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Thursday 20 August 2020
Contract Mail Carrier Sentenced to Prison for Stealing and Opening Nearly 70 Pieces of MailRead the Press Release
LAS VEGAS, Nev. — David Stephen Bangs II, 34, of Henderson, Nevada, was sentenced yesterday to six months in federal prison to be followed by one year of supervised release for stealing mail while employed as a contract mail carrier by the U.S. Postal Service, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada and Special Agent in Charge John D. Masters, Western Area Field Office, USPS Office of the Inspector General.
“Our office is proud to partner with the U.S. Postal Service to stop mail theft in our Nevada communities — including by holding accountable those who betray the public’s trust,” said U.S. Attorney Trutanich.
Special Agent in Charge Masters said, “The American public trusts that U.S. Postal Service employees will obey the law and honor the commitment to their duties. When that duty and trust is violated, the Postal Service Office of Inspector General (USPS OIG) investigates those matters. This sentencing sends a clear message that mail theft is a serious crime, which carries serious consequences. The USPS OIG, along the U.S. Attorney’s Office, remain committed to safeguarding the integrity of the U.S. Mail and ensuring the accountability and integrity of U.S. Postal Service employees.”
On February 4, 2020, Bangs pleaded guilty to one count of mail theft before U.S. District Judge Gloria M. Navarro, who sentenced him.
According to court documents, from April 1, 2018 to August 7, 2019, Bangs performed contract delivery services for the U.S. Postal Service. In June 2019, customers in one neighborhood complained about missing or opened mail to the USPS OIG. Bangs was identified as the letter carrier for that area. The USPS OIG conducted a test on his route, and Bangs was found to have stolen money from the test letter. During an interview, Bangs admitted that, between February 2019 and August 2019, he targeted customer mail that he believed contained cash. He admitted to stealing mail from at least 67 victims.
The charges resulted from an investigation by the USPS OIG. Special Assistant U.S. Attorney Jeremy Robbins and Assistant U.S. Attorney Jim Fang prosecuted the case.
To report violations, employee misconduct, fraud, waste, abuse of authority, or theft involving U.S. Postal Service employees and contractors, please contact the USPS OIG Hotline at https://www.uspsoig.gov/form/file-online-complaint.
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Carroll County Woman Sentenced to 14 Years in Federal Prison for Meth Trafficking and DistributionRead the Press Release
Jackson, TN – Brandi Oswalt, 32, a resident of Cedar Grove, Tennessee, has been sentenced to 170 months in federal prison for her role in a conspiracy to possess with intent to distribute in excess of 156 grams of actual methamphetamine. D. Michael Dunavant, U.S. Attorney announced the sentence today.
In November 2018, a Title III order was obtained for the interception of wire and electronic communications for a telephone being utilized by a drug trafficking organization. Intercepted communications indicated that members of the Drug Trafficking Organization (DTO) had developed a network spanning multiple counties and judicial districts in Tennessee. In December 2018, a second Title III order was acquired for the interception of wire and electronic communications on two telephones. Further, it was confirmed that members of the DTO were transporting narcotics to the Western District of Tennessee.
With multiple search warrants, interviews, and continued investigation, evidence revealed that Oswalt was a distributor for the drug trafficking organization. Oswalt would travel to members of the conspiracy’s residence, where she would purchase ½ pound of actual methamphetamine. A codefendant would also purchase methamphetamine on her behalf.
Oswalt was responsible for distributing over 4.5 kilograms of actual methamphetamine. Based on two prior felony convictions for methamphetamine offenses in Henderson County in 2010 and Decatur County in 2018, Oswalt is considered to be a career drug offender under federal law.
On August 12, 202, U.S. District Court Senior Judge J. Daniel Breen sentenced Oswalt to 170 months in federal prison followed by five years supervised release. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said, "This sentence represents another great example of law enforcement working together to hold meth traffickers accountable. Criminal enterprises that distribute these harmful drugs into our rural communities can no longer hide. We are taking the fight to the drug trafficking organizations in order to dismantle them and remove them from our streets."
This prosecution is part of an extensive investigation by the Organized Crime and Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
The Federal Bureau of Investigation (FBI) and the Lexington Police Department investigated this case.
Assistant U.S. Attorney Jerry Kitchen prosecuted this case on behalf of the government.
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CBP officer charged with briberyRead the Press Release
McALLEN, Texas – A 46-year-old Alamo man is set to appear in federal court on allegations he accepted a bribe, announced U.S. Attorney Ryan K. Patrick.
Oziel Cantu is charged in a criminal complaint filed today. Authorities took him into custody last night. He is expected to appear before U.S. Magistrate Judge Juan F. Alanis tomorrow at 9:00 a.m.
The charges allege Cantu accepted $15,000 in exchange for facilitating the unlawful importation of narcotics into the United States from Mexico.
Cantu worked at the Pharr Port of Entry and assisted an individual smuggle cocaine that was concealed in a vehicle, according to the charges. He allegedly instructed an individual to use a certain inspection lane at a specified time on Aug. 19, so he could allow the vehicle to pass through inspection.
Cantu allegedly believed that individual had ties to a drug trafficking organization. However, that person was actually an undercover officer.
Authorities took Cantu into custody after arriving to accept the $15,000 payment, according to the complaint.
If convicted of bribery, Cantu faces up to 15 years in federal prison and a possible $250,000 maximum fine.
The Department of Homeland Security - Office of Inspector General and Customs and Border Protection - Office of Professional Responsibility conducted the investigation. Assistant U.S. Attorneys Frances Blake and James Sturgis are prosecuting the case.
A criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Buffalo Woman Pleads Guilty to Conspiring to Sell Heroin, Cocaine, and FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Lisa Holmes, 34 of Buffalo, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to conspiring to possess with intent to distribute and to distribute, heroin, fentanyl, cocaine, and butyryl fentanyl. The charge carries a maximum sentenced of 30 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that between April 2019 and September 2019, the defendant conspired with others to sell heroin, cocaine, fentanyl, and butyryl fentanyl. In April and May 2019, Holmes sold narcotics to an individual working with investigators on six occasions.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Hamburg Police Department, under the direction of Chief Kevin Trask.
Sentencing will be scheduled at a later date before Judge Skretny.
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Buffalo Man Going to Prison for His Role in Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Cooley, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute cocaine and crack cocaine, was sentenced to serve 33 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that in the early morning hours of June 3, 2018, the defendant was driving a vehicle stopped by the Buffalo Police Department after it was observed committing traffic violations for excessive tinted windows and speeding. Officers searched the vehicle after detecting a strong odor of marijuana coming from it. Quantities of suspected cocaine and crack cocaine were recovered, along with marijuana, a scale, gloves, packaging, and seven cellphones.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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Bronx Man Pleads Guilty to Cocaine Distribution ChargesRead the Press Release
ALBANY, NEW YORK – William Gonzalez, age 56, of the Bronx, New York, pled guilty on Tuesday to conspiring to distribute and possess with intent to distribute more than 5 kilograms of cocaine. The announcement was made by United States Attorney Grant C. Jaquith and Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division.
As part of his guilty plea, Gonzalez admitted that between August 2018 and September 2019, he distributed at least 5 kilograms of cocaine to a co-conspirator by meeting the co-conspirator in a parking lot in Saratoga Springs, New York, and exchanging cocaine for cash. Gonzalez admitted that he knew the co-conspirator would further redistribute the cocaine. Gonzalez further admitted that on September 25, 2019, he sold 1 kilogram of cocaine to the co-conspirator in exchange for cash.
Sentencing is scheduled for January 12, 2021 before Chief United States District Judge Glenn T. Suddaby, at which time Gonzalez faces a mandatory minimum term of imprisonment of 10 years, and a maximum sentence of up to life in prison, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. The defendant agreed in his plea agreement to forfeit to the United States the proceeds of his illegal activity.
The following co-defendants were previously charged and/or sentenced:
On July 13, 2020, Nestor Cordero-Hernandez was sentenced to 87 months in prison to be followed by a 3-year term of supervised release.
On March 12, 2020, Victor Aguero Vasquez was indicted on charges of conspiracy to distribute and possess with intent to distribute cocaine, and distribution of cocaine. On November 22, 2019, April Allen was charged with possession with intent to distribute cocaine. The charges against these defendants are merely allegations, and they are presumed innocent unless and until proven guilty.
This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
Blythewood Man Arrested and Charged with Nine Counts of Human Trafficking and Three Counts of Narcotics ViolationsRead the Press Release
Columbia, South Carolina --- United States Attorney Peter M. McCoy, Jr., announced today that Brian Leroy Watson, Jr., a/k/a “B,” a/k/a “Lil B,” 48, of Blythewood, was arrested on a federal indictment charging nine counts of human trafficking and attempted human trafficking and three counts of drug-related violations. The arrest and charges are a result of a collaborative effort among the Federal Bureau of Investigation (FBI), the Richland County Sheriff’s Department, and the Kershaw County Sheriff’s Office.
“While the record in this case speaks for itself, human trafficking is an egregious crime that often targets the most vulnerable among us for the profit of another,” said U.S. Attorney McCoy. “It is a dark reality even here in South Carolina, and this office will not tolerate it. That is why we work not only with our law enforcement partners to uncover and prosecute those who exploit others, but with support groups within the community that offer support services to human trafficking victims and educate the public about this unconscionable practice.”
"Operations like these result in the release of human trafficking victims from their horrifying bondage," said FBI Special Agent in Charge Jody Norris. "The FBI thanks the Richland County Sheriff’s Department and the Kershaw County Sheriff’s Office for their assistance in this investigation. We ask that anyone with information about human trafficking contact the FBI or their local law enforcement office."
“Human Sex Trafficking is a reality in our community,” said Richland County Sheriff Leon Lott. “Working in partnership with other law enforcement agencies and most important, the community, is the key to stopping this horrible crime.”
“We are very thankful for the teamwork of our federal partners in keeping our community safe,” said Kershaw County Sheriff Lee Boan. “As a reminder to parents, kidnapping is not always involved in human trafficking cases. Victims can be coerced into human trafficking by their dependency of basic needs or addiction to drugs. Holding your child close to you while in a crowded place is not always as important as knowing what your child does when they are away from you.”
The 12-count indictment alleges human trafficking violations against Watson as to multiple victims between 2016 and 2019 in South Carolina. The indictment also charges Watson with distributing heroin and fentanyl, and with unlawfully operating a Blythewood dwelling for the purpose of storing and distributing heroin, fentanyl, cocaine, crack cocaine, and methamphetamine. Watson was arrested on August 20, 2020, and had his initial appearance before United States Magistrate Judge Shiva V. Hodges at the Matthew J. Perry Courthouse in Columbia.
This case is being investigated by the FBI, the Richland County Sheriff’s Department and the Kershaw County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Elliott B. Daniels of the Columbia Office.
U.S. Attorney McCoy stated that all charges in this case are merely allegations at this stage and that the defendant is presumed innocent unless and until proven guilty.
If you or someone you know may have information relevant to this investigation, please call FBI-Columbia at 803-551-4200.
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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.
Birmingham Doctor and Co-Conspirators Sentenced for $7.8 Million Health Care Fraud, Unlawful Drug Distribution, and Money LaunderingRead the Press Release
BIRMINGHAM, Ala. – U.S. District Court Judge R. David Proctor on Tuesday sentenced a Birmingham doctor to 30 years in prison for his involvement with Care Complete Medical Clinic, located in Birmingham, AL and today sentenced two of Ifediba’s co-conspirators, announced U.S. Attorney Prim F. Escalona, FBI Special Agent in Charge Johnnie Sharp, Jr., and Drug Enforcement Administration Assistant Special Agent in Charge Clay Morris.
PATRICK EMEKA IFEDIBA, 61, of Shelby County, was convicted in July 2019 on thirty-five counts involving unlawful drug distribution, health care fraud, and money laundering. In addition to Ifediba’s prison sentence, Judge Proctor ordered forfeiture of his interest in real estate and the contents of several annuities and financial accounts, collectively worth approximately $2.5 million. The Court also entered forfeiture money judgments against Ifediba in the amounts of $2,481,665.73 (representing the proceeds of health care-fraud offenses) and $1,132,817.50 (representing the proceeds of controlled-substances offenses). Forfeiture proceedings concerning the financial-account contents and real estate are ongoing in order to account for the rights of any third-party claimants to the properties forfeited.
NGOZI JUSTINA OZULIGBO, 50, of Trussville, was convicted in July 2019 on twelve counts of health care fraud and money laundering. The jury determined that she had, among other things, conspired with Ifediba to both fraudulently bill Medicare and various health-insurance companies for allergy related tests and treatments and launder the proceeds of his unlawful activities. Ozuligbo was sentenced to 36 months in prison, and ordered to pay $392,845.94 in restitution.
CLEMENT ESSIEN EBIO, 63, of Hoover, pleaded guilty in August 2018 to conspiring with Ifediba and Ozuligbo to commit health care fraud. Ebio was sentenced to 30 months in prison, ordered to pay $392,845.94 in restitution, and a forfeiture money judgment was entered against him in the same amount.
“Physicians who choose to deal drugs while hiding behind their white coats are no different than drug dealers who hide in alleys,” Escalona said. “The greed of Dr. Ifediba contributed to the ongoing opioid crisis that is plaguing our communities. And to add insult to injury, Dr. Ifediba used our financial system to disguise the proceeds of his crimes and launder them into financial accounts and real property. Each day, more law-enforcement resources are being deployed to address health care fraud. These resources will result in more doctors, nurses, and business people in the health care sector being held accountable for their actions.”
“Ifediba intentionally fueled the local opioid epidemic by over prescribing addictive medications to patients for his own personal gain,” Sharp said. “The message should be clear, any doctor or healthcare professional who prioritizes profit or does harm to their patients under the guise of providing health care will be subject to the full investigative resources of the FBI and our law enforcement partners.”
“As proven at trial, Ifediba cared more about greed, lining his bank account with millions of dollars, and spreading opioid addiction than he cared about his Hippocratic oath,” Morris said. “Time and time again, Ifediba handed out prescriptions for highly addictive opioids without regard to life or the well-being of those struggling with addiction. The Ifedibas cared not about their patients or communities but only about their personal wealth. Today’s sentence is a stark reminder that even drug dealers who wear white coats are not above justice.”
According to evidence at trial, Ifediba was a doctor of internal medicine who owned and operated Care Complete Medical Clinic (“CCMC”). Ifediba and others, including his wife, operated CCMC as a pill mill, and illegally, repeatedly prescribed opioids there, often in combination with other controlled substances to form potent and deadly drug cocktails. In addition to operating the pill mill, Ifediba, in a conspiracy with Ebio and Ozuligbo, cheated and stole millions of dollars from Medicare and private health insurers in connection with an allergy fraud scheme that billed insurers for medically unnecessary allergy tests and allergen immunotherapy. Ifediba, with assistance from Ozuligbo and others, laundered the money he made from these crimes through over 50 bank accounts and shell corporations to hide the money and to purchase real estate and fund investment accounts that he controlled.
The FBI and DEA investigated the case as part of an Organized Crime Drug Enforcement Task Force operation. The DEA was assisted by the Fairfield Police Department, the State of Alabama Law Enforcement Agency, the Prattville Police Department, and the Lawrence County Sheriff’s Office. Assistant U.S. Attorneys Mohammad Khatib and Austin Shutt, and former Assistant U.S. Attorney Jim Weil prosecuted the case.
Baltimore Man Pleads Guilty to Federal Charge Related to Two Armed Carjackings in Baltimore CityRead the Press Release
Baltimore, Maryland -- Michael Wedington, Jr., age 19, of Baltimore, Maryland, pleaded guilty on August 20, 2020, to the federal charge of kidnapping for his role in the armed carjacking of two victims in June 2019.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Commissioner Michael Harrison of the Baltimore Police Department.
According to his plea agreement, Wedington participated in two armed carjackings that occurred on June 8 and June 10, 2019, respectively. In each instance, the victim was intending to purchase tools as part of an alleged transaction that Wedington set up through a cellular phone-based application, “OfferUp,” which connects local buyers and sellers of various products. When the victims arrived at the designated meeting spot, they were then directed to a second location, where the victims were robbed at gunpoint by Wedington and others, who also stole their vehicles.
In the carjacking on June 8, 2019, the victim arrived in the area of Washington Boulevard and South Monroe Street in Baltimore and was then directed to the 2400 block of West Lexington Street. Upon arriving, the victim was waived down and approached by Wedington and two other men. At first the men appeared to load the victim’s van with the purported tools they were purportedly selling. However, one suspect was armed with a handgun and forced the victim into the rear of his vehicle. Wedington and his accomplices stole the victim’s wallet and cash, a driver’s license, debit card and his cellular phone. As they drove away, one suspect placed a handgun in the victim’s mouth and demanded the Personal Identification Number (PIN) to the victim’s debit card. The suspects drove to a gas station in Northwest Baltimore with the victim still in the van, and one of the suspects used the PIN the victim had provided to obtain cash from an ATM. The victim escaped from the van in the area of the 7000 block of Park Heights Avenue and called the Baltimore Police Department to report the incident. The stolen vehicle was recovered five days later in that area of the 2700 block of Tivoly Avenue in Baltimore.
In the second carjacking on June 10, 2019, the victim was lured to the 2400 block of West Lexington Street through the OfferUp application by a user who was purportedly selling tools and equipment. When the victim arrived, he was directed to the back alley behind West Fayette Street, where Wedington and another individual approached him—both armed with handguns. The two men took the victim’s wallet, containing over $1,000 in cash, the victim’s two cell phones, and the victim’s Toyota Sienna vehicle.
Wedington was identified in a photo array, and Wedington’s fingerprint was recovered from the van stolen in the second carjacking. On November 1, 2019, a federal search warrant was executed at Wedington’s primary residence, which is located near the scenes of the two carjackings, and law enforcement recovered a Toyota car key, a firearm, 1,000 rounds of ammunition, replica firearms, and cellular phones. Law enforcement recovered from one of Wedington’s cell phones evidence of the OfferUp application and the “Brian” account which Wedington had used to orchestrate the June 8, 2019 carjacking.
Wedington faces a maximum sentence of life 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 Richard D. Bennett has scheduled Wedington's sentencing for November 19, 2020.
United States Attorney Robert K. Hur commended FBI and BPD for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Matthew DellaBetta and Daniel Loveland, who are prosecuting the case.
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Assistant Attorney General Makan Delrahim Announces Re-Organization of the Antitrust Division's Civil Enforcement ProgramRead the Press Release
The Department of Justice’s Antitrust Division announced today that it is creating the Office of Decree Enforcement and Compliance and a Civil Conduct Task Force. Additionally, it will redistribute matters among its six civil sections in order to build expertise based on current trends in the economy.
The Office of Decree Enforcement and Compliance will have primary responsibility for enforcing judgments and consent decrees in civil matters. It will also advise the Antitrust Division’s criminal sections when parties seek credit at the charging stage for their corporate compliance programs. The office will work closely with division attorneys, monitors, and compliance officers to ensure the effective implementation of and compliance with antitrust judgments. Additionally, the office will be the Antitrust Division’s primary contact for complainants who have information regarding potential violations of those final judgments. Any such concerns should be reported directly to [email protected].
“The Office of Decree Enforcement and Compliance will ensure the American consumer fully benefits from the Antitrust Division’s hard work identifying anticompetitive mergers and conduct,” said Assistant Attorney General Delrahim. “We are building on our recent successes in Live Nation and CenturyLink. Those matters show how important it is to enforce our consent decrees vigilantly.”
The establishment of the office is the culmination of efforts announced by Assistant Attorney General Delrahim in 2018 at the University of Chicago, to ensure that effective enforcement, rather than regulation, is the touchstone of settlement decrees and related agreements. These efforts are apparent in the Division’s revised, pro-consumer standard decree terms.
The Office of Decree Enforcement and Compliance will be led by Lawrence Reicher, who most recently served as Counsel to the Assistant Attorney General and was awarded DOJ’s John Marshall Award for his leadership of the Division’s Judgment Termination Initiative, the review and termination of perpetual judgments dating to the 1890s. “I am confident that under Larry’s leadership, the Office of Decree Enforcement and Compliance will hold parties fully to account for the agreements they enter with the Antitrust Division,” said Assistant Attorney General Delrahim.
The second change to the Antitrust Division’s civil enforcement program is the creation of the Civil Conduct Task Force. This dedicated group of Division attorneys will work across the civil sections and field offices to identify conduct investigations that require additional focus and resources. As an independent group, the task force will have the dedicated resources and a consistent mandate to investigate and, ultimately, prosecute civil conduct violations of the antitrust laws.
“This task force will energize and prioritize non-merger civil enforcement,” said Assistant Attorney General Delrahim. “Concentrating responsibility will mean greater accountability for these important investigations that lack the statutory deadlines of many merger investigations.”
The third change announced today is the realignment of certain responsibilities within the Antitrust Division’s six civil sections. The allocation of commodities among sections has evolved over the years, and today’s announcement is a recognition that technology has reshaped the competitive dynamics in several industries that the Antitrust Division analyzes on a regular basis.
“This realignment recognizes how technology trends have changed the way Americans consume financial services as well as media and communications services. It will make the Antitrust Division more efficient and more effective enforcing the antitrust laws,” said Assistant Attorney General Delrahim. “This result is better for companies under investigation and, more importantly, leads to outcomes that benefit the American consumer.”
Specifically, the currently named Media, Entertainment, and Professional Services Section will shift attention to financial services, fintech, and banking. Those commodities were previously divided across three other civil sections. The currently named Telecommunications and Broadband Section will expand its portfolio to concentrate on media, entertainment, and telecommunications industries. Lastly, the currently named Technology and Financial Services section will focus full time on technology markets and the competitive characteristics of platform business models.
Name changes to these sections to reflect their new responsibilities will follow.
Armed methamphetamine dealer sentenced to prisonRead the Press Release
BILLINGS — A Billings woman who admitted having five firearms while trafficking methamphetamine in the community was sentenced today to eight years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Amber Lynn Lanphear, 35, pleaded guilty in February to conspiracy to possess with intent to distribute meth and to possession of a firearm in furtherance of a drug trafficking crime.
U.S. District Judge Susan Watters presided.
The prosecution said in court documents that law enforcement received information in 2018 that Lanphear was an armed drug trafficker in Billings and was bringing large amounts of meth to Billings from Colorado. Officers began surveilling Lanphear's movements, and in December 2018, saw her leave her residence in a vehicle and make several short stops and meet with unidentified individuals. In addition, Lanphear used a social media account to send messages in January 2019 saying she was taking "pre-orders" and "heading south." One message included a photograph of what appeared to be a large crystal of meth. Law enforcement learned about a drug run in which Lanphear returned from Colorado on Jan. 19, 2019. Officers executed a search warrant on Lanphear's residence on Jan. 22, 2019 and found a total of five firearms in her residence and vehicle and about 32 grams of pure meth.
Assistant U.S. Attorney Karla Painter prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Guardian, the U.S. Department of Justice’s recent initiative to reduce gun violence and enforce federal firearms laws, and Project Safe Neighborhoods, the USDOJ’s initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 through 2018. Through these initiatives, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Armed Felon Who Pulled Gun on Officer IndictedRead the Press Release
St. Louis – Wayne Banks, 42, of St. Louis, Missouri, was indicted by a federal grand jury for felon in possession of a firearm. He was charged by a complaint on August 17, 2020, is in federal custody, and was presented in federal court this afternoon.
According to court documents, on August 16, 2020, a Berkeley Police Department officer was on patrol in his police car near an apartment complex in Berkeley, Missouri. He saw a large crowd of individuals in a parking lot of the apartment complex, in violation of the “no loitering” signs posted throughout the complex. The officer asked the crowd to leave or go back inside the complex because they were loitering.
According to court documents, Banks confronted the officer. Banks punched the officer in the head. As Banks and the officer struggled, he pulled a gun on the officer. The officer managed to turn the gun away from him. Banks, however, continued attempting to turn the gun on the officer.
Officers eventually secured Banks, and seized a loaded .40 caliber Smith & Wesson Taurus, semiautomatic pistol from Banks.
These charges are the result of an investigation by the Berkeley Police Department and Missouri Department of Public Safety.
As is always the case, the charge in an indictment is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.
Alleged Members of Violent Gang Charged in Racketeering ConspiracyRead the Press Release
ALEXANDRIA, Va. – A federal grand jury returned an indictment today charging seven alleged members of the Reccless Tigers street gang with various crimes including racketeering conspiracy, murder, kidnapping, drug trafficking, money laundering, and obstruction of justice.
The superseding indictment includes allegations of two murders committed by members of the Reccless Tigers. The first occurred on April 24, 2016, at a house party hosted by the Reccless Tigers. During the party, one of the guests, Ho Lee, got into an argument with someone in the gang. The argument turned into a brawl, during which Lee was attacked by numerous gang members. Lee was stabbed in the chest during the fight, and later left the party with friends unaware that his injuries were life-threatening. Lee died later that night at home.
The second alleged murder occurred on Feb. 1, 2019. The victim, Brandon White, allegedly owed defendant Young Yoo approximately $10,000 for marijuana he had obtained in 2015-2016. In August 2018, White was severely beaten by a Reccless Tigers gang member, David Nguyen, because of this debt. Nguyen was arrested by Fairfax County Police and charged with robbery and malicious wounding. The gang was allegedly aware that Brandon White had been subpoenaed to testify against David Nguyen at a preliminary hearing and allegedly attempted to pay him if he would refuse to testify. White was allegedly warned, however, that he would be killed if he testified. White refused the gang's offer, and he testified against Nguyen on Nov. 19, 2018.
On Jan. 31, 2019, and continuing into the early morning hours of February 1, White was abducted at a shopping mall in Fairfax County and then killed two hours later in a wooded area of Richmond. The superseding indictment alleges that White was killed by defendants Peter Le, Young Yoo, and Joseph Lamborn. Defendant Sascha Carlisle allegedly participated in the abduction of White.
Below is information related to each defendant charged in the superseding indictment.
Name, Age
Hometown
Charges
Peter Le, 23
California
Counts 1, 3-13, 16, 21
Anthony Nguyen Thanh Le, 27
Woodbridge
Counts 6, 11, 12
Joseph Duk-Hyun Lamborn, 26
Centreville
Counts 1, 3-7, 13, 17, 20
Tony Minh Le, 26
California
Counts 1, 6, 14, 15
Sang Thanh Huynh, 30
Washington, D.C.
Counts 1, 2, 6, 18, 22-37
Young Yoo, 24
Centreville
Counts 1-7, 13, 19
Sascha Amadeus Carlisle, 26
Westminster, California
Counts 1, 4, 6
Six of the seven defendants are in custody (Anthony Thanh Le is a fugitive). Arraignment is scheduled for September 1.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Robert E. Bornstein, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division; and Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, made the announcement. Assistant U.S. Attorneys James L. Trump, Carina A. Cuellar, and Special Assistant U.S. Attorney Rachael C. Tucker are prosecuting the case.
This investigation was conducted by FBI Washington Field Office’s Transnational Organized Crime Task Force. This task force, composed of FBI Special Agents, along with Agents from the Department of Homeland Security, Homeland Security Investigations, the U.S. Postal Inspection Service, the Internal Revenue Service, Criminal Investigative Division, and local and state law enforcement agencies, investigate and disrupt the most egregious organized crime enterprises operating within the Capital Region.
Investigative assistance was provided by ATF Washington Field Division, FBI Richmond, FBI Los Angeles, FBI Sacramento, U.S. Marshals, Prince William County Police, City of Richmond Police, Montgomery County (MD) Police, Loudoun County Sheriff’s Office, Falls Church Police, City of Alexandria Sheriff’s Office, Richmond County Sheriff’s Office, Fairfax County Fire Marshal, Prince William County Fire Marshal, Stafford County Fire Marshal, City of Monterey Park (CA) Police, Garden Grove (CA) Police, Anaheim (CA) Police; Trinity County (CA) Sheriff’s Office, California Highway Patrol, DEA San Francisco Division – Reading Office, California Department of Forestry and Fire Protection, California Department of Food & Agriculture, California Department of Consumer Affairs Bureau of Cannabis Control, U.S. Attorney’s Office Eastern District of California – Sacramento Office, U.S. Attorney’s Office Central District of California – Santa Ana and Riverside Offices.
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. 1:19-cr-57.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
Agawam Man Pleads Guilty to Defrauding VA Hospitals by Failing to Inspect Medical Gas SystemsRead the Press Release
BOSTON – A vendor for several Veterans Affairs medical facilities pleaded guilty today to a scheme to profit by billing for, but failing to perform, critical medical gas inspections at VA facilities.
Chester Wojcik, 49, of Agawam, Mass., pleaded guilty to one count of wire fraud. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Nov. 19, 2020.
From May 29, 2014, through March 5, 2015, Wojcik, as the owner of Alliance Medical Gas Corporation, engaged in a scheme to defraud the VA by creating false invoices and reports for medical gas inspections that never took place. Medical gas supply systems deliver piped gases, including compressed air, oxygen, nitrous oxide, nitrogen and carbon dioxide to operating rooms, recovery rooms and patient rooms. Medical gas supply systems must be inspected and maintained regularly to ensure the safety of patients and medical professionals. Wojcik failed to perform, and then lied about, scheduled inspections of medical gas systems at VA facilities in Sioux Falls, S.D., Tuskegee, Ala. and Montgomery, Ala. Wojcik was paid $8,981 by the VA for services that his company did not perform.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense. 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; Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs, Office of Inspector General, Northeast Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Elysa Q. Wan of Lelling’s Health Care Fraud Unit is prosecuting the case.
Activity in the United States Attorney's OfficeRead the Press Release
Chief Federal District Court Judge Scott W. Skavdahl sentenced TAD NATHANIEL MATHILL, 44, of Gillette, Wyoming on August 18, 2020 for conspiracy to commit bank fraud and possession of stolen mail. Mathill appeared pursuant to summons. He received thirty months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay restitution in the amount of $9,971.29 and a $200.00 special assessment. The Gillette Police Department, Campbell County Sheriff’s Office, and the US Postal Inspection Service investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced LEO HEADLEY, Jr., 57, of Arapahoe, Wyoming on August 11, 2020 for abusive sexual contact. Headley was arrested in Lander, Wyoming. He received one hundred twenty months of imprisonment, to be followed by one hundred eighty months of supervised release, and ordered to pay restitution in the amount of $300.00. The Bureau of Indian Affairs investigated this case.
Federal District Court Judge Nancy D. Freudenthal sentenced MARK BRYAN LOHMAN, 55, of Torrington, Wyoming on August 10, 2020 for felon in possession of a firearm. Lohman was brought into federal custody pursuant to a writ. He received forty-one months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $100.00 fine, and restitution in the amount of $3,500.00. The Cheyenne Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.
Federal District Court Judge Alan B. Johnson sentenced JEREMY DEAN PRIEBE, 20, of Casper, Wyoming on August 7, 2020 for felon in possession of a firearm. Priebe was arrested in Cheyenne, Wyoming. He received seventy-seven months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $200.00 fine, and a $100.00 special assessment. The Mills Police Department, Casper Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.
These felons in possession of a firearm cases are 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. Former Attorney General Jeff Sessions 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.
Federal District Court Judge Nancy D. Freudenthal sentenced ARMANDO CERVANTES, 39, of Salt Lake City, Utah on July 27, 2020 for conspiracy to possess with the intent to distribute methamphetamine, and possession with the intent to distribute methamphetamine and aiding and abetting. Cervantes was arrested in Salt Lake City, Utah. He received one hundred eighty eight months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay community restitution in the amount of $400.00. The Wyoming Division of Criminal Investigation investigated this case.
Cervantes was part of a large methamphetamine trafficking operation distributing drugs throughout Wyoming in 2010. Cervantes lived in Utah and acquired multi pound quantities of methamphetamine from Mexican sources, which he pumped into Wyoming on a weekly basis.
Cervantes was arrested July 29, 2010 and pleaded not guilty to the allegations in the Indictment and was released on bond. Trial in the matter commenced on January 4, 2011. On the second day of trial, the Defendant fled and did not appear in court for trial. A bench warrant was issued for his arrest. The matter was continued to a later date in hopes of locating Cervantes. Cervantes remained at large and trial, in absentia, resumed on January 31, 2011. Cervantes’ defense counsel continued to represent him despite Cervantes’ deliberate nonattendance. On February 4, 2011, the jury returned a guilty verdict on both counts charged in the Indictment. Cervantes remained at large until the United States Marshals in Utah arrested him on February 5, 2020.
4 men facing criminal charges for illegal gambling business that netted more than $3 millionRead the Press Release
CORPUS CHRISTI, Texas – Four Corpus Christi men are set to appear in federal court following the return of an indictment in relation to the operation of an illegal gambling business, announced U.S. Attorney Ryan K. Patrick.
The indictment was unsealed today and charges Nathan Nichols, 44, Richard Nunez, 47, Richard Conlon, 56, and Douglas Wells, 51, with one count of conspiracy to commit money laundering and four counts of operating an illegal gambling business. They are expected to appear for their arraignment Aug. 27 at 10 a.m. before U.S. Magistrate Judge Jason B. Libby.
From March 13, 2018, to Aug. 1, 2019, the men allegedly owned, operated or managed an illegal gambling business in Corpus Christi. The charges allege they also conspired to launder funds generated from that enterprise.
According to the indictment, Nichols, Nunez, Conlon and Wells concealed and disguised the nature, location, source, ownership and control of the illegal gambling proceeds.
During the course of the investigation, authorities allegedly seized several million dollars, gold bars and multiple vehicles, including a Lamborghini.
If convicted, all face up to 20 years in federal prison and a possible $500,000.00 maximum fine.
The FBI conducted the investigation. Assistant U.S. Attorneys Jeremy C. Fugate, Neel Kapur and Joel Dunn are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
22 Year Old Man Indicted and Arrested on Charges of Child PornographyRead the Press Release
SAN JUAN, P.R. – Francisco Xavier Ortiz-Colón, a private security guard, was indicted and arrested for production of child pornography, coercion and enticement of a minor, and receipt of child pornography, following a U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and a Puerto Rico Crimes Against Children Task Force (PRCACTF) investigation, announced United States Attorney for the District of Puerto Rico, W. Stephen Muldrow.
On August 19, 2020, a federal grand jury returned an indictment charging Ortiz-Colón with 13 counts of child exploitation. Today, HSI special agents arrested Ortiz-Colón at his place of residence.
The indictment charges Ortiz-Colón with one count each of possession and receipt of child pornography and five counts each of production of child pornography and coercion and enticement of a minor. The charging document alleges that from August 2019 through June 2020, Ortiz-Colón, at different dates, induced, enticed and coerced six female victims, ranging from nine (9) to fourteen (14) years of age, to engage in sexually explicit conduct for the purpose of producing child pornography. Ortiz-Colon used an Instagram account to commit these crimes.
“The production of child sexual abuse material is a horrific crime that can negatively affect victims for their entire lives,” said U.S. Attorney Muldrow. “I am thankful to those who stopped this defendant from committing further crimes. The U.S. Attorney’s Office, and our law enforcement partners, are committed to aggressively investigating and prosecuting these crimes.”
“This case has to be one of the most aberrant child exploitation cases investigated by HSI San Juan in terms of the charges filed against the individual as well as his modus operandi,” said Ivan J. Arvelo, Special Agent in Charge for HSI San Juan and U.S. Virgin Islands. “This man told one of his victims “they (referring to law enforcement) will never catch me,” – he was caught and now faces a long time in jail if found guilty in a court of law.”
Assistant U.S. Attorney Jenifer Y. Hernández-Vega, Project Safe Childhood Coordinator in the Child Exploitation and Immigration Unit, is in charge of the prosecution of the case. If convicted, the defendant faces a mandatory minimum sentence of fifteen (15) years’ imprisonment, and a statutory maximum sentence of 30 years’ incarceration for the production of child pornography counts; a mandatory minimum sentence of ten (10) years’ imprisonment and a maximum penalty of life for the coercion and enticement of a minor counts; and a statutory maximum of twenty (20) years’ imprisonment for the receipt and possession of child pornography counts.
This investigation was conducted under HSI’s Operation Predator, an international initiative to protect children from sexual predators. Since the launch of Operation Predator in 2003, HSI has arrested more than 25,000 individuals for crimes against children, including the production and distribution of online child exploitation material, traveling overseas for sex with minors, and sex trafficking of children. In fiscal year 2019, more than 3,500 child predators were arrested by HSI special agents under this initiative and more than 1,000 victims identified or rescued.
For additional information about wanted suspected child predators, download HSI’s Operation Predator smartphone app or visit the online suspect alerts page. HSI is a founding member of the Virtual Global Taskforce, an international alliance of law enforcement agencies and private industry sector partners working together to prevent and deter online child sexual abuse.
Suspected child sexual exploitation or missing children may be reported to the National Center for Missing and Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST.
An indictment contains only charges and is not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
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17 Individuals Charged with Drug Trafficking in Puerto RicoRead the Press Release
SAN JUAN, Puerto Rico – A federal grand jury in the District of Puerto Rico returned an indictment against 17 defendants charged with conspiracy to possess with intent to distribute controlled substances, and aiding and abetting in the possession with intent to distribute crack (cocaine base), announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. The Drug Enforcement Administration (DEA), and the Puerto Rico Police Department (PRPD), Ponce Strike Force.
The indictment alleges that since the year 2012, and continuing up to January 2019, the drug trafficking organization distributed crack in the municipalities of Cabo Rojo, Mayagüez, and Hormigueros, PR, all for financial gain and profit. The 17 defendants acted in different roles in order to further the goals of their organization, to wit: one leader, two runners, and 14 delivery persons.
As part of the conspiracy, the members of the drug trafficking gang delivered crack to their clients. Customers would call a designated number, provide the amount of crack they wanted and their address, and the crack was delivered to them. The drug trafficking organization employed delivery persons, provided them the crack, a cell phone, and a rental car to deliver the crack. At the end of the shift, the delivery persons would pass along the cell phone and the rental car to the next delivery person on-call. The delivery service operated seven days a week, twenty-four hours a day.
The defendants indicted are: Christian Pérez-Rivera, a.k.a. “Alborata/Jefe/Buster/Boss”; Emilio Lamboy-Perdomo; Juan Carlos Colón-Méndez, a.k.a. “Jordan”; Reynaldo Sáez-Rivera, a.k.a. “Reynito”; Sean Magnum Acarón-Ramos, a.k.a. “Magnum”; Jean Carlos Pagán-Valentín, a.k.a. “Manolo”; Zell Benedict Martínez-Ruiz; Milaiza Nichelle Martiz-Cardona, a.k.a. “Mila/Prieta”; David Vélez-Bonet; Ruz Vanessa Vargas-Ramírez; Jaime Sánchez-Bravo, a.k.a. “Jaimito”; Marleen Ruiz-López; Alexis Mercado-García, a.k.a. “Gemelo”; Emmanuel Estrada-Pagán, a.k.a. “Manuel”; Ediel Cima De Villa-Moreau, a.k.a. “Kiko”; Jeanette Rivera-Cordero, a.k.a. “Jeanie”; and Jhosean Humberto Aquaron-Rivera, a.k.a. “Coco”.
“I am grateful for the tireless efforts of the investigators and prosecutors who have dismantled this drug trafficking organization with today’s arrests,” said W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico. “We will continue to investigate these criminal organizations with our law enforcement counterparts, and send a clear message that drugs trafficking will not be tolerated in our neighborhoods.”
DEA Caribbean Division Special Agent in Charge A.J. Collazo stated that “The world pandemic hasn’t stopped drug trafficking; hasn’t stopped all the violence linked to it. Especially during these hard times, we are more committed than ever to work on making our Island a safer place to live, stay healthy and thrive. The execution of our mission has no space to rest, no time to stay home. Criminal organizations may think they know better, but sooner or later, we’ll bring them to justice.”
Assistant U.S. Attorney Marc Chattah is in charge of the prosecution of the case. If convicted the defendants face a minimum sentence of 10 years, and up to life in prison. 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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Wednesday 19 August 2020
دو شهروند ایالات متحده و یک تبعه پاکستان متهم به انتقال دلارامریکا به ایران شدندRead the Press Release
فدرال مربوط به ایران متهم شدند . مزمل زئیدی، ۳۵ ساله، که شهروند ایالات متحده است و در قم، ایران اقامت دارد، به جرم فعالیت در ایالات متحده بعنوان عامل دولت ایران بدون اطلاع رسانی اولیه به دادستان کل ایالات متحده، متهم شد. زئیدی، عاصم نقوی، ۳۵ ساله، که شهروند ایالات متحده است و در هوستون، تگزاس زندگی می کند ، و علی چولا، ۳۶ ساله، که یک تبعه پاکستان است و در قم، ایران زندگی می کند، هرسه متهم به نقض قانون قدرت های اقتصادی در موارد اضطراری بین المللی شده اند. در این شکایت نامه ذکر شده که اساس هر دو جرم، فعالیت متهمان به نمایندگی از طرف رهبر ایران، برای انتقال دلار از ایالات متحده به ایران در سالهای ۱۳۹۷ و ۱۳۹۸، می باشد. زئیدی و نقوی، هردو در روز ۱۸ آگست ۲۰۲۰ در هیوستون دستگیر شدند.
جان سی دمرس، دستیار دادستان کل برای امنیت ملی گفت: "برای مبارزه با توانایی ایران در پشتیبانی ازتروریسم بین المللی و بی ثبات کردن خاورمیانه از طریق داشتن ارتش در یمن، امر مهم بازداشتن آن کشور از جمع آوری دلار آمریکا است. زئیدی، نقوی، و چولا متهمند که به ماموریت از جانب رهبر ایران، پول جمع آوری شده در آمریکا را بطور غیرقانونی از کانالهای مختلف به دولت ایران رسانیده اند. علنی شدن این اتهامات امروز باعث افشاشدن و توقف این طرح غیرقانونی شده است. وزارت دادگستری ایالات متحده و بخش امنیت ملی اش متعهدند که افرادی را که در شبکه های مخفی در ایالات متحده فعالیت دارند تا با نقض قوانین ایالات متحده، پشتیبانی و پول برای کشورهای خارجی متخاصم مثل ایران فراهم کنند، تحت تعقیب قرار دهند."
مایکل آر شروین، دادستان موقت ایالات متحده در دی سی گفت: "این قضیه از چند نظر حائزاهمیت است، از جمله، و بر اساس این شکایت نامه، رابطه عملیاتی قابل ملاحظه متهمان با سپاه پاسداران انقلاب اسلامی ایران است که در طول چند سال گذشته فعالیتهای تروریستی متعددی در سراسر جهان داشته است. برای این گونه عملیات ها پول اهمیت ویژه ای دارد و متهمان نقش مهمی در فراهم کردن این عامل اساسی داشتند."
جیمز ا داسون، دستیار موقت رئیس اف بی آی در دفتر واشنگتن دی سی گفت: " اتهاماتی که امروز علنی شد نشان دهنده تعهد ما به متوقف کردن فعالیت ماموران دولتهای خارجی متخاصم در ایالات متحده و سلب آزادی آنها برای انجام عملیات در اینجا است. علاوه بر نقض قانون ثبت نام ماموران دولتهای خارجی، زئیدی متهم است که با همدستانش از طرف دولت ایران که حامی تروریسم است، به صورت علنی دلار تهیه می کرده که اهداف ایران را به پیش ببرد و این نقض قانون قدرت های اقتصادی در موارد اضطراری بین المللی است. این قانون بخاطر متوقف کردن دولت های خارجی متخاصم در سوء استفاده از سیستم مالی ایالات متحده در راستای هدف بی ثبات کردن جهان، بوجود آمد."
پری ک ترنر، مامور ویژه مسئول در دفتر اف بی آی در هیوستون گفت: "دستگیری های امروزنتیجه مستقیم فعالیتهای بی وقفه گروه تحقیقاتی ضد تروریسم اف بی آی در هیوستون است که با همکاری چند دفتر دیگر اف بی آی و دیگر همکاران در جامعه اطلاعاتی ، جلوی کار کسانی را که برای رژیمهای تروریستی پول فراهم می کنند، می گیرند و آزادیشان را از آنها سلب می کنند."
همانطورکه دراستشهاد نامه مربوط به این اعلامیه قضایی ذکر شده، اتهام زئیدی، تمایل او به همکاری داوطلبانه با رهبر ایران برای خدمت به "جمهوری اسلامی درامور سیاسی- اجتماعی و زمینه های دیگر" در حوالی تیرماه ۱۳۹۴ می باشد. این شکایت نامه میگوید که در حوالی خردادماه ۱۳۹۷ زئیدی به سوریه رفت و با هواپیمای مسلح ارتش یا اطلاعات ایران به یک منطقه فعال جنگی پرواز کرد. این شکایت نامه همچنین می گوید که زئیدی به پایگاههای سپاه پاسداران انقلاب اسلامی ایران در مناطق جنگی دسترسی داشته است. سپاه پاسداران انقلاب اسلامی ایران در تاریخ ۱۵ فروردین ۱۳۹۸ توسط ایالات متحده بعنوان یک سازمان تروریستی شناخته شد. سرلشگر پاسدار قاسم سلیمانی تا ۱۳ دیماه ۱۳۹۸ که در حمله هوایی ایالات متحده کشته شد، فرمانده نیروی قدس بود.
براساس این شکایت نامه، درآذرماه ۱۳۹۷، زئیدی و دیگراعضای سازمان رسانه ای "نبض اسلامی" مثل چولا، از رهبر اعظم ایران اجازه جمع آوری خمس، که یک مالیات دینی است، را گرفتند تا نیمی از آنرا به یمن بفرستند. تاریخ اجازه نامه خرج پول خمس در یمن از جانب رهبر ایران و یک آیت الله دیگر، ۱۱ اسفند ۱۳۹۸ تخمین زده شده است.
دراین شکایت نامه آمده که درحوالی تیرماه ۱۳۹۸، نبض اسلامی ویدیویی برای جمع آوری بخشش ها در ایالات متحده و دیگر ممالک غربی و فرستادنشان به یمن از طریق ایران، پخش کرد. این شکایت نامه ادعا میکند که چولا در جواب نگرانی بخشش کنندگان در مورد چگونگی رساندن این پول به ایران به آنها گفته است که در این باره نمی شود در ایمیل صحبت کرد. این شکایت نامه ادعا میکند که چولا بخصوص دلار آمریکایی درخواست کرده و گفته است که نبض اسلامی قادر به قبول وجوه الکترونیکی نیست چراکه نبض اسلامی یک خیریه ثبت شده نمیباشد.
براساس این شکایت نامه، پس از تحریم رهبر ایران توسط ایالات متحده در خرداد ماه ۱۳۹۸، زئیدی به نقوی گفت که این تحریم "ضربه مستقیمی به خمس" است. در ادامه این شکایت نامه آمده است که در تابستان و پائیز ۱۳۹۸، زئیدی و نقوی همچنان به جمع آوری دلار در آمریکا و فرستادنش به ایران گاهی از طریق عراق، برای عدم نیاز به اعلام مبلغ دلار، مشغول بودند. پس ازاینکه یک گروه مسافری ۲۵ نفره که در مهرماه ۱۳۹۸ برای زئیدی و نقوی پول به ایران می بردند، در فرودگاه بازرسی شدند، زئیدی و نقوی در این باره صحبت کردند و نقوی امیدوار بود که هیچکدام از مسافران در هنگام بازگشت مبلغ همراهشان را به مسئولان لو ندهند.
این شکایت نامه می گوید که زئیدی در طول اقامت اخیرش در خردادماه ۱۳۹۹ در ایالات متحده، از خود رفتاری نشان داده که گویای این است که از یک دولت خارجی یا نیروی امنیتی خارجی مانند دولت ایران یا سپاه پاسداران انقلاب اسلامی ایران، تعلیم گرفته است. براساس این شکایت نامه، آن رفتارشامل اکراه داشتن برای صحبت کردن در مورد مطالب مهم پای تلفن یا حتی هرگونه برنامه کاربردی رمزنگاری شده، میباشد چون زئیدی می گوید که اینکار میتواند خطرناک باشد.
جرائم ذکرشده دراین شکایت نامه در حد ادعا هستند، و هر متهمی بیگناه فرض شده تا زمانی که گناهکاری اش بدون هیچ شک معقولی ثابت گردد. حداکثر مجازات نقض بخش ۹۵۱ از عنوان ۱۸ قانون قضایی ایالات متحده ده سال، و حداکثر مجازات نقض قانون قدرت های اقتصادی در موارد اضطراری بین المللی بیست سال است. برطبق قانون، حداکثر مجازات را کنگره تائین می کند و ذکرش دراینجا تنها برای اطلاع آمده است.
این تحقیقات توسط دفاتر اف بی آی در واشنگتن دی سی و هیوستون انجام گرفته است. دایره امنیت ملی دفتردادستانی ایالات متحده در واشنگتن دی سی مسئولیت این تعقیب قانونی را به همراه دوایر ضد جاسوسی، کنترل صادرات، و ضد تروریستی بخش امنیت ملی وزارت دادگستری، بعهده دارد.
Yemeni Man Indicted on Charges of Lying to Joint Terrorism Task Force About Supporting Anti-American and Anti-Semitic Armed InsurgencyRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Gaafar Muhammed Ebrahim Al-Wazer, 25, of Altoona, PA, was charged by Indictment with three counts of making false statements to Task Force Officers with the Federal Bureau of Investigation’s Philadelphia Joint Terrorism Task Force. The defendant was previously arrested at his home in Altoona on November 7, 2019, pursuant to a Criminal Complaint, and has been detained since then, following a finding by U.S. Magistrate Judge Marilyn Heffley that he presented a risk of flight and danger to the community.
According to the Indictment and Criminal Complaint, FBI counterterrorism investigators questioned Al-Wazer, a Yemeni citizen, on May 17, 2016 about his affiliation with the Houthi movement, known formally as Ansar Allah. Ansar Allah is the armed rebel group that toppled Yemen’s government and has fought in an ongoing civil war there for years. Al-Wazer allegedly denied to the FBI that he was aligned with the Houthi movement, whose motto is “Allah is the greatest of all, Death to America, Death to Israel, Curse upon the Jews, Victory to Islam,” and further denied that he had ever fired a weapon or participated in military or militia training.
To the contrary, however, the court documents allege that a search of Al-Wazer’s Facebook account revealed numerous postings and photographs in which he extolled and praised Ansar Allah, its objectives and its fighters who were killed in battle against the Yemeni government and its Saudi and U.S.-backed forces. In these postings, Al-Wazer was armed with automatic weapons (including a rocket-propelled grenade launcher). Al-Wazer’s Facebook account allegedly included a posting of a photograph of him and others bearing automatic assault rifles and pledging that they would stay on the path of jihad and wishing death to the United States and Israel and victory to Islam. In another posting, Al-Wazer again bears a machine gun in a photograph, which is accompanied by a pledge to Ansar Allah to the death.
“Just as when Al-Wazer was arrested and detained in November 2019, today’s Indictment demonstrates that lying to counter-terrorism officers in the course of their official duties is a crime,” said U.S. Attorney McSwain. “Al-Wazer was welcomed into our country for the educational opportunities available here, and he is entitled to hold and express his political and religious beliefs as freely as anyone else in this country -- no matter how vile and disgusting they are. But what he cannot do is lie to federal officers when directly questioned about his activities and beliefs. I want to thank our partners in the FBI’s Joint Terrorism Task Force for their continued vigilance in this case.”
“People have the right to their own beliefs — the FBI isn’t the ‘thought police,’ nor do we want to be,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “But lying to federal agents about your ideology and your actions is illegal, for good reason. If the people we interview feel they can deceive us with impunity, false information will hobble vital investigations. We can’t allow the mission of our Joint Terrorism Task Force to be derailed like that. The stakes are just too high.”
"Let the indictment of Al-Wazer serve as an example that lying to federal officers is a federal offense, and those who do so will be held accountable to the fullest extent of the law," said Brian A. Michael, Special Agent in Charge of Homeland Security Investigations (HSI) Philadelphia. “HSI and our law enforcement partners are committed to pursue justice against those who seek to harm our country and our citizens.”
If convicted, the defendant faces a maximum possible sentence of five years’ imprisonment, three years of supervised release, a $250,000 fine, a $100 special assessment, per count.
The case was investigated by the Federal Bureau of Investigation’s Philadelphia Joint Terrorism Task Force, and is being prosecuted by Assistant United States Attorney Nelson S.T. Thayer, Jr.
An indictment, information or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Woman Pleads Guilty to Bank RobberyRead the Press Release
NEW ORLEANS, LOUISIANA – CATHOLINE HAMMETT, age 29, a resident of New Orleans, pled guilty to bank robbery before the Honorable Lance Africk, announced U.S. Attorney Peter G. Strasser. HAMMETT faces maximum penalties of 20 years imprisonment, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Sentencing is currently scheduled for December 2, 2020 at 2:00 p.m.
According to the indictment, on or about January 8, 2020, HAMMETT entered the Iberia Bank located at 3412 St. Charles, Ave in New Orleans. She handed the teller a note that claimed HAMMETT had a bomb, and demanded money. HAMMETT obtained approximately $633 and left the bank.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Assistant U. S. Attorney G. Dall Kammer, Supervisor of the General Crimes Unit.
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Wisconsin Man Sentenced for Lacey Act Violations Stemming from Nebraska HuntsRead the Press Release
United States Attorney Joe Kelly announced that Duane S. Mulvaine, age 40, of Fox Lake, Wisconsin, was sentenced today in federal court in Omaha, Nebraska, by United States Magistrate Judge Michael D. Nelson for violating the Lacey Act. The Lacey Act prohibits the trafficking in interstate commerce "tainted" (i.e., taken in violation of a law or regulation) wildlife, fish, or indigenous plants. Mulvaine was convicted of six misdemeanor counts of the illegal taking of wildlife in interstate commerce and sentenced to five years’ probation on each count to be served concurrent. Magistrate Judge Nelson ordered Mulvaine to pay $50,000 in restitution and a $45,000 fine. As part of his probation terms, Mulvaine shall not hunt, guide, outfit or otherwise engage in any activities associated with the hunting, guiding, or outfitting business.
Mulvaine also forfeited four scoped rifles, three suppressors, a compound bow, and a crossbow utilized in numerous unlawful hunts conducted by Mulvaine and Hidden Hills Outfitters, a commercial big game guiding and outfitting business located near Broken Bow, Nebraska. Mulvaine also surrendered and abandoned 13 wildlife trophy mounts including three white-tailed deer, five mule deer, three pronghorn, a wild turkey, and a badger unlawfully taken at Hidden Hills Outfitters.
A joint investigation conducted by the United States Fish and Wildlife Service, Office of Law Enforcement and the Nebraska Game and Parks Commission, Law Enforcement Division determined that between 2012 and 2017, Mulvaine traveled to Hidden Hills Outfitters to conduct guided hunts for white-tailed deer, mule deer, pronghorn, and wild turkey. The investigation determined that during a number of these hunts, Mulvaine engaged in hunting activities which included hunting over bait, hunting from a public roadway, night, or without a permit, and hunting with prohibited weapons, all of which are in violation of Nebraska State law or regulation.
The investigation determined that Mulvaine was associated with at least six specific illegal hunts. During August, 2015, and September, 2016, Mulvaine unlawfully killed two pronghorn in Custer and Keith counties with a suppressed .17 caliber and .223 caliber rifle during the archery season. Nebraska law prohibits the possession or use of firearms to take deer or pronghorn under the authority of an archery permit. During the November, 2015, firearm deer season, Mulvaine unlawfully killed a 6 X 5 mule deer in Blaine County without a valid permit and while using a rifle borrowed from a Hidden Hills Outfitters client. In September, 2016, during the archery deer season, Mulvaine unlawfully killed a 6 X 6 mule deer with a suppressed Howa .223 caliber rifle while seated in a vehicle parked upon a roadway in Custer County and contrary to Nebraska law. Again in December, 2016, during the muzzleloader deer season, Mulvaine unlawfully killed a 5 X 5 white-tailed deer with a suppressed .308 caliber DPMS AR-style rifle while seated in a vehicle parked upon a roadway in Sherman County, and with the aid of a high-powered spotlight at approximately 3:45 A.M. Then in October, 2017, Mulvaine killed a 6 X 6 white-tailed deer with a crossbow in Blaine County. Mulvaine knowingly positioned himself in a vehicle located approximately 50 yards from a Hidden Hills Outfitters bait site, and shot the deer standing not more than 15 yards from the bait site. Nebraska law prohibits establishing baited areas for the purpose of hunting or taking big game or turkeys, and prohibits hunting or taking deer or turkeys within a baited area, defined as within 200 yards of any location where bait is placed for the purpose of hunting or that may serve as an attractant for big game or turkeys. During each of these hunts, Mulvaine was accompanied or assisted by a Hidden Hills Outfitters owner or guide. Mulvaine subsequently transported the unlawfully-taken wildlife in interstate commerce back to his Wisconsin residence or taxidermist.
Mulvaine provided Hidden Hills Outfitters various vehicles sourced from his Wisconsin car dealership for use in the unlawful hunting operation, valued at approximately $10,000 annually, in exchange for the hunting and guiding services. Mulvaine participated in the establishment of a “Gun Trust” and providing Hidden Hills Outfitters owners and guides various suppressed firearms, knowing they were routinely used for the unlawful take of wildlife and protected migratory birds, specifically hawks or other raptors, by Hidden Hills owners, guides, and clients.
Mulvaine assisted Hidden Hills Outfitters routinely and systematically establish and maintain bait sites located in close proximity and generally within direct view, of Hidden Hills Outfitters client hunting locations. Mulvaine and Hidden Hills Outfitters utilized locally sourced bait products named “PrimeTine” and “Hard Rack Candy” at the bait sites and placed electronic game cameras over-watching the bait sites in order to identify and locate target deer, position the target deer at close range to the client, and improve the odds of hunting clients successfully killing their target deer.
The sentencing hearing today is part of the ongoing prosecution of numerous defendants related to violations committed by owners, guides, and clients of Hidden Hills Outfitters. To date, 29 defendants have pleaded guilty and have been sentenced and ordered to pay a total of $343,048 in fines and restitution for underlying violations related to deer taken within baited areas; deer, pronghorn, and wild turkeys taken with weapons or firearms prohibited during their respective hunting seasons; deer taken during closed season hours, from the road, or without a valid permit; and mule deer taken within the Mule Deer Conservation Area.
The operation was a joint investigation conducted by the United States Fish and Wildlife Service, Office of Law Enforcement and the Nebraska Game and Parks Commission, Law Enforcement Division.
Wisconsin Man Pleads Guilty to Sexual Exploitation of a ChildRead the Press Release
A man who sexually exploited a child pled guilty today in federal court in Cedar Rapids.
Caleb Durr, age 19, from Hazel Green, Wisconsin, was convicted of one count of sexual exploitation of a child. Testimony from the plea hearing and an earlier detention hearing established that, in 2019, Durr used an iPhone to produce sexually explicit images of an eight-year-old girl in Dubuque.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Durr remains in custody of the United States Marshal pending sentencing. Durr faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 30 years’ imprisonment, a $250,000 fine, $55,100 in special assessments, and supervised release for 5 years to life following any imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque Police Department, the Waterloo Police Department, and the Iowa Division of Criminal Investigation.
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.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 20-1010.
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Wheelers Indicted for Conspiracy to Obstruct JusticeRead the Press Release
CHARLESTON, W.Va. – A federal grand jury has returned an indictment charging Julie Wheeler, 44, and her husband Rodney Wheeler, 48, both of Beaver, with conspiracy to obstruct justice, according to United States Attorney Mike Stuart.
The indictment alleges that while awaiting sentencing for a federal health care fraud conviction, Julie Wheeler conspired with her husband Rodney Wheeler and others known to the Grand Jury to obstruct justice by falsely reporting her fall from Grandview Park overlook, part of the New River Gorge National River. According to the indictment, on or about May 31, 2020, Rodney and a known person falsely reported her fall to the National Park Service, prompting an emergency 911 call. A massive search and rescue operation ensued. Rescue personnel found a shoe and cell phone that belonged to Julie Wheeler at the base of the overlook. To further the conspiracy, the indictment alleges that Rodney Wheeler and a known person also gave false statements to federal, state and local law enforcement officials concerning Julie Wheeler’s disappearance. According to the indictment, Rodney Wheeler addressed the incident on his Facebook page on or about June 1, 2020, expressing “hope that she will be found,” to further mislead the public and law enforcement authorities into believing Julie Wheeler had fallen and remained missing. On June 2, 2020, members of the West Virginia State Police executed a state search warrant at the Wheelers’ home and found Julie Wheeler hiding in her closet.
“Lies and deception. The indictment alleges that Julie Wheeler knowingly conspired with her husband, Rodney, to falsely report her fall from the New River Gorge National River,” said United States Attorney Mike Stuart. “Wheeler was already convicted of federal health care fraud for a most heinous crime of fraudulently obtaining nearly $300,000 from the VA’s spina bifida fund. Instead of accepting responsibility and being accountable for her horrendous conduct, she and her husband concocted a really bad scheme and, in the process, risked the lives of first responders and the critical resources of taxpayers. It is unconscionable conduct by any measure. I want to commend Law Enforcement Specialist Stan Wilson with the National Park Service and Trooper First Class C. A. Dunn of the West Virginia State Police for their excellent work in this case.”
After being found, Julie Wheeler was sentenced on June 30, 2020, to 42 months in prison and three years of supervised release for health care fraud. She was further ordered to pay restitution in the amount of $289,055.07. She pled guilty to the health care fraud charge on February 11, 2020, and admitted submitting fraudulent applications to the VA Spina Bifida Health Care Benefits Program where she overbilled for providing spina bifida care for a family member, K.L., in the amount of $289,055.07.
The Wheelers are charged for numerous felony and misdemeanor offenses in state court relating to the false reporting of an emergency. Raleigh County Prosecuting Attorney Kristen Keller has provided invaluable assistance throughout the federal investigation.
The National Park Service and the West Virginia State Police conducted the investigation. The Federal Bureau of Investigation (FBI) and the Veterans Affairs - Office of Inspector General (VA-OIG), the Office of Veterans Affairs (VA), and the United States Department of Health and Human Services - Office of Inspector General (HHS-OIG) conducted the investigation of the underlying fraud. Assistant United States Attorney Erik S. Goes is handling the prosecution.
Please note: An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:20-cr-145-1 (obstruction) and 2:19-cr-135 (health care fraud).
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West Virginia physician indicted for illegally distributing drugsRead the Press Release
CLARKSBURG, WEST VIRGINIA – Dr. Felix Brizuela, Jr., a Pennsylvania physician operating offices in West Virginia, was indicted by a grand jury today on charges of illegally distributing controlled substances, U.S. Attorney Bill Powell announced.
Brizuela, age 59, of Harrison City, Pennsylvania, was indicted on one count of “Conspiracy to Distribute Controlled Substances Outside the Bounds of Professional Medical Practice” and six counts of “Aiding and Abetting the Distribution of Controlled Substances Outside the Bounds of Professional Medical Practice.”
Brizuela is accused of conspiring with three others not charged in this indictment to illegally distribute controlled substances from a drug treatment center, Advance Healthcare, Inc., in Weirton, West Virginia from 2009 to 2016.
Brizuela faces up to 10 years incarceration and a fine of up to $250,000 for each of the charges. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
Assistant U.S. Attorneys Sarah E. Wagner and Robert H. McWilliams, Jr. are prosecuting the case on behalf of the government. The Drug Enforcement Administration, the Federal Bureau of Investigation, the Office of Inspector General at the U.S. Department of Health and Human Services, WV Offices of the Insurance Commissioner Fraud Division, WV Medicaid Fraud Control Unit, Office of Ohio Attorney General Health Care Fraud, Ohio Bureau of Workers’ Compensation, the Hancock-Brook-Weirton Drug Task Force, a HIDTA-funded initiative, the Greater Harrison County Drug Task Force, a HIDTA-funded initiative, West Virginia State Police, the Hancock County Sheriff’s Office, and the Weirton Police Department investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.Upshur County man indicted on methamphetamine and firearms chargesRead the Press Release
ELKINS, WEST VIRGINIA – Rodney Allen Rowan, of Buckhannon, West Virginia, was indicted today on methamphetamine and firearms charges, U.S. Attorney Bill Powell announced.
Rowan, 25, was indicted on one count of “Possession with Intent to Distribute at Least 50 Grams of Methamphetamine” and one count of “Unlawful Possession of a Firearm.” Rowan is accused of having more than 50 grams of methamphetamine in November 2019 in Upshur County. Rowan, who is prohibited from having a firearm because of a prior offense, is accused of having a .380 caliber pistol in November 2019 in Upshur County.
Rowan faces at least 10 years and up to life incarceration and a fine of up to $10 million the methamphetamine charge. He faces up to 10 years of incarceration and a fine of up to $250,000 for the firearms charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, West Virginia State Police, and the Upshur County Sheriff’s Office investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Union County Man Indicted on Public Corruption ChargesRead the Press Release
NEWARK, N.J. – A Union County, New Jersey, man has been indicted on charges of making corrupt payments to a public official, wire fraud, and using a facility in interstate commerce to facilitate bribery, U.S. Attorney Craig Carpenito announced today.
Jeanmarie Zahore, 56, of Rahway, New Jersey, is charged in an indictment unsealed today with one count of making corrupt payments to an agent of a local government receiving federal funds, two counts of wire fraud, and one count of violating the Travel Act to carry on bribery. Zahore made his initial appearance before U.S. Magistrate Judge Cathy L. Waldor and was released on $100,000 unsecured bond. No date has been scheduled for Zahore’s arraignment.
According to the indictment:
Zahore was the sole owner of JZ Nettech, a computer consulting business that he operated out of his residence. On Sept.15, 2015, the City Council of Orange Township, New Jersey, passed a resolution awarding JZ Nettech, without competitive bidding, a $350,000 emergency contract to install a computer networking system at a municipal complex that housed the Orange Municipal Court and the Orange Police Department (the “Municipal Complex Project”).
From August 2015 through at least Nov. 23, 2015, Zahore engaged in a scheme to offer and give corrupt cash payments to an unnamed Orange public official (“Individual 1”) to influence and reward Individual 1 for using Individual 1’s influence to arrange for Orange to award JZ Nettech the emergency contract and to facilitate payments from Orange to JZ Nettech.
After communications between Zahore and Individual 1, at a meeting at the Municipal Complex on Sept. 14, 2015, Individual 1 advised a senior official of the Orange Municipal Court (the “Court Official”) and a senior official of the Orange Police Department (the “Police Department Official”) that: (a) there was an urgent need to address a potential security vulnerability in the Municipal Complex’s computer network, and (b) JZ Nettech had been selected as the vendor to fix the problem. Individual 1 caused Orange to issue a Certification of Funds, certifying that $350,000 was available for the Municipal Complex Project and identifying the vendor as JZ Nettech.
On Sept. 15, 2015, Individual 1 spoke before the Orange City Council in support of allocating emergency funds for the Municipal Complex Project and awarding the Municipal Complex Project to JZ Nettech. At the meeting, during which Orange City Council members raised questions about the selection of JZ Nettech as the vendor for the Municipal Complex Project, Individual 1 did not disclose that Individual 1 had engaged in communications with Zahore since at least Aug. 31, 2015.
On Sept. 16, 2015, the day after the Orange City Council approved the $350,000 contract, Individual 1 approved the issuance of a blanket purchase order authorizing Orange to pay JZ Nettech $350,000 in connection with the Municipal Complex Project.
On Sept. 17, 2015, after Zahore and Individual 1 text-messaged about Zahore’s invoice to Orange and meeting with each other, Zahore sent an email to Orange Employee 1, attached to which was a JZ Nettech “invoice related to the 1st stage of the project” seeking a payment of $115,000. On the same date, Zahore sent a text message to Individual 1, stating, “I sent [the JZ Nettech invoice for $115,000] to [Orange Employee 1]. Do you want a copy sent to u?”
On Sept. 18, 2015, Zahore sent an email to Orange Employee 1, attached to which was a revised JZ Nettech invoice, still seeking a payment of $115,000, but now indicating that $34,460 of the $115,000 was for the “Purchase of wiring for buildings.” On the same date, at Individual 1’s direction, the Police Department Official signed and approved a purchase order for the payment of $115,000 to JZ Nettech for the “PURCH[ASE] OF WIRING/CABLE/SUPPLIES” for the Municipal Complex Project. Typically, vendors are not pre-paid by Orange to purchase supplies for a project.
From Sept. 18, 2015, to Nov. 10, 2015, Zahore received and deposited three Orange checks totaling $350,000 in connection with the Municipal Complex Project into a bank account for him and JZ Nettech.
On Nov. 20, 2015, and Nov. 23, 2015, Zahore withdrew a total of approximately $50,000 in cash from this bank account, which was obtained, in substantial part, from the funds paid by Orange. On each of those same dates, Zahore gave, and Individual 1 accepted, approximately $10,000 in cash, which was intended to influence and reward Individual 1 for Individual 1’s assistance in connection with the Municipal Complex Project. Zahore characterized those two cash payments to Individual 1 totaling approximately $20,000 in a spreadsheet that Zahore maintained of expenses related to the Municipal Complex Project as follows:
11/20/2015
Gift: [Initials of Individual 1]
$10,000.00
11/23/2015
Gift: [Initials of Individual 1]
$10,000.00
Each of the following charges carries the following maximum potential penalties:
The count of making corrupt payments to an agent of a local government receiving federal funds is punishable by a maximum of 10 years in prison; the count of wire fraud is punishable by a maximum of 20 years in prison; and the count of use of an interstate facility to facilitate bribery is punishable by a maximum of five years in prison. Each count also carries a potential fine of $250,000.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Acting Special Agent in Charge Joe Denahan in Newark; special agents of the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi; and special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorneys Cari Fais and J Fortier Imbert of the U.S. Attorney’s Office’s Special Prosecutions Division.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
U.S. Attorney John Lausch and Attorney General William P. Barr Provide Update on Operation LegendRead the Press Release
CHICAGO — John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, today joined Attorney General William P. Barr to announce an update on Operation Legend.
Operation Legend is a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. As part of the initiative, the Department of Justice allocated additional investigators and resources to the FBI, DEA, ATF, and U.S. Marshals Service, and the Department of Homeland Security’s Homeland Security Investigations committed additional agents.
Since the operation’s launch in Chicago on July 22, 2020, 61 defendants have been charged in 49 cases alleging federal felony offenses relating to violent crime affecting the city of Chicago. Those cases include more than 30 defendants facing a lead firearms-related charge, and more than 25 defendants facing a lead drug trafficking charge. During Operation Legend, the U.S. Attorney’s Office and its federal partners have worked closely with state and local law enforcement, including the Chicago Police Department, Cook County Sheriff’s Office, and Illinois State Police.
“The substantial resources under Operation Legend have assisted our office in prosecuting firearm and drug trafficking offenses, which drive the unacceptable level of violent crime in Chicago,” said U.S. Attorney Lausch. “We will continue to use these additional resources to investigate and prosecute trigger-pullers, drug traffickers, carjackers, and those who illegally traffic, use, and possess firearms. Every reasonable strategy to combat violent crime must emphasize the rule of law and holding offenders accountable for the crimes they commit – these are necessary actions designed to ensure public safety.”
The federal cases brought in Chicago with the assistance of Operation Legend include:
- A convicted felon who was charged with illegally possessing ammunition that had been loaded in a personally-manufactured firearm, also known as a “ghost gun.” The gun allegedly discharged when Chicago Police officers pursued the defendant and arrested him.
- An individual charged with a firearm offense after allegedly driving from Chicago to Indiana, purchasing seven firearms, and transporting the guns back to Chicago with the intent to sell them.
- A convicted felon was charged with illegal possession of a firearm and using a firearm in furtherance of a drug trafficking crime after ATF agents found him in a hotel room in downtown Chicago with a personally-manufactured gun, ammunition, 17.5 kilograms of marijuana, and $1,400 in cash.
- A Chicago resident was charged with illegally possessing a machinegun. The semiautomatic handgun was equipped with an auto-sear device, also known as a “switch,” that made it capable of automatically shooting more than one shot without manually reloading.
- A Chicago man was charged with dealing firearms without a license for allegedly selling three guns, including a rifle, to a confidential source who was cooperating with law enforcement.
Several of the cases involving felons in possession of firearms were charged directly in federal court after ATF agents worked side-by-side with the Chicago Police Department in neighborhoods of the city that have suffered through the highest number of shootings and homicides. In other firearm investigations, the U.S. Attorney’s Office has worked with the Cook County State’s Attorney’s Office to determine the best forum in which to bring a prosecution.
U.S. Attorney Lausch and the Attorney General provided the Operation Legend update at a news conference in Kansas City, Mo. – where the operation was originally launched on July 8, 2020. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City. In addition to Kansas City and Chicago, Operation Legend has expanded to Albuquerque, Cleveland, Detroit, Milwaukee, St. Louis, Memphis, and Indianapolis.
In all of the operation’s cities thus far, there have been more than 1,000 arrests, including defendants who have been charged in state and local courts. Of those arrests, approximately 217 defendants have been charged with federal crimes. In addition, nearly 400 firearms have been seized by ATF. These numbers do not include Indianapolis, whose operation was announced on Friday.
Two U.S. Citizens, One Pakistani National Charged with Moving U.S. Currency to IranRead the Press Release
WASHINGTON – A complaint was unsealed today, charging two U.S. citizens with federal crimes related to Iran. Muzzamil Zaidi, 35, a U.S. citizen who resides in Qom, Iran, was charged with acting in the United States as an agent of the government of Iran without first notifying the Attorney General. Zaidi, Asim Naqvi, 35, a U.S. citizen who lives in Houston, Texas, and Ali Chawla, 36, a Pakistani national who lives in Qom, Iran, were all charged with violations of the International Emergency Economic Powers Act. The complaint alleges that both charges stem from the defendants’ campaign to transport U.S. currency from the United States to Iran on behalf of the Supreme Leader of Iran in 2018 and 2019. Both Zaidi and Naqvi were arrested in Houston on August 18, 2020.
“Disrupting Iran’s ability to raise U.S. dollars is key to combatting its ability to sponsor international terrorism and destabilize the Middle East, including through its military presence in Yemen,” said Assistant Attorney General for National Security John C. Demers. “Zaidi, Naqvi, and Chawla allegedly raised money in the United States on behalf of Iran’s Supreme Leader, and illegally channeled these dollars to the government of Iran. As a result of the charges unsealed today, their unlawful scheme has been exposed and brought to an end. The U.S. Department of Justice and its National Security Division are committed to holding accountable individuals who operate covert networks within the United States in order to provide support and funds to hostile foreign governments like Iran in violation of U.S. law.”
“This case is significant on many levels,” said Michael R. Sherwin, Acting United States Attorney for the District of Columbia. “To begin, as alleged in the criminal complaint, the defendants have considerable operational links to the IRGC, which has conducted multiple terrorist operations throughout the world over the past several years. The life-blood of these terrorist operation is cash – and the defendants played a key role in facilitating that critical component.”
“The charges unsealed today demonstrate our commitment to preventing agents of hostile foreign governments from having access and freedom to operate within the borders of the United States,” said James A. Dawson, Acting Assistant Director in Charge of the FBI’s Washington Field Office. “In addition to violating the Foreign Agents Registration Act, Zaidi allegedly operated with his co-conspirators at the behest of the Iranian government—a known sponsor of terrorism—to overtly solicit U.S. money to further Iranian causes, in violation of the International Emergency Economic Powers Act (IEEPA). This is why IEEPA was established: to prevent hostile foreign governments from leveraging the U.S. financial system in furtherance of their global destabilizing endeavors.”
"The arrests in this case are the direct result of the undeterred efforts of the FBI Houston Counterterrorism investigative team," said FBI Houston Field Office Special Agent in Charge, Perrye K. Turner. "By engaging in around the clock collaboration with multiple Field Offices and Intelligence Community partners, our agents ensure that those who send money to terrorist regimes will ultimately be held accountable and lose their freedom."
As alleged in the affidavit in support of a criminal complaint, Zaidi offered his services to the Supreme Leader of Iran in or around July 2015 and said that he could serve the “Islamic Republic in the socio-political or another field.” The complaint alleges that Zaidi traveled to Syria in or around June 2018 and that, while there, flew to an active war zone in an armed Iranian military or intelligence aircraft. The complaint alleges that Zaidi had access to bases under the command of the Iran’s Islamic Revolutionary Guards Corps (IRGC) while in that war zone, including a “Sepah Qods” (IRGC Qods Force) base. The IRGC was designated as a terrorist organization by the U.S. on April 4, 2019. Qassem Soleimani, a major general in the IRGC, was commander of the Qods Force until he was killed in a U.S. airstrike on Jan. 3, 2020.
According to the complaint, in December 2018, Zaidi and other members of an organization known as “Islamic Pulse,” including Chawla, received the permission of the Supreme Leader of Iran to collect khums, a religious tax, on the Supreme Leader’s behalf, and to send half of that money to Yemen. The complaint alleges that permission was formalized on or about Feb. 28, 2019, in a letter confirming the permission of the Supreme Leader of Iran and another Ayatollah to spend khums money in Yemen.
Based on the complaint, in or around July 2019, Islamic Pulse released a video soliciting donations for its purported Yemen campaign that showed money moving from the United States and other Western countries to Yemen through Iran. The complaint alleges that Chawla replied to donors’ concerns about how the campaign was able to get money into Yemen by stating that the matter could not be discussed over email. The complaint further alleges that Chawla sought U.S. dollars specifically, stated that Islamic Pulse could not accept electronic transfers, and admitted that Islamic Pulse was not a registered charity.
The complaint alleges that after the United States placed sanctions on the Supreme Leader of Iran in June 2019, Zaidi told Naqvi that the action was a “straight hit on khums.” The complaint alleges that in summer and fall 2019 Zaidi and Naqvi continued to collect U.S. currency in the United States and have it transported to Iran, sometimes via Iraq, structured in such a way as to avoid reporting requirements. After a group of 25 travelers carried money destined for Iran on behalf of Zaidi and Naqvi in October 2019, Zaidi and Naqvi discussed the screening the travelers underwent at the airport and Naqvi’s hope that none of the travelers would confess to authorities upon their return.
The complaint alleges that, during his current stay in the United States, which began in June 2020, Zaidi has exhibited behavior that is consistent with having received training from a foreign government or foreign intelligence service, such as the government of Iran or IRGC. According to the complaint, that behavior includes a reluctance to discuss matters over the phone, or even over encrypted applications, because Zaidi claims that doing so could be dangerous.
The charges in criminal complaints are merely allegations, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. The maximum penalty for a violation of 18 U.S.C. § 951 is 10 years, and the maximum penalty for a violation of the International Emergency Economic Powers Act is 20 years. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes.
The investigation into this matter was conducted by the FBI’s Washington Field Office and Houston Field Office. The case is being prosecuted by the National Security Section of the U.S. Attorney’s Office for the District of Columbia, along with the Counterintelligence and Export Control Section and Counterterrorism Section of the National Security Division of the Department of Justice.
Two U.S. Citizens, One Pakistani National Charged with Moving U.S. Currency to IranRead the Press Release
A complaint was unsealed today, charging two U.S. citizens with federal crimes related to Iran. Muzzamil Zaidi, 36, a U.S. citizen who resides in Qom, Iran, was charged with acting in the United States as an agent of the government of Iran without first notifying the Attorney General. Zaidi, Asim Naqvi, 36, a U.S. citizen who lives in Houston, Texas, and Ali Chawla, 36, a Pakistani national who lives in Qom, Iran, were all charged with violations of the International Emergency Economic Powers Act. The complaint alleges that both charges stem from the defendants’ campaign to transport U.S. currency from the United States to Iran on behalf of the Supreme Leader of Iran in 2018 and 2019. Both Zaidi and Naqvi were arrested in Houston yesterday, Aug. 18, 2020.
“Disrupting Iran’s ability to raise U.S. dollars is key to combating its ability to sponsor international terrorism and destabilize the Middle East, including through its military presence in Yemen,” said Assistant Attorney General for National Security John C. Demers. “Zaidi, Naqvi, and Chawla allegedly raised money in the United States on behalf of Iran’s Supreme Leader, and illegally channeled these dollars to the government of Iran. As a result of today’s charges, their unlawful scheme has been exposed and brought to an end. The U.S. Department of Justice and its National Security Division are committed to holding accountable individuals who operate covert networks within the United States in order to provide support and funds to hostile foreign governments like Iran in violation of U.S. law.”
“This case is significant on many levels,” said Michael R. Sherwin, Acting United States Attorney for the District of Columbia. “To begin, as alleged in the criminal complaint, the defendants have considerable operational links to the IRGC, which has conducted multiple terrorist operations throughout the world over the past several years. The life-blood of these terrorist operations is cash – and the defendants played a key role in facilitating that critical component.”
“Today’s charges demonstrate our commitment to preventing agents of hostile foreign governments from having access and freedom to operate within the borders of the United States,” said James A. Dawson, acting Assistant Director in Charge of the FBI’s Washington Field Office. “In addition to being charged with acting as an illegal agent of Iran, Zaidi allegedly operated with his co-conspirators at the behest of the Iranian government — a known sponsor of terrorism — to overtly solicit U.S. money to further Iranian causes, in violation of the International Emergency Economic Powers Act (IEEPA). This is why IEEPA was established: to prevent hostile foreign governments from leveraging the U.S. financial system in furtherance of their global destabilizing endeavors.”
“The arrests today are the direct result of the undeterred efforts of the FBI Houston Counterterrorism investigative team,” said FBI Houston Field Office Special Agent in Charge, Perrye K. Turner. “By engaging in around the clock collaboration with multiple Field Offices and Intelligence Community partners, our agents ensure that those who send money to terrorist regimes will ultimately be held accountable and lose their freedom.”
As alleged in the affidavit in support of a criminal complaint, Zaidi offered his services to the Supreme Leader of Iran in or around July 2015 and said that he could serve the “Islamic Republic in the socio-political or another field.” The complaint alleges that Zaidi traveled to Syria in or around June 2018 and that, while there, flew to an active war zone in an armed Iranian military or intelligence aircraft. The complaint alleges that Zaidi had access to bases under the command of Iran’s Islamic Revolutionary Guard Corps (IRGC) while in that war zone, including a “Sepah Qods” (IRGC Qods Force) base. The IRGC was designated as a terrorist organization by the U.S on April 4, 2019. Qassem Soleimani, a major general in the IRGC, was commander of the Qods Force until he was killed in a U.S. airstrike on Jan. 3, 2020.
According to the complaint, in December 2018, Zaidi and other members of an organization known as “Islamic Pulse,” including Chawla, received the permission of the Supreme Leader of Iran to collect khums, a religious tax, on the Supreme Leader’s behalf, and to send half of that money to Yemen. The complaint alleges that permission was formalized on or about Feb. 28, 2019, in a letter confirming the permission of the Supreme Leader of Iran and another Ayatollah to spend khums money in Yemen.
Based on the complaint, in or around July 2019, Islamic Pulse released a video soliciting donations for its purported Yemen campaign that showed money moving from the United States and other Western countries to Yemen through Iran. The complaint alleges that Chawla replied to donors’ concerns about how the campaign was able to get money into Yemen by stating that the matter could not be discussed over email. The complaint further alleges that Chawla sought U.S. dollars specifically, stated that Islamic Pulse could not accept electronic transfers, and admitted that Islamic Pulse was not a registered charity.
The complaint alleges that after the United States placed sanctions on the Supreme Leader of Iran in June 2019, Zaidi told Naqvi that the action was a “straight hit on khums.” The complaint alleges that in summer and fall 2019 Zaidi and Naqvi continued to collect U.S. currency in the United States and have it transported it to Iran, sometimes via Iraq, structured in such a way as to avoid reporting requirements. After a group of 25 travelers carried money destined for Iran on behalf of Zaidi and Naqvi in October 2019, Zaidi and Naqvi discussed the screening the travelers underwent at the airport and Naqvi’s hope that none of the travelers would confess to authorities upon their return.
The complaint alleges that, during his current stay in the United States, which began in June 2020, Zaidi has exhibited behavior that is consistent with having received training from a foreign government or foreign intelligence service, such as the government of Iran or IRGC. According to the complaint, that behavior includes a reluctance to discuss matters over the phone, or even over encrypted applications, because Zaidi claims that doing so could be dangerous.
The charges in criminal complaints are merely allegations, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. The maximum penalty for a violation of 18 U.S.C. § 951 is 10 years, and the maximum penalty for a violation of the International Emergency Economic Powers Act is 20 years. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes.
The investigation into this matter was conducted by the FBI’s Washington Field Office and Houston Field Office. The case is being prosecuted by the National Security Section of the U.S. Attorney’s Office for the District of Columbia, along with the Counterintelligence and Export Control Section and Counterterrorism Section of the National Security Division of the Department of Justice.
Two Men Charged for Conspiracy and Possession with Intent to Distribute 60 Pounds of MethamphetamineRead the Press Release
LAS VEGAS, Nev. — Edgar Marin-Melendrez, 29, a citizen of Mexico, and Misael Elias, 22, of Bell, California, made their initial appearances in federal court yesterday before U.S. Magistrate Judge Cam Ferenbach for allegedly possessing with the intent to distribute more than 60 pounds of methamphetamine, announced U.S. Attorney Nicholas A. Trutanich of the District of Nevada and Assistant Special Agent in Charge Daniel Neill of the Drug Enforcement Administration (DEA).
Marin-Melendrez and Elias were each charged in a criminal complaint with one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine. A preliminary hearing has been scheduled before U.S. Magistrate Judge Cam Ferenbach for September 1, 2020.
As alleged in the complaint, on August 14, 2020, Marin-Melendrez and Elias met a buyer in a parking lot in North Las Vegas, with the intent to sell more than 60 pounds of methamphetamine. Law enforcement apprehended Marin-Melendrez and Elias in the parking lot. The trunk of their vehicle contained approximately 28,000 grams (62 pounds) of methamphetamine in a suitcase.
Marin-Melendrez and Elias each face a statutory maximum sentence of life in prison and a $10,000,000 fine for each count. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes only.
A criminal complaint is a formal accusation of criminal conduct for purposes of establishing probable cause, not evidence of guilt. Every defendant is presumed innocent unless and until proven guilty in a court of law.
This case was the product of an investigation by the DEA.
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Three Years After Settling Dispute, Construction Begins on Mosque in Sterling Heights, MichiganRead the Press Release
The United States Attorney's Office for the Eastern District of Michigan congratulates the American Islamic Community Center (AICC) on the beginning of construction of its new mosque in Sterling Heights, Michigan, which was the subject of an earlier federal lawsuit brought by the Justice Department.
In 2016, the U.S. Attorney’s Office and the Civil Rights Division filed a lawsuit against Sterling Heights, Michigan, alleging that the city violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it denied approval for AICC to build a mosque in the city. The AICC sought to build in Sterling Heights because the location was more convenient for its members and its current space had become inadequate for its religious, educational and social needs. The lawsuit alleged that the denial imposed a substantial burden on AICC’s religious exercise, as well as religious discrimination.
The Justice Department’s case settled in February, 2017, paving the way for the construction of AICC’s new mosque. Today, the American Islamic Community Center celebrated this victory in a ribbon cutting ceremony.
“The Constitution protects the rights of religious communities from discriminatory practices,” said United States Attorney Matthew Schneider. “We are happy to join AICC on this very important day. While it is a shame that it had to face delays and unnecessary obstacles, AICC’s beautiful new building will stand as a lasting reminder of the importance to fight for the religious rights of all Americans. We are so pleased that the U.S. Attorney’s Office could assist AICC in its journey.”
RLUIPA, enacted in 2000, contains multiple provisions prohibiting religious discrimination and protecting against unjustified burdens on religious exercise. Persons who believe that they been subjected to religious discrimination in land use or zoning may contact the U.S. Attorney’s Office of the Eastern District of Michigan’s Civil Rights Hotline at (313) 226-9151 or [email protected]
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2010 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit https://www.justice.gov/usao-edmi/programs/civil-rights.
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The Bank of Nova Scotia Agrees to Pay $60.4 Million in Connection with Commodities Price Manipulation SchemeRead the Press Release
NEWARK, N.J. – The Bank of Nova Scotia (Scotiabank), a Toronto, Canada-based global banking and financial services firm, has entered into a resolution with the Department of Justice to resolve criminal charges related to a price manipulation scheme involving thousands of episodes of unlawful trading activity by four traders in the precious metals futures contracts markets.
Scotiabank entered into a deferred prosecution agreement (DPA) in connection with a criminal information filed today in the District of New Jersey charging the company with one count of wire fraud and one count of attempted price manipulation. Under the terms of the DPA, Scotiabank has agreed to the imposition of an independent compliance monitor, and will pay over $60.4 million in a criminal monetary penalty, criminal disgorgement, and victim compensation, with part of the criminal monetary penalty credited against payments made to the Commodity Futures Trading Commission (CFTC) under a separate agreement with the CFTC being announced today.
“For over eight years, Scotiabank traders placed thousands of orders for precious metals futures contracts in an attempt to manipulate prices for their own and the bank’s benefit and to deceive other market participants,” said Chief Robert A. Zink of the Justice Department’s Criminal Division, Fraud Section. “This deferred prosecution agreement—which includes a criminal monetary penalty at the top of the United States Sentencing Guidelines range, money to compensate victims, and an independent compliance monitor—reflects the seriousness of the offense and the state of Scotiabank’s compliance program, and further helps to promote the integrity of our public markets.”
“For the markets to work fairly, everyone needs to be able to make trading decisions with consistent, accurate information,” said U.S. Attorney Craig Carpenito for the District of New Jersey. “In the conduct described here, four Scotiabank traders attempted to rig precious metals futures prices in their favor by placing thousands of orders they knew they would cancel before the trades were executed. In this way, they sought to illegally manipulate the market to their own advantage, and to the disadvantage of other traders. The resolution announced requires Scotiabank to pay a substantial penalty and places them under watch by an independent compliance monitor.”
“Today, Scotiabank has admitted to their role in a massive price manipulation scheme aimed at falsely manufacturing the prices of precious metals futures contracts to serve the bank’s best interests,” said Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office. “The bank’s actions were designed to lead others to trade in ways they never would have without what was believed to be legitimate market activity. Scotiabank’s agreement to surrender more than $60 million in criminal fines, disgorgement and victim compensation underscores the severe penalties that can be levied against those who wish to engage in similar, illegal business tactics.”
“The consequences of the actions of these traders are far reaching, affecting not only the economy of the United States, but also the world’s financial markets,” said Inspector in Charge Delany De Leon-Colon of the U.S. Postal Inspection Service’s Criminal Investigations Group. “Anyone who thinks that manipulating trading markets to benefit their own bank accounts should see today’s announcement as a significant warning. The U.S. Postal Inspection Service has an extensive history of investigating complex financial fraud schemes in order to protect investors as well as the integrity of the financial marketplace.”
According to admissions and court documents, between approximately January 2008 and July 2016, four precious metals traders located in New York, London and Hong Kong engaged in fraudulent and manipulative trading practices in the markets for gold, silver, platinum, and palladium futures contracts (collectively, precious metals futures contracts) that traded on the New York Mercantile Exchange Inc. (NYMEX) and Commodity Exchange Inc. (COMEX), which are commodities exchanges operated by the CME Group, Inc. One of the traders, Corey Flaum, 42, of Delray Beach, Florida, pleaded guilty on July 25, 2019, to one count of attempted price manipulation in connection with his precious metals futures contracts trading at Scotiabank and another financial services firm, and his sentencing is scheduled for Jan. 27, 2021, before U.S. District Judge Brian M. Cogan of the Eastern District of New York.
As part of the DPA, Scotiabank has agreed to, among other things, continue to cooperate with the department in any ongoing investigations and prosecutions relating to the underlying misconduct, to modify its compliance program where necessary and appropriate, and to retain an independent compliance monitor for a period of three years.
A number of relevant considerations contributed to the department’s criminal resolution with Scotiabank, including the nature and seriousness of the offense, the state of Scotiabank’s compliance program, and Scotiabank’s failure to fully and voluntarily self-disclose the offense conduct to the department.
As Scotiabank admitted in the DPA, Flaum and the three other traders, collectively, placed thousands of orders to buy and sell precious metals futures contracts with the intent to cancel those orders before execution. By placing these orders, the traders intended to artificially move the prices of precious metals futures contracts in a direction that was favorable to them, and to inject false and misleading information into the precious metals futures markets in order to deceive other market participants into believing something untrue, namely that the market reflected legitimate supply and demand. This false and misleading information was intended to, and at times did, trick other market participants into reacting to the apparent change and imbalance in supply and demand by buying and selling futures contracts at quantities, prices, and times that they otherwise likely would not have traded.
As set forth in the DPA, Scotiabank’s compliance function failed to detect or prevent the four traders’ unlawful trading practices. Moreover, between August 2013 and February 2016, three Scotiabank compliance officers possessed information regarding unlawful trading by one of the traders other than Flaum but failed to prevent further unlawful conduct by this same trader. These facts were significant considerations that counseled for the imposition of a criminal monetary penalty at the high end of the applicable United States Sentencing Guidelines range under the DPA.
Since the time of the underlying offense conduct, Scotiabank has made significant investments to improve its compliance technology and trade surveillance tools, has nearly doubled its annual compliance operating budget, has added more than 200 full-time equivalent compliance positions, and is in the process of winding down its precious metals business. The department ultimately determined, however, that an independent compliance monitor was necessary because Scotiabank’s remedial improvements to its compliance and ethics program have yet not been fully implemented and tested to demonstrate that they would be effective in detecting and preventing similar misconduct in the future.
Scotiabank did not receive voluntary disclosure credit because it did not voluntarily and timely disclose the offense conduct to the department. In 2016, after one of its futures commission merchants flagged trading by Flaum for possible spoofing, Scotiabank made a voluntary disclosure regarding Flaum to the CFTC. As a result of recordkeeping failures, however, Scotiabank’s disclosure to the CFTC was materially incomplete. As a result, the CFTC was impaired in its ability to fully investigate Flaum’s unlawful trading and discover the true extent of the misconduct. The CFTC, relying on Scotiabank’s incomplete and, ultimately, inaccurate disclosure, entered into a resolution with Scotiabank in 2018 that did not reflect the full extent of Flaum’s conduct (2018 CFTC Resolution). In the 2018 CFTC resolution, Scotiabank received a substantially reduced penalty in recognition of, among other things, its purported self-reporting.
Today, the CFTC announced two separate settlements with Scotiabank in connection with related, parallel proceedings. One of Scotiabank’s resolutions with the CFTC relates to unlawful trading by Flaum and the three other traders that Scotiabank did not fully disclose to the CFTC in connection with the CFTC’s prior investigation that resulted in the 2018 CFTC Resolution, discussed above. Under the terms of the new agreement between Scotiabank and the CFTC, Scotiabank agreed to pay approximately $60.4 million, which includes a civil monetary penalty of $42 million, as well as restitution and disgorgement that will be credited to any such payments made to the department. The second resolution between Scotiabank and the CFTC relates to certain false statements that Scotiabank made to the CFTC (including in connection with the investigation that resulted in the 2018 CFTC Resolution), the COMEX, and the National Futures Association. Under the terms of this agreement, Scotiabank has agreed to pay a civil monetary penalty of approximately $17 million.
The FBI’s New York Field Office and the USPIS investigated this case. Assistant Chief Avi Perry and Trial Attorneys Matthew F. Sullivan and Alexander Kramer of the Fraud Section and Assistant U.S. Attorney Catherine R. Murphy of the District of New Jersey prosecuted the case. The CFTC’s Division of Enforcement provided assistance in this matter.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website at https://www.justice.gov/criminal-vns/case/the-bank-of-nova-scotia-dpa or call (888) 549-3945.
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.
The Bank of Nova Scotia Agrees to Pay $60.4 Million in Connection with Commodities Price Manipulation SchemeRead the Press Release
The Bank of Nova Scotia (Scotiabank), a Toronto, Canada-based global banking and financial services firm, has entered into a resolution with the Department of Justice to resolve criminal charges related to a price manipulation scheme involving thousands of episodes of unlawful trading activity by four traders in the precious metals futures contracts markets.
Scotiabank entered into a deferred prosecution agreement (DPA) in connection with a criminal information filed today in the District of New Jersey charging the company with one count of wire fraud and one count of attempted price manipulation. Under the terms of the DPA, Scotiabank has agreed to the imposition of an independent compliance monitor, and will pay over $60.4 million in a criminal monetary penalty, criminal disgorgement, and victim compensation, with part of the criminal monetary penalty credited against payments made to the Commodity Futures Trading Commission (CFTC) under a separate agreement with the CFTC being announced today.
“For over eight years, Scotiabank traders placed thousands of orders for precious metals futures contracts in an attempt to manipulate prices for their own and the bank’s benefit and to deceive other market participants,” said Chief Robert A. Zink of the Justice Department’s Criminal Division, Fraud Section. “This deferred prosecution agreement—which includes a criminal monetary penalty at the top of the United States Sentencing Guidelines range, money to compensate victims, and an independent compliance monitor—reflects the seriousness of the offense and the state of Scotiabank’s compliance program, and further helps to promote the integrity of our public markets.”
“For the markets to work fairly, everyone needs to be able to make trading decisions with consistent, accurate information,” said U.S. Attorney Craig Carpenito for the District of New Jersey. “In the conduct described here, four Scotiabank traders attempted to rig precious metals futures prices in their favor by placing thousands of orders they knew they would cancel before the trades were executed. In this way, they sought to illegally manipulate the market to their own advantage, and to the disadvantage of other traders. The resolution announced requires Scotiabank to pay a substantial penalty and places them under watch by an independent compliance monitor.”
“Today, Scotiabank has admitted to their role in a massive price manipulation scheme aimed at falsely manufacturing the prices of precious metals futures contracts to serve the bank’s best interests,” said Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office. “The bank’s actions were designed to lead others to trade in ways they never would have without what was believed to be legitimate market activity. Scotiabank’s agreement to surrender more than $60 million in criminal fines, disgorgement and victim compensation underscores the severe penalties that can be levied against those who wish to engage in similar, illegal business tactics.”
“The consequences of the actions of these traders are far reaching, affecting not only the economy of the United States, but also the world’s financial markets,” said Inspector in Charge Delany De Leon-Colon of the U.S. Postal Inspection Service’s (USPIS) Criminal Investigations Group. “Anyone who thinks that manipulating trading markets to benefit their own bank accounts should see today’s announcement as a significant warning. The U.S. Postal Inspection Service has an extensive history of investigating complex financial fraud schemes in order to protect investors as well as the integrity of the financial marketplace.”
According to admissions and court documents, between approximately January 2008 and July 2016, four precious metals traders located in New York, London and Hong Kong engaged in fraudulent and manipulative trading practices in the markets for gold, silver, platinum, and palladium futures contracts (collectively, precious metals futures contracts) that traded on the New York Mercantile Exchange Inc. (NYMEX) and Commodity Exchange Inc. (COMEX), which are commodities exchanges operated by the CME Group, Inc. One of the traders, Corey Flaum, 42, of Delray Beach, Florida, pleaded guilty on July 25, 2019, to one count of attempted price manipulation in connection with his precious metals futures contracts trading at Scotiabank and another financial services firm, and his sentencing is scheduled for Jan. 27, 2021, before U.S. District Judge Brian M. Cogan of the Eastern District of New York.
As part of the DPA, Scotiabank has agreed to, among other things, continue to cooperate with the department in any ongoing investigations and prosecutions relating to the underlying misconduct, to modify its compliance program where necessary and appropriate, and to retain an independent compliance monitor for a period of three years.
A number of relevant considerations contributed to the department’s criminal resolution with Scotiabank, including the nature and seriousness of the offense, the state of Scotiabank’s compliance program, and Scotiabank’s failure to fully and voluntarily self-disclose the offense conduct to the department.
As Scotiabank admitted in the DPA, Flaum and the three other traders, collectively, placed thousands of orders to buy and sell precious metals futures contracts with the intent to cancel those orders before execution. By placing these orders, the traders intended to artificially move the prices of precious metals futures contracts in a direction that was favorable to them, and to inject false and misleading information into the precious metals futures markets in order to deceive other market participants into believing something untrue, namely that the market reflected legitimate supply and demand. This false and misleading information was intended to, and at times did, trick other market participants into reacting to the apparent change and imbalance in supply and demand by buying and selling futures contracts at quantities, prices, and times that they otherwise likely would not have traded.
As set forth in the DPA, Scotiabank’s compliance function failed to detect or prevent the four traders’ unlawful trading practices. Moreover, between August 2013 and February 2016, three Scotiabank compliance officers possessed information regarding unlawful trading by one of the traders other than Flaum but failed to prevent further unlawful conduct by this same trader. These facts were significant considerations that counseled for the imposition of a criminal monetary penalty at the high end of the applicable United States Sentencing Guidelines range under the DPA.
Since the time of the underlying offense conduct, Scotiabank has made significant investments to improve its compliance technology and trade surveillance tools, has nearly doubled its annual compliance operating budget, has added more than 200 full-time equivalent compliance positions, and is in the process of winding down its precious metals business. The department ultimately determined, however, that an independent compliance monitor was necessary because Scotiabank’s remedial improvements to its compliance and ethics program have yet not been fully implemented and tested to demonstrate that they would be effective in detecting and preventing similar misconduct in the future.
Scotiabank did not receive voluntary disclosure credit because it did not voluntarily and timely disclose the offense conduct to the department. In 2016, after one of its futures commission merchants flagged trading by Flaum for possible spoofing, Scotiabank made a voluntary disclosure regarding Flaum to the CFTC. As a result of recordkeeping failures, however, Scotiabank’s disclosure to the CFTC was materially incomplete. As a result, the CFTC was impaired in its ability to fully investigate Flaum’s unlawful trading and discover the true extent of the misconduct. The CFTC, relying on Scotiabank’s incomplete and, ultimately, inaccurate disclosure, entered into a resolution with Scotiabank in 2018 that did not reflect the full extent of Flaum’s conduct (2018 CFTC Resolution). In the 2018 CFTC resolution, Scotiabank received a substantially reduced penalty in recognition of, among other things, its purported self-reporting.
Today, the CFTC announced two separate settlements with Scotiabank in connection with related, parallel proceedings. One of Scotiabank’s resolutions with the CFTC relates to unlawful trading by Flaum and the three other traders that Scotiabank did not fully disclose to the CFTC in connection with the CFTC’s prior investigation that resulted in the 2018 CFTC Resolution, discussed above. Under the terms of the new agreement between Scotiabank and the CFTC, Scotiabank agreed to pay approximately $60.4 million, which includes a civil monetary penalty of $42 million, as well as restitution and disgorgement that will be credited to any such payments made to the department. The second resolution between Scotiabank and the CFTC relates to certain false statements that Scotiabank made to the CFTC (including in connection with the investigation that resulted in the 2018 CFTC Resolution), the COMEX, and the National Futures Association. Under the terms of this agreement, Scotiabank has agreed to pay a civil monetary penalty of approximately $17 million.
The FBI’s New York Field Office and the USPIS investigated this case. Assistant Chief Avi Perry and Trial Attorneys Matthew F. Sullivan and Alexander Kramer of the Fraud Section and Assistant U.S. Attorney Catherine R. Murphy of the District of New Jersey prosecuted the case. The CFTC’s Division of Enforcement provided assistance in this matter.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website at https://www.justice.gov/criminal-vns/case/the-bank-of-nova-scotia-dpa or call (888) 549-3945.
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.
Texas Duo to Serve Federal Prison Sentences for Multi-State Pharmacy Burglaries in Oklahoma and KansasRead the Press Release
OKLAHOMA CITY – JEREMY BALLEW, 43, of Tyler, Texas, and DANIELLE MONSERRATE, 40, of Rowlett, Texas, have been sentenced to serve federal prison terms of 57 months and 12 months respectively for the burglaries of three pharmacies in Kansas and Oklahoma, announced U.S. Attorney Timothy J. Downing.
According to an Indictment filed on February 19, 2019, Ballew and Monserrate were charged with drug conspiracy and possession with intent to distribute hydrocodone. Ballew and Monserrate were then charged by Superseding Indictment filed on March 19, 2019, with burglary involving controlled substances and aiding and abetting, along with additional charges of drug conspiracy and possession with intent to distribute hydrocodone. On December 2, 2019, Ballew pleaded guilty to count 3 of the of the Superseding Indictment in CR-19-0046 for the Nichols Hills burglary and counts 1 and 2 of the Indictment filed in CR-19-00362 for the two Kansas pharmacy burglaries. The counts of drug conspiracy and possession with intent to distribute found in the Superseding Indictment, as well as the counts of drug conspiracy found in the earlier Indictment in CR-19-0046 were ultimately dismissed as part of a plea agreement.
On August 17, 2020, U.S. District Judge Scott L. Palk sentenced Ballew to 57 months in prison for the Nichols Hills Drug pharmacy burglary, on December 3, 2017 in count 3 of the Superseding Indictment in CR-19-0046, 57 months for the Dandurand Pharmacy burglary in Wichita, Kansas, and 57 months for the Sigler Pharmacy burglary in Lawrence, Kansas, both occurring October 29, 2017 in counts 1 and 2 of the Indictment in CR-19-00362. Each term of imprisonment was ordered to run concurrent to one another. Judge Palk also imposed three years of supervised release as to each count to follow the terms of imprisonment, and ordered restitution in the amount of $29,253.11. In announcing Ballew’s sentence, Judge Palk noted Ballew’s long criminal history, his serious addiction to pain killers, and the lack of any meaningful drug treatment while incarcerated earlier in the Bureau of Prisons. Ballew’s sentence included strong recommendations to the Bureau of Prisons by Judge Palk for intensive drug treatment.
Monserrate was arrested in connection with the after-hours burglary of the Dandurand Pharmacy, Wichita, Kansas on October 29, 2017, and the after-hours burglary of the Nichols Hills Drug pharmacy on December 3, 2017. Monserrate pled guilty to both of these pharmacy burglaries, which relate to count 3 of the Superseding Indictment in CR-19-0046 and count 2 of the Indictment in CR-19-00362. For her role as a lookout in those two burglaries for Ballew, Judge Palk sentenced her to 12 months and a day in prison as to each count concurrently, followed by three years of supervised release, and $7,325.00 in restitution. In announcing Monserrate’s sentence, Judge Palk noted Monserrate’s long history of substance abuse, her poor performance while on pretrial release, and the amount of dangerous prescription drugs she allowed illegally into the community.
This case is the result of an investigation by the Drug Enforcement Administration’s, Tactical Diversion Squad, Oklahoma City District Office, with assistance from the DEA Tactical Diversion Squad, Fort Worth District Office, the Oklahoma City Police Department, the Lawrence, Kansas Police Department, the Wichita, Kansas Police Department, the Irving, Texas Police Department, the Phelps County, Missouri Sheriff’s Department, and the U.S. Marshals Service. Assistant U.S. Attorneys David Petermann and Matt Anderson prosecuted the case, with assistance from the United States Attorney’s Office for the District of Kansas.
This case is part of the Department of Justice priority to address and reduce opioid-related criminal activity.
Reference is made to court filings for further information. To download a photo of U.S. Attorney Downing, click here.
Southfield Man Charged in Multi-State Identify Theft and Unemployment Fraud SchemeRead the Press Release
A Southfield man was charged in a criminal complaint for his alleged role in a multi-state unemployment insurance fraud scheme aimed at defrauding the State of Michigan, the State of Pennsylvania, and the U.S. Government of funds earmarked for unemployment assistance during the COVID-19 pandemic, announced United States Attorney Matthew Schneider.
Joining in the announcement were Special Agent-in-Charge Steven M. D’Antuono, Federal Bureau of Investigation; Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General; and Chief Phil Langmeyer, Bloomfield Township Police Department.
Charged is Samuel George Baker, 37.
According to the complaint, Baker has filed numerous fraudulent applications for unemployment insurance benefits in the names of various individuals in state of Pennsylvania, causing over $150,000 in fraudulent UI benefits to be paid out unlawfully. It is alleged that during the application process, Baker requested the benefits to be paid out via debit card, and then caused the cards to be mailed to various addresses here in Michigan. The cards were then loaded with additional UI payments every two weeks, throughout the duration of the scheme. According the complaint, Baker began making near-daily withdrawals in July 2020, using multiple cards each day. Baker is also alleged to have used proceeds from his crimes to purchase at least one piece of high-end jewelry—a rare, $45,000 Rolex watch.
It is also alleged that in May 2020, Baker filed multiple fraudulent Michigan unemployment insurance claims, using false social security numbers and fake driver’s licenses. Investigation into this aspect of Baker’s scheme remains ongoing; however, it is alleged that Baker has already received more than $37,000 in benefits from his Michigan unemployment claims.
“At a time when thousands of people are out of work because of the pandemic, Samuel Baker is charged with stealing unemployment benefits that should have gone to Michiganders trying to feed their families. Anyone who steals unemployment funds steals from the people of Michigan,” stated United States Attorney Schneider.
“Mr. Baker's scheme exploited a fund designed specifically to support Americans during this incredibly challenging time,” said Steven M. D’Antuono, Special Agent in Charge of the FBI in Michigan. “Thanks to the hard work of all of the agencies involved in this investigation, those individuals who need the support at this critical time will be able to receive it.”
“An important mission of the Office of Inspector General is to investigate allegations relating to unemployment insurance fraud. We will continue to work with our law enforcement partners to investigate these types of allegations,” stated Special Agent-in-Charge Irene Lindow, Chicago Region, U.S. Department of Labor Office of Inspector General.
A complaint is only a charge and is not evidence of guilt. Trial cannot be held on felony charges in a complaint. When the investigation is completed, a determination will be made whether to seek a felony indictment.
This case is being prosecuted by Assistant United States Attorney Ryan A. Particka. The investigation is being conducted jointly by the Federal Bureau of Investigation, the Department of Labor, Office of the Inspector General, and the Bloomfield Township Police Department.
Somerset County Man Sentenced to 11+ Years in Prison for Violating Federal Child Exploitation and Firearms LawsRead the Press Release
JOHNSTOWN, Pa. – A Somerset County resident has been sentenced in federal court to 135 months in prison and ten years’ supervised release on his conviction of violating federal child pornography and firearms laws, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on William M. Jones, 51, of Stoystown, Pa.
According to information presented to the court, on September 18, 2019, Jones knowingly possessed pictures and videos in individual computer graphic files which were produced using prepubescent minors engaging in sexually explicit conduct. Further, Jones was found in possession of a firearm and ammunition. In 2003, Jones was convicted in Howard County, Indiana, of child molestation, which is a crime punishable by imprisonment for a term exceeding one year. Federal law prohibits persons who have been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing firearms.
Assistant United States Attorney Arnold P. Bernard, Jr. prosecuted this case on behalf of the government.
Mr. Brady commended the US Immigration and Customs Enforcement/Homeland Security Investigations for the investigation that led to the successful prosecution of Jones.
Sioux County Man Pleads Guilty to Possession with Intent to Distribute MethRead the Press Release
A man who possessed with intent to distribute methamphetamine pled guilty August 13, 2020, in federal court in Sioux City.
Ernesto Soto, 30, from Hawarden, Iowa, was convicted of one count of possession with intent to distribute methamphetamine.
At the plea hearing Soto admitted that on February 5, 2020, Woodbury County, Sheriff’s Deputy conducted a traffic stop of the vehicle Soto was traveling in. Upon conducting a probable cause search within the vehicle, law enforcement discovered approximately 34 grams methamphetamine, 1.6 grams cocaine, baggies, and a glass smoking device with residue located in a black bag that belonged to Soto. The methamphetamine, cocaine, and baggies were concealed in a pop can with a false bottom. At least 5 grams of the approximately 34 grams was actual (pure) methamphetamine. In May 19, 2014, Soto was convicted in the Iowa District Court for Sioux County, of intent to manufacture/deliver methamphetamine under 5 grams.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Soto remains in custody of the United States Marshal and will remain in custody pending sentencing. Soto faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, and at least 4 years up to life of supervised release following any imprisonment.
The case is being prosecuted by Special Assistant United States Attorney Patrick T. Greenwood and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4033.
Follow us on Twitter @USAO_NDIA.
Second Person Charged with Arson of Providence Police Cruiser During June RiotRead the Press Release
PROVIDENCE – A second Rhode Island man has been charged and arrested for his alleged involvement in the burning and destruction of a Providence Police cruiser during a riot in downtown Providence in the early morning hours of June 2, 2020.
Nicholas L. Scaglione, 30, of Cranston, was arrested on Tuesday, charged by way of a federal criminal complaint with attempted malicious destruction of a vehicle by fire, and released by the court on unsecured bond, announced United States Attorney Aaron L. Weisman, Special Agent in Charge of the FBI Boston Division Joseph R. Bonavolonta, and Providence Police Chief Colonel Hugh T. Clements, Jr.
On Friday, Luis Joel Sierra, 34, of Providence, was arrested on a federal criminal complaint charging him with attempted malicious destruction of a vehicle by fire. He was ordered detained in federal custody.
According to court documents, an FBI Joint Terrorism Task Force, Providence Police, and United States Attorney’s Office investigation determined that Sierra allegedly set a Providence Police car on fire by leaning inside the cruiser and igniting a fire with lighter fluid.
According to information presented to the court, it is alleged that Scaglione squirted a flammable liquid into the vehicle, causing the fire to intensify. The cruiser became fully engulfed and was destroyed.
According to court documents, both Sierra and Scaglione allegedly shared information with others about their alleged individual roles in the burning of the cruiser. According to court documents, among text messages allegedly written by Scaglione is a text message where he wrote, “But that police cruiser that went up in flames last night can be replaced... I was pissed. I've been pissed. That was pent up years of rage and frustration with the way I've seen and been treated by police. That cop car can be replaced. People’s lives cannot... Then I go out fighting and standing up for s**t I believe in. Cuz I know for a fact if it was you or anyone else I was close to I'd burn the whole police force down and not even blink."
As alleged in court documents, Sierra told another individual that he was one of the individuals responsible for the arson of the Providence Police Department vehicle by applying a flammable liquid to the interior of the vehicle and then using a lighter to ignite the fire. Law enforcement was also provided with several videos allegedly taken on Snapchat off Sierra’s phone and a recorded conversation with Sierra during which Sierra allegedly detailed his actions igniting the fire.
A significant amount of information into each man’s alleged role into the burning of Providence Police cruiser in the form of emails, telephone calls, text messages and video clips was brought to the attention of law enforcement following the publication of an FBI poster seeking information of two persons of interest in the June 2, 2020 arson of the Providence Police Department vehicle.
The two men depicted in the poster have been identified as Luis Joel Sierra (#1) and Nicholas L. Scaglione (#2).
Attempted malicious destruction of a vehicle by fire is punishable by statutory penalties of 5-20 years imprisonment, up to three years of supervised release, and a fine of up to $250,000.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The cases are being prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.
United States Attorney Aaron Weisman thanks the Rhode Island Fusion Center for their assistance in this investigation.
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Sarasota Man Pleads Guilty to Possessing A Machine GunRead the Press Release
Orlando, Florida – Max Chambers (21, Sarasota), a former University of Central Florida student, today pleaded guilty to possession of a machine gun. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, on January 28, 2019, the University of Central Florida (UCF) Police Department received an anonymous crime line tip claiming that Chambers was in possession of three drop-in auto-sears (DIAS) – a device used to cause a semi-automatic firearm to fire fully automatic – on university grounds. After making contact with Chambers, law enforcement located a completed DIAS in his dorm room. A second DIAS and an AR-15 style rifle that Chambers had converted to fire fully automatic were found in Chambers’s vehicle, which was parked on UCF property. During interviews with law enforcement, Chambers admitted to making the DIAS, and altering the AR-15 with the goal of making it fire fully automatic.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the University of Central Florida Police Department. It is being prosecuted by Assistant United States Attorney Amanda Daniels.
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 Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Randolph Man Sentenced for Dealing FentanylRead the Press Release
BOSTON – A Randolph man was sentenced today in federal court in Boston for distributing fentanyl.
Richard Petit-Frere, 25, was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to 60 months in prison and 48 months of supervised release. In August 2019, Petit-Frere pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl, one count of distribution of and possession with intent to distribute 40 grams or more of fentanyl and five counts of distribution of and possession with intent to distribute fentanyl.
On multiple occasions from May 2, 2018, through Nov. 11, 2018, an undercover federal agent purchased fentanyl from Petit-Frere and others in Randolph, Canton and Foxboro. The investigation revealed that Petit-Frere was a member of the No Fear Ones street gang in Randolph.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Randolph Police Chief William Pace; Stoughton Police Chief Donna M. McNamara; and Foxboro Police Chief Michael Grace made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit prosecuted the case.
Randolph County man indicted on methamphetamine and firearms chargesRead the Press Release
ELKINS, WEST VIRGINIA – Richard Scott Connally, of Montrose, West Virginia, was indicted on methamphetamine and firearms charges, U.S. Attorney Bill Powell announced.
Connally, 25, was indicted on one count of “Possession with Intent to Distribute at Least 50 Grams of Methamphetamine” and one count of “Possession of a Firearm in Furtherance of a Drug Crime.” Connally is accused of having more than 50 grams of methamphetamine in October 2019 in Randolph County. Connally is also accused of having a 9mm pistol at the time of the methamphetamine possession.
Connally faces at least 10 years and up to life incarceration and a fine of up to $10 million the methamphetamine charge. He faces at least five years of incarceration and a fine of up to $250,000 for the firearms charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Mountain Region Drug & Violent Crimes Task Force and the Randolph County Sheriff’s Office investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Randolph County man charged with transporting stolen propertyRead the Press Release
ELKINS, WEST VIRGINIA – Travis Charles White, of Kerens, West Virginia, was indicted on charges related to taking stolen items across state lines, U.S. Attorney Bill Powell announced.
White, 43, was indicted by a grand jury on two counts of “Interstate Transportation of Stolen Property.” White is accused of taking more than $16,000 of stolen U.S. Savings Bonds from West Virginia to Colorado, as well as taking a stolen 2007 Toyota RAV4 from West Virginia to Pennsylvania. The crimes are alleged to have occurred in February 2017 in Randolph County.
White faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Danae DeMasi-Lemon is prosecuting the case on behalf of the government. The West Virginia State Police investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Project Parkersburg Update: Two Defendants Sentenced to Federal Prison for Drug TraffickingRead the Press Release
CHARLESTON, W.Va. – Two Project Parkersburg defendants were sentenced to federal prison today for their roles in a large-scale, multi-state drug trafficking conspiracy, announced United States Attorney Mike Stuart.
Amanda Atkinson, 44, of Vienna, was sentenced to 30 months in prison and one year of supervised release. She previously admitted using a cellular telephone to facilitate drug trafficking. Michael Holley, Jr., 37, of Parkersburg, was sentenced to 77 months in prison and four years of supervised release. He previously admitted distributing between 50 grams and 200 grams of methamphetamine between February 2018 and July 2018.
“Project Parkersburg was an extraordinary law enforcement operation that successfully dismantled a major network of drug traffickers,” said United States Attorney Mike Stuart. “Today’s sentencings bring the total number of federal defendants sentenced to 10, with additional defendants still awaiting sentencing. My team is laser-focused on shuttering drug trafficking organizations before any more of our kids and communities fall victim.”
Atkinson and Holley, Jr. were prosecuted as part of Project Parkersburg – a major takedown and dismantling of a multi-state drug trafficking organization (DTO) responsible for distributing methamphetamine and heroin. The long-term, joint investigation resulted in at least 29 individuals being charged in federal and state court and the seizure of 121 pounds of ICE methamphetamine, six kilograms of cocaine, 217 grams of heroin and 478 grams of fentanyl.
Of the defendants charged in federal court, Todd Land, Jeffrey Hoyler, Nicholas Easton, T.J. Gibson, Edward Marks, Amy Rake, Marshall Polan, and Troy Pastorino have been sentenced. Aurelius Edmonds, Terrence McGuirk, Michael Rhodes and Antoine Terry await sentencing later this year.
The investigation was conducted by the Federal Bureau of Investigation (FBI), the Parkersburg Police Department, the Dayton (Ohio) Police Department and the Parkersburg Narcotics and Violent Crime Task Force. United States District Judge Irene C. Berger imposed the sentences. Assistant United States Attorneys Joshua Hanks and Jeremy Wolfe handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 18-CR-00225.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Postal Employee Pleads Guilty to Theft of MailRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that AMY MAKAROS, 41, of New Britain, waived her right to be indicted and pleaded guilty today before U.S. District Judge Stefan R. Underhill to theft of mail by a postal employee.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding occurred via videoconference.
According to court documents and statements made in court, between November 2018 and February 2019, while she was employed as a mail carrier at the U.S. Post Office in Farmington, Makaros stole numerous pieces of mail, including greeting cards that contained gift cards or other items of value. When confronted by investigators, Makaros admitted her theft and subsequently surrendered approximately 19 pieces of mail and four gift cards that she had stolen.
Theft of mail by a postal employee carries a maximum term of imprisonment of five years.
This investigation has been conducted by the U.S. Postal Service Office of the Inspector General and is being prosecuted by Assistant U.S. Attorney Elena L. Coronado.
U.S. Attorney Durham encouraged individuals who believe they are a victim of theft related to this case to file a complaint by calling 888-USPS-OIG, or by visiting https://www.uspsoig.gov/form/file-online-complaint.
Portland Man Charged with Assaulting Deputy U.S. Marshal with Baseball Bat During July Riot at Federal CourthouseRead the Press Release
PORTLAND, Ore.—U.S. Attorney Billy J. Williams announced today that a Portland man has been charged with assaulting a U.S. Marshals Service deputy with a baseball bat during a riot at the Mark O. Hatfield U.S. Courthouse in downtown Portland on July 27, 2020.
Dakotah Ray Horton, 24, has been charged by criminal complaint with one count of assaulting a federal officer.
“Assaulting a federal officer with a dangerous weapon is a serious violent crime,” said U.S. Attorney Williams. “I applaud the tenacity of the deputy U.S. Marshals who, for multiple weeks, worked tirelessly to identify this defendant.”
“This case is a shining example how law enforcement successfully works together to pursue violent opportunists that assault federal law enforcement personnel as they are serving their community—in this case, literally protecting the institution of American justice, said Acting Special Agent in Charge Eben Roberts. “HSI stands ready to assist in these types of investigations to ensure law enforcement can safely and effectively perform its congressional mandate.”
For several weeks in June and July 2020, the Hatfield Federal Courthouse was the site of large demonstrations and protests. On many nights, after peaceful demonstrations ended, the courthouse was the repeated target of vandalism. U.S. Marshals Service deputies and officers from the Federal Protective Service, Homeland Security Investigations, and U.S. Customs and Border Protection working to protect the building were subjected to threats and assaults from rioters while performing their duties.
According to court documents, in the early morning hours of July 27, 2020, rioters attempted to destroy a security fence in front of the Hatfield Federal Courthouse with power tools. Rioters proceeded to attack law enforcement officers by throwing hard objects, glass bottles, and explosive devices at them.
After rioters ignored repeated orders to leave the area, the U.S. Marshals Service formed a line in front of them and began to move forward to disperse the crowd. As deputies approached, they attempted to arrest an individual for assaulting an officer. As one of the deputies knelt on the ground to assist with the arrest, Horton approached from behind and struck the deputy in the upper back, neck, and shoulder with a wooden baseball bat causing non-life-threatening injuries. When the deputy turned around, he observed Horton pointing the bat at him. The assault was witnessed by multiple individuals and captured on several internet video feeds.
On August 2, 2020, the U.S. Marshals Service distributed a bulletin to law enforcement agencies in the Portland metropolitan area seeking assistance in identifying Horton. The bulletin included a full body photo of Horton as well as many close-ups of his face collected from videos posted online. Two weeks later, on August 17, 2020, a deputy U.S. Marshal observed an individual in the Rock Creek area of Washington County matching Horton’s physical appearance as depicted in the bulletin. The individual, later confirmed to be Horton, was arrested without incident. During his arrest, deputies found a loaded firearm concealed in Horton’s waistband.
Horton made his initial appearance in federal court on August 18, 2020 before a U.S. Magistrate Judge. Today, he was ordered detained pending further court proceedings.
Assaulting a federal officer with a deadly or dangerous weapon is punishable by up to 20 years in federal prison.
This case was investigated by the U.S. Marshals Service with assistance from Homeland Security Investigations and the Washington County Sheriff’s Office. It is being prosecuted by Leah K. Bolstad, Assistant U.S. Attorney for the District of Oregon.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
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.
Horton strikes a deputy U.S. Marshal with a wooden baseball bat. Second angle of Horton striking a deputy U.S. Marshal with a wooden baseball bat. Horton shortly after assaulting a deputy U.S. Marshal. Detail of clothing worn by Horton during assault on a deputy U.S. Marshal. Horton after his August 17 arrest.Passaic County Man Admits Participating in Heroin ConspiracyRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey, man today admitted conspiring to distribute heroin and to distributing a quantity of heroin, U.S. Attorney Craig Carpenito announced.
Dwayne Northern, a/k/a “Black,” a/k/a “D Black,” 35, of Paterson, New Jersey, pleaded guilty by videoconference before U.S. District Judge Brian R. Martinotti to an information charging him with conspiracy to distribute and possess with the intent to distribute heroin and knowingly and intentionally distributing heroin.
According to documents filed in this case and statements made in court:
The defendant and his conspirators are members and associates of the 230 Boys street gang, which operates primarily around Rosa Parks Boulevard and Godwin Avenue in Paterson. Through investigative techniques, including numerous controlled purchases of narcotics, consensually recorded telephone calls and text messages, physical surveillance, and the analysis of telephone call detail records, law enforcement determined that from at least September 2018 through Oct. 1, 2019, the defendant and his conspirators conspired to distribute narcotics, including heroin and fentanyl.
Each count to which Northern pleaded guilty carries a maximum penalty of 20 years in prison and a fine of at least $1 million. Sentencing is scheduled for Dec. 21, 2020.
This case is being conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). 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.
U.S. Attorney Carpenito credited special agents and task force officers with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Division, under the direction of Special Agent in Charge Charlie J. Patterson; special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson in Newark; officers of the N.J. State Police, under the direction of Col. Patrick J. Callahan; officers of the Paterson Police Department, under the direction of Director Jerry Speziale and Police Chief Ibrahim Baycora; detectives of the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia Valdes; and the Passaic County Sheriff’s Office, under the direction of Sheriff Richard H. Berdnik, with the investigation leading to the charges. He also thanked the U.S. Marshals Service, the Bergen County Sheriff's Office and the Belleville and Livingston police departments for their assistance with the case.
The government is represented by Assistant U.S. Attorney Francesca Liquori, of the Organized Crime and Gangs Unit.
Owner of Michigan Payroll Tax Services Firm Charged with Employment Tax FraudRead the Press Release
A federal grand jury in Detroit, Michigan, returned an indictment today charging a Farwell, Michigan, businessman with failing to pay payroll taxes to the Internal Revenue Service (IRS) and failing to file his own returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Matthew Schneider for the Eastern District of Michigan.
According to the indictment, Dale Thrush was the owner and operator of 402 N. Mission St. LLC (Mission Street), a Mount Pleasant, Michigan, company that provided payroll tax services to employers, including withholding taxes and forwarding the funds due to the IRS. The indictment alleges that from 2014 through 2016, Thrush withheld payroll taxes from Mission Street employees’ paychecks, but only paid a portion of the funds due to the IRS. Instead, Thrush allegedly used nearly $400,000 from Mission Street’s payroll account, including the withheld taxes, to cover expenses for his other businesses and to fund remodeling and construction costs for his wife’s business. It is also alleged that from 2013 through 2016, Thrush did not file personal tax returns reporting the income he earned from his businesses.
If convicted, Thrush faces a maximum sentence of five years in prison for each of the ten counts of failing to pay over payroll taxes, and a maximum sentence of one year in prison for each of the four counts of failing to file his own return. Thrush also faces a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Schneider commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney Mark McDonald of the Tax Division and Assistant U.S. Attorney Jules DePorre, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Owner of Car Dealership Admits Engaging in Large-Scale FraudRead the Press Release
NEWARK, N.J. – An Atlantic County, New Jersey, man today admitted his role in engaging in a pattern of fraudulent activity through his auto dealership, U.S. Attorney Craig Carpenito announced.
Afzal Khan, a/k/a “Bobby Khan,” 38, of Egg Harbor Township, New Jersey, pleaded guilty by videoconference before U.S. District Judge William J. Martini to Count One of an indictment charging him with wire fraud.
According to documents filed in the case and statements made in court:
From at least December 2013 through September 2014, Khan, through his car dealership, Emporio Motor Group (Emporio) of Ramsey, New Jersey, engaged in acts to defraud lenders and customers. Khan obtained loans from the auto finance division of a large bank for cars that he never delivered, but for which the purchaser was still responsible. Khan also obtained loans from the victim bank for cars that were delivered, but for which neither he nor Emporio had title. As a result, the purchasers of these cars were liable for the loans, but could not register the cars. In addition, Khan offered to sell cars for individuals on consignment, but did not return the cars or provide any money to the individuals from the sale of the cars. Khan admitted that as a result of his actions, he exposed the victim bank to a potential loss of at least $550,000.
Khan faces a maximum penalty of 20 years in prison and a $250,000 fine, or twice the gain or loss from the offense. Sentencing is scheduled for Dec. 17, 2020.
U.S. Attorney Carpenito credited special agents of the FBI’s Newark Division, under the direction of Acting Special Agent in Charge Joe Denahan, with the investigation leading to today’s guilty plea. He also thanked the Bergen County Prosecutor’s Office and the Ramsey Police Department for their assistance.
The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark.
Operation Legend Results in 22 Defendants Charged with Various Federal ChargesRead the Press Release
DETROIT – Federal and local law enforcement today announced the initial early results of Operation Legend, a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in cooperation with state and local law enforcement officials to fight violent crime.
On July 29, United States Attorney Matthew Schneider was joined at a press conference at the Detroit offices of the Bureau of Alcohol, Tobacco, Firearms and Explosives with the heads of Michigan’s federal law enforcement, including ATF Special Agent in Charge James Deir, FBI Special Agent in Charge Steve D’Antuono, and United States Marshal Owen Cypher to announce that Operation Legend was expanding to Detroit.
To date, Operation Legend has yielded the arrest of 22 defendants being charged with federal offenses outlined below. Please note that some are charged with multiple offenses.
- 14 defendants have been charged with being a felon in possession of a firearm;
- Two defendants have been charged with possession with the intent to distribute controlled substances;
- Two defendants have been charged with possession of a firearm in furtherance of drug trafficking;
- Three defendants have been charged with receipt of a firearm while under indictment;
- Four defendants have been charged with making false statement to a licensed firearm dealer; and
- Two defendants have been charged with carjacking.
United States Attorney Matthew Schneider stated, “Operation Legend is working. The additional federal agents in Detroit have already taken high-powered assault rifles off our streets and have put armed drug dealers behind bars. If these federal agents had not come to Detroit, these violent criminals would still be terrorizing our neighborhoods. We cannot – and we will not – let up in our fight against violent crime.”
Operation Legend is an extension of Operation Relentless Pursuit, an initiative announced in Detroit in December, 2019 by Attorney General William Barr, that surged federal resources to fight back against violent crime, gangs, and gun violence in seven of America’s most affected cities, including Detroit.
The Operation was first launched on July 8 in Kansas City, Missouri, as a result of President Trump’s promise to assist America’s cities that are plagued by recent violence and has since expanded to include Albuquerque, Chicago, Cleveland, Milwaukee, Detroit, Memphis and St. Louis.
Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City. Similar crimes are happening in Detroit. Detroit is currently experiencing a significant increase in violent crime, with homicides currently up 31% and shootings up 53%.
Operation Legend, combined with Operation Relentless Pursuit, brought a total of approximately 42 federal agents to Detroit, in addition to the many federal agents who have worked for decades with state and local partners on violent crime and other offenses. An additional 10 Detroit ATF agents have been reassigned to work on violent gun crimes.
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