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Thursday 3 September 2020
Gilmer County man sentenced for role in a methamphetamine distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Jeremiah Lee Carr, of Glenville, West Virginia, was sentenced today to six months of incarceration to be followed by six months of home detention for his involvement in a methamphetamine distribution operation, U.S. Attorney Bill Powell announced.
Carr, age 33, pled guilty to one count of “Aiding and Abetting Distribution of Methamphetamine in Proximity to a Protected Location” in August 2019. Carr admitted to selling methamphetamine near Glenville State College in September 2018 in Gilmer County.Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Mountain Lakes Drug & Violent Crimes Task Force investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Gilmer County man sentenced for role in a methamphetamine distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Chet Atkins Massey, of Sand Fork, West Virginia, was sentenced today to six months of incarceration to be followed by six months of home detention for his involvement in methamphetamine distribution operation, U.S. Attorney Bill Powell announced.
Massey, age 51, pled guilty to one count of “Aiding and Abetting Distribution of Methamphetamine in Proximity to a Protected Location” in September 2019. Massey admitted to selling methamphetamine near Gilmer County High School in September 2018 in Gilmer County.Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Mountain Lakes Drug & Violent Crimes Task Force investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Fugitive Captured in Hampton Roads Sentenced to PrisonRead the Press Release
NORFOLK, Va. – A North Carolina man was sentenced today to five years in prison for being a felon in possession of a firearm.
According to court documents, in January 2018, witnesses allegedly saw Japree Lortez Brooks, 36, Ahoskie, shoot two people, killing one, outside a club in Gates, North Carolina. Brooks, who is a Bloods gang leader, fled the state and was arrested on a fugitive warrant hiding out in Hampton Roads in possession of a handgun that he had traded for the murder weapon. Brooks is a convicted felon and therefore prohibited from possessing a firearm. During his arrest, Brooks attempted to bribe several of the arresting officers, offering $100,000 to cut him loose. The bribe was recorded on one of the arresting officer’s body-worn cameras.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Robert Schurmeier, Director of the North Carolina State Bureau of Investigation; Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office; and Larry D. Boone, Chief of Norfolk Police, made the announcement after sentencing by Senior U.S. District Judge Robert G. Doumar. Assistant U.S. Attorney William B. Jackson prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-139.
Former Tacoma resident pleads guilty to production of images of child rape and abuseRead the Press Release
(Tacoma) - A former Tacoma resident, who was residing in South Bend, Indiana, at the time of his arrest, pleaded guilty today in U.S. District Court in Tacoma to production of child pornography, announced U.S. Attorney Brian T. Moran. SAMUEL PHILLIPS, 27, faces a mandatory minimum 15 years in prison and up to 30 years in prison when sentenced by U.S. District Judge Benjamin Settle on December 7, 2020.
According to the plea agreement, in March 2018, PHILLIPS was residing in a Tacoma apartment with a child under the age of 5, when he made video recordings of the sexual abuse. PHILLIPS relocated to Indiana in early 2019. His spouse discovered the videos on his phone. PHILLIPS was arrested by South Bend Police, who alerted the Tacoma Police Department. PHILLIPS was charged federally with production of child pornography on April 30, 2019. He is charged in state court with sexual abuse of the child.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The case was investigated by the Tacoma Police Department and FBI, with assistance from the South Bend, Indiana, Police Department.
The case is being prosecuted by Assistant United States Attorney Angelica Williams.
Former Executive Director and Three Contractors of the Mississippi Department of Education Charged with Conspiracy, Federal Bribery, Wire Fraud and Money LaunderingRead the Press Release
Jackson, Miss. – Cerissa Renfroe Neal, 45, of Madison County, David B. Hunt, 54, of Jackson, Tennessee, Joseph Kyles, 51, of Memphis, Tennessee, and Lambert Martin, 59, of Memphis, Tennessee, have been charged in a federal indictment with conspiracy, wire fraud, money laundering and bribery, announced United States Attorney Mike Hurst, Special Agent in Charge Michelle A. Sutphin with the Federal Bureau of Investigation in Mississippi, Special Agent in Charge Neil E. Sanchez with the U.S. Department of Education, Office of Inspector General, and Mississippi State Auditor Shad White.
The indictment, returned by a federal grand jury on February 25, 2020, and recently unsealed by a federal court, charges Cerissa Renfroe Neal, the former Executive Director of the Mississippi Department of Education (“MDOE”), along with her co-defendants Joseph B. Kyles, David B. Hunt, and Lambert Martin, with one count of conspiracy to commit wire fraud and seven counts of wire fraud. The indictment also charges Neal and Kyles with one count of money laundering. Finally, Neal and Kyles are each also charged with three counts of bribery.
“Those who defraud the public’s trust will find themselves standing before a court of law to answer for their wrongs. Public corruption erodes faith in our democracy and decays the very soul of our form of government. Bringing to justice corrupt public officials has always been and remains a high priority of this office, and a personal mission of mine, and we will continue to pursue corruption wherever it may lead,” said U.S. Attorney Hurst.
According to the indictment, Cerissa Neal was the Executive Director of the Mississippi Department of Education during 2013-2016, when she conspired with the three named defendants and other conspirators, to defraud the State of Mississippi and the United States by bid-rigging, false quotes, and altered purchase orders, in order to make money and profit by defrauding the Mississippi Department of Education into awarding contracts and purchase orders at inflated prices, directed to conspirators and their businesses.
The indictment alleges that Neal, using her position within the Mississippi Department of Education, would split contract requests from one contract into multiple, smaller contracts, in order to avoid threshold amounts that would trigger a formal, competitive bidding process. Neal would entertain and advocate for a bid for the contract from one of the three conspirators’ businesses, including The Kyles Company in Memphis, Tennessee (Joseph Kyles), Doc Imaging (also d/b/a as “Hunt Services”) in Jackson, Tennessee (David Hunt), and Educational Awareness in Memphis, Tennessee (Lambert Martin). To meet the Department of Education requirement that such an informal bid have at least two competing vendor quotes for comparison, Neal would obtain false and inflated quotes, by herself and from the other conspirators, designed to make the intended conspirator’s business the lower bid, and to guarantee the award of the contract.
The indictment alleges that conspirators coordinated their submissions to the Department of Education as well as the sharing of the resulting contract payments. After the Department of Education made payment on the rigged contract to the conspirator-owned business, the winning bidder shared some of the money with conspirators, in return for their assistance in rigging the bid and winning the Department of Education contract. In this manner, Neal received more than $42,000 directly or indirectly from her conspirators. Kyles, Hunt, and Martin, through their respective businesses, garnered over $650,000 from the State of Mississippi, including federal funds granted by the U.S. Department of Education to Mississippi.
Hunt, Kyles and Martin will appear for arraignment September 10, 2020, before United States Magistrate Judge F. Keith Ball in Jackson at 2:30 p.m. Neal appeared in court for her arraignment on August 19, 2020, and was released on conditions of bond pending trial.
If convicted, each defendant faces maximum penalties of 20 years in prison for each count charged for conspiracy and wire fraud, and 10 years in prison for each count of money laundering and bribery. Each count also can merit a fine of up to $250,000.
The case has been assigned to Senior U.S. District Judge Tom S. Lee for trial.
U.S. Attorney Hurst commended the work of the Special Agents of the FBI’s Jackson Division and the Office of the Inspector General, United States Department of Education, as well as the Mississippi State Auditor’s Office and the Mississippi State Attorney General’s Office, who investigated the case. The case is being prosecuted by Assistant United States Attorney Theodore Cooperstein.
The public is reminded that an indictment is merely a charge and should not be considered as evidence of guilt. Every defendant is presumed innocent until proven guilty in a court of law.
Florida Man Pleads Guilty to Stealing Van from New York Hospital, Burglarizing Connecticut Post OfficeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that LEON CLINEDINST, 37, formerly of Ocala, Florida, waived his right to be indicted and pleaded guilty today before U.S. District Judge Victor A. Bolden in Bridgeport to one count of burglary of a U.S. Post Office, and one count of interstate transportation of a stolen vehicle.
According to court documents and statements made in court, on the morning of Saturday, January 25, 2020, Clinedinst was discharged from Mount Sinai Hospital in New York City. Shortly after his discharge, Clinedinst stole a hospital van from the Mount Sinai garage and then drove the van to the U.S. Post Office located at 317 West Avenue in Stamford. He then entered the post office, which was closed at the time, through a mail chute. After Clinedinst’s actions triggered the security alarm, a responding law enforcement officer observed Clinedinst exit the front entrance with a large rolling bin filled with unopened packages. Clinedinst was detained, and a search of is person revealed several keys belonging to the post office. A subsequent search of the post office revealed a second large rolling postal bin filled with packages, and damage to the video surveillance security system.
At sentencing, which is not yet scheduled, Clinedinst faces a maximum term of imprisonment of 15 years.
Clinedinst has been detained since January 25, 2020.
This matter is being investigated by the U.S. Postal Inspection Service, the Stamford Police Department, and the New York City Police Department. This case is being prosecuted by Assistant U.S. Attorney Hal Chen.
Federal Grand Jury Indicts Buffalo Man on Felon in Possession ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Denzel Robinson, a/k/a Sparks, 26, of Buffalo, NY, with being a felon in possession of a firearm and ammunition. The charge carries a maximum penalty of 10 years in prison.
Assistant U.S. Attorneys Michael J. Adler and Charles E. Watkins, Jr., who are handling the case, stated that according to the indictment and a previously filed complaint, on April 28, 2020, the Buffalo Police Department executed a search warrant at the defendant’s Sun Street residence. During the search, investigators recovered quantities of suspected cocaine and marijuana; a .22 caliber rifle and ammunition; 9mm caliber ammunition; and 12 gauge ammunition.
In April 2018, Robinson was convicted of Bail Jumping in the Second Degree in Erie County Court. As a result, the defendant is legally prohibited from possessing a firearm and ammunition.
The indictment is the result of an investigation by the Buffalo Police Department, under the direction of commissioner Byron Lockwood; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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FBI Seeking Potential Victims in Jeffrey Pierce InvestigationRead the Press Release
KANSAS CITY, MO. – The FBI is asking for the public’s assistance to identify potential victims in the case of U. S. v Jeffrey Pierce. Pierce, a high school basketball coach at Seaman High School in Topeka, KS, was charged Sept. 2, 2020, with sexually exploiting minors. Using social networking platforms, Pierce is alleged to have contacted his victims while pretending to be a female teenager. He would then solicit explicit photos or videos from the juvenile victims.
Pierce used the following user/vanity names when contacting his victims through Instagram, Snapchat, KiK, and Grinder:
Instagram : addie8651, addiestrode111, Addie Strode, Kennedy Addison Strode
Snapchat : jp131780 (Addilyn), Jordan_reh (Kennedy), Kennedy Lacrone, Jordy Rey Rey, jacy townsend
KiK: jordyreyrey (Addie Strode) (Kennedy)
Grinder: Discreet
Pierce, a 40-year-old U.S. citizen, is currently in federal custody and is charged in the United States District Court for the District of Kansas with two counts of producing child pornography and one count of possessing child pornography.
If you have reason to believe you or your child may be a victim, please email [email protected]. Your response is voluntary but would be useful in the federal investigation and to identify you as a potential victim. Based on the response provided, you may be contacted by the FBI and asked to provide additional information.
The FBI is legally mandated to identify victims of federal crimes that it investigates and provide these victims with information, assistance services, and resources.
Eighth Person Sentenced as A Result of Major Black-Market Marijuana InvestigationRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Fudong Wu, age 40, of Aurora, and a Chinese national and legal permanent resident of the United States, was sentenced to serve 15 months in federal prison, followed by 2 years on supervised release, for maintaining a drug-involved premises. Wu appeared at the sentencing hearing remotely. Wu will voluntariy surrender to the U.S. Bureau of Prisons by October 7, 2020. The Denver Division of the DEA joined in today’s announcement.
According to the stipulated facts in his plea agreement, during the investigation agents learned that an address in Aurora used wattage which was far in excess of normal. They determined that the residence was in Wu and his wife’s name, and had been using excessive electricity from May 2018 to September 2018, indicating that the marijuana grow was present in the home during that period.
On October 10, 2018, agents executed a search warrant at the Aurora residence. Both Wu and co-defendant Hanli Yang lived at the residence since they purchased it in March 2018. Wu and Yang were present when agents entered the residence. The two are married with two children in the home.
In the basement, agents found a marijuana grow with 1,121 marijuana plants in various stages of maturity. Additionally, law enforcement found two pounds of dried marijuana and a notebook with grow notes. The grow was established by Wu, who was primarily responsible for cultivating the marijuana plants. The marijuana was intended for distribution.
Also during the search, agents located a storage locker invoice addressed to Wu. Wu consented to a search of the locker where agents seized $72,081 in cash and additional grow notes. The seized cash was derived from the sale of marijuana cultivated at the residence.
Co-defendant Hanli Yang was previously sentenced to serve 24 months on probation. In total, eight individuals, including Wu, have been sentenced as part of this investigation.
“This sentence is just one of many we expect to result from the investigation that began in 2017 and is still on-going,” said U.S. Attorney Jason Dunn. “These are large-scale commercial growers hiding in plain sight in hundreds of neighborhoods across Colorado. We will continue to search for them, and when we find them we will prosecute to the full extent of the law.”
“This case was part of a larger illicit marijuana distribution network and is another example of how the DEA and our law enforcement partners will not rest while criminals continue to exploit Colorado’s marijuana laws for profit,” said DEA Special Agent in Charge Deanne Reuter. “I want to make it clear that when criminals break the law in our community, the DEA will investigate and prosecute them wherever they’re found.”
The prosecution of Mr. Wu is part of a significant operation into the production and distribution of black market marijuana, first announced on May 24, 2019. (https://www.justice.gov/usao-co/pr/forty-two-individuals-arrested-one-largest-black-market-marijuana-takedowns-colorado)
The sentence was pronounced by U.S. District Court Judge William J. Martinez on September 2, 2020. The guilty plea was entered on December 18, 2019. Wu was indicted by a federal grand jury on February 21, 2019. This case was investigated by the DEA. The defendants were prosecuted by Assistant U.S. Attorney Aaron Teitelbaum.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-083.
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.
Duluth Souvenir and T-Shirt Store Owner Charged with Tax Evasion, Failure to Pay Employment TaxRead the Press Release
United States Attorney Erica H. MacDonald today announced the unsealing of a federal indictment charging SHIMON SHAKED, 56, with tax evasion, failure to file a tax return, and failure to account for and pay employment tax. SHAKED made his initial appearance today before Magistrate Judge Tony N. Leung in U.S. District Court in Minneapolis, Minnesota.
According to the allegations in the indictment and documents filed with the court, SHAKED owned and operated several t-shirt and souvenir shops in Duluth’s Canal Park tourist zone, including I Love Duluth, I Love Duluth 2, Up North-The Good Life, and the Lake Life (the “Duluth Stores”). SHAKED operated the Duluth Stores under a holding company called ALMS18, LLC, which he formed in 2012. Although SHAKED owned, operated, and controlled ALMS18, LLC, he listed his then 18-year old daughter as the nominal owner in order to hide and evade taxes on income he received from the company.
According to the allegations in the indictment and documents filed with the court, SHAKED did not report the revenue and income he earned from the Duluth Stores on his tax returns from 2013-2015; instead, he reported the revenue and income on his daughter’s income tax returns. SHAKED further evaded the assessment of taxes on the income he earned through the Duluth Stores by failing to report the full revenue and income to the Internal Revenue Service (IRS). Specifically, SHAKED reported the credit card sales for the Duluth Stores, but failed to report or pay taxes on the majority of the cash sales on both his daughter’s returns or on his own tax returns. SHAKED used the company’s bank account to pay for personal expenses including child support, an apartment in Duluth, costs associated with attempting to open an alligator farm in Florida, and other personal loans.
According to the allegations in the indictment and documents filed with the court, in 2017 and 2018, SHAKED opened two more souvenir stores, I Love Marquette and I love Frankenmuth, both in Michigan. SHAKED did not file a 2018 tax return. In all, SHAKED failed to report more than $4 million in income from 2013 through 2018. SHAKED evaded and avoided paying more than $800,000 in federal income taxes.
According to the allegations in the indictment and documents filed with the court, SHAKED hired both American and international students to work at both the Duluth Stores and the Michigan Stores. The international students were in the United States on J-1 exchange-visitor visas. J-1 visas are non-immigrant visas for individuals approved to participate in programs that promote cultural exchange, especially to obtain medical or business training within the United States. SHAKED regularly paid some or all of his employees’ wages in cash. In doing so, SHAKED failed to account for and pay over to the IRS some or all of the required federal payroll taxes due and owing for those employees.
This case is the result of an investigation conducted by the Criminal Investigation Division of the IRS.
Assistant U.S. Attorney Joseph H. Thompson and Angela M. Munoz are prosecuting the case.
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defendant Information:
SHIMON SHAKED, 56
Duluth, Minn.
Charges:
- Tax evasion, 5 counts
- Failure to file a tax return, 1 count
- Failure to Account for and Pay Over Employment Tax, 14 counts
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Dominican National Sentenced for Distributing FentanylRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston for distributing fentanyl.
Yokasta Aybar-Soto, 27, was sentenced by U.S. District Court Judge William G. Young to 13 months in prison and one year of supervised release. Aybar-Soto will face deportation proceedings upon completion of his sentence. In June 2020, Aybar-Soto pleaded guilty to one count of distribution of and possession with intent to distribute 40 grams or more of fentanyl and one count of conspiracy to distribute and to possess with intent to distribute 40 grams of more of fentanyl. Aybar-Soto was initially charged by criminal complaint and has been in custody since September 12, 2019.
With a companion, Aybar-Soto sold over 40 grams of fentanyl to an undercover officer in Lawrence on Sept. 12, 2019.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Massachusetts Attorney General Maura Healey; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorney James R. Drabick of Lelling’s Criminal Division is prosecuting the case.
Disbarred Attorney Charged in White Plains Federal Court for Stealing 9/11 Victim Compensation FundsRead the Press Release
Audrey Strauss, Acting United States Attorney for the Southern District of New York, and Kenneth R. Dieffenbach, Special Agent in Charge of the Fraud Detection Office of the Department of Justice Office of the Inspector General (“DOJ-OIG”), announced today the unsealing of a Complaint charging a disbarred attorney with theft of government funds. GUSTAVO L. VILA, the defendant, allegedly stole approximately $1 million that the Department of Justice’s 9/11 Victim Compensation Fund had awarded to the defendant’s client, a 9/11 first responder. The defendant was arrested today and presented in White Plains federal court before United States Magistrate Judge Paul E. Davison.
Acting U.S. Attorney Audrey Strauss said: “As alleged, Gustavo Vila stole money awarded to his client – an NYPD officer and 9/11 first responder – by the 9/11 Victim Compensation Fund. Vila allegedly lied to his client, telling the client for more than three years that the money Vila stole had yet to be released by the Fund. Further, Vila lied to his client about his standing, continuing to hold himself out as an attorney even after he had been disbarred. Now Gustavo Vila has been charged with theft of government funds.”
DOJ-OIG Fraud Detection Office Special Agent in Charge Kenneth R. Dieffenbach said: “Vila allegedly attempted to profit off of the suffering of a retired NYPD officer who risked his life at Ground Zero. Because of Vila’s alleged greed, the victim never received about $1 million he was awarded from the 9/11 Victims Compensation Fund.”
As alleged in the Complaint unsealed today in White Plains federal court[1]:
In the wake of the September 11 terrorist attacks, Congress created the September 11th Victim Compensation Fund (“VCF”) to provide compensation with federal government funds to any individual who suffered physical harm or was killed as a result of the terrorist attacks, or as a result of the debris removal efforts that took place in the immediate aftermath of those attacks. The original VCF operated from 2001-2004. President Obama and President Trump reactivated the VCF, authorizing it to operate through October 2016, and December 2020, respectively. Claimants seeking compensation from the VCF were authorized to work with an attorney and have the attorney, on the claimant’s behalf, submit a claim to, and receive the claimant’s award from, the VCF. An attorney’s fees were limited to 10% of a VCF award.
From at least in or about 2012 through at least in or about 2019, GUSTAVO L. VILA, the defendant, represented a retired New York City Police Department Officer (“Victim-1”) in connection with Victim-1’s claim for compensation from VCF. Victim-1 was diagnosed with, and suffered from, serious, life-threatening medical conditions, including cancer, as a result of rescue and recovery work he performed at Ground Zero. Throughout his representation of Victim-1, VILA held himself out as an attorney to Victim-1 and to VCF, despite the fact that in 2015, VILA was disbarred.
In or about May 2013, GUSTAVO L. VILA, the defendant, submitted a claim to VCF on behalf of Victim-1. VILA also submitted forms to the VCF authorizing the VCF to deposit Victim-1’s compensation award directly into a bank account controlled by VILA’s law firm (the “Bank Account”). On or about September 13, 2016, the VCF authorized an award to Victim-1 of approximately $1,030,622.04.
On or about October 12, 2016, the VCF deposited the full amount of Victim-1’s award into the Bank Account. At that point, VILA was required to distribute all of that money, less 10% for his purported attorney’s fees, to Victim-1. VILA, however, did not distribute any of that money to Victim-1 or otherwise inform Victim-1 about this deposit. Rather, VILA allegedly kept almost the entire amount of that award for himself and used that money for his own personal benefit, including to pay his own taxes. From in or about October 2016 to in or about February 2020, VILA falsely represented to Victim-1 that the VCF had not yet released the majority of Victim-1’s VCF award, when in fact, the entire award had been released for Victim-1’s benefit in October 2016.
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VILA, 62, of Yorktown Heights, New York, is charged with one count of theft of government funds, in violation of Title 18, United States Code, Sections 641 and 2, which carries a maximum sentence of 10 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Ms. Strauss praised the outstanding investigative work of DOJ-OIG’s Fraud Detection Office.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Sarah L. Kushner is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Defendants Sentenced to 20 Years in KCK Meth Lab FireRead the Press Release
KANSAS CITY, KAN. – Two defendants who were arrested after their meth lab caught fire were sentenced today to federal prison, U.S. Attorney Stephen McAllister said.
Orlando Cortez-Nieto, 43, Kansas City, Kan. and Jesus Cervantes-Aguiler, 23, Kansas City, Kan., were sentenced to 20 years each.
During a jury trial in July 2019, the defendants were convicted on charges including conspiracy and possession with intent to distribute methamphetamine.
During trial, prosecutors presented evidence that on Dec. 1, 2017, firefighters responded to a house fire at 2739 Cleveland in Kansas City, Kan. They discovered a methamphetamine conversion lab inside the house. Prosecutors introduced evidence tying the defendants to the drug lab, including a blue spiral notebook in which cash transactions were recorded, as well as multiple receipts and corresponding business surveillance videos showing both defendants purchasing items found in the meth lab.
McAllister commended the Drug Enforcement Administration, Assistant U.S. Attorney Kim Flannigan and Assistant U.S. Attorney Trent Krug for their work on the case.
Dansville Man Arrested, Facing Multiple Child Pornography ChargesRead 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 Cody Burgess, 29, of Dansville, NY, was arrested and charged by criminal complaint with production, receipt, and distribution of child pornography, and possession of child pornography involving prepubescent minors. The charges carry a minimum penalty of 15 years in prison, and a maximum of 30 years in prison.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in July 2019, the National Center for Missing and Exploited Children (NCMEC) received a tip that an individual using the e-mail address “[email protected]” and the username “cody428,” had uploaded two images of child pornography in June 2019. Subsequent investigation traced the e-mail address and user name to the defendant.
On July 30, 2019, the New York State Police executed a search warrant at the defendant’s residence on Van Campen Street in Dansville, and seized an Apple iPad Mini. During a review of the iPad Mini, the two images referenced in the tip to NCMEC were recovered. The iPad Mini also contained a video depicting a prepubescent female changing out of a two piece bathing suit, who appeared to have no knowledge of the fact that she was being video recorded. Another 32 images of child pornography were found on the iPad Mini as well as 41 images of child erotica.
The complaint is the result of an investigation by the New York State Police, under the direction of Acting Major Barry C. Chase, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Cresco Man Indicted for Online Child EnticementRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on September 1, 2020, Earnest Lee Pittman, Jr., age 45, of Cresco, Pennsylvania, was indicted by a federal grand jury on online child enticement charges.
According to United States Attorney David J. Freed, the indictment alleges that between August 4-12, 2020, Pittman used the internet, a computer and a cellular telephone in an attempt to entice an individual under the age of 18 to engage in sexual activities.
The case was investigated by the Federal Bureau of Investigation (FBI) and the Kingston Municipal Police Department. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Convicted felon sentenced for firearms, ammunition possessionRead the Press Release
HELENA — A Helena man who admitted possessing five firearms and ammunition after having been convicted of a felony was sentenced today to 51 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
Colter Joseph Epler, 40, pleaded guilty in June to prohibited person in possession of firearms and ammunition.
U.S. District Judge Sam E. Haddon presided.
In court documents filed in the case, the prosecution said that on June 24, 2019, Epler, a convicted felon on state supervision, possessed five firearms and ammunition at his residence. During a search of Epler's residence by Montana Probation and Parole officers after Epler admitted using alcohol, officers found a firearm in his hamper and four firearms in his garage, along with ammunition of various calibers. Epler was convicted of a felony in Lewis and Clark County in 2013 and was prohibited from possessing firearms and ammunition.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Montana Department of Corrections--Probation and Parole Office.
This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.
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Convicted Felon with Prior Domestic Violence Conviction Sentenced to Federal Prison for Being in Possession of AmmunitionRead the Press Release
Memphis, TN – Daniel Moore, 33, has been sentenced to 30 months in federal prison for being a convicted felon in possession of ammunition. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, on January 28, 2019, at approximately 10:58 PM, Shelby County Sheriff’s Deputies responded to a call at a McDonald’s restaurant on Houston Levee road.
The restaurant manager observed a male, later identified as the defendant Daniel Moore, exiting a light blue Toyota Camry appear to have a seizure. According to the manager, Moore left the doors to the vehicle open and there appeared to be a child in the backseat with no coat, socks or shoes. When officers arrived on the scene, they observed the Toyota Camry occupied by a crying four-year-old female child in the rear-driver seat. The child was later released to the custody of her grandmother.
Officers also observed a non-responsive adult female, 31, in the front driver’s seat. Law enforcement extracted her from the vehicle and administered CPR and Narcan, at which time she started to breathe.When paramedics arrived on the scene, she was transported to Regional One for medical treatment. She was later arrested for the felony offense of child abuse and neglect; however, that charge was dismissed in state court.
Shortly thereafter Moore entered the McDonald’s restaurant and inquired about his daughter and wife. He admitted to law enforcement on body worn camera footage that he and the adult female had just ingested heroin. Officers asked if he had any more heroin in the vehicle. Moore answered "no." Officers also asked Moore for oral consent to search his vehicle, and he gave consent.
Deputies recovered five boxes (100 rounds) of 5.56 ammunition in the glove compartment, which he was attempting to sell. Officers also recovered a used syringe, a spoon containing a small-dirty cotton ball, an electronic scale and a kit containing cotton, alcohol swabs, and tourniquets.
Moore is a prohibited person with eight prior felony convictions and a conviction for a misdemeanor crime of domestic violence. As a result, he is prohibited by federal law from possession of firearms or ammunition.
On June 1, 2020, Moore pled guilty before U.S. District Court Judge Sheryl H. Lipman. On September 3, 2020, Judge Lipman sentenced Moore to 30 Months imprisonment followed by three years supervised release. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said: "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 their families and the community at large. This is exactly the type of dangerous offender that needs to be held accountable for the safety of the community."
The Shelby County Sheriff’s Office and Project Safe Neighborhoods Task Force investigated this case. The Project Safe Neighborhoods (PSN) initiative is 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. In 2017, PSN was reinvigorated as part of the Justice Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Assistant U.S. Attorney Wendy K. Cornejo prosecuted this case on behalf of the government.
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Columbus man sentenced for meth distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Michael Anthony Hill, Jr., of Columbus, Ohio, was sentenced today to 57 months of incarceration for his role in a drug distribution operation, U.S. Attorney Bill Powell announced.
Hill, also known as “Big Mike,” age 25, pled guilty to one count of “Possession With Intent to Distribute 50 Grams or More of Methamphetamine” in November 2019. Hill admitted to distributing more than 50 grams of methamphetamine, also known as “crystal” and “ice,” in November 2018 in Gilmer County. Hill also pled guilty in January 2020 to one count of “Possession With Intent to Distribute 50 Grams or More of Methamphetamine” from a crime that occurred in the Southern District of West Virginia. He was sentenced today for that crime to 57 months of incarceration to run concurrently to the Northern District of West Virginia case.
Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Mountain Lakes Drug & Violent Crimes Task Force investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Colchester Woman Sentenced to Prison for Embezzling $400K from EmployerRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that VICKI MILLER, 57, of Colchester, was sentenced today by U.S. District Judge Kari A. Dooley in Bridgeport to six months of imprisonment, followed by two years of supervised release, for embezzling from her employer.
According to court documents and statements in court today, Miller was employed as a bookkeeper for Greylock Property Group LLC and its owner. Between approximately July 2017 and August 2018, Miller used her access to her employers’ bank accounts to embezzle $413,180 of their money by making withdrawals at ATMs, writing checks to herself, and transferring funds to her own accounts.
Judge Dooley ordered Miller to make full restitution, and to participate in mental health treatment and a gambling addiction treatment program while she is on supervised release.
Miller was arrested on February 13, 2019. On August 23, 2019, she pleaded guilty to one count of wire fraud.
Miller, who is released on a $50,000 bond, is required to report to prison on January 5, 2021.
The investigation was conducted by the Federal Bureau of Investigation with the assistance of the Town of Groton Police Department. The case was prosecuted by Assistant U.S. Attorney Jonathan Francis.
California Man Admits to Securities and Tax Offenses Related to $722 Million Bitclub Network Fraud SchemeRead the Press Release
NEWARK, N.J. – A California man today admitted to conspiring to offer and sell unregistered securities and to subscribing to a false tax return in connection with his role in the BitClub Network, a cryptocurrency mining scheme worth at least $722 million, U.S. Attorney Craig Carpenito announced.
Joseph Frank Abel, 50, of Camarillo, California, pleaded guilty by videoconference before U.S. District Judge Claire C. Cecchi to count two of the indictment, charging him with conspiracy to offer and sell unregistered securities. He also pleaded guilty to a separate information charging him with subscribing to a false tax return for the tax year 2017.
Abel and four codefendants – Matthew Brent Goettsche, Russ Albert Medlin, Jobadiah Sinclair Weeks, and Joseph Frank Abel – were charged by indictment in December 2019.
According to documents filed in this case and statements made in court:
From April 2014 through December 2019, the BitClub Network was a fraudulent scheme that solicited money from investors in exchange for shares of purported cryptocurrency mining pools and rewarded investors for recruiting new investors into the scheme. Abel operated as a large-scale promoter of the BitClub Network. He promoted and sold shares of BitClub Network despite knowing that the network and its operators did not file a registration statement to register shares with the U.S. Securities and Exchange Commission.
Abel admitted taking money from investors in exchange for shares of the BitClub Network’s purported mining pools. In order to promote shares in the BitClub Network’s mining pools, he created and posted videos to the internet and gave presentations and speeches about the BitClub Network throughout the United States and numerous other countries, including in Asia, Africa, and Europe. As part of the conspiracy, Abel instructed investors in the United States to use a virtual private network, or “VPN,” to hide their U.S.-based IP addresses and evade detection and regulation by U.S. law enforcement.
Abel admitted failing to report on a Form 1040 United States Individual Income Tax Return for the tax year 2017 approximately $1 million in cryptocurrency as income he earned from his promotion of the BitClub Network.
The conspiracy charge to which Abel pleaded guilty carries a maximum penalty of five years in prison and a fine of $250,000, or twice the pecuniary gain to the defendant or loss to the victims. The tax charge to which Abel pleaded guilty carries a maximum penalty of three years in prison and a fine of $100,000. Sentencing is scheduled for Jan. 27, 2021.
U.S. Attorney Carpenito credited special agents and task force officers of the FBI Los Angeles Division’s West Covina Resident Agency, under the direction of Acting Assistant Director in Charge John F. Bennett; special agents of IRS - Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark; special agents of the IRS Los Angeles Field Office, under the direction of Special Agent in Charge Ryan L. Korner; the FBI Criminal Investigative Division, under the supervision of Assistant Director Calvin A. Shivers and the Financial Crimes Section, under the leadership of Section Chief Steven Merrill, and members of the Ventura Police Department with the investigation leading to today’s guilty plea.
Anyone who believes they may be a victim can find more information about the case, including a questionnaire for victims to fill out and submit, at: www.justice.gov/usao-nj/bitclub or the Department of Justice’s large case website www.justice.gov/largecases.
The government is represented by Unit Chief David W. Feder, Assistant U.S. Attorneys Jamie L. Hoxie and Anthony P. Torntore of the Cybercrime Unit, and Unit Chief Sarah Devlin and Assistant U.S. Attorney Joseph Minish of the Asset Recovery and Money Laundering Unit, of the U.S. Attorney’s Office in Newark.
The charges and allegations against the other defendants are merely accusations, and they are presumed innocent unless and until proven guilty.
Bridgeport Man Charged with Robbery, Firearm and Carjacking OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, and Stratford Police Chief Joseph McNeil today announced that a federal grand jury in New Haven has returned an indictment charging TYIESE WARREN, also known as “Loose Screw,” 20, of Bridgeport, with robbery, firearm and carjacking offenses.
The indictment was returned yesterday and unsealed today after Warren was arrested. Warren appeared before U.S. Magistrate Judge William I. Garfinkel via videoconference and entered a plea of not guilty to the charges. Warren is detained pending a detention hearing that is scheduled for September 15.
As alleged in court documents and statements made in court, in an effort to address escalating violence in Bridgeport, the FBI, ATF, DEA, U.S. Marshals, Bridgeport Police and other local police departments are actively investigating members of multiple Bridgeport-based groups, including members of the Original North End (“ONE”), a group based in the Trumbull Gardens area of Bridgeport.
It is alleged that, on March 25, 2020, Warren and an accomplice stole a car that was in front of the Citgo 6M Service Station and Quik Mart located at 2000 Barnum Avenue in Stratford. During the theft, they dragged the car’s driver, who was trying to stop the theft and was hanging onto the car, several hundred yards before he let go. Warren and an accomplice then engaged in a carjacking involving a Toyota Corolla in Bridgeport, holding the owner at gunpoint and ultimately driving away in the car. Minutes later, Warren and an accomplice committed a gunpoint robbery of the Citgo in Stratford, taking cash from the store and a cellphone from a store employee. Stratford Police arrested Warren later that night after he crashed another stolen car he was driving on an I-95 on-ramp and then ran from police.
The indictment charges Warren with one count of interference with commerce by robbery, which carries a maximum term of imprisonment of 20 years; one count of brandishing, carrying and using a firearm during and relation to a crime of violence, which carries a mandatory consecutive term of imprisonment of at least seven years; and one count of carjacking, which carries a maximum term of imprisonment of 15 years.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The Warren investigation is being conducted by the FBI’s Safe Streets and Violent Crimes Task Forces, and the Stratford, Stamford, Milford, Waterbury and Bridgeport Police Departments, with the assistance of the ATF, DEA and U.S. Marshals Service. The case is being prosecuted by Assistant U.S. Attorneys Karen L. Peck, Rahul Kale, Peter D. Markle and Jocelyn C. Kaoutzanis.
U.S. Attorney Durham noted that this prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN) program and Project Longevity. PSN is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. Project Longevity is a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to commit violence and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it.
Bridgeport Man Charged with Illegal Gun PossessionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in New Haven returned an indictment yesterday charging ASANTE GAINES, 23, of Bridgeport, with possession of a firearm by a convicted felon.
As alleged in court documents and statements made in court, in an effort to address escalating violence in Bridgeport, the FBI, ATF, DEA, U.S. Marshals, Bridgeport Police and other local police departments are actively investigating members of multiple Bridgeport-based groups, including members of the “Greene Homes Boys” or “Hots” (“GHB/Hots”), a group based in the Charles F. Greene Homes Housing Complex in Bridgeport’s North End. On August 5, 2020, the grand jury returned an indictment charging Gaines and four associates with multiple offenses related to their alleged involvement in a shooting in front of the state courthouse in Bridgeport on January 27, 2020.
The indictment returned yesterday charges Gaines with illegally possessing a loaded Glock 19, 9 millimeter handgun on February 15, 2018. Gaines was arrested on state charges on that date.
It is alleged that Gaines’ criminal history includes state felony convictions for possessing a firearm without a pistol permit, and failure to appear. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
The charge of possession of a firearm by a convicted felon carries a maximum term of imprisonment of 10 years.
Gaines is currently detained.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This ongoing investigation is being conducted by the FBI’s Safe Streets and Violent Crimes Task Forces, ATF, DEA, U.S. Marshals Service, Bridgeport Police Department, Connecticut State Police and the Bridgeport State’s Attorney’s Office, with the assistance of the Connecticut Forensic Science Laboratory and the Waterbury Police Department. The case is being prosecuted by Assistant U.S. Attorneys Jocelyn C. Kaoutzanis, Rahul Kale, Peter D. Markle and Karen L. Peck.
U.S. Attorney Durham noted that this prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN) program and Project Longevity. PSN is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. Project Longevity is a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to commit violence and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it.
Boston Man Charged with Being a Felon in Possession of a Firearm and AmmunitionRead the Press Release
BOSTON – A Boston man was charged yesterday with being a felon in possession of a loaded semi-automatic pistol.
Tyrone Goforth, 40, was charged by criminal complaint with one count of being a felon in possession of a firearm and ammunition. Following an initial appearance in federal court in Boston today, Goforth was returned to state custody.
According to the criminal complaint, on July 31, 2020, Goforth possessed a black Sig Sauer P938 9mm semi-automatic pistol, loaded with five rounds of 9mm ammunition. Due to a prior conviction, Goforth is prohibited from possessing firearms, and does not possess a federal license to sell firearms.
The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney John Dawley of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Bergen County Attorney Charged with Fraudulently Obtaining $9 Million in Loans Meant to Help Small Businesses During COVID-19 PandemicRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, attorney was arrested today and charged with fraudulently obtaining approximately $9 million in Paycheck Protection Program (PPP) loans, U.S. Attorney Craig Carpenito and Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, announced.
Jae H. Choi, 48, of Cliffside Park, New Jersey, is charged by complaint with three counts of bank fraud and one count of money laundering. He is expected to make his initial appearance by videoconference today before U.S. Magistrate Judge James B. Clark III.
According to documents filed in this case and statements made in court:
Choi allegedly submitted three fraudulent PPP loan applications to three different lenders on behalf of three different businesses that purportedly provided educational services. The complaint also alleges that Choi fabricated the existence of hundreds of employees, manipulated bank and tax records, and falsified a driver’s license on the applications.
Choi allegedly falsely represented to the lenders that the companies controlled by him had hundreds of employees and paid over $3 million in monthly wages. Based on Choi’s alleged misrepresentations, each lender funded each of the three businesses with an approximately $3 million PPP loan. As a result, the complaint alleges that Choi received a total of nearly $9 million in federal COVID-19 emergency relief funds meant for distressed small businesses.
Choi allegedly used the fraudulently obtained PPP loan proceeds to pay for numerous personal expenses, including to buy, among other things, a nearly $1 million home in Cresskill, New Jersey, to fund approximately $30,000 in remodeling and other improvements, and to invest millions more in the stock market through an account held in the name of his spouse.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted March 29. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.
The charges and allegations in the complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty in a court of law.
This case was investigated by IRS – Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez; inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James Buthorn; the Small Business Administration Office of the Inspector General; and the Social Security Administration – Office of the Inspector General.
The government is represented by Assistant U.S. Attorney Andrew Macurdy of the District of New Jersey and Trial Attorney Andrew Tyler.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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.
Bend Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
EUGENE, Ore.—A Bend, Oregon man has pleaded guilty to distributing child pornography, announced U.S. Attorney Billy J. Williams.
On September 2, 2020, Pierce Matthew Morrow, 24, waived indictment and pleaded guilty to one count of distribution of child pornography, a charge punishable by up to twenty years in prison, with a 5-year mandatory minimum sentence; a $250,000 fine; and a life term of supervised release.
According to court documents, Morrow participated in an online chat room that involved the exchange of child pornography, and posted images of prepubescent girls and boys engaged in sexually explicit conduct. The FBI executed a search warrant at Morrow’s Bend residence in January 2018. A subsequent search of his phone revealed hundreds of images and videos of child pornography. Morrow admitted to posting child pornography online.
On January 18, 2018, Morrow was charged by criminal complaint with possession, distribution, and receipt of child pornography. He will be sentenced on December 3, 2020 by U.S. District Court Judge Michael J. McShane.
This case was investigated by the FBI and is being prosecuted by Jeffrey Sweet, Assistant U.S. Attorney for the District of Oregon.
Anyone who has information about the physical or online exploitation of children are encouraged to call the FBI at (503) 224-4181 or submit a tip online at tips.fbi.gov.
Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor. It is important to remember child sexual abuse material depicts actual crimes being committed against children. Not only do these images and videos document victims’ exploitation and abuse, but when shared across the internet, child victims suffer re-victimization each time the image of their abuse is viewed. To learn more, please visit the National Center for Missing & Exploited Children’s website at www.missingkids.org.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Beaverton Woman Charged with Civil Disorder After Targeting Police Officers with High-Powered LaserRead the Press Release
PORTLAND, Ore.—Eva Warner, aka Joshua Warner, 25, of Beaverton, Oregon, has been charged by criminal complaint with civil disorder, a felony, after targeting the eyes of multiple law enforcement officers with a high-powered laser during an August 8, 2020 riot in North Portland.
According to court documents, in the late evening on August 8, 2020, a riot was declared at the Portland Police Association office on North Lombard Street in Portland after individuals broke windows and set fire to the office. The crowd also used vehicles and dumpsters to illegally block nearby vehicle traffic.
Oregon State Police officers notified the Portland Police Bureau’s Rapid Response Team that Warner had directed a high-powered, green laser into the eyes of numerous law enforcement officers attempting to disperse the riot. Warner resisted arrest, prompting officers to use force. Officers found a black, pen-style laser pointer on Warner’s person. Warner was taken into custody and later released.
On September 2, 2020, Warner was arrested by the U.S. Marshals Service in a southeast Portland apartment without incident.
Warner appeared in federal court today before a U.S. Magistrate Judge and was released pending further court proceedings. If convicted, Warner faces a maximum sentence of five years in federal prison.
This case was investigated by the FBI with assistance from the U.S. Marshals Service. It is being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Attorney General William P. Barr Announces the Designation of Antoinette T. Bacon as Acting U.S. Attorney for the Northern District of New YorkRead the Press Release
Attorney General William P. Barr announced today that Antoinette T. Bacon has been designated as the Acting U.S. Attorney for the Northern District of New York, pursuant to 5 U.S.C. § 3345(a)(3). Bacon will replace U.S. Attorney Grant C. Jaquith, who announced his resignation upon his appointment as a Judge on the U.S. Court of Appeals for Veterans Claims.
As Acting U.S. Attorney, Bacon will serve as the Northern District of New York’s chief federal law enforcement officer, supervising an office of approximately 49 Assistant U.S. Attorneys, 49 support staff, and 15 contract support staff. Bacon will be responsible for prosecuting federal criminal offenses and representing the United States in civil litigation in the district.
“I am pleased that the President has designated Toni Bacon as Acting U.S. Attorney for the Northern District of New York,” said Attorney General William P. Barr. “Her contributions to the initiatives she oversaw while working for the Office of the Deputy Attorney General are a testament to her relentless commitment to protect and serve all Americans. I know the Northern District will find Toni to be an exceptional prosecutor and dedicated leader.”
“I’m honored and humbled to be designated as the Acting U.S. Attorney for the Northern District of New York. I look forward to working tirelessly with my fellow federal, state, local, and tribal law enforcement partners to continue the effort to make the community safe for all,” said Acting U.S. Attorney Antoinette T. Bacon. “I thank Grant Jaquith, a fellow career prosecutor, for his three decades in the U.S. Attorney’s Office and wish him well in his new role on the U.S. Court of Appeals for Veterans Claims. His selfless service is truly inspiring.”
Prior to her appointment, Bacon served as the Department’s National Elder Justice Coordinator. During her tenure, Bacon spearheaded three of the largest sweeps of Elder Fraud cases, expanded the Department’s efforts to dismantle Transnational Criminal Organizations targeting older Americans, and launched the Money Mule Initiative and National Nursing Home Initiative to protect older Americans from fraud schemes and abuse.
As an Associate Deputy Attorney General, she assisted the Deputy Attorney General in formulating and implementing policies, including the landmark, bipartisan Criminal Justice Reform Legislation – The First Step Act.
Bacon is a seasoned and recognized litigator, most notably for leading prosecutions of fraud, waste, abuse, and corruption as an Assistant U.S. Attorney for the U.S. Attorney’s Office for the Northern District of Ohio (NDOH). In the NDOH, she earned her reputation for her commitment to root out corruption. She successfully prosecuted nearly 100 targets and led one of the largest corruption cases in this country’s history. Dubbed the Cuyahoga County Corruption Case, this nine-year investigation involved the prosecution of 60+ public officials and business executives, including a County Commissioner, a County Auditor, a Cleveland City Council member, two sitting judges, nine attorneys including five former prosecutors, two union leaders, and two senior hospital executives. The prosecution inspired an overhaul in Cuyahoga County government.
Following her outstanding efforts in NDOH, Bacon went on to serve as the national White Collar Crime Coordinator at the Executive Office for U.S. Attorneys, where she collaborated with prosecutors in all 94 U. S. Attorney’s Offices, federal agencies, law makers, corporate counsel, and other stakeholders to address our nation’s most serious economic crime threats.
Bacon first joined the Department of Justice through the Honors Program, as a Trial Attorney in the Antitrust Division, where she investigated international price fixing cartels. Prior to joining the Antitrust Division, Antoinette clerked for the Honorable Henry Coke Morgan, Jr., U.S. District Judge, Eastern District of Virginia. She earned a J.D. from the University of Virginia and a B.A. in Communications, Law, Economics, and Government from American University.
Armed meth trafficker on Rocky Boy's Indian Reservation sentenced to prisonRead the Press Release
GREAT FALLS —A Box Elder man who admitted possessing a firearm while dealing methamphetamine on the Rocky Boy's Indian Reservation was sentenced today to 11 years and six months in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Issac Elias Saenz, 28, pleaded guilty in December to possession with intent to distribute meth and to possession of a firearm in furtherance of a drug trafficking crime.
Chief U.S. District Judge Brian M. Morris presided.
The prosecution said in court documents that in January 2018, a Rocky Boy's criminal investigator observed a vehicle, which had been reported stolen from Billings, at a residence on the reservation. The investigator saw the vehicle leave the residence, made a traffic stop and detained the driver and Saenz, who was a passenger in the front seat. Law enforcement executed a search warrant on the vehicle and found multiple bags containing a total of 60 grams of meth and a firearm under the front passenger seat. A DNA test determined there was a high likelihood that Saenz's DNA and the DNA of three unknown individuals were on the firearm. The investigation also determined that Saenz trafficked meth in Missoula County and near Box Elder in Hill County.
Assistant U.S. Attorney Cassady Adams prosecuted the case, which was investigated by the FBI, Chippewa Cree Law Enforcement Services, the Tri-Agency Drug Task Force, and the Rocky Boy's Drug Task Force.
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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Attorney General William P. Barr Announces the Designation of Antoinette T. Bacon as Acting U.s. Attorney for the Northern District of New YorkRead the Press Release
WASHINGTON – Attorney General William P. Barr announced today that Antoinette T. Bacon has been designated as the Acting U.S. Attorney for the Northern District of New York, pursuant to 5 U.S.C. § 3345(a)(3). Bacon will replace U.S. Attorney Grant C. Jaquith, who announced his resignation upon his appointment as a Judge on the U.S. Court of Appeals for Veterans Claims.
As Acting U.S. Attorney, Bacon will serve as the Northern District of New York’s chief federal law enforcement officer, supervising an office of approximately 49 Assistant U.S. Attorneys, 49 support staff, and 15 contract support staff. Bacon will be responsible for prosecuting federal criminal offenses and representing the United States in civil litigation in the district.
“I am pleased that the President has designated Toni Bacon as Acting U.S. Attorney for the Northern District of New York,” said Attorney General William P. Barr. “Her contributions to the initiatives she oversaw while working for the Office of the Deputy Attorney General are a testament to her relentless commitment to protect and serve all Americans. I know the Northern District will find Toni to be an exceptional prosecutor and dedicated leader.”
“I’m honored and humbled to be designated as the Acting U.S. Attorney for the Northern District of New York. I look forward to working tirelessly with my fellow federal, state, local, and tribal law enforcement partners to continue the effort to make the community safe for all,” said Acting U.S. Attorney Antoinette T. Bacon. “I thank Grant Jaquith, a fellow career prosecutor, for his three decades in the U.S. Attorney’s Office and wish him well in his new role on the U.S. Court of Appeals for Veterans Claims. His selfless service is truly inspiring.”
Prior to her designation, Bacon served as the Department’s National Elder Justice Coordinator. During her tenure, Bacon spearheaded three of the largest sweeps of Elder Fraud cases, expanded the Department’s efforts to dismantle Transnational Criminal Organizations targeting older Americans, and launched the Money Mule Initiative and National Nursing Home Initiative to protect older Americans from fraud schemes and abuse.
As an Associate Deputy Attorney General, she assisted the Deputy Attorney General in formulating and implementing policies, including the landmark, bipartisan Criminal Justice Reform Legislation – The First Step Act.
Bacon is a seasoned and recognized litigator, most notably for leading prosecutions of fraud, waste, abuse, and corruption as an Assistant U.S. Attorney for the U.S. Attorney’s Office for the Northern District of Ohio (NDOH). In the NDOH, she earned her reputation for her commitment to root out corruption. She successfully prosecuted nearly 100 targets and led one of the largest corruption cases in this country’s history. Dubbed the Cuyahoga County Corruption Case, this nine-year investigation involved the prosecution of 60+ public officials and business executives, including a County Commissioner, a County Auditor, a Cleveland City Council member, two sitting judges, nine attorneys including five former prosecutors, two union leaders, and two senior hospital executives. The prosecution inspired an overhaul in Cuyahoga County government.
Following her outstanding efforts in NDOH, Bacon went on to serve as the national White Collar Crime Coordinator at the Executive Office for U.S. Attorneys, where she collaborated with prosecutors in all 94 U. S. Attorney’s Offices, federal agencies, lawmakers, corporate counsel, and other stakeholders to address our nation’s most serious economic crime threats.
Bacon first joined the Department of Justice through the Honors Program, as a Trial Attorney in the Antitrust Division, where she investigated international price fixing cartels. Prior to joining the Antitrust Division, Antoinette clerked for the Honorable Henry Coke Morgan, Jr., U.S. District Judge, Eastern District of Virginia. She earned a J.D. from the University of Virginia and a B.A. in Communications, Law, Economics, and Government from American University.
3 Santa Clarita Valley Residents Charged in Indictment Alleging $1.7 Million Embezzlement via Sham Diversity Recruitment CompaniesRead the Press Release
LOS ANGELES – Two Santa Clarity Valley residents were arrested today on a federal indictment accusing them of scheming to defraud a company out of more than $1.7 million earmarked for diversity recruitment by using two fake businesses that billed for services that were never performed.
The 17-count grand jury indictment contains wire fraud, mail fraud and conspiracy charges. The two defendants arrested this morning are:
- Judith Fernandez-Adelugba, 43, of Stevenson Ranch, the former human resources manager at Company-1, a Santa Clarita-based business that provided a technical and operations center for high performance racing programs, specializing in the design and development of racing engines and various high-performance automotive parts; and
- Alex Lawrence Wilkison, 47, a.k.a. “Alex Wilkerson,” of Canyon Country, the registered owner of Engineering Talent Connect (ETC), a fictitious business name registered to an address in Mission Hills.
The defendants are expected to make their initial appearances this afternoon in United States District Court in downtown Los Angeles.
A third defendant, George Albert Fernandez, 73, also of Stevenson Ranch, the father of Fernandez-Adelugba and the president and chief executive officer of the Stevenson Ranch-based Business Solutions Services (BSS), is currently out of state and is expected to be taken into custody soon.
According to the indictment, Fernandez-Adelugba was responsible for diversity recruitment, which included implementing and managing programs to encourage persons from diverse gender, racial, ethnic, and other backgrounds to apply for jobs with her employer. She also had the authority to approve the payment of invoices of up to $25,000, the indictment states.
From March 2015 until her resignation from Company-1 in February 2018, Fernandez-Adelugba, her father, and Wilkison, who was married to a colleague and friend of Fernandez-Adelugba at Company-1, allegedly used BSS and ETC to embezzle Company-1 funds and divert this misappropriated money for their own personal enrichment.
The defendants allegedly submitted and caused to be submitted to Company-1 fake invoices issued by BSS and ETC that requested payment for diversity recruitment-related services purportedly performed. These “services” included posting job openings, placing job-related advertisements, searching for candidates, and successfully recruiting candidates for Company-1, according to the indictment.
Fernandez-Adelugba approved the fake invoices for payment, delivered them to Company-1’s accounting department, and followed up to request and facilitate payment of the fake invoices, the indictment alleges.
After Company-1 issued payments on the fake invoices, the defendants allegedly used their illicit gains for personal expenditures such as credit card bills, dining at restaurants, items bought at grocery stores, pool supplies, and cash withdrawals.
Between April 2015 and January 2018, based on these fake invoices, the defendants caused Company-1 to transfer $1,562,364 to BSS and $183,600 to ETC. The total loss to Company-1 was $1,745,964, according to the indictment.
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.
Each charge of mail fraud and wire fraud carries a statutory maximum sentence of 20 years in federal prison. If convicted of all charges, Fernandez-Adelugba would face more than 300 years in federal prison.
The FBI investigated this matter.
This case is being prosecuted by Assistant United States Attorney Scott Paetty of the Major Frauds Section.
Wednesday 2 September 2020
Youngsville Man Sentenced for Running a Million Dollar Investment Fraud and Ponzi SchemeRead the Press Release
MONROE, La. – Acting United States Attorney Alexander C. Van Hook announced that Donnie Laing, Jr., 40, of Youngsville, Louisiana, was sentenced by U.S. District Judge Terry A. Doughty for wire fraud. Laing was sentenced to 36 months in prison, followed by 3 years of supervised release, and was also ordered to pay $918,531 in restitution to the victims of this scheme.
Laing pled guilty in March 2020 to wire fraud in connection with a million dollar Ponzi scheme that he orchestrated through his limited liability company, Capital Energy Investments, LLC (“Capital”). Evidence established that from April through November of 2018, Laing operated a Ponzi scheme through Capital. Laing used Capital to set up a business bank account and solicit money from the victims of his scheme. He represented himself to be the owner of Capital, a purportedly legitimate business that purchased and rented out oil and gas equipment. Investors were led to believe that Capital would use their money to invest in oil and gas equipment, and then lease such equipment to companies engaged in oil and gas exploration activities for a profit, promising investors high rates of return on their investments. Instead, Laing used the victims’ investments for his own personal use.
Throughout the scheme, Laing submitted false proposals and contracts to his victims to persuade them to invest their money with Capital. He also used funds from new investors to make payments to previous investors under the guise that the payments represented legitimate profits and returns on the victims’ investments. These payments allowed the defendant to avoid detection and obtain additional funds from his victims. Laing also used his relationship with a former business associate living in northeast Louisiana to solicit money from investors. Throughout the course of the scheme, Laing defrauded multiple investors and received nine investor payments during the period from April to October 2018.
The FBI investigated the case. Assistant U.S. Attorney Cadesby B. Cooper prosecuted the case.
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Youngstown, Ohio Man Sentenced to Time Served of 366 Days for ID TheftRead the Press Release
PITTSBURGH, PA – An Ohio resident has been sentenced in federal court to time served, three years supervised release and restitution of conspiracy to commit identity theft, and aggravated identity theft, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed a time served sentence on Damari Rodriguez aka "Dee Dee", 29, of 3679 Oakview Drive, Youngstown, OH. Rodriguez served approximately 366 days in federal custody.
According to the information presented to the court, beginning in and around May, 2014 through February, 2017, Rodriguez negotiated counterfeit checks as casinos throughout the East Coast using false identification documents produced with the names of real persons. The estimated fraud loss was approximately $17,808.00
Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.
The U.S. Attorney Brady commended agents from Homeland Security Investigations and the Pennsylvania State Police for the investigation leading to the successful prosecution of Damari Rodriguez.
Waterloo Man Sentenced to over Seven Years in Federal Prison After Being Involved in Two Shooting IncidentsRead the Press Release
A man who possessed firearm that he used in two shootings was sentenced September 1, 2020, to more than seven years in federal prison.
Leon Orlando Jackson, age 44, from Waterloo, Iowa, received the prison term after a March 3, 2020, guilty plea to possession of a firearm by a felon.
At the plea hearing, Jackson admitted possessing a firearm after being convicted of three felony offenses, including possession of a stolen auto, felon in possession of a firearm, and possession of cocaine. The prior firearm offense was a federal conviction out of Indiana. Filings in the case showed that on April 23, 2017, defendant was involved in two shootings in Waterloo, including one that left a victim with an injury to his leg.
Jackson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Jackson was sentenced to 87 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.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
Jackson 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 Emily K. Nydle and was investigated by a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms and Explosives assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-2036.
Follow us on Twitter @USAO_NDIA.
Waterbury Man Charged with Fentanyl Distribution OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that MARBIN JIMENEZ, also known as “Rabia,” 32, of Waterbury, was arrested on August 31, 2020, on a criminal complaint charging him with possession with intent to distribute heroin and fentanyl, and conspiracy to possess with intent to distribute heroin and fentanyl.
As alleged in court documents and statements made in court, this matter stems from a joint investigation headed by the DEA New Haven Task Force and the Waterbury Police Department into a Waterbury-based drug trafficking operation headed by Nestor Sosa-Ortiz. The investigation, which has included the use of court-authorized wiretaps, physical surveillance, and controlled purchases of narcotics, revealed that Sosa-Ortiz’s organization received large quantities of heroin and fentanyl from suppliers in Connecticut and New York and distributed the narcotics throughout New Haven County. After Sosa-Ortiz was arrested in New York City on a separate federal heroin and fentanyl trafficking charge in May 2019, he continued to control his drug network while incarcerated by using smuggled cell phones to communicate with various co-conspirators, including his sisters, Isamelis Sosa-Ortiz and Imirici Sosa-Ortiz, in Waterbury.
On November 6, 2019, a federal grand jury returned an indictment charging 15 members of the Sosa drug trafficking organization with conspiring to distribute heroin and fentanyl. A superseding indictment returned in January 2020 added a sixteenth defendant.
Jimenez was subsequently identified as a redistributor for the Sosa-Ortiz drug trafficking organization. In addition, on three occasions in July and August 2020, investigators conducted controlled purchases of fentanyl from Jimenez.
Jimenez was arrested on August 31, 2020, in Waterbury. It is alleged that he possessed a distribution quantity of fentanyl at the time of his arrest.
Jimenez, who has been detained since his arrest, has a detention hearing scheduled for tomorrow at 11 a.m. before U.S. Magistrate Judge Sarah A.L. Merriam.
U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Nestor Sosa-Ortiz, Isamelis Sosa-Ortiz and Imirici Sosa-Ortiz have pleaded guilty and await sentencing.
This investigation is being conducted by the Drug Enforcement Administration New Haven Task Force and the Waterbury Police Department. The DEA New Haven Task Force includes participants from the U.S. Marshals Service, Internal Revenue Service – Criminal Investigation Division, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia, Meriden, Derby, Middletown, Naugatuck, and Waterbury Police Departments.
The case is being prosecuted by Assistant U.S. Attorneys Tara E. Levens, Lauren C. Clark and Jocelyn Courtney Kaoutzanis.
Washington D.C. Man Faces Federal Charges Related to Series of Armed Robberies in Prince George’s CountyRead the Press Release
Greenbelt, Maryland – A federal criminal complaint has been filed charging Shaykh Abdul-Majid, age 35, of Washington, D.C., for federal armed commercial robbery and for discharging, brandishing, using, carrying, and possessing a firearm during and in relation to any crime of violence. At his initial appearance today, U.S. Magistrate Judge Charles B. Day ordered that Abdul-Majid be detained pending trial.
The criminal complaint 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 of Police Hector Velez of the Prince George’s County Police Department (PGPD).
According to the complaint, Abdul-Majid is charged with committing three armed robberies of businesses between June 29 and July 5, 2020. In each robbery, the complaint alleges that Abdul-Majid entered the store, pointed a silver and black handgun at the employee victims and customers, and demanded money, stealing a total of more than $2,700 in cash, as well as 10 cellular phones worth approximately $7,400, and a customer’s wallet. As detailed in the complaint, Abdul-Majid wore distinctive clothing and drove the same vehicle in each robbery.
At the robbery on July 5, 2020, the complaint alleges that after the store employee gave Abdul-Majid $200 in store funds at gunpoint, Abdul-Majid then demanded they move to the store’s back storage area. According to the complaint, fearing he would be shot, the employee attempted to remove the handgun from Abdul-Majid, who allegedly fired two rounds during the struggle. The employee’s hand and fingers were cut as he tried to prevent the handgun’s slide from racking as casings were ejecting. After the struggle, Abdul-Majid fled on foot out the back of the business with the store funds.
On July 7, 2020, detectives located Abdul-Majid in his vehicle, which was parked in Washington, D.C. Upon seeing law enforcement, Abdul-Majid fled from the vehicle on foot, but was apprehended a short time later. Law enforcement officers seized the vehicle and subsequently executed a search warrant on the vehicle. During the search, law enforcement recovered clothing consistent with the items worn in the robberies. Officers also recovered a silver and black handgun, consistent with the weapon used in the robberies.
If convicted, Abdul-Majid faces a maximum sentence of 20 years in federal prison for robbery; seven years in federal prison, consecutive to any other sentence, for brandishing a firearm; and 10 years in federal prison, consecutive to any other sentence, for discharge of a firearm during and in relation to a crime of violence. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the FBI and the PGPD, for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Kelly Hayes, who is prosecuting the case.
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United States seizes domain names used by foreign terrorist organizationRead the Press Release
ATLANTA – The United States has seized “Aletejahtv.com” and “Aletejahtv.org,” two websites which were unlawfully utilized by Kata’ib Hizballah, a Specially Designated National and a Foreign Terrorist Organization.
“Our system of commerce and our infrastructure, whether physical or electronic, is to be used by lawfully,” said U.S. Attorney Byung J. “BJay” Pak. “We will not allow groups that have been rightfully prohibited from obtaining goods and services in the United States to use our internet services – especially to further their terrorist agenda. This seizure underscores national collaboration and a commitment to protecting our commerce and infrastructure.”
“Once again we see designated foreign terrorist organizations turning to the internet to push their message and recruit followers for their violent causes,” said John Demers, Assistant Attorney General for National Security. “We will continue to fight terror recruitment and propaganda efforts in the digital world, as we do elsewhere.”
“The District of Arizona is home to many successful technology companies whose goods and services are capable of being used by individuals across the world,” said United States Attorney Michael Bailey. “We will not allow members of terrorist organizations to illegally use those goods and services to further their propaganda and agenda.”
“The National Security of the United States is, and will always be, the top priority for the Bureau of Industry and Security’s Office of Export Enforcement. Attempts to surreptitiously utilize U.S. based online networks and services to promote Iran backed terrorist propaganda will immediately be disrupted, disabled, and seized,” said P. Lee Smith, Performing the Non-exclusive Functions and Duties of the Assistant Secretary for Export Enforcement. “The Bureau of Industry and Security is committed to ensuring the stability of the Iraqi government and protecting our troops and Allied Forces against terrorist acts of violence”
On July 2, 2009, the U.S. Secretary of Treasury designated Kata’ib Hizballah, an Iran-backed terrorist group active in Iraq, as a Specially Designated National for committing, directing, supporting, and posing a significant risk of committing acts of violence against Coalition and Iraqi Security Forces. On the same day, the U.S. Department of State designated Kata’ib Hizballah as a Foreign Terrorist Organization for committing or posing a significant risk of committing acts of terrorism.
“Aletejahtv.com” and “Aletejahtv.org,” acted as Kata’ib Hizballah’s media arm
and published internet communications such as videos, articles, and photographs. These communications included numerous articles designed to further Kata’ib Hizballah’s agenda, particularly destabilizing Iraq and recruiting others to join their cause. They also functioned as a live online television broadcast channel, “Al-etejah TV.” Portions of the communications expressly noted that they were published by Kata’ib Hizballah.
Federal law prohibits designated entities like Kata’ib Hizballah from obtaining or utilizing goods or services, including website and domain services, in the United States without a license from the Office of Foreign Assets Control. “Aletejahtv.com” and “Aletejahtv.org” are domain names that are owned and operated by a United States company based in Scottsdale, Arizona. Kata’ib Hizballah did not obtain a license from the Office of Foreign Assets Control prior to utilizing the domain names.
On August 31, 2020, pursuant to a seizure warrant, the United States seized “Aletejahtv.com” and “Aletejahtv.org.” Visitors to the site received the following message: THIS WEBSITE HAS BEEN SEIZED. The domains for Aletejahtv.com and Aletejahtv.org have been seized by the United States Government.
This seizure was investigated by the Department of Commerce, Bureau of Industry and Security.
Assistant U.S. Attorneys from the Northern District of Georgia, Assistant U.S. Attorneys from the District of Arizona, and trial lawyers from the Department of Justice National Security Division prosecuted the seizure.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
United States Seizes Domain Names Used by Foreign Terrorist OrganizationRead the Press Release
The United States has seized “Aletejahtv.com” and “Aletejahtv.org,” two websites, which were unlawfully utilized by Kata’ib Hizballah, a Specially Designated National and a Foreign Terrorist Organization.
“Once again we see designated foreign terrorist organizations turning to the internet to push their message and recruit followers for their violent causes,” said John Demers, Assistant Attorney General for National Security. “We will continue to fight terror recruitment and propaganda efforts in the digital world, as we do elsewhere.”
“Our system of commerce and our infrastructure, whether physical or electronic, is to be used by lawfully,” said U.S. Attorney Byung J. “BJay” Pak for the Northern District of Georgia. “We will not allow groups that have been rightfully prohibited from obtaining goods and services in the United States to use our internet services – especially to further their terrorist agenda. This seizure underscores national collaboration and a commitment to protecting our commerce and infrastructure.”
“The District of Arizona is home to many successful technology companies whose goods and services are capable of being used by individuals across the world,” said U.S. Attorney Michael Bailey for the District of Arizona. “We will not allow members of terrorist organizations to illegally use those goods and services to further their propaganda and agenda.”
“The National Security of the United States is, and will always be, the top priority for the Bureau of Industry and Security’s Office of Export Enforcement. Attempts to surreptitiously utilize U.S. based online networks and services to promote Iran backed terrorist propaganda will immediately be disrupted, disabled, and seized,” said P. Lee Smith, Performing the Non-exclusive Functions and Duties of the Assistant Secretary for Export Enforcement at the Department of Commerce. “The Bureau of Industry and Security is committed to ensuring the stability of the Iraqi government and protecting our troops and Allied Forces against terrorist acts of violence”
On July 2, 2009, the U.S. Secretary of Treasury designated Kata’ib Hizballah, an Iran-backed terrorist group active in Iraq, as a Specially Designated National for committing, directing, supporting, and posing a significant risk of committing acts of violence against Coalition and Iraqi Security Forces. On the same day, the U.S. Department of State designated Kata’ib Hizballah as a Foreign Terrorist Organization for committing or posing a significant risk of committing acts of terrorism.
“Aletejahtv.com” and “Aletejahtv.org,” acted as Kata’ib Hizballah’s media arm and published internet communications such as videos, articles, and photographs. These communications included numerous articles designed to further Kata’ib Hizballah’s agenda, particularly destabilizing Iraq and recruiting others to join their cause. They also functioned as a live online television broadcast channel, “Al-etejah TV.” Portions of the communications expressly noted that they were published by Kata’ib Hizballah.
Federal law prohibits designated entities like Kata’ib Hizballah from obtaining or utilizing goods or services, including website and domain services, in the United States without a license from the Office of Foreign Assets Control. “Aletejahtv.com” and “Aletejahtv.org” are domain names that are owned and operated by a United States company based in Scottsdale, Arizona. Kata’ib Hizballah did not obtain a license from the Office of Foreign Assets Control prior to utilizing the domain names.
On August 31, 2020, pursuant to a seizure warrant, the United States seized “Aletejahtv.com” and “Aletejahtv.org.” Visitors to the site received the following message:
This seizure was investigated by the Department of Commerce, Bureau of Industry and Security.
Assistant U.S. Attorneys from the Northern District of Georgia, Assistant U.S. Attorneys from the District of Arizona, and trial lawyers from the Department of Justice National Security Division prosecuted the seizure.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
United States Reaches Settlement to Recover more than $60 Million Involving Malaysian Sovereign Wealth FundRead the Press Release
The Department of Justice has reached a settlement of its civil forfeiture cases against assets acquired by Riza Aziz utilizing funds allegedly embezzled from 1Malaysia Development Berhad (1MDB), Malaysia’s investment development fund, and laundered through financial institutions in several jurisdictions, including the United States, Switzerland, Singapore and Luxembourg.
These assets are estimated to be worth more than $60 million. With the conclusion of this settlement, together with the prior disposition of other related forfeiture cases, the United States will have recovered or assisted in the recovery of nearly $1.1 billion in assets associated with the 1MDB international money laundering and bribery scheme. This represents the largest recovery to date under the department’s Kleptocracy Asset Recovery Initiative and the largest civil forfeiture ever concluded by the Justice Department.
“As alleged in the forfeiture complaints, Riza Aziz and others collectively laundered billions of dollars pilfered from 1MDB, an investment fund intended to benefit the Malaysian people,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “Aziz and his co-conspirators allegedly diverted these funds for their own benefit and used them to acquire luxury real estate in New York and London and to make personal investments. The forfeiture of these assets will add to the almost $1.1 billion stolen from 1MDB that the U.S. Department of Justice has so far helped recover and return to the Malaysian people. This forfeiture sends a clear signal that the Department will not allow wrongdoers to use the U.S. financial system to launder the proceeds of their illegal activity.”
“With more than $1 billion forfeited as a result of our 1MDB-related asset forfeiture cases, we continue to shed light on the massive fraud and money laundering scheme that brazenly stole public funds belonging to the people of Malaysia,” said U.S. Attorney Nick Hanna of the Central District of California. “The high-end properties across the nation that have now been seized and forfeited demonstrate our commitment to preventing corrupt actors from using the United States as a place to hide stolen riches.”
“This case represents significant, unwavering investigative work by the FBI's International Corruption Team and our partners,” said Assistant Director Calvin Shivers of the FBI's Criminal Investigative Division. “Riza Aziz and his co-conspirators misappropriated and laundered billions of dollars away from Malaysian people for their personal gain, and they will not be permitted to profit. The FBI is committed to bringing all those who participated in this heinous scheme to justice and holding them accountable for the illicit actions.”
“The recent seizure of $60 million is another step on the path to return embezzled funds to the people of Malaysia,” said Don Fort, Chief, IRS Criminal Investigation (IRS-CI). “IRS-CI is committed to ensuring monies stolen from 1MDB are returned to their rightful beneficiaries and used for their original intended purpose.”
According to the civil forfeiture complaints, from 2009 through 2015, more than $4.5 billion in funds belonging to 1MDB were allegedly misappropriated by high-level officials of 1MDB and their associates and laundered through financial institutions in several jurisdictions by Malaysian public officials and their associates, including Aziz. 1MDB was created by the government of Malaysia to promote economic development in Malaysia through global partnerships and foreign direct investment, and its funds were intended to be used for improving the well-being of the Malaysian people.
Under the terms of the settlement, the claimants in the U.S. forfeiture actions agreed to forfeit all assets subject to pending forfeiture complaints in which they have a potential interest. Claimants are also required to cooperate and assist the Justice Department in the orderly transfer, management and disposition of the relevant assets. The assets subject to the settlement agreement include the sale proceeds of high-end real estate acquired in Beverly Hills as well as a luxury condominium in New York City; the sale proceeds of an investment made by Aziz in a Kentucky maintenance company; a luxury London townhome; and a promotional poster for the 1927 motion picture film “Metropolis.”
The assets being forfeited subject to this settlement are in addition to the more than $1 billion in assets the United States previously forfeited in connection with the Department of Justice’s 1MDB investigation. Following the conclusion of today’s settlement, several civil forfeiture complaints arising out of the 1MDB criminal conspiracy remain pending against assets associated with other alleged co-conspirators.
The FBI’s International Corruption Squads in New York City and Los Angeles and the IRS-CI are investigating the case. Deputy Chief Woo S. Lee and Trial Attorneys Barbara Levy, Jonathan Baum and Joshua Sohn of the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS) and Assistant U.S. Attorneys Jonathan Galatzan and Steven R. Welk of the Central District of California are prosecuting the case. The Justice Department’s Office of International Affairs provided substantial assistance.
The department also appreciates the significant assistance provided by the Attorney General’s Chambers of Malaysia, the Royal Malaysian Police, the Malaysian Anti-Corruption Commission, the Attorney General’s Chambers of Singapore, the Singapore Police Force-Commercial Affairs Division, the Office of the Attorney General and the Federal Office of Justice of Switzerland, the judicial investigating authority of the Grand Duchy of Luxembourg and the Criminal Investigation Department of the Grand-Ducal Police of Luxembourg.
The Kleptocracy Asset Recovery Initiative is led by a team of dedicated prosecutors in MLARS, in partnership with federal law enforcement agencies, and often with U.S. Attorney’s Offices, to forfeit the proceeds of foreign official corruption and, where appropriate, to use those recovered assets to benefit the people harmed by these acts of corruption and abuse of office. In 2015, the FBI formed International Corruption Squads across the country to address national and international implications of foreign corruption. Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should contact federal law enforcement or send an email to [email protected] (link sends e-mail) or https://tips.fbi.gov/.
A civil forfeiture complaint is merely an allegation that money or property was involved in or represents the proceeds of a crime. These allegations are not proven until a court awards judgment in favor of the United States.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
United States Reaches Settlement to Recover More Than $60 Million in Assets Allegedly Acquired with Embezzled 1MDB FundsRead the Press Release
LOS ANGELES – The Department of Justice has reached a settlement of its civil forfeiture cases against assets acquired by Riza Aziz utilizing funds allegedly embezzled from 1Malaysia Development Berhad (1MDB), Malaysia’s investment development fund, and laundered through financial institutions in several jurisdictions, including the United States, Switzerland, Singapore and Luxembourg.
These assets are estimated to be worth more than $60 million. With this settlement, together with the prior disposition of other related forfeiture cases, the United States will have recovered or assisted in the recovery of nearly $1.1 billion in assets associated with the 1MDB international money laundering and bribery scheme. This represents the largest civil forfeiture ever concluded by the Justice Department.
“With more than $1 billion forfeited as a result of our 1MDB-related asset forfeiture cases, we continue to shed light on the massive fraud and money laundering scheme that brazenly stole public funds belonging to the people of Malaysia,” said United States Attorney Nick Hanna. “The high-end properties across the nation that have now been seized and forfeited demonstrate our commitment to preventing corrupt actors from using the United States as a place to hide stolen riches.”
“As alleged in the forfeiture complaints, Riza Aziz and others collectively laundered billions of dollars pilfered from 1MDB, an investment fund intended to benefit the Malaysian people,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “Aziz and his co-conspirators allegedly diverted these funds for their own benefit and used them to acquire luxury real estate in New York and London and to make personal investments. The forfeiture of these assets will add to the almost $1.1 billion stolen from 1MDB that the U.S. Department of Justice has so far helped recover and return to the Malaysian people. This forfeiture sends a clear signal that the Department will not allow wrongdoers to use the U.S. financial system to launder the proceeds of their illegal activity.”
According to the civil forfeiture complaints, from 2009 through 2015, more than $4.5 billion in funds belonging to 1MDB were allegedly misappropriated by high-level officials of 1MDB and their associates. Those funds allegedly were laundered through financial institutions in several jurisdictions by Malaysian public officials and their associates, including Aziz. 1MDB was created by the government of Malaysia to promote economic development in Malaysia through global partnerships and foreign direct investment, and its funds were intended to be used for improving the well-being of the Malaysian people.
Under the terms of the settlement, the claimants in the U.S. forfeiture actions agreed to forfeit all assets subject to pending forfeiture complaints in which they have a potential interest. Claimants are also required to cooperate and assist the Justice Department in the orderly transfer, management and disposition of the relevant assets. The assets subject to the settlement agreement include the sale proceeds of high-end real estate acquired in Beverly Hills, as well as a luxury condominium in New York City; the sale proceeds of an investment made by Aziz in a Kentucky maintenance company; a luxury London townhome; and a promotional poster for the 1927 motion picture “Metropolis.”
“This case represents significant, unwavering investigative work by the FBI's International Corruption Team and our partners,” said Assistant Director Calvin Shivers of the FBI's Criminal Investigative Division. “Riza Aziz and his co-conspirators misappropriated and laundered billions of dollars away from Malaysian people for their personal gain, and they will not be permitted to profit. The FBI is committed to bringing all those who participated in this heinous scheme to justice and holding them accountable for the illicit actions.”
“The recent seizure of $60 million is another step on the path to return embezzled funds to the people of Malaysia,” said Don Fort, Chief, IRS Criminal Investigation. “IRS-CI is committed to ensuring monies stolen from 1MDB are returned to their rightful beneficiaries and used for their original intended purpose.”
The assets being forfeited subject to this settlement are in addition to the more than $1 billion in assets the United States previously forfeited in connection with the Department of Justice’s 1MDB investigation. Following the conclusion of today’s settlement, several civil forfeiture complaints arising out of the 1MDB criminal conspiracy remain pending against assets associated with other alleged co-conspirators.
The FBI’s International Corruption Squads in New York City and Los Angeles and IRS Criminal Investigation are investigating this matter.
Assistant United States Attorneys Jonathan Galatzan and Steven R. Welk of the Asset Forfeiture Section in Los Angeles are working with Deputy Chief Woo S. Lee and Trial Attorneys Barbara Levy, Jonathan Baum and Joshua Sohn of the Criminal Division’s Money Laundering and Asset Recovery Section to prosecute the cases. The Justice Department’s Office of International Affairs provided substantial assistance.
The Justice Department also appreciates the significant assistance provided by the Attorney General’s Chambers of Malaysia, the Royal Malaysian Police, the Malaysian Anti-Corruption Commission, the Attorney General’s Chambers of Singapore, the Singapore Police Force-Commercial Affairs Division, the Office of the Attorney General and the Federal Office of Justice of Switzerland, the judicial investigating authority of the Grand Duchy of Luxembourg and the Criminal Investigation Department of the Grand-Ducal Police of Luxembourg.
A civil forfeiture complaint is merely an allegation that money or property was involved in or represents the proceeds of a crime. These allegations are not proven until a court awards judgment in favor of the United States.
Union County Woman Sentenced to 10 Years in Prison for Trafficking MethamphetamineRead the Press Release
NEWARK, N.J. – A Union County, New Jersey, woman was sentenced today to 120 months in prison for possessing with intent to distribute over 900 grams of methamphetamine, U.S. Attorney Craig Carpenito announced.
Lorena Marquez, 48, of Union Township, New Jersey, previously pleaded guilty before U.S. District Judge Susan D. Wigenton to an information charging her with one count of possession with intent to distribute over 50 grams of methamphetamine. Judge Wigenton imposed the sentence by videoconference today; she sentenced Marquez to 108 months in prison on the drug count and 12 months in prison, to be served consecutively, for violation of supervised release.
According to documents filed in this case and statements made in court:
In 2019, during a combined federal and local investigation targeting narcotics trafficking in northern New Jersey, law enforcement learned that Marquez stored and sold crystal methamphetamine at a self-storage facility in Jersey City. Law enforcement officials ultimately executed a search of Marquez’s storage unit and recovered approximately two pounds of crystal methamphetamine from the unit. Marquez was arrested the same day.
In addition to the prison term, Marquez was sentenced five years of supervised release.
U.S. Attorney Craig Carpenito credited special agents of the U.S. Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson, with the investigation and arrest.
The government is represented by Assistant U.S. Attorney Ryan L. O’Neill of the U.S. Attorney’s Office’s Opioid Abuse Prevention and Enforcement Unit in Newark.
U.S. Attorney Matt Martin Recognizes Law Enforcement for Operation that Lead to Multiple Child Exploitation Arrests and the Rescue of Children from Sexual AbuseRead the Press Release
WINSTON-SALEM, NC - A man who pleaded guilty to transportation of child pornography was sentenced today, announced Matthew G.T. Martin, United States Attorney for the Middle District of North Carolina.
Dustin Davis HAYNES, 34, of Lexington, North Carolina, pleaded guilty on March 2, 2020, to one count of transportation of child pornography. He was sentenced by Chief United States District Judge Thomas D. Schroeder to 65 months of imprisonment followed by 10 years of supervised release.
HAYNES was the first individual arrested after a Boone Police Department detective infiltrated a private group on a mobile messenger application dedicated to the sexual exploitation of children and the trafficking of child pornography. According to documents filed in the case, the detective, pretending to be a 14 year-old girl, convinced an administrator to add him to the group. Once accepted, the detective was able to gain access to additional similar private groups. Several days later, the detective and agents from the State Bureau of Investigation (SBI) and Homeland Security Investigations (HSI) executed a search warrant at HAYNES’s Lexington, North Carolina residence and arrested him.
Over the next several months, SBI, HSI, and the Boone Police Department detective worked to identify additional group members and sent leads throughout the country, and the world. Many of the offenders had taken significant steps to mask their identities. The investigative team engaged these offenders online and tricked them into revealing personal identifying information. In total, 38 leads were sent to various law enforcement entities. To date, 23 offenders have been arrested and 8 children have been rescued from sexually abusive situations. As an example, an Ohio man was quickly arrested and his 14 year-old daughter was rescued. He had been sexually abusing her for ten years. Another individual was arrested on an oil rig in the North Sea and his 5 year-old daughter was rescued.
“Protecting children is a high calling,” said U.S. Attorney Matt Martin. “The Boone Police Department, the NC SBI, and the Department of Homeland Security are answering the call. The excellent proactive work of the investigators in this case has undoubtedly changed victims’ lives for the better and safeguarded others. I am proud that an investigation that began here in North Carolina has resulted in such a positive impact across the country, and even abroad. This case is an example of the effective local, state, and federal law enforcement partnerships required to fully combat online child sexual exploitation. Such partnerships are the heart of the Internet Crimes Against Children [ICAC] Task Force and more necessary now than ever as we have recently seen an alarming year-over-year increase in CyberTipline reports from the National Center For Missing and Exploited Children [NCMEC]. It takes courage to confront depictions of unspeakable sexual abuse, often amounting to torture, in order to bring child sex offenders to justice. The investigators in this case deserve our deep gratitude.”
“Individuals who distribute child pornography steal the innocence of children and revictimize them each time the evidence of their exploitation is shared online,” said Homeland Security Investigations Charlotte Special Agent in Charge Ronnie Martinez. "This case shows HSI is actively working to identity and disrupt the trade of these illegal images, and also to identify and seek prosecution of the criminals who produce, possess, and distribute them.”
The Boone Police Department, North Carolina State Bureau of Investigation, and Homeland Security Investigations are all members of the North Carolina Internet Crimes Against Children (ICAC) Task Force. The case was investigated by Detective Jason Reid of the Boone Police Department; Assistant Special Agent in Charge Nathan Anderson and Lead Analyst Tiffany Pate of SBI; and Group Supervisor Aaron Chapman, Special Agent Patrick Wilhelm, Certified Forensic Analyst Amy Olsen, and Investigative Research Specialist Janice Morquecho of HSI.
The HAYNES case was prosecuted by Assistant United States Attorneys Eric L. Iverson and Whitney N. Shaffer. The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat online child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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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U.S. Attorney Justin Herdman and Toledo Police Chief George Kral announce Operation Red-zone ahead of Labor Day weekendRead the Press Release
U.S. Attorney Justin Herdman and Toledo Police Chief George Kral announced today the launch of Operation Red-Zone in the city of Toledo over the Labor Day holiday weekend. Joining the U.S. Attorney and Toledo Police Chief in the announcement were representatives from the ATF, DEA, FBI, U.S. Marshals, Lucas County Prosecutor, Lucas County Sherriff and the Ohio State Highway Patrol.
“It is no secret that violent crime in the city of Toledo and elsewhere around the country has been increasing,” said U.S. Attorney Herdman. “With the Labor Day holiday weekend approaching, I’m announcing the launch of Operation Red-zone in the city of Toledo. What this means is that if you are prohibited from possessing a firearm under federal law, either because you have a prior felony conviction, a prior misdemeanor conviction, or some other disqualifying condition, then you are in the Red-Zone. If you possess a firearm this weekend while in the Red-Zone, we are going to stop you and prosecute you in federal court.”
“In a year where gun violence has spiked not only in Toledo but across our nation, this closer collaboration with the U.S. Attorney’s office over the upcoming Labor Day weekend could not come at a better time,” said Toledo Police Chief George Kral. “It is my department’s job to keep Toledoans safe by taking illegal guns out of the hands of violent offenders; the extra assistance from Attorney Herdman’s office will be crucial in taking those criminals off the street and keeping them behind bars for a long time. With the hope of peace in the forefront of our minds, we also remain grounded that the threat of violence exists and we are prepared to prevent it.”
“ATF is here with our law enforcement partners to encourage everyone to take a step back from the violence and enjoy a peaceful Labor Day weekend,” stated Roland Herndon, ATF’s Special Agent in Charge for the Columbus Field Division. “But be aware, if you choose to use firearms to commit crimes, ATF and our law enforcement partners will be there, working to hold you accountable for those acts.”
During the press conference, U.S. Attorney Herdman announced that the Northern District will pursue federal charges, where applicable, against individuals who are prohibited under federal law from possessing firearms, or who otherwise use firearms in a violent crime or drug trafficking offense. In addition, the U.S. Attorney announced that law enforcement agents with ATF, DEA, FBI and U.S. Marshals will be out in full force over the holiday weekend.
“The people of the city of Toledo deserve peace and days and nights free from anxiety and fears caused by violent criminals, said U.S. Attorney Herdman. "We will stop at nothing to ensure that people who are causing this violence are put in federal prison.”
U.S. Attorney J. Douglas Overbey Announces $549,179 Award to Address Violence Against Women in TennesseeRead the Press Release
KNOXVILLE, Tenn. – United States Attorney J. Douglas Overbey of the Eastern District of Tennessee today announced that Partnership for Families, Children and Adults, Incorporated, Chattanooga, TN, received $549,179 in Department of Justice grants to respond to safety challenges posed by violence against women.
These grants are designed to develop the nation's capacity to reduce domestic violence, dating violence, sexual assault, and stalking by strengthening services to victims and holding offenders accountable. The grant is available under the Justice for Families Program and was awarded by the Office on Violence Against Women.
“We are thrilled this grant has been made to the Partnership for Families, Children and Adults. Domestic violence and violence directed toward women are particularly egregious crimes and will not be tolerated. Our office remains committed to deterring, investigating, and prosecuting those who commit domestic violence and other crimes against women,” said U.S. Attorney Overbey.
The Partnership for Families, Children and Adults and its collaborative partners, Hamilton County Circuit Courts; Hamilton County District Attorney’s Office; Chattanooga Police Department; Chattanooga Family Justice Center; and Hamilton County Sheriff’s Office; and Legal Aid of East Tennessee, will use the grant to: 1) provide supervised visits and safe exchanges to victims of domestic violence, dating violence, sexual assault and stalking; 2) conduct education surrounding domestic violence issues and best practices to partners and the community; 3) provide civil legal assistance to domestic violence victims, especially to rural victims; and 4) improve training and education of judges, judicial personnel, attorneys, child welfare workers and court advocates in civil justice system.
The Justice for Families Program was authorized in the Violence Against Women Reauthorization Act of 2013 to improve the response of the civil and criminal justice system to families with a history of domestic violence, dating violence, sexual assault, and stalking or in cases involving allegations of child sexual abuse.
###Two Las Cruces Men Arrested/Charged with Stealing Guns from Federal Firearms LicenseesRead the Press Release
Federal and local authorities have arrested two Las Cruces, NM, residents charged with allegedly stealing guns from multiple federal firearms licensees, announced U.S. Attorney John F. Bash and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Jeffrey C. Boshek II, Dallas Field Office.
A federal criminal complaint filed in El Paso alleges that Ruben Orona, age 37, and Victor Medina, age 32, are responsible for a string of gun store burglaries—one in Las Cruces and two in El Paso—and stole 32 firearms. The burglaries included: Las Cruces Guns on July 30, 2020; Drakes Fine Sporting Arms in El Paso on August 11, 2020; and, Sportsman’s Elite in El Paso on August 16, 2020. The complaint further states that one of the stolen firearms, a .45 pistol which was later recovered by law enforcement, was used in a drive-by shooting in Doña Ana County on August 24, 2020.
Upon conviction, the defendants face up to ten years in federal prison.
“This case is a perfect example of the great collaboration ATF maintains with our law enforcement and industry partners to help keep our communities safe” said ATF Dallas Special Agent in Charge Boshek.
ATF, together with Homeland Security Investigations (HSI), El Paso Police Department, Las Cruces Police Department, Doña Ana County Sheriff’s Office and the U.S. Marshals Service, are conducting this ongoing investigation. Assistant U.S. Attorney Mallory Rasmussen is prosecuting this case on behalf of the government.
It is important to note that a criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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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.
Two Defendants Charged with Murder in Federal Court for Alleged Roles in Death of Postal Employee, Face Federal Drug Conspiracy Charges with Third DefendantRead the Press Release
Kingstree, South Carolina --- United States Attorney Peter M. McCoy, Jr. announced today that Trevor Raekwon Seward, 22, and Jerome Terrell Davis, 28, both of Andrews, have been charged in a six-count federal indictment for their alleged roles in the September 23, 2019, murder of postal employee Irene Pressley, 64, along her mail route in rural Williamsburg County. A third defendant, Ricky Jesus Barajas, 28, of Santa Rosa, California, was charged alongside Seward and Davis for a drug conspiracy, and Barajas and Davis were charged for use of a communication facility to commit a drug offense on the date of the murder.
“First and foremost, my heart goes out to Ms. Pressley’s family for their profound loss. She was an exceptional woman who spent a lifetime in service of her community,” said U.S. Attorney McCoy. “This indictment alleges one of the most serious crimes in the criminal justice system: murder. It marks the result of exhaustive efforts by our federal, state, and local partners to investigate every facet of this case, and to do right by Ms. Pressley and her family. This office will continue to rely on these partnerships and use every tool at our disposal to aggressively prosecute violent crimes against the citizens of South Carolina.”
“One of the top priorities of the United States Postal Inspection Service is to protect postal employees, and when one of our postal family members is attacked, we do not rest until the perpetrator is caught,” said Tommy D. Coke, Postal Inspector in Charge of the Atlanta Division. “This investigation demonstrated the strength of multiple communities; through Inspection Service personnel from across the country who joined together with our local law enforcement partners to deliver justice, from the local community which showed resiliency amidst tragedy, and from the postal family who continued to proudly serve the community despite the terrible loss of one of their own.”
Pressley, who was found dead in her vehicle near her mail route in Andrews the afternoon of September 23, had worked with the Postal Service for more than two decades. The federal charges come after an extensive joint federal, state, and local investigation involving more than 70 law enforcement officers.
Seward and Davis were initially arrested in the weeks following September 23 on state charges related to Pressley’s murder. According to documents filed with the state court upon their arrest, just after 3 p.m., Seward and Davis allegedly shot Pressley multiple times with a semi-automatic weapon in an attempt to steal a package containing marijuana. Additionally, numerous shell casings were found at the scene of the shooting and forensic laboratory results from the United States Postal Inspection Service indicated at least one fingerprint on a mail parcel that connected Seward to the murder.
Yesterday’s federal indictment charges Seward and Davis with a number of crimes related to the murder and a drug conspiracy during the time of the murder:
- Seward and Davis are charged with killing Pressley “with premeditation and malice aforethought” while she was engaged in her official duties as a mail carrier;
- Seward and Davis are charged with obstructing the delivery of United States mail by means of actual or threatened force;
- Seward is charged with being a felon in possession of a firearm and ammunition, and carrying a firearm in furtherance of a crime of violence and causing the murder of Pressley by shooting her;
- Seward and Davis, along with Barajas, are charged in a marijuana distribution conspiracy; and
- Davis and Barajas are charged with using a telephone to facilitate the drug conspiracy on the date of the murder.
Seward and Davis face a sentence of no less than life in federal prison if convicted, and Barajas faces a maximum possible penalty of five years in federal prison. No final decision has been made regarding whether the Government will seek the death penalty.
The case was investigated by the United States Postal Inspection Service, South Carolina Law Enforcement Division (SLED), 3rd Circuit Solicitor’s Office, North Charleston Police Department, and the Williamsburg County Sheriff's Office.
Assistant United States Attorney Nick Bianchi is prosecuting the case.
The United States Attorney stated that all charges against these defendants are merely accusations and that all defendants are presumed innocent until and unless 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.
postal_indictment_cleaned.pdf- Seward and Davis are charged with killing Pressley “with premeditation and malice aforethought” while she was engaged in her official duties as a mail carrier;
Three Former Caregivers Sentenced on Civil Rights and Obstruction Charges Related to Death of Disabled ResidentRead the Press Release
Three former caregivers in Fulton, Missouri, have been sentenced for their roles in the death of a disabled resident at Second Chance Homes, an organization that provided housing and care for developmentally disabled persons through a Missouri Department of Mental Health initiative.
On Tuesday, September 1, 2020, U.S. District Court Judge Brian C. Wimes sentenced Sherry Paulo to 210 months of imprisonment. Today, Judge Wimes sentenced Anthony Flores to 188 months of imprisonment and Anthony R. K. Flores (“R.K. Flores”) to three years of probation.
On Nov. 22, 2019, Sherry Paulo, 55, and Anthony Flores, 60, each pleaded guilty in federal court in the Western District of Missouri to one count of willfully failing to provide necessary medical care to victim C.D., resulting in injury to and the death of C.D. Paulo also pleaded guilty to one count of health care fraud arising from her efforts to hide C.D.’s death. On February 12, 2020, R.K. Flores pleaded guilty to one count of knowingly falsifying a document with the intent to impede, obstruct, and influence a federal investigation related to the death of C.D.
“Our caregivers have a moral as well as legal obligation to treat those they are entrusted to care for with respect and protect them from abuse,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “In this free country, it is the solemn duty of government to protect all persons, including those who are most vulnerable, from criminal acts that result in the horror that occurred in this case. No one should be confined and left to die in a small, dark basement and then hidden in a trash can filled with cement. The department of Justice will ensure that those who commit acts like these and violate the civil rights of others see justice under the law.”
“These defendants violated their legal and moral obligation to provide medical care to a person with developmentally disabilities, who was dependent upon them, then attempted to cover up their crime beneath layers of deceit and literal concrete,” said U.S. Attorney Tim Garrison of the Western District of Missouri. “Besides substandard care and dismal living conditions, they refused to seek medical treatment for their victim as his health deteriorated. Today the justice system is holding them accountable for their roles in his tragic death.”
“These sentencings are the culmination of the unwavering commitment to seeking justice for those most vulnerable in our society,” said Timothy R. Langan, Special Agent in Charge of the FBI in Kansas City, Missouri. “The defendants in this case not only failed to provide care for the victim, but took steps to conceal their abuse while continuing to profit from their actions. The FBI remains committed to seeking justice for victims and insuring those responsible are held accountable.”
“These former caregivers committed horrendous crimes against a patient with a developmental disability, while raiding vital Medicaid funds to prop up their alibis,” said Curt L. Muller, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services. “We will continue to work with our law enforcement partners to ensure such criminals are brought to justice.”
According to court documents filed in connection with the sentencings, Paulo, Flores, and R.K. Flores worked as caregivers at Second Chance Homes. Victim C.D., who was significantly developmentally disabled and entirely dependent upon his caretakers, had been a resident at Second Chance Homes (SCH) since 2008. Paulo was assigned to care for C.D. in the months leading up to C.D.’s death.
In their guilty pleas, Flores and Paulo admitted that, beginning in 2014, they observed C.D.’s weight decline and his health deteriorate. However, Paulo stopped following C.D.’s prescribed health regimen and stopped taking C.D. to his doctors’ appointments. Paulo and Flores observed C.D. become underweight and pale, struggle to eat, and appear to have less energy. As C.D.’s health deteriorated, Paulo occasionally took C.D. out of his designated SCH residence and put him in the basement of the home she shared with Flores. The basement was small and dark without access to sunlight or running water. Although Paulo and Flores witnessed C.D.’s health continue to decline while in her basement, they did not take C.D. to get necessary medical treatment because they did not want Paulo to be blamed for C.D.’s malnutrition and ill health.
In approximately September 2016, C.D. suffered an acute medical emergency while in the basement room of Paulo and Flores’s home. Despite observing C.D.’s physical distress and obvious medical need, Paulo and Flores chose not to seek medical care for C.D. C.D. died in their home while Paulo and Flores watched. Before his death in or about September 2016, C.D. last saw a doctor in December 2015.
In their plea agreements, Paulo and Flores admitted that, after C.D.’s death, Paulo placed C.D.’s body in a trashcan. Paulo and Flores put the trashcan in a wooden crate that they filled with cement. Paulo, Flores, and R.K. Flores then placed the crate in Paulo’s storage unit.
In the months that followed, Paulo took extensive measures to cover up C.D.’s death. She instructed another SCH resident to lie in C.D.’s bed to convince officials that C.D. was still present at SCH; repeatedly used C.D.’s Electronic Benefits Card; asked an SCH employee to falsely present another SCH resident as C.D. at a doctor’s appointment and get a prescription in C.D.’s name; and falsified numerous official records related to C.D.
In particular, Paulo admitted that after C.D. died, she submitted, or caused to be submitted, false Medicaid claims for services purportedly rendered to C.D. when, as Paulo knew, C.D. was deceased. The amount wrongfully paid by Medicaid, between approximately September 2016 and April 2017, was $106,795.
It was not until April 2017 that the defendants admitted C.D. was no longer at SCH. Paulo reported C.D. missing to the Fulton, Missouri Police Department on April 17, 2017. When interviewed by the police, Paulo, Flores, and R.K. Flores falsely stated that they had seen C.D. on April 16, 2017. In truth, none of the defendants had seen C.D. in months; Paulo and Flores further knew that C.D. had died. Defendants Paulo, Flores, and R.K. Flores did not admit their wrongdoing until a week later, when the Fulton Police Department discovered C.D.’s body.
This case was investigated by the Jefferson City Resident Agency of the FBI Kansas City Division and the St. Louis Field Office of the Department of Health and Human Services Office of the Inspector General Kansas City Region. The case was prosecuted by Assistant U.S. Attorneys Cindi Woolery and Gregg Coonrod of the U.S. Attorney’s Office, and Special Litigation Counsel Julia Gegenheimer and Trial Attorney Janea Lamar of the Department of Justice, Civil Rights Division, Criminal Section. The Fulton, Missouri Police Department and Callaway County Prosecutor Christopher Wilson contributed significantly to the investigation and prosecution of this matter.
St. Louis County Man linked to Jennings Officer-involved Shooting Charged with Felon in Possession of FirearmRead the Press Release
ST. LOUIS – Lawton McKinnies, 31 years old of St. Louis County, is charged being a felon in possession of a firearm.
According to the criminal complaint, prior to September 1, 2020, St. Louis County Police conducting a fugitive investigation trying to find Dexter McKinnies (brother of defendant), learned the defendant had an active felony warrant for three counts of Assault First-degree and three counts of Armed Criminal Action.
On September 1, 2020, police set-up a meeting with McKinnies’ brother, Dexter, under a plan the brothers would be performing maintenance work on a property in Jennings. When Lawton McKinnies arrived, police arrested him on his felony warrant. Police searched McKinnies and found a weapon in his pocket. Police asked him some questions and McKinnies admitted having possession of the weapon and being a felon.
Police know the weapon found in McKinnies’ pocket is not made in Missouri and the weapon must have traveled in and affecting interstate commerce to have been in McKinnies’ pocket while he was in Missouri
During the course of the investigation, officers discovered McKinnies was previously sentenced to eight years of prison for the offenses of Assault 1st Degree and Armed Criminal Action.
If convicted, McKinnies faces a maximum of 10 years in prison and a fine of no more than $250,000. These charges are the result of a joint investigation by the Federal Bureau of Investigation and the St. Louis County Police Department. Assistant United States Attorney Donald S. Boyce is handling this case.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Six-Time Bank Robber from Philadelphia Sentenced to over 10 YearsRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Justin O’Brien, 33, of Philadelphia, PA, was sentenced to 10 years and 10 months in prison, three years of supervised release, and ordered to pay $7,244 in restitution by United States District Court Judge Nitza I. Alejandro-Quinones for armed bank robbery.
In December 2019, O’Brien pleaded guilty to committing an armed bank robbery on March 12, 2019, taking $1,260 from an employee of Firstrust Bank on Lancaster Avenue in Bryn Mawr, PA. The defendant also admitted to committing an assault by the use of a dangerous weapon – namely, a facsimile firearm (pellet gun).
As part of the plea agreement, O’Brien also acknowledged his guilt for five other bank robberies, and agreed that the Court could sentence him as if he had been convicted of these crimes: 1) the October 29, 2018 bank robbery of the Tompkins VIST Bank on Verree Road in Philadelphia, resulting in a loss of approximately $1,880; 2) the November 9, 2018 bank robbery of the M&T Bank on Frankford Avenue in Philadelphia, resulting in a loss of approximately $451; 3) the March 1, 2019 armed bank robbery of the Firstrust Bank on Krewstown Road in Philadelphia, resulting in a loss of approximately $975; 4) the March 8, 2019 armed bank robbery of the Tompkins VIST Bank on West Lancaster Avenue in Radnor Township, resulting in a loss of approximately $600; and 5) the March 18, 2019 bank robbery of the PNC Bank on Market Street in Philadelphia, resulting in a loss of approximately $2,078.
“O’Brien’s bank robbery spree terrorized innocent employees and showed a contempt for the law,” U.S. Attorney McSwain. “But federal crime means federal time, and now O’Brien has earned a long stint behind bars. My Office’s anti-violence public awareness campaign warns against the serious consequences of committing violent crime in the Eastern District of Pennsylvania. You can learn more about this campaign on our District website.”
“Thanks to the hard work of the Philadelphia FBI and its local partners, Justin O’Brien will no longer be in a position to terrorize the community,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “While today’s sentence cannot undo the harm O’Brien caused his victims, it sends a message that if you commit a violent crime, the FBI and our law enforcement partners will work tirelessly to bring you to justice.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was investigated by the Federal Bureau of Investigation, the Lower Merion Township Police Department, the Philadelphia Police Department, and the Radnor Township Police Department. It is being prosecuted by Assistant United States Attorney Thomas M. Zaleski.
Seattle man arrested for making bomb threat to Portland, Oregon, Police precinctRead the Press Release
(Seattle) - A 36-year-old Seattle man was arrested today and appeared in U.S. District Court in Seattle for making a threat to damage or destroy a building–in this case a Portland, Oregon, police precinct, announced U.S. Attorney Brian T. Moran. KYLE ROBERT TORNOW is accused of using an online communication system to claim he had planted explosives at a Portland, Oregon, Police precinct.
According to records file in the case, on July 24, 2020, TORNOW allegedly used the Portland Police TrackIT system to send a message claiming he had planted an explosive at one of the city’s police precincts. Using an alias, TORNOW claimed he had planted a bomb that was “undetectable” to canine searchers and that if he were caught, “others will take my place and immediately detonate the bomb.” The communication claimed it was a “felony threat” and needed to be taken “seriously to avoid death.”
FBI agents were able to trace the communications back to TORNOW, and he was arrested without incident this morning.
Making a threat to damage or destroy a building is punishable by up to ten years in prison and a $250,000 fine.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the FBI. The case is being prosecuted by Assistant United States Attorney Thomas Woods.
Seattle Man Charged with Civil Disorder After Shooting Portland Firefighter with Ball BearingRead the Press Release
PORTLAND, Ore.—Jesse Herman Bates, 38, of Seattle, Washington, has been charged by criminal complaint with civil disorder after shooting a firefighter with a ball bearing during a protest in Portland on July 13, 2020, announced Billy J. Williams, U.S. Attorney for the District of Oregon.
According to court documents, in the early morning hours of July 13, 2020, a firefighting crew was working to put out a fire burning in the middle of an intersection in downtown Portland that was blocking traffic. A crowd of approximately 300 people were in the immediate area, some of whom were assaulting police officers and committing acts of vandalism and property damage. A firefighter, who was wearing a grey uniform with a large medic patch, was walking across the street to brief his team when he was shot in the chest with a round metal ball bearing.
The firefighter said the shot came from a protester armed with a “wrist rocket” style slingshot. A Multnomah County Sheriff’s Office deputy saw the suspect on camera and identified Bates as the slingshot shooter. Bates was also identified by his clothing. At approximately 3:50 a.m, law enforcement officers spotted Bates near a white tent in Lownsdale Square holding a crowbar. When officers confronted him and told him he was under arrest, Bates ran with the crowbar in hand. After receiving a less lethal munition to his backside, Bates dropped the crowbar and was taken into custody. He was later released.
On August 25, 2020, detectives from Seattle Police Department’s Robbery Unit received Bates’ outstanding federal arrest warrant and promptly issued a department-wide notice. Seattle police officers checked Bates’ last known address in West Seattle and learned that he was known to frequent Cal Anderson Park in the city’s Capitol Hill neighborhood. On September 1, 2020, bicycle officers spotted Bates on East Broadway Avenue near the park and arrested him without incident. He was then transferred to the District of Oregon by the FBI.
Bates made his initial appearance in federal court today before a U.S. Magistrate Judge. He was ordered released pending further court proceedings. If convicted, Bates faces a maximum sentence of five years in federal prison.
This case was investigated by the FBI. It is being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.