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Thursday 10 September 2020
Asphalt Contractor to Pay $4.25 Million to Settle Claims That It Misled the Government as to the Materials Used to Pave RoadRead the Press Release
Dave O’Mara Contractor Inc. (DOCI), an Indiana-based asphalt contractor, has agreed to resolve allegations that it violated the False Claims Act by misrepresenting to the government the materials that it was using to pave federally-funded roads in the state of Indiana, the Department of Justice announced today. Under the settlement agreement, DOCI has agreed to pay over $4.25 million over a period of four years.
“Today’s settlement demonstrates our commitment to hold accountable companies that provide false information to obtain government contracts,” said Acting Assistant Attorney General Jeffrey Clark for the Department of Justice’s Civil Division. “Misrepresenting the materials that will be used to pave federally-funded roads not only defrauds the government but potentially endangers the lives of motorists.”
“The safety and security of the citizens of Indiana are paramount to this office,” stated Josh Minkler, U.S. Attorney for the Southern District of Indiana. “To risk the safety of the motoring public for the sake of saving money cannot be tolerated. This recovery sends the message that contractors must comply with various applicable state and federal regulations when billing the U.S. Government, or they will face the consequences of their choices.”
“It is important to ensure that taxpayers get what they pay for so that the quality of products used in highway transportation projects is not compromised,” stated Andrea M. Kropf, Regional Special Agent-In-Charge, U.S. Department of Transportation Office of Inspector General. “Today’s settlement sends a message that putting the safety of the travelling public at risk for personal gain is an unacceptable way of conducting business.”
The settlement resolved allegations that in applying for government contracts, DOCI falsely represented the materials it would use to pave roads that are funded in part by the Federal Highway Administration. Specifically, the government alleged that DOCI claimed that its hot mix asphalt mixture contained a sufficient amount of binder or glue to hold the mix together when, in fact, DOCI frequently failed to meet the minimal levels of binder required to pave the roads. DOCI thereby allegedly created the false impression that its mixture met the contract requirements and that the roads would last a reasonable period of time before they would develop cracks and become unsafe for driving.
The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice, the U.S. Attorney’s Office for the Southern District of Indiana, and the Chicago Office of the Office of Inspector General for the U.S. Department of Transportation. The U.S. Government also received significant assistance in this matter from Indiana’s Department of Transportation.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Antitrust Division Announces Updates to Civil Investigative Demand Forms and Deposition ProcessRead the Press Release
Assistant Attorney General Makan Delrahim of the Justice Department's Antitrust Division announced today that the Antitrust Division has implemented two uniform updates to its Civil Investigative Demand (CID) forms and deposition process:
First, all CIDs issued by the Antitrust Division — including CIDs for documentary material, written interrogatories, oral testimony, or any combination thereof — will now provide notice to all recipients that their documents, answers to interrogatories, and/or testimony may be used by the Department of Justice in other civil, criminal, administrative, or regulatory cases or proceedings. Specifically, CIDs issued by the division will now include the following notice:
The information you provide may be used by the Department of Justice in other civil, criminal, administrative, or regulatory cases or proceedings. Individuals may refuse, in accordance with the rights guaranteed to them by the Fifth Amendment to the Constitution of the United States, to produce documents and/or answer any question that may tend to incriminate them.
Second, division attorneys taking oral testimony pursuant to a CID will ask the deponent questions on the record at the outset of every deposition to confirm that the deponent understands the ways in which the information they provide can be used by the Department of Justice.
These updates are consistent with long-standing division policies and aim to further promote transparency in antitrust investigations.
Another Crew Member Pleads Guilty in Historic, 20-Ton Cocaine BustRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Aleksandar Kavaja, 27, of the Balkan country Montenegro, pleaded guilty before United States District Court Judge Harvey Bartle III to charges of conspiracy to possess with intent to distribute 5 kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States.
In 2019, Kavaja, a crew member who worked on board the shipping vessel MSC Gayane as the ship’s electrician, conspired with others to engage in bulk cocaine smuggling. On multiple occasions during the MSC Gayane’s voyage at sea, crew members, including Kavaja, helped load huge quantities of cocaine onto the ship from speedboats that approached under cover of darkness, traveling at high speeds. Crew members used the Gayane’s crane to hoist cargo nets full of packaged cocaine onto the vessel and then stashed the drugs in various shipping containers.
On June 17, 2019, federal, state, and local law enforcement agents boarded the MSC Gayane when it arrived at Packer Marine Terminal in the Port of Philadelphia and seized approximately 20 tons of cocaine on the ship -- with a street value of over $1 billion. This was one of the largest drug seizures in U.S. history.
“This momentous drug bust sent a clear message to criminals around the world that our city is not a safe harbor for their deadly drug trafficking,” said U.S. Attorney McSwain. “Prosecutors in my Office, in conjunction with our partner agencies, have been working non-stop for over a year to pursue justice in this case. And now another member of the conspiracy has been convicted and held accountable.”
“Protecting the Homeland against transnational crime is a top priority of Homeland Security Investigations,” said Brian A. Michael, Special Agent in Charge of Homeland Security Investigations Philadelphia. “Mr. Kavaja’s guilty plea is yet another example of HSI, our law enforcement partners, and the U.S. Attorney’s Office for the Eastern District of Pennsylvania working hand in hand to safeguard our community against transnational drug smuggling.”
“Mr. Kavaja’s guilty plea is the logical result from his participation in what remains a record cocaine seizure for CBP,” said Casey Durst, CBP’s Director of Field Operations in Baltimore. “Successful prosecutions reinforce the notion that suspects caught smuggling illegal drugs through our communities face severe, life-changing consequences.”
The defendant faces a maximum possible sentence of lifetime imprisonment.
The case is being investigated by United States Homeland Security Investigations and the United States Customs and Border Protection, together with a multi-agency team of federal, state, and local partners.
Albuquerque man facing charges under Operation Legend for firearms possession and assaulting a federal officerRead the Press Release
ALBUQUERQUE, N.M. – Guillermo Medel, 38, of Albuquerque made an appearance in federal court today on charges of being a felon in possession of a firearm and ammunition and assaulting and resisting a federal officer. Medel will remain in custody pending trial.
According to a federal criminal complaint, on Aug. 25, Medel allegedly assaulted a federal agent while attempting to avoid arrest. At the time of the arrest, Medel allegedly possessed a firearm. Medel previously was convicted of possession of a machine gun and being a felon in possession of a firearm and ammunition. As a previously convicted felon, Medel cannot legally possess a firearm or ammunition.
If convicted, Medel faces up to eight years in prison for assaulting and resisting a federal officer and up to 10 years for being a felon in possession of a firearm.
A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case in conjunction with the U.S. Marshals Service and the Albuquerque Police Department. Assistant U.S. Attorney Sarah J. Mease is prosecuting the case as part of Operation Legend, a Department of Justice initiative to assist cities with persistently high crime rates. Operation Legend is a sustained and coordinated law enforcement initiative in which the U.S. Attorney’s Office and federal law enforcement agencies work with state and local law enforcement to prosecute gun and dangerous crimes arising in the City of Albuquerque.
Aggravated Felon Arrested for Illegal Reentry After Previous DeportationRead the Press Release
Ocala, FL – U.S. Attorney Maria Chapa Lopez announces the arrest of Jose Merced Sanchez De La Torre (age 43) on a federal criminal complaint alleging illegal re-entry into the United States by an alien with a prior aggravated felony conviction. If convicted of the offense, Sanchez De La Torre faces up to 20 years in federal prison.
According to court documents, on August 31, 2020, the Federal Bureau of Investigation received a tip that a residence in Ocala contained illegal aliens and firearms. The FBI requested the assistance of U.S. Customs and Border Protection (CBP). CBP researched the address and determined that one of the residents, Sanchez De La Torre, was an illegal alien from Mexico who had previously been deported from the United States in 2015, following federal convictions for an aggravated felony—unlawful possession of a firearm—and seven counts of structuring financial transactions. On September 8, 2020, Border Patrol agents executed an arrest warrant at Sanchez De La Torre’s Ocala residence and took him into custody.
This case was investigated by the FBI, CBP, and the Marion County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Tyrie Boyer.
Attorney General William P. Barr and Acting Administrator Timothy J. Shea Announce Results of Operation Crystal ShieldRead the Press Release
WASHINGTON – Today, Attorney General William P. Barr and Drug Enforcement Administration Acting Administrator Timothy J. Shea announced the results of Operation Crystal Shield, a DEA–led effort targeting the command and control elements of Mexican cartels that operate major methamphetamine “transportation hubs” throughout the United States.
At a press conference in Phoenix, Arizona, Attorney General Barr and Acting Administrator Shea announced that in the first six months, Operation Crystal Shield generated more than 750 investigations, resulting in nearly 1,840 arrests, and the seizures of more than 28,560 pounds of methamphetamine, $43.3 million in drug proceeds, and 284 firearms.
“Methamphetamine is a brutal drug linked to violent crime and responsible for far too many fatal overdoses,” said Attorney General Barr. “The astounding results of Operation Crystal Shield clearly demonstrate the commitment by the DEA and our state and local partners to prevent this deadly drug from reaching the streets of our communities. Prosecuting individuals who traffic these poisons remains a top priority for President Trump and the entire Department of Justice.”
“In the months leading up to the launch of Operation Crystal Shield, communities across the United States experienced a surge of methamphetamine,” said Acting Administrator Shea. “The COVID pandemic locked down many communities and impacted legitimate businesses, but the drug trade continued. Under difficult conditions, DEA – along with our federal, state, and local partners – never stopped working as we helped stem the flow of methamphetamine onto our streets, even as violent drug traffickers sought new ways to smuggle it into the United States. The success of Operation Crystal Shield reflects the devotion of DEA and our partners to protect our communities from the scourge of drug trafficking and violent crime under any circumstances.”
U.S. Attorney Kurt Alme, for the District of Montana, expressed support for Operation Crystal Shield. "Much of Montana's meth comes through these hubs cities and is driving our violent crime. Stopping these large quantities in California and Arizona will make meth harder to get and more expensive in Montana. When meth traffickers do get through, law enforcement officers across our state are committed to arresting and prosecuting them to the full extent of the law," U.S. Attorney Alme said.
Recent Montana cases include:
- A Mesa, Arizona man was sentenced in July 2019 to 10 years in prison on meth trafficking charges after law enforcement seized 34 pounds of meth in a suitcase he brought to Billings.
- A Billings resident was sentenced in August to eight years in prison on trafficking charges afer law enforcement found six pounds of meth in her home and another residence. The defendant admitted that she and another person had just returned from Phoenix and Las Vegas where they had picked up the meth.
- A Florida man pleaded guilty on Sept. 9 to trafficking charges after a traffic stop west of Billings led to 78 pounds of meth being seized from his vehicle, which had been rented in Las Vegas, NV.
DEA launched Operation Crystal Shield on Feb. 20, 2020, after identifying nine major methamphetamine trafficking hubs: Atlanta, Dallas, El Paso, Houston, Los Angeles, New Orleans, Phoenix, San Diego, and St. Louis. Together these nine cities accounted for more than 75 percent of the methamphetamine seized by DEA in 2019. Under this operation, DEA directed enforcement resources to these cities where methamphetamine is often trafficked in bulk and then distributed across the country, and partnered with other federal, state, and local law enforcement to interdict these shipments and target the transportation networks behind them.
Operation Crystal Shield leveraged existing DEA initiatives that target major drug trafficking networks, including the Mexican cartels responsible for virtually all of methamphetamine trafficked into and within the United States. From FY 2017 to FY 2019, DEA domestic seizures of methamphetamine increased 127 percent from 49,507 pounds to 112,146 pounds. During the same timeframe, the number of DEA arrests related to methamphetamine increased by nearly 20 percent.
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18 charged in Youngstown-Warren area for distribution of narcotics, including fatal fentanyl overdoseRead the Press Release
U.S. Attorney Justin Herdman announced today that 18 individuals were charged for their roles in a drug trafficking conspiracy which involved the illegal distribution of cocaine, crack, heroin, fentanyl, fentanyl analogues and other drugs in the Youngstown-Warren area, including providing a substance that led to the fatal overdose of one person. Law enforcement operations arrested 14 individuals today, while four remain at large. The charges were made public in four indictments unsealed today in federal court.
“Because of today‘s operation, 14 drug traffickers in the Youngstown and Warren areas accused of dealing deadly narcotics and opioids are now off the streets,” said U.S. Attorney Justin Herdman. “These drug traffickers charged and arrested today are accused of brazenly selling all types of lethal drugs, including one instance that led to a fatal overdose, according to the indictment. I want to thank all of our dedicated law enforcement partners involved in this successful operation who work tirelessly to keep harmful narcotics and opioids out of our comminutes.”
“This group of individuals brought danger, illegal drugs, and violence to our communities,” said FBI Special Agent in Charge Eric B. Smith. “Law enforcement will continue to identify, disrupt and hold accountable drug trafficking organizations conducting their unlawful activities on our neighborhood streets.”
“Through this collaborative effort with our law enforcement partners, these drug traffickers have been taken off the streets,” said DEA Special Agent in Charge Keith Martin. “We remain committed to pursuing anyone pushing illegal narcotics and spreading violence in our communities.”
The following is a breakdown of the charges:
Charged in a 92-count indictment detailing a broad range of criminal activity including use of a communications facility in furtherance of a drug trafficking crime, felon in possession of firearm and ammunition, possession of a firearm in furtherance of a drug trafficking crime and various charges of trafficking heroin, fentanyl carfentanil, crack cocaine and more are:
- Vincent Richardson, 28, of Warren, Ohio.
- Del’reno Armstrong, 22, of Warren, Ohio.
- Marcus Williams, 27, of Warren, Ohio. Williams remains at large.
- Randall Morgan, 34, of Warren, Ohio.
- Sean King, 33, of Warren, Ohio.
- William Crenshaw, 35, of Warren, Ohio. Crenshaw remains at large.
- Kvonn Watson, 26, of Warren, Ohio. Watson remains at large.
- Matthew Cavin, 30, of Warren, Ohio.
- Stashon Williams, 35, of Niles, Ohio. Williams remains at large.
- Jalissa Morgan, age 38, of Warren, Ohio.
- Aubrey Adams, 38, of Warren, Ohio.
Charged in a 14-count indictment for conspiracy to distribute cocaine, use of a communications facility in furtherance of a drug trafficking crime and possession with intent to distribute cocaine are:
- Vincente R. Turner, age 43, of Youngstown, Ohio.
- Christopher J. Anderson, age 36, of Mineral Ridge, Ohio.
- Nicholas A. Anderson, age 33, of Mineral Ridge, Ohio,
- Kenneth P. Mazurkiewicz, age 53, of Youngstown, Ohio.
Charged in a nine-count indictment for conspiracy to distribute cocaine, possession with intent to distribute cocaine, distribution of cocaine, possession with intent to distribute crack cocaine, possession with intent to distribute Oxycodone and possession of a firearm in furtherance of a drug trafficking crime are:
- Williams L. Stubbs, age 41, of Youngstown, Ohio.
- EC Robinson, age 35, of Sharon, Pennsylvania.
Charged in a five-count indictment for distribution of fentanyl resulting in a death and distribution of heroin, fentanyl, and carfentanil are:
- Tyron T. Scott, age 23, of Youngstown
- Kenneth P. Mazurkiewicz, age 53, of Youngstown, Ohio.
According to court documents, from March 2019 to February 2020, defendant Vincent Richardson operated a drug trafficking organization in the Youngstown-Warren areas with other members listed in the indictment. The indictment states that Richardson supplied the narcotics and other members of the drug trafficking organization conspired together to facilitate their drug distribution in the areas. The drug trafficking organization allegedly distributed detectable amounts of fentanyl, fentanyl analogues, crack cocaine, heroin and other drugs in the area during this time. On one occasion, the indictment alleges that defendant Vincent Richardson possessed a firearm during a drug trafficking crime.
In addition, court documents state that on October 15, 2019, defendants Tyron T. Scott and Kenneth P. Mazurkiewicz, members of the drug trafficking organization, allegedly distributed a substance containing a detectable amount of fentanyl that led to a fatal overdose.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictments was conducted by the DEA, FBI, Mahoning Valley Law Enforcement Task Force, Mahoning Valley Violent Crimes Task Force, Trumbull Action Group, Trumbull County Sheriff’s Office, Warren Police Department and Youngstown Police Department. This case is being prosecuted by Assistant U.S. Attorney David Toepfer. The U.S. Attorney’s Office for the Northern District would like to acknowledge and thank the Pennsylvania Office of the Attorney General for their assistance with this matter.
14 Defendants Arrested Following Drug Trafficking Investigation and RoundupRead the Press Release
Fort Smith, Arkansas – David Clay Fowlkes, First Assistant United States Attorney for the Western District of Arkansas, Brad L. Byerley, Special Agent in Charge of the Drug Enforcement Administration and Diane L. Upchurch, Special Agent in Charge of the FBI, announced that 14 individuals were arrested today by federal, state, and local law enforcement as part of a roundup following an over year-long investigation into methamphetamine trafficking in Sebastian, Crawford, and Logan Counties in Arkansas.
“This investigation has dealt a serious setback to drug trafficking organizations that endanger not only our communities in the Western District of Arkansas but also other communities throughout the nation,” stated First Assistant U.S. Attorney David Clay Fowlkes, “The indictments and arrests in this case were only made possible due to the unprecedented cooperation between Federal, State and Local Agencies.
“Today, DEA, in collaboration with our Federal, State and Local law enforcement partners, took down a violent methamphetamine trafficking organization, with direct ties to Mexico and the Jalisco New Generation Cartel, and whose tentacles extended beyond Arkansas to many other states,” stated DEA Special Agent in Charge Brad L. Byerley. “These violent offenders not only sold large quantities of methamphetamine, but also used firearms and committed acts of violence in furtherance of their crimes. Because of persistent and collaborative efforts of multiple law enforcement agencies in the area, a major supplier of methamphetamine to this region of Arkansas is out of business.”
“The individuals arrested today enriched themselves off the misery and sufferings of others,” stated Special Agent in Charge Diane Upchurch of the FBI Little Rock Field Office. “Working alongside the DEA and our tremendous Arkansas law enforcement partners, we are committed to dismantling criminal organizations who flood our communities with dangerous narcotics and create violence in our neighborhoods. We urge anyone with information about Arkansas criminal organizations to contact our FBI office.”
In August 2020, a federal grand jury returned an Indictment charging several individuals in the Fort Smith, Arkansas area with a large-scale, multi-state drug trafficking and money laundering conspiracy. The indictment included fifteen counts, all of which involved the distribution of methamphetamine or laundering of money earned from the distribution of methamphetamine.
This Indictment is directly related to a previous Indictment issued in July 2020, in which four (4) additional defendants were charged in a similar methamphetamine distribution scheme. The four individuals were arrested on August 5, 2020, and are identified as Emmanuel Miranda, Israel Miranda-Zapata, Brenda Golden Day, and Alexis Tirado.
The defendants who were arrested today will be scheduled to appear in the United States District in Fort Smith before United States Magistrate Judge Mark Ford in the coming days.
This prosecution is part of the Western District of Arkansas’ Operation Bear Mountain Bingo, which is part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program. The OCDETF program is the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s illicit drug supply.
This OCDETF operation is a joint investigation between the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, and Firearms (ATF), the Fort Smith Police Department, the Crawford County Sheriff’s Office, the Logan County Sheriff’s Office, the Sebastian County Sheriff’s Office, the Greenwood Police Department, the Paris Police Department and the Arkansas State Police. Assistant United States Attorney Brandon Carter is prosecuting the case for the Western District of Arkansas.
An indictment is merely an accusation. An arrest warrant represents a finding of probable cause. A person is presumed innocent unless or until he or she is proven guilty beyond a reasonable doubt in a court of law.
The individuals arrested today are: Manuel “Chuy” De Jesus Perez-Echeverria, Humberto “Beto” Acosta-Martinez, Julio Ivan Enriquez-Munoz, Alberto Ledesma, Efrain Maciel-Martinez, Traye Everett Martin, Julie Ann Pyles, Ezequiel Rodriguez, Paula Lynne Rider, Ronal Salinas, Benjamin “Ben” Valdez, Amber Renee Vance, Emily Elizabeth Williams, and Michael Dean Wilson.
Wednesday 9 September 2020
York County Receives Federal Grant to Promote Law Enforcement Mental Health and WellnessRead the Press Release
PORTLAND, Maine: United States Attorney Halsey B. Frank today announced that the Department of Justice’s Office of Community Oriented Policing Services (COPS Office) has awarded the York County Sheriff’s Office with a grant of $111,603 for the office’s Peer Support Project.
The funding is part of $4.5 million in grants for the Law Enforcement Mental Health and Wellness Act Program across the nation. These program funds are used to improve the delivery of and access to mental health and wellness services for law enforcement through training and technical assistance, demonstration projects, implementation of promising practices related to peer mentoring mental health and wellness, and suicide prevention programs.
“I am very pleased to announce the federal funding for this very important initiative,” Frank said. “Every day, our law enforcement officers are under an enormous amount of stress on the job in their heroic efforts to keep our communities safe. We simply cannot ignore the fact that these officers are human, too, and we must ensure that their mental health needs are being met.”
Good mental and psychological health is just as essential as good physical health for law enforcement officers to be effective in keeping our communities safe from crime and violence. As part of the Law Enforcement Mental Health and Wellness Act of 2017, Congress authorized the COPS Office to establish peer mentoring mental health and wellness pilot programs within state, tribal, and local law enforcement agencies. The 41 awards announced today meet the goals of the 2017 Act and support the Department of Justice and the Administration’s commitment to law enforcement. The full list of awards is available here:
https://cops.usdoj.gov/pdf/2020AwardDocs/lemhwa/Award_List.pdf.
In addition to the grants announced today, the COPS Office recently published two reports regarding officer mental health and wellness. Those reports are available here:
Law Enforcement Mental Health and Wellness Act Report to Congress
Law Enforcement Mental Health and Wellness Programs: Eleven Case Studies
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 134,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance.
William M. Kelly, M.D., Inc. and Omega Imaging, Inc. Agree to Pay $5 Million to Resolve Alleged False Claims for Unsupervised and Unaccredited Radiology ServicesRead the Press Release
RIVERSIDE, California - William M. Kelly Inc. and Omega Imaging Inc., together, operate 11 radiology facilities in Southern California, have agreed to pay the United States $5 million to resolve allegations that they violated the False Claims Act (FCA) by knowingly submitting claims to Medicare and the military healthcare program, TRICARE, for unsupervised radiology services and services provided at unaccredited facilities, the Department of Justice announced today.
“Today’s settlement demonstrates the department’s unrelenting commitment to protect the public fisc and patient safety,” said Acting Assistant Attorney General Jeffrey Clark of the Department of Justice’s Civil Division. “The department will aggressively pursue unscrupulous healthcare providers who cut corners that could jeopardize the health and safety of Medicare and TRICARE beneficiaries.”
“Patients rightly expect that medical providers follow the proper procedures and protocol when administering complex treatments to ensure patient safety,” said Timothy B. DeFrancesca, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Working with our law enforcement partners we remain steadfast in our commitment to uphold the integrity of government health programs.”
The settlement resolves allegations that the defendants submitted claims for CT scans and MRIs involving contrast injections that were not properly supervised by a physician. Applicable program rules require a physician to be present in the office suite when a patient undergoes an examination that involves the administration of intravenous contrast material. The defendants allegedly performed and billed for these procedures when no supervising physician was present in the office suite. The settlement also resolves allegations that a certain number of the defendants’ facilities lacked accreditation.
Contemporaneous with the settlement, William M. Kelly, Inc. and Omega Imaging Inc. entered into a three-year Integrity Agreement (IA) with the Department of Health and Human Services Office of Inspector General requiring, among other things, the implementation of a risk assessment and internal review process designed to identify and address evolving compliance risks. The IA requires training, auditing, and monitoring designed to address the conduct alleged in the case.
The settlement, which was based on the defendants’ ability to pay, resolves allegations originally brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the FCA by Syd Ackerman, who was formerly employed by the defendants. The FCA permits private parties to sue on behalf of the government for false claims and to receive a share of any recovery. The FCA permits the United States to intervene in such a lawsuit, as it did in part here. Mr. Ackerman will receive approximately $925,000 of the settlement proceeds.
This settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch; the U.S. Attorney’s Office for the Central District of California; the Department of Health and Human Services, Office of Counsel to the Inspector General and Office of Investigations; the Defense Criminal Investigative Service; and the Defense Health Agency Office of General Counsel. The qui tam case is captioned United States ex rel. Syd Ackerman v. William M. Kelly, M.D., Inc. and Omega Imaging, Inc., No. EDCV 13-02195 JGB (DTBx) (C.D. Cal.).
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
William M. Kelly, M.D., Inc and Omega Imaging, Inc. Agree to Pay $5 Million to Resolve Alleged False Claims for Unsupervised and Unaccredited Radiology ServicesRead the Press Release
William M. Kelly Inc. and Omega Imaging Inc., together, operate 11 radiology facilities in Southern California, have agreed to pay the United States $5 million to resolve allegations that they violated the False Claims Act (FCA) by knowingly submitting claims to Medicare and the military healthcare program, TRICARE, for unsupervised radiology services and services provided at unaccredited facilities, the Department of Justice announced today.
“Today’s settlement demonstrates the department’s unrelenting commitment to protect the public fisc and patient safety,” said Acting Assistant Attorney General Jeffrey Clark of the Department of Justice’s Civil Division. “The department will aggressively pursue unscrupulous healthcare providers who cut corners that could jeopardize the health and safety of Medicare and TRICARE beneficiaries.”
“Patients rightly expect that medical providers follow the proper procedures and protocol when administering complex treatments to ensure patient safety,” said Timothy B. DeFrancesca, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Working with our law enforcement partners we remain steadfast in our commitment to uphold the integrity of government health programs.”
The settlement resolves allegations that the defendants submitted claims for CT scans and MRIs involving contrast injections that were not properly supervised by a physician. Applicable program rules require a physician to be present in the office suite when a patient undergoes an examination that involves the administration of intravenous contrast material. The defendants allegedly performed and billed for these procedures when no supervising physician was present in the office suite. The settlement also resolves allegations that a certain number of the defendants’ facilities lacked accreditation.
Contemporaneous with the settlement, William M. Kelly, Inc. and Omega Imaging Inc. entered into a three-year Integrity Agreement (IA) with the Department of Health and Human Services Office of Inspector General requiring, among other things, the implementation of a risk assessment and internal review process designed to identify and address evolving compliance risks. The IA requires training, auditing, and monitoring designed to address the conduct alleged in the case.
The settlement, which was based on the defendants’ ability to pay, resolves allegations originally brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the FCA by Syd Ackerman, who was formerly employed by the defendants. The FCA permits private parties to sue on behalf of the government for false claims and to receive a share of any recovery. The FCA permits the United States to intervene in such a lawsuit, as it did in part here. Mr. Ackerman will receive approximately $925,000 of the settlement proceeds.
This settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch; the U.S. Attorney’s Office for the Central District of California; the Department of Health and Human Services, Office of Counsel to the Inspector General and Office of Investigations; the Defense Criminal Investigative Service; and the Defense Health Agency Office of General Counsel. The qui tam case is captioned United States ex rel. Syd Ackerman v. William M. Kelly, M.D., Inc. and Omega Imaging, Inc., No. EDCV 13-02195 JGB (DTBx) (C.D. Cal.).
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
West Virginia Hospital Agrees to Pay $50 Million to Settle Allegations Concerning Improper Compensation to Referring PhysiciansRead the Press Release
WASHINGTON – Wheeling Hospital, Inc., an acute care hospital located in Wheeling, West Virginia, has agreed to pay the United States a total of $50,000,000 to resolve claims that it violated the False Claims Act by knowingly submitting claims to the Medicare program that resulted from violations of the Physician Self-Referral Law and the Anti-Kickback Statute, the Justice Department announced today.
The Physician Self-Referral Law, commonly known as the Stark Law, prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions. The Anti-Kickback Statute prohibits offering or paying remuneration to induce the referral of items or services covered by Medicare, Medicaid, and other federally funded programs. Both the Stark Law and the Anti-Kickback Statute are intended to ensure that medical decision-making is not compromised by improper financial incentives and is instead based on the best interests of the patient.
"Improper financial arrangements between hospitals and physicians can influence the type and amount of health care that is provided," said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. "The department is committed to taking action to eliminate improper inducements that can corrupt the integrity of physician decision-making."
In this case, the United States alleged that, from 2007 to 2020, under the direction and control of its prior management, R&V Associates, Ltd. and Ronald Violi, Wheeling Hospital systematically violated the Stark Law and Anti-Kickback Statute by knowingly and willfully paying improper compensation to referring physicians that was based on the volume or value of the physicians’ referrals or was above fair market value.
"Medicare and Medicaid beneficiaries trust that their healthcare providers will make decisions based on sound medical judgment," said Scott W. Brady, U.S. Attorney for the Western District of Pennsylvania. "Our office will take decisive action against any medical providers which betray that trust and make medical decisions based on their own financial interests. Our seniors deserve nothing less."
"Our office is committed to ensuring that health care providers in the Northern District of West Virginia abide by the law," said Bill Powell, United States Attorney for the Northern District of West Virginia. "We are pleased this settlement will enable Wheeling Hospital to resolve these prior False Claims Act violations and continue to provide a full range of healthcare services to patients in the area."
"Improper inducements made to physicians can interfere with medical decision-making and undermine the public’s trust in the health care system," said Special Agent in Charge Maureen R. Dixon of the Department of Health and Human Services Office of Inspector General. "Our agency will continue to investigate those who seek to improperly enrich themselves at the expense of public safety and federal health care programs."
The settlement announced today stems from a whistleblower complaint filed in 2017 by a former Executive Vice President of Wheeling Hospital, Louis Longo, pursuant to the qui tam provisions of the False Claims Act, which permit private persons to bring a lawsuit on behalf of the government and to share in the proceeds of the suit. The Act also permits the government to intervene and take over the lawsuit, as it did in this case as to some of Longo’s allegations. Longo will receive $10,000,000 of the settlement.
The United States’ intervention and settlement in this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
This matter was handled on behalf of the government by the Justice Department’s Civil Division, the U.S. Attorney’s Offices for the Western District of Pennsylvania and Northern District of West Virginia, the Department of Health and Human Services Office of the Inspector General, and the Federal Bureau of Investigation.
The case is captioned United States of America ex rel. Louis Longo v. Wheeling Hospital, Inc. et al., No. 19-cv-192 (N.D.W. Va.). The claims resolved by this settlement are allegations only and there has been no determination of liability.
West Virginia Hospital Agrees to Pay $50 Million to Settle Allegations Concerning Improper Compensation to Referring PhysiciansRead the Press Release
WASHINGTON – Wheeling Hospital, Inc., an acute care hospital located in Wheeling, West Virginia, has agreed to pay the United States a total of $50,000,000 to resolve claims that it violated the False Claims Act by knowingly submitting claims to the Medicare program that resulted from violations of the Physician Self-Referral Law and the Anti‑Kickback Statute, the Justice Department announced today.
The Physician Self‑Referral Law, commonly known as the Stark Law, prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions. The Anti‑Kickback Statute prohibits offering or paying remuneration to induce the referral of items or services covered by Medicare, Medicaid, and other federally funded programs. Both the Stark Law and the Anti-Kickback Statute are intended to ensure that medical decision-making is not compromised by improper financial incentives and is instead based on the best interests of the patient.
“Improper financial arrangements between hospitals and physicians can influence the type and amount of health care that is provided,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. “The department is committed to taking action to eliminate improper inducements that can corrupt the integrity of physician decision-making.”
In this case, the United States alleged that, from 2007 to 2020, under the direction and control of its prior management, R&V Associates, Ltd. and Ronald Violi, Wheeling Hospital systematically violated the Stark Law and Anti-Kickback Statute by knowingly and willfully paying improper compensation to referring physicians that was based on the volume or value of the physicians’ referrals or was above fair market value.
“Our office is committed to ensuring that health care providers in the Northern District of West Virginia abide by the law,” said Bill Powell, United States Attorney for the Northern District of West Virginia. “We are pleased this settlement will enable Wheeling Hospital to resolve these prior False Claims Act violations and continue to provide a full range of healthcare services to patients in the area.”
“Medicare and Medicaid beneficiaries trust that their healthcare providers will make decisions based on sound medical judgment,” said Scott W. Brady, U.S. Attorney for the Western District of Pennsylvania. “Our office will take decisive action against any medical providers which betray that trust and make medical decisions based on their own financial interests. Our seniors deserve nothing less.”
“Improper inducements made to physicians can interfere with medical decision-making and undermine the public’s trust in the health care system,” said Special Agent in Charge Maureen R. Dixon of the Department of Health and Human Services Office of Inspector General. “Our agency will continue to investigate those who seek to improperly enrich themselves at the expense of public safety and federal health care programs.”
The settlement announced today stems from a whistleblower complaint filed in 2017 by a former Executive Vice President of Wheeling Hospital, Louis Longo, pursuant to the qui tam provisions of the False Claims Act, which permit private persons to bring a lawsuit on behalf of the government and to share in the proceeds of the suit. The Act also permits the government to intervene and take over the lawsuit, as it did in this case as to some of Longo’s allegations. Longo will receive $10,000,000 of the settlement.
The United States’ intervention and settlement in this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800‑HHS‑TIPS (800-447-8477).
This matter was handled on behalf of the government by the Justice Department’s Civil Division, the U.S. Attorney’s Offices for the Northern District of West Virginia and Western District of Pennsylvania, the Department of Health and Human Services Office of the Inspector General, and the Federal Bureau of Investigation.
The case is captioned United States of America ex rel. Louis Longo v. Wheeling Hospital, Inc. et al., No. 19-cv-192 (N.D.W. Va.). The claims resolved by this settlement are allegations only and there has been no determination of liability.
West Virginia Hospital Agrees to Pay $50 Million to Settle Allegations Concerning Improper Compensation to Referring PhysiciansRead the Press Release
Wheeling Hospital Inc., an acute care hospital located in Wheeling, West Virginia, has agreed to pay the United States a total of $50,000,000 to resolve claims that it violated the False Claims Act by knowingly submitting claims to the Medicare program that resulted from violations of the Physician Self-Referral Law and the Anti‑Kickback Statute, the Justice Department announced today.
The Physician Self‑Referral Law, commonly known as the Stark Law, prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions. The Anti‑Kickback Statute prohibits offering or paying remuneration to induce the referral of items or services covered by Medicare, Medicaid, and other federally funded programs. Both the Stark Law and the Anti-Kickback Statute are intended to ensure that medical decision-making is not compromised by improper financial incentives and is instead based on the best interests of the patient.
“Improper financial arrangements between hospitals and physicians can influence the type and amount of health care that is provided,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. “The department is committed to taking action to eliminate improper inducements that can corrupt the integrity of physician decision-making.”
“Our office is committed to ensuring that health care providers in the Northern District of West Virginia abide by the law,” said Bill Powell, U.S. Attorney for the Northern District of West Virginia. “We are pleased this settlement will enable Wheeling Hospital to resolve these prior False Claims Act violations and continue to provide a full range of healthcare services to patients in the area.”
“Medicare and Medicaid beneficiaries trust that their healthcare providers will make decisions based on sound medical judgment,” said Scott W. Brady, U.S. Attorney for the Western District of Pennsylvania. “Our office will take decisive action against any medical providers which betray that trust and make medical decisions based on their own financial interests. Our seniors deserve nothing less.”
“Improper inducements made to physicians can interfere with medical decision-making and undermine the public’s trust in the health care system,” said Special Agent in Charge Maureen R. Dixon of the Department of Health and Human Services Office of Inspector General. “Our agency will continue to investigate those who seek to improperly enrich themselves at the expense of public safety and federal health care programs.”
In this case, the United States alleged that, from 2007 to 2020, under the direction and control of its prior management, R&V Associates Ltd. and Ronald Violi, Wheeling Hospital systematically violated the Stark Law and Anti-Kickback Statute by knowingly and willfully paying improper compensation to referring physicians that was based on the volume or value of the physicians’ referrals or was above fair market value.
The settlement announced today stems from a whistleblower complaint filed in 2017 by a former Executive Vice President of Wheeling Hospital, Louis Longo, pursuant to the qui tam provisions of the False Claims Act, which permit private persons to bring a lawsuit on behalf of the government and to share in the proceeds of the suit. The Act also permits the government to intervene and take over the lawsuit, as it did in this case as to some of Longo’s allegations. Longo will receive $10,000,000 of the settlement.
The United States’ intervention and settlement in this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800‑HHS‑TIPS (800-447-8477).
This matter was handled on behalf of the government by the Justice Department’s Civil Division, the U.S. Attorney’s Offices for the Northern District of West Virginia and Western District of Pennsylvania, the Department of Health and Human Services Office of the Inspector General, and the Federal Bureau of Investigation.
The case is captioned United States of America ex rel. Louis Longo v. Wheeling Hospital, Inc. et al., No. 19-cv-192 (N.D.W. Va.). The claims resolved by this settlement are allegations only and there has been no determination of liability.
Virginia Man Pleads Guilty to Using Stolen Identity in Attempt to Secure Loan from Worcester Credit UnionRead the Press Release
BOSTON – A Virginia man pleaded guilty today in federal court in Worcester to making a false statement on a loan application and aggravated identity theft. At the time of the offense, he was on supervised release for a previous conviction.
Rashad Al-Terek Walker, 39, of Hampton, Va., pleaded guilty to one count of making a false statement on a loan application and one count of aggravated identity theft. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Jan. 7, 2021. Walker was charged by criminal complaint in April 2020.
In November 2019, Walker attempted to obtain a loan using a stolen identity from a Worcester-area credit union. Walker provided employees of the credit union several fraudulent records, including a counterfeit license, employer pay record and utility bill. Employees of the credit union immediately reported the matter to law enforcement authorities, who responded to the credit union and arrested Walker.
Walker was previously convicted of bank fraud in U.S. District Court in the Eastern District of Virginia and was on supervised release for that offense when he committed the crimes in Worcester.
The charge of false information on a loan application provides for a sentence of up to 30 years in prison, three years of supervised release and a fine of $1 million. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutive to any other sentence imposed and one year of supervised release. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of Federal Bureau of Investigation, Boston Field Division; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office is prosecuting the case.
U.S. Attorney Michael Dunavant Announces Preliminary Results from First Month of Operation LeGend in MemphisRead the Press Release
Memphis, TN – United States Attorney D. Michael Dunavant announced today that a total of 302 arrests have been made by local and federal law enforcement officers so far as part of Operation LeGend.
Between August 6 and September 8, 2020, federal and local law enforcement agencies in the Operation LeGend Task Force have worked cooperatively to arrest 106 people on new state and federal charges. Ninety of those arrests were for state charges and 16 of the arrests were for federal violations.
In addition to the 106 arrests, several seizures were made during Operation LeGend activities. The seized items include:
• 85 firearms;
• 6.3 kilograms of methamphetamine and 4 kilograms of heroin; and
• $191,645 in U.S. currency.
The seizure of the firearms is significant since the available information demonstrates that firearms are used in a high percentage of murders and aggravated assaults committed in Memphis.
In the first month of Operation LeGend in Memphis, a total of 16 defendants have been charged with new federal crimes:
• 9 defendants have been charged with federal firearms violations;
• 4 defendants have been charged with violating federal drug laws; and
• 3 defendants have been charged with federal violent crimes such as bank robbery, carjacking, and the robbery of a business engaged in interstate commerce.
Illustrative federal cases include the following examples:
United States v. DeQuan Johnson - DeQuan Johnson, of Memphis, was charged on August 25, 2020, with unlawful possession of a firearm by a drug user. According to the charging document, in January 2020, the ATF assisted the USMS with the arrest of Johnson, who was wanted by police for reckless endangerment with a deadly weapon and aggravated assault stemming from a shooting incident that occurred on November 24, 2019.
It is alleged that on November 24, 2019, Memphis Police Department officers responded to a shooting in which victims reported that two men approached the back porch of their residence and began firing shots into the residence, which was filled with 12 people. One of the victims reported hearing approximately 15 gunshots coming from the back of the residence, and local police subsequently collected 15 spent cartridge casings from the scene. The investigation led to Johnson, who was positively identified by one of the victims.
On January 22, 2020, members of the USMS Fugitive Task Force made contact with Johnson at his residence in Memphis. During a protective search of Johnson’s home, law enforcement located a loaded Smith & Wesson, Model SD40 VE, .40 caliber pistol; an extended magazine containing 20 .40 caliber rounds of ammunition; and marijuana. Because Johnson had active warrants out for his arrest, he was taken into custody.
United States v. Robert Michael Durham- The defendant in this case committed a series of robberies on July 30, 2020, and is charged with robbing the City of Memphis Credit Union. In addition, Durham, as set out in the federal criminal complaint, confessed to robbing the credit union and attempting to rob a CVS Pharmacy, two nurses at a local hospital, and a second bank. Durham, who has a prior federal conviction for bank robbery, was apprehended on August 5, 2020, in Southaven, Mississippi, where he was also charged with driving a stolen vehicle and drug-related charges.
United States v. Jarvis Warren - Warren was wanted on outstanding warrants for carjacking, aggravated robbery and extortion. When officers tried to arrest him, he was driving a stolen BMW. Warren eventually crashed into a fire hydrant and was arrested. He was found to be in possession of a stolen handgun loaded with 30 rounds of ammunition, marijuana, and digital scales. Warren was charged with federal narcotics and firearms offenses.
Also, as part of the Operation LeGend effort nationally, an emphasis has been placed on arresting individuals who have outstanding arrest warrants for violent crimes. This effort has resulted in the arrest of 196 fugitives on pending warrants by the USMS since July 15, 2020, including 47 individuals wanted for homicide charges and 36 identified gang members apprehended in the Memphis area.
U.S. Attorney D. Michael Dunavant said, "Operation LeGend is leveraging our collaboration between federal, state, and local law enforcement, and is already making a difference in our collective fight against violent crime in Memphis. With these new arrests, federal charges, and seizures, we are interrupting the shooting cycle, holding dangerous offenders accountable, reducing violent crime rates, and ultimately saving lives. As violent gun crime and homicide spike up, we will meet that threat with urgency to attack the real violent crime drivers in our community: gangs, guns, and drugs."
Operation LeGend, which began in Memphis on August 6, 2020, is a sustained, systematic, and coordinated national law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime in 9 American cities with increased violent crime rates, including Memphis.
As part of Operation LeGend, Attorney General Barr has directed the ATF, FBI, DEA, HSI and U.S. Marshals Service (USMS) to significantly increase resources into Memphis to help state and local officials fight high levels of violent crime, particularly homicide, aggravated assault, and gun violence. Local agencies participating include the Memphis Police Department; the Shelby County Sheriff’s Office; the Multi-Agency Gang Unit (MGU), and the Shelby County District Attorney General’s Office. The ultimate goal of Operation LeGend is to reduce violent crime through focused and aggressive enforcement of state and federal laws, including federal firearms, narcotics, and violent crime statutes.
The details contained in the cases above are merely allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney Justin Herdman and Police Chief Kral announce results of Operation Red-ZoneRead the Press Release
U.S. Attorney Justin Herdman and Toledo Police Chief George Kral announced the results of Operation Red-Zone over the holiday weekend in the city of Toledo:
- 7 individuals were investigated for firearms violations
- 3 were referred for federal prosecution and
- 6 firearms were seized
In addition to these firearm investigations, the number of persons shot in the city of Toledo decreased by 83% compared to the same time as last year and no homicides were reported.
“Any firearm carried illegally is a firearm that could potentially cause serious harm or end a life,” said U.S. Attorney Justin Herdman. “Each illegal firearm and offender we get off the streets makes the community a safer place to live. I want to thank Chief Kral and the Toledo Police for their partnership in this endeavor and look forward to further cooperation and success. We need the help of everyone in law enforcement and the greater community to help end violent crime. ”
“As cities across the nation work towards stopping the escalation in gun violence, I am proud of the teamwork displayed this weekend amongst Toledo Police and Federal Agents,” said Toledo Police Chief George Kral. “The cases referred for federal prosecution will set an example to those who illegally carry firearms and disrupt the peace in our city that it will not be tolerated in Toledo. As TPD and Federal Agents continue to work together to arrest these dangerous criminals, it is my hope that as a community we work towards a feasible solution to eliminate gun violence.”
Operation Red-Zone was a combined federal, state and local partnership aimed at reducing gun violence over the Labor Day weekend. In addition, Operation Red-Zone seeks to pursue federal charges, where applicable, against individuals who are prohibited under federal law from possessing firearms, or who otherwise use firearms in a violent crime or drug trafficking offense.
U.S. Attorney Issues Scam Alert: Beware of Imposters Claiming to Be with the Justice Department, Preying on the ElderlyRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Andrew Murray issued an alert today, warning the public of potential scammers seeking to obtain personal information by claiming to be with the Justice Department.
In making today’s announcement, U.S. Attorney Murray warned, “Watch out for imposters claiming to be Justice Department representatives, attempting to obtain personal information that can be used to perpetrate fraud. It is particularly disturbing that scammers appear to be targeting older adults, though everyone can be potentially victimized. I caution the public to remain extra vigilant against these imposter schemes. If you are contacted, do not disclose any personal information and report the scam by calling the Department of Justice’s Elder Fraud Hotline at 1-833-Fraud-11, or 1-833-372-8311.”
Reports to the National Elder Fraud Hotline indicate these scammers falsely represent themselves as Department of Justice investigators or employees, and attempt to obtain personal information from the call recipient, or they leave a voicemail with a return phone number. The return phone number directs callers to a recorded menu that matches the recorded menu for the Justice Department’s main phone number. Eventually, the caller reaches an “operator” who steers the caller to someone claiming to be an investigator. That “investigator” then attempts to gain the caller’s personal information.
Those who receive imposter calls are cautioned against providing any personal information. If contacted, please file a report with:
- The Justice Department’s Elder Fraud Hotline at 1-833-Fraud-11 (1-833-372-8311).
- The Federal Trade Commission (FTC) via their website or by calling 877–FTC–HELP (877-382-4357).
- The FBI, for law enforcement action at https://www.justice.gov/criminal-fraud/report-fraud.
The National Elder Fraud hotline was created for the public to report fraud against individuals who are age 60 or older. The hotline is open seven days a week. For more information about the hotline, please visit https://stopelderfraud.ovc.ojp.gov/.
Two Defendants Charged with Civil Disorder for Attacking Police During September 5th Violent Protests in the City of RochesterRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that two defendants have been arrested and charged in separate complaints with civil disorder for their roles in violent weekend protests in the City of Rochester. Adam Green, 20, of Dansville, NY, and Dallas Williams-Smothers, 20, of Rochester, NY, each face five years in prison if convicted.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the criminal complaints, there were two nights of violent protests in Rochester following the public disclosure on September 2, 2020, of Daniel Prude’s death on March 30, 2020, one week after an encounter he had with RPD police officers. Those violent protests resulted in property damage and physical injury to several Rochester Police Department (RPD) police officers.
As alleged, during the evening of September 5, 2020, a group of approximately 1,500 protesters gathered at the intersection of Broad Street and Exchange Boulevard, located a block north of RPD headquarters. The protestors blocked all lanes of traffic on Broad Street and all lanes of traffic on Exchange Boulevard between Broad Street and Main Street. The group extended from the intersection of Broad Street and Exchange Boulevard to the intersection of State Street and Main Street. As a result, law enforcement officers shut down Exit 14 on Interstate 490 in Rochester for approximately eight hours and the State Street exit on the Inner Loop in the City of Rochester for approximately one hour. Protestors were repeatedly asked by an RPD sound truck to leave the area on the sidewalks or be subject to arrest for Disorderly Conduct for impeding traffic. Several members of the group disregarded those messages, remained in the streets, and continued to block the intersection. Defendant Green – who was wearing a black helmet and carrying a makeshift wooden shield – was part of the group that refused to disperse.
Thereafter, RPD declared an unlawful assembly because of the criminal activity, which included protestors hurling rocks, bottles, lit fireworks and other objects, shining flashlights, and pointing lasers at police officers. In an effort to clear the intersection, RPD officers approached the remaining members of the crowd who refused to leave. As one officer approached defendant Green, he swung the wooden shield that he was carrying, striking the officer in the forehead portion of his helmet. After being told he was under arrest, Green resisted and fought with the officer and another officer who was assisting. Green was eventually handcuffed and arrested. The officer suffered a cut and abrasion on the bridge of his nose from being struck in the head by the wooden shield.
At approximately 11:20 p.m. that night, an RPD officer observed Williams-Smothers ignite a mortar-style, commercial grade firework and throw it at a line of uniformed RPD officers as they attempted to address a crowd at the intersection of State Street and Main Street. The firework detonated in the immediate vicinity of the officers, causing a loud explosion and creating a risk of serious injury to the officers. Williams-Smothers then fled the area on foot. After a physical description of the defendant was communicated to RPD personnel, he was apprehended and arrested in the area of 4 Commercial Street. At the time of his arrest, officers searched several pouches that were attached to a belt Williams-Smothers was wearing. Inside one of the pouches, officers recovered two mortar-style, commercial grade fireworks, each of which was three inches long and one inch wide, shaped like a light bulb, and had a fuse protruding from the stem.
The complaints are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the New York State Police, under the direction of Acting Major Barry Chase; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the Brighton Police Department, under the direction of Chief David Catholdi; the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci; the Dansville Police Department, under the direction of Sergeant Shannon Griese; and the United States Marshal’s Service, under the direction of United States Marshal Charles Salina.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Two Convicted Felons Who Possessed Firearms Each Sentenced to 180 Months in Federal PrisonRead the Press Release
LITTLE ROCK-Two multi-convicted felons will spend the next 180 months in federal prison for illegally possessing a firearm. Cody Hiland, United States Attorney for the Eastern District of Arkansas, announced the sentences, which were handed down today in federal court. Demarcus King, 35, of North Little Rock, was sentenced by United States District Judge Kristine G. Baker, and Larry Anthony Smith, 49, of Little Rock, was sentenced by Chief United States District Judge D.P. Marshall, Jr.
Both King and Smith are considered armed career criminals, which means their criminal histories include at least three prior convictions for a violent felony, serious drug offense, or both. As armed career criminals, each defendant was subject to a 15-year mandatory minimum sentence, which is what each received. King admitted prior convictions for delivery of cocaine, residential burglary, possession of drug paraphernalia, and possession of cocaine and alprazolam (Xanax) with purpose to deliver. Smith admitted prior convictions for 2nd degree murder, theft by receiving, 2nd degree battery (twice), forgery, simultaneous possession of drugs and firearms, possession of firearms by certain persons, and possession of cocaine. Both defendants were sentenced to three years of supervised release to follow their 15-year prison sentences.
“These two cases are perfect examples of how we can use the federal system to target the most violent offenders,” stated U.S. Attorney Hiland. “These career criminals will spend 15 years in prison, where they will no longer create chaos and danger in our communities. Violent felons should take note that we can and will seek these lengthy sentences for those who make a career out of committing violent crime.”
King pleaded guilty to one count of being a felon in possession of a firearm on January 17, 2020. At that hearing, King admitted that on December 4, 2017, he reported to his state parole officer for a scheduled office visit. The parole officer decided to conduct a routine parole search, as King had a signed search waiver on file as part of his probation. On the way to the residence, King suddenly became unresponsive and was transported by ambulance to a hospital. Other officers proceeded to King’s residence, where his mother provided consent for them to enter and search. His mother identified King’s room and told officers that no one else used that bedroom. Inside King’s bedroom, officers found a nine-millimeter Glock pistol, which was loaded with 14 rounds of ammunition and one in the chamber.
Smith pleaded guilty to one count of being a felon in possession of a firearm on March 3, 2020. At that hearing, Smith admitted that on July 12, 2018, police were called due to a disturbance at a residence. When officers arrived, Smith came to the door holding a black .38 caliber revolver, which was loaded with four live rounds. Smith provided a false name and birthdate to police and was eventually taken into custody.
These cases are part of Project Safe Neighborhoods, a Department of Justice initiative designed to create and foster safer neighborhoods through a sustained reduction in violent crime, including addressing criminal gangs and the felonious possession and use of firearms. The program has been effective in reducing violent crime because of the ongoing coordination, cooperation, and partnerships of local, state, and federal law enforcement agencies.
For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
Spencer Woman to Federal Prison for Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine was sentenced September 3, 2020, to more than 6 years in federal prison. Shana Mull, 33, from Spencer, Iowa, received the prison term after a March 19, 2020, guilty plea to conspiracy to distribute methamphetamine.
Evidence at the plea and sentencing hearings showed that between June 2019 through August 2019, Mull and others conspired to distribute over 10 pounds of methamphetamine in the Iowa Great Lakes area. Mull was responsible for the distribution of smaller (sub ounce) quantities of methamphetamine. Mull further admitted her association with and assistance to a larger methamphetamine dealer in the acquisition of ten pounds of methamphetamine and one pound of cocaine. In late August 2019, on two separate occasions, Mull engaged in extremely reckless conduct in her attempts to elude law enforcement, causing substantial property damage while erratically operating a motor vehicle at excessive speeds. During the time period of the conspiracy Mull associated with others who possessed firearms. Mull was ultimately captured in Okoboji, Iowa, in a self-storage unit where she and her boyfriend were temporarily residing.
Mull was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Mull was sentenced to 82 months’ imprisonment. She must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system. Mull is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Okoboji Police Department, Milford Police Department, Dickinson County Sheriff’s Office, Spencer Police Department, and the Iowa Division of Criminalistics Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4075. Follow us on Twitter @USAO_NDIA.
South Carolina Man Sentenced to 240 Months for Armed Methamphetamine TraffickingRead the Press Release
LONDON, Ky. - A Blacksburg, South Carolina man, Joe Barlow Owens, 44, was sentenced to 240 months in federal prison on Wednesday, before U.S. District Judge Claria Horn Boom, for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking.
In his prior guilty plea, Owens admitted that he committed both offenses on February 25, 2019, in Knox County. According to his guilty plea agreement, law enforcement officials searched his vehicle and found over 700 grams of methamphetamine, cash, and a loaded firearm, which Owens admitted was to protect his drugs and drug proceeds. Owens also admitted that he knew he had a prior felony conviction, for possession with intent to distribute methamphetamine.
Owens pleaded guilty in March 2020.
Under federal law, Owens must serve 85 percent of his prison sentence. Upon his release, he will be under the supervision of the U.S. Probation Office for 10 years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Jeffrey Todd Scott, Special Agent in Charge, DEA, Louisville Field Division; and Sheriff Mike Smith, Knox County Sheriff’s Department, jointly made the announcement.
The investigation was directed by DEA and the Knox County Sheriff’s Department. The United States was represented by Assistant U.S. Attorney Andrew Trimble.
This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Duncan coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Sioux Falls Man Charged with Receipt, Distribution, and Transportation of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Receipt and Distribution of Child Pornography and Transportation of Child Pornography.
Joshua Lynn Lugert, age 37, was indicted on September 1, 2020. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 8, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about between December 1, 2018, and July 30, 2020, Lugert knowingly received and distributed, and attempted to receive and distribute child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.
The Indictment also alleges that on or about March 12, 2019, and March 6, 2020, Lugert knowingly transported child pornography using the internet. Lugert uploaded graphic image and video files depicting one or more minors engaged in sexually explicit conduct into a Google e-mail account.
The charges are merely accusation and Lugert is presumed innocent until and unless proven guilty.
The investigation is being conducted by Homeland Security, the Division of Criminal Investigation, Office of the Attorney General, the Sioux Falls Police Department, and the Minnehaha County Sheriff’s Office. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Lugerg was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sentences, multiple indictments highlight Project Guardian’s collaborative law enforcement strategyRead the Press Release
SAVANNAH, GA: Two men have been sentenced to prison and more than a dozen defendants charged in separate cases in the Southern District of Georgia relating to illegal possession of firearms.
While many of the charges target drug trafficking, all of the indictments include previously convicted felons who are prohibited from possessing firearms, several of them on felony probation for state charges at the time of their arrest, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. The sentences and indictments are under the umbrella of Project Guardian, the Department of Justice initiative targeting illegal firearms, and in coordination with the Bureau of Alcohol, Firearms, Tobacco and Explosives (ATF).
“We continue to make our community safer by identifying and removing offenders who illegally possess and use firearms,” said U.S. Attorney Christine. “Along with our law enforcement partners, we are committed to keeping guns out of the hands of criminals.”
Two men were sentenced to federal prison for crimes involving illegal firearms possession:
- Janard James Coney, 26, of Port Wentworth, was sentenced to the maximum 120 months in prison by U.S. District Court Judge R. Stan Baker after pleading guilty to Possession of a Firearm by a Convicted Felon. Coney, while on state probation for a domestic assault charge, was arrested in July 2019 after fleeing from a Port Wentworth home where he was reported as trespassing. He was later found hiding in the attic of his mother’s residence, and also faces multiple state charges.
- James Chapman, 31, of Savannah, was sentenced to 78 months in federal prison by U.S. District Court Judge William T. Moore Jr. after pleading guilty to Possession of a Stolen Firearm. Chapman, who has multiple prior convictions on state felony charges, was found in possession of a pistol after his arrest in August 2019 by Pooler Police.
Those named in federal indictments from the September term of the U.S. District Court grand jury include:
- Treyvious Jean Baptiste, 29, of Birmingham, Ala., charged with Possession With Intent to Distribute Fentanyl and Eutylone (Bath Salts); Possession With Intent to Distribute Cocaine, Crack Cocaine and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon. The charges are a result of a items found in Baptiste’s vehicle during a May 2, 2020 traffic stop in Laurens County by Laurens County Sheriff’s deputies, and a May 19, 2020 Georgia State Patrol investigation into Baptiste’s crash of his car in Laurens County. Baptiste faces a sentence of up to life in prison.
- Maurice Diggs, 41, of Augusta, charged with Possession with Intent to Distribute Methamphetamine, Heroin and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon. Diggs was implicated when Richmond County Sheriff’s deputies found drugs, cash, and drug distribution paraphernalia, along with four firearms, during a search of an apartment where Diggs was present. Diggs faces up to 40 years in prison.
- David Alexander Harris, 40, of Augusta, charged with Possession with Intention to Distribute Eutylone (Bath Salts) and Cocaine; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon. Harris, who faces up to 40 years in prison, came to the attention of Richmond County Sheriff’s deputies in March 2020 when he was discovered with a pistol in his lap while asleep behind the wheel of a vehicle at a traffic light.
- William Austin Hunter, 24, of Martinez, Ga., charged with Possession of an Unregistered Firearm and Possession of a Firearm by a Prohibited Person; and Patrick Allen Scott, 27, of Martinez, Ga., charged with Possession of a Firearm by a Convicted Felon. Columbia County Sheriff’s deputies went to Hunter’s residence in February 2020 while investigating a drive-by shooting at another location. As deputies were questioning Hunter, they noticed Scott climbing over a backyard fence while in possession of a bag containing a sawed-off shotgun, an SKS rifle, ammunition and magazines. A search of the residence discovered another sawed-off shotgun, a shortened rifle and a pistol. Each of the charges carry a penalty of up to 10 years in prison.
- Michael Jerry Nasworthy, 30, of Martinez, Ga., and Ivey Elizabeth Clements, 26, of Martinez, Ga., both charged with Conspiracy to Possess with Intent to Distribute Methamphetamine, and Possession with Intent to Distribute Methamphetamine. Nasworthy also is charged with Possession of Ammunition by a Convicted Felon. Nasworthy and Clements were both on probation for prior state felony convictions and subject to search when officers from the Georgia Department of Community Supervision visited their residence along with agents from the ATF. Both were taken into custody when the search discovered drugs and bullets. The charges carry a penalty of up to 20 years in prison.
- Letrail Jerome West, 42, of Augusta, charged with Possession of Cocaine with Intent to Distribute; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon. West was arrested by Richmond County Sheriff’s deputies in July 2019 after he fled from an attempted traffic stop. In a subsequent search of his hotel room, investigators found drugs and an SKS rifle with a high-capacity magazine. Because of prior felony convictions on state charges involving narcotics, West faces up to 30 years in prison.
- Carlos Terrell Keith, 29, of Augusta, charged with Possession of a Firearm by a Convicted Felon. Richmond County Sheriff’s deputies found Keith in possession of a pistol during an August 2019 traffic stop. He faces up to 10 years in prison.
- Devonta Armon Stallings, 27, of Augusta, charged with Possession of a Firearm by a Convicted Felon. Richmond County Sheriff’s deputies spotted Stallings when he ran from a group loitering in a known drug area and tossed a pistol before being captured. Stallings, who was on state probation at the time of his arrest, faces up to 10 years in prison.
- Travis Dennon Palmer, 29, of Savannah, charged with Possession of a Firearm by a Convicted Felon. Palmer was arrested in March 2019 when the Savannah Police Department and U.S. Marshals searched for him in a section of apartments while responding to a report of a man with a gun. Palmer was taken into custody after falling through an attic ceiling, and officers found three firearms. Palmer faces up to 10 years in prison.
- Delvon Brown, 34, of Savannah, charged with Possession of a Firearm by a Convicted Felon in September 2019 after Savannah Police officers found him in possession of a pistol during a traffic stop and brief foot chase. Brown, who was on probation on a state conviction for illegal firearms possession, faces up to 10 years in prison.
- Sundiadaa Miller, 32, of Savannah, charged with Possession of Firearm by a Convicted Felon. Miller was arrested in January 2020 by Savannah Police officers. The charge carries a penalty of up to 10 years in prison.
- Matthew Moore, 30, of Savannah, charged with Possession of a Firearm by a Convicted Felon. Moore was arrested in June 2019 after running from Savannah Police officers responding to a report of an armed man threatening people at a hotel. He was found in possession of a bag containing three pistols, and faces up to 10 years in prison.
- Darryl Kinloch, 29, of Savannah, charged in February 2020 when Savannah Police officers found two pistols in his car during a traffic stop. He faces up to 10 years in prison.
- Darnell Miller, 21, of Savannah, charged with Possession of a Firearm by a Convicted Felon. Miller was arrested in September 2019 when Savannah Police officers found him in possession of a pistol during a traffic stop. Miller faces up to 10 years in prison.
In another firearms-related case, Christian Eduardo Flores-Garcia, 31, of Honduras, is charged by Information with Possession of a Firearm by an Illegal Alien, and with Illegal Reentry After Deportation. Flores-Garcia was arrested after a traffic stop in January 2020 by Richmond County Sheriff’s deputies investigating a disturbance at a restaurant. Flores-Garcia has been deported from the United States on two prior occasions, and faces up to 10 years in prison.
Criminal indictments and Informations contain only charges; defendants are presumed innocent unless and until proven guilty.
“The value of these types of cases can be measured in human lives,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the ATF. “These cases involve illegally possessed firearms in the hands of criminals. They demonstrate the cooperation that exists between ATF and our state, local and federal law enforcement partners.”
The cases are investigated under Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws, and the Prosecutor to Prosecutor Program (P3), in which federal and state prosecutors collaborate to determine the most appropriate venue for prosecuting crimes.
In addition to the ATF, agencies involved in investigation of the cases include the Drug Enforcement Administration, Homeland Security Investigations, the FBI, the U.S. Marshals Service, the Georgia State Patrol, the Georgia Department of Community Supervision, the Savannah Police Department, the Richmond County Sheriff’s Office, the Columbia County Sheriff’s Office, the Laurens County Sheriff’s Office, and the Port Wentworth Police Department.
The cases are being investigated for the United States by Southern District U.S. Attorney’s Office Assistant U.S. Attorneys including Project Guardian Coordinator Henry W. Syms; Alejandro V. Pascual IV; Marcela C. Mateo; Joseph McCool; Joshua S. Bearden; Patricia G. Rhodes; Channell Singh; Steven Lee; Tara Lyons; Jennifer Stanley; and Special Assistant U.S. Attorneys Darron Hubbard, Edwin Caban and Noah Abrams.
Robeson County Men Sentenced for Heroin DistributionRead the Press Release
RALEIGH, N.C. – Two Robeson County men were sentenced today to federal prison for heroin and fentanyl distribution.
Justin Dwayne Jones, 23, was sentenced to 156 months and Joshua Allen Woods, 29, was sentenced to 63 months imprisonment. Both were engaged in a 2019 conspiracy to sell heroin, fentanyl, and other controlled substances in Robeson County. Investigators were able to link the heroin/fentanyl mixture sold during the course of the conspiracy to several overdose incidents that required emergency medical intervention. A third co-conspirator, Cody Alexander Locklear, was sentenced to 234 months in prison on August 3, 2020 for his role in the conspiracy and for the possession of firearms in furtherance of drug trafficking.
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 Robeson County Sheriff’s Office and Federal Bureau of Investigation investigated the case and Special Assistant U.S. Attorney Caroline Webb 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. 7:19-CR-101-D.
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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.
Response to 911 Call Lands Lawton Man in Federal Prison for Eight Years for Unlawful Possession of Explosives and FirearmsRead the Press Release
OKLAHOMA CITY – PHILIP JAMES HEATH, 52, of Lawton, has been sentenced to serve 96 months in federal prison for possession of illegal explosives and possession of multiple firearms after having been previously convicted of a felony, announced Timothy J. Downing, United States Attorney for the Western District of Oklahoma.
According to court records, on January 30, 2019, Lawton police officers responded to a 911 call and ultimately discovered multiple firearms inside Heath’s residence. Because of additional materials discovered at the scene, the Lawton Police Department was then assisted in the investigation by the Oklahoma Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the FBI Oklahoma City Division’s Joint Terrorism Task Force.
On February 4, 2019, Heath was charged by criminal complaint with being a convicted felon in possession of multiple firearms. On April 3, 2019, a federal grand jury returned a two-count Indictment that alleged illegal possession of firearms and two lengths of detonating cord, an illegal explosive under federal law. The Indictment also sought forfeiture of five firearms, 1,404 rounds of various kinds of ammunition, and the two lengths of detonating cord. On June 6, 2019, Heath pleaded guilty to both counts alleged in the Indictment.
Today, U.S. District Court Judge Scott L. Palk sentenced Heath to serve eight years in federal prison and three years of supervised release following his release from prison. The sentence consisted of 96 months on each count of conviction to run concurrently with each other. Judge Palk also ordered Heath to forfeit the items listed in the Indictment. In announcing Heath’s sentence, Judge Palk emphasized Heath’s criminal history, his conduct related to the possession of the illegal explosives, the need to protect the public from further crimes of Heath, and the need to adequately deter him from engaging in criminal conduct.
This case is a result of an investigation by the Lawton Police Department, the Oklahoma Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the FBI Oklahoma City Division’s Joint Terrorism Task Force. Prosecuted by Assistant U.S. Attorneys Brandon Hale and Travis D. Smith, the case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions. As part of this strategy, PSN focuses on the most violent offenders and partners with local prevention and re-entry programs for lasting reductions in crime.
Reference is made to court filings for further information. To download a photo of U.S. Attorney Downing, click here.
Reno Man Sentenced to Prison for Possessing Thousands of Images and Videos of Child Sexual AbuseRead the Press Release
RENO, Nev. – A Reno man was sentenced today to 5 years and 3 months in federal prison for possessing thousands of child sexual abuse images and videos, including prepubescent minors involved in sexually explicit conduct and sadistic and masochistic conduct, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.
Daren Wayne Phillips, 51, pleaded guilty on June 5, 2019, to one count of possession of child pornography. In addition, Chief U.S. District Judge Miranda Du sentenced Phillips to 20 years of supervised release following the term of imprisonment. Under the Sex Offender Registration Notification Act, Phillips will also be required to register as a sex offender.
According to court documents, in April 2018, an individual presented Phillips’ laptop computer to law enforcement and reported finding child pornography on the computer. Investigators found child pornography on Phillips’ computer. Phillips admitted that, starting in 2016 to April 2018, he possessed on his computer: (a) 4,753 images and 538 videos of child pornography; and (b) an additional 17,036 images and 449 videos containing child erotica or nudity. Some of the images depicted prepubescent minors engaging in sexually explicit conduct, including sadistic and masochistic conduct.
The case was investigated by the Northern Nevada Child Exploitation Task Force, the Washoe County Sheriff’s Office, and the Nevada Attorney General’s Office. Assistant U.S. Attorneys James Keller and Andolyn Johnson prosecuted the case.
To report child sexual abuse and exploitation, please contact the National Center for Missing & Exploited Children (NCMEC) at 1-800-THE-LOST (1-800-843-5678) or online at https://report.cybertip.org/.
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 U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, please visit www.justice.gov/psc.
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Registered sex offender admits to child pornography chargeRead the Press Release
CORPUS CHRISTI, Texas – A 34-year-old Orange Grove man has entered a guilty plea to receiving child pornography, announced U.S. Attorney Ryan K. Patrick.
Authorities had linked Cameron Michael Pittman to an IP address that was sharing child pornography.
The investigation began when the National Center for Missing and Exploited Children alerted authorities that images of child pornography were being uploaded through an IP address originating in Orange Grove. The investigation led Pittman as the one using the e-mail and IP address.
Law enforcement conducted a search, at which time they seized multiple electronic devices from Pittman’s residence. A forensic examination later revealed images and videos of child pornography. Today, Pittman admitted to receiving the images. The large majority of the images and videos located on Pittman’s devices depicted the sexual exploitation of children under the age of 10.
At the time of his arrest, Pittman was a registered sex offender and on probation for the 2nd degree felony offense of indecency with a child.
Sentencing has been set before U.S. District Judge Drew B. Tipton Dec. 11. At that time, Pittman faces a mandatory minimum of 15 years and up to 40 as well as a possible $250,000 maximum fine.
The Corpus Christi Police Department Internet Crimes Against Children Task Force; Jim Wells County Sheriff’s Office and Probation Department; Bureau of Alcohol, Tobacco, Firearms and Explosives and Immigration and Custom’s Enforcement’s Homeland Security Investigations conducted the investigation.
Assistant U.S. Attorney Sara Popejoy is prosecuting the case which 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 PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
Putnam County Library Employee Arrested and Charged with Production of Child Exploitation MaterialRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Kurt Batucan Sheldon (29, Interlachen) has been arrested and charged by federal criminal complaint with production and possession of child exploitation material. Sheldon faces a minimum mandatory penalty of 15 years, and up to 50 years, in federal prison. Sheldon has been detained pending a hearing scheduled for September 10, 2020.
According to the complaint, parents of a minor child made a report to the Clay County Sheriff’s Office about sexually explicit messages being sent by an adult to their daughter on Snapchat and Whisper. The adult referred to himself as “K t.” “K t” was his screen name on Snapchat, but his Snapchat username was “tacticfallout.” “K t” originally began communicating with the child on Whisper and represented himself as a male, between the ages of 25-29. The child told him that she was 15 years old. “K t” told the child that his name was “Kurt” and that he lived in Putnam. The child told “Kurt” she lived with her parents and was in school. Their conversation later moved to Snapchat and “K t” requested child exploitation material—images and videos—from the child and directed the child on how to take the images and how to pose. Approximately 50 images and/or videos were sent to “K t” at his direction.
Further investigation by the Clay County Sheriff’s Office and Homeland Security Investigations identified Sheldon’s residence as the source of the IP address used by the Snapchat account “tacticfallout,” and the Gmail account associated with this Snapchat account.
On September 4, 2020, HSI agents and deputies and detectives with the Putnam County Sheriff’s Office executed a search warrant at Sheldon’s residence. Sheldon admitted there was child sexual abuse material on the computer. He also admitted to asking girls he met on online applications, whom he knew to be underage, to send him nude photographs, including a 15 year-old female.
Any person who was, or knows of someone who may have been, a possible child victim is urged to contact HSI at 1-866-DHS-2ICE or online tip form - http://www.ice.gov/webform/hsi-tip-form.
This case was investigated by the Clay County Sheriff’s Office and Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Ashley Washington and Kelly Karase.
It is another 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.
A criminal complaint is merely an allegation and all criminal defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Prison Sentence for Neopit Man Convicted of Separate Sexual Assaults of a Child and Adult Woman on Menominee Indian ReservationRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that an individual received consecutive sentences totaling 180 months following convictions in separate cases for child sexual abuse and abusive sexual contact. The man, Peter Awonohopay (age: 37), formerly lived in Neopit, which is a community on the Menominee Indian Reservation.
The sentences, imposed on September 8, 2020, by Senior United States District Judge William C. Griesbach, were the result of guilty pleas entered by the defendant on February 12, 2020. Judge Griesbach sentenced the defendant as follows:
CHARGE
STATUTE
PRISON LENGTH
Abusive Sexual Contact
(Case No. 19-CR-208)
18 U.S.C. §§ 2243(a), 1153(a), 2247(a), and 2260A
24 months
Sexual Abuse of a Child
(Case No. 19-CR-220)
18 U.S.C. §§ 2244(b), 1153(a), and 2247(a)
156 months
Following the prison sentences, the defendant will serve the remainder of his life on supervised release.
According to court documents, on June 17, 2019, the defendant had nonconsensual sexual contact with an adult female at her residence in Keshena. The defendant admitted to investigators he entered the woman’s house without her knowledge and attempted to have sexual intercourse with her while she slept.
In the second case, discovered after the June 2019 incident, the defendant engaged in a sex act with a girl who was between 12 and 16 years of age. This abuse occurred in 2018 at the defendant’s residence in Neopit. The defendant admitted engaging in sex acts with the child in June 2018.
In sentencing the defendant, Judge Griesbach noted the crimes the defendant committed were “disgusting” and “horrendous.” Judge Griesbach recognized the courage of the victims for coming forward and reporting the crimes against them, which enabled the government to bring charges, and the court to impose a sentence designed to protect other children from the defendant. Judge Griesbach observed a strong need to protect the public from the defendant, who in 2006 received a 41-month sentence for sex offenses against a minor. Judge Griesbach also remarked upon the need to deter those would might consider similar actions.
The Menominee Tribal Police Department and Federal Bureau of Investigation investigated the case, which Assistant United States Attorney Andrew J. Maier prosecuted.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Portland Resident Charged with Civil Disorder After Punching Local Police OfficerRead the Press Release
PORTLAND, Ore.—Laurielle Yvette Aviles, 29, of Portland, has been charged by criminal complaint with civil disorder, a felony, after punching a Portland Police Bureau officer in the face during a declared riot on July 3, 2020.
According to court documents, on July 2, 2020, the Portland Police Bureau’s Rapid Response Team was conducting crowd control duties during a declared riot near the Multnomah County Justice Center and Mark O. Hatfield. U.S. Courthouse in downtown Portland. Individuals in the crowd threw mortars, fireworks, glass bottles, rocks, and other objects at officers; blocked roads, and impeded traffic flow.
In the early morning hours of July 3, 2020, a Portland police officer was executing an arrest of a rioter when Aviles is alleged to have forcibly intervened. Aviles attempted to pull the officer off of the arrestee and punched the officer in the face. The arresting officer tried to gain control of the arrestee and Aviles, but was unable to do so. A second officer observed the struggle and saw Aviles throwing punches. The second officer intervened and was able to place Aviles under arrest. Aviles was later released by state authorities.
On September 8, 2020, Aviles surrendered to the U.S. Marshals Service. Today, Aviles made a first appearance in federal court before a U.S. Magistrate Judge and was released pending further proceedings. If convicted, Aviles faces a maximum sentence of five years in federal prison.
This case was investigated by the FBI. It is being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Pasco County Couple Arrested for Submitting False Claims for FEMA Benefits Related to Hurricane IrmaRead the Press Release
Ocala, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Christina Lynn Catalano (38, Holiday) with disaster assistance fraud regarding Hurricane Irma. The indictment also charges Catalano and her husband, Joseph Samuel Catalano (54), with making false statements to federal agents to conceal such fraud. If convicted, Christina Catalano faces a maximum penalty of 30 years in federal prison, plus payment of restitution to the United States. Joseph Catalano faces a maximum penalty of 5 years in federal prison.
According to the indictment, between September 15 and November 20, 2017, Christina Catalano falsified records concerning the alleged destruction to a non-existent travel trailer, which she claimed as her primary residence in Citrus County. The records accompanied an application for assistance to the Federal Emergency Management Agency’s Individuals and Households Program for Hurricane Irma.
The indictment further alleges that on January 31, 2020, Christina and Joseph Catalano made false statements to federal agents from the Department of Homeland Security to conceal the fraudulent claims.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in September 2017. It was investigated by the Department of Homeland Security – Office of Inspector General with assistance from Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Michael P. Felicetta.
Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll-free at (866) 720-5721 or complete the online complaint form by visiting www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.
Parkersburg Man Sentenced to 46 Months in Federal Prison for Firearm OffenseRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced to federal prison for a federal firearms conviction, announced United States Attorney Mike Stuart. Kevin Lee Ramsey, 30, was sentenced to 46 months in prison for being a felon in possession of a firearm. Ramsey also will serve three years of supervised release.
“Not only was Ramsey a felon with a gun, he took it one step further and threatened law enforcement, which absolutely will not be tolerated,” said United States Attorney Mike Stuart. “You can rest assured that my office will advocate for stiff sentences for those who threaten the safety of our law enforcement officers or the public."
Ramsey previously admitted that he possessed a loaded Heckler & Koch 9mm compact semi-automatic pistol within a vehicle in which he was riding as a passenger on August 15, 2019. On that date, the vehicle was stopped by officers with the Parkersburg Police Department near the intersection of 7th Street and Swann Street in Parkersburg. Pursuant to that traffic stop, officers searched the vehicle and discovered the firearm in the glove box directly in front of where Ramsey was seated. At the time that Ramsey possessed this firearm, he knew that he had been previously convicted of the offense of delivery of heroin in Wood County Circuit Court in July of 2015, and was prohibited by law from possessing a firearm.
The United States sought a lengthy prison sentence in this case, not only as a result of the defendant’s act of possessing a firearm in violation of the law, but also due to his violent conduct against the law enforcement officers involved in his arrest. During his arrest, Ramsey made several threats against Parkersburg Police Department officers. He kicked them, spit on them and attempted to head butt them. Additionally, he said, “If I had known how this was going to go, I would have grabbed that [expletive] and flicked it at you. I won’t make that mistake again.” This is an apparent reference to the firearm that was seized from the defendant and the fact that he would have fired it at officers if he knew that he was ultimately going to be arrested.
The Parkersburg Police Department conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe handled the prosecution.
This case was prosecuted as a Project Guardian case, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office prosecuted this case with support from the Project Guardian partners noted above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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. 2:19-cr-00282.
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Owner and Two Managers of Health Care Practice Agree to Pay $900,000 to Resolve Allegations of Medically Unnecessary TestingRead the Press Release
CHARLOTTE, N.C. - U.S. Attorney Andrew Murray announced today that two former managers and the owner of the now defunct North-Carolina based Carolina Comprehensive Health Network, PA (CCHN) have agreed to resolve allegations that they violated the False Claims Act by causing CCHN to bill claims for medically unnecessary diagnostic tests and procedures to the Medicare and Medicaid programs.
Michael Smith, Codey Brown, and CCHN’s former owner, Dr. Harrison Frank, have collectively agreed to pay $900,000.00 to resolve the allegations.
“When health care professionals engage in deceptive schemes for the sake of their bottom line, their patients’ health is no longer their first priority,” said U.S. Attorney Murray. “Billing Medicare and Medicaid for unnecessary testing wastes taxpayer dollars and diverts funds intended for needed medical care. Working with our state partners, we will use all resources and tools at our disposal to pursue and hold accountable individuals who perpetrate fraud on federal health care programs.”
“When health care programs and providers cheat the Medicaid program, they’re cheating taxpayers,” said Attorney General Josh Stein. “My office will hold accountable any business and individual that commits fraud and wastes health care resources.”
Before it ceased operations, CCHN consisted of a group of healthcare practices, including multiple locations in the Western District of North Carolina, that provided family medicine, immediate care, and pain management services. The settlement resolves allegations that from May 1, 2015 through November 30, 2015, CCHN billed the Medicare and Medicaid programs for unnecessary diagnostic procedures including positional nystagmus testing, rotational axis testing, nerve conduction testing, and autonomous nervous system testing.
The allegations arose from a lawsuit filed by a whistleblower under the qui tam provisions of the federal False Claims Act, and the North Carolina False Claims Act. Under the False Claims Acts, private citizens can bring suit on behalf of the government for false claims and share in any recovery. The act also allows the government to intervene and take over the action. The government conducted the investigation and intervened in this action to effectuate the settlement.
The settlement is a result of the coordinated effort between the Department of Health and Human Services Office of the Inspector General, the North Carolina Attorney General’s Medicaid Investigations Division, and the United States Attorney’s Office for the Western District of North Carolina.
The lawsuit resolved by this settlement is United States and the State of North Carolina ex rel. David A. Majure, M.D., Carla C. Majure v. Carolina Comprehensive Health Network, PA, et al. (5:15-CV-134). The claims resolved in this settlement are allegations only and there has been no determination of liability.
OPERATION LEGEND: Case of the DayRead the Press Release
Illinois Man Charged with Discharging a Firearm While Carjacking a Vehicle from Two Victims
Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend. Today’s case is out of the Northern District of Illinois. Operation Legend launched in Chicago on July 22, 2020, in response to the city facing increased homicide and non-fatal shooting rates.United States vs. Michael C. Pearson
“Carjacking is a senseless act of violence that has no place in our society,” said U.S. Attorney John R. Lausch, Jr. for the Northern District of Illinois. “Our office is committed to working closely with our federal, state, and local law enforcement partners to pursue and prosecute violent offenders.”
Michael C. Pearson was charged on August 20, 2020, with carjacking and using a firearm during a crime of violence.
According to the indictment, on July 28, 2020, Pearson discharged a firearm, specifically a .22 caliber Glock semiautomatic pistol, while carjacking a 2006 Buick Lucerne from two victims on the North Side of Chicago. The firearm charge carries a maximum sentence of life in federal prison, while the carjacking charge is punishably by up to 15 years.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Background on Operation Legend
President Trump promised to assist America’s cities that have been plagued by violence. In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence. Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020, to Cleveland, Detroit, and Milwaukee on July 29, 2020, to St. Louis and Memphis on Aug. 6, 2020, and to Indianapolis on Aug. 14, 2020. As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime. The Department of Homeland Security is also contributing agents to these efforts in Chicago. Since its inception, Operation Legend has yielded more than 2000 local, state, and federal arrests, with approximately 592 defendants charged with federal crimes.
New Haven Man Pleads Guilty to Federal Gun ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that CHAZE YOPP, 27, of New Haven, pleaded guilty today to possession of a firearm by a convicted felon.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding before U.S. District Judge Victor A. Bolden occurred via videoconference.
According to court documents and statements made in court, shortly after midnight on January 11, 2020, Yopp was a passenger in an SUV that sped away from New Haven Police officers who attempted to stop the SUV for multiple motor vehicle infractions. The SUV ultimately crashed into a light box at the corner of Dixwell Avenue and Bassett Street. Yopp fled from the crash on foot and discarded a loaded Taurus 9mm pistol as he ran through backyards along Dixwell Avenue.
Yopp was arrested on state charges on January 28, 2020, and on federal criminal complaint of February 26, 2020.
Yopp’s criminal history includes state felony convictions for drug and firearm offenses. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
The charge of possession of a firearm by a convicted felon carries a maximum term of imprisonment of 10 years.
Yopp is released on a $25,000 bond pending sentencing, which is not scheduled.
This matter is being investigated by the FBI’s New Haven Safe Streets Gang Task Force and the New Haven Police Department. The task force includes members from the Connecticut State Police, Connecticut Department of Correction and the New Haven, Milford, East Haven and Hamden Police Departments. The case is being prosecuted by Assistant U.S. Attorney Conor M. Reardon.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
New Haven Man Charged with Illegally Possessing Firearm and AmmunitionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in Hartford returned an indictment yesterday charging DEMETRIUS DREW, 25, of New Haven, with one count of possession of a firearm by a convicted felon, and one count of possession of ammunition by a convicted felon.
This prosecution is part of a coordinated federal, state and local law enforcement effort to address rising gun violence in New Haven. Participating in this effort are the New Haven Police Department; the FBI’s New Haven Safe Streets/Gang Task Force; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; the New Haven State’s Attorney’s Office, and the U.S. Attorney’s Office.
As alleged in court documents, on August 18, 2020, a court-authorized search of Drew’s New Haven residence revealed a loaded Glock model 26, 9mm pistol and a box containing 50 rounds of .38 Special ammunition. Prior to that date, Drew was convicted in state court of felony narcotics and larceny offenses.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
Drew has been detained in state custody since his arrest by New Haven Police on August 18, 2020.
If convicted, Drew faces a maximum term of imprisonment of 10 years on each count.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the New Haven Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case is being prosecuted by Assistant U.S. Attorneys Tara E. Levens and Anthony E. Kaplan.
U.S. Attorney Durham noted that this prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN) program and Project Longevity. PSN is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. Project Longevity is a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to commit violence and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it.
Mitchell Man Sentenced with Being Felon in Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Mitchell, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on August 31, 2020, by U.S. District Judge Karen E. Schreier.
David Edward Petersdorf, age 51, was sentenced to 3 years of probation and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Petersdorf was indicted by a federal grand jury on August 6, 2019. He pled guilty on June 8, 2020.
The conviction stemmed from an incident on May 7, 2019, when Petersdorf allowed law enforcement officers to search his residence. Petersdorf advised the officers that they would find a Springfield Armory, Model XD-9 Sub-Compact, 9mm handgun, which had been shipped and transported in interstate commerce. Petersdorf had a prior conviction of a crime punishable by imprisonment for a term exceeding one year, and he knew he could not possess any firearms.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Milford Man Arrested for Possession of Child PornographyRead the Press Release
BOSTON – An employee of the Milford Public Schools was arrested today and charged with possession of child pornography.
Vincent Kiejzo, 33, was charged by criminal complaint with one count of possession of child pornography. Following an initial appearance in federal court in Worcester, Kijzo was detained pending a detention hearing scheduled for Friday, Sept. 11, 2020.
According to the charging documents, and based on preliminary onsite forensic review, Kiejzo possessed approximately 6,000 images of apparent child pornography stored within a thumb drive, including images that involved a prepubescent minor or a minor who had not attained 12 years of age.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The charging statute provides for a sentence of up to 20 years in prison, five years and up to life of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. The Milford Police Department assisted with the investigation. Assistant U.S. Attorney Kristen Noto of Lelling’s Worcester Office is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Michigan City, Indiana Man Sentenced to 15 Years in PrisonRead the Press Release
SOUTH BEND – Daniel Boush, 29, of Michigan City, Indiana, was sentenced by United States District Court Judge Jon E. DeGuilio upon his plea of guilty for being a felon in possession of firearms, announced U.S. Attorney Kirsch.
Boush was sentenced to 15 years in prison followed by 2 years of supervised release.
United States Attorney Thomas L. Kirsch II said, “This fifteen year sentence sends a strong message that my Office will pursue and prosecute armed career criminals to the fullest extent of the law. My Office has no tolerance for convicted felons possessing firearms, particularly when these individuals also have a history of domestic violence.”
According to documents in this case, in August of 2019, Boush was arrested for the possession of two .380 caliber firearms. This was following a domestic incident where he physically attacked a female and then chased after her in a car. Boush qualifies as an Armed Career Criminal based on his prior convictions, including strangulation of a different female as well as dealing controlled substances.
“ATF, in partnership with local and state law enforcement, will continue to pursue dangerous criminals to ensure they do not illegally possess firearms,” said Special Agent in Charge Kristen de Tineo of the Bureau of Alcohol, Tobacco, Firearms and Explosives for the Chicago Field Division. “Coordination of these investigations, in combination with the prosecutorial strategies at the U.S. Attorney’s office, will deter felons and make communities safer.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Michigan City Police Department, the LaPorte County Sheriff’s Department, and the LaPorte County Drug Task Force. The case was handled by Assistant U.S. Attorney Molly E. Donnelly.
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Mexican man indicted for smuggling nearly three tons of marijuanaRead the Press Release
LAREDO, Texas – A federal grand jury has returned an indictment against a 36-year-old Mexican citizen on four counts related to the smuggling of 1000 kilograms or more of marijuana, announced U.S. Attorney Ryan K. Patrick.
Jose Campos-Rebulloso will appear before a U.S. magistrate judge in Laredo in the near future.
According to the criminal complaint originally filed in the case, on July 29, law enforcement located a tractor-trailer at a warehouse in Laredo. They conducted a search and soon discovered 232 bundles of marijuana that had been wrapped in plastic with a combined weight of approximately 2,502 kilograms, according to the charges.
Campos-Rebulloso had allegedly drove the tractor-trailer along with the marijuana into the United States from Mexico.
If convicted, he faces a minimum of 10 years and up to life in federal prison.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Brandon Scott Bowling is prosecuting the case.
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.
Mexican Drug Traffickers Charged with Drug Trafficking Crime Based on Seizure of More Than Three Tons of CocaineRead the Press Release
Audrey Strauss, Acting U.S. Attorney for the Southern District of New York, Raymond P. Donovan, Special Agent in Charge of the New York Division of the U.S. Drug Enforcement Administration (“DEA”), Keith M. Corlett, Superintendent of the New York State Police (“NYSP”), Peter C. Fitzhugh, Special Agent in Charge of the New York Office of Homeland Security Investigations (“HSI”), and Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), announced that RAYMUNDO MONTOYA-LÓPEZ, ABRAHAM ALFONSO GARCÍA-MONTOYA, and FELIZARDO DÍAZ-HERNANDEZ were charged in a criminal complaint in Manhattan federal court with conspiring to import almost three tons of cocaine into the United States. The charge arises from a September 1, 2020, seizure by Mexico’s Secretaría de Marina (the “Mexican Navy”) of approximately 2,960 kilograms of cocaine off the coast of the Mexican state of Quintana Roo.
Acting Manhattan U.S. Attorney Audrey Strauss said: “As alleged, these defendants are responsible for the attempted importation of more than three tons of cocaine into the United States. Thanks to the work of the DEA and the Mexican Navy, the shipment was interdicted and the defendants are in custody and facing federal prosecution.”
DEA Special Agent in Charge Raymond P. Donovan said: “Law enforcement thwarted cartel plans to saturate the American drug market with cocaine by intercepting over three tons of cocaine heading towards American towns. This international enforcement operation has saved lives and reemphasized law enforcement’s commitment to keeping America safe from drug trafficking, drug abuse, and violent crime.”
HSI New York Special Agent in Charge Peter C. Fitzhugh said: “Cartels continue to operate with no regard for laws or human life, trafficking tons of deadly narcotics across the border and using bribery and intimidation to further their reach with government officials. With HSI’s continued partnership with DEA’s Strike Force, three more alleged drug trafficking defendants will now face justice and three tons of cocaine will not reach our communities.”
State Police Superintendent Keith M. Corlett said: “The combined efforts of federal, state and local law enforcement, along with authorities in Mexico, have put this operation out of business and disrupted the transport of thousands of kilos of cocaine to our streets. This case continues our commitment and partnership to identify, arrest and prosecute anyone who tries to sell these dangerous drugs in our communities.”
Police Commissioner Dermot Shea said: “This case is another illustration of our joint, ongoing responsibilities in eradicating international drug trafficking. Our NYPD officers, working with our law enforcement partners and federal prosecutors, follow the facts anywhere in the world to achieve justice, in this case interdicting nearly three tons of cocaine off the coast of Mexico.”
As alleged in the Complaint unsealed in federal court[1]:
On or about September 1, 2020, aircraft from the Mexican Navy located and began tracking a boat traveling northwest through the Caribbean Sea toward the Mexican city of Chetumal and the village of Mahahual. Shortly thereafter, the Mexican Navy intercepted the boat approximately 85 nautical miles off the coast of Quintana Roo, and boarded and searched it. During the search, the Mexican Navy found and arrested MONTOYA-LÓPEZ, GARCÍA-MONTOYA, and DÍAZ‑HERNANDEZ. The Mexican Navy also found and seized approximately 2,960 kilograms of cocaine.
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MONTOYA-LÓPEZ, 45, GARCÍA-MONTOYA, 31, and DÍAZ‑HERNANDEZ, 39, all of Sinaloa, Mexico, are charged with conspiring to import cocaine into the United States, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison.
Ms. Strauss praised the outstanding investigative work of the DEA’s New York Organized Crime Drug Enforcement Strike Force, the DEA’s Mérida Resident Office, and Mexico’s Secretaría de Marina. The Strike Force is housed at the DEA’s New York Division and includes agents and officers of the DEA; the New York City Police Department; the New York State Police; Immigration and Customs Enforcement – Homeland Security Investigations; the U. S. Internal Revenue Service Criminal Investigation Division; the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Customs and Border Protection; U.S. Secret Service; the U.S. Marshals Service; New York National Guard; the Clarkstown Police Department; U.S. Coast Guard; Port Washington Police Department; and New York State Department of Corrections and Community Supervision.
The case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorneys Michael K. Krouse, Stephanie Lake, Daniel G. Nessim, Benjamin Woodside Schrier, and Kyle A. Wirshba are in charge of the prosecution.
The charge contained in the Complaint is merely an allegation, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint and statements and filings in court set forth herein, constitute only allegations, and every fact described herein should be treated as an allegation as to the defendants charged in the Complaint.
Meth Trafficker Facing 10 Years to Life in PrisonRead the Press Release
PROVIDENCE – A Providence woman who today admitted to a federal court judge that she ran a drug trafficking conspiracy from her apartment that distributed between 150 grams and 500 grams of nearly pure methamphetamine, also referred to as “ice,” faces between 10 years to life in federal prison when she is sentenced in November.
Alexa Samoiloff, 51, admitted that she facilitated drug deals from, among other places, her apartment and from motel rooms, and often provided instructions to co-conspirators using an encrypted app. At her direction, payments for meth in furtherance of the conspiracy were often sent to Samoiloff via Walmart/MoneyGram wire transfers.
During the course of their investigation, the FBI Safe Streets Task Force conducted nine undercover purchases of between 7 and 46 grams of “ice,” that proved to be at least 90% pure.
On October 18, 2019, law enforcement members conducted a search of Samoiloff’s residence and seized approximately 31 grams of crystal meth, 5 digital scales, an ammunition container with 109 rounds of 9mm ammunition, 10 knives, 3 swords, a crossbow, multiple cell phones, hypodermic needles, and various items used in the packaging and distribution of meth.
Appearing today before U.S. District Court Chief Judge John J. McConnell, Jr., Samoiloff pleaded guilty to conspiracy to distribute and to possess with intent to distribute 50 grams or more of methamphetamine; possession with intent to distribute 5 grams or more of methamphetamine; and three counts of distribution of 5 grams or more of methamphetamine, aiding and abetting, announced United States Attorney Aaron L. Weisman and Special Agent in Charge of the FBI Boston Division Joseph R. Bonavolonta.
Samoiloff is scheduled to be sentenced by Chief Judge John J. McConnell, Jr on November 30, 2020.
Conspiracy to distribute and to possess with intent to distribute 50 grams or more of methamphetamine is punishable by statutory penalties of a minimum of 10 years up to life in federal prison and 5 years to lifetime supervised release. Possession with intent to distribute 5 grams or more of methamphetamine is punishable by a minimum of 5 years up to 40 years in prison and 4 years to lifetime supervised release. Distribution of 5 grams or more of methamphetamine; aiding and abetting is punishable by a minimum of 5 years up to 40 years in prison and 4 years to lifetime supervised release.
Steven Robinson, 48, of Providence, a co-defendant in this matter, pleaded guilty on March 11, 2020, to conspiracy to possess with intent to distribute methamphetamine. He is scheduled to be sentenced on October 28, 2020.
Jacob Abbruzzese, 46, of Cranston, a co-defendant in this matter, pleaded guilty on July 23, 2020, to conspiracy with intent to distribute methamphetamine. He is scheduled to be sentenced on October 23, 2020.
The cases are being prosecuted by Assistant U.S. Attorneys Christine D. Lowell and Sandra R. Hebert.
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Member of Navajo Nation sentenced to 27 months in federal prison for burglary in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Eric Martinez, 33, of Mentmore, New Mexico, was sentenced on Aug. 27 in federal court in Albuquerque to 27 months in prison for residential burglary.
On Feb. 19, 2016, Martinez broke into the victims’ home in McKinley County, New Mexico, within the exterior boundaries of the Navajo Nation. Martinez entered the home and stole an array of personal items worth more than $60,000. Martinez also possessed a dangerous weapon while committing the crimes.
Martinez, an enrolled member of the Navajo Nation, must also serve a one-year term of supervised release after completing his sentence.
The Navajo Nation Police Department and the Navajo Nation Division of Public Safety-Criminal Investigations services investigated this case. Assistant U.S. Attorney David P. Cowen prosecuted the case.
Maryland Woman Pleads Guilty to Health Care FraudRead the Press Release
WASHINGTON – Charlotte Besumbu Etongwe, 45, of Beltsville, Maryland, pled guilty today in federal court to defrauding the D.C. Medicaid program out of more than a quarter million dollars.
The announcement was made by Acting U.S. Attorney Michael R. Sherwin; Robert E. Bornstein, Acting Special Agent in Charge, FBI Washington Field Office, Criminal Division; Maureen R. Dixon, Special Agent in Charge of the U.S. Department of Health and Human Services’ Office of Inspector General for the region that includes Washington, D.C.; and Daniel W. Lucas, Inspector General for the District of Columbia.
Etongwe pled guilty to health care fraud in U.S. District Court for the District of Columbia. The charge carries a statutory maximum of 10 years in prison and potential financial penalties. Under federal sentencing guidelines, Etongwe faces a likely recommended sentence of between 18 and 24 months in prison and a fine of up to $75,000. The Honorable Tanya S. Chutkan took the plea and scheduled sentencing for December 7, 2020.
According to a statement of offense submitted to the Court, Etongwe worked as a personal care aide for eleven different home health agencies at various times between July 2014 and March 2019. The home health agencies employed Etongwe to assist D.C. Medicaid beneficiaries in performing activities of daily living, such as getting in and out of bed, bathing, dressing, and eating. Etongwe was supposed to document the care she provided to the Medicaid beneficiaries on timesheets and then submit the timesheets to the home health agencies, which would in turn bill Medicaid for the services that she rendered.
Between 2014 and 2019, Etongwe caused the D.C. Medicaid Program to issue payments totaling $369,970 for services that she did not render. As part of her fraud scheme, she submitted false timesheets to different home health agencies claiming that she provided 22 hours or more of personal care aide services. She also submitted false timesheets claiming to have provided personal care aide services to multiple Medicaid beneficiaries in overlapping hours.
The FBI, the Department of Health and Human Services’ Office of Inspector General, the District of Columbia’s Office of the Inspector General’s Medicaid Fraud Control Unit, and the U.S. Attorney’s Office are committed to investigating and prosecuting individuals who defraud the D.C. Medicaid program. Since October 2019, five former personal care aides have been sentenced in U.S. District Court for defrauding D.C. Medicaid. In June 2020, four additional individuals were charged in criminal complaints with health care fraud and health care false statements.
The government counts on the public for tips and assistance in helping stop health care fraud. If you have information about individuals committing health care fraud, please call the Department of Health and Human Services’ Office of Inspector General hotline at (800) HHS‑TIPS [(800) 447-8477].
Assistant U.S. Attorney Kondi Kleinman of the Fraud Section is prosecuting the case.
Louisiana Company Pleads Guilty to Conspiracy to Defraud the Government and Violate the Procurement Integrity ActRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Peter G. Strasser and Makan Delrahim, Assistant Attorney General for the Antitrust Division of the Department of Justice, announced that CAJAN WELDING & RENTALS, LTD., a company located in Opelousas, Louisiana, pleaded guilty on September 8, 2020 to one count of conspiracy to defraud the United States and to violate the Procurement Integrity Act, in violation of 18 U.S.C. § 371.
According to admissions made in connection with its guilty plea, CAJAN WELDING & RENTALS, LTD. conspired with unnamed co-conspirators to defraud the United States by corrupting and impairing the government procurement process, and by obtaining non-public pricing and cost information in order to obtain subcontract awards and payments from the U.S. Department of Energy in connection with its operation of the nation’s Strategic Petroleum Reserve.
The charged offense carries a statutory maximum fine of $500,000.00, a term of probation of up to five years, and a special assessment of $400.00 for companies.
“Fraud, regardless of its scope and means of orchestration, is a serious crime. Especially egregious is fraud committed against the hardworking taxpayer, said U.S. Attorney of the Eastern District of Louisiana Peter G. Strasser.” This guilty plea sends a clear message that our office will vigorously investigate and prosecute all such corruption cases.
“Today’s guilty plea demonstrates that corruption of the bidding process for a vital federal program like the Strategic Petroleum Reserve will not be tolerated. The Justice Department is committed to investigate and prosecute collusion that impacts government procurement to the fullest extent of the law,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “The Antitrust Division will remain vigilant in protecting taxpayer funds through competition, and will continue to work with the U.S. Attorney’s Office and our law enforcement partners to safeguard the federal procurement process.”
“The Department of Energy Office of Inspector General remains committed to ensuring the integrity of the Department's contractors and subcontractors,” said Teri L. Donaldson, Department of Energy Inspector General. “We take allegations of procurement integrity violations very seriously and will aggressively investigate these matters to protect the Department and the American taxpayers. “We appreciate the efforts of the DOJ in pursuing these allegations and will continue our collaboration with the DOJ to investigate those who seek to defraud Department programs.”
The case is the result of a federal investigation being conducted by the United States Attorney’s Office in the Eastern District of Louisiana, the Department of Justice Antitrust Division’s Washington Criminal II Section, and the Department of Energy’s Office of the Inspector General.
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Little Sioux Man Sentenced to 200 months in Prison for Child PornographyRead the Press Release
COUNCIL BLUFFS, Iowa - On September 4, 2020, United States District Court Chief Judge John A. Jarvey sentenced Jason Wickett, age 47, of Little Sioux, to 200 months in prison and eight years of supervised release to follow his prison term for distribution of child pornography announced United States Attorney Marc Krickbaum. Wickett pleaded guilty to the offense on April 22, 2020.
The Iowa Division of Criminal Investigation began an investigation into Wickett from an online investigation of a TOR hidden services site, which is designed to conceal an internet user’s identity and activity, by the Federal Bureau of Investigations Child Exploitation and Human Trafficking Task Force. The hidden services site was primarily operated to sexually exploit children. Wickett distributed child pornography on hidden service sites on the TOR network in November and December 2019. A search warrant was executed at Wickett’s residence on December 17, 2019. Law enforcement seized electronics that contained images and videos of child pornography.
United States Attorney Krickbaum stated, “The sentence imposed in this case should serve as a clear message to anyone who uses the dark web to distribute or view child pornography. You are not anonymous, and after you are arrested and convicted, you will go to federal prison.”
Following the sentencing, FBI Omaha Special Agent in Charge Kristi Johnson stated, “The 16- year sentence handed down to Jason Wickett illustrates the seriousness of his crime. FBI Omaha and its Omaha Child Exploitation Task Force will continue to investigate and arrest these predators who prey on the most vulnerable of our communities.”
This investigation was conducted by the Federal Bureau of Investigations Child Exploitation and Human Trafficking Task Force, Iowa Division of Criminal Investigations, and the Harrison County Sherriff’s Office. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Liberty County Man Guilty of Federal Firearms ViolationRead the Press Release
BEAUMONT, Texas – A 45-year-old Dayton, Texas man has pleaded guilty to a federal firearms violation in the Eastern District of Texas, announced U.S. Attorney Stephen J. Cox today.
Michael Leonard Cupp pleaded guilty to possession of a firearm by a prohibited person today before U.S. District Judge Marcia A. Crone.
According to information presented in court, on Nov. 12, 2019, law enforcement officers executed an arrest warrant issued in Calcasieu Parish, LA, for Cupp at a residence in Dayton, Texas, in the Eastern District of Texas. The warrant was related to ATM thefts from the Lake Charles, LA, area. Immediately following the arrest, federal agents discovered a firearm in the living room of the residence in plain view. The firearm was later determined to have been stolen. Cupp had previously been convicted of engaging in organized criminal activity in Polk County, Texas, in 2004, and as a convicted felon is prohibited from owning or possessing firearms or ammunition.
A federal grand jury returned an indictment charging Cupp with a firearms violation on Dec. 4, 2019. Under federal statutes, Cupp faces up to 10 years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is a part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce un violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office is prosecuting this case with support from the following Project Guardian partners: FBI, ATF, Liberty County Sheriff’s Office, Dayton Police Department, Calcasieu Parish Sheriff’s Office, and the FBI Lab in Quantico, VA.
More information about Project Guardian can be found at https://www.justice.gov/projectguardian.
This case is being prosecuted by Assistant U.S. Attorney Randall L. Fluke
Las Vegas Man Indicted for Illegal Possessions of 3-D Printed Glock Switches and Firearms SuppressorsRead the Press Release
LAS VEGAS, Nev. — A Las Vegas resident made his initial appearance in federal court on September 4, 2020 for illegally possessing machine guns and unregistered firearm suppressors, announced U.S. Attorney Nicholas A. Trutanich of the District of Nevada, Special Agent in Charge Frank Burrola for Homeland Security Investigations (HSI), Special Agent in Charge Patrick Gorman of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Sheriff Joseph Lombardo of the Las Vegas Metropolitan Police Department (LVMPD).
Justin Pham, 30, of Las Vegas, was charged with one count of illegal possession of a machine gun and two counts of possession of a firearm not registered in the National Firearms Registration and Transfer Record. A jury trial has been scheduled before U.S. District Judge Jennifer A. Dorsey on November 3, 2020.
According to the indictment and arguments made in court, on or about August 15, 2020, Pham possessed three Glock semi-automatic firearms that he had modified to fire as fully automatic weapons without manual reloading. In addition, Pham possessed five firearm silencers that were not registered to him in the National Firearms Registration and Transfer Record.
As alleged, law enforcement became aware of Pham after an anonymous tipster reported that Pham had made threats that he was planning to commit a shooting. Pham also told the tipster that he had converted firearms into automatic weapons by using a 3-D printer. Law enforcement executed a search warrant on Pham’s home and vehicle. They located automatic weapons, which were Glock semi-automatic handguns that Pham converted into fully automatic firearms through Glock switches created from a 3-D printer. Additionally, law enforcement located the five suppressors, as well as numerous firearms and firearm parts, ammunition, and a 3-D printer.
Pham faces a statutory maximum sentence of: (a) ten years in prison and a $250,000 fine for the illegal possession of a machine gun charge; and (b) ten years in prison and a $250,000 fine for each count of possession of a firearm not registered in the National Firearms Registration and Transfer Record. In addition to imprisonment and monetary penalties, Pham also faces a period of supervised release and restitution.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case is the product of a coordinated investigation by HSI, ATF, LVMPD, the Federal Bureau of Investigation, and the U.S. Postal Inspection Service. Assistant U.S. Attorney Stephanie Ihler is prosecuting the case.
The Clark County District Attorney’s Office has also filed charges on behalf of the State of Nevada against Pham.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the ATF when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
For more information about Project Guardian, visit https://www.justice.gov/opa/pr/attorney-general-william-p-barr-announces-launch-project-guardian-nationwide-strategic-plan.
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Jefferson County Man Sentenced for Beaumont BombingsRead the Press Release
BEAUMONT, Texas – A 42-year-old Beaumont, Texas man has been sentenced to federal prison for a bombing incident in the Eastern District of Texas, announced U.S. Attorney Stephen J. Cox today.
In October 2019, Jonathan Matthew Torres was found guilty at trial of using an explosive device to cause property damage and possession of an unregistered destructive device. Torres was sentenced to 60 months in federal prison by U.S. District Judge Thad Heartfield on Sep. 8, 2020.
“In the wake of the Austin bombings, Torres preyed upon Beaumont with his own explosives and a series of threats,” said U.S. Attorney Stephen J. Cox. “Our federal, state, and local law enforcement partners took heroic action, reassuring the Beaumont community and using cutting-edge investigative techniques to ensure public safety.”
“For several weeks, Jonathan Matthew Torres created fear, panic and insecurity for Beaumont residents,” said FBI Special Agent in Charge Perrye K. Turner. “Having just experienced the destruction and loss of life carried out by the Austin package bomber the month prior, we were determined to not let the Beaumont community suffer a similar tragedy. Through the nonstop work of FBI agents, intelligence analysts, and our partners at the Beaumont Police Department, ATF, US Postal Inspection Service, and DPS, this individual was finally identified, arrested and will now serve his time in prison.”
“Combining resources with our federal and state counterparts to solve cases involving the criminal misuse of explosives to keep our communities safe, remains one of ATF’s top priorities,” said ATF Special Agent in Charge Fred Milanowski.
According to information presented in court, on April 26, 2018, federal agents discovered what appeared to be a homemade destructive device inside a U.S. Postal Service priority mail service box at a Starbucks on Dowlen Road in Beaumont. Shortly after discovering the device, the Beaumont Police department began receiving cryptic postcards referencing the bombing. One of those postcards read “DO YOU WANT BMT TO BECOME ANOTHER AUSTIN . . . .” This postcard appeared to reference serial bombings that occurred approximately a month prior, in Austin, Texas. During the course of those Austin bombings, five package bombs exploded killing two people and injuring another five. In the light of Torres’ reference to Austin, and the potential danger to the Beaumont community, federal law enforcement agencies dispatched dozens of agents and other personnel from around the country to assist the Beaumont Police Department and local law enforcement agencies in the investigation. During the course of the investigation, the law enforcement partners deployed advanced investigative tools and tactics, including state-of-the-art forensic analysis to develop possible suspects in the case.
In the midst of the investigation, on May 10, 2018, an explosion occurred at St. Stephen’s Episcopal Church on Delaware Street in Beaumont. The explosion caused damage to St. Stephen’s administration building; fortunately, there were no injuries. After the St. Stephen’s bombing, law enforcement partners conducted a forensic analysis of the two devices and other evidence collected during the course of the investigation, resulting in the identification of Torres as a potential suspect. On May 24, 2018, agents executed a search warrant at Torres’ residence in the 4400 block of El Paso Street in Beaumont, Texas. Inside the residence, investigators recovered multiple containers of the same type of explosive material used in both previously discussed devices; postal boxes similar to the boxes used in the aforementioned devices; a receipt for the purchase of the type of string used in the device found at Starbucks; zip-ties similar to the type used in the device found at Starbucks; packing tape similar to the type used in the device found at Starbucks; and other components consistent with the destructive devices. Agents arrested Torres without incident, and he was indicted by a federal grand jury on June 6, 2018.
This case was investigated by the Beaumont Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, U.S. Postal Inspection Service, and the Texas Department of Public Safety. This case was prosecuted by Assistant U.S. Attorneys Russell James and Christopher T. Tortorice.