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Wednesday 9 September 2020
Attorney General William P. Barr Announces Updates on Operation Legend at Press Conference in ChicagoRead the Press Release
At a press conference in Chicago today, Attorney General William P. Barr announced updates on Operation Legend.
Since the operation’s launch, there have been more than 2,000 arrests, including defendants who have been charged in state and local courts. Of those arrests, approximately 588 defendants have been charged with federal crimes. In addition, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has seized 587 firearms, more than 1.2 kilos of heroin, and more than five kilos of methamphetamine; the Drug Enforcement Administration (DEA) has seized almost 70 kilos of methamphetamine, more than 16 kilos of heroin, more than 7 kilos of fentanyl, more than 12 kilos of cocaine, 268 firearms, and approximately $5.19 million in drug proceeds; the FBI has recovered 241 weapons; and the United States Marshals Service have recovered 169 firearms and made 1810 arrests, including 163 for homicide and 120 for sexual assault.
In Chicago, there has been a 49% decrease in homicides in the first four weeks of the operation, when compared to the four weeks prior to the operation’s launch. In fact, between April 2020 and the end of July 2020, Chicago was experiencing a steady and distressing increase in fatal shootings, which precipitously declined in August.
The Attorney General launched Operation Legend on July 8, 2020, as a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.
Launched first in Kansas City, MO., on July 8, 2020, the operation was expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on August 6, 2020; and to Indianapolis on August 14, 2020. A breakdown of the federal charges in each district is below.
Milwaukee, WI.
16 defendants have been charged with federal crimes outlined below.
- 2 defendants have been charged with narcotics-related offenses;
- 12 defendants have been charged with firearms-related offenses; and
- 2 defendant has been charged with other violent crimes.
Kansas City, MO.
113 defendants have been charged with federal crimes outlined below.
- 34 defendants have been charged with narcotics-related offenses;
- 68 defendants have been charged with firearms-related offenses; and
- 11 defendants have been charged with other violent crimes.
Chicago, Ill.
120 defendants have been charged with federal crimes outlined below.
- 31 defendants have been charged with narcotics-related offenses;
- 85 defendants have been charged with firearms-related offenses; and
- 4 defendants have been charged with other violent crimes.
Albuquerque, NM.
45 defendants have been charged with federal crimes outlined below.
- 17 defendants have been charged with narcotics-related offenses;
- 22 defendants have been charged with firearms-related offenses; and
- 6 defendants have been charged with other violent crimes.
Cleveland, OH.
66 defendants have been charged with federal crimes outlined below.
- 41 defendants have been charged with narcotics-related offenses;
- 22 defendants have been charged with firearms-related offenses; and
- 3 defendants have been charged with other violent crimes.
Detroit, MI.
58 defendants have been charged with federal offenses outlined below.
- 29 defendants have been charged with narcotics-related offenses;
- 26 defendants have been charged with firearms-related offenses; and
- 3 defendants have been charged with other violent crimes.
St. Louis, MO.
123 defendants have been charged with federal crimes.
- 54 defendants have been charged with narcotics-related offenses;
- 53 defendants have been charged with firearms-related offenses; and
- 16 defendants have been charged with other violent crimes.
Memphis, Tenn.
16 defendants have been charged with federal offenses.
- 4 defendants have been charged with narcotics-related offenses;
- 9 defendants have been charged with firearms-related offenses; and
- 3 defendants have been charged with other violent crimes.
Indianapolis, Indiana
31 defendants have been charged with federal crimes outlined below.
- 10 defendants have been charged with narcotics-related offenses;
- 17 defendants have been charged with firearms-related offenses; and
- 4 defendants have been charged with other violent crimes.
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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Attorney General William P. Barr Announces Updates on Operation LegendRead the Press Release
KANSAS CITY, Mo. – At a press conference in Chicago today, Attorney General William P. Barr announced updates on Operation Legend, a law enforcement initiative launched in Kansas City, Mo., in July and since expanded to eight more cities.
Since the operation’s launch, there have been more than 2,000 arrests, including defendants who have been charged in state and local courts. Of those arrests, approximately 592 defendants have been charged with federal crimes, including 113 defendants in Kansas City.
In addition, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has seized 587 firearms, more than 1.2 kilos of heroin, and more than five kilos of methamphetamine; the Drug Enforcement Administration (DEA) has seized almost 70 kilos of methamphetamine, more than 16 kilos of heroin, more than 7 kilos of fentanyl, more than 12 kilos of cocaine, 268 firearms, and approximately $5.19 million in drug proceeds; the FBI has recovered 241 weapons; and the United States Marshals Service have recovered 169 firearms and made 1,810 arrests, including 163 for homicide and 120 for sexual assault.
The Attorney General launched Operation Legend on July 8, 2020, as a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.
Launched first in Kansas City, Mo., on July 8, 2020, the operation was expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on August 6, 2020; and to Indianapolis on August 14, 2020. A breakdown of the federal charges in each district is below.
Kansas City, MO.
113 defendants have been charged with federal crimes outlined below.
- 34 defendants have been charged with narcotics-related offenses;
- 68 defendants have been charged with firearms-related offenses; and
- 11 defendants have been charged with other violent crimes.Chicago, Ill.
124 defendants have been charged with federal crimes outlined below.
- 30 defendants have been charged with narcotics-related offenses;
- 90 defendants have been charged with firearms-related offenses; and
- 4 defendants have been charged with other violent crimes.Albuquerque, NM.
45 defendants have been charged with federal crimes outlined below.
- 17 defendants have been charged with narcotics-related offenses;
- 22 defendants have been charged with firearms-related offenses; and
- 6 defendants have been charged with other violent crimes.Cleveland, OH.
66 defendants have been charged with federal crimes outlined below.
- 41 defendants have been charged with narcotics-related offenses;
- 22 defendants have been charged with firearms-related offenses; and
- 3 defendants have been charged with other violent crimes.Detroit, MI.
58 defendants have been charged with federal offenses outlined below.
- 29 defendants have been charged with narcotics-related offenses;
- 26 defendants have been charged with firearms-related offenses; and
- 3 defendants have been charged with other violent crimes.Milwaukee, WI.
16 defendants have been charged with federal crimes outlined below.
- 2 defendants have been charged with narcotics-related offenses;
- 12 defendants have been charged with firearms-related offenses; and
- 2 defendant has been charged with other violent crimes.St. Louis, MO.
123 defendants have been charged with federal crimes.- 54 defendants have been charged with narcotics-related offenses;
- 53 defendants have been charged with firearms-related offenses; and
- 16 defendants have been charged with other violent crimes.Memphis, Tenn.
16 defendants have been charged with federal offenses.- 4 defendants have been charged with narcotics-related offenses;
- 9 defendants have been charged with firearms-related offenses; and
- 3 defendants have been charged with other violent crimes.Indianapolis, Indiana
31 defendants have been charged with federal crimes outlined below.
- 10 defendants have been charged with narcotics-related offenses;
- 17 defendants have been charged with firearms-related offenses; and
- 4 defendants have been charged with other violent crimes.Armed meth trafficker sentenced to 12 years in prisonRead the Press Release
MISSOULA — A Spokane, WA, man who admitted possessing firearms while trafficking methamphetamine after law enforcement officers found the items in his backpack was sentenced today to 12 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Lance Howard Garett, 42, pleaded guilty in April to possession with intent to distribute meth and to possession of a firearm in furtherance of a drug trafficking crime.
U.S. District Judge Donald W. Molloy presided.
The prosecution said in court documents filed in the case that on Sept. 21, 2019 in Granite County, a Montana Highway Patrol officer searched Garett's backpack after a vehicle pursuit of a motorcycle driven by Garett. In Garett's backpack were two handguns, meth and heroin. Garett admitted to law enforcement that he had fled because he possessed the guns and drugs.
Assistant U.S. Attorney Tara Elliott prosecuted the case, which was investigated by the Drug Enforcement Administration and the Montana Highway Patrol.
This case is part of Project Guardian, the U.S. Department of Justice’s recent initiative to reduce gun violence and enforce federal firearms laws, and Project Safe Neighborhoods, the USDOJ’s initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 through 2018. Through these initiatives, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Alaska Pilot Sentenced in Connection with August 2014 Atigun Pass CrashRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that Forest M. Kirst, 63, of Fairbanks, Alaska, was sentenced today by U.S. District Judge Ralph R. Beistline to serve one year and one day in federal prison, to be followed by a three year term of supervised release. Kirst was also ordered to pay a $5,000 fine and a $200 Court Assessment Fee. In addition, as a condition of his supervised release, Kirst is not permitted to pilot a commercial aircraft during the term of his supervised release. Furthermore, he is not permitted to accept employment or be self-employed in any capacity as an aircraft mechanic without prior United States Probation approval.
After a ten day trial in November 2019, a federal jury deliberated just under 4 hours before convicting Kirst of two counts of obstruction of proceedings before a federal agency.
According to evidence presented at trial, a Ryan Navion airplane piloted by Kirst, d/b/a Kirst Aviation, was involved in an accident near Atigun Pass, Alaska, on Aug. 24, 2014. Three Canadian tourists were passengers aboard the airplane on a one-day sightseeing excursion before beginning an Alaska cruise. Kirst left Bettles, Alaska, and began flying too low over rising terrain. After circling over a moose in a pond, the airplane lacked the power and altitude to clear Atigun Pass in the Brooks Range. The airplane crashed on the side of the mountain below the Dalton Highway and above a pipeline maintenance road.
Fortunately, numerous people were in the vicinity maintaining the Dalton Highway and servicing the Trans-Alaska Pipeline, and were able to respond to the crash. All passengers sustained serious injuries and one of the passengers died 35-days later as a result of his injuries. The accident was investigated by the National Transportation Safety Board (NTSB) and by the Federal Aviation Administration (FAA). Kirst’s airman certificate was revoked by the FAA following the accident and Kirst appealed the revocation.
Kirst was convicted of lying to the NTSB and the FAA during their investigations when he stated during an interview with NTSB officials that he was at a higher altitude than GPS evidence showed, and lying during the NTSBhearings when he testified that his airplane dropped in altitude approximately 1,500 feet just prior to the crash.
The Department of Transportation, Office of Inspector General, National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) conductedinvestigations leading to the successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorneys Retta Randall and Charisse Arce.
Tuesday 8 September 2020
Woman Formerly of Harleysville, PA, Indicted on Fraud Charges for “GoFundMe” Cancer SchemeRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Vanessa O’Rourke, 32, formerly of Harleysville, PA, and last known to be residing in Queensland, Australia, was charged by Indictment with wire fraud in connection with falsely stating that she had cancer in order to solicit donations, including on gofundme.com. The Indictment was previously under seal and was unsealed earlier today.
The Indictment alleges that from approximately October 2015 through July 2016, O’Rourke falsely represented to others that she had a terminal form of brain cancer known as “Glioblastoma.” The defendant also allegedly lied about needing to raise money to travel to Australia to receive experimental cancer treatments. Based on these and other allegedly false representations, more than 140 people donated a total of $11,740 to O’Rourke’s fundraising campaign through gofundme.com, a legitimate online fundraising platform. The Indictment also alleges that while O’Rourke did travel to Australia, she did not receive any cancer treatment while she was there and instead used the donated money for personal expenses, including a variety of leisure activities.
“The allegations in this case are nauseating,” said U.S. Attorney McSwain. “O’Rourke is charged with preying upon the kindness and generosity of good people who wished to help those in need. As alleged, there was no need here – only lies, greed and callous manipulation.”
“Misleading people about a significant medical diagnosis in order to take advantage of their kind hearts and open wallets is reprehensible,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “As alleged, Vanessa O’Rourke scammed friends and family alike, convincing them to donate money toward her supposed medical care. Instead, those funds supported her lifestyle and leisure. When someone commits such financial fraud, the FBI and our law enforcement partners will work to hold them accountable.”
The case was investigated by the Federal Bureau of Investigation and the Towamencin Township Police Department, and is being prosecuted by Assistant United States Attorney Kevin Jayne.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Whitewood Man Charged with Unlawful Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Whitewood, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person.
Travis Longfox, age 28, was charged on February 19, 2020. Longfox appeared before U.S. Magistrate Judge Daneta Wollmann on September 2, 2020, and pleaded not guilty to the charge.
The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Longfox, previously convicted of a felony and prohibited from possessing firearms, possessing a Kel-Tec .22 caliber semi-automatic pistol in July 2019 at Rapid City. The charge is merely an accusation and Longfox is presumed innocent until and unless proven guilty.
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.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Longfox was detained pending trial. A trial date has not been set.
Washington Man Pleads Guilty to Assaulting Secret Service AgentsRead the Press Release
CHARLESTON, W.Va. – A Bremerton, Washington man pled guilty to assaulting two special agents with the United States Secret Service, announced United States Attorney Mike Stuart. Joshua Wills, 31, pled guilty to assaulting, resisting or impeding federal officers.
“One sure fire way not to see the President of the United States is to brandish a weapon and threaten the safety of local and federal officials,” said United States Attorney Mike Stuart. “Assaults on law enforcement officers will not be tolerated. Great work by the Secret Service and the St. Albans Police Department in stopping Wills before he could do serious harm.”
Wills admitted that he intended to drive from the state of Washington to Washington, D.C. to meet the President of the United States. The U.S. Secret Service began investigating Wills after they had received reports that Wills was traveling to see the President while possessing a dangerous weapon. Two special agents with the U.S. Secret Service located Wills in a campground in St. Albans and approached him for questioning. Officers with the St. Albans Police Department arrived at the campground for assistance. Wills admitted that he became agitated by the presence of the law enforcement officers and a standoff ensued for approximately 20 minutes. When Wills was told that he was going to be taken into custody for disorderly conduct, he unsheathed and raised a three-foot long Katana sword as a show of force. After further resisting law enforcement commands, Wills was disabled by a non-lethal beanbag gun possessed by a St. Albans police officer and taken into custody.
Wills faces up to 20 years in prison when sentenced on November 9, 2020.
The U.S. Secret Service and the St. Albans Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Andrew Tessman is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:18-cr-00289.
Follow us on Twitter: SDWVNews and USAttyStuart
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Victoria man admits to child pornography charge as part of Project Safe ChildhoodRead the Press Release
CORPUS CHRISTI – A 40-year-old Texan has pleaded guilty to receipt of child pornography, announced U.S. Attorney Ryan K. Patrick.
Authorities had linked Paul Thomas Rosales to explicit materials found on a peer-to-peer network. The area task force investigation soon led them to his residence in Victoria.
They conducted a search and seized numerous digital devices. Forensic analysis ultimately revealed approximately 200 images of children engaged in sexually explicit conduct, some of which included children under the age of 5.
Today, he admitted to receiving the pornographic images.
Sentencing has been set for Dec. 11 before U.S. District Judge David S. Morales. At that time, Rosales faces up to 20 years in federal prison and a possible $250,000 maximum fine. He was permitted to remain on bond pending that hearing.
The FBI – Corpus Christi Resident Agency and Victoria Police Department conducted the investigation along with the Houston Metro Internet Crimes Against Children Task Force.
Assistant U.S. Attorney Reid Manning is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
Ventura County Man Indicted for Allegedly Threatening Woman During Decades-Long Harassment Campaign Targeting Her FamilyRead the Press Release
LOS ANGELES – A Port Hueneme man was named today in a federal grand jury indictment that charges him with making threats to rape and kill a student who is the daughter of a woman he allegedly began stalking and harassing in 1991.
Serge Agopian, 49, was named in a three-count indictment that charges him with sending threatening communications in an email and letters sent through the U.S. Mail.
The charges against Agopian stem from three identical threatening communications he allegedly sent anonymously to the student in April. The victim is the daughter of a woman Agopian began harassing when they attended the University of California, Santa Barbara, according to a criminal complaint previously filed in this case.
During the investigation, FBI agents interviewed the victim’s mother, who described how Agopian apparently saw her at a party in 1991, contacted her “out of the blue” even though they had never met, and began sending “unsolicited roses, cassette tapes with recorded love songs, poetry, letters, and condoms to her residence,” according to the affidavit in support of the criminal complaint. The victim’s mother told investigators that she asked Agopian to stop all communications, but she believed he continued to send packages anonymously after she moved to her parents’ residence – including roses with dog feces and an item that resembled a bomb.
The victim’s mother obtained restraining orders against Agopian that were in effect for nearly 10 years. Nevertheless, Agopian continued to contact her, including in the fall of 1991 in the UCSB bookstore, where he pushed her into a shelf of books, resulting in Agopian’s arrest, according to the affidavit.
Agopian later filed a defamation lawsuit against the victim’s mother. For many years after the lawsuit was resolved, the victim’s mother and her family received “very vulgar, lewd, and obscene letters,” which she believed came from Agopian, according to the affidavit.
The criminal complaint notes that one of the letters sent to the victim in April had a fingerprint that matched fingerprints obtained from Agopian during the restraining order proceedings.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The indictment charges Agopian with one count of threats by interstate communications and two counts of mailing threatening communications, each of which carries a statutory maximum penalty of five years in federal prison.
Agopian was arrested on August 5 pursuant to a criminal complaint that alleged one count of making threats by interstate communication. Agopian is scheduled to be arraigned on the indictment on September 15.
This matter is being investigated by the FBI and the Los Angeles Police Department.
This case is being prosecuted by Assistant United States Attorney Damaris Diaz of the Violent and Organized Crime Section.
USP Lee Inmate Sentenced for Possessing with Intent to Distribute Heroin, Amphetamine and Methamphetamine and for Possessing Prohibited Objects in PrisonRead the Press Release
ABINGDON, Va. – Robert Barnes, an inmate at United States Penitentiary Lee in Jonesville, Virginia was sentenced last week for possessing with the intent to distribute heroin, amphetamine, and methamphetamine within the prison and for possessing prohibited objects in prison, United States Attorney Thomas T. Cullen announced today.
Barnes, 45, was sentenced in the United States District Court for the Western District of Virginia in Abingdon to a total term of 180 months imprisonment and a 3-year term of supervised release.
The investigation of the case was conducted by the Federal Bureau of Prisons. Special Assistant United States Attorney Debbie Stevens prosecuted the case for the United States.
US Attorney Wrigley announces additional Sexual Exploitation of Minors Charges against a Bismarck, ND, ManRead the Press Release
Bismarck – United States Attorney Drew H. Wrigley announced that Dawson M. Rouse of Bismarck, ND, has been indicted on 13 additional federal charges, appeared in Federal Court at an initial appearance and arraignment hearing on a Superseding Indictment on September 8, 2020. The United States District Court for the District of North Dakota unsealed a Superseding Indictment revealing that a federal grand jury indicted Rouse on thirteen additional counts in addition to the twenty-seven felony counts of Sexual Exploitation of Minors (Thirteen counts of Sexual Exploitation of Minors or attempted Sexual Exploitation of Minors; Ten counts of Coercion or Enticement of Minors, and Four counts of Transfer of Obscene Material to Minors under 16 years of age) that Rouse was previously Indicted for. At Rouse’s hearing, the court ordered Rouse to remain in detention pending trial on this matter.
Previously, the Grand Jury alleged that Rouse caused or attempted to cause the production of images depicting the sexual exploitation of minors; used the internet to arrange or attempt to arrange meeting with minors for the purposes of sexual misconduct; and sent obscene images to 15 minors under the age of 16. In the Superseding Indictment the Grand Jury further alleged that Rouse received images and videos depicting the sexual exploitation of minors and further added seven additional allegations that Rouse caused or attempted to cause the production of images depicting the sexual exploitation of minors; used the internet to arrange or attempt to arrange meeting with minors for the purposes of sexual misconduct; and finally, sent obscene images to several minors under the age of 16 involving three additional victims.
Allegedly, the minor female victims described similar conduct by Rouse, in that he would friend them on Snapchat and begin conversations with them and Rouse eventually turned the conversation to sex. Rouse harassed the minor victims until they sent him nude photographs or videos of themselves, then Rouse harassed them to meet him so they could have sex. Several of the victims sent nude pictures and videos of themselves to Rouse and six of the victims met with him at his residence and engaged in sexual acts with Rouse.
“The defendant stands accused of 40 felony crimes of various ghastly sexual intrusions into the lives of 18 minors,” said US Attorney Drew Wrigley, “and this remains an active and engaged criminal investigation.”
An Indictment is an accusation and notice of charges, and the defendant is presumed innocent until proven guilty.
This case is being investigated by the Bismarck Police Department and Department of Homeland Security Investigations, and is being prosecuted by Assistant United States Attorney Gary Delorme.
UH agrees to resolve web accessibility issuesRead the Press Release
HOUSTON — The University of Houston (UH) has reached an agreement regarding web accessibility under Title II of the American with Disabilities Act (ADA), announced U.S. Attorney Ryan K. Patrick.
Web accessibility for people with disabilities in higher education is of critical importance, particularly in light of the increased reliance on the use of technology and web-based platforms as an integral part of its educational services, programs, and activities.
The U.S. Attorney’s Office initiated a compliance review in November 2016 to determine whether the school’s website and online course offerings were accessible to individuals with disabilities and in compliance with the ADA. The review evaluated the accessibility of the university’s primary learning management system to ensure students with disabilities have an equal opportunity to participate in programs. Audits uncovered multiple issues inconsistent with ADA accessibility and adversely impact the ability of individuals with disabilities to participate in the UH educational programs, services and activities.
UH is one of the largest schools in Texas. It is a Carnegie-designated tier one university with over 46,000 students. UH fully cooperated with this compliance review and has proactively and voluntarily taken steps to resolve the issues and increase accessibility.
Assistant U.S. Attorneys Elizabeth Karpati and Keith Edward Wyatt handled this investigation.
U.S. Attorney: Scammers Claiming to be with DOJ Preying on ElderlyRead the Press Release
TOPEKA, KAN. - Individuals claiming to represent the Department of Justice are calling members of the public as part of an imposter scam, U.S. Attorney Stephen McAllister said today.
“Do not provide personal information over the telephone – even if the caller claims to be from the Department of Justice,” McAllister said. “These are fraudulent calls.”
The Office of Justice Programs’ Office for Victims of Crime (OVC) has received multiple reports that individuals claiming to represent the Department of Justice are calling members of the public as part of an imposter scam and appear to target the elderly.
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 users to a recorded menu that matches the recorded menu for the department’s main phone number. Eventually, the user reaches an “operator” who steers the user to someone claiming to be an investigator. That “investigator” then attempts to gain the user’s personal information.
“Phone scams are an ugly and pervasive act of victimization. The scams being reported to our National Elder Fraud Hotline are especially heinous because they show the perpetrators are preying upon one of the most vulnerable segments of our society – the elderly,” said OVC Director Jessica Hart. “As if this were not despicable enough, the scammers do so posing as employees of the Justice Department, usurping public trust in the agency that serves as a bastion of fairness and lawfulness while these scams exploit the elderly for financial gain. The first step to identifying these criminals is to have their crimes reported.”
Those who receive these calls are encouraged to report these scams to the FTC via their website or by calling 877–FTC–HELP (877-382-4357). Fraud can also be reported to the FBI for law enforcement action at https://www.justice.gov/criminal-fraud/report-fraud.
The National Elder Fraud Hotline is a resource created by OVC for people to report fraud against anyone age 60 or older. Reporting certain financial losses due to fraud as soon as possible, and within the first 2–3 days, can increase the likelihood of recovering losses. The hotline is open seven days a week. For more information about the hotline, please visit https://stopelderfraud.ovc.ojp.gov/.
U.S. Attorney Announces Partnership with Special Inspector General for Pandemic RecoveryRead the Press Release
The U.S. Attorney’s Office for the Northern District of Texas (NDTX) has entered into a Memorandum of Understanding (MOU) with the Office of the Special Inspector General for Pandemic Recovery (SIGPR) to investigate and prosecute fraud in the distribution of the massive relief package authorized by the CARES Act, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
“The CARES Act was passed by Congress and signed into law by the president to provide much needed relief to Americans suffering from the effects of the COVID-19 pandemic,” said U.S. Attorney Nealy Cox. “But it is an unfortunate reality that scammers, fraudsters, and criminal actors are working overtime to illegally exploit this pandemic for profit. The Department of Justice is committed to investigating and prosecuting these wrongdoers. We are eager to continue this fight against fraud by partnering with Special Inspector General Brian D. Miller and his team.”
In response to the widespread economic harm caused by the COVID-19 pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which included over $2 trillion in emergency financial assistance designed to provide immediate help for American businesses and individuals. The purpose and mission of the MOU is to develop a cooperative effort to investigate and prosecute wrongdoing involving the making, purchase, management, and sale of loans, loan guarantees, and other investments by the Secretary of the Treasury under Division A of the CARES Act, and the management by the Secretary of any program established under Division A of the CARES Act. This partnership will make efficient use of resources and help ensure coordination with regulators and law enforcement so that just results can be achieved, while at the same time taking care not to stymie legitimate businesses acting in good faith to access the important financial resources that Congress made available to the public.
“I look forward to working with U.S. Attorney Nealy Cox and her team in the Northern District of Texas to identify fraud, waste and abuse of the money provided under the CARES Act,” said Special Inspector General Brian D. Miller. “We will bring to justice to those who steal CARES Act money, and recover money for the taxpayers. Taxpayers should expect nothing less.”
Two NDTX Assistant U.S. Attorneys – Deputy Chief Ken Coffin from the Civil Division and Fabio Leonardi from the Criminal Division – will serve as liaisons to the NDTX-SIGPR partnership. These AUSAs will be direct points of contact for case-related inquiries from SIGPR.
Texas residents who believe they are victims of fraud or other criminal activity related to the pandemic should contact the National Center for Disaster Fraud Hotline at (866) 720-5721. Members of the public can also contact the FBI’s Internet Crime Complaint Center (IC3).
Two Reno Residents Sentenced for Possession of Child PornographyRead the Press Release
RENO, Nev. — Two Reno residents — who each pleaded guilty to possession of child pornography in separate cases — were sentenced today to federal prison, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada. Chief U.S. District Judge Miranda Du presided over both sentencing hearings.
U.S. v. Edward C. Wright
Edward C. Wright, 60, of Reno (Sun Valley), Nevada, was indicted in February 2019 and pleaded guilty to possession of child pornography in September 2020. Wright was sentenced to four years and nine months in federal prison, to be followed by lifetime supervised release.
According to court documents, in March 2018, detectives with the Regional Sex Offender Notification Unit began investigating Wright for failure to change his address as a sex offender. Wright is required to register as a sex offender due to a prior felony conviction in 2003 for possession of child pornography. Since 2003, Wright had three convictions for failure to register as a sex offender.
In January 2019, a forensic examination of Wright’s tablet revealed approximately 250 images of child sexual assault, including masochistic or sadistic material. The images were stored in a specialized application that disguises itself as a clock, and is designed to hide user files in a hidden vault.
U.S. v. Luis O. Rodriguez
Luis O. Rodriguez, 59, of Fallon, Nevada, was indicted in January 2019 and pleaded guilty to possession of child pornography in August 2019. Rodriguez was sentenced to three years in federal prison, to be followed by lifetime supervised release. In addition, Rodriguez was ordered to pay a total of $24,000 in restitution to eight victims.
According to court documents, between January 2017 and July 2018, law enforcement downloaded child pornography (via a peer-to-peer file sharing network) from an electronic device located at Rodriguez’s residence. During the execution of a search warrant at Rodriguez’s residence, law enforcement seized four electronic devices. A forensic examination of the seized devices revealed more than 150,000 images and videos of child sexual assault, including sadistic and masochistic conduct involving children under 12 years old.
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Under the Sex Offender Registration Notification Act, both Wright and Rodriguez are required to register as sex offenders.
These cases were investigated by members of the Internet Crimes Against Children Task Force (which includes Sparks Police Department, Washoe County Sheriff’s Office, Homeland Security Investigations, Federal Bureau of Investigation, Office of the Nevada Attorney General, Reno Police Department, Carson City Sheriff’s Office, and Lyon County Sheriff’s Office). Assistant U.S. Attorney Randy St. Clair prosecuted the cases.
These cases were 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. Attorney’s Offices and the Department of Justice’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Two Maryland Men Admit Roles in Multi-State Patient Brokering and Bribery SchemeRead the Press Release
TRENTON, N.J. – Two Maryland men today admitted participating in a conspiracy to defraud health insurance companies through a multi-state patient brokering scheme in which they directed recruiters to bribe drug-addicted individuals to enroll in drug rehabilitation in exchange for referral fees from the rehabilitation centers, U.S. Attorney Craig Carpenito announced.
Seth Logan Welsh, 26, of Forest Hill, Maryland, and John C. Devlin, 33, of Baltimore, Maryland, each pleaded guilty by teleconference before U.S. District Judge Peter G. Sheridan to separate informations charging them with one count of conspiracy to commit health care fraud.
Peter Costas, of Red Bank, New Jersey, pleaded guilty to the same charge in May 2020.
According to documents filed in the case and statements made in court:
Welsh, Devlin, and their conspirators owned and operated a marketing company in California. Welsh and Devlin used the marketing company to help orchestrate a scheme in New Jersey, Maryland, California, and other states that involved bribing individuals addicted to heroin and other drugs to enter into drug rehabilitation centers so Welsh, Devlin, and their conspirators could generate referral fees from those facilities.
The marketing company maintained contractual relationships with drug treatment facilities around the country and engaged a nationwide network of recruiters – including Costas in New Jersey – to identify and recruit potential patients, from New Jersey and other states, who were addicted to heroin or other drugs and who had robust private health insurance.
To convince drug-addicted individuals to travel to and enroll in rehabilitation when they otherwise would not have, Costas and other recruiters offered to bribe them – often as much as several thousand dollars – with Welsh’s and Devlin’s approval. Once the patients agreed to enroll in drug rehabilitation in exchange for the offered bribe, Welsh, Devlin, and Costas would arrange and pay for cross-country travel to the drug treatment centers in California and other states. Costas would stay in touch with the New Jersey patients at the facilities and specifically instruct them to stay at the facilities long enough to generate referral payments, and he would pass along information to Welsh and Devlin about the patients’ status at the facilities. Welsh and Devlin would monitor the other patients they brokered by speaking to other recruiters or to the owners and employees of the drug treatment facilities themselves.
Welsh, Devlin, Costas, and their conspirators often directed patients to different rehabilitation facilities month after month to generate multiple referral payments without regard to whether the substance abuse treatment was medically necessary or effective.
Welsh, Devlin, Costas, and their conspirators also sent patients to facilities in California and other states that they knew provided ineffective drug treatment or actually fostered drug use on their premises. After sending one patient to a drug treatment facility in Los Angeles, California, the patient reported to Costas that “everyone’s high” that “it’s a flop,” meaning that it was not a legitimate substance abuse treatment facility providing bona fide drug treatment services. When that information was relayed to Devlin in a text message, he responded “Lol.” A few days later, Welsh texted Devlin and Costas to report that the patient was “smoking meth” at the drug treatment facility. Costas replied, “Yes. [The patient is] freaking out at me. [He] said out of the 10 ppl. [people] in [the drug treatment facility] only 4 are sober. The rest are smoking meth and dope . . . . [The patient] said everyone’s high and it’s a complete flop and [he] tried to stay sober around it without ‘ratting’ as long as he could.” Costas’s text message meant that the patient was trying to stay in drug rehabilitation long enough to trigger referral payments to Welsh’s and Devlin’s marketing company without relapsing.
The facilities typically paid Welsh’s and Devlin’s marketing company a fee of $5,000 to $10,000 per patient referral. Welsh, Devlin, and their conspirators shared that money among themselves. Costas and other recruiters received approximately half that amount for each patient they brokered. During the scheme, Welsh, Devlin, and their conspirators brokered scores of patients to drug treatment facilities around the country, and the conspiracy caused millions of dollars of losses for health insurers.
Welsh and Devlin face a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for Jan. 11, 2021.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to today’s guilty pleas.
The government is represented by Senior Trial Counsel Jason S. Gould of the Health Care Fraud Unit in Newark.
Three Portlanders Charged with Civil Disorder After Assaulting Local Police OfficersRead the Press Release
PORTLAND, Ore.—In separate criminal cases, three Portland residents have been charged with civil disorder for crimes committed during declared civil disturbances in Portland, announced U.S. Attorney Billy J. Williams.
William Grant Reuland, 24, is charged with civil disorder after assaulting police officers with a high-powered laser on June 13 and 14, 2020; Alexandra Eutin, 24, is charged with civil disorder after striking a police officer with a wooden shield on July 16, 2020; and Pedro Aldo Ramos, Jr., 20, is charged with civil disorder after punching a female police officer in the face on August 24, 2020.
U.S. v. Reuland
According to court documents, at approximately 10:00 p.m. on June 13, 2020, a civil disturbance was declared when a crowd gathered around the Multnomah County Justice Center in downtown Portland. A Portland Police Bureau (PPB) officer watching the crowd from the roof of the Justice Center observed two individuals, one later identified as Reuland, allegedly standing in the middle of the street and repeatedly hitting several officers in the face with high-powered lasers.
The officer moved to a lower floor and was able to photograph Reuland. The officer kept track of Reuland as the crowd was dispersed. In the early morning hours of June 14, 2020, Reuland joined a group of individuals marching from the Justice Center to Portland Mayor Ted Wheeler’s personal residence. Reuland was observed shining a laser at the Mayor’s residence and at other homes in the neighborhood. The officer who originally spotted Reuland with the laser, tracked his location until Reuland was contacted by other officers and taken into custody for assaulting a public safety officer. He was later released by state authorities.
On September 4, 2020, U.S. Marshals Service deputies arrested Reuland at his residence in northwest Portland.
U.S. v. Eutin
At approximately 11:45 p.m. on July 16, 2020, an unlawful assembly was declared after several people in a large crowd gathered near PPB’s southeast precinct on East Burnside Street in Portland began throwing rocks, bottles, and other hard objects and pointing high-powered lasers at officers. The group blocked traffic and ignored warnings to disperse.
Eutin is alleged to have used a wooden shield and hoses to strike a PPB officer in the head while he was attempting to arrest another individual. A second officer arrested Eutin for assaulting a public safety officer, and she was later released.
On September 6, 2020, Homeland Security Investigations special agents arrested Eutin at her residence in southeast Portland.
U.S. v. Ramos
At approximately 10:20 p.m. on August 23, 2020, an unlawful assembly was declared after several people in a large crowd gathered near PPB’s north precinct on Northeast Emerson Street in Portland began throwing chunks of ceramic, rocks, and glass bottles at officers. The group blocked traffic and ignored warnings to disperse. Shortly thereafter, the gathering was declared a riot due to ongoing criminal behavior.
At around the same time, Ramos is alleged to have grabbed a PPB officer by her vest while she was arresting another individual and pull her away from the arrestee. Ramos then punched the officer in the side of her face. He was arrested for assaulting a public safety officer and later released.
On September 8, 2020, Ramos turned himself in to the U.S. Marshals Service.
Reuland, Eutin, and Ramos made their initial appearances in federal court today before a U.S. Magistrate Judge. All were released pending further court proceedings. If convicted, the three face a maximum sentence of five years in federal prison.
These cases were investigated by the FBI with assistance from the U.S. Marshals Service and Homeland Security Investigations. They are 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.
To help identify actors who are actively instigating violence in the city of Portland, the FBI is accepting tips and digital media depicting violent encounters during demonstrations. If you have witnessed unlawful violent actions, we urge you to submit any information, photos, or videos that could be relevant to investigations at fbi.gov/PDviolence. You may also call 1-800-CALL-FBI (800-225-5324) to verbally report tips.
Teacher Sentenced to Five Years in Federal Prison for Traveling to Have Sex with Student and Selling AdderallRead the Press Release
HUNTINGTON, W.Va. – A former high school Spanish teacher from Huntington was sentenced to federal prison for traveling across state lines to have sex with one of her students and selling Adderall, announced United States Attorney Mike Stuart. Amy Adkins, 30, was sentenced to five years in prison for travel with intent to engage in illicit sexual conduct and distribution of Adderall. Adkins also was ordered to complete 20 years of supervised release and to register as a sex offender.
“Adkins abused her position of authority as a teacher to betray the trust of this student and his family,” said United States Attorney Mike Stuart. “Parents expect their kids to be safe from predatory behavior at school, not preyed upon.”
Adkins previously admitted that while she was a Spanish teacher at Fairland High School in Proctorville, Ohio during the 2017 to 2018 academic year, she communicated frequently with one of her young male students on social media. This student was under 16 years old at the time. On April 7, 2018, Adkins admitted that she drove from her home in Huntington to Proctorville, where she picked up her underage student and brought him back to Huntington with the intent to engage in illicit sexual conduct. Ultimately, Adkins had sex with the victim that day at her home in Huntington.
In addition to traveling with the intent to engage in illicit sexual conduct, Adkins admitted that from September 2017 to May 2018 she frequently sold a portion of her Adderall prescription to her friends and acquaintances. Specifically, Adkins admitted that she sold one close friend five pills of Adderall on March 9, 2018. Adderall is a Schedule II controlled substance.
The Federal Bureau of Investigation (FBI), the West Virginia State Police and the Lawrence County, Ohio Department of Job and Family Services conducted the investigation.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Kristin F. Scott handled the prosecution.
The case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:20-cr-00044.
Follow us on Twitter: SDWVNews and USAttyStuart
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Taos domestic violence organization awarded $570,000 from the Department of Justice for transitional housing servicesRead the Press Release
ALBUQUERQUE, N.M. – The Department of Justice today announced a grant award of $570,000 to Community Against Violence, Incorporated (CAV) of Taos New Mexico to provide transitional housing services to survivors of domestic violence.
“As we approach Domestic Violence Awareness Month, this is welcome news for northern New Mexico,” said John C. Anderson, United States Attorney for the District of New Mexico. “The work of organizations such as Community Against Violence is critical in the network of support for victims of violence, and a key component of that work is assisting survivors with transitional housing. The flexibility of these Department of Justice funds is important as they may be utilized for other support services survivors need to transition to safer lives for themselves and their children.”
The Transitional Housing Assistance Grants for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Program (Transitional Housing Program) assists victims who are homeless or in need of housing assistance and for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. The program support a comprehensive approach to providing transitional housing and support services that move individuals into permanent housing and help them secure employment.
CAV is a non-profit organization located in Taos, New Mexico, a rural region of the state. Through the grant, CAV will provide 20 scattered-site residences for 20 survivors and their families in private housing units. CAV will collaborate with its five partners - the Protective Services Division of the Children Youth and Families Department, Rio Grande Alcohol Treatment Program, Taos Pueblo, Taos County: Inside/Out Recovery, and the Heart of Taos - to provide a victim-centered and multidisciplinary approach to transitional housing needs in the community.
The range of optional support services under this project include rental and utility assistance, case management, safety planning, childcare, transportation, career counseling, financial and credit counseling, support groups, individual counseling, job training, education attainment and housing advocacy.
For more information about CAV, visit their website at https://taoscav.org/.
For more information about this grant, contact the Office on Violence Against Women at (202) 307-6026 and ask for the Outreach and Communications Division.
Supplier in Drug Trafficking Organization Sentenced to 10 Years in Prison for Role in Heroin and Cocaine Trafficking in Bayshore Area of New JerseyRead the Press Release
TRENTON, N.J. – A Union County, New Jersey, man today was sentenced to 120 months in prison for his role as the supplier of large quantities of heroin and cocaine in a narcotics trafficking conspiracy in the Bayshore area of Monmouth and Middlesex counties, U.S. Attorney Craig Carpenito announced today.
Gregory Gillens, 47, of Hillside, New Jersey, previously pleaded guilty before U.S. District Judge Brian R. Martinotti in Trenton federal court to an information charging him with one count of conspiracy to distribute and possess with intent to distribute more than one kilogram of heroin. Gillens also admitted to conspiring to distribute and possess with intent to distribute a quantity of cocaine. Judge Martinotti imposed the sentence today via videoconference.
Today’s sentence follows a coordinated takedown in November 2018 of 15 defendants charged in a federal criminal complaint with conspiracy to distribute heroin and cocaine. To date, 12 defendants have pleaded guilty, including lead defendant Guy Jackson. Defendant Deberal Rogers has been indicted.
According to documents filed in this case and statements made in court:
From May 2017 to November 2018, Gillens and others engaged in a narcotics conspiracy that operated in the Raritan Bayshore region of Middlesex and northern Monmouth counties.
Through the interception of telephone calls and text messages pursuant to court-authorized wiretap orders, controlled purchases of heroin and cocaine, the use of confidential sources of information, and other investigative techniques, law enforcement officers learned that Gillens regularly supplied large quantities of heroin and cocaine for further distribution, including to co-defendant Jackson. Some of the heroin distributed by the conspiracy contained fentanyl, a dangerous synthetic opioid.
Pursuant to search warrants executed on the day of Gillens’ arrest or soon thereafter, law enforcement recovered more than $96,000 in cash and more than 600 grams of cocaine from Gillens’ former residence and from inside a vehicle he had previously used to deal narcotics. The vehicle and the cash have been administratively forfeited to the United States.
In addition to the prison term, Judge Martinotti sentenced Gillens to five years of supervised release.
U.S. Attorney Carpenito credited special agents of the FBI, Newark Division, Red Bank Resident Agency, Jersey Shore Gang and Criminal Organization Task Force (including representatives from the Bradley Beach Police Department, Brick Police Department, Howell Police Department, Marlboro Police Department, Monmouth County Sheriff's Office, Toms River Police Department, and Union Beach Police Department) under the direction of Special Agent in Charge George M. Crouch Jr.; special agents of the FBI, Philadelphia Division, Scranton Resident Agency, under the direction of Special Agent in Charge Michael J. Driscoll; the New Jersey State Police, under the direction of Col. Patrick J. Callahan, Superintendent; the Matawan Police Department, under the direction of Chief Thomas J. Falco, Jr.; the Holmdel Police Department, under the direction of Chief John Mioduszewski; the Highlands Police Department, under the direction of Chief Robert Burton; the Monmouth County Prosecutor’s Office, under the direction of Prosecutor Christopher J. Gramiccioni; the Old Bridge Police Department, under the direction of Chief William A. Volkert; the Keansburg Police Department, under the direction of Chief James K. Pigott; the Hazlet Police Department, under the direction of Chief Philip Meehan; and the Aberdeen Police Department, under the direction of Chief Richard A. Derechailo, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Elisa T. Wiygul of the U.S. Attorney’s Office’s Criminal Division in Trenton.
The charges and allegations against the remaining three defendants are merely accusations and they are presumed innocent unless and until proven guilty.
St. Clair County Fraud Ring Charged with Using Stolen Identities in Cell Phone ScamRead the Press Release
East St. Louis, Illinois – Four St. Clair County residents are facing federal fraud charges today
after an East St. Louis grand jury returned a five-count indictment against them. Michael
Henderson, 36, of Fairview Heights, Kyetia Hines, 37, of Belleville, Antoinette Z. Davis, 23, of
Cahokia, and Jasmine Davison, 27, of Cahokia, are accused of devising and participating in a scheme
to defraud Sprint stores in the Metro East using stolen identities.According to the indictment, the four defendants operated their scheme from October 2015 to May
2018, in St. Clair and Madison Counties and elsewhere. They allegedly set up new accounts for
cellular service using the names and social security numbers of other people and then used those
accounts to acquire new cellphones under contract. Instead of using the phones, however, the
defendants allegedly sold them to other cellular retail stores for cash.The indictment alleges that Henderson worked at a Sprint store in Belleville during the conspiracy
and used his position to help facilitate the fraud. Defendants Hines, Davis, and Davison would
allegedly acquire up to four phones at a time and immediately cancel the accounts after the phones
were acquired. The alleged ringleader of the scheme – Tamecia Buckley, 37, of Cahokia – is also
named in the indictment but was charged separately back in July.An indictment is merely a formal charge against a defendant. Under the law, a defendant is presumed
to be innocent of a charge until proven guilty beyond a reasonable doubt to the satisfaction of a
jury.Buckley has already pleaded guilty to wire fraud conspiracy and aggravated identity theft, among
other charges. She is scheduled to be sentenced on Oct. 20. Henderson and Davis appeared in federal
district court yesterday for their initial appearances and pleaded not guilty. Their trial has been
scheduled for Nov. 3. Hines is set to make her initial appearance on Sept. 10. Davison has not yet
been arrested.Each defendant is charged with conspiracy to commit wire fraud and aggravated identity theft. The
conspiracy charge carries a maximum possible sentence of 20 years imprisonment and a $250,000 fine.
Aggravated identity theft is punishable by a mandatory sentence of two years,
which must run consecutively to any other sentence imposed.The investigation of this case was conducted by the United States Postal Inspection Service
and the Cahokia Police Department.
South Texas woman sent to prison for human smuggling while on bondRead the Press Release
CORPUS CHRISTI, Texas - A 23-year-old Edinburg woman has been sentenced to federal prison for multiple conspiracies of transporting illegal aliens, announced U.S. Attorney Ryan K. Patrick.
Today, U.S. District Judge David S. Morales ordered Joceline Esmeralda Garcia to serve a total of 51 months in federal prison to be immediately followed by three years of supervised release. At the hearing, the court heard how Garcia recruited, facilitated or directed more than five individuals to transport undocumented aliens, often in the enclosed trunks of vehicles. In one instance, humans had been concealed within wooden furniture in a U-Haul van.
Garcia had pleaded April 17, 2019, to an alien smuggling conspiracy involving seven smuggling events and 18 undocumented aliens. While on bond pending sentencing in that case, Garcia continued to lead a subsequent alien smuggling conspiracy involving three human smuggling events and eight additional undocumented aliens.
Garcia has been and will remain in custody pending transfer to a Bureau of Prisons facility to be determined in the near future.
Customs and Border Protection conducted the investigation. Assistant U.S. Attorney Reid Manning is prosecuting the case.
Six Facing Federal Charges for Crimes Committed During Protests Throughout South CarolinaRead the Press Release
Columbia, South Carolina --- United States Attorney Peter M. McCoy, Jr. announced today that six people are facing federal charges for participating in actions including arson, inciting riots, and other civil disorder in Columbia and Charleston, South Carolina, on May 30 and 31, 2020.
Following George Floyd’s death in Minnesota on May 25, 2020, protestors in Columbia and Charleston joined to peacefully demonstrate against racism and the use of excessive force by law enforcement. While the large majority of participants exercised their First Amendment rights in a lawful manner, others engaged in violent criminal acts and threatened public safety, including assaulting citizens and law enforcement officers and vandalizing and destroying public and private property.
“On May 30, 2020, violent agitators disrupted and distracted from peaceful protests in Columbia and Charleston and committed violent acts against citizens and law enforcement officers, vandalizing businesses and destroying public property,” said U.S. Attorney McCoy. “This is unacceptable and crosses a line, and this office will always stand up for law and order. We worked diligently with our federal, state, and local law enforcement partners to identify, arrest, and prosecute the individuals whose violence, vandalism, and destruction violated federal law. By escalating and inciting violence, these individuals interfered with the legitimate forms of expression and Constitutionally protected activity.”
“The FBI remains committed to safeguarding the Constitutional rights of our citizens, including the right to peacefully protest,” said Jody Norris, FBI Special Agent in Charge. “We are equally committed to investigating individuals who are inciting violence and engaged in other criminal activity. We support our state, local and federal partners in maintaining the safety of the communities we serve.”
“Over the last several months, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), has maintained a strong and productive relationship with our law enforcement partners, and shared the goal of quickly identifying and apprehending those that promoted violence and criminal acts during periods of peaceful protests,” said Vincent Pallozzi, ATF Special Agent in Charge. “We’ve successfully worked hand-in-hand to share resources, build cases, and bring to justice a number of violent individuals who posed a serious threat to our communities and businesses.”
In the last week, federal law enforcement authorities in the District of South Carolina have charged six individuals for crimes committed during demonstrations throughout South Carolina, including arson, inciting a riot, and civil disorders. Some of those defendants have agreed to plead guilty to the charged crimes. According to public documents filed with the federal district court, the following defendants have recently been charged with, or agreed to plead guilty to, the following federal crimes:
- Abraham Jenkins, 26, of Charleston, has agreed to plead guilty to civil disorders related to the violence and destruction on May 30, 2020.
- Kelsey Jackson, 28, of Charleston, has agreed to plead guilty to arson of a Charleston Police Department patrol car on May 30, 2020.
- Tearra Guthrie, 23, of Charleston, has agreed to plead guilty to civil disorders related to the violence and destruction on May 30, 2020.
- Orlando King, 31, of North Charleston, has agreed to plead guilty to a violation of the Anti-Riot Act related to the violence and destruction on May 30, 2020, and to being a felon in possession of a firearm stemming from an unrelated incident on April 25, 2020.
- Karlos Gibson-Brown, 24, of Columbia, has agreed to plead guilty to being a felon in possession of a firearm and ammunition for a riot-related incident on May 31, 2020.
- Marcello Woods, 28, of Columbia, has been charged with destroying a Columbia Police Department vehicle by means of fire for riot-related conduct on May 30, 2020.
Woods was arraigned in federal court Thursday, while court dates for the remaining defendants have not been scheduled. Several of the charges carry significant maximum prison sentences. For example, arson is punishable by up to 20 years in prison. Civil disorder and inciting a riot both carry a maximum possible penalty of five years imprisonment.
These cases are being investigated by the FBI, ATF, Charleston Police Department, Columbia Police Department, Richland County Sheriff’s Department, and South Carolina Law Enforcement Division (SLED). Numerous other local police departments and Solicitors’ Offices across the state have assisted in these investigations. The U.S. Attorney’s Office for the District of South Carolina continues to evaluate other cases for potential federal prosecution.
The charges in these cases are only accusations of a crime, and defendants are presumed innocent unless and until proven guilty.
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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
kelsey_jackson_cpd_footage.pdf- Abraham Jenkins, 26, of Charleston, has agreed to plead guilty to civil disorders related to the violence and destruction on May 30, 2020.
Sioux Falls Man and Woman Sentenced in Methamphetamine Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that two Sioux Falls, South Dakota, individuals convicted of Conspiracy to Distribute a Controlled Substance were sentenced on August 25, 2020, by U.S. District Judge Lawrence L. Piersol.
Tyler Justin Hausten, a/k/a “Red”, age 40, was sentenced to 126 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Tara Lynn Clark, age 35, was sentenced to 110 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Hausten and Clark were indicted by a federal grand jury on March 3, 2020. Hausten pled guilty on May 21, 2020, and Clark pled guilty on June 3, 2020.
The conviction stemmed from incidents beginning on an unknown date and continuing until on or about March 2020, when both Hausten and Clark reached an agreement or came to an understanding to distribute 500 grams or more of methamphetamine in the District of South Dakota. Methamphetamine is a Scheduled II controlled substance. They voluntarily joined in the agreement and knew the purpose of the understanding.
Law enforcement conducted a traffic stop on Hausten’s and Clark’s vehicle on November 3, 2019. A search of the vehicle took place and law enforcement located in excess of 500 grams of methamphetamine.
This case was investigated by the South Dakota Division of Criminal Investigation, Sioux Falls Police Department, and the South Dakota Highway Patrol. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Hausten and Clark was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man and Woman Sentenced in Fentanyl Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that two Sioux Falls, South Dakota, individuals convicted of Conspiracy to Distribute a Controlled Substance were sentenced on June 8, 2020, and August 31, 2020 respectively, by U.S. District Judge Karen E. Schreier.
Randi Nicole Sterud, a/k/a Randi Gunn, age 20, and Cade Marcus Wignes, age 21, were both sentenced to 37 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Sterud and Wignes were indicted by a federal grand jury on November 5, 2019. Sterud pled guilty on March 19, 2020, and Wignes pled guilty on June 8, 2020.
The convictions stemmed from conduct in 2019, when Sterud and Wignes conspired to distribute 40 grams or more of a mixture and substance containing fentanyl in the District of South Dakota. Fentanyl is a Scheduled II controlled substance.
This case was investigated by the Department of Homeland Security, the Sioux Falls Area Drug Task Force, and the South Dakota Highway Patrol. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Sterud and Wignes were immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on August 31, 2020, by U.S. District Judge Karen E. Schreier.
Apiemi Kebaso, Jr., age 31, was sentenced to 120 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Kebaso was indicted by a federal grand jury on May 8, 2018. He pled guilty on June 15, 2020.
The conviction stemmed from on or about March 19, 2018, when Kebaso knowingly and intentionally possessed with intent to distribute 50 grams or more of methamphetamine (actual) in the District of South Dakota. On that date, he had in his possession 150.1 grams of methamphetamine, which was 97 percent pure, resulting in him possessing 145.5 grams of pure methamphetamine. Kebaso intended to distribute some or all of this methamphetamine to others.
This case was investigated by the Drug Enforcement Administration and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Kebaso was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Charles Little Bear, Jr., age 54, was indicted on July 20, 2020. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 2, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between on or about July 19, 2019, and April 9, 2020, Little Bear, a person required to register under the Sex Offender Registration and Notification Act, failed to register and update his registration.
The charge is merely an accusation and Little Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Little Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Simsbury Man Sentenced to 37 Months in Federal Prison for Illegally Possessing and Using ExplosivesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that DAVID BOURNE, 38, of Simsbury, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 37 months of imprisonment, followed by three years of supervised release, for illegally possessing and using explosives.
According to court documents and statements made in court, on December 6, 2018, Connecticut State Police responded to Rory Mocarsky’s residence in Hartland after reports of gunfire and explosions at the property, and after viewing a YouTube video showing Mocarsky and Bourne engaged in activities involving firearms and explosives. A search of the property revealed an 8mm rifle, three .22 caliber rifles, a suspected homemade silencer, ammunition, a suspected improvised explosive device (“IED”), suspected post-blast IED devices and fragments, suspected explosive materials, and other electronic devices. A related search of a location in the Tunxis State Forest in East Hartland, where Mocarsky and Bourne had recorded explosions, revealed metal fragments, a section of PVC pipe, and PVC pipe fragments from a suspected IED.
On January 2, 2019, Bourne threw a pipe bomb, which he constructed, into the back of a victim’s truck, where it exploded.
Bourne was arrested on May 9, 2019. On September 24, 2019, he pleaded guilty to one count of possession of an unregistered destructive device.
Bourne, who is released on a $50,000 bond, is required to report to prison in 60 days.
On July 2, 2019, Mocarsky pleaded guilty to one count of possession of firearms by a convicted felon. He awaits sentencing.
This matter has been investigated by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco Firearms and Explosives, and Connecticut State Police. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Sacramento Man Sentenced to 14 Years in Prison for Sex TraffickingRead the Press Release
SACRAMENTO, Calif. — Jaquorey Rashawn Carter, 24, of Sacramento, was sentenced today by Senior U.S. District Judge William B. Shubb to 14 years in prison for sex trafficking of a child, United States Attorney McGregor W. Scott announced.
According to evidence presented at a February 2020 jury trial, between 2013 and October 2018, Carter used a minor female and other adult women to work as prostitutes for him. As part of Carter’s pimping operation, he put the minor victim and other adult women in motel rooms and had them engage in prostitution on the street in order to make money from their prostitution activity. Carter ran his pimping operation in Sacramento, Stockton, Oakland, Sunnyvale, and Santa Ana.
In 2013, Carter began recruiting a then-14-year-old girl to work as a prostitute for him. In the years that followed, Carter took that minor victim to other cities where he would rent motel rooms in which the victim engaged in acts of prostitution. Carter continued to be involved in the use of this victim for acts of prostitution until 2018.
Evidence presented at the jury trial also showed that Carter had been arrested or contacted by law enforcement while he was transporting women to or from his illegal business opportunities. In September 2018, a federal judge authorized the wiretap of Carter’s cell phone. Sacramento-based task force agents then intercepted calls demonstrating that Carter was actively recruiting, harboring, transporting, and managing several women engaged in prostitution throughout California.
This case is the product of an investigation by the Federal Bureau of Investigation, the California Department of Justice’s Special Operations Unit, and the Sacramento Police Department. The California Highway Patrol, Sacramento Sheriff’s Department, and the Sacramento District Attorney’s Office assisted in the investigation. Assistant U.S. Attorneys Brian A. Fogerty and Jason Hitt prosecuted the case.
Rochester Drug Trafficking Organization Member Going to Prison for 25 Years for Murdering Rival Drug DealerRead 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 Jonathan Cruz-Carmona, a/k/a Tapon, a/k/a Eneno, 29, of Rochester, NY, who was convicted of murder with a firearm in furtherance of drug trafficking crime, was sentenced to serve 25 years in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Katelyn M. Hartford, Cassie M. Kocher, and Robert A. Marangola, who handled the case, stated that between 2015 and January 29, 2018, the defendant was a member of a Rochester drug trafficking organization run by co-defendant Carlos Javier Figueroa. The organization was responsible for selling cocaine and heroin in Rochester in the areas of Clinton Avenue, Burbank Street, LaForce Street, and Conkey Avenue. Carmona packaged, sold, and distributed quantities of cocaine and heroin, and acted as an enforcer to protect the interests of the organization.
On September 12, 2016, the defendant observed Walter Ross, a rival drug dealer, in the area of Clinton Avenue and Burbank Street in Rochester. Carmona had previously warned Ross not to sell drugs in that neighborhood because it was part of the Figueroa organization’s territory. At the direction of Carlos Javier Figueroa, the defendant approached the car Ross was sitting in at the corner of Clinton Avenue and Burbank Street, and shot several times through the window, striking and killing Ross.
“This senseless murder of one drug dealer killing another is sadly all too common,” stated U.S. Attorney Kennedy. “The human loss and havoc wrought by illicit drug dealing can hardly be overstated. My Office will remain steadfast in our commitment to uphold the rule of law and aggressively to prosecute those who deal drugs and engage in violence. While these violent drug dealers do what they do with the express purpose of destroying the lives of both their customers and their rivals, we, together with our law enforcement partners, do what we do as part of an effort to protect, preserve, and enhance the quality of life for all of the residents of our District.”
Charges remain pending against Carlos Javier Figueroa. The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greece Police Department, under the direction of Chief Patrick Phelan; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Eduardo Payan.
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Rapid City Man Sentenced for Attempted Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Attempted Receipt of Child Pornography was sentenced on August 28, 2020, by Jeffrey L. Viken, U.S. District Court Judge.
Logan Gienger, age 26, was sentenced to 5 years in federal prison, followed by 5 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stemmed from an undercover sex trafficking operation conducted during the 2018 Sturgis Motorcycle Rally, targeting internet predators. Gienger was arrested and federally indicted following multiple text messages with a person Gienger believed to be a 14-year-old prostitute, but who was in fact an undercover agent. Gienger requested sexually explicit images from the 14-year-old undercover persona and proceeded to negotiate the time and place he would meet the minor to engage in unlawful sex acts. When Gienger went to the pre-determined location to meet the minor’s pimp, he was instead met by law enforcement agents and placed under arrest
The investigation was conducted by the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Gienger was immediately remanded to the custody of the U.S. Marshals Service.
Raleigh County Man Pleads Guilty to Federal Drug ChargeRead the Press Release
BECKLEY, W.Va. – A Raleigh County man has pled guilty to a federal drug charge. Javon Lampkin, 23, of Stanaford, pled guilty to possession with intent to distribute a quantity of heroin, according to United States Attorney Mike Stuart.
“Heroin has been a source of tremendous pain for too many victims in West Virginia,” said United States Attorney Mike Stuart. “Great work by investigators getting this poison and poison peddler off the streets.”
Lampkin admitted that on September 25, 2018 and September 27, 2018, he sold heroin to a confidential informant working with the Beckley/Raleigh County Drug and Violent Crimes Task Force. On March 18, 2020, a car in which Lampkin was a passenger was stopped by law enforcement. Lampkin was found to be in possession of over 36 grams of heroin. The heroin was hidden inside a secret compartment on the interior of his pant leg.
Lampkin faces up to 20 years in prison when he is sentenced on December 21, 2020.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley/Raleigh County Drug and Violent Crimes Task Force.
United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:20-cr-00110.
Follow us on Twitter: SDWVNews and USAttyStuart
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Prince George’s County Man Pleads Guilty to Federal Bank Robbery ChargeRead the Press Release
Greenbelt, Maryland – Donnell Duane Berry, age 44, of Forestville, Maryland, pleaded guilty today to a federal bank robbery charge. Berry also admitted that he committed this crime while on supervised release for a previous federal conviction.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Interim Chief Hector Velez of the Prince George’s County Police Department.
According to his guilty plea, on September 4, 2019, Berry and two other individuals committed the robbery of a bank in Lanham, Maryland. Berry, who had previously committed a robbery at this same location, wrote the demand note and provided it to his co-defendant, who entered the bank and provided the demand note to the teller, while Berry and the third individual waited in the getaway car. In fear for her life, the victim teller gave the co-defendant over $4,000 in cash along with a GPS tracker. The co-defendant took the cash and fled the bank, getting into the waiting getaway car.
As detailed in the plea agreement, a short time later police located the getaway car, which was disabled in an intersection approximately five miles from the bank. Berry and the other robbers attempted to run away from police, but were all subsequently apprehended. Officers recovered the following items from a bin underneath the deck of a house near the intersection: the hat worn by the co-defendant during the robbery; the co-defendant’s wallet; and $3,050 in cash, which still had the bank’s GPS tracker in it. Near the wood line several yards east of the intersection officers also recovered a black and gray backpack with Berry’s identification and credit cards in it.
Berry and the government have agreed that, if the Court accepts the plea agreement, Berry will be sentenced to between 144 and 204 months in federal prison. U.S. District Judge George J. Hazel has scheduled sentencing for December 16, 2020 at 10:00 a.m.
United States Attorney Robert K. Hur commended the FBI and the Prince George’s County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Erin B. Pulice and Dwight Draughon, who are prosecuting the case.
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Possession of Cocaine and Firearm Sends Shreveport Man to Federal PrisonRead the Press Release
SHREVEPORT, La. – Kentrell Demarcia Turner, 28, of Shreveport, Louisiana, was sentenced today in federal court, Acting United States Attorney Alexander C. Van Hook announced. Turner was sentenced by U.S. District Judge S. Maurice Hicks, Jr. to 87 months (7 years, 3 months) in prison, followed by 3 years of supervised release, for possession of cocaine with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime.
On February 23, 2018, a Shreveport Police Department officer observed a vehicle in a parking lot with smoke plumes exiting an open window that resembled the smell of marijuana. When the officer approached the vehicle, the driver, Kentrell Demarcia Turner, exited and stood near the open driver side door. The law enforcement officer observed a large plastic baggie containing marijuana and a black semi-automatic handgun on the driver’s side floorboard. Turner was taken into custody and admitted that the marijuana belonged to him. While inventorying the vehicle, officers also located a bag containing 33.09 net grams of cocaine in the vehicle and found that the handgun on the driver’s side floorboard was loaded with 13 rounds of ammunition.
While at the Shreveport City Jail, law enforcement officers searched Turner and removed 200.8 gross grams of powder cocaine from a body cavity. The suspected cocaine was examined by the North Louisiana Criminalistics Laboratory and tested positive as cocaine.
Turner has previous felony convictions for possession of Schedule II narcotics in 2011 and 2012. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of a firearm or ammunition.
The ATF and the Shreveport Police Department conducted the investigation. Assistant U.S. Attorney Brandon B. Brown prosecuted the case.
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Operation X-Nation: New York Man Pleads Guilty to Federal Drug CrimeRead the Press Release
BLUEFIELD, W.Va. – A New York man pled guilty today for his participation in a drug trafficking organization (DTO) in Mercer County, announced United States Attorney Mike Stuart. James Walker, 43, pled guilty to conspiracy to distribute cocaine, oxymorphone, oxycodone and hydromorphone. Walker was charged as a result of a long-term, multi-state investigation known as Operation X-Nation. As part of the plea agreement, Walker also agreed to forfeit $150,000, which represents proceeds generated from his drug trafficking activity.
“The diversion of prescription opioids has devastated our southernmost counties,” said United States Attorney Mike Stuart. “We are holding pill pushers like Walker accountable through criminal prosecution and forfeiture of illegal proceeds.”
Walker admitted that between August 2017 and August 31, 2019, he participated in a DTO operating in Mercer County. During this time, Walker worked with other members of the DTO to distribute prescription pills and cocaine in and around Mercer County. More specifically, Walker admitted to facilitating drug transactions with people he now knows were working with law enforcement as confidential informants, who would call him to purchase drugs. Walker would then direct the informant to one of several trailers he owned in different trailer parks in Mercer County. Once the informants arrived at the trailer park, Walker would then direct them to meet with a particular member of the DTO to purchase the drugs. Walker and other members of the DTO also had telephone calls intercepted by law enforcement. In these calls Walker and others were discussing drug transactions including the pricing and quantities of different substances. Walker further admitted that he was arrested in New York after having calls intercepted by law enforcement. At the time of his arrest, Walker was in possession of approximately 1,500 prescription pills that he intended to distribute. He also was arrested in Princeton on January 10, 2020. At that time Walker was driving a car that had a hidden mechanical trap that he admitted was used to transport controlled substances.
Walker faces up to 20 years in federal prison and $1 million fine, to be followed by at least three years of supervised release, when he is sentenced on December 14, 2020.
The investigation was conducted by the Drug Enforcement Administration (DEA) and the Southern Regional Drug and Violent Crime Task Force, which is composed of officers from the West Virginia State Police, the Mercer County Sheriff’s Department, the Princeton Police Department and the Bluefield Police Department.
Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Timothy D. Boggess is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:19-cr-00307.
Follow us on Twitter: SDWVNews and USAttyStuart
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Operation Legend: Case of the DayRead the Press Release
Tennessee: Memphis Man Charged with Federal Firearms Offense
Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend. Today’s case is out of the Western District of Tennessee. Operation Legend launched in Memphis on Aug. 6, 2020, in response to the city facing increased homicide and non-fatal shooting rates.
United States vs. DeQuan Johnson
"Prohibited persons in possession of firearms or ammunition, such as convicted felons, persons with histories of domestic violence, and unlawful users of illegal narcotics present a known and immediate risk of violence to the community at large,” said U.S. Attorney D. Michael Dunavant for the Western District of Tennessee. “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 by interrupting the shooting cycle and holding trigger-pullers accountable. As long as this indiscriminate and senseless violence rules the streets, we will use the resources of Operation Legend and the authority of federal charges to incapacitate these community predators, reduce violent crime rates, and ultimately save lives."
DeQuan Johnson, of Memphis, was charged on Aug. 25, 2020, with unlawful possession of a firearm by a drug user.
According to the charging document, in January 2020, the ATF assisted the U.S. Marshals Service(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 Nov. 24, 2019.
It is alleged that on Nov. 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 their home, 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 Jan. 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.
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 St. Louis. Since its inception, Operation Legend has yielded more than 2000 local, state, and federal arrests, with approximately 476 defendants charged with federal crimes.
Operation Legend: Case of the DayRead the Press Release
Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend. Today’s case is out of the Western District of Tennessee. Operation Legend launched in Memphis on Aug. 6, 2020, in response to the city facing increased homicide and non-fatal shooting rates.
United States vs. DeQuan Johnson
"Prohibited persons in possession of firearms or ammunition, such as convicted felons, persons with histories of domestic violence, and unlawful users of illegal narcotics present a known and immediate risk of violence to the community at large,” said U.S. Attorney D. Michael Dunavant for the Western District of Tennessee. “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 by interrupting the shooting cycle and holding trigger-pullers accountable. As long as this indiscriminate and senseless violence rules the streets, we will use the resources of Operation Legend and the authority of federal charges to incapacitate these community predators, reduce violent crime rates, and ultimately save lives."
DeQuan Johnson, of Memphis, was charged on Aug. 25, 2020, with unlawful possession of a firearm by a drug user.
According to the charging document, in January 2020, the ATF assisted the U.S. Marshals Service(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 Nov. 24, 2019.
It is alleged that on Nov. 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 their home, 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 Jan. 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.
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 St. Louis. Since its inception, Operation Legend has yielded more than 2000 local, state, and federal arrests, with approximately 476 defendants charged with federal crimes.
johnson_daquan_memphis_complaint_.pdf
New Bern Medical Doctor Sentenced for Unlawfully Distributing Oxycodone, Money Laundering and Tax EvasionRead the Press Release
NEW BERN, N.C. – A New Bern physician, Dr. Sanjay Kumar, was sentenced today to 240 months in prison for unlawful distribution of oxycodone outside the scope of professional practice and not for a legitimate medical purpose, concealment money laundering, and income tax evasion. The Court ordered that Kumar be placed on a three-year term of supervised release at the conclusion of his term of imprisonment. The Court further order Kumar to pay restitution to the Internal Revenue Service in the amount of $471,758.40 and a criminal fine in the amount of $50,000.
According to court documents and other public information, Dr. Sanjay Kumar, 54, was a physiatrist who operated a small medical office in New Bern, North Carolina, known as “New Bern Medicine and Sports Rehabilitation.” From 2004 through 2011, Kumar treated chronic pain patients with a wide variety of modalities and interventions, including physical therapy, massage, electrical stimulation (TENS), and non-narcotic prescription medications. Kumar was adamantly opposed to the use of opioid narcotics for the treatment of chronic pain and rarely prescribed them to his patients during this period, although he acknowledged that if he began prescribing opioid narcotics indiscriminately, he would have a “line out the door” of individuals “willing to pay him $200 to $300 cash” for a 30-day supply.
In the summer of 2011, Kumar’s business was on the brink of financial collapse after Blue Cross Blue Shield—Kumar’s primary source of insurance reimbursements—terminated his provider contract after discovering excessive billing irregularities. At that point, Kumar began to transition his therapy-based practice into an opioid-based pill mill through which opioid narcotics (primarily oxycodone) were prescribed indiscriminately and indifferently to patients at their first visits, regardless of their etiology and diagnosis, in exchange for $200 cash. By 2012, Kumar had terminated all of his staff and shifted his hours of operation so that his “clinic” was operating from the late afternoon into the evening. Kumar’s prescriptions for Schedule II controlled substances (e.g., oxycodone) skyrocketed. For example, in 2011, Kumar wrote approximately 100 prescriptions for Schedule II controlled substances. Prior to his arrest, between 2013 and 2016, Kumar was writing thousands of narcotic prescriptions year after year. During the offense period, Kumar prescribed in excess of 1.2 million oxycodone pills alone.
After complaints were raised by a number of local pharmacies about Kumar’s prescribing patterns, a multi-agency task force, consisting of local, state, and federal law enforcement, was formed in 2014 to conduct an investigation. Among other things, agents observed patients lining up at Kumar’s office door before he opened for business and then leaving in large groups at the same time. Kumar would often leave at the same time as patients, following them, while others remained back at the office waiting. A pole camera recording device was installed nearby, only to be obstructed at Kumar’s direction by patients in exchange for “free visits” that concluded with narcotics prescriptions. At trial, former patients testified that Kumar would accept cash as the only form of payment, each visit costing $200. Every patient received a prescription for oxycodone or controlled substances from Kumar at every visit. Patients were put on a “monthly maintenance program” requiring them to come back to Kumar for additional refills. The prescriptions were issued regardless of their history of prior medications, prior treatment, and medical diagnoses. During these visits, Kumar was often observed wearing a handgun.
On June 21, 2016, Kumar was arrested and search warrants were executed at both his residence and business. At the time of his arrest, officers recovered a loaded handgun and three full magazines of ammunition from Kumar. He was also in possession of over $145,000 in United States currency. At his house, law enforcement recovered 35 additional firearms, many loaded with high-capacity magazines, and over 40,000 rounds of ammunition. Investigators also discovered five large duct-taped PVC tubes containing nearly $450,000 in United States currency.
Based on a review of the medical records seized from Kumar’s medical practice, over 97% of the approximately 600 patients who came to Kumar for treatment after June 2011 received a prescription for an opioid narcotic at their first visit. In a typical scenario, the narcotic prescription was given to the patient whether or not they had used or abused opioids in the past, before medical records were obtained or reviewed from prior providers, without the use of a urine drug screen, and without any attempt to provide any alternative forms of treatment.
The financial investigation revealed that in 2013, Kumar stopped keeping financial books and records. Between 2013 and 2016, Kumar made 121 separate cash deposits into a dozen different bank accounts, totaling over $439,000. Kumar would often go to multiple banks, one after another-making deposits, each deposit being less than the required amount to trigger the financial institutions reporting requirement to the United States Department of the Treasury. In addition to his cash deposits, from 2013 to 2016, Kumar used his ill-gotten gains to spend over $175,000 on four vehicles, $70,000 in purchases from Best Buy, $60,000 on real property, and hundreds of thousands in purchases from Amazon. Investigation into Kumar’s federal income tax filings revealed that he had filed fraudulent personal and corporate tax returns for his medical practice during the offense period. Despite having thousands of patient visits per year, during which he charged $200 in cash on average, Kumar reported losses on his returns.
Mr. Higdon commented, “In the summer of 2011 and from that point until now, Dr. Kumar turned his back on the medical profession and on the values of ethics and the principles of human care and decency that govern the behavior of medical professionals. Put more directly, he moved from being a doctor to being a common, ordinary and dangerous drug trafficker.”
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Drug Enforcement Administration’s Tactical Diversion Squad, the Internal Revenue Service-Criminal Investigation (IRS-CI), the New Bern Police Department, the State Bureau of Investigation Diversion and Environmental Crime Unit, and the Craven County Sheriff’s Office investigated the case. Assistant United States Attorneys Adam F. Hulbig and Nick J. Miller prosecuted the case on behalf of the government.
A copy of this press release is located on our website. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:17-CR-5-FL.
Mexican Man Sentenced to Prison for Illegally Reentering the United States After Being Deported Following a Felony ConvictionRead the Press Release
A man who illegally returned to the United States after being deported two times was sentenced today to 21 months in federal prison.
Omar Acosta-Ruiz, age 35, a citizen of Mexico illegally present in the United States and residing in Tama, Iowa, received the prison term after a guilty plea on June 29, 2020, to one count of illegal reentry into the United States after having been deported following a conviction for a felony.
At the guilty plea, Acosta-Ruiz admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Acosta-Ruiz was first deported in August 2009. He was also deported in March 2017 following a conviction in the Northern District of Iowa for illegal reentry, a felony.
On May 29, 2020, Acosta-Ruiz was convicted in Tama County, Iowa, of false imprisonment and assault causing bodily injury. He also has Iowa convictions for operating a motor vehicle while under the influence of alcohol in 2008 and operating a motor vehicle while barred in 2015. Acosta-Ruiz also illegally used the Social Security number of U.S. citizens when he completed employment forms in September 2010 at a business in Sibley, Iowa, and in December 2018 at a business in Malcom, Iowa. Acosta-Ruiz illegally worked at the business in Malcom until his arrest on April 25, 2020, in Tama County, Iowa, on the false imprisonment and assault causing bodily injury charges.
Acosta-Ruiz was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Acosta-Ruiz was sentenced to 21 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Acosta-Ruiz is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-42.
Follow us on Twitter @USAO_NDIA.
Madison County Nurse Pactitioner Pleads Guilty to Healthcare FraudRead the Press Release
Jami L. Mayhew of Glen Carbon, Illinois, pleaded guilty today to a single-count felony information
charging her with healthcare fraud. Facts elicited at the plea hearing established that, from May
30 to June 26, 2017, the 41-year old nurse practitioner knowingly participated in a scheme to
defraud Medicare by performing medically unnecessary visits in nursing homes located in St. Clair
and Madison counties.Mayhew carried out the fraudulent scheme by seeing nursing home residents multiple times, examining
them for only a few minutes at a time, generating progress notes she knew contained
misrepresentations and materially false statements about the services she had performed, and
falsely reporting that her visits met the billing requirements for complex subsequent nursing home
encounters, when in fact they had not.As part of her guilty plea, Mayhew admitted that she knowingly caused 251 false claims to be
submitted to Medicare during the charged timeframe. Medicare paid her employer, General Medicine,
P.C., over $23,000 for those visits. Mayhew, herself, received $27 from the company for each of the
false claims she caused to be submitted, for a total of $6,777.Sentencing is scheduled for Dec. 10, 2020. Healthcare fraud is a felony punishable by up to 10
years in prison and a $250,000 fine. Members of the public who believe they may have information
related to this or any similar schemes involving healthcare fraud in nursing homes are encouraged
to contact law enforcement by calling the HHS fraud hotline at 1-800-HHS-TIPS (1- 800-447-8477) or
by going online at https://oig.hhs.gov/fraud/report-fraud/.The investigation of this case was a collaborative effort conducted by the Department of Health and
Human Services – Office of Inspector General, the Illinois State Police Medicaid Fraud Control
Bureau, the Department of Labor – Office of Inspector General, the Department of Labor
– Employee Benefits and Security Administration, the Federal Bureau of Investigation, the United
States Postal Inspection Service, and the Defense Criminal Investigative Service. The case is being
prosecuted by Assistant U.S. Attorney Nathan D. Stump.Lyon County Man Pleads Guilty to Possessing Child PornRead the Press Release
TOPEKA, KAN. - A Lyon County man pleaded guilty today to possessing child pornography, U.S. Attorney Stephen McAllister said.
Jimmy Dwayne Leger, 26, who used to live in Allen, Kan., and now lives in Kuntz, Texas, pleaded guilty in federal court in Topeka. The investigation began when law enforcement officers used a file sharing program to download child pornography from an IP address in Allen, Kan. They served a search warrant at a house in Allen where they seized electronic devices from Leger’s bedroom. An examiner found 100 videos and 1,200 images of child pornography on an external hard drive.
Sentencing is set for Dec. 15. He could face up to 20 years in federal prison and a fine up to $250,000.
McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
Local man charged with making threat during university Zoom lectureRead the Press Release
HOUSTON – A 19-year-old U.S. citizen residing in Richmond is set to appear in federal court on allegations he made a bomb threat against University of Houston (UH), announced U.S. Attorney Ryan Patrick.
Ibraheem Ahmed Al Bayati is charged with making threats or conveying false information to destroy by means of fire or explosives and making a threat over interstate commerce. He is expected to make his initial appearance before U.S. Magistrate Judge Sam Sheldon today at 2 p.m.
Federal authorities took him into custody late Friday, Sept. 4, upon the filing of a criminal complaint. According to those charges, Al Bayati identified himself as Abu Qital al Jihadi al Mansur and joined a UH student lecture via Zoom on Sept. 2. Shortly thereafter, he allegedly interrupted and said “what does any of this have to do with the fact that UH is about to get bombed in a few days?
According to the criminal complaint, he then uttered an Arabic a phrase that means the “Islamic State will remain.” Al Bayati then allegedly held up his index finger and repeated the phrase. He left the call to the gasps of students, according to the charges.
The complaint further states that Al Bayati’s discussion about the “Islamic State” is a reference to a certain foreign terrorist organization also known as ISIS (Islamic State of Iraq and al-Sham).
In addition, Al Bayati allegedly sought out ISIS supporters online, helped an individual make a “pledge” and, according to Al Bayati, was known as an ISIS recruiter.
If convicted of making threats or conveying false information to destroy by means of fire or explosives, Al Bayati faces up to 10 years in federal prison in addition to a maximum of five years for making a threat over interstate commerce.
The FBI’s Joint Terrorism Task Force conducted the investigation. Assistant U.S. Attorneys Alamdar Hamdani and Steven Schammel of the Southern District of Texas are prosecuting the case with the assistance of Trial Attorney Michael Dittoe in the Department of Justice’s counterterrorism section.
A criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Kyle Man Indicted for Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for two counts of Sexual Abuse of a Minor.
Verlin Old Horse, age 19, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.
The penalty upon conviction is a mandatory minimum term of 30 years in federal prison up to life, and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Old Horse engaging in sexual acts with a female, who had not attained the age of 12 years, between October 12, 2019, and December 9, 2019, at Kyle.
The charges are merely accusations and Old Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Old Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Justice Department Files Friend-of-The-Court Brief in Indiana Supreme Court Supporting Catholic Archdiocese’s First Amendment Rights in Former High School Teacher’s LawsuitRead the Press Release
The Justice Department today filed a friend-of-the-court brief in the Indiana Supreme Court explaining that the First Amendment to the U.S. Constitution gives the Roman Catholic Archdiocese the right to decide for itself who should personify its beliefs, inculcate its teachings, and instruct students at religious high schools affiliated with the Archdiocese. In its brief, the United States explains that three separate aspects of the First Amendment prevent a former Catholic high school teacher from suing the Archdiocese over his termination: the church-autonomy doctrine, the Archdiocese’s right to expressive association, and the ministerial exception — a doctrine recently reaffirmed and clarified by the U.S. Supreme Court in its 7-2 decision two months ago in Our Lady of Guadalupe School v. Morrissey-Berru.
In September 2019, the United States filed a statement of interest in Indiana state trial court arguing that the First Amendment required this lawsuit to be dismissed. The trial court, in May 2020, declined to dismiss the case, instead ordering discovery into Catholic doctrine and its application and into whether the Archbishop is the highest ecclesiastical authority on the matters at issue. The Archdiocese is now asking the Indiana Supreme Court to intervene and dismiss the case.
“Our ancestors arrived on our shores to establish a country where the people would be secure to practice their faiths and to gather freely with their religious communities. To that end, the First Amendment to the United States Constitution protects the right of religious institutions and people to decide what their beliefs are, to associate with others who share their beliefs, and to determine who will teach the faithful in their religious schools,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Let there be no doubt: the Department of Justice will continue to defend the First Amendment rights to believe, worship and associate in a manner that respects the dignity and choice of all individuals.”
“There is no more fundamental constitutional principle on the proper relationship between church and state than that the government must leave religious decisions to religious organizations,” said U.S. Attorney Josh Minkler for the Southern District of Indiana.
This case stems from a directive issued by the Archdiocese to Cathedral High School, a Catholic school in Indianapolis. The Archdiocese told Cathedral that the school’s continued employment of a teacher in a public, same-sex marriage in contradiction to Catholic teachings on marriage would result in Cathedral’s forfeiture of its Catholic identity. After much deliberation, the school terminated the teacher. The teacher then filed suit against the Archdiocese, claiming the directive to Cathedral interfered with his employment and his contractual relationship with the school.
The United States explains in its brief that the First Amendment prevents courts from impairing the constitutional rights of religious institutions. The former teacher’s lawsuit attempts to penalize the Archbishop for determining that schools within the Archdiocese cannot employ teachers in public, same-sex marriages, and simultaneously identify as Catholic. U.S. Supreme Court precedent makes clear that the First Amendment protects the Archdiocese’s right to this form of expressive association, just as it protects a wide array of non-religious expressive association from membership in the NAACP to the Boy Scouts, and courts cannot interfere with that right.
The brief also makes clear that, under the church-autonomy doctrine, courts cannot second-guess how religious institutions interpret and apply their own religious laws. U.S. Supreme Court precedent has long held that the “First Amendment requires civil courts to refrain from interfering in matters of church discipline, faith, practice and religious law.”
Additionally, as the brief explains, the ministerial exception grounded in the Religion Clauses of the First Amendment and elaborated on by the U.S. Supreme Court’s decision in Our Lady of Guadalupe School, shields from judicial review the Archdiocese’s direction to Cathedral (or else lose its Catholic affiliation) to terminate the employment of a high-school teacher such as Payne-Elliott, who has an important role in fulfilling the Church’s mission to pass on its faith to the next generation.
The United States takes no position on the other issues raised by the Archdiocese on appeal.
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together Department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
Judge sentences Florissant man for distribution of fentanyl causing deathRead the Press Release
ST. LOUIS – United States District Judge Rodney W. Sippel sentenced Raymond L. Young, today, to 216 months in prison. The 35-year-old Florissant, Missouri resident, pleaded guilty to two counts of distribution of a controlled substance.
In December 2018, Florissant Police responded to the 2300 block of Palomino and found a person, J.S., unresponsive. Police took J.S. to a hospital where doctors pronounced him dead. After a medical examiner’s investigation, the medical examiner determined J.S. died as a result of ‘fentanyl and acetyl fentanyl intoxication.’ Police also learned that another individual, L.M., had been with J.S. that same evening, and that L.M. was involved in an automobile crash after leaving J.S. L.M. was determined to be overdosing and, after officers administered Narcan, he was taken to a hospital where his blood work revealed the presence of fentanyl and acetyl-fentanyl. Through their subsequent investigation, police learned that J.S. and L.M. had used what they thought was cocaine that evening after a friend had purchased it from Raymond Young.
On February 6, 2019, officers executed a search warrant at Raymond Young’s residence in the 3600 block of Browning. Officers located Raymond Young in the residence, and recovered a drug ledger, marijuana, $124,538.00 in currency and approximately one ounce of heroin. Young subsequently admitted to selling the controlled substance which both J.S. and L.M. ingested, causing J.S.’ death and L.M.’s serious illness.
The Florissant Police Department investigated this case. Assistant United States Attorney Sirena Wissler handled this case for the U.S. Attorney’s Office.
Jacksonville Elementary School Teacher Arrested and Charged with Distribution of Child Sexual Abuse VideosRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Thomas Lester Hazouri, Jr. (40, Jacksonville Beach) has been arrested and charged by federal criminal complaint with distributing child pornography. Hazouri faces a minimum mandatory penalty of 5 years, and up to 20 years, in federal prison, a $250,000 fine, and a potential life term of supervised release. Hazouri has been detained pending a hearing scheduled for September 11, 2020.
According to the
complaint , MediaLab, the company that hosts the Kik online messaging application (“app”), notified the National Center for Missing and Exploited Children (NCMEC) that one of its users, identified by user name “mybfsgaynotme,” had uploaded suspected child sexual abuse videos on March 26, 2020, using an account whose subscriber information included the email address “[email protected].” Further investigation by the Jacksonville Sheriff’s Office revealed the internet protocol address used to distribute these videos on Kik resolved to the residence of Thomas Lester Hazouri, Jr. in Jacksonville Beach. JSO determined that Hazouri was a second grade teacher assigned to Mayport Elementary School in Jacksonville.A search warrant was issued for the Kik account for user “mybfsgaynotme,” and this account contained 19 images and 45 videos that depicted child sexual abuse. On August 6, 2020, JSO detectives and other personnel executed a search warrant at Hazouri’s residence and seized an Apple iPhone XR, as well as two laptop computers. Forensic examination of the iPhone revealed that it contained 123 images and three videos depicting child sexual abuse, including depictions of very young children. The email address “[email protected]” originally reported to NCMEC in March 2020 was the email address used for the Gmail, Tinder, and Uber accounts on this iPhone. JSO detectives observed a tattoo on Hazouri’s wrist that matched the tattoo shown in a photo of a male masturbating that was recovered from the Kik account for user “mybfsgaynotme.” JSO also confirmed that a particular rug pictured in a photo recovered in this same Kik account matched an actual rug in Hazouri’s classroom at Mayport Elementary School. On August 19, 2020, JSO officers arrested Hazouri in Jacksonville.
On August 27, 2020, JSO and the FBI confirmed that on March 26, 2020, the Kik user of the “mybfsgaynotme” account distributed at least four videos depicting child sex abuse to several other Kik users.
This case was investigated by the Jacksonville Sheriff’s Office, the Federal Bureau of Investigation, and the Duval County School Police Department. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
Anyone with information regarding this investigation should contact the FBI Jacksonville office at 904.248.7000.
This is another case 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.
Guatemalan Man Sentenced to Prison for Illegally Reentering the United States After Being Deported Following a Felony ConvictionRead the Press Release
A man who illegally returned to the United States after being deported was sentenced today to three months in federal prison.
Marcos Guico-Macario, age 43, a citizen of Guatemala illegally present in the United States and residing in Toledo, Iowa, received the prison term after a guilty plea on July 15, 2020, to one count of illegal reentry into the United States after having been deported following a conviction for an aggravated felony.
In a plea agreement, Guico-Macario admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Guico-Macario was deported in February 2003 following a May 2001 conviction in the District Court for Finney County, Kansas, for attempted aggravated indecent liberties with a child, an aggravated felony. Guico-Macario also admitted he illegally used the name and Social Security number of a U.S. citizen when he completed employment forms in September 2018 at a business in Tama, Iowa. Guico-Macario illegally worked at the business using the alias until his arrest on May 24, 2020, in Tama County, Iowa, for providing false identification information.
Guico-Macario was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Guico-Macario was sentenced to 96 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Guico-Macario is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-41.
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Guatemalan Man Sentenced to Prison for Illegally Reentering the United States After Being DeportedRead the Press Release
A man who illegally returned to the United States after being deported was sentenced today to three months in federal prison.
Victor Sajcap-Agreda, age 40, a citizen of Guatemala illegally present in the United States and residing in Allamakee County, Iowa, received the prison term after a guilty plea on July 15, 2020, to one count of illegal reentry into the United States.
At the guilty plea, Sajcap-Agreda admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Sajcap-Agreda was deported in March 2014 following a misdemeanor conviction in the Southern District of Texas for illegal entry into the United States. Sajcap-Agreda most recently came to the attention of immigration agents following his arrest on May 31, 2020, in Allamakee County, Iowa, for operating a motor vehicle while under the influence of alcohol. These charges are still pending.
Sajcap-Agreda was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Sajcap-Agreda was sentenced to 90 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Sajcap-Agreda is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-1017.
Follow us on Twitter @USAO_NDIA.
Grand jury indicts Pevely man for production of child pornographyRead the Press Release
ST. LOUIS – A federal grand jury indicted Timothy Lloyd Blaney for production of child pornography. The 57-year old is a resident of Pevely.
According to court documents, between October 1, 2019 and August 14, 2020, Blaney sexually abused a four-year old child and produced visual depictions of that abuse. Blaney was an acquaintance of the child’s family.
Upon conviction, Blaney faces 15 years to life imprisonment and/or a fine of no more than $250,000. Blaney is presumed innocent until proven guilty.
Law enforcement is requesting community assistance in identifying further victims. Anyone with information is asked to please contact the St. Louis Federal Bureau of Investigation at 314-589-2500.
"The majority of child sex abuse is perpetrated by individuals known to the victim or the victim's family," said Special Agent in Charge Richard Quinn of the FBI St. Louis Division. "In this instance, the young victim fortunately knew to tell her parents what happened. This highlights the importance of parents engaging early with their children about appropriate boundaries."
The Federal Bureau of Investigation and Pevely Police Department investigated this case. Assistant U.S. Attorney Jillian Anderson is handling the case.
Fultondale Doctor Sentenced for Unlawful Drug Distribution and Heath Care Fraud and Demopolis Pharmacist Sentenced for Health Care FraudRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Fultondale doctor to six years in prison for prescribing controlled substances without a legitimate medical purpose and engaging in health care fraud, announced U.S. Attorney Prim F. Escalona, DEA Assistant Special Agent in Charge Clay Morris, and FBI Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Judge Annemarie C. Axon sentenced PAUL ROBERTS, M.D., 48, of Fultondale, Ala., a physician and former co-owner of Southeast Urgent Care (“SEUC”) in Fultondale, following a guilty plea he entered to 16 counts stemming from a June 2019 Second Superseding Indictment. Roberts pled guilty to 12 counts of prescribing controlled substances without a legitimate medical purpose, including allowing unqualified staff such as an X-ray technician, to prescribe controlled substances to patients using prescriptions that Roberts pre-signed. He also prescribed controlled substances to two women, in exchange for, or in an attempt to obtain sexual favors from them. Roberts also pled guilty to a conspiracy and scheme to fraudulently bill Blue Cross Blue Shield for office visits. In addition, he pled guilty to a conspiracy and scheme to fraudulently bill health insurance companies for up to $2.2 million worth of medically unnecessary compounded drugs in exchange for kickbacks. Roberts was also ordered to pay restitution of $2.2 million, a fine of $100,000, and 12 years of supervision following his release from prison. The U.S. Marshals took Roberts into custody at sentencing. As part of the plea agreement, Roberts agreed to relinquish all his medical licenses, including his Alabama medical license.
In a related case, STANLEY REEVES, 62, of Demopolis, Ala., a pharmacist and owner of F&F Drugs in Demopolis, was sentenced to 38 months for one count of conspiring to fraudulent bill health insurance companies for $10.5 million worth of medically unnecessary compounded drugs. Of the $10.5 million, $2.2 million was for compounded drugs prescribed by Roberts. Reeves was also ordered to pay restitution of $10.5 million, pay forfeiture of $900,000, and a fine of $100,000. Reeves paid $400,000 of those amounts at sentencing. As part of the plea agreement, Reeves agreed to surrender his pharmacist license to the Alabama Board of Pharmacy.
“In blatant disregard for the law, these defendants chose greed over patients’ welfare,” said U.S. Attorney Prim Escalona. “This kind of criminal conduct endangers lives in our communities and impacts healthcare costs, and we will continue to prioritize these cases.”
“DEA is committed to bringing to justice those who engage in the dispensing of prescription drugs outside the course of a legitimate medical purpose,” Morris said. “The sentences handed down are a direct result of the hard work put forth by all law enforcement agencies involved. Today justice has been served.”
“Today’s sentence sends a message to all those in the medical field that neither their medical license nor their white lab coats will protect them from the consequences of illegal drug distribution and medical fraud,” Sharp said. “Roberts and Reeves violated both our laws and their solemn oaths as medical professionals and they will now pay for those violations. It is sad to know that while many individuals continue to struggle with serious opiate addiction, this case reveals that such powerful narcotics can sometimes become available for abuse because of the illegal actions of those in the medical community.”
BRETT TAFT, 46, of Tuscaloosa, Ala., is listed as a co-defendant in the compounding drug health care fraud conspiracy and scheme described in the June 2019 Second Superseding Indictment. A trial date has not yet been set.
FBI and DEA investigated the cases. Assistant U.S. Attorneys Chinelo Dike-Minor, Austin Shutt, Kristen Osborne, and Lloyd C. Peeples are prosecuting the case.