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Friday 28 August 2020
Statement from Attorney General William P. Barr on the Ninth Circuit’s Stay in the Case Concerning the Federal Courthouse in PortlandRead the Press Release
Attorney General William P. Barr issued the following statement on the Ninth Circuit's stay in Index Newspapers LLC, et al v. United States Marshals Service, et al:
“Last night, the U.S. Court of Appeals for Ninth Circuit entered an order temporarily blocking an injunction entered by a federal district court in Portland that imposed extensive but vaguely defined constraints on federal law enforcement personnel striving to protect the federal courthouse and surrounding areas in Portland from destruction. In practical effect, the district court’s order prevented the federal government from effectively addressing violent mobs through the general crowd-control measures that are required, and it unacceptably increased the risk of serious injury to federal law enforcement officers. The Ninth Circuit’s decision is an important step that will allow federal officers to continue carrying out their important security responsibilities without being subject to untenable conditions.
As the Department of Justice explained in our briefing, federal officers in Portland – like law enforcement in other parts of the country – have confronted aggressive mob violence. Behind the veil of “protests,” highly organized violent operators have carried out direct attacks on federal personnel and property, particularly the federal courthouse in Portland. Shielded by the crowds, which make it difficult for law enforcement to detect or reach them, violent opportunists in Portland have attacked the courthouse and federal officers with explosives, lasers, projectiles, and other dangerous devices. In some cases, purported “journalists” or “legal observers” have provided cover for the violent offenders; in others, individuals wearing supposed press badges have themselves attacked law enforcement or trespassed on federal property. More than 200 federal officers have been injured in Portland alone.
The Portland city government has the ability to stop this. Instead, the city government has abetted the violence through action and inaction, neutered the ability of the police department to deal with the mobs, impeded the ability of police to coordinate with federal law enforcement, and refused to pursue charges against the rioters. By contrast, the U.S. Attorney’s Office in Portland has charged 74 people with federal crimes arising from the Portland riots, including arson, assaulting federal officers, and destruction of federal property. The message should be unmistakable: The First Amendment protects the rights to speak and assemble, but not to attack people or property. The Department of Justice will continue to fully and fairly enforce federal law against these violent rioters.”
Statement by Department of Justice Spokesperson Kerri Kupec on the Execution of Keith Dwayne NelsonRead the Press Release
Department of Justice Spokesperson Kerri Kupec has issued the following statement:
“Today, Keith Dwayne Nelson was executed at U.S. Penitentiary Terre Haute in accordance with the capital sentence recommended by a jury in 2001 and imposed by the U.S. District Court for the Western District of Missouri in 2002. Nelson was pronounced dead at 4:32 p.m. EDT by the Vigo County Coroner.
In October 1999, Nelson told an acquaintance that he wanted to kidnap, rape, torture, and kill a young girl he had seen in Kansas City, Kansas. Shortly thereafter, Nelson parked his white pickup truck outside the home of 10-year-old Pamela Butler, who was rollerblading nearby. As Pamela skated by the truck, Nelson grabbed her around the waist, threw her into the truck, and sped away as Pamela’s sisters looked on in terror. Sometime later that day, Nelson raped Pamela, strangled her to death with a wire, and buried her in a forest behind a church in Kansas City, Missouri. In October 2001, Nelson pleaded guilty to the kidnapping and unlawful interstate transportation of a child for the purpose of sexual abuse resulting in death, and the district court, consistent with a federal jury’s recommendation, later sentenced him to death. His conviction and sentence were affirmed on appeal, and his claims for collateral relief were denied by every court that considered them.
More than two decades after viciously taking the life of Pamela Butler, causing untold devastation to those who loved her, Nelson finally faced the justice he deserved. Family members of Pamela Butler, including her mother, attended the execution and witnessed implementation of the sentence for Nelson’s horrific crime.”
St. Louis Alderman Larry Arnowitz Pleads Guilty and is Sentenced for Using Campaign Funds for His Own Personal UseRead the Press Release
St. Louis, MO –Larry Arnowitz, 66, of St. Louis, Missouri, was sentenced today by United States District Court Judge Steven R. Clark to eighteen months imprisonment after pleading guilty to one count of mail fraud related to his illegal use of campaign funds for his personal use and expenses. The Court ordered Arnowitz to serve twelve months within the Bureau of Prisons, and six months of home confinement following release from prison. Arnowitz was also ordered to make restitution to the victims in the amount of $21,197.85.
According to the Indictment and Plea Agreement, Arnowitz served as the Alderman for the 12th Ward of the City of St. Louis, having first been elected during 2011. Arnowitz maintained his political campaign account under the name “Friends of Larry Arnowitz.” Numerous individuals and organizations contributed to the Friends of Larry Arnowitz based upon representations that their political donations would be properly and legally used for campaign and reelection purposes. From June, 2015 through February, 2019, Arnowitz instead used donated campaign funds for personal expenses, unrelated to any legitimate campaign or reelection purpose. Arnowitz used funds from the Friends of Larry Arnowitz campaign account to make payments towards his personal residential mortgage and for other personal expenses, and he made substantial cash withdrawals from the account for his own personal use and expenses.
Further, during 2018 and 2019, Arnowitz held fundraising events at the Sugar Creek Golf Course, where participating players donated funds to the “Friends of Larry Arnowitz” campaign committee, either by check or cash. Following those fundraising events, Arnowitz failed to deposit any cash donations and one or more checks into his campaign committee account, spending those donated proceeds instead on personal expenses unrelated to any legitimate campaign or reelection purpose.
In order to conceal his fraud, Arnowitz filed false reports with the Missouri Ethics Commission, which reports failed to identify the many cash withdrawals from the Friends of Larry Arnowitz campaign account, and which failed to identify payments made directly from the Friends of Larry Arnowitz campaign account which were made for his own personal use, unrelated to any campaign or reelection purpose. As one example, on February 13, 2019, Arnowitz withdrew $5,000 from his Friends of Larry Arnowitz campaign account in the form of a cashier’s check, which he then mailed to Ocwen Financial Services in partial payment of his personal residential mortgage.
The Federal Bureau of Investigation investigated this case. Assistant U.S. Attorney Hal Goldsmith handled the case for the U.S. Attorney’s Office.
Scranton Man Sentenced to 41 Months’ Imprisonment for Conspiracy to Distribute Bath SaltsRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kevin Peterson, age 36, of Scranton, Pennsylvania, was sentenced to 41 months’ imprisonment followed by three years on supervised release on August 25, 2020, by U.S. District Court Judge Malachy E. Mannion for participating in a conspiracy to distribute alpha-pvp, commonly known as “bath salts.”
According to United States Attorney David J. Freed, Peterson admitted to agreeing with others to distribute the drug to customers in the Luzerne County area during 2014 and 2015. The members of the conspiracy obtained the alpha-pvp from suppliers in China.
Peterson was one of seven people charged by a grand jury in August 2016. That indictment was the fourth wave of arrests connected to alpha-pvp distribution in Luzerne County. In all, 18 people have been charged in the case since July 2013, including the Texas-based suppliers of the bath salts. All of the defendants have entered guilty pleas in the case.
The investigation was conducted by Homeland Security Investigations, United States Postal Inspectors, the Drug Enforcement Administration, members of the Pennsylvania State Police, and local police from Luzerne County. Assistant United States Attorney Francis P. Sempa prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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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San Diego Man Sentenced to more than 11 years in Federal Prison for Child Pornography OffensesRead the Press Release
RELEASE SUMMARY – August 28, 2020
SAN DIEGO - Christopher Duane Wade was sentenced in federal court today to more than 11 years in federal prison for distribution of child pornography. Wade first came to the attention of law enforcement in April of 2019, when he communicated with an undercover agent from Homeland Security Investigations (HSI), posing as a 13-year-old girl on an encrypted chat application. After more than a week of sexually explicit chats with the apparent 13-year-old girl, Wade arranged a meeting. When Wade showed up for the meeting, he was met by HSI special agents. Agents seized Wade’s cellular phone and found it contained child pornography, including depictions of the abuse of very young children. Wade’s cell phone also contained chat discussions between Wade and other individuals, where Wade sent others files of child pornography.
In the sentencing proceedings, the Government argued that Wade, who pled guilty to child pornography charges, engaged in egregious conduct that distinguished him from other child pornography offenders. The prosecutor pointed to conversations located on Wade’s cell phone that encouraged others to sexually abuse minors to whom they had access, and to document such abuse for purposes of distributing it to others. Wade had also engaged in sexually explicit chats with two other undercover agents posing as minors prior to his arrest.
Following his release from federal prison, the Court imposed a 10-year term of supervised release, during which time Wade will be required to comply with special conditions, including conditions prohibiting him from having contact with minors.
“One of our most important roles as prosecutors is to protect our nation’s vulnerable children,” said U.S. Attorney Robert Brewer. “In addition to personally engaging in despicable conduct, this defendant worked to recruit others to follow in his footsteps. The sentence set forth today makes our community safer and recognizes the severe harm child pornography inflicts on its victims.” U.S. Attorney Brewer commended Assistant U.S. Attorney Janet Cabral and the agents at Homeland Security Investigations for their work on this case.
This case is the result of the ongoing efforts of the Violent Crime and Human Trafficking (VCHT) Section of the U.S. Attorney’s Office. Formed in 2019, by U.S. Attorney Robert Brewer, the VCHT is tasked with leading collaborations between federal and local law enforcement in the investigation and prosecution of cases involving violent crimes, firearms and gang cases; sex trafficking and child exploitation; civil rights, and labor trafficking. The VCHT Section oversees the Southern District of California Coordinators for Project Safe Childhood, Project Safe Neighborhoods, and Human Trafficking.
DEFENDANT Criminal Case No. 19cr2285-DMS
Christopher Duane Wade Age: 41 San Diego, CA
SUMMARY OF CHARGE
Title 18, United States Code, Section 2252(a)(2), Distribution of Images of Minors Engaged in Sexually Explicit Conduct
Maximum penalties: 5-20 years in prison
INVESTIGATING AGENCIES
Homeland Security Investigations
Ruidoso police officer charged with sending child pornography by emailRead the Press Release
ALBUQUERQUE, N.M. – Christopher Bryant, 46, of Ruidoso, New Mexico made an initial appearance in federal court in Las Cruces, New Mexico yesterday on charges of transportation of child pornography.
According to a criminal complaint, Bryant committed these offenses between Aug. 13 and Aug. 17 in Lincoln County, New Mexico. He alleged found child pornography on the internet and took screenshots of three images of children engaged in sexually explicit conduct. Bryant, who is a detective for the Ruidoso Police Department, allegedly sent the images to himself by email.
Bryant is currently in custody and will return to court Tuesday, Sept. 1 for preliminary and detention hearings. A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The FBI investigated this case with the support of the Ruidoso Police Department. Assistant U.S. Attorneys Matilda McCarthy Villalobos and Dustin Segovia are prosecuting the case.
Robbery Crew Ringleader Sentenced to Nearly 4 Years in Prison for Jewelry Heists that Netted More Than $800,000 in Stolen GoodsRead the Press Release
SANTA ANA, California – The ringleader of a prolific robbery crew that targeted traveling jewelry salespeople, following them for many miles at times and inflicting at least $835,000 in losses, was sentenced today to 45 months in federal prison.
Federico Santiago Quiroz Lucca, 52, a.k.a. Christian Sergio Alessandro Hernandez Valenzuela, of the Rampart Village neighborhood of Los Angeles, was sentenced via videoconference by United States District Judge James V. Selna, who also ordered him to pay $835,000 in restitution. Lucca pleaded guilty in December 2019 to one count of conspiracy to interfere with commerce by robbery.
From October 2017 until April 2019, Lucca and his co-conspirators surveilled and conspired to rob a series of jewelry salespeople and bank customers in the Los Angeles metropolitan area, the San Francisco Bay Area and Denver. Lucca led and organized the crew’s activities, enlisting help from several Colombian nationals who traveled to Los Angeles to participate in the conspiracy and robberies. He also used his apartment as a base of operations and meeting place where some co-conspirators lived, and equipment and stolen goods were stored.
The various heists followed a similar pattern: a member of the crew known as a “scout” identified a victim who was likely to be carrying jewelry or cash. The victims typically were jewelers conducting business at jewelry stores or malls in Orange County, the Jewelry District in downtown Los Angeles, or at various trade shows. The scout followed the victim, and would wait for an opportunity when the scout and co-conspirators could rob the jeweler.
The co-conspirators followed victims to locations such as gas stations and hotels, where the defendants used a ruse, such as puncturing a car tire to stop the victim, and then posed as a Good Samaritan, or simply used force, to rob the victims.
For example, on February 8, 2018, Lucca and his crew spent four hours following a traveling jewelry salesman making rounds on behalf of his employer to jewelry stores in Orange County. As the victim returned to his car after stopping in Cypress, he was violently pushed from behind, falling into his car door, and his bag containing approximately $400,000 in jewelry was stolen.
In a January 2019 incident, a couple who operated a jewelry business in Connecticut was participating in a jewelry show at the Los Angeles Convention Center, when a man wearing a yellow and orange safety vest asked to help them pack up their belongings. The man in the safety vest ended up pushing their large cart with all their belongings – including a bag containing approximately $400,000 in jewelry – and the bag was later discovered to be missing. Evidence subsequently developed by investigators determined that Lucca’s robbery crew had tracked the victims for days.
Lucca and two co-conspirators were arrested in April 2019 in Northern California after they surveilled various locations, including jewelry stores, a residence, and the Santa Clara Convention Center, where a jewelry show was scheduled to occur. They have been in federal custody since that time.
The total admitted losses in this case were at least $835,000.
Three of Lucca’s co-conspirators – Jose Manuel Lopez Molina, 48, a.k.a. Nestor Eduardo Munoz Laguna, of Colombia; Roberto Alonso Castellanos, 51, a.k.a. Pablo Garzon Leon, of Pomona, and; Jose Oscar Cupitre Nuñez, 48, of Australia, -- pleaded guilty to criminal charges in this case. Castellanos and Molina received prison sentences. Nuñez’s sentencing hearing is scheduled for October 26. A fifth defendant, Roberto Melendez Falcon, 54, a.k.a. Arnulfo Delgado Rengifo, of Los Angeles, is scheduled to go on trial in this matter on January 26, 2021.
The FBI and Los Angeles Police Department investigated the matter.
This case was prosecuted by Assistant United States Attorneys Khaldoun Shobaki of the Cyber and Intellectual Property Crimes Section and Joshua O. Mausner of the Violent and Organized Crime Section.
Refugee Convicted of Immigration Fraud and Removed to SomaliaRead the Press Release
TUCSON, Ariz. – Last week, Mohamed Abdirahman Osman, aka, Mustaf Adan Arale, 29, of Mogadishu, Somalia, was sentenced to time served by District Court Judge Rosemary Marquez. Osman previously pleaded guilty to two felony counts of False Swearing in an Immigration Matter. Osman has been in custody for two years.
At the time of his refugee application, and again when seeking his permanent legal resident alien status, Osman failed to disclose to the United States Citizenship and Immigration Services (USCIS) that he also used another identity. Osman admitted that he knew that if he had disclosed the true information, he would have been denied entry into the United States.
“We will do everything we can to preserve the integrity of the refugee application process in the United States,” said United States Attorney Michael Bailey. “There are individuals throughout the world who are being persecuted and seeking status in the United States. Osman undermined the system and those individuals with valid claims by lying his way into receiving entry.”
As a result of his convictions, Osman’s refugee status was revoked and a Judicial Order of Removal was issued requiring Osman be removed to Somalia. On August 28, 2020, Osman boarded a flight from Arizona to return to Somalia. Osman is prohibited from returning to the United States without proper legal authority.
“Homeland Security Investigations (HSI) is committed to thoroughly investigate those who seek to undermine our nation’s security by compromising the integrity of our immigration laws,” said Scott Brown, special agent in charge for HSI Phoenix. “This case is a perfect example of how HSI and other federal agencies work together to combat those trying to defraud the government. We will continue to work closely with our law enforcement partners to hold those involved of these types of criminal schemes accountable.”
“USCIS is proud to play a critical role in preserving our nation’s rich history of lawful immigration,” said USCIS Tucson Field Office Director Julie Hashimoto. “Thus, we have a responsibility to protect the integrity of the system. This conviction demonstrates the severe consequences for using false information in order to gain an immigration benefit.”
The Federal Bureau of Investigation, HSI, and USCIS investigated this matter. Beverly K. Anderson, Assistant United States Attorney, handled the prosecution.
CASE NUMBER: CR-18-1584-TUC-RM
RELEASE NUMBER: 2020-071_Osman# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Providence Holy Cross Medical Center Agrees to Improve Access for Deaf and Hard of Hearing Patients and to Compensate FamilyRead the Press Release
LOS ANGELES – Providence Health System – Southern California, which operates Providence Holy Cross Medical Center in Mission Hills, has entered into a settlement with the United States, agreeing to comply with the Americans with Disabilities Act (ADA) by ensuring effective communication for patients who are deaf or hard of hearing.
The settlement, which was finalized today, resolves allegations that Providence failed to provide a qualified sign language interpreter or other appropriate assistance to an elderly deaf patient who went to the San Fernando Valley facility on four consecutive days for medical tests and procedures. The patient’s adult children had to take time off work – and one had to fly across the country – to interpret for the patient, including during consultations that included complex medical terms the patient’s children struggled to interpret. One of the patient’s children even had to wear a hairnet and surgical mask to interpret just before a procedure.
The settlement requires Providence to do the following:
- Provide appropriate auxiliary aids and services, including qualified interpreters, where necessary to ensure effective communication to patients and their companions who are deaf or hard of hearing;
- Advertise the availability of auxiliary aids and services;
- Designate an ADA Coordinator to ensure access to appropriate auxiliary aids and services necessary for effective communication;
- Train staff on the appropriate and timely use of auxiliary aids and services, including qualified interpreters, to ensure effective communication;
- Conduct individualized assessments for patients who are deaf or hard of hearing to determine what auxiliary aids and services are best suited for their needs; and
- Pay $100,000 in compensation to the patient and his family.
Assistant United States Attorney Matthew Nickell of the Civil Division’s Civil Rights Section handled this matter.
Providence cooperated with the government’s investigation.
This year marks the ADA’s 30th anniversary. The Justice Department will continue to use its enforcement and technical assistance tools to eliminate unlawful discrimination against individuals with disabilities.
For more information on the ADA, please call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access the ADA website at http://www.ada.gov.
Prison, Restitution Ordered for Florida Woman Guilty in A Student Financial Aid Identity Theft SchemeRead the Press Release
ALBANY, Ga. – A Florida woman who concocted a complicated student financial aid fraud scheme, stealing the identities of 2,300 people, has been sentenced to prison and will pay back more than $300,000 in restitution, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia.
April Thornton, 35, of Lake Alfred, Florida was sentenced by U.S. District Judge Louis Sands on Thursday, August 27 to 36 months in prison and three years of supervised release after she pleaded guilty to possession of unauthorized devices. Judge Sands also ordered Thornton to pay restitution to the IRS in the amount of $217,738 and to the U.S. Department of Education in the amount of $121,238, for a total of $338,976 in restitution. There is no parole in the federal system.
According to facts admitted by the defendant, Thornton’s illegal activity was first discovered during a routine traffic stop in 2014 by a Cook County deputy. The deputy, smelling marijuana from the car and discovering Thornton’s driver’s license was suspended, executed a legal search, finding a large amount of personal identity information, financial information and medical information scattered throughout the car and in the trunk, ranging from college debit cards to social security numbers. Officers found personal identity information for several people who were found to be student financial aid fraud victims. Investigators ultimately discovered that Thornton filed 202 false tax returns with the IRS between 2011 and 2013, receiving $217,738 in refunds. Investigators also discovered 32 student fraud victims from the names Thornton possessed, including the dispersal of $121,238 in fraudulent student loans, often received in debit cards. In all, investigators found Thornton possessed the identities of 2,300 people, with Thornton attempting to reap $1,563,166 in illegal gains.
“Stealing identities to then steal money from the government hurts those whose identities were stolen and the American taxpayer. Identity theft severely disrupts a person’s life and oftentimes the damage is done before a person is even aware they have been the victim of a crime. Our office will pursue justice for victims of identity theft and recover money stolen from the United States,” said Charlie Peeler, the U.S. Attorney. “IRS Criminal Investigation, the U.S. Secret Service, the U.S. Department of Education’s Office of Inspector General and the Cook County Sheriff’s Office did an excellent job investigating this complicated scheme, and helping bring justice for the victims.”
“Identity theft inflicts a tremendous amount of damage on innocent victims,” said James E. Dorsey, Special Agent in Charge of the IRS Atlanta Field Office. “Ms. Thornton perpetuated an elaborate scheme driven by greed and a blatant disregard for her victims. Today’s sentencing is two-fold: Justice being served to Ms. Thornton and to the victims of a sophisticated stolen identity refund fraud scheme. We will continue to pursue criminals who prey on innocent victims, and we will continue to enforce our nation’s tax laws.”
“Identity theft is an ever-increasing problem across the country. Victims have their lives invaded in a way that often causes long-lasting financial consequences. The United States Secret Service, along with our law enforcement partners, remain committed to aggressively pursuing those committing these crimes,” said Clint Bush, Resident Agent in Charge, Albany, Georgia Resident Office, United States Secret Service.
“Federal student aid exists so that individuals can make their dream of a higher education a reality. Ensuring that those who steal student aid – through identity theft or other means – are stopped and held accountable for their criminal actions is a big part of our mission,” said Neil Sanchez, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Southern Regional Office. “I’m proud of the work of the Office of Inspector General and our law enforcement partners for their work in this case, and we will continue to work together to stop those who steal federal education funds. America’s students and taxpayers deserve nothing less.”
The case was investigated by the Internal Revenue Service-Criminal Investigations, the U.S. Secret Service, the U.S. Department of Education Office of Inspector General’s Southern Regional Office and the Cook County Sheriff’s Office. Assistant U.S. Attorney Robert McCullers prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Overdose calls increase 24% and higher in some counties during COVIDRead the Press Release
MARTINSBURG, WEST VIRGINIA – As the Northern District of West Virginia continues to see the effects of the opioid epidemic, U.S. Attorney Bill Powell is concerned about the increase in overdose calls during the peak months of COVID.
From March through June 2020, the state of West Virginia, as did many other states across the country, closed many public places and asked that residents shelter in place. During this same time frame, the number of EMS calls due to suspected overdoses was 24% higher than the same time frame in 2019 for the five counties with the highest overall calls in the Northern District of West Virginia: Berkeley, Harrison, Monongalia, Jefferson, and Marion.
“In speaking with those on the front lines battling the drug epidemic, this isn’t a coincidence. The isolation, job loss, and disruption in some treatment services most likely led to this increase. This is a concerted group effort. I know we can’t prosecute our way out of the issue. And while we need to be ever vigilant in getting the drugs off the streets, we will also continue our community outreach work,” said Powell. “My office has worked diligently through this pandemic to stop the dealers in their tracks, and we are also working with Quick Response Teams, educators, and the West Virginia Office of Drug Control Policy to assist those offering prevention and treatment solutions.”
The U.S. Attorney’s Office offers prevention education, support with Quick Response Teams, community informational meetings, and other forms of outreach. For more information on outreach efforts, go to https://www.justice.gov/usao-ndwv/programs/community-outreach.
The data is collected by the West Virginia Office of Drug Control Policy from Emergency Medical Service providers across each county. To view the data, go to https://dhhr.wv.gov/office-of-drug-control-policy/datadashboard/Pages/default.aspx.
North Platte Man Receives 40-Year Sentence for Production of Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Cory D. Preitauer, 30, formerly of North Platte, Nebraska, was sentenced today in Lincoln, Nebraska, by Chief United States District Judge John M. Gerrard for conspiracy and production of child pornography. Preitauer was sentenced to 40 years in prison and a lifetime of supervised release. There is no parole in the federal system.
In March of 2019, a state search warrant was served at the home of a target living in Kansas City, Missouri. During a forensic examination of the computer seized in the Kansas City investigation the examiners located screenshots of a chat between the Kansas City target and Preitauer’s co-defendant Mathew Goad. During the chat, Goad indicated he had sexually assaulted a child and recorded that assault. Goad then sent the recording to the target. Further investigation revealed that Goad and Preitauer were both involved in the production of the video. After his arrest, Preitauer admitted to law enforcement that he and Goad created the video of the sexual assault. The child was four years old at the time the video was created. Goad was previously sentenced by this Court.
After today’s sentencing, FBI Omaha Special Agent in Charge Kristi Johnson said, “The FBI takes an active role in protecting children. The sentencing of Cory Preitauer is an example of our commitment to removing sexual predators from children’s lives.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation.
New Haven Man Sentenced to Prison for Distributing HeroinRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that CHRISTIAN RIVERA-TORRES, also known as “Pantera,” 41, of New Haven, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 24 months of imprisonment, followed by three years of supervised release, for distributing heroin.
According to court documents and statements made in court, an investigation headed by the Drug Enforcement Administration New Haven Task Force and New Haven Police Department revealed that Malbin Rubiera-Herrera, also known as “Chaca,” acquired fentanyl, heroin and cocaine from sources in Connecticut and New Jersey and distributed the drugs through a network of associates in the greater New Haven area. Between October and December 2018, investigators made controlled purchases of narcotics from Rubiera-Herrera. Subsequent court-authorized wiretaps revealed a widespread narcotics trafficking conspiracy that involved the trafficking of kilogram-quantities of fentanyl, heroin and cocaine into Connecticut.
The investigation revealed that Rivera-Torres received heroin from Rubiera-Herrera and sold the drug to his own customers.
On June 5, 2019, a grand jury returned a superseding indictment charging Rivera-Torres, Rubiera-Herrera and 12 other individuals with fentanyl, heroin and cocaine trafficking offenses.
Rivera-Torres has been detained since his arrest on state charges on May 7, 2019. On October 24, 2019, he pleaded guilty in federal court to one count of conspiracy to distribute, and to possess with the intent to distribute, heroin.
A search of Rubiera-Herrera's residence at the time of arrest on April 30, 2019, revealed approximately 300 grams of fentanyl. He pleaded guilty on June 20, 2019, and awaits sentencing.
Rivera-Torres’ criminal history spans more than 20 years and includes numerous state convictions.
This matter is being investigated by the DEA New Haven Task Force and the New Haven Police Department, with the assistance of the Federal Bureau of Investigation, Department of Homeland Security, U.S. Marshals Service, Connecticut State Police, Connecticut Department of Correction, East Haven Police Department, Easton Police Department, Orange Police Department, and the Cape May County (N.J.) Prosecutor's Office, Gangs, Guns and Narcotics Task Force.
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.
This case is being prosecuted by Assistant U.S. Attorneys Jocelyn Courtney Kaoutzanis and S. Dave Vatti.
Montgomery Man Sentenced to Ten Years in Prison for Possession of Child PornographyRead the Press Release
Montgomery, Alabama – On Wednesday, August 26, 2020, Charles Bennett Salter III, a 38-year-old resident of Montgomery, Alabama, was sentenced to 121 months in prison after pleading guilty to possession of child pornography, announced United States Attorney Louis V. Franklin, Sr. The pronounced sentence in this case was at the very top of the federal sentencing guidelines. After serving his sentence, Salter will be on supervised release for five years and must register as a sex offender.
The investigation into Salter’s online activity began in February 2018. Over the course of the investigation, law enforcement found more than 3,000 images and 86 videos of child pornography on various electronic devices. The National Center for Missing and Exploited Children (NCMEC) examined the devices and identified more than 1500 images of known victims. Although law enforcement did not identify any local victims in the images and videos containing child pornography, during the sentencing hearing, the judge noted that an additional 439 images of clothed children were found on Salter’s cell phone that may have been taken by him in, or around, the Montgomery area. These photos were from various public places, such as stores and restaurants, and appeared to have been taken without the children’s knowledge. Many of these images focused on the buttocks or genital areas of the unsuspecting children. It was also noted that female dolls of various sizes, one with its arms bound behind its back, along with children’s underpants and white duct tape, were found by agents in Salter’s bedroom.
“Let me be clear, the possession of child pornography is not a victimless crime,” stated U.S. Attorney Franklin. “The children in these images are real victims, who suffer real trauma when photographed while being molested and/or posing in sexually suggestive positions. In fact, the victimization is repeated each time that photograph is shared with someone else. The evidence proves that Salter had a sexual interest in children and it played a role in creating the demand for child pornography. Even more disturbing was the covert capturing of images of local children. Make no mistake, Salter is a predator and I believe the prison sentence he received was justified and necessary to protect our children from the threat he posed.”
This case was investigated by the Alabama Law Enforcement Agency (ALEA), with assistance from the Montgomery Police Department, the Prattville Police Department, the Tallassee Police Department, and the United States Marshals Service. Assistant United States Attorneys Russell Duraski and Hollie Reed prosecuted the case.
Minneapolis Felon Sentence to 10 Years in Prison for Illegal Possession of A FirearmRead the Press Release
United States Attorney Erica H. MacDonald today announced the guilty plea and sentencing of TYRONE ANTHONY LAMAR STEWART, 35, to 10 years in prison for possessing a firearm as a felon. STEWART pleaded guilty and was sentenced earlier today before Senior Judge Ann D. Montgomery in U.S. District Court, in Minneapolis, Minnesota.
According to STEWART’s guilty plea and documents filed with the court, on October 9, 2019, law enforcement with the South West Hennepin County Drug Task Force executed a state search warrant at STEWART’s residence in Minneapolis. Law enforcement found approximately 60 grams of heroin, a 9 mm semi-automatic pistol, and two digital scales. Because STEWART has previous felony convictions, under federal law, he is prohibited at any time from possessing a firearm or ammunition.
This case is the result of an investigation by the Minneapolis Police Department, Hennepin County Sheriff’s Office, the South West Hennepin County Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state, and local law enforcement to combat violent crime. This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.
Assistant U.S. Attorney Thomas Calhoun-Lopez is prosecuting the case.
Defendant Information:
TYRONE ANTHONY LAMAR STEWART, 35
Minneapolis, Minn.
Convicted:
- Possessing a firearm as a felon, 1 count
Sentenced:
- 120 months in prison
- 3 years supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Maysville Man Sentenced to 300 Months for Drug TraffickingRead the Press Release
COVINGTON, Ky. – A Maysville, Kentucky man, Shane A. Fox, 39, was sentenced to 300 months in federal prison on Friday, by U.S. District Judge David Bunning, for conspiracy to distribute 280 grams or more of crack cocaine and possession of crack cocaine with intent to distribute.
According to his plea agreement, Fox was the leader of a conspiracy that obtained approximately 15 kilograms of powder cocaine, converted the bulk of it to crack cocaine, and then distributed the substance in the Maysville, Kentucky area, between 2017 and June 24, 2019. Fox had five prior felony convictions for drug offenses at the time of these offenses and committed his current offense of conviction while on parole.
Other members of the conspiracy have already been sentenced for their roles: Jackson Bennett was sentenced to 120 months; Demarcus Gibbs was sentenced to 120 months; Robert Turner was sentenced to 66 months; Demetrius Morton was sentenced to 60 months; Lyric Holmes was sentenced to 24 months; Melanie Johnson was sentenced to 24 months; And Aireus Johnson was sentenced to 18 months.
Fox pleaded guilty in February of 2020.
Under federal law, Fox must serve 85 percent of his prison sentence and, will be under the supervision of the U.S. Probation Office for 10 years after his release from prison.
"Shane Fox was the ring-leader of a drug trafficking organization whose purpose was to distribute crack cocaine in and around Maysville,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “The thorough investigation conducted by law enforcement led to the dismantling of Fox’s organization, to its members being held accountable for their criminal acts, and Maysville being made safer. The sentence imposed on Fox was warranted because of his leadership role in the organization and his lengthy criminal history.”
U.S. Attorney Duncan, and Keith Martin, Special Agent in Charge, DEA Detroit Field Division, jointly announced the sentences.
The investigation was conducted by the DEA. The United States was represented by Assistant U.S. Attorneys Jennifer Weinhold and Tony Bracke.
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Maryland Fraudsters Facing Federal Indictment for Fraudulent $28 Million Investment Ponzi SchemeRead the Press Release
Greenbelt, Maryland – A federal grand jury has indicted Dennis Mbongeni Jali, age 35, formerly of Upper Marlboro, Maryland; John Erasmus Frimpong, age 40, of Upper Marlboro; and Arley Ray Johnson, age 61, of Bowie, Maryland on federal charges of conspiracy, wire fraud, securities fraud, and money laundering. The indictment was returned on July 27, 2020, and was unsealed today.
The indictment 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; Special Agent in Charge Matthew S. Miller of the United States Secret Service - Washington Field Office; and Postal Inspector in Charge Peter R. Rendina of the U.S. Postal Inspection Service - Washington Division.
“The defendants allegedly recruited investors at churches, presenting themselves as pastors concerned about the investors’ financial freedom,” said U.S. Attorney Robert K. Hur. “The indictment alleges that instead, the defendants used new investments to further their Ponzi scheme and to fund their lavish lifestyles, including luxury vehicles and private jets.”
“In a time of such financial insecurity, the defendants allegedly preyed on their victims with false hope of financial security,” said FBI Special Agent in Charge Jennifer Boone. “They used the victims’ hard earned money for luxury cars, private jets and family vacations while the victims ended up with false promises and empty hopes.”
“The U.S. Postal Inspection Service has a proud history of protecting the American public from fraud by thwarting criminals using our nation’s mail system in furtherance of their scams,” said Postal Inspector in Charge Peter R. Rendina. “This case represents excellent work from Postal Inspectors and our federal law enforcement partners.”
According to the indictment, Jali was the sole owner of The Smart Partners LLC (“Smart Partners”), which Jali organized in Delaware on January 12, 2017. From at least August 2017 until May 2019, Smart Partners was doing business as “1st Million Dollars,” or “1st Million,” which Jali caused to be registered as a limited liability company with the Maryland Department of Assessments and Taxation on January 17, 2019. 1st Million’s offices were headquartered in Largo, Maryland, but had satellite offices elsewhere, including Florida. Jali served as 1st Million’s Chief Executive Officer and Frimpong served as Chief Marketing Officer. From May 2018 until May 2019, Johnson served as 1st Million’s Chief Operating Officer.
As alleged in the indictment, 1st Million presented itself as a wealth management and financial literacy company, with its core business offering being a 12-month guaranteed investment contract. These investment contracts, entitled “Corporate Guarantees,” allegedly guaranteed individuals who invested money with 1st Million monthly returns ranging from 6% to 35% of the initial investment. At the end of the investment period, the contract allegedly promised that the investor would receive the return of all of the principal invested. The indictment alleges that the contract represented that the client’s principal would be invested in foreign currency or cryptocurrency. Cryptocurrency is digital or virtual currency that does not exist in any physical form and is not issued by any government or centralized entity. Cryptocurrency is designed to work as a secure medium of exchange and can be bought, sold, and exchanged on various online platforms and exchanges.
The indictment alleges that Jali, Frimpong, and Johnson recruited victims to invest in 1st Million by holding promotional events at upscale hotels and event spaces, attending church-sponsored events intended to target investments from churchgoers, and representing themselves as religious men more interested in the philanthropic financial freedom of others than personal financial gain. The defendants allegedly presented themselves as “pastors,” and told prospective investors that 1st Million’s work was in furtherance of God’s mission as it helped churches and their members achieve personal wealth and financial freedom.
To encourage individuals to invest with 1st Million, Jali, Frimpong, and Johnson allegedly falsely stated that: investors’ principal would be held in a trust account protected from any financial instability of 1st Million or market volatility; that 1st Million and its traders, including Jali and Frimpong were fully licensed and qualified to pursue their investment activities by all relevant federal regulators, including the Securities and Exchange Commission (SEC), and had extensive experience trading on Wall Street; that the financial condition of the company was healthy and earning astronomical profits; and that the investors’ money would be used to invest in foreign currency and cryptocurrency markets, when in fact, investors’ money was used to pay earlier investors and diverted for the personal use of Jali, Frimpong, and Johnson. To increase the amount of money obtained from investors, the defendants allegedly promised higher guaranteed rates of return to 1st Million investors who invested greater amounts of money in the investment contracts.
As detailed in the indictment, Jali, Frimpong, and Johnson promised investors that they could increase the returns on their investments, typically by 0.5% per month, for every new investor they successfully recruited to 1st Million. The defendants allegedly hired “agents” of 1st Million to organize recruiting events to attract more investors, in exchange for a higher return on the agents’ investments. Jali further recruited investors by allegedly misrepresenting his own personal wealth and exhibiting a lavish lifestyle purportedly paid from his successful currency trading on his personal accounts when, in fact, his lavish lifestyle was allegedly paid for with diverted investor funds. For example, the indictment alleges that Jali spent at least $47,000 of investor money on luxury vehicles and approximately $78,000 on private jets that he used to fly on personal or semi-personal trips, including a flight from Charlotte, North Carolina to Washington, D.C. on January 9, 2019, with Jali, his wife, and his three children as the only passengers.
Over the course of the conspiracy, the indictment alleges that the defendants persuaded or attempted to persuade investors to provide them with wire transfers, checks, and cash totaling more than $28 million, from numerous victims, under the fraudulent pretense of investing in the foreign exchange and cryptocurrency markets. The indictment seeks a money judgment of at least $28,021,868.01, including $2,481,994.57 seized from 10 bank accounts associated with the defendants, and a 2016 Porsche SUV.
If convicted, the defendants face a maximum sentence of 20 years in federal prison for a wire fraud conspiracy and for each count of wire fraud; a maximum of five years in federal prison for a securities fraud conspiracy and a maximum of 20 years in federal prison for each count of securities fraud. Jali also faces a maximum of 10 years in federal prison for each of three counts of money laundering. 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. Frimpong has an initial appearance in U.S. District Court in Greenbelt today at 2:00 p.m. before U.S. Magistrate Judge Timothy J. Sullivan. Johnson is scheduled to appear before Magistrate Judge Sullivan for his initial appearance on Monday, August 31, 2020.
Jali fled the United States in May 2019, but has since been arrested in South Africa. The Department of Justice is working to ensure that Jali is brought to justice in the United States.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
The Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission also filed civil actions against the defendants today.
United States Attorney Robert K. Hur commended the FBI, the U.S. Secret Service, and the U.S. Postal Inspection Service for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Burden H. Walker and Dana J. Brusca, who are prosecuting the case.
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Man from Dulce, New Mexico, pleads guilty to assaulting 8-month-old baby in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Patrick Duran, 31, of Dulce, New Mexico, pleaded guilty on Aug. 19 in federal court in Albuquerque to assaulting an infant in Indian Country resulting in serious bodily injury.
According to his plea agreement and other public court records, Duran assaulted the child on or about Sept. 28, 2014, on the Jicarilla Apache Indian Reservation in Rio Arriba County, New Mexico. Duran lost his temper while babysitting. He picked the baby up from its crib and bit the baby on the arm. The baby’s mother later returned home to find her child unresponsive with both eyes looking in the same direction. She called an ambulance to take the baby to a hospital in Farmington where doctors ordered the baby flown to Albuquerque for further treatment for serious internal injuries, including bleeding to the brain and eyes, and seizures. The baby is eligible to register with the Jicarilla Apache Nation because both of the child’s parents are members. Duran is a non-Indian.
Duran is out of custody awaiting sentencing on Nov.30. He faces up to seven years in prison under the terms of his plea agreement. .
The Farmington office of the Federal Bureau of Investigation and the Jicarilla Apache Police Department investigated this case. Assistant U.S. Attorneys Kyle Nayback and Nicholas Marshall are prosecuting the case.
Man from Albuquerque sentenced to 14 months in federal prison for posting threatening Facebook messages to Governor Michelle Lujan Grisham of New Mexico, law enforcement officers, and other government officialsRead the Press Release
ALBUQUERQUE, N.M. – Daniel Logan Mock, 34, of Albuquerque, New Mexico was sentenced in federal court in Albuquerque on Aug. 27 to 14 months on two counts of transmission of threatening communications in interstate commerce.
Mock previously pleaded guilty to this offense on May 13. According to his plea agreement, Mock admitted to committing these offenses in Bernalillo County, New Mexico on March 2 and March 13. Mock posted messages on Facebook threatening to kill Governor Michelle Lujan Grisham of New Mexico, law enforcement officers, and other government officials.
Mock must also serve a two-year supervised release term after completing his sentence.
The FBI investigated this case with the U.S. Marshals Service, the New Mexico State Police, and the Albuquerque Police Department. Assistant U.S. Attorney Jaymie L. Roybal prosecuted the case.
Man Sentenced to 51 Months for Bank Fraud SchemeRead the Press Release
NEW BERN, N.C. – Jamal Watson was sentenced this week to 51 months in prison for defrauding financial institutions.
According to court documents, Watson, age 42, had just been released from federal prison after serving 121 months for Distribution of Heroin and Possession of Firearm by a Felon when he began a bank fraud scheme to purchase vehicles from dealerships throughout North Carolina. Watson, his wife and another individual applied for loans to purchase 20 vehicles during a one year period. At first, Watson used his own social security number, but provided false employment information. After the first two vehicles were repossessed for lack of payment, Watson and his wife provided fake social security numbers and fictitious employment information. To hinder the banks from locating fraudulently obtained vehicles, Watson also provided a fake North Carolina driver’s license bearing a false Durham address. In addition to the period of incarceration, the Court ordered Watson to pay restitution to the victims and forfeit the $29,732,36, which was the amount of the loan he obtained to purchase a Maserati from a Charlotte dealership.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The United States Postal Inspection Service investigated the case and Assistant U.S. Attorney Susan Menzer prosecuted the case.
A copy of this press release is located on our website. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-cr-00261-FL.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Man Charged in Federal Court with Illegally Possessing Loaded Gun After Allegedly Looting Downtown Chicago StoreRead the Press Release
CHICAGO — The U.S. Attorney’s Office has charged a man with a federal firearm offense after he allegedly illegally possessed a loaded gun while looting a store in downtown Chicago earlier this month.
JAVONTE T. WILLIAMS, 27, of Chicago, is charged with one count of illegal possession of a firearm by a convicted felon. Williams was prohibited from possessing a gun after previously being convicted of a felony firearm offense in the Circuit Court of Cook County, for which he was sentenced to probation.
Williams was arrested this morning on the federal charge and made an initial appearance in federal court. U.S. Magistrate Judge Sheila M. Finnegan ordered Williams to remain in federal custody pending a detention hearing on Sept. 1, 2020, at 2:00 p.m.
The charge was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kristen deTineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and David Brown, Superintendent of the Chicago Police Department. Valuable assistance was provided by the Cook County State’s Attorney’s Office in bringing this charge. The government is represented by Assistant U.S. Attorney Christopher V. Parente.
According to the federal criminal complaint, Chicago Police officers observed Williams exiting a closed retail store in the first block of East Randolph Street in downtown Chicago at 5:00 a.m. on Aug. 10, 2020. Williams was carrying merchandise in his hands as he exited the store, the complaint states. As officers pursued and arrested Williams, a semi-automatic handgun fell from his body to the ground, the complaint states. The gun was loaded with seven rounds of ammunition in the magazine and one in the chamber, according to the complaint.
The case was brought under Operation Legend, a Department of Justice initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement to fight violent crime. As part of Operation Legend, Attorney General William P. Barr directed ATF, FBI, U.S. Marshals Service, and DEA to significantly increase resources in Chicago to help state and local officials fight violent crime, particularly firearm offenses.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Illegal possession of a firearm by a convicted felon is punishable by up to ten years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Luzerne County Man Sentenced to Five Years’ Imprisonment for Receiving Child PornographyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that William Barratt, age 40, of Sugarloaf Township, Pennsylvania, was sentenced to five years’ imprisonment on August 27, 2020, by U.S. District Court Judge Malachy E. Mannion for receiving child pornography.
According to United States Attorney David J. Freed, Barratt previously pleaded guilty to using his cell phone and computer to access images and videos of child pornography from websites on the internet. Barratt committed the offense between April 2018 and March 5, 2019, in Luzerne County.
Judge Mannion also ordered Barratt to serve five years on supervised release following his prison sentence. Barratt must also pay restitution in the amount of $3000 to each of nine victims identified in the images of child pornography that were seized from Barratt’s devices. Judge Mannion also ordered Barratt to undergo sex offender treatment and to comply with the Sex Offender Registration and Notification Act.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Luzerne County District Attorney’s Office. Assistant United States Attorney Francis P. Sempa prosecuted 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."
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Luzerne County Man Indicted on Drug and Firearm OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 11, 2020, Todd Houghtlin, age 50, of Duryea, Pennsylvania, was indicted by a federal grand jury for illegal possession of a firearm and fentanyl.
According to United States Attorney David J. Freed, the indictment alleges that on July 14, 2020, Houghtlin, who was a user of illegal drugs, was found in possession of fentanyl and a .380 caliber handgun loaded with four rounds of ammunition.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Luzerne County Drug Task Force and the Kingston Police Department, Assistant U.S. Attorney Robert J. O’Hara is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement 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 enforcement and the local community to develop effective, locally-based strategies to reduce crime.
Indictments and Criminal Informations 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 for the firearm offense is ten years’ 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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Lexington Man Sentenced to 180 Months for Armed Drug TraffickingRead the Press Release
LEXINGTON, Ky. - A Lexington man, Raymond Cong Duong, 35, was sentenced on Friday, before U.S. District Judge Karen Caldwell, to 180 months in federal prison, for possession with intent to distribute 40 grams or more of fentanyl and possession of a firearm in furtherance of drug trafficking.
According to his plea agreement, Lexington Police executed a search warrant at Duong’s residence, on January 22, 2019, seizing 138 grams of fentanyl, 28 grams of methamphetamine, several small baggies of heroin, eight firearms, cash, and drug trafficking paraphernalia. Duong admitted that the illegal narcotics were his and that he sold them to others. He further admitted that he possessed a firearm in furtherance of his drug trafficking.
Duong has two prior felony convictions for drug trafficking, one from Jefferson County in 2011 and one from Fayette County in 2012.
Duong pleaded guilty in January 2020.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; J. Todd Scott, Special Agent in Charge, DEA Louisville Field Division; Shawn Morrow, Special Agent in Charge, ATF Louisville Field Division; Commissioner Rodney Brewer, Kentucky State Police; and Chief Lawrence Weathers, Lexington Police Department; jointly announced the sentence.
The investigation was conducted by the DEA, ATF, KSP, and Lexington Police Department. The United States was represented by Assistant U.S. Attorney David Kiebler.
This is case was prosecuted as part of three Department of Justice initiatives: “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Duncan coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
Operation Synthetic Opioid Surge (SOS), a partnership with DEA, the Lexington Police Department, the Fayette Commonwealth Attorney’s Office, and the United States Attorney’s Office to prosecute readily provable fentanyl and fentanyl analogue distribution cases in Fayette County, with the goal of helping reduce overdose deaths caused these deadly drugs.
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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Lexington Man Convicted of Possession of Firearm by Convicted FelonRead the Press Release
LEXINGTON, Ky. - A Lexington man was convicted yesterday by a federal jury sitting in Lexington, of possession of a firearm by a convicted felon.
After 20 minutes of deliberation, following a one-day trial, the jury convicted 29-year-old Terrico W. Williams of the charged offense.
According to testimony at trial, on September 11, 2019, officers with the Lexington Police arrested Williams, on an outstanding warrant. Williams was searched and found to have a loaded, .22 caliber handgun concealed inside his pants. Williams has a previous felony conviction from the Fayette Circuit Court, from 2016, for Manslaughter Second Degree.
Williams was indicted in October 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the verdict.
The investigation was conducted by ATF and Lexington Police Department. The United States was represented in the case by Assistant U.S. Attorney Cynthia Rieker.
Williams will appear for sentencing on December 10, 2020. He faces a maximum of ten years in prison. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
This case is also a part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
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Leader and Members of Methamphetamine Trafficking Ring Are Sentenced to PrisonRead the Press Release
CHARLOTTE, N.C. – Senior U.S. District Judge Graham C. Mullen sentenced to prison the leader and members of a methamphetamine trafficking ring on drug conspiracy charges, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina.
Judge Mullen sentenced the defendants as follows:
- The leader, Cheng “Cam” Yang, 34, of Claremont, N.C., was sentenced to 15 years in prison and five years of supervised release.
- Cheng “Cam” Young’s brother, Peng Yang, 35, of Claremont, N.C, was sentenced to 156 months in prison and five years of supervised release.
- Cheng “Cam” Yang’s younger brother, Nicholas Yang, 21, of Claremont, N.C., was sentenced to three years in prison followed by five years of supervised release.
- Cheng “Cam” Yang’s aunt, Susan Yang, 37, of Claremont, N.C., was ordered to serve 42 months in prison and five years of supervised release.
- Cheng “Dawb” Yang, 38, of Morganton, N.C., who bears no familial relationship to Cheng “Cam” Yang, was sentenced to 60 months in prison and five years of supervised release.
- Austin Litchfield, 31, of Los Angeles, was ordered to serve 12 years in prison and five years of supervised release.
- Randy Martinez, 27, also of Los Angeles, was sentenced to 48 months in prison and three years of supervised release.
In related cases, Cheng “Cam” Yang’s distributors were sentenced as follows:
- Belden Watson, 59, of Rutherford College, N.C., was sentenced to 97 months in prison and five years of supervised release.
- Rex Eversole, 30, of Morganton, was sentenced to 110 months in prison and five years of supervised release; and
- Ashley Vaught, 30, of Lenoir, N.C., was sentenced to 30 months in prison and two years of supervised release.
According to filed court documents and statements made in court, from March 2019 to September 2019, Cheng “Cam” Yang led a methamphetamine trafficking conspiracy operating in Caldwell County and elsewhere. Litchfield, assisted by Martinez, was Cheng “Cam” Yang’s California-based source of supply of methamphetamine. Yang distributed the methamphetamine in Caldwell County assisted by his local drug network of distributors. According to court records, over the course of the conspiracy, Cheng “Cam” Yang and his co-defendants distributed more than 45 kilograms of high-purity methamphetamine, with a street value of over $4 million.
During the arrests of the defendants on September 10, 2019, law enforcement seized three and a half kilograms of crystal methamphetamine and seven firearms from the defendants’ homes.
The defendants were prosecuted as part of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed “Dixie Crystal.” Since 2015, the investigation has led to the prosecution of more than 200 individuals, and the seizure of more than 100 kilograms of crystal methamphetamine, $1,000,000 in U.S. currency and other assets, and dozens of firearms.
OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
In making today’s announcement U.S. Attorney Murray thanked the following agencies for their investigative efforts which led to the prosecution of this case: ICE’s Homeland Security Investigations (HSI) in Charlotte; the Drug Enforcement Administration’s Charlotte Field Office; the U.S. Postal Inspection Service in Charlotte; the Bureau of Alcohol, Tobacco, Firearms & Explosives in Charlotte; the North Carolina State Bureau of Investigation; the Alexander County Sheriff’s Office; the Burke County Sheriff’s Office; the Caldwell County Sheriff’s Office; the Catawba County Sheriff’s Office; the Lincoln County Sheriff’s Office; the Hickory Police Department; the Mooresville Police Department; the Newton Police Department; the Longview Police Department; the Huntersville Police Department; the Charlotte Mecklenburg Police Department; and the Morganton Department of Public Safety.
Assistant U.S. Attorney Steven R. Kaufman, of the U.S. Attorney’s Office in Charlotte, is prosecuting the case.
KC Man Sentenced to 20 Years for Drug Trafficking, Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Missouri, man has been sentenced in federal court for drug trafficking and illegally possessing a firearm.
Robert J. Thomas Jr., 38, was sentenced by U.S. District Judge Gary A. Fenner on Thursday, Aug. 27, to 20 years in federal prison without parole.
On Nov. 20, 2019, Thomas pleaded guilty to possessing marijuana with the intent to distribute and to possessing a firearm in furtherance of a drug-trafficking crime.
Kansas City police officers contacted Thomas on Dec. 1, 2017, during an investigation of a pedestrian hit-and-run earlier that day by a Chevrolet pickup truck after his address was identified through the license plates of the truck. Thomas confirmed that he owned the truck and was taken into custody.
On Dec. 4, 2019, officers searched Thomas’s vehicle, which was in the impound lot. They found a loaded Smith and Wesson .40-caliber pistol and a black Nike backpack that contained a total of 684 grams of marijuana, a Ziploc plastic baggie that contained various colors of pills, and two small clear plastic baggies that contained a total of 19 grams of cocaine. A warrant was issued for Thomas’s arrest.
A Kansas City police officer saw a silver 2007 Chevrolet Impala with expired tags on Feb. 22, 2018, and conducted a traffic stop. The vehicle came to a stop along with a second vehicle, a 2006 green Ford Mustang driven by Thomas, which was in front of the Impala. Thomas got out of his vehicle, ignoring the officer’s directions, and stated that his 15-year-old daughter was driving the Impala. Thomas got back into the Mustang and both vehicles began traveling, with the officer following until they pulled into a driveway. The officer detained Thomas and his daughter.
The officer searched the Impala and found several clear baggies that contained a total of 354 grams of marijuana, 22 individually-wrapped clear baggies that contained seven grams of cocaine, and three baggies that contained unknown white and green pill/powdery substance.
This case was prosecuted by Assistant U.S. Attorney Trey Alford. It was investigated by the Kansas City, Mo., Police Department.
KC Man Charged in Church ArsonRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Missouri, man was charged in federal court today with the arson fire at Beyond Thee Four Walls Ministries this week.
Christopher A. Durant, 38, was charged with arson in a complaint filed in the U.S. District Court in Kansas City, Mo.
Today’s complaint alleges that Durant set fire to the building at 5910-5916 East U.S. Highway 40 in Kansas City, which housed Beyond Thee Four Walls Ministries, on Wednesday, Aug. 26.
The Kansas City, Mo., Fire Department was dispatched to that location at approximately 3:25 a.m. on Wednesday, Aug. 26. Upon arrival, firefighters encountered heavy fire inside the one-story commercial structure.
According to an affidavit filed in support of today’s federal criminal complaint, investigators reviewed video surveillance footage that depicted an unknown man – later identified as Durant – throwing chunks of asphalt at the front windows of the building at about 12:54 a.m. A few minutes later, the affidavit says, Durant returns and lights an unknown object and places it in through what appears to be the mail slot in the front door. He then lights what appears to be a piece of paper and places it in through the mail slot. He then lights another unidentified object and places it in through the front window previously broken out by the chunks of asphalt. Duran then leaves at approximately 1 a.m.
At about 1:30 a.m., the affidavit says, video surveillance footage depicts Durant returning to the church, lighting what appears to be a piece of paper, and placing it through the front window. Approximately two minutes later, Durant walks up to the front window with an object in his hand and leans in through the broken window, which is then followed by a large flash consistent with the introduction and subsequent ignition of an ignitable liquid.
During the fire scene examination, an accelerant detection canine was used to process the scene to determine if an ignitable liquid was present. The canine indicated an area on the floor inside the church, under the same window Durant allegedly had broken and appeared to introduce an ignitable liquid. This area was also later determined to be the area of the fire origin.
On Thursday, Aug. 27, ATF agents noticed Durant, who matched the description of the unknown suspect depicted in the church video surveillance footage, walking on Van Brunt Boulevard and arrested him. At the time of his arrest, Durant was in possession of marijuana.
The charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Emily Morgan. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kansas City, Mo., Police Department, and the Kansas City, Mo., Fire Department’s Fire Investigation Unit.
Operation LeGend
Operation LeGend is a federal partnership with local law enforcement to address the increase in homicides and violent crime in Kansas City, Mo., in 2020. The operation honors the memory of four-year-old LeGend Taliferro, one of the youngest fatalities during a record-breaking year of homicides and shootings. Additional federal agents were assigned to the operation from the FBI, Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service.Iowa Man Admits Producing and Possessing Child PornographyRead the Press Release
CAMDEN, N.J. – An Iowa man today admitted to producing and possessing images of child sexual abuse, U.S. Attorney Craig Carpenito announced.
Donavon Oliphant, 38, of Independence, Iowa, pleaded guilty by videoconference before U.S. District Judge Noel L. Hillman to an information charging him with one count of sexual exploitation of a minor and one count of possession of child pornography.
According to documents filed in this case and statements made in court:
In August 2019 Oliphant produced 11 images and four videos of child sexual abuse. The videos depicted sexual acts involving a pre-pubescent child and an adult male. Oliphant then used a peer-to-peer file-sharing program to share these images and videos with an individual located in Gloucester County, New Jersey. When law enforcement accessed Oliphant’s file-sharing account, they found more than 100 videos and 100 images of child sexual abuse.
The sexual exploitation of a minor charge carries a mandatory minimum sentence of 15 years in prison, a maximum potential penalty of 30 years in prison, and a $250,000 fine. The possession of child pornography offense carries a maximum potential penalty of 20 years in prison, and a $250,000 fine. Oliphant will be required to register as a sex offender. Sentencing is scheduled for Jan. 7, 2020.
U.S. Attorney Carpenito credited special agents of U.S. Department of Homeland Security, Homeland Security Investigations (HSI), under the direction of Special Agent in Charge Jason Molina, with the investigation leading to today’s guilty plea.
The government is represented by Deputy U.S. Attorney Matthew J. Skahill and Assistant U.S. Attorney Daniel A. Friedman of the U.S. Attorney’s Office’s Criminal Division in Camden.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Aug. 25 was:
Jimmie Lee Singleton, 60, of Livingston, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Singleton faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Singleton was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 20-79.
Tanya Smith, 44, of Laurel, on charges of theft of government property, false statements to a government agency and Social Security fraud-concealment. If convicted of the most serious crime, Smith faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Smith was released pending further proceedings. The Social Security Administration investigated the case. Pacer case reference. 20-81.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Aug. 25 was:
Nathaniel Vincent Long, 41, of Missoula, on charges of possession with intent to distribute controlled substances and drug user in possession of a firearm. If convicted of the most serious crime, Long faces a maximum 20 years in prison, a $1 million fine and three years of supervised release. Long was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 20-35.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Illinois Man Who Removed Evidence from Opioid Overdose Death Scene Instead of Calling 911 Sentenced to Federal PrisonRead the Press Release
A man who removed drugs and paraphernalia from an opioid overdose death scene and then lied to police was sentenced today to nearly two years in federal prison.
Mateusz D. Syryjczyk, age 29, from Rockford, Illinois, received the prison term after a March 13, 2020 guilty plea to one count of misprision of a felony.
At the plea hearing, Syryjczyk admitted that, in May 2019, he knew that the crime of distribution of controlled substances resulting in serious bodily injury had occurred. He also admitted that he failed to notify authorities that the crime had been committed and that he took affirmative steps to conceal the crime. Evidence at a prior hearing showed that Syryjczyk and his girlfriend, Jacqueline Birch, and another individual drove to a residence in Dubuque, Iowa, during the late evening of May 26, 2019. Birch and the other individual went into the residence, and returned a short time later with purported heroin they had purchased inside the residence. The three then drove to a hotel in Dubuque, where they all used the purported heroin. The third individual began to overdose in the room. Birch and Syryjczyk did not immediately call 911, but, over the course of multiple hours, Birch would occasionally perform CPR on the individual to restore some breathing function, though the person never regained consciousness. Eventually, Birch and Syryjczyk decided they needed to call 911, and Syryjczyk took the remaining drug paraphernalia from the room to prevent law enforcement from finding it. Syryjczyk also made false statements to the responding police officers about the cause of the individual’s condition. That individual was pronounced dead at the scene. An autopsy later determined the cause of death was use of heroin, fentanyl, and valeryl fentanyl.
Syryjczyk was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Syryjczyk was sentenced to 21 months’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Syryjczyk was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was investigated by the Dubuque Drug Task Force and is being prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19‑CR‑1042‑CJW-‑MAR.
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Illegal Alien Sentenced to 35 Years for Spearheading International and Multi-State Methamphetamine Drug Trafficking Organization from Oklahoma CityRead the Press Release
OKLAHOMA CITY – Cesar Alzuarte-Rodriguez, 43, an illegal alien from Mexico, has been sentenced to serve a federal prison term of 420 months for conspiracy to distribute methamphetamine and spearheading an international and multi-state drug trafficking organization, announced U.S. Attorney Timothy J. Downing. Alzuarte is the latest of 23 defendants sentenced in federal court so far, with a collective total sentence of 168 years in prison.
According to an Indictment filed on March 17, 2018, and the Superseding Indictment on June 5, 2018, Alzuarte-Rodriguez (Alzuarte) and other defendants were charged with conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, distribution of methamphetamine, maintaining drug involved premises, and felons and illegal aliens in possession of a firearms and money laundering. The Indictment alleged that Alzuarte was the head of an organization that illegally imported methamphetamine from Mexico through sources of supply in Arizona, Colorado, and California. The organization maintained houses in Oklahoma City where methamphetamine was brought and stored for re-distribution. When Alzuarte and other co-defendants were arrested on March 8, 2018, agents to that date had seized 248 pounds of methamphetamine with an estimated street value of $1,000,000, more than $275,000 in cash, and 10 firearms.
On March 4, 2019, Alzuarte pleaded guilty to the drug conspiracy. Alzuarte further agreed to forfeit the aforementioned firearms and cash, a house located on 639 SE 10th Street used in the drug trafficking enterprise, and multiple vehicles used by his drug trafficking organization.
On August 26, 2020, U.S. District Court Judge Scott L. Palk sentenced Alzuarte to serve 35 years in prison, to be followed by four years of supervised release following his release from prison. In announcing Alzuarte’s sentence, Judge Palk emphasized Mr. Alzuarte’s illegal alien status, his leadership of a multi-state and international methamphetamine trafficking organization, and the large amount of “poison” Alzuarte pumped into impacted communities.
Twenty-two of Alzuarte’s co-defendants in the drug trafficking enterprise have already been sentenced:
- Miguel Berzosa-Flores, Age 52, was sentenced to 168 months in prison, on February 4, 2020.
- Federico Rios-Aranda, Age 46, was sentenced to 144 months in prison, on October 17, 2019.
- Monica Bojorquez, Age 38, was sentenced to 84 months on in prison, on February 20, 2020.
- Armando Herrera-Garcia, Age 38, was sentenced to 18 months in prison, on September 25, 2019.
- Mayra Medina, Age 36, was sentenced to 24 months in prison, on August 6, 2019.
- Elias Sotelo-Tena, Age 26, was sentenced to 3 years of probation on August 20, 2019.
- Albino Gonzalez-Gandarilla, Age 43, was sentenced to 156 months in prison, on June 10, 2020.
- Enoc Ricado-Santiago, Age 21, was sentenced to 96 months in prison, on October 16, 2019.
- Guillermo Cardona-Figueroa, Age 24, was sentenced to 37 months in prison, on August 1, 2019.
- Christian McKinney, Age 23, was sentenced to 48 months in prison, on September 5, 2019.
- Carlos Estrada-Mojarro, Age 22, was sentenced to 24 months in prison, on September 9, 2019.
- Luis Vega Maldonado, Age 41, was sentenced to 144 months in prison, on January 10, 2020.
- Jesus Manuel-Lopez, Age 24, was sentenced to 204 months in prison, on August 12, 2019.
- Erik Osualdo Montelongo, Age 36, was sentenced to 30 months in prison, on December 10, 2019.
- Zephyran Shawn Hayes, Age 41, was sentenced to 180 months in prison, on August 6, 2019.
- Jeremy Wright, Age 42, was sentenced to 120 months in prison, on June 20, 2019.
- Brandon Ramirez-Garcia, Age 23, was sentenced to 108 months in prison, on June 12, 2020.
- Jazmine Altamarino, Age 48, was sentenced to 18 months in prison, on November 19, 2019.
- Mayra Cabello-Tierablanca, Age 32, was sentenced to 18 months in prison, on August 7, 2019.
- Kyle Shropshire, Age 46, was sentenced to 12 months and 1 day in prison, on September 12, 2019.
- Jessica Lissette Mar, Age 28, was sentenced to 24 months in prison, on August 15, 2019.
- Angel Ricardo Gonzalez-Martinez, Age 29, was sentenced to 48 months in prison, on August 12, 2019.
This case is the result of an investigation by the Drug Enforcement Administration’s Oklahoma City District Office, with assistance from the Drug Enforcement Administration’s Denver, San Diego, and Phoenix Field Division Offices, City of Edmond Police Department, City of Norman Police Department, IRS Criminal Investigations Division, Canadian County Sheriff’s Department, Homeland Security Investigations Oklahoma City Office, District 21 Task Force, Oklahoma Highway Patrol, and DEA offices in Tulsa and McAlester. Assistant United States Attorney David Petermann prosecuted the case.
Reference is made to court filings for further information. To download a photo of U.S. Attorney Downing, click here.
Illegal Alien Caught Trafficking Eight Kilograms of Mexican Heroin Is Sentenced to 10 Years in PrisonRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Max O. Cogburn Jr. ordered Ramiro Garcia-Valdivia, 33, of Mexico, to serve 10 years in prison and five years of supervised release for drug trafficking and immigration violations, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina.
According to court documents and court proceedings, in 2019, Garcia-Valdivia was working for the CJNG Mexican Cartel, and was responsible for trafficking multiple kilograms of heroin into Western North Carolina. On October 1, 2019, law enforcement arrested Garcia-Valdivia in Gastonia, North Carolina. Over the course of the arrest, law enforcement recovered more than eight kilograms of heroin wrapped in bundles, hidden in Garcia-Valdivia’s Ford Explorer vehicle. Court records show that Garcia-Valdivia intended to deliver these narcotics to other co-conspirators. According to court records, Garcia-Valdivia, who was in the country illegally after being previously deported, engaged in drug trafficking activities while there was an outstanding immigration order for his deportation from the United States.
“Garcia-Valdivia violated our nation’s drug and immigration laws, and trafficked large quantities of heroin, a poisonous substance that shatters our communities and causes thousands of overdose deaths in our country. The lengthy sentence imposed by the Court is appropriate for Garcia-Valdivia’s harmful criminal conduct,” said U.S. Attorney Murray.
On March 10, 2020, Garcia-Valdivia pleaded guilty to drug trafficking conspiracy, possession with intent to distribute heroin, and illegal reentry by an aggravated felon. Garcia-Valdivia is in federal custody, and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
The investigation was led by ICE’s Homeland Security Investigations, the North Carolina Highway Patrol, and the Gaston County Police Department.
Assistant U.S. Attorneys Sanjeev Bhasker and Kenneth Smith, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Honduran Man Sentenced to 72 Months for Drug ConspiracyRead the Press Release
United States Attorney Joe Kelly announced that Jhonny Traviezo-Velasque, 25, of Honduras, was sentenced on August 27, 2020, by Senior United States Judge Laurie Smith Camp for conspiracy to possess with intent to distribute fifty grams or more of pure methamphetamine. Traviezo-Velasque received a sentence of 72 months with a two-year term of supervised release to follow. However, once Traviezo-Velasque serves his sentence, he will be deported. There is no parole in the federal system.
On September 27, 2018, the narcotics unit with the Omaha Police Department utilized a confidential informant to purchase 782 grams of pure methamphetamine from Traviezo-Valesque. On April 3, 2019, OPD officers conducted a traffic stop of Traviezo-Velasque, and located 10.3 grams of methamphetamine. A search warrant was executed on the same day for Traviezo-Velasque’s residence, resulting in an additional 142 grams of methamphetamine being located.
This case was investigated by the Omaha Police Department and Drug Enforcement Administration.
Herbalife Nutrition Ltd. Agrees to Pay over $122 Million to Resolve FCPA CaseRead the Press Release
Herbalife Nutrition Ltd. (Herbalife), a U.S.-based publicly traded global nutrition company, has agreed to pay total penalties of more than $122 million to resolve the government’s investigation into violations of the Foreign Corrupt Practices Act (FCPA). The resolution arises out of Herbalife’s scheme to falsify books and records and provide corrupt payments and benefits to Chinese government officials for the purpose of obtaining, retaining, and increasing Herbalife’s business in China. This includes a criminal penalty of over $55 million and approximately $67 million to be paid to the U.S. Securities and Exchange Commission (SEC) in a related matter.
Herbalife entered into a deferred prosecution agreement with the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of New York in connection with a criminal information filed today in the Southern District of New York charging Herbalife with one count of conspiracy to violate the books and records provision of the FCPA.
“By engaging in a decade-long scheme to falsify its books and records to conceal corrupt and other improper payments to Chinese officials and state-owned entities, Herbalife misrepresented important information made available to investors,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “The integrity of our financial markets depends on the timely and accurate disclosure of material information about companies’ operations. Today’s resolution reflects the department’s ongoing commitment to combating international corruption and ensuring that investors can trust the accuracy of the financial statements of publicly traded companies.”
“As admitted in the deferred prosecution agreement entered into today, Herbalife approved the extensive and systematic corrupt payments to Chinese government officials over a 10-year period to promote and expand Herbalife’s business in China,” said Acting U.S. Attorney Audrey Strauss of the Southern District of New York. “Moreover, in an effort to conceal this widespread corruption scheme, Herbalife maintained false accounting records to mischaracterize these improper payments as permissible business expenses. In addition to admitting its criminal conduct, Herbalife has agreed to pay combined penalties of more than $123 million. This case signifies this Office’s commitment to ensuring that companies operating in the United States do not gain an unfair advantage through corruption and illegal bribes of foreign officials.”
According to its admissions, between 2007 and 2016, Herbalife knowingly and willfully conspired with others in a scheme to falsify its books and records and provide corrupt payments and benefits to Chinese government officials. Herbalife carried out the scheme for the purpose of obtaining, retaining, and increasing Herbalife’s business in China by, among other things, (1) obtaining and retaining certain direct selling licenses for its wholly-owned subsidiaries in China (Herbalife China); (2) improperly influencing certain Chinese governmental investigations into Herbalife China’s compliance with Chinese laws; and (3) improperly influencing certain Chinese state-owned and state-controlled media for the purpose of removing negative media reports about Herbalife China.
For example, in late 2006 through early 2007, during the time period that Herbalife China’s application for its first direct selling license was pending, Herbalife China provided corrupt payments and benefits to Chinese government officials, including government officials responsible for awarding that direct selling license, and falsely recorded and booked those corrupt expenses. Around the same time period, an officer and high-level executive of Herbalife suggested to a high-level executive of Herbalife China that Herbalife China personnel falsify expense reimbursement documents in connection with entertainment of Chinese government officials.
Thereafter, Herbalife continued to provide improper payments and benefits to Chinese government officials. Herbalife also continued to falsely record certain improper payments and benefits as “travel and entertainment expenses” and to maintain false Sarbanes-Oxley sub-certification letters in Herbalife’s books, records, and accounts.
As part of the agreement, Herbalife agreed to continue to cooperate with the U.S. government in any ongoing or future criminal investigations concerning Herbalife, its executives, employees, or agents. In addition, under the agreement, Herbalife agreed to enhance its compliance program and to report to the government on the implementation of its enhanced compliance program.
The government reached this resolution with Herbalife based on a number of factors, including the failure to timely disclose the conduct that triggered the investigation; the nature and seriousness of the offense, which spanned approximately a decade and involved high level employees; the lack of an effective compliance program at the time of the misconduct; and credit for the company’s cooperation. Herbalife also engaged in remedial measures, including terminating and disciplining individuals who orchestrated the misconduct, adopting heightened controls and anti-corruption protocols, and significantly increasing the resources devoted to compliance.
The criminal monetary penalty for Herbalife reflects a 25 percent reduction off the bottom of the U.S. Sentencing Guidelines fine range because of Herbalife’s full cooperation with the government’s investigation.
In a related matter with the SEC, Herbalife agreed to pay the SEC disgorgement and prejudgment interest totaling approximately $67 million.
The FBI’s New York Field Office investigated the case. Trial Attorney Jason Manning of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Joshua A. Naftalis and Scott A. Hartman of the U.S. Attorney’s Office for the Southern District of New York are prosecuting the case.
The department appreciates the significant cooperation provided by the SEC in this case. The Justice Department’s Office of International Affairs provided assistance.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.
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.
Herbalife Agrees to Pay $123 Million to Resolve Foreign Corrupt Practices Act CaseRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York (“SDNY”), and Acting Assistant Attorney General Brian C. Rabbitt of the Criminal Division of the United States Department of Justice (“DOJ”) announced today the filing of criminal charges against HERBALIFE NUTRITION, LTD. (“HERBALIFE”), a multinational corporation headquartered in Los Angeles, for conspiring to violate the books and records provisions of the Foreign Corrupt Practices Act (“FCPA”). The charges arise out of a decade-long scheme by HERBALIFE to falsify books and records and provide corrupt payments and benefits to Chinese government officials for the purpose of obtaining, retaining, and increasing HERBALIFE’s business in China. In connection with the filed charges, SDNY and DOJ entered into a deferred prosecution agreement (“DPA”) with HERBALIFE. Pursuant to the DPA, HERBALIFE admitted to participating in the charged conspiracy and will pay a criminal fine of $55,743,093.
Acting U.S. Attorney Audrey Strauss said: “As admitted in the deferred prosecution agreement entered into today, Herbalife approved the extensive and systematic corrupt payments to Chinese government officials over a 10-year period to promote and expand Herbalife’s business in China. Moreover, in an effort to conceal this widespread corruption scheme, Herbalife maintained false accounting records to mischaracterize these improper payments as permissible business expenses. In addition to admitting its criminal conduct, Herbalife has agreed to pay combined penalties of more than $123 million. This case signifies this Office’s commitment to ensuring that companies operating in the U.S. do not gain an unfair advantage through corruption and illegal bribes of foreign officials.”
Acting Assistant Attorney General Brian C. Rabbitt said: “By engaging in a decade-long scheme to falsify its books and records to conceal corrupt and other improper expenditures, Herbalife misrepresented the information available to investors. Today’s resolution reflects the department’s ongoing commitment to combating corruption and ensuring that investors can trust the accuracy of the financial statements of publicly traded companies.”
According to the allegations contained in the criminal Information, which was filed today in Manhattan federal court, the statement of facts set forth in the DPA, and other publicly available information:
HERBALIFE conducts business operations in China through a group of wholly owned subsidiaries based in China (collectively, “Herbalife China”). By 2016, Herbalife China was responsible for approximately $860 million, or approximately 20 percent, of HERBALIFE’s worldwide annual net sales, which exceeded $4 billion. In China, to engage in direct selling – selling a company’s products through independent sales representatives – Chinese law required a company to obtain a direct selling license from national authorities as well as local authorities for each province in which a company intended to engage in direct selling. From March 2007 through 2016, Herbalife China obtained licenses to engage in direct sales in 28 provinces.
Yanliang Li, a/k/a “Jerry Li,” was the director of sales and/or sales vice president at Herbalife China from in or about 2004 through in or about December 2007, and then the managing director of Herbalife China from in or about December 2007 through in or about April 2017. From in or about December 2012 through in or about February 2017, Li also held the title of senior vice president at HERBALIFE. Hongwei Yang, a/k/a “Mary Yang,” was a high-level executive at Herbalife China and the head of external affairs from in or about 2006 through in or about April 2017.
Beginning in or about at least 2007 through in or about 2016, HERBALIFE, through Li, Yang, and others, engaged in a scheme to falsify books and records and provide corrupt payments and benefits to Chinese government officials, including officials of Chinese government agencies and a state-owned media outlet, for the purpose of obtaining, retaining, and increasing HERBALIFE’s business in China by, among other things, (1) obtaining and retaining certain of Herbalife China’s direct selling licenses; (2) improperly influencing certain Chinese governmental investigations into Herbalife China’s compliance with Chinese laws applicable to its business; and (3) improperly influencing certain Chinese state-owned and state-controlled media for the purpose of removing negative media reports about Herbalife China.
During the course of the scheme, in order to conceal these improper payments and benefits, HERBALIFE, through Li, Yang, and others, knowingly and willfully conspired and agreed with others to maintain false accounting records that did not accurately and fairly reflect the transactions and dispositions of HERBALIFE’s assets, by, among other things, falsely recording certain improper payments and benefits as “travel and entertainment expenses” and maintaining false Sarbanes Oxley sub-certification letters in HERBALIFE’s books, records, and accounts.
* * *
In a related matter with the Securities and Exchange Commission (“SEC”), HERBALIFE agreed to pay to the SEC disgorgement and prejudgment interest totaling approximately $67,313,497.
In November 2019, the Government unsealed related criminal charges against Li and Yang, both of whom remain at large. See United States v. Li and Yang, 19 Cr. 760 (VSB).
Ms. Strauss praised the outstanding work of the Federal Bureau of Investigation and the U.S. Department Justice’s Office of International Affairs of the Department’s Criminal Division, and also thanked the SEC for its assistance and cooperation in this investigation.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force and the FCPA Unit of the Fraud Section of DOJ’s Criminal Division. Assistant United States Attorneys Joshua A. Naftalis and Scott A. Hartman, and Trial Attorney Jason Manning of the FCPA Unit, are in charge of the prosecution.
Haverhill Man Charged with Conspiracy to Distribute FentanylRead the Press Release
BOSTON – A Haverhill man was arrested and charged with conspiracy to distribute fentanyl.
Sergio Garcia, 36, was indicted on one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl and one count of possession with intent to distribute 400 grams or more of fentanyl. Following an initial appearance yesterday in federal court in Boston, Garcia was detained pending a detention hearing scheduled for Sept. 1, 2020.
According to the indictment, Garcia was in possession of 400 grams or more of fentanyl in Boston and Haverhill from April 20, 2020 to April 23, 2020.
The charge of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl provides for a mandatory minimum sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling; Joseph W. Cronin, Inspector in Charge of the United States Postal Inspection Service’s Boston Field Office; and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division made the announcement. The Haverhill Police Department provided valuable assistance with the investigation. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Harrison County Man Pleads Guilty to Firearms OffenseRead the Press Release
Gulfport, Mississippi – Casey Lee Gilmer, 34, of Harrison County, Mississippi pled guilty yesterday before Senior U.S. District Judge Louis Guirola, Jr. to being an unlawful user of a controlled substance in possession of firearms, announced U.S. Attorney Mike Hurst and Kurt Thielhorn, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”).
In September 2019, Gilmer took ten (10) firearms from a residence where he was working. Gilmer then pawned the firearms at multiple pawnshops located along the Mississippi Gulf Coast in order to feed his drug addiction. After the firearms were reported stolen, law enforcement officials were able to identify Gilmer, locate the firearms, and successfully return the firearms to their original owner.
This case was investigated by Special Agents of the ATF and the Jackson County Sheriff’s Department. It is being prosecuted by Assistant United States Attorney Jonathan Buckner.
Guatemalan Man Sentenced to Prison for Illegally Reentering the United States after Being Deported TwiceRead the Press Release
A man who illegally returned to the United States after being deported two times was sentenced today to six months in federal prison.
Jacinto Chavez-Brito, age 31, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a guilty plea today to one count of illegal reentry into the United States.
At the guilty plea, Chavez-Brito admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Chavez-Brito was first deported in August 2007. He was also deported in July 2014 following a conviction in the District of New Mexico for illegal reentry. Chavez-Brito most recently came to the attention of immigration agents following his arrest on March 8, 2020, in Linn County, Iowa, on state charges that were later dismissed.
Chavez-Brito was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Chavez-Brito was sentenced to six 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.
Chavez-Brito is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-33.
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Franklin County Man Sentenced on Felon in Possession of a Firearm and Conspiring to Possess with Intent to Distribute Methamphetamine ChargesRead the Press Release
St. Louis, MO –Joshua Matthew Spencer, 30, of Franklin County, MO, was sentenced today to ten years' imprisonment by United States District Judge John R. Ross after pleading guilty to his involvement in conspiring to distribute and possess with the intent to distribute methamphetamine and being a felon in possession of a firearm.
According to court documents, Spencer and his co-defendant Reanna Danielle Campbell were engaged in the sale of crystal methamphetamine in the St. Louis Metropolitan area, as well as in Franklin and Jefferson Counties. Investigators conducted controlled buys of methamphetamine from Campbell and Spencer in and around the area. Also during the course of the investigation, Spencer and Campbell crashed a vehicle while fleeing from police near the Interstate 44 entrance at South Elm Avenue in Webster, Missouri, and fled on foot. Two handguns were recovered by law enforcement near the scene of the crash and investigators seized five other firearms from the crashed vehicle, along with knives and additional firearms magazines and drug paraphernalia. Following the federal indictment in this case, Spencer was apprehended by the United States Marshals Service and found in position of additional narcotics and another firearm.
Co-defendant Reanna Danielle Campbell was previously sentenced to sixty-four months’ imprisonment for her role in the offenses.
The Multi-County Narcotics and Violent Crimes Enforcement Unit and the Drug Enforcement Administration investigated this case, with assistance from the Kirkwood and Webster Police Departments. Assistant United States Attorney Lisa Yemm handled this case for the U.S. Attorney’s Office.
Four Police Officers Charged with Conspiracy to Commit RobberyRead the Press Release
SAN JUAN, Puerto Rico – On August 27, 2020, a federal grand jury in the District of Puerto Rico returned an indictment against four Puerto Rico Police officers charged with conspiracy to commit robbery, conspiracy to steal and convert government property, and theft and conversion of government property, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. The FBI was in charge of the investigation of the case.
The indictment alleges that beginning on a date unknown through and continuing up to December 29, 2016, in the District of Puerto Rico, the defendants, Sergeant Miguel Conde-Vellón, Luis Rodríguez-García, and Carlos Boyrie-Laboy aiding and abetting each other, conspired to commit robbery and extortion, in that the defendants agreed to, attempted, and did, unlawfully take money and property from a government confidential source, whom defendants believed to be engaged in the sale of pyrotechnics.
On December 29, 2016, defendants, Conde-Vellón, Rodríguez-García, and Boyrie-Laboy, while acting in their official capacity as PRPD officers and carrying firearms, made an unauthorized, forced entry into a residence located in the Duque Ward in Naguabo, PR, which they believed to be the stash house location utilized by the purported illegal seller of pyrotechnics. The defendants searched the residence, located and took possession of the following pyrotechnics: two (2) boxes of fireworks each containing 40 pieces of generic fireworks, two (2) boxes each containing 53 pieces of Thunder Max fireworks, one (1) box containing 18 pieces of Premiere FWK fireworks, and $2,995.00 in U.S. currency, which they believed to be proceeds of illegal activity from the person and presence, of a confidential source without lawful authority. In fact, the pyrotechnics and money stolen by the defendants was the property of the United States, with a combined value in excess of $1,000.
On or about June 15, 2017, defendants, Conde-Vellón, Rodríguez-García, Boyrie-Laboy, and Quermie Marquez-Rivera, while acting in their official capacity as PRPD officers and carrying firearms, made an unauthorized, forced entry into a residence located in the Calabazas Ward in Yabucoa, PR, which they believed to be the stash house location utilized by the purported illegal seller of stolen electronic equipment. The defendants searched the residence in order to locate and steal cash and property belonging to the purported illegal seller of electronic equipment. They found and stole two Samsung Tablets, and $6,350.00 in U.S. currency, which they believed to be proceeds of illegal activity from a confidential informant without lawful authority. In fact, the electronic equipment and money stolen by the defendants was the property of the United States, with a combined value in excess of $1,000.
In both instances, none of the defendants obtained, or attempted to obtain, a search warrant for the locations they entered to steal property and cash. After stealing the money and property, neither of the four defendants reported the search, the details of the detention, nor the seizure of the total amount of money and property to the PRPD. The defendants divided the proceeds of the robberies amongst themselves.
Assistant U.S. Attorney Marie Christine Amy is in charge of the prosecution of the case. If convicted the defendants face a sentence of up to 20 years in prison for the violation of 18 U.S.C. § 1951, up to 10 years in prison for the violation of 18 U.S.C. § 641, and up to 5 years in prison for the violation of 18 U.S.C. § 371. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
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Four Foreign Nationals Charged with Iran Sanctions ViolationsRead the Press Release
ALEXANDRIA, Va. – A federal grand jury returned an indictment late yesterday charging two citizens of Iran and two citizens of Indonesia with 19 counts related to exporting U.S. aircraft parts to Iran, in violation of U.S. export laws and sanctions against Iran.
“The transshipment to Iran of desired United States goods facilitates our adversary’s ability to engage in malicious and dangerous activity against the United States,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “The charges against these four individuals represent the dismantling of an entire procurement network, from the brokers to the true end user. We will not tolerate individuals or business organizations that seek to harm our national security, no matter their role or where they are located in the world.”
According to the indictment, Sahebali Moulaei, 56, Mohsen Faghihi, 54, Arnold Kaunang, 26, and Alfrets Kaunang, 55, conspired to export United States-origin airplane parts to a state-owned enterprise in Iran, without receiving a license from the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC). The indictment also charges the four men with smuggling goods from the United States to Iran.
“As the true end-user of this dual-use U.S. technology, Iran's Ministry of Defense and Armed Forces Logistics sought to undermine the national security of the United States by furthering their military and civilian capabilities,” said Raymond Duda, Special Agent in Charge of the FBI’s Seattle Field Office. “The indictment of these four individuals highlights the FBI's efforts to identify and neutralize blatant attempts to circumvent U.S. sanctions against Iran at all stages of the procurement process.”
According to the indictment, since August 2015, in order to evade United States sanctions against Iran, the defendants used third countries and front companies to hide the true end user of their purchases of aircraft parts from United States companies. Faghihi, a procurement agent for Iran Aircraft Manufacturing Industries Company, sent purchase orders for aircraft parts of United States origin to Moulaei, the managing director of an Iranian procurement company. Moulaei solicited the Kaunangs, located in Indonesia, to supply the parts. Alfrets and Arnold Kaunang, a father-son duo who own an Indonesian company that supplies aircraft parts, then placed orders from Indonesia with numerous United States companies for aircraft parts and other goods that neither Faghihi nor Moulaei could have purchased directly. Upon receipt in Indonesia of the aircraft parts from United States companies, the Kaunangs then would arrange for the transshipment of the items to Moulaei in Iran. Moulaei would pay the Kaunangs from a company of his located in Malaysia, and then bill Faghihi in Iran.
The defendants are each charged with one count of conspiracy to violate the International Emergency Economic Powers Act (IEEPA), nine counts of violations of IEEPA, and nine counts of smuggling goods from the United States. If convicted, each of the four defendants face a maximum penalty of 20 years in prison for each of the IEEPA violations and a maximum penalty of 10 years in prison for each of the smuggling offenses. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Raymond Duda, Special Agent in Charge of the FBI’s Seattle Field Office, made the announcement. Assistant U.S. Attorney Gordon D. Kromberg and Special Assistant U.S. Attorney Rachael C. Tucker are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-204.
Former Office Manager Pleads Guilty and is Sentenced for Stealing Approximately $420,000 in Company FundsRead the Press Release
St. Louis, MO –Tammy Fox, 49, of Carrolton, Illinois, was sentenced today to twenty months’ imprisonment by United States District Court Judge Audrey Fleissig after pleading guilty to 2 counts of wire fraud related to her former position as Office Manager of Explosive Professionals Midwest, Incorporated, also known as ExPro Midwest. Fox was also ordered to make restitution to the victim company in the amount of $402,213.76.
According to the Indictment and Plea Agreement, Fox served as the Office Manager for ExPro Midwest in St. Louis County, Missouri. From January, 2011 through February, 2018 Fox schemed to steal approximately $420,000 from the company. During that time, Fox issued approximately 215 unauthorized ExPro Midwest checks to herself, which she deposited into her personal bank account. Fox forged the signature of one of the owners of ExPro Midwest to those unauthorized checks. Fox spent the stolen funds on personal items and services such as clothing, automobile payments, rent payments, as well as making numerous cash withdrawals. Fox also issued unauthorized ExPro Midwest company checks to a close personal friend, and deposited those checks into her personal bank account as well. Fox also used the ExPro Midwest corporate credit card to make unauthorized purchases of personal items, such as airline tickets, general retail items, clothing, and sporting goods. As Office Manager, Fox caused the company to pay the monthly ExPro Midwest corporate credit card bills, knowing that her unauthorized personal charges were contained in the billings. In order to conceal her fraud scheme, Fox altered the company’s internal financial records, which she then sent to the company’s outside accountants. Altogether, Fox’s fraud scheme netted her approximately $420,000 in funds stolen from ExPro Midwest.
The Federal Bureau of Investigation investigated this case. Assistant U.S. Attorney Hal Goldsmith handled the case for the U.S. Attorney’s Office.
Former Baltimore DPW Supervisor Pleads Guilty to Extortion for Accepting Cash Payments and Causing Private Work to be Performed at Night by DPW EmployeesRead the Press Release
Baltimore, Maryland – Ronald M. Smith, age 46, of Elkton, Maryland, a former Baltimore Department of Public Works (“DPW”) supervisor pleaded guilty on August 27, 2020, to the federal charge of extortion under color of official right for misuse of his authority as a public employee. Smith admitted that he accepted cash payments for work he caused DPW crews to perform for private businesses.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.
According to his plea agreement, in 2014 and 2015, Smith was an employee of the Department of Public Works in Baltimore City ("DPW"). Smith was a supervisor in the Water and Waste Management Division ("WWMD"), and his supervisory responsibilities included receiving work orders, dispatching work crews and supervising the crews on jobsites. He supervised a crew of approximately eight employees. Smith generally worked the night shift—from midnight to 8 a.m. and, though he was not a licensed plumber, was responsible for responding to, overseeing and performing service repairs to City water ways, pipes, taps, connections, valves and water mains.
From 2014 through 2015, DPW was not responsible for installation of new or upgraded water service from Baltimore City's water main to the water meter vault of a house or a commercial property. If a property owner or developer was installing new or upgraded service to a property, the property owner/developer was required to hire a bonded utilities contractor, chosen from a list approved by Baltimore City DPW, to tap into the City's water main and connect from the water main to the property. The contractor was required to create a water meter vault in which a water meter could be installed to measure water usage for billing to the address. The property owner/developer, or the utilities contractor hired by the owner/developer, was also required to submit an Application for the Temporary Use of Right of Way to the Department of Transportation’s (DOT) Right of Way Permits Section, whenever the utilities contractor needed to "cut" into a street or alley to access the water main in connection with the installation of new or upgraded water service, and pay a fee of $300 for traffic control. The contractor also had to pay a 9% inspection fee for City costs before work could proceed. After the contractor completed the installation of the service, the contractor was required to repair the street cut. If the work extended overnight, the contractor was required to install and bolt down a steel plate over the excavation and place asphalt around the edges of the plate to secure it.
In 2014 and 2015, Philip Michael Loverde was a licensed plumber in the State of Maryland and one of the owners of All Service Plumbing and Drain Cleaning (“ASPDC” or “All Service”). ASPDC provided plumbing services in the Baltimore area. Loverde and ASPDC were not bonded approved utilities contractors permitted to tap into Baltimore City's water mains.
Sometime in late 2014 or in 2015, a contractor in the Baltimore area was building four new row houses. DPW was not required to install the new water or sewer utilities. Loverde was contracted for All Service to perform the plumbing work inside his properties. Loverde mentioned that he had a "utilities contractor," Smith, who could install the water and sewer services for the new construction. Smith was not a bonded approved utilities contractor and was neither a licensed contractor nor a licensed plumber. Smith obtained no permits for the work or for the street cut. Rather, Smith had DPW employees come to the site with Baltimore City equipment to break the street pavement for the new utilities, causing a large hole in the street and installing two water lines from the public water main to the new vaults. The DPW employees constructed two vaults which would accommodate two water meters each and installed a "jumper" so that from each vault, two lines ran from the vault to the houses. The crews also installed one sewer line per house which ran to the sewer line in the street. Loverde’s contract for the utility work and the interior plumbing for all four houses totaled $92,000. Of this amount, Loverde paid Smith approximately $10,000 for the installation of water and sewer services.
From May through October 2015, Smith was paid $12,500 for new water services to be installed at five row houses that were being re-developed. Without permits or paid traffic fees, Smith caused DPW work crews using DPW equipment to break the pavement, dig the holes, connect the pipe from the water main to the vault and from the vault to the house. Loverde was not involved.
In 2015, TRF Development Partners ("TRF"), a non-profit corporation based in Philadelphia, Pennsylvania, was active in renovating certain sections of East Baltimore. TRF had contracted with the East Baltimore Redevelopment Association to perform an historical rehabilitation of residential properties in east Baltimore. A supervisor for TRF contracted with All Service for plumbing work at the residences. In the 1200 block of Gay Street, water and sewer services connected to their respective lines from the back of the properties to a water main and sewer line buried underneath the alley behind the houses. TRF paved over the back yards of the houses before new water and sewer services had been installed.
Beginning sometime in 2015, Loverde agreed with Smith and an employee of TRF, that Smith would handle the connection of service from the City's water main to the water meter vault and then from the vault to the inside of the property for the residential and commercial properties on Preston and Gay Streets and perform similar utilities work for the sewer line. The new lines would run from the front of the houses to connect with a water main and a sewer line in the street; the pre-existing water and sewer lines ran from the back of the properties to the alley and would not be used because of the already completed paving.
TRF had retained the front wall of the properties but had gutted them completely and rebuilt them. Loverde's company was to be responsible for installing all interior plumbing and fixtures and connecting to the water supply lines and sewer lines that Smith had run into the property for the houses on Preston and Gay Street.
At the request of a TRF employee, Loverde agreed to include in his invoicing the charges for Smith to create the new water and sewer services for the properties. Loverde agreed to cash the checks from TRF made payable to All Service and to provide the cash to Smith. Loverde knew that Smith was not a bonded approved utilities contractor but intended to divert City employees, equipment and material to perform the work and to pocket the cash funneled through him by TRF.
Smith caused DPW work crews to cut the street on Preston and Gay Streets and connect the water and sewer services from the water main or sewer to the house for many addresses. Smith charged $1600 per address for water and sewer installation, for a total of $14,400, without permits or traffic fees. Smith caused a DPW crew with a heavy equipment operator to come to North Gay Street at night to cut the pavement, dig into the street and install the new water lines and sewer. Because the crew worked at night and in haste, the work was badly done, and North Gay Street began to collapse. The crew had to return at night to finish the street patching job. Smith also charged TRF $17,500 for the installation of a new dedicated water line for a commercial property at 1759 East Preston Street to provide water to a required fire sprinkler system. Smith installed the new water line with DPW crews, and Loverde cashed the TRF check and paid Smith.
Smith met a developer who was tearing down a church at the corner of Elwood and East Baltimore Street. The developer was rehabbing one row house and building 3 new row houses on the foundation of the old church. He agreed with Smith that Smith would install new water service for the three new row houses by connecting to the water main on East Baltimore and the water main on Elwood. They also agreed that Smith could install three new sewer connections to the sewer line that ran down the alley behind the church. Once again, Smith used DPW crews and equipment to perform this work, obtained no permits, paid no traffic fees, and paid no inspection fees. Smith was paid approximately $10,000 in cash for this work. Loverde was not involved.
In all, Smith admitted that he received at least $64,000 for the work performed by DPW crews. Loverde pled guilty to his role in the extortion scheme on January 22, 2020.
Smith faces a maximum sentence of 20 years imprisonment. 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. U.S. District Judge Catherine C. Blake has not yet scheduled sentencing dates for Smith or Loverde.
United States Attorney Robert K. Hur commended the FBI for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Joyce McDonald, who is prosecuting the case.
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Five Individuals Indicted for Fentanyl and Heroin Trafficking ConspiracyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on Eric Hill, age 31, of Plymouth, Candacelee Ellis, age 34, of Plymouth, PA, Thomas Evanchik, age 40, of Kingston, PA, Casey VanGorder, age 25, of Wilkes-Barre, PA, and Casey Read, age 37, of Wilkes-Barre, PA, were indicted on August 11, 2020, by a federal grand jury for drug trafficking. The case was unsealed following the arrest of defendants.
According to United States Attorney David J. Freed, the indictment alleges that defendants conspired to distribute more than 400 grams of fentanyl and additional amounts of heroin in the Luzerne County area between January 2017 and the present.
The matter was investigated by the Bureau of Alcohol, Tobacco and Firearms (ATF), the Kingston Police Department, the Luzerne County Drug Task Force, and the Pennsylvania State Police. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement 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 enforcement and the local community to develop effective, locally-based strategies to reduce crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments and Criminal Informations 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.
Under federal law, the drug trafficking offense carries a mandatory minimum sentence of ten years in prison, up to a maximum sentence of life in prison, 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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Federal Jury Convicts Lewiston Drug Trafficker on Six ChargesRead the Press Release
COEUR D'ALENE – Christopher William Bounds, 37, of Lind, Washington, was convicted by a federal jury in Coeur d'Alene on six federal drug and firearms charges, U.S. Attorney Bart M. Davis announced today. The jury found Bounds guilty of:
- Conspiracy to distribute methamphetamine and heroin;
- Possession with intent to distribute methamphetamine;
- Possession with intent to distribute heroin;
- Unlawful possession of a firearm by a felon;
- Unlawful possession of a firearm by a drug addict; and
- Possession of a firearm in furtherance of drug trafficking.
During the four day trial, the jury heard evidence that on August 15, 2018, Quad Cities Drug Task Force detectives were conducting surveillance on Bounds who had just brought a load of methamphetamine and heroin from Washington. During their surveillance, detectives observed Bounds make a hand to hand drug transaction. Bounds’ vehicle was pulled over, just outside Lewiston, by a Nez Perce County Sheriff’s Deputy assisting the task force. Officers searched Bounds’ vehicle and seized two pounds of pure methamphetamine, 490 grams of heroin, and sixteen firearms. Testimony at trial showed that the drugs were valued at over $32,000. Bounds’ cell phone was also seized and searched. Communications showed that Bounds was tied into drug traffickers also under federal indictment in the Eastern District of Washington.
Bounds faces a sentence of 15 years to life in federal prison, and up to a $20,000,000 fine, for the drug trafficking charges. He faces a maximum sentence of 10 years in prison, and up to a $250,000 fine for unlawfully possessing firearms. A five year consecutive sentence must also be imposed for his possession of firearms in furtherance of drug trafficking.
Sentencing is set for November 17, 2020, before U.S. District Judge David C. Nye, at the federal courthouse in Coeur d'Alene.
Multiple law enforcement agencies contributed to the prosecution of this case including the Lewiston Police Department, Nez Perce County Sheriff’s Office, Clarkston Police Department, Whitman County Sheriff’s Office, and Federal Bureau of Investigation, who are all part of the Quad Cities Drug Task Force, as well as the Bureau of Alcohol, Tobacco, Firearms and Explosives and Drug Enforcement Administration, who are not part of the task force but participate with it on a regular basis. The Quad Cities Drug Task Force is a multi-jurisdictional group of law enforcement officers working together to target drug trafficking in Lewiston and Moscow, Idaho, and Clarkston and Pullman, Washington.
This indictment is the result of a joint investigation by the Organized Crime and Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. Program participants include Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service.
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Federal Criminal Probe into Failure of Chicago Bank Adds New Charges and Four Former Employees as DefendantsRead the Press Release
CHICAGO — An ongoing federal criminal investigation into the failure of a Chicago bank has resulted in charges against four new defendants, all of whom worked for the bank.
Washington Federal Bank for Savings was shut down in December 2017 after the Office of the Comptroller of the Currency determined that the bank was insolvent and had at least $66 million in nonperforming loans. Last year, two Illinois attorneys – bank customer ROBERT M. KOWALSKI and his sister, JAN R. KOWALSKI – were indicted for allegedly defrauding Robert Kowalski’s creditors and the trustee in his bankruptcy case by concealing cash and property belonging to Robert Kowalski’s bankruptcy estate. A second superseding indictment returned Thursday renewed the bankruptcy fraud charges against the Kowalskis and added four former Washington Federal employees to the case. The new indictment also identified the primary creditor victim of the bankruptcy fraud as the Federal Deposit Insurance Corporation. The employees allegedly conspired with Robert Kowalski and higher-ranking bank officials to embezzle at least $29 million in bank funds in the years preceding the closure. The employees and the higher-ranking officials allegedly transferred the money to Robert Kowalski and others, often without any documentation, and falsified bank records to conceal the embezzlement from the OCC and the FDIC, the latter having become the receiver of the bank and provider of approximately $90 million to make account holders whole.
The new indictment charges Robert Kowalski, 58, of Chicago, with conspiracy to commit embezzlement and falsify bank records. Also charged in the conspiracy are the four former bank employees: ROSALLIE C. CORVITE, 45, of Chicago, who served as Chief Financial Officer and Treasurer; JANE V. IRIONDO, formerly known as Jane V. Tran, 39, of Boise, Idaho, who served as Corporate Secretary; ALICIA MANDUJANO, 49, of Chicago, who worked as a loan servicer; and CATHY M. TORRES, 39, of Chicago, who worked as a loan officer. The four employees also face individual counts of falsifying bank records. In addition to renewing the bankruptcy fraud charges against Robert Kowalski and Jan Kowalski, 56, of LaGrange, the new indictment also adds several tax counts against Robert Kowalski for allegedly failing to file income tax returns and filing false personal and corporate returns for various years.
Arraignments in U.S. District Court in Chicago have not yet been scheduled.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jay N. Lerner, Inspector General of the FDIC’s Office of Inspector General; Kathy A. Enstrom, Special Agent-in-Charge of IRS Criminal Investigation in Chicago; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI; Catherine Huber, Special Agent-in-Charge of the Central Region of the Federal Housing Finance Agency, Office of Inspector General; Brad Geary, Special Agent-in-Charge of the U.S. Department of Housing and Urban Development's Office of Inspector General in Chicago; Assistant Inspector for Investigations Sally Luttrell of the Department of the Treasury, Office of Inspector General; Joseph M. Ferguson, City of Chicago Inspector General; and Elissa Rhee-Lee, Chicago Housing Authority Inspector General. Valuable assistance was provided by the U.S. Trustee Program. The government is represented by Assistant U.S. Attorneys Brian Netols, Michelle Petersen, and Jeremy Daniel.
The criminal investigation remains ongoing.
The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Dothan Man Sentenced to 70 Months in Prison Following Federal Drug ConvictionRead the Press Release
Montgomery, Alabama – On Thursday, August 27, 2020, Dotavious Antwann Robinson, a 28-year-old from Dothan, Alabama, was sentenced to 70 months in prison after pleading guilty to possession of methamphetamine with the intent to distribute, announced United States Attorney Louis V. Franklin, Sr. Robinson was also ordered to serve five years of supervised release after he completes his prison sentence. There is no parole in the federal system.
According to court records and statements made in open court, on April 18, 2017, the Dothan Police Department was responding to a disturbance call. When officers arrived, they encountered a vehicle with Robinson sitting in the backseat. As they approached the vehicle, Robinson fled the scene but left behind a handgun and a black suitcase containing methamphetamine, among other drugs. Approximately three weeks later, law enforcement arrested Robinson and he was found to be in possession of more illegal narcotics. He pleaded guilty to possession of methamphetamine with intent to distribute in May 2020.
The Dothan Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case, with assistance from the Alabama Department of Forensic Sciences. Assistant United States Attorneys Brandon Bates, Megan Kirkpatrick, and Bradley Bodiford prosecuted the case.
Dominican Brothers Indicted for Fentanyl ConspiracyRead the Press Release
BOSTON – Two brothers from the Dominican Republic who lived in Lawrence were indicted yesterday in federal court in Boston on fentanyl distribution charges.
Guillermo Aybar-Guerrero, 28, and Luis Aybar-Guerrero, 24, were indicted on one count of conspiring to distribute and to possess with intent to distribute fentanyl and one count of possession with intent to distribute fentanyl. The defendants were previously charged in criminal complaints and arrested in June 2020.
According to charging documents, investigators conducted controlled purchases of fentanyl from Guillermo on June 10 and 17, 2020. On June 25, 2020, investigators set up a third controlled purchase, at which time Guillermo was arrested in possession of approximately 30 grams of suspected fentanyl. It is alleged that Guillermo retrieved these 30 grams of fentanyl from his brother, Luis. A search of Luis’ residence resulted in the seizure of an additional 263 grams of fentanyl as well as a scale, baggies and other drug-distribution paraphernalia.
The charge of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl, and possession with intent to distribute of 40 grams or more of fentanyl carry a mandatory minimum sentence of five years and a maximum of 40 years in prison; at least four years of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. The case is being prosecuted by Lelling’s Narcotics and Money Laundering Unit.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
District Man Sentenced to 102 Months in Federal Prison for Firearm Trafficking Conspiracy and Shooting of a JuvenileRead the Press Release
WASHINGTON – Jonathan Webb, 22, of Washington, D.C., was sentenced today to 102 months in federal prison in connection with a long term firearm trafficking investigation and a shooting in Southeast Washington, D.C. that left one juvenile severely injured announced Acting U.S. Attorney Michael R. Sherwin, Ashan Benedict, Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Peter Newsham, Chief of the Metropolitan Police Department (MPD),
On July 10, 2019, Webb pleaded guilty to Conspiracy to Engage in the Trafficking of Firearms and Aggravated Assault While Armed before United States District Court Judge Amit Mehta.
Today’s sentence is the result of an investigation by ATF, MPD, and the Virginia State Police into a firearms trafficking ring based out of Washington, D.C. in which members of the conspiracy were traveling to Virginia to illegally purchase firearms before filing-off the serial numbers and reselling them in the District of Columbia and Maryland.
According to the court documents, on June 27, 2018, Webb traveled with two co-conspirators to a firearms store in Virginia in order to acquire a firearm. Webb entered the firearm store, inspected firearms, and soon thereafter, handed money to a co-conspirator who agreed to purchase the firearm on his behalf. After purchasing the firearm, the three conspirators traveled back to Washington, D.C. where they filed-off the serial number for the firearm and Webb took possession of the firearm. Webb’s co-conspirators purchased approximately 31 firearms during the course of this conspiracy. Webb assisted the co-conspirators in finding buyers for some of their firearms. On at least one occasion, Webb and other members of the conspiracy posed for photographs while holding firearms and filmed a music video using firearms purchased during the course of this conspiracy.
In court papers referencing the Aggravated Assault While Armed, on October 8, 2018, Webb saw a juvenile walking on the sidewalk down the 3200 block of Stanton Road SE in Washington, D.C. As the juvenile continued walking further down Stanton Road, Webb emerged from between two houses, immediately drew his firearm and fired multiple bullets at the juvenile, striking him multiple times. As a result of the shooting, the juvenile suffered a pelvic fracture, a left arm fracture, right thigh fracture, and a spinal injury that caused paralysis.
This case was investigated by ATF and MPD with the assistance of the Virginia State Police. It was prosecuted by Assistant U.S. Attorneys Kevin L. Rosenberg of the Violent Crime and Narcotics Trafficking Section and Emile Thompson of the Homicide Section of the U.S. Attorney’s Office for the District of Columbia.