
Adult Drug Court and Veterans Treatment Court Planning, Training and Technical Assistance, and Resource Center Initiative
$1,450,000
Virginia National Association of Drug Court Professionals
Adult Drug Court and Veterans Treatment Court Planning, Training and Technical Assistance, and Resource Center Initiative
$2,700,000
Virginia National Association of Drug Court Professionals
Adult Drug Court and Veterans Treatment Court Planning, Training and Technical Assistance, and Resource Center Initiative
$1,500,000
Virginia National Association of Drug Court Professionals
Adult Drug Court and Veterans Treatment Court Planning, Training and Technical Assistance, and Resource Center Initiative
$2,200,000
Virginia Department of Criminal Justice Services
Residential Substance Abuse Treatment for State Prisoners Program
$727,336
National Recreation and Park Association
Mentoring Opportunities For Youth Initiative
$1,249,999
Child Family Services of Eastern Virginia, Inc., dba ‘The Up Center’
Opioid Affected Youth Initiative
$690,553
Virginia Department of Forensic Science
Research and Evaluation for the Testing and Interpretation of Physical Evidence in
Publically Funded Forensics Laboratory
$290,353
Illegal drugs and illicit drug use have claimed the lives of nearly 400,000 Americans since the turn of the century. Powerful synthetic opioids like fentanyl are exacting an enormous toll on families and communities, and an emergence in the use of methamphetamines and other psychostimulants is drawing drug traffickers and driving up overdose rates. Three years ago, President Trump declared a Public Health Emergency and initiated a whole-of-government approach dedicated to ending this national tragedy. The Department of Justice has invested unprecedented levels of funding in combating the addiction crisis. The awards announced today build on those earlier investments.
“If we hope to defeat an enemy as powerful, persistent and adaptable as illicit drugs, we must be at least as determined and versatile, focusing our ingenuity and resources on curbing abuse and fighting addiction,” said OJP’s Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These grants will enable criminal justice officials and substance abuse, mental health and other medical professionals to pool their assets and bring the full weight of our public safety and treatment systems down on this epidemic that has already caused so much harm.”
Funding is made available through OJP’s Bureau of Justice Assistance, National Institute of Justice, Office for Victims of Crime and Office of Juvenile Justice and Delinquency Prevention.
For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
U.S. Attorney Andrew Birge Appoints Donald Daniels as Election Officer for the Western District of MichiganRead the Press Release
GRAND RAPIDS, MICHIGAN – United States Attorney Andrew Birge announced today that First Assistant United States Attorney (FAUSA) Donald Daniels will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. FAUSA Daniels has been appointed to serve as the District Election Officer (DEO) for the Western District of Michigan, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
United States Attorney Birge said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will always act appropriately to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Birge stated that FAUSA/DEO Daniels will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: (616) 808-2014.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (313) 965-2323.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at (800) 253-3931 or by complaint form at https://civilrights.justice.gov/.
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
United States Attorney Birge said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
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Two indicted for multiple counts of child exploitationRead the Press Release
McALLEN, Texas — A federal grand jury has returned an indictment against a South Texas man and woman for production, receipt and distribution of child pornography as well as coercion and enticement of a minor, announced U.S. Attorney Ryan K. Patrick.
Initially charged by criminal complaint, Reid Etheridge, 41, McAllen, and Alicia Cronkhite, 28, Edinburg, have remained in custody since a detention hearing earlier this month. They will appear for their arraignment before a U.S. magistrate judge in the near future.
According to the charges, the investigation began after authorities discovered videos and images of minor victims uploaded to an email account. Etheridge was the alleged owner of that account.
The charges allege Etheridge had filmed his sexual abuse of a minor victim and uploaded the videos to that email account.
The investigation also led to a location in Edinburg where Cronkhite resided. According to the charges, Etheridge had encouraged Cronkhite to produce child pornography of another minor victim. Cronkhite then allegedly took photographs of herself abusing a minor victim and texted the photographs to Etheridge.
If convicted, both individuals potentially face up to life in federal prison.
Immigration and Customs Enforcement’s Homeland Security Investigations - Rio Grande Valley Child Exploitation Investigations Task Force conducted the investigation.
Assistant U.S. Attorney Michael Mitchell is prosecuting the case, which was brought as part of Project Safe Childhood(PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless and until convicted through due process of law.
Truck driver sentenced for deadly smuggling attemptRead the Press Release
LAREDO, Texas – A 28-year-old San Antonio man is now headed to federal prison for knowingly conspiring to transport an undocumented alien resulting in death, announced U.S. Attorney Ryan K. Patrick.
Andres Jonathan Yeverino pleaded guilty March 3.
Today, U.S. District Judge Marina Garcia Marmolejo ordered him to serve a 48-month sentence to be immediately followed by four years of supervised release.
On Oct. 21, 2019, law enforcement stopped a pickup truck in Webb County just north of Laredo. Yeverino was driving. Authorities conducted a search and discovered several people hidden underneath a blanket in the backseat and in the bed of the truck. All were determined to be aliens illegally present in the United States.
One of the individuals in the backseat ran from the vehicle onto Interstate Highway 35. Soon after, a passing vehicle struck and killed him.
Yeverino has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Custom Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Border Patrol. Assistant U.S. Attorney April Ayers-Perez prosecuted the case.
The Departments of Justice and Homeland Security Publish Final Rule to Restrict Certain Criminal Aliens’ Eligibility for AsylumRead the Press Release
Update: This rule was enjoined in its entirety on November 19, 2020. See Pangea Legal Servs., et al., v. U.S. Dep’t of Homeland Sec., et al., No. 3:20-cv-07721 (N.D. Cal.) (“Pangea I”)
Today, the Department of Justice and the Department of Homeland Security announced the publication of a Final Rule amending their respective regulations to prevent certain categories of criminal aliens from obtaining asylum in the United States. The rule takes effect 30 days after publication of the Final Rule in the Federal Register, which is scheduled to occur on Wednesday, Oct. 21.
Asylum is a discretionary immigration benefit that generally can be sought by eligible aliens who are physically present or arriving in the United States, irrespective of their status, as provided in section 208 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1158. However, in the INA, Congress barred certain categories of aliens from receiving asylum. In addition to the statutory bars, Congress delegated to the Attorney General and the Secretary of Homeland Security the authority to establish by regulation additional bars on asylum eligibility to the extent they are consistent with the asylum statute, as well as to establish “any other conditions or limitations on the consideration of an application for asylum” that are consistent with the INA.
To ensure that criminal aliens cannot obtain this discretionary benefit, the Attorney General and Secretary of Homeland Security have exercised their regulatory authority to limit eligibility for asylum for aliens who have engaged in specified categories of criminal behavior.
The new bars apply to aliens who are convicted of:
(1) A felony under federal or state law;
(2) An offense under 8 U.S.C. § 1324(a)(1)(A) or § 1324(a)(1)(2) (Alien Smuggling or Harboring);
(3) An offense under 8 U.S.C. § 1326 (Illegal Reentry);
(4) A federal, state, tribal, or local crime involving criminal street gang activity;
(5) Certain federal, state, tribal, or local offenses concerning the operation of a motor vehicle while under the influence of an intoxicant;
(6) A federal, state, tribal, or local domestic violence offense, or who are found by an adjudicator to have engaged in acts of battery or extreme cruelty in a domestic context, even if no conviction resulted; and
(7) Certain misdemeanors under federal or state law for offenses related to false identification; the unlawful receipt of public benefits from a federal, state, tribal, or local entity; or the possession or trafficking of a controlled substance or controlled-substance paraphernalia.
Aliens who have committed certain domestic violence offenses, even if not convicted, will also be barred from asylum.
Tampa Man Pleads Guilty to Conspiracy to Defraud SNAP ProgramRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Ahmad Al Saleh (57, Tampa) has pleaded guilty to one count of conspiracy to defraud the United States Department of Agriculture (“USDA”) and to make false statements to the USDA. Al Saleh faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set.
According to the
plea agreement , Al Saleh and others engaged in a conspiracy to defraud the USDA by falsely representing that Al Saleh was the new owner of the Express Family Food Market (“EFFM”) in St. Petersburg, Florida. The USDA had approved EFFM to accept Supplemental Nutrition Assistance Program (“SNAP”) payments from customers. SNAP allows low income individuals to purchase eligible food items with federal funds through the use of a SNAP Electronic Benefit Transfer card, which works like a debit card. Al Saleh falsely represented himself as the new owner of the EFFM so that the prior owner, who had been permanently disqualified from SNAP participation due to earlier SNAP fraud activity at the store location, could continue to operate and manage the store and continue to unlawfully redeem SNAP cards for cash. Al Saleh was also involved in the preparation and signature of numerous documents that falsely and fraudulently represented the terms of the alleged “sale” of EFFM to Al Saleh. In actuality, Al Saleh had no role in the management or operation of the store and had never paid to “purchase” the store.This case was investigated by the USDA - Office of Inspector General and Homeland Security Investigations, with assistance from the St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Staten Island Man Pleads Guilty to Marijuana ChargeRead the Press Release
ALBANY, NEW YORK – Jen Wong, age 28, of Staten Island, New York, pled guilty today to possessing and intending to distribute 109 pounds of marijuana in Clinton County.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division
As part of his guilty plea, Wong admitted that on July 23, 2019, he transported three hockey bags containing 109 pounds of marijuana with the intent to distribute the drugs in the Northern District of New York. Wong admitted that he was heading south on Interstate 87 near Plattsburgh, New York, when he was pulled over by police. Wong admitted that he had the hockey bags in the vehicle’s rear seat; the bags were full of multiple vacuum-sealed plastic bags of marijuana, totaling 109 pounds.
Chief United States District Judge Glenn T. Suddaby scheduled sentencing for March 2, 2021.
Wong faces up to 5 years in prison and will be subject to at least 2 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Troy Anderson.
Statement of the Attorney General on the Announcement of Civil Antitrust Lawsuit Filed Against GoogleRead the Press Release
Attorney General William P. Barr released the following statement:
“This morning the Department of Justice, along with eleven states, filed a civil lawsuit against Google for unlawfully maintaining a monopoly in general search services and search advertising in violation of the U.S. antitrust laws. This is a monumental case for the Department of Justice and, more importantly, for the American consumer.
Today, millions of Americans rely on the Internet and online platforms for their daily lives. For years, there have been broad, bipartisan concerns about business practices leading to massive concentrations of economic power in our digital economy. Hearing those concerns, I have made it a primary commitment of my tenure as Attorney General for the Department of Justice to examine whether technology markets have been deprived of free, fair, and open competition.
To that end, the Department of Justice formally opened a review of online market-leading platforms in July 2019. One part of this review is the Antitrust Division’s investigation of Google. Over the course of the last 16 months, the Antitrust Division collected convincing evidence that Google no longer competes only on the merits but instead uses its monopoly power – and billions in monopoly profits – to lock up key pathways to search on mobile phones, browsers, and next generation devices, depriving rivals of distribution and scale. The end result is that no one can feasibly challenge Google’s dominance in search and search advertising.
This lack of competition harms users, advertisers, and small businesses in the form of fewer choices, reduced quality (including on metrics like privacy), higher advertising prices, and less innovation.
The complaint filed today against Google is based on violations of the U.S. antitrust laws and is separate and distinct from concerns raised about content moderation and political censorship by online platforms. As part of the Department’s broader review of market-leading online platforms, we listened to myriad public concerns about how online platforms fail their users. While many of the concerns we heard were competition-related, others were not – like online child exploitation, public safety, and censorship. Outside the Antitrust Division, the Department has considered these issues separately, including by advocating for Section 230 legislative reforms. Our antitrust investigation of Google, by contrast, is based solely on traditional antitrust principles and is aimed at promoting consumer welfare through robust competition.
Twenty-five years ago, the Department of Justice sued Microsoft, paving the way for a new wave of innovative tech companies – including Google. The increased competition following the Microsoft case enabled Google to grow from a small start-up to an Internet behemoth. Unfortunately, once Google itself gained dominance, it resorted to the same anticompetitive playbook. If we let Google continue its anticompetitive ways, we will lose the next wave of innovators and Americans may never get to benefit from the “next Google.” The time has come to restore competition to this vital industry.
Today’s challenge against Google – the monopoly gatekeeper of the Internet – shows the tremendous efforts of the Department, in particular the hardworking men and women of the Antitrust Division, and our state partners to restore competition in markets beholden to an unlawful monopolist. This is an important milestone, but not the end of our review of market-leading online platforms. The Department will continue to vigorously investigate and enforce the antitrust laws where appropriate to protect and promote competition in the digital economy for the benefit of the American consumer.”
Southport Man Sentenced for Drug Trafficking OffensesRead the Press Release
RALEIGH, N.C. – A Southport man was sentenced today to 60 months in prison for six counts of Distribution of Cocaine Base (Crack), one count of Distribution of Cocaine, and one count of Possession with Intent to Distribute Cocaine.
According to court documents, Terrance Leon Washington, 36, pleaded guilty to the charges on August 7, 2018.
In early 2017, investigators with the Brunswick County Sheriff’s Office received information that Washington was selling controlled substances from Washington’s home in Southport, North Carolina.
On February 2, 2017, investigators conducted a traffic stop of a vehicle that was leaving Washington’s home, and cocaine was found in the car.
Agents obtained a search warrant, and at Washington’s residence, agents seized 15.02 grams of cocaine, 3.87 grams of cocaine base (crack), marijuana, plastic bags, digital scales, a 12-gauge shotgun, a 7.62 assault rifle with a 30-round magazine, a .40 caliber handgun, and ammunition of various calibers.
A few months later, agents learned that Washington was continuing to sell controlled substances, and investigators used a confidential informant to purchase cocaine and cocaine base (crack) from Washington on seven dates from June 22, 2017 to December 15, 2017.
On August 26, 2017, investigators conducted a traffic stop of Washington. He was found with a white substance around and inside his mouth, and he admitted he had ingested cocaine base (crack) prior to the traffic stop, a tactic that is often used to prevent investigators from finding the drugs.
On December 15, 2017, investigators obtained a second search warrant for Washington’s residence, and investigators seized 9.4 grams of cocaine base (crack), 3.8 grams of cocaine, marijuana, a marijuana grinder, and digital scales.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Brunswick County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) investigated the case and Assistant U.S. Attorney Scott A. Lemmon 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. 7:18-CR-0039-D-1.
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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.
Six Defendants Charged in Scheme to Defraud Student Loan ProgramsRead the Press Release
Six former administrators from the Columbus, Georgia, campus of the Apex School of Theology were charged in an indictment unsealed Monday for their alleged participation in a scheme to defraud student loan programs.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Charles Peeler of the Middle District of Georgia, Special Agent in Charge J.C. Hacker of the FBI’s Atlanta Division, Special Agent in Charge Neil Sanchez of the Department of Education’s Office of Inspector General (DOE-OIG), and Special Agent in Charge James E. Dorsey, of the IRS Criminal Investigation’s (IRS-CI) Atlanta Division made the announcement.
According to the indictment, Erica Montgomery, 47, of Ft. Mitchell, Alabama, Sandra Anderson, 61, of Columbus, Georgia, Leo Frank Thomas, 54, of Columbus, Georgia, Yolanda Thomas, 50, of Columbus, Georgia, Dorothy Webb, 68, of Las Vegas, Nevada, and Kristina Parker, 33, of Stone Mountain, Georgia, were charged by a federal grand jury in the Middle District of Georgia with one count of conspiracy, five counts of mail fraud, and five counts of financial aid fraud. Anderson and Montgomery were also charged with money laundering.
The indictment alleges that the defendants engaged in a scheme to operate an off-site learning center in Columbus, Georgia, on behalf of Apex, a now-defunct school offering programs in theology and other subjects. As part of the scheme, the defendants allegedly recruited individuals with offers of “free money” to act as fake “students” and fraudulently apply for federal financial aid. The indictment alleges that these “students” were told that they did not have to do any work or attend classes, but they would have to split their financial aid with the defendants, who used federal financial aid funds to personally enrich themselves.
The indictment further alleges that the defendants submitted plagiarized work for the “students,” took their tests, and logged on to the school’s web site as if they were the “students” to deceive the DOE into believing they were real students making adequate academic progress. The defendants falsified admission packets and applied for federal financial aid in the names of the students, falsely certifying that they were the student and that the financial aid would be used for educational purposes. Instead, the financial aid was used to enrich the recruited “students” and the defendants.
An indictment is merely an allegation, and all defendants are presumed innocent unless and until proven guilty in a court of law.
The FBI’s Atlanta Division, DOE-OIG, and IRS-CI’s Atlanta Division investigated this matter. Senior Litigation Counsel David A. Bybee of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Crawford Seals of the Middle District of Georgia are prosecuting the case.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Schenectady Woman Pleads Guilty to Theft of Government PropertyRead the Press Release
ALBANY, NEW YORK – Jody Lyons, age 53, of Schenectady, New York, pled guilty today to stealing the Social Security benefits of her deceased mother for several years after her mother’s death in January 2015.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and John F. Grasso, Special Agent in Charge of the Social Security Administration (SSA), Office of the Inspector General, New York Field Office.
As part of her guilty plea, Lyons admitted that beginning the month of her mother’s death, she withdrew and spent Social Security benefits that continued to be deposited into her mother’s bank account until August 2018, when the SSA learned of the death and benefit payments ceased. Lyons also admitted that she withdrew and spent her mother’s Social Security benefits despite knowing what the benefits were, that the benefits were intended for her mother, and that Lyons was not entitled to the money.
Sentencing is scheduled for March 5, 2021 before United States District Judge Mae A. D’Agostino. Lyons faces up to 10 years in prison, up to 3 years of supervised release, and a fine of up to $250,000. Additionally, Lyons has agreed to pay $95,961.00 in restitution to the SSA. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
Savannah man admits attempting to hire a hit man in murder plotRead the Press Release
SAVANNAH, GA: A Chatham County man has admitted that he attempted to hire someone to commit murder on his behalf.
Mark Davis, 60, of Savannah, pled guilty in U.S. District Court to one count of Murder for Hire, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. The charge carries a sentence of up to 10 years in prison, in addition to substantial possible fines and up to three years of supervised release upon completion of his prison term. There is no parole in the federal system.
“Protecting the life and safety of people in the community is among the most important duties of law enforcement personnel,” said U.S. Attorney Christine. “Detecting and stopping Mark Davis’ heinous murder plot demonstrates our law enforcement partners’ commitment to that effort.”
As described in court documents and testimony, Davis admitted that he attempted to hire someone in May 2020 to kill another person. An undercover agent, posing as a hit man, met with Davis to discuss a price for the would-be murder. Law enforcement officers arrested Davis after he paid the undercover agent an agreed-upon installment in cash.
“This case is another example of the lengths the FBI will go to protect the citizens of this country,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “We will always work together with our citizens to hold criminals accountable and prevent violence from happening in our communities.”
The case is being investigated by the FBI Violent Crimes Task Force, the Port Wentworth Police Department and the Chatham-Savannah Counter Narcotics Team, and is being prosecuted for the United States by the U.S Attorney’s Office for the Southern District of Georgia.
San Rafael Man Sentenced to Ten Years in Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
SAN FRANCISCO – Timothy Melchior was sentenced to 120 months in prison for possession with intent to distribute methamphetamine, announced United States Attorney David L. Anderson and Drug Enforcement Administration (DEA) Special Agent in Charge Daniel C. Comeaux. The sentence was handed down by the Honorable William H. Alsup, U.S. District Judge.
Melchior, 33, of San Rafael, Calif., pleaded guilty to the charge on January 28, 2020. In pleading guilty, Melchior admitted he possessed methamphetamine with the intent to distribute it. According to the United States’ sentencing memorandum, law enforcement agents executed a search warrant at Melchior’s residence on October 30, 2018. Inside the residence, agents found almost 200 grams of pure methamphetamine, along with distribution amounts of heroin and marijuana; multiple cell phones and laptops; a digital scale and drug packaging materials; approximately $12,000 in cash; and bank records showing that, despite being unemployed, the defendant possessed approximately $85,000 in his bank account.
A federal grand jury indicted Melchior on December 20, 2018, charging him with possessing with intent to distribute methamphetamine, in violation of 18 U.S.C. §§ 841(a)(1) and (b)(1)(A)(viii). Melchior pleaded guilty to the sole count in the indictment.
In addition to the prison term, Judge Alsup also sentenced the defendant to a five-year period of supervised release. Melchior’s next court appearance is scheduled for January 26, 2021, to set a date to surrender to the Bureau of Prisons.
Assistant U.S. Attorneys Ross Weingarten and David Ward are prosecuting the case with the assistance of Margoth Turcios. The prosecution is the result of an investigation by the Drug Enforcement Administration, the Marin County Major Crimes Task Force, and the Marin County Sheriff’s Office.
San Diego Man Charged with Aiming a Laser Pointer at Police Helicopter During a ProtestRead the Press Release
NEWS RELEASE SUMMARY – October 20, 2020
SAN DIEGO – An indictment was unsealed in federal court today charging San Diego resident Stephen Glenn McLeod with knowingly aiming the beam of a laser pointer at an aircraft on August 28, 2020.
McLeod was arraigned in federal court today. At the hearing, Assistant U.S. Attorney Jonathan Shapiro told U.S. Magistrate Allison Goddard that McLeod is alleged to have pointed a laser pointer at a San Diego Police Department helicopter multiple times while participating in a protest on August 28, 2020.
U.S. Magistrate Judge Goddard set a personal appearance bond of $35,000, guaranteed by two financial responsible adults. The next hearing is scheduled for November 20, 2020 at 1:30 p.m. before U.S. District Court Judge Janis Sammartino.
“We support everyone’s right to peacefully assemble and protest. Aiming a laser pointer at a police helicopter, however, is highly dangerous and a serious violation of federal law,” said U.S. Attorney Robert Brewer.
“When aimed at an aircraft, a beam of light from a handheld laser can illuminate a cockpit, disorienting and temporarily blinding the pilots,” said Suzanne Turner, Special Agent in Charge of FBI San Diego. “It's a federal felony that the FBI and our law enforcement partners take very seriously.”
DEFENDANT Case Number 20CR3106JLS
Stephen Glenn McLeod Age: 38 San Diego
SUMMARY OF CHARGES
Aiming a Laser Pointer at an Aircraft – Title 18, United States Code, Section 39A
Maximum penalty: Five years in prison, $250,000 fine
AGENCY
San Diego Police Department
Federal Bureau of Investigation
Joint Terrorism Task Force
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
San Antonio Return Preparer Pleads Guilty in Tax Fraud SchemeRead the Press Release
A San Antonio, Texas, tax return preparer pleaded guilty today to aiding and assisting in the preparation of false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Department of Justice’s Tax Division and U.S. Attorney Gregg N. Sofer of the Western District of Texas.
According to court documents and statements made in court, between 2013 and 2017, in San Antonio, Copperas Cove, and Killeen, Texas, Telesa Hall, 44, operated Precision Efile Tax Services, a tax preparation business. During the course of the scheme, Hall prepared at least 51 fraudulent tax returns, which sought to generate inflated refunds for her clients. Among other things, Hall falsely claimed on some of the returns substantial business losses, which artificially lowered her clients’ reported taxable income.
Sentencing is scheduled before U.S. District Court Jeffrey C. Manske. Hall faces a statutory maximum of three years in prison as well as a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Sofer commended special agents or IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys William B. Guappone and Francesca L. Bartolomey, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Prison Official Charged with Accepting Bribes and Smuggling Contraband into Correctional InstitutionRead the Press Release
A federal grand jury sitting in the Eastern District of North Carolina returned an indictment on Oct. 14 charging a North Carolina Department of Public Safety official with a bribery and smuggling scheme that funneled drugs and other contraband into Caledonia Correctional Institution.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and Special Agent in Charge Robert R. Wells of the FBI’s Charlotte Field Office made the announcement.
Ollie Rose III, 61, of Pleasant Hill, North Carolina, was charged with one count of conspiring to use a facility in interstate commerce in furtherance of unlawful activity, five counts of extortion under color of official right, one count of attempted possession with intent to distribute a controlled substance, and four counts of possession with intent to distribute a controlled substance. He made his initial appearance today before U.S. Magistrate Judge Kimberly A. Swank.
According to the indictment, Rose, a case manager at Caledonia Correctional Institution, used his position as a public official to smuggle contraband, including marijuana, tobacco, and synthetic cannabinoids, into the prison for inmates. The indictment alleges that in exchange for smuggling illegal drugs and other contraband, Rose received payments ranging from $500 to $1,200 in cash or via a mobile application. Rose is alleged to have engaged in the smuggling scheme from at least November 2018 through October 2020.
An indictment is not a finding of guilt. It merely alleges that crimes have been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
The case was investigated by the FBI and the North Carolina Department of Public Safety. The case is being prosecuted by Trial Attorneys Rebecca M. Schuman and Lauren E. Britsch of the Criminal Division’s Public Integrity Section.
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.
Postal Service Employee Admits Stealing MailRead the Press Release
CAMDEN, N.J. – A Gloucester County, New Jersey, man today admitted to stealing gift cards and cash from mail that passed through post offices where he was employed, U.S. Attorney Craig Carpenito announced.
Daniel Talorico, 40, of Sewell, New Jersey, pleaded guilty by videoconference today before U.S. District Judge Joseph H. Rodriguez to an information charging him with one count of theft of mail by a postal employee.
According to documents filed in this case and statements made in court:
Talorico was employed by the U.S. Postal Service as a laborer custodian in post offices in Burlington County and Camden County, New Jersey. Between May 2019 and October 2019, Talorico stole gift cards and cash from greeting cards and other mail that passed through the post offices where he worked.
The theft of mail by a postal employee charge carries a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for March 1, 2021.
U.S. Attorney Carpenito credited special agents of the U.S. Postal Service Office of Inspector General, Eastern Area Field Office, under the direction of Special Agent in Charge Kenneth Cleevely, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Daniel A. Friedman of the U.S. Attorney’s Office’s Criminal Division in Camden.
Portland Man Accused of Illegal Possession of Body ArmorRead the Press Release
PORTLAND, Ore.—U.S. Attorney Billy J. Williams announced today that a Portland Oregon man with a previous felony conviction has been charged with possessing body armor during protest activity in Portland.
Maurice Lonnie Monson, 30, is charged by indictment with one count of Felon in Possession of Body Armor in violation of Title 18 U.S.C. Section 931.
According to court documents, on the evening of September 4, 2020, a group of protestors were blocking traffic along North Lombard Street in Portland, Oregon, near the vicinity of the Portland Police Association (PPA) office. The PPA office has been targeted by violent protest activity numerous times throughout the summer.
At approximately 11:35 p.m., Portland Police declared an unlawful assembly after some within the protest hurled rocks, water bottles and cans at officers. As part of the unlawful assembly declaration, protestors were ordered to clear the roadway. Monson was arrested when he failed to comply with the order to disperse. When arrested, it was discovered that Monson was wearing a ballistic “bullet proof” vest. Additional investigation revealed that Monson has a previous felony conviction in Multnomah County, Oregon in 2009. As such, it is illegal for Monson to possess ballistic body armor.
Monson made his initial appearance in federal court today before U.S. Magistrate Judge Youlee Yim You. He was arraigned, pleaded not guilty, and ordered released pending a two-day jury trial scheduled to begin on December 22, 2020.
The Federal Bureau of Investigation investigated this case. It is being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Pittsburgh Man Sentenced to Six Years for Receiving Child Sexual Abuse MaterialRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to six years’ (72 months’) imprisonment and seven years’ supervised release on his conviction of Receipt of Material Depicting the Sexual Exploitation of a Minor, United States Attorney Scott W. Brady announced today.
United States District Judge Marilyn J. Horan imposed the sentence on Michael Riley, age 35, of Pittsburgh, Pennsylvania.
According to information presented to the court, from January 2, 2020 through March 3, 2020, Riley used a computer issued to him by his employer to knowingly receive and attempt to receive visual depictions of minors engaging in sexually explicit conduct, namely videos.
Assistant United States Attorney Heidi M. Grogan prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Riley.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Pennsylvania Biofuel Company and Owners Sentenced on Environmental and Tax Crime Convictions Arising out of Renewable Fuels FraudRead the Press Release
Two biofuel company owners were sentenced to prison for conspiracy and making false statements to the U.S. Environmental Protection Agency (EPA) and conspiracy to defraud the IRS and preparing a false tax claim.
U.S. District Judge John E. Jones III sentenced Ben Wootton, 55 of Savannah, Georgia, to 70 months and Race Miner, 51, of Marco Island, Florida, to 66 months, after a jury convicted both defendants and their company, Keystone Biofuels Inc. (Keystone), in April 2019. The company was originally located in Shiremanstown, Pennsylvania, and later in Camp Hill, Pennsylvania. Miner was the founder and chief executive officer of Keystone. Wootton was president of Keystone, and a former member of the National Biodiesel Board. The court ordered both men to pay restitution of $4,149,383.41 to the IRS and restitution of $5,076,376.07 to the Pennsylvania Department of Environmental Protection. Wootton and Miner will also have to serve a three-year term of supervised release after their term of imprisonment. Keystone was sentenced to five years’ probation and ordered to pay restitution of $4,149,383.41 to the IRS and restitution of $5,076,376.07 to the Pennsylvania Department of Environment Protection criminal fine.
“The EPA and IRS renewable fuels incentive programs are important components of the Congressional program to increase the use of biofuels to benefit the environment,” said Principal Deputy Assistant Attorney General Jonathan D. Brightbill of the Justice Department’s Environment and Natural Resources Division. “Today’s sentences are a strong reminder that the federal government will not allow supposed “green” conmen to illegally take advantage of federal and state programs that are meant to offer financial incentives to enhance the environment and energy sustainability.”
“The complex fraud perpetrated by the defendants in this case struck directly at the heart of a government program that was specifically created to benefit the environment, business owners and the community at large,” said U.S. Attorney David J. Freed of the Middle District of Pennsylvania. “Encouraging companies to develop and provide for sale clean renewable fuels is truly a win-win proposition for everyone. Unfortunately, the defendants used this program to benefit only themselves. Today’s sentences send a clear message that my office, our federal partners and the United States Department of Justice will not tolerate renewable fuels fraud and related offenses.”
“The defendants defrauded the IRS and sought to profit from a system intended to protect the environment,” said Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. “The Tax Division will continue to aggressively investigate and prosecute with our partners such tax crimes.”
“Today’s sentencing demonstrates there are real penalties for those defrauding the Renewable Fuel Standard (RFS) program,” said Jessica Taylor, Director of the EPA’s criminal enforcement program. “With this action EPA and its enforcement partners are continuing to protect both the integrity of the RINs program and the American taxpayer.”
“Wootton and Miner actively engaged in a multimillion-dollar scheme designed to rob the government and line their own pockets. Today, they learned there is a steep price to be paid for such greed,” said Jim Lee, Chief, IRS Criminal Investigation (IRS-CI). “It is the partnerships between IRS-CI and other federal agencies like the EPA that allow cases like this to come to fruition, holding accountable those who seek to enrich themselves through fraudulent means.”
“The only green resource these two cared about was money, and they told lie after lie to perpetuate their fraud,” said Special Agent in Charge Michael J. Driscoll of the FBI's Philadelphia Field Office. “Fair warning to anyone else seeking to scam the U.S. government and taxpayers like this: the FBI and our partners stand ready to investigate and hold you accountable as well.”
Wootton, Miner, and Keystone falsely represented that they were able to produce a fuel meeting the requirements set by the American Society for Testing and Materials (ASTM) for biodiesel (a renewable fuel) and adopted by the EPA, and as such were entitled to create renewable fuel credits, known as RINs, based on each gallon of renewable fuel produced. The fuel and the RINs have financial value and could be sold and purchased by participants within the federal renewable fuels commercial system.
Wootton and Miner were also convicted of fraudulently claiming federal tax refunds based on IRS’s Biofuel Mixture Credit. The Biodiesel Mixture Credit is a type of “blender’s credit” for persons or businesses who mix biodiesel with diesel fuel and use or sell the mixture as a fuel. Wootton and Miner caused Keystone to fraudulently claim tax refunds based on non-qualifying fuel and, in at least some instances, non-existent or non-mixed fuel. In an attempt to hide their fraud scheme, the men created false corporate books and records and sham financial transactions to account for the nonexistent and non-qualifying fuel, and to create the appearance of legitimacy.
The prosecution of Wootton, Miner and Keystone is the first prosecution of a case under the federal renewable fuels program based on fuel that did not meet the program renewable fuel quality standards.
The case was prosecuted by Senior Litigation Counsel Howard P. Stewart of the Environment and Natural Resources Division’s Environmental Crimes Section, Assistant U.S. Attorney Geoffrey MacArthur, Special Assistant U.S. Attorney David Lastra, and Trial Attorneys Mark Kotila and Michael C. Vasiliadis of the Tax Division. EPA Region III Criminal Investigation Division, IRS Criminal Investigation and the FBI Philadelphia’s Harrisburg Resident Agency investigated the matter.
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.
Press Release by Mark a. Klaassen, United States Attorney for the District of Wyoming, Relating to the November 2020 General ElectionRead the Press Release
United States Attorney Mark A. Klaassen announced today that Assistant United States Attorney (AUSA) Timothy W. Gist will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. AUSA Gist has been appointed to serve as the District Election Officer (DEO) for the District of Wyoming, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will always act appropriately to protect the integrity of the election process.” stated United States Attorney Klaassen.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Klaassen stated that AUSA/DEO Gist will be on duty in this District while the polls are open. AUSA/DEO Gist can be reached by the public at the following telephone number: (307) 332-8195.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (307) 335-7559.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
United States Attorney Klaassen said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”
Owner of Queens Acupuncture Business Pleads Guilty to Aiding and Assisting the Preparation of a False Tax ReturnRead the Press Release
The co-owner of a New York acupuncture business pleaded guilty yesterday to aiding and assisting in the preparation of a false tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
Nikki B. Yu of Queens, New York, co-owned and operated Wellife Physical Therapy and Acupuncture PLLC (Wellife), and was also involved in the operation of Welling Physical Therapy and Acupuncture PLLC (Welling), both of which had locations throughout New York City. Yu used a series of management companies in order to receive untaxed income from the businesses. She and others transferred funds from Welling and Wellife to the management companies, but did not report those funds to the IRS. Rather, Yu and others cashed approximately $3 million in checks payable to the management companies at a check cashing business, and then provided false and incomplete information to her tax return preparers by failing to disclose this check cashing activity. As part of her plea agreement, Yu admitted that she caused six false income tax returns to be filed on behalf of the management companies, understating their gross receipts.
U.S. District Judge Ann M. Donnelly set sentencing for April 21, 2021. Yu faces up to three years in prison and a $250,000 fine.
Principal Deputy Assistant Attorney General Zuckerman thanked special agents of IRS Criminal Investigation, who investigated the case, and Trial Attorneys Anahi Cortada and Thomas Koelbl of the Tax Division, who are prosecuting the case. Principal Deputy Assistant Attorney General Zuckerman also thanked the U.S. Attorney’s Office for the Eastern District of New York for their assistance in this matter.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Newark City Council Member Charged with Scheming to Obtain Bribes and Kickbacks; Co-Schemer Admits Wire Fraud ConspiracyRead the Press Release
NEWARK, N.J. – A member of the Newark Municipal Council and Board of Directors of the Newark Community Economic Development Corporation (NCEDC) was charged today with scheming to obtain bribes and kickbacks, U.S. Attorney Craig Carpenito announced.
Joseph A. McCallum Jr., 65, of Newark, is charged by complaint with one count of wire fraud for allegedly devising a scheme, using interstate wire communications, to defraud Newark and the NCEDC of the right to McCallum’s honest services. McCallum is scheduled to appear on a date that will be determined by the court.
Malik Frederick, 60, of Newark, a participant in the scheme, pleaded guilty today by videoconference before U.S. District Judge William J. Martini to Count 1 of a four-count information, charging conspiracy to commit honest services wire fraud, and Count 3, charging him with subscribing to a false personal federal tax return for 2017 for intentionally not reporting over $100,000 in income.
According to documents filed in these cases and statements made in court:
As a member of the Newark city council, representing the West Ward, and of the NCEDC (now known as Invest Newark!), from 2017 through February 2020, McCallum schemed to receive concealed bribes and kickbacks from Frederick, funded by developers, contracting companies, and other businesses seeking contracts and approvals principally related to development, construction, and real estate projects and deals in Newark. These developers and others were solicited by Frederick to hire his consulting company for “access,” and were introduced to McCallum as the councilman behind the particular project or deal of interest to them. McCallum then received and planned to receive concealed bribes and kickbacks derived from the fees that Frederick obtained from those who retained his company.
In exchange, McCallum used his official positions to provide assistance to those who retained Frederick’s company. For those who refused or hesitated to pay, McCallum and Frederick intended to prevent them from obtaining contracts and work from the NCEDC and the City of Newark. McCallum and Frederick used interstate emails and phone calls to further this scheme and took significant steps to conceal these bribes and kickbacks.
The bribes and kickbacks received and sought by McCallum through Frederick included the following:
- A $16,000 bribe funded by a payment from a contracting company;
- a $25,000 bribe and kickback funded by a payment from a developer’s company;
- $500 in cash to cover travel expenses for an out-of-country trip and an attempt to receive part of a $50,000 payment from a second developer;
- and an attempt to obtain payments from a seller of property in the West Ward and a developer who was seeking to buy and develop the property.
Frederick also sought to have a modular home company that was in negotiations with the NCEDC on a development project in Newark retain Frederick’s company and obtain a $40,000 payment from the company. Frederick intended to share the $40,000 payment with an NCEDC official (Co-Conspirator 2) who referred Frederick to the modular home company and expected a portion of whatever Frederick would be paid. After the modular home company refused to retain Frederick’s company, it did not receive a contract from the NCEDC.
The honest services wire fraud charge alleged in the criminal complaint against McCallum and the wire fraud conspiracy charged in Count 1 of the information to which Frederick pleaded guilty carries a maximum penalty of 20 years in prison and a fine of $250,000, or twice the pecuniary gain to the defendant or loss to the victims, whichever is greater. The false tax return charge to which Frederick pleaded guilty carries a maximum potential penalty of three years in prison and a maximum $250,000 fine, or twice the pecuniary gain to the defendant or loss to the victim, whichever is greater. Sentencing for Frederick is scheduled for March 2, 2021.
U.S. Attorney Carpenito credited special agents of the FBI’s Newark Field Office, under the direction of Special Agent in Charge in Newark George M. Crouch Jr. in Newark; special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez, and special agents of the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi, with the investigation leading to today’s charges against McCallum and guilty plea by Frederick.
The government is represented by Assistant U.S. Attorneys Jihee G. Suh, Jeffrey Manis, and Elaine K. Lou of the U.S. Attorney’s Office’s Special Prosecutions Division.
The charge and allegations contained in the complaint against McCallum are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
New York Man Pleads Guilty to Conspiring to File False ReturnsRead the Press Release
A resident of Newburgh, New York, pleaded guilty today to conspiracy to defraud the United States, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to the indictment, Jose Andreu filed false tax returns with the assistance of a return preparer. From 2011 through 2019, Andreu and others prepared and filed false returns through two tax preparation firms that reported significant tax withholdings based on fictitious Forms 1099-OID, in an effort to fraudulently obtain refunds from the IRS. The Forms 1099-OID falsely reported that financial institutions, creditors, and other entities had withheld federal income tax, when in reality no such taxes had been withheld. Andreu also filed false returns for himself and others, claiming more than $2,125,872 in refunds from the IRS.
U.S. District Judge Eric R. Komitee scheduled sentencing for Feb. 24, 2021. Andreu faces up to five years in prison, as well as monetary penalties. As part of his plea agreement, Andreu has agreed to pay restitution to the IRS.
Principal Deputy Assistant Attorney General Zuckerman thanked special agents of IRS-Criminal Investigation and Treasury Inspector General for Tax Administration, who conducted the investigation, and Trial Attorneys Ann Marie Cherry and Mark Kotila of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
New Jersey Man Sentenced to 87 Months on Drug ConvictionRead the Press Release
ALBANY, NEW YORK – Thomas Critten, age 30, of Jersey City, New Jersey, was sentenced today to 87 months in prison for possessing and intending to distribute crack cocaine in St. Lawrence County.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and St. Lawrence County Sheriff Brooks J. Bigwarfe.
As part of his guilty plea, Critten admitted that on December 20, 2018, he brought 104 grams of grams of crack cocaine to Massena, New York, with the intent of distributing it. Critten admitted he had hidden two bags of crack cocaine in his underwear, and that police discovered it during a search for an unrelated arrest. Critten admitted that he was to deliver the crack to a house in Masenna, and was to be paid $1,000 for the delivery.
Chief United States District Judge Glenn T. Suddaby also imposed a 4-year term of supervised release, to begin after Critten’s release from prison.
This case was investigated by the St. Lawrence County Drug Task Force and was prosecuted by Assistant U.S. Attorney Troy Anderson.
Navajo man charged in stabbing in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Jamieson C. Mason, 28, of Upper Fruitland, New Mexico, and an enrolled member of the Navajo Nation, waived his preliminary hearing in federal court today on charges of assault with a dangerous weapon and assault resulting in serious bodily injury. Mason will remain in custody pending trial.
According to a criminal complaint, on Oct. 8, Mason allegedly was present at a residence for a birthday party, remaining mostly outside while others were inside preparing food. Mason allegedly entered the residence, approached the victim, who was sitting on a couch, pushed her torso forward and stabbed her in the back multiple times. Mason then reportedly fled the home.
The assault took place on the Navajo Nation. The victim, who is also an enrolled member of the Navajo Nation, required treatment for her wounds at San Juan Regional Medical Center.
If convicted, he faces up to 10 years in prison for each charge. A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty
The Farmington Office of the FBI and the Navajo Police Department investigated this case. Assistant U.S. Attorney Alexander F. Flores is prosecuting the case.
Nashua Man Pleads Guilty to Unlawfully Possessing Firearm and AmmunitionRead the Press Release
CONCORD - Shawn Goodine, 44, of Nashua, pleaded guilty in federal court to being a felon in possession of a firearm and ammunition, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on October 25, 2019, members of the Nashua Police Department were called to a residence for a report of domestic violence. When Goodine saw the police arrive at the residence, he went inside the first floor apartment and refused to leave. For the next 11 hours, he made several calls to friends and family, claiming that he had a firearm and that he would “not come out alive.” Several people reported these calls to the police. Officers also heard the defendant yelling, “This isn’t going to end well,” and “If they come in my house, I’m gonna light it up.” Eventually, the police threw chemical munitions in the basement window which resulted in Goodine coming out. Goodine later admitted that he possessed a firearm during the stand-off and the Nashua police recovered the firearm and ammunition in the basement of the residence. Goodine is a convicted felon and prohibited from possessing a firearm and ammunition.
Goodine is scheduled to be sentenced on January 27, 2021.
“In order to keep our communities safe from violence, it is imperative to keep guns out of the hands of criminals,” said U.S. Attorney Murray. “Each day, we work closely with our law enforcement partners to identify and prosecute criminals who endanger our citizens by unlawfully possessing firearms. I am grateful to the Nashua Police Department and ATF for their work in protecting our citizens from potential violence.”
This matter was investigated by the Nashua Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorney Debra M. Walsh.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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NDTX Round-Up: October 9-15Read the Press Release
GUILTY PLEA – JOHN ADRIAN GARCIA
On October 13, John Adrian Garcia, 19, plead guilty to carjacking. In June 2019, Garcia took a black Lexus RX from another individual by intimidation and force. Garcia faces up to 15 years in federal prison for his crimes. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Dallas Police Department as part of the Dallas Project Safe Neighborhoods initiative. Assistant U.S. Attorney Nicole Dana.
SENTENCING – DESMOND WELLS
On October 15, Desmond Wells, 26, was sentenced to 210 months and ordered to pay $110,860.05 in restitution for attempted bank robbery. Upon entering Veritex Community Bank in Fort Worth, Wells and a coconspirator demanded “hundreds, fifties, and twenties” from bank employees. Seconds later, the coconspirator fired gunshots at bank employees striking two tellers behind the counter and one employee seated at the center island. Both Wells and the coconspirator fled the bank only to be arrested by law enforcement later the same day. This case was investigated by the FBI’s Dallas Field Office and the Fort Worth Police Department. Assistant U.S. Attorney Daniel Cole prosecuted this case.
GUILTY PLEA – GERSON GAMALIEL ROJO GUZMAN
On October 15, Gerson Gamaliel Rojo Guzman, 30, plead guilty to possession with the intent to distribute 500 grams or more of methamphetamine and cocaine. Law enforcement executed a search warrant at Rojo Guzman’s residence. Officers recovered cocaine, two firearms, ammunition, and $11,550 in cash. Rojo Guzman faces up to 20 years in federal prison for his crimes. This case was investigated by the Texas Department of Public Safety and the Desoto Police Department. Assistant U.S. Attorney P.J. Meitl is prosecuting this case.
GUILTY PLEA – CARLOS DANIEL MARTINEZ-MARIN
On October 15, Carlos Daniel Martinez-Marin, 22, plead guilty to possession with the intent to distribute a controlled substance. DEA agents located a house used as a meth conversion lab in the Northern District that was used by Martinez-Marin and other co-conspirators. As Martinez-Marin exited the house he was arrested, and agents executed a search warrant on the house. Law enforcement recovered a meth conversion lab; large quantities of liquid methamphetamine in 18 containers; 21,332 grams of crystal methamphetamine; 3,013 grams of heroin; $3,252 in drug proceeds. Martinez-Marin faces up to 40 years in federal prison for his crimes. This case was investigated by the Drug Enforcement Administration. Assistant U.S. Attorney John Kull is prosecuting this case.
Muskogee Man Pleads Guilty to Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Solomon Lamont Horsechief, a/k/a Soloman Lamont Horsechief, age 35, of Muskogee, Oklahoma entered a guilty plea to Sexual Abuse In Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2242(2) and 2246(2)(A), punishable by imprisonment of any term of years up to life, a fine up to $250,000.00, or both.
The Information alleged on or about March 27, 2020, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did knowingly engaged and attempted to engage in a sexual act as defined in Title 18, United States Code, Section 2246, with A.R., who was, as the defendant well knew, at that time physically incapable of declining participation in the aforementioned sexual act and who was physically incapable of communicating unwillingness to engage in the aforementioned sexual act.
The charges arose from an investigation by the Muskogee Police Department and the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Special Assistant United States Attorney Courtney Jordan represented the United States.
Morris Man Pleads Guilty to Assault Resulting in Substantial Bodily Injury in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Cameron Austin Burgess, age 22, of Morris, Oklahoma entered a guilty plea to Assault Resulting In Substantial Bodily Injury To A Spouse, Intimate Partner, Or Dating Partner In Indian Country, in violation of Title 18 United States Code, Sections 113(a)(7), 1151, and 1153, punishable by not more than 5 years imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about March 4, 2020, within the Eastern District of Oklahoma, in Indian Country, Cameron Austin Burgess, an Indian, did assault a spouse, intimate partner, or dating partner, resulting in substantial bodily injury.
The charges arose from an investigation by the Henryetta Police Department, Okmulgee Police Department, District 25 Violent Crime Task Force and the Federal Bureau of Investigation.
The Honorable John F. Heil III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Special Assistant United States Attorney Robert Reeves represented the United States at the plea hearing.
Mississippi Man and Destrehan, La. Man Charged with Bank Fraud and Money LaunderingRead the Press Release
NEW ORLEANS – RYAN P. MULLEN, age 39, and a resident of Jayess, Mississippi, and DUANE A. DUFRENE, age 53, and a resident of Destrehan, Louisiana, were indicted on October 16, 2020 by a federal grand jury for conspiracy to commit bank fraud and money laundering, in addition to multiple counts of substantive bank fraud and money laundering, announced U.S. Attorney Peter G. Strasser of the Eastern District of Louisiana.
As charged in the now unsealed indictment, MULLEN and DUFRENE utilized fictitious entities, falsified tax returns and provided fraudulent financial statements and appraisals to orchestrate their scheme to defraud the lenders for the purchases of a residence in Jayess, MS (State Bank and Trust), The Briars bed and breakfast in Natchez, MS (Keesler Federal Credit Union) and two other Natchez hotels (Red Oak Capital Group, LLC). The sale of the Jayess residence was premised on false financial information provided by DUFRENE to MULLEN, who then gave it to State Bank. The sales of The Briars and the two hotels were not only premised upon false information prepared by DUFRENE and given to the financial institutions by MULLEN but also upon inflated appraisals based on side sales agreements between MULLEN and DUFRENE. After the sales of the bed and breakfast and hotel properties, MULLEN paid DUFRENE $90,000. MULLEN pocketed over $3 million from the overvalued loans and used the proceeds to buy at least 20 high-end luxury cars.
U.S. Attorney Strasser stated that an indictment merely alleges that crimes have been committed and that defendants are presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, MULLEN and DUFRENE face a maximum sentence of (30) thirty years as to the bank fraud conspiracy and bank fraud counts, and a maximum sentence of up to (10) ten years on the money laundering conspiracy and money laundering counts. After imprisonment, the defendants face up to (5) five years of supervised release, and a $1,000,000 fine on the bank fraud counts, and up to (3) three years of supervised release, and a $250,000 fine on the money laundering counts. Each count also has mandatory special assessment of $100.
U.S. Attorney Strasser commended the special agents of the Federal Bureau of Investigation and IRS-Criminal Investigation for their handling of the matter. The case is being prosecuted by Assistant United States Attorneys Edward J. Rivera and Andre Lagarde.
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Middle District of Georgia Election Officers Named, Election Fraud Complaint Phone Numbers OpenRead the Press Release
MACON, Ga. – Two Assistant U.S. Attorneys for the Middle District of Georgia have been named as election officers for the district, said Charlie Peeler, the U.S. Attorney for the Middle District of Georgia.
Assistant U.S. Attorneys (AUSAs) Will Keyes and Todd Swanson will lead efforts in connection with the Justice Department’s nationwide Election Day Program for the November 3, 2020, general election. AUSAs Keyes and Swanson have been appointed to serve as the District Election Officers (DEOs) for the Middle District of Georgia, and in that capacity are responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will always act appropriately to protect the integrity of the election process,” said U.S. Attorney Peeler.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEOs Keyes and Swanson will be on duty in this District while the polls are open. They can be reached by the public by calling 478-621-2685.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public by calling 770-216-3000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/.
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
“Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI or the Civil Rights Division,” said U.S. Attorney Peeler.
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.Mexican national headed to prison for importing $375,000 in cocaineRead the Press Release
LAREDO, Texas – A 47-year-old man from Durango, Mexico, has been sentenced to federal prison following his conviction of conspiracy to import cocaine into the United States, announced U.S. Attorney Ryan K. Patrick.
Jaime Barraza-Pena pleaded guilty July 8.
Today, U.S. District Judge Marina Garcia Marmolejo handed Barraza-Pena a 46-month sentence. Not a U.S. citizen, he is expected to face removal proceedings following the sentence.
Barazza-Pena attempted to enter the United States Jan. 26, at the Colombia Solidarity International port-of-entry in Laredo. At that time, a service K-9 alerted to the possible presence of narcotics. Authorities conducted a search and found 14 bundles inside a hidden compartment underneath the center console. They were found to contain approximately 15 kilograms of cocaine with an estimated street value of $375,000.
“Cocaine is a vicious drug that destroys lives, devastates our communities and compromises the public’s safety,” said Special Agent in Charge Shane Folden of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), San Antonio. “The sentence in this case is fitting of the serious crime committed by this defendant. HSI will continue to combat this serious threat.”
HSI conducted the investigation with assistance from Customs and Border Protection. Assistant U.S. Attorney Aaron Petters is prosecuting the case.
Medical Assistant Admits Role in Genetic Testing Kickback and Bribery SchemeRead the Press Release
NEWARK, N.J. – A Pennsylvania medical assistant today admitted participating in a conspiracy to receive bribes and kickbacks in exchange for ordering genetic tests, U.S. Attorney Craig Carpenito announced.
Shanelyn Kennedy, 25, of Scranton, Pennsylvania, pleaded guilty by videoconference before U.S. District Judge Anne E. Thompson to an information charging her with one count of conspiring to violate the anti-kickback statute. Kennedy is the second defendant to plead guilty in bribery and kickback schemes involving doctors and medical employees in the Scranton, Pennsylvania, area.
According to documents filed in this case and statements made in court:
Kennedy worked as a medical assistant for Yitzachok “Barry” Kurtzer, a primary care physician with separate offices in the Scranton area. From at least 2018, Kurtzer and his wife, Robin Kurtzer accepted monthly cash kickbacks and bribes in exchange for collecting DNA samples from Medicare patients and sending them for genetic tests to clinical laboratories in New Jersey and Pennsylvania. The cash kickbacks ranged up to $5,000, and the Kurtzers typically accepted the cash in one of Kurtzer’s offices, at times behind locked doors.
Even as the ongoing COVID-19 pandemic substantially reduced in-patient visits, the Kurtzers continued with their scheme. They went from receiving hand-delivered cash kickbacks and bribes to accepting payments by wire and through a mobile phone money-transfer application.
Kennedy participated in the conspiracy with another employee, Amber Harris, who has previously pleaded guilty for her role in the scheme. They both helped collect the DNA swabs in exchange for also receiving kickbacks and bribes, both in cash and later using the money-transfer application.
As a result of the scheme, Medicare paid $755,241 for genetic tests generated from Kurtzer’s practice.
The count of conspiracy to violate the federal anti-kickback statute is punishable by a maximum of five years in prison and a fine of $250,000, or twice the gross gain or loss derived from the offense, whichever is greater. Sentencing is scheduled for Feb. 23, 2021.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark; and U.S. Department of Health and Human Services, Office of Inspector General, Philadelphia Regional Office, under the direction of Special Agent in Charge Maureen Dixon, with the investigation leading to the charges. He also thanked the FBI Scranton Field Office, FBI Philadelphia Division, and the Pennsylvania Attorney General’s Office for their assistance.
The government is represented by Assistant U.S. Attorney Joshua L. Haber of the Health Care Fraud Unit in the Criminal Division, Newark.
The charges against and allegations in the information pertaining to the Kurtzers are merely accusations, and those defendants are presumed innocent unless and until proven guilty.
Maryland U.S. Attorney’s Office and the FBI Warn Marylanders about Election MisinformationRead the Press Release
Baltimore, Maryland - The U.S. Attorney’s Office for the District of Maryland and the FBI are committed to protecting the rights of all Marylanders to vote. U.S. Attorney Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office are issuing this warning to educate voters about the dangers of misinformation about the time, place and manner of voting in Maryland. The Maryland U.S. Attorney’s Office, in partnership with the Justice Department’s Public Integrity Section and the FBI, is launching a National Voter Disinformation Initiative to identify potential voter suppression schemes nationwide—including those using social media to disseminate disinformation regarding the time, place, or manner of voting—that may be federally prosecuted.
“The right to vote is one of the most important rights exercised by Americans,” said U.S. Attorney Robert K. Hur. “Plan now to determine when, where, and how you will vote. Don’t let misinformation keep you from exercising your right to vote!”
What you can do to avoid being misinformed:
Seek out election information from trustworthy sources, verify who produced the content, and consider their intent.
If appropriate, make use of in-platform tools offered by social media companies for reporting suspicious posts that appear to be spreading false or inconsistent information about voting and elections.
Report disinformation about the manner, time, or place of voting in Maryland to the Baltimore Field Office of the FBI at (410) 265-8080 or submit a tip on the FBI’s website at https://www.fbi.gov/tips.
Know when, where, and how you will vote.
Voting Information:
Election Day is November 3, 2020. In Maryland you can vote by mail, use a ballot drop box or vote in in person during early voting or on Election Day.
- Voting By Mail
If you chose to receive your mail-in ballot by U.S. Mail, simply follow the instructions with your ballot and return it in the postage-paid return envelope that accompanies your ballot. Your mail-in ballot must be mailed AND postmarked on or before November 3, 2020, to be counted. Please be advised that putting your ballot in a mailbox on November 3 does not mean it is postmarked that day, so plan ahead.
- Ballot Drop Boxes
You can also put your ballot in a drop off box location up until 8 p.m. on Election Day, November 3. A list of drop box locations can be found on the website of the Maryland State Board of Elections at https://elections.maryland.gov/.
- In-Person Early Voting
In-person voting will begin during the early voting period from Monday, October 26 to Monday, November 2, 2020. On early voting days, approximately 80 vote centers will be open statewide from 7 a.m. to 8 p.m. Voters can cast their vote at any vote center in their county of residence. Visit the Maryland State Board of Election’s website at https://elections.maryland.gov/ to see the list of early voting centers.
- Voting In-Person on Election Day
On Election Day, approximately 315 vote centers will be open statewide, including the early voting centers. Voters can cast their vote at any vote center in their county of residence, and residents in the City of Baltimore may cast their vote at any vote center in the city. Your neighborhood polling place probably will not be open on Election Day, but there should be a vote center near you.
Vote centers will be open from 7 a.m. to 8 p.m. on Election Day. Visit the Maryland State Board of Elections website at https://elections.maryland.gov/ to see the list of Election Day vote centers.
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Marshall County man admits to firearms violationRead the Press Release
WHEELING, WEST VIRGINIA – Justin Michael Fuller, of Moundsville, West Virginia, has admitted to a firearms charge, U.S. Attorney Bill Powell announced.
Fuller, age 33, pled guilty to one count of “Unlawful Possession of a Firearm.” Fuller, who is not permitted to have a firearm because of a prior conviction, admitted to having a 12-gauge shotgun and a 10mm pistol in Marshall County in May 2019.
Fuller faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Shawn M. Adkins is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the West Virginia State Police, the Marshall County Sheriff’s Office, and the Ohio County Sheriff’s Office investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Man sentenced to 21 months in prison for impersonating a Border Patrol agentRead the Press Release
ALBUQUERQUE, N.M. – James Christopher Benvie, 45, was sentenced to 21 months in prison in Las Cruces on Oct. 15 on two counts of false personification of a Border Patrol agent.
A federal jury previously returned a guilty verdict towards Benvie on March 3. According to public court records and evidence at trial, Benvie was a leader and spokesperson for a group of vigilantes who established a “camp” at the Southwest border in Doña Ana County, New Mexico. Many members of the group wore badges, camouflage and other military-style clothing, often covered their faces with masks, and carried pistols and assault rifles. Benvie misrepresented himself as a Border Patrol Agent when stopping immigrants he suspected of crossing into the United States illegally.
The evidence at trial showed Benvie and other group members stopped six women and children from El Salvador on April 15, 2019, without any legitimate law enforcement authority. Benvie misrepresented himself as a Border Patrol agent and interrogated the immigrants before turning them over to actual Border Patrol agents. On April 17, 2019, Benvie stopped four adults and three children shortly after they crossed the border. Benvie ordered these immigrants to “stop” while misrepresenting himself as “Border Patrol.” Benvie later directed these immigrants to move toward the truck of another member of the group for further interrogation before eventually turning them over to Border Patrol.
Upon his release from Prison, Benvie will be subject to one year of supervised release.
The FBI and U.S. Border Patrol investigated this case. Assistant U.S. Attorneys from the Las Cruces Branch Office are prosecuting the case.
Louisiana Man Sentenced for Health Care FraudRead the Press Release
Defendant fraudulently obtained health care benefits by illegally enrolling extended family members
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that Edward Stephen, 61, of Baton Rouge, Louisiana, was sentenced to 24 months of probation with the condition that the first six months be served on home confinement, and a fine of $10,000, for a federal health care fraud violation. He was also ordered to pay restitution of $108,411.59, a sum of money that Stephen has already paid over to the United States District Court Clerk to be immediately applied to the fraud loss.
“When federal workforce programs are defrauded, it comes at great cost to taxpayers,” said United States Attorney Mike Stuart. “I appreciate the work of the U.S. Department of Transportation OIG and Office of Personnel Management OIG investigators in this case. We will continue to work with our law enforcement partners to suss out fraud schemes, hold perpetrators accountable and seek restitution for victims.”
Stephen was a federal employee with the U.S. Department of Transportation Federal Highway Administration. As a federal employee, he was eligible for health insurance provided by the federal government. Stephen fraudulently enrolled extended family members into his federal health care plan, knowing they were not eligible for federal health care benefits. Specifically, Stephen enrolled his sister as though she was his wife and his niece as though she was his step-child so that they would obtain federal health care coverage they were not entitled to receive. This scheme lasted from 2005 to 2017 and included several years where Stephen resided in and worked in Charleston as a federal employee. When investigators learned of the fraud, Stephen gave a statement to investigators with the Department of Transportation Office of Inspector General. In his statement, Stephen admitting that he fraudulently placed his extended family members on his federal insurance knowing they were not entitled to receive benefits. In total, the Court found that the government was defrauded out of $108,411.59 in fraudulent premium payments and reimbursements.
“Federal employees who engage in fraud related to aspects of their employment erode public confidence in the high standard of integrity to which they are held,” said Jamie Mazzone, regional Special Agent-In-Charge, Department of Transportation Office of Inspector General. “Today’s sentencing illustrates our commitment to working with our law enforcement and prosecutorial partners to root out schemes that illegally take advantage of Federal workforce programs and benefits.”
“Healthcare fraud takes many forms, including knowingly enrolling ineligible individuals in the FEHBP,” said Norbert E. Vint, Deputy Inspector General Performing the Duties of the Inspector General, OPM OIG. “Through his fraudulent conduct, the defendant stole from the Federal Government and the American taxpayer. Today’s sentencing is an important step towards accountability and I applaud the hard work of the OPM OIG investigative staff and our Department of Justice partners on this case.”
Stuart praised the work of the U.S. Department of Transportation Office of Inspector General (DOT OIG) and the Office of Personnel Management Office of Inspector General (OPM OIG). The investigation was conducted by members of the United States Attorney’s Healthcare Fraud Abuse, Recovery and Response Team (ARREST), an approach linking civil and criminal enforcement efforts together in a comprehensive attack on the opioid epidemic and healthcare fraud. United States Attorney Mike Stuart announced the formation of ARREST in February 2019. All health care related cases in the Southern District of West Virginia, whether they are the subject of criminal or civil investigation or enforcement, are directed through ARREST. Included within the purview of the team are the Opioid Fraud and Abuse Detection Unit, Affirmative Civil Enforcement Unit, Appalachian Regional Prescription Opioid (ARPO) Strike Force, Medicare and Medicaid Fraud, and Asset Forfeiture efforts related to all healthcare matters.
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Erik S. Goes handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00077.
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Lincoln Man Convicted for Receipt and Distribution of Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Joshua D. Walsh, 29, of Lincoln, Nebraska, was sentenced today in Lincoln by Senior United States District Judge Richard G. Kopf for receipt and distribution of child pornography. Walsh was sentenced to 5 years in prison and 5 years of supervised release. There is no parole in the federal system. Walsh was additionally ordered to pay $3,000 in restitution which will contribute to funds established for victims of these types of crimes.
In June of 2017, the National Center for Missing and Exploited Children (NCMEC) generated five cybertips that originated from Chatstep, a social networking website that allows users to interact in online chatrooms. The cybertips related to images of child pornography being shared by an individual later identified to Walsh. Based upon the cybertips and subsequent investigation, the Nebraska State Patrol (NSP) served a federal search warrant at Walsh’s residence on July 26, 2018. Walsh admitted to possessing and viewing child pornography during an interview. Walsh also admitted that he used Chatstep around June of 2017 to engage in chats with other individuals and to share child pornography that he had uploaded. A subsequent analysis of Walsh’s cellphone and Dropbox accounts revealed approximately 264 image files and 4 video files of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska State Patrol.
Leesburg Man Arrested for $2.5M CARES Act Loan FraudRead the Press Release
ALEXANDRIA, Va. – A Leesburg man was arrested today on charges of fraudulently obtaining over $2.5 million in loans through the CARES Act Paycheck Protection Program (PPP), and then spending the fraudulently obtained money on luxury items.
According to court documents, Didier Kindambu, 48, fraudulently obtained two loans issued under the PPP, a program instituted by Congress in an effort to help businesses affected by the COVID-19 pandemic continue to pay salary or wages to their employees. Kindambu carried out the scheme in connection with two businesses that he owns by creating fraudulent payroll documentation for each business, and then submitting that documentation in support of the PPP loan applications. In total, Kindambu fraudulently obtained approximately $2,501,753 in loan proceeds, and then spent those funds, in part, on items unrelated to any legitimate PPP-related expense, such as a Lexus automobile and a Cessna aircraft.
Kindambu is scheduled to make his initial appearance in federal court in Alexandria today at 2 p.m.
Kindambu is charged with one count of bank fraud. If convicted, he faces a maximum penalty of 30 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Kelly R. Jackson, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI); Hannibal “Mike” Ware, Inspector General of the Small Business Administration (SBA); and Jay N. Lerner, Inspector General of the Federal Deposit Insurance Corporation (FDIC-OIG), made the announcement.
Assistant U.S. Attorney Matthew Burke 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-mj-286.
Lee County Probationer Sentenced to 180 Months in Prison for Distributing MethRead the Press Release
ALBANY, Ga. – A Lee County, Georgia woman caught by agents with nearly 200 grams of pure methamphetamine while on probation was sentenced to serve 15 years in federal prison for her crime, said Charlie Peeler, the U.S. Attorney for the Middle District of Georgia.
Amanda Smith, 38, of Leesburg, Georgia was sentenced to serve 180 months in prison by U.S. District Judge Louis Sands on Monday, October 19, after previously pleading guilty to one count possession with intent to distribute methamphetamine. Co-defendant Daniel Calhoun, 39, of Leesburg, pleaded guilty to one count possession of a firearm by an unlawful user of a controlled substance and was sentenced to three years of probation by U.S. District Judge Leslie Gardner March 11, 2020. There is no parole in the federal system.
“The consequence for repeat offenders pushing methamphetamine into our communities is federal prison without parole,” said U.S. Attorney Charlie Peeler. “I want to thank the combined efforts of federal and local law enforcement agents for shutting down a known meth dealer pushing poison into Lee County and surrounding communities.”
“As with all drug traffickers, this ‘repeat offender’ methamphetamine distributor was driven by greed and power,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. “As a result of this sentence, she will spend well-deserved time in prison.”
“We work closely with state and federal law enforcement agencies to investigate and arrest dangerous people and put them behind bars so they can no longer be a menace to our community. I appreciate that we work well with these agencies. Together, we can accomplish more to protect the hardworking citizens of Lee County,” said Lee County Sheriff Reggie Rachals.
According to her signed plea agreement, Smith was under surveillance by agents based on information from a confidential informant regarding her activities. Smith was previously convicted of a felony offense in the Superior Court of Lee County and was on probation. Agents conducted a traffic stop in Lee County near New York Road in October 2017 to execute a probation search. The vehicle was driven by Calhoun. Inside, agents found approximately 60 grams of methamphetamine. Agents later discovered 137 grams of methamphetamine with a purity of 100% at Smith’s home. Agents also found three shotguns, a rifle, $3,000 in cash, plastic bags and a digital scale inside Smith’s residence.
The case was investigated by the Lee County Sheriff’s Office and the Drug Enforcement Administration (DEA). The case was prosecuted by Assistant U.S. Attorney Leah McEwen. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Justice Department Sues Monopolist Google for Violating Antitrust LawsRead the Press Release
Note: Click for Attorney General Barr's statement and Deputy Attorney General Rosen's remarks.
Today, the Department of Justice — along with eleven state Attorneys General — filed a civil antitrust lawsuit in the U.S. District Court for the District of Columbia to stop Google from unlawfully maintaining monopolies through anticompetitive and exclusionary practices in the search and search advertising markets and to remedy the competitive harms. The participating state Attorneys General offices represent Arkansas, Florida, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, South Carolina, and Texas.
“Today, millions of Americans rely on the Internet and online platforms for their daily lives. Competition in this industry is vitally important, which is why today’s challenge against Google — the gatekeeper of the Internet — for violating antitrust laws is a monumental case both for the Department of Justice and for the American people,” said Attorney General William Barr. “Since my confirmation, I have prioritized the Department’s review of online market-leading platforms to ensure that our technology industries remain competitive. This lawsuit strikes at the heart of Google’s grip over the internet for millions of American consumers, advertisers, small businesses and entrepreneurs beholden to an unlawful monopolist.”
“As with its historic antitrust actions against AT&T in 1974 and Microsoft in 1998, the Department is again enforcing the Sherman Act to restore the role of competition and open the door to the next wave of innovation—this time in vital digital markets,” said Deputy Attorney General Jeffrey A. Rosen.
As one of the wealthiest companies on the planet with a market value of $1 trillion, Google is the monopoly gatekeeper to the internet for billions of users and countless advertisers worldwide. For years, Google has accounted for almost 90 percent of all search queries in the United States and has used anticompetitive tactics to maintain and extend its monopolies in search and search advertising.
As alleged in the Complaint, Google has entered into a series of exclusionary agreements that collectively lock up the primary avenues through which users access search engines, and thus the internet, by requiring that Google be set as the preset default general search engine on billions of mobile devices and computers worldwide and, in many cases, prohibiting preinstallation of a competitor. In particular, the Complaint alleges that Google has unlawfully maintained monopolies in search and search advertising by:
- Entering into exclusivity agreements that forbid preinstallation of any competing search service.
- Entering into tying and other arrangements that force preinstallation of its search applications in prime locations on mobile devices and make them undeletable, regardless of consumer preference.
- Entering into long-term agreements with Apple that require Google to be the default – and de facto exclusive – general search engine on Apple’s popular Safari browser and other Apple search tools.
- Generally using monopoly profits to buy preferential treatment for its search engine on devices, web browsers, and other search access points, creating a continuous and self-reinforcing cycle of monopolization.
These and other anticompetitive practices harm competition and consumers, reducing the ability of innovative new companies to develop, compete, and discipline Google’s behavior.
The antitrust laws protect our free market economy and forbid monopolists from engaging in anticompetitive practices. They also empower the Department of Justice to bring cases like this one to remedy violations and restore competition, as it has done for over a century in notable cases involving monopolists over other critical industries undergirding the American economy like Standard Oil and the AT&T telephone monopoly. Decades ago the Department’s case against Microsoft recognized that the antitrust laws forbid anticompetitive agreements by high-technology monopolists to require preinstalled default status, to shut off distribution channels to rivals, and to make software undeletable. The Complaint alleges that Google is using similar agreements itself to maintain and extend its own dominance.
The Complaint alleges that Google’s anticompetitive practices have had harmful effects on competition and consumers. Google has foreclosed any meaningful search competitor from gaining vital distribution and scale, eliminating competition for a majority of search queries in the United States. By restricting competition in search, Google’s conduct has harmed consumers by reducing the quality of search (including on dimensions such as privacy, data protection, and use of consumer data), lessening choice in search, and impeding innovation. By suppressing competition in advertising, Google has the power to charge advertisers more than it could in a competitive market and to reduce the quality of the services it provides them. Through filing the lawsuit, the Department seeks to stop Google’s anticompetitive conduct and restore competition for American consumers, advertisers, and all companies now reliant on the internet economy.
Google is a limited liability company organized and existing under the laws of the State of Delaware, and is headquartered in Mountain View, California. Google is owned by Alphabet Inc., a publicly traded company incorporated and existing under the laws of the State of Delaware and headquartered in Mountain View, California.
Justice Department Announces National Response Center and Offer to Bring Assistance to Minneapolis Police Department to Support Law Enforcement and Safe Communities Through Fair PolicingRead the Press Release
The Justice Department, in an announcement by Assistant Attorney General for the Civil Rights Division Eric S. Dreiband, Principal Deputy Assistant Attorney General of the Office of Justice Programs (OJP) Katharine T. Sullivan, and U.S. Attorney for the District of Minnesota Erica H. MacDonald, unveiled a new National Response Center Initiative and offered the assistance to the Minneapolis Police Department (MPD) to support law enforcement, and review, enhance and reform policies and practices to prevent the use of excessive force. The Bureau of Justice Assistance's (BJA) Law Enforcement Training and Technical Assistance Response Center will be a national resource for all state, local, and tribal law enforcement agencies.
“I have heard, loud and clear, from Minneapolis faith, community, and business leaders the call for safety and protection in our community,” said U.S. Attorney for the District of Minnesota Erica H. MacDonald. “Today we announce a new initiative between the Department of Justice and MPD, offering federal resources to assist MPD in their reform efforts to better serve the City of Minneapolis.”
“As Chief of Police I’m grateful for the opportunity to partner with our U.S. Attorney Erica MacDonald to launch the Department of Justice Reponse Center Program to improve law enforcement and community protection here in Minneapolis,” said Chief Medaria Arradondo, MPD. “In creating a new MPD, I want to utilize all available tools and resources to support the hardworking and professional men and women of the MPD. We have an obligation and duty to be guardians of our communities and enhance our level of service and this program seeks to do just that. I want to thank our U.S. Attorney for her leadership and assistance in this endeavor.”
“Our goal with this new policing initiative and offer of assistance to MPD to keep everyone safe and secure through Constitutional and otherwise lawful police practices,” said Assistant Attorney General Eric S. Dreiband for the Civil Rights Division. “We are excited about the opportunity to partner with Chief Medaria Arradondo and MPD to protect the people of Minneapolis and support law enforcement. We seek to ensure public safety and eliminate excessive force by the police. We also seek to enforce the rule of law to protect the people of Minneapolis and because doing so is necessary to all civilized societies.”
“The Department of Justice maintains a long-standing commitment to public safety, and inherent in that commitment is the desire for highly skilled, highly trained professionals capable of protecting their communities while promoting the principles of equity and fairness that form the foundation of law and order,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “This initiative will help law enforcement officers adapt to the wide range of challenges they face every day, from violent gangs, illegal guns, and lethal drugs to civil unrest, decisions about use of force, and the complex social problems like addiction and mental illness that they are so often called on to resolve.”
Following the announcement of the program, various representatives of the Civil Rights Division, OJP, and U.S. Attorney’s Office for the District of Minnesota will meet with a diverse group of faith, business and community leaders in roundtable events to hear from these stakeholders about important issues related to safe policing and safe communities.
Additional information about the Civil Rights Division of the Justice Department is available at www.justice.gov/crt. More information about the Office of Justice Programs and its components, please visit at www.ojp.gov.
Judge sentences St. Louis man for robbing people at St. Charles Fireworks stand at gunpointRead the Press Release
ST. LOUIS, MO – United States District Judge Ronnie L. White sentenced Duianete Moore to 264 months in prison. The 39-year-old St. Louis, Missouri resident pleaded guilty to federal felony charges of robbery affecting interstate commerce, possession of a firearm in furtherance of a crime of violence and being a felon in possession of a firearm.
Moore engaged in on-going criminal activity throughout the spring and summer of 2018, including the theft of firearms from vehicles on four separate occasions. On June 26, 2018, Moore and a woman rushed into the Crazy Cheap Fireworks tent in St. Charles County. Moore pointed a firearm at the employees and demanded all get on the ground and not look at him. Moore and the woman took the victims’ wallets and cell phones as well as fireworks sales proceeds from the cash register. At the time of Moore’s arrest, he possessed a backpack containing a loaded .45 caliber semi-automatic pistol with a drum magazine.
The Federal Bureau of Investigation and St. Louis Metropolitan Police Department investigated this case. Assistant U.S. Attorney Tom Mehan is handling the case.
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Judge sentences St. Louis man for being a felon in possession of a firearm and ammunitionRead the Press Release
ST. LOUIS, MO – United States District Judge Rodney W. Sippel sentenced Daniel McSkimming, today, to 110 months in prison. McSkimming, a 23-year-old resident of St. Louis, Missouri, pleaded guilty in July to being a felon in possession of a firearm and ammunition, as well as possession of a firearm in furtherance of drug distribution.
On August 13, 2019, officers from the St. Louis County Police Department responded to a call for shots fired inside an apartment complex in the 2600 block of Park Hill Circle. A sport utility vehicle (SUV) seen fleeing from the area was registered to McSkimming’s parents.
Officers spotted ballistic damage on an apartment and seized three 9mm casings and one bullet from the scene. Officers learned one of the people who lived in the apartment owed McSkimming money for heroin and McSkimming previously threatened the individual over Facebook regarding the money owed.
Later that evening, the St. Louis Metropolitan Police Department received calls for shots fired in the 3900 block of Weber Road. McSkimming was a passenger in the same SUV and fired multiple shots at a residence. Officer found ballistic damage and seized four 9mm casings and one bullet from the scene.
The National Integrated Ballistic Information Network (“NIBIN”), a national database that automates ballistic imaging evaluations and provides actionable investigative leads to law enforcement agencies provided a lead linking the cartridge casings from the two shootings. Additionally, defendant’s telephone was identified as being in the area of each shooting at the time of the incident.
On September 3, 2019, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives arrested McSkimming at a hotel and seized a .38 caliber Smith & Wesson revolver and four capsules containing a mixture of fentanyl and heroin.
The St. Louis Metropolitan Police Department, St. Louis County Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Special Assistant United States Attorney (SAUSA) Jen Szczucinski handled the case as part of the Safer Streets Initiative. The initiative was launched by Attorney General Schmitt and U.S. Attorney Jeff Jensen in January of 2019 as an unprecedented state and federal partnership to prosecute violent crime in St. Louis.
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Judge sentences St. Louis man for being a felon in possession of a firearmRead the Press Release
ST. LOUIS, MO – United States District Judge Henry E. Autrey sentenced Charles Kates, Jr., to 75 months in prison following Kates Jr.’s plea of guilty to being a felon in possession of a firearm.
On April 28, 2019, Kates, Jr. and two others went into a St. Louis residence intending to rob a man of drugs and money. The intended victim, who is also a co-defendant, was in his bedroom counting money from drug sales when he heard Kates, Jr. and the others outside. The intended victim left his residence and got into an altercation with Kates, Jr. and his associates.
Both sides fired shots. The intended robbery victim received 14 gunshot wounds and dragged himself through his yard to a car. Kates, Jr. was also shot in the ankle during the gunfight. Kates, Jr. dropped his firearm on the sidewalk as he and his associates left the scene. The firearm was found unloaded, Kates, Jr. having shot all the ammunition it contained.
Police searched the intended robbery victim’s house and found marijuana, crack, cocaine, methamphetamine, heroin, a fentanyl precursor and $5,682 in cash. Kates, Jr. was identified as being a part of robbery plot by his blood being found on the firearm he dropped on the sidewalk.On July 23, 2019, police recovered a carjacked vehicle parked outside Kates, Jr.’s residence, which contained a loaded semiautomatic AR-style pistol. In the overnight hours of July 21-22, 2019, security cameras captured Kates, Jr. firing that weapon in the air in his residential neighborhood. On August 13, 2019, police executed a search warrant and seized another AR-style pistol under a couch where Kates, Jr. was sleeping.
The St. Louis Metropolitan Police Department investigated the case. Assistant United States Attorney Jason Dunkel is handling the case.
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Judge sentences California woman for committing aggravated identify theftRead the Press Release
ST. LOUIS, MO – Today, United States District Judge Rodney W. Sippel sentenced Nykeythia Hudson, a 28-year-old resident of Concord, California, to 24 months in prison after she pleaded guilty to one count of aggravated identity theft.
Hudson and her associate, both residents of California, traveled to Missouri to use counterfeit credit cards to fraudulently purchase gift cards and merchandise. Police stopped their rental car in St. Charles County on January 28, 2017. When Hudson opened the glove compartment to provide the vehicle’s registration information, a plastic bag containing with 81 cards fell out.
To appear authentic, fourteen of the cards were embossed with an altered card verification value, “CVV,” numbers. The account numbers on the front of the cards had been issued by financial institutions other than those appearing on the cards, and to individuals other than the defendants.
January 28, 2017 surveillance footage from a St. Charles County Wal-Mart captured Hudson using a counterfeit Walmart Visa Debit card to purchase a Wal-Mart gift card. The debit card was embossed with the USAA account number issued to A.V. and the name of a different person. Neither A.V. nor USAA authorized the possession or use of her account number.
Of the remaining cards that fell from the glove compartment, 20 were fraudulently purchased Walmart Visa gift cards and 47 were fraudulently purchased TJ Maxx-Home Goods gift cards. In the vehicle, police also found receipts showing the purchase of additional gift cards from Wal-Mart and TJ Maxx using other the stolen USAA account numbers.
The Secret Service investigated the case. Assistant United States Attorney Tracy Berry is handling the case.
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Insurance Agent Is Sentenced to More Than Five Years in Prison for $400,000 Loan SchemeRead the Press Release
CHARLOTTE, N.C. – Glenda Taylor-Sanders, 52, of Matthews, N.C. was sentenced to 66 months in prison in federal court today by U.S. District Judge Robert J. Conrad Jr., for orchestrating a $400,000 fraudulent loan scheme involving insurance premiums, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Tommy D. Coke, Inspector in Charge of the Atlanta Division of the U.S. Postal Inspection Service, which oversees Charlotte, join U.S. Attorney Murray in making today’s announcement.
According to plea documents and today’s court hearing, Taylor-Sanders was a licensed Insurance Producer and Insurance Broker, and the owner of G. Taylor, Inc., an insurance agency in Charlotte that procured insurance policies for customers, including transportation companies. Court records show that in February 2018, Taylor-Sanders voluntarily surrendered all of her licenses issued to her by the North Carolina Department of Insurance (NCDOI) and acknowledged that she could no longer perform any activities for which a license from NCDOI is required.
According to court records, from February 2017 through May 2019, Taylor-Sanders defrauded an Illinois-based financial services company that provides companies with loans to pay for insurance premiums. Taylor-Sanders executed the scheme by submitting fraudulent applications and related forged documents to the financial services company, purporting to be on behalf of her transportation company clients, for the purpose of obtaining loans to cover their insurance premiums. According to court records, once the financial services company received the forged documents and approved the loans, the financial services company wired the loan proceeds to a bank account controlled by Taylor-Sanders. Court documents show that, over the course of the scheme, the financial services company wired to Taylor-Sanders more than $400,000 in fraudulently obtained loan proceeds, which the defendant used to pay for personal expenses and to further the fraud scheme.
According to court records, after some of the transportation companies began to receive communications from the financial services company about missed payment deadlines, Taylor-Sanders went to great lengths to conceal the fraud, and continued to make false representations, including instructing the financial services company to only contact her, and assuring the impacted transportation companies that the issue had been resolved.
According to court records, Taylor-Sanders used the fraudulently obtained funds to make mortgage payments on her personal residence, loan payments for a Maserati and a Mercedes Benz, to purchase Carolina Panthers tickets, and to pay for groceries and meals at restaurants.
In making today’s announcement, U.S. Attorney Murray commended the FBI and USPIS for handling the investigation and thanked NCDOI for their invaluable assistance.
Assistant U.S. Attorneys Caryn Finley and William Bozin, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.