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Thursday 13 August 2020
Felon Sentenced to 30 Months in Prison for Illegally Possessing A Firearm and AmmunitionRead the Press Release
TULSA, Okla. – A Tulsa man has been sentenced to 30 months in prison for unlawful possession of a loaded .357 Magnum revolver and an additional 20 rounds of loose ammunition after multiple prior felony convictions. Defendant Rodney Burton was convicted by a jury of his peers on February 20, 2020.
On August 13, 2020, U.S. District Judge Gregory K. Frizzell granted the government’s request for a longer prison sentence and sentenced Defendant Rodney Burton to a term of 30 months in prison and three years of supervised release. The government argued for an enhanced federal sentence based upon Burton barricading himself inside his residence at the time of his arrest, threatening to shoot law enforcement officers, and a previous domestic violence incident.
“I commend U.S. District Judge Frizzell for handing down this two and one half year sentence of imprisonment. It sends a strong message of deterrence to every convicted felon who would illegally possess a firearm or ammunition,” said U.S. Attorney Shores. “The public can expect to see more of these types of prosecutions. One way to reduce violent gun crime is to prosecute persons who illegally possess guns. That’s just what the Tulsa Police Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and U.S. Attorney are going to do here in northern Oklahoma.”
At the sentencing hearing today, the government called an officer and a U.S. Marshals Service task force officer to discuss the prior domestic violence incident and the circumstances of Burton’s arrest in this case. USMS TFO Ian Soergel testified that Burton refused to obey officer commands and barricaded himself into his residence causing them to use a bearcat breaching tool to apprehend him. Soergel also testified that Burton threatened to shoot officers in the process of being placed into custody. Burton represented himself and identifies himself as a Moorish national.
Burton will remain in the custody of the U.S. Marshals Service until transfer to a U.S. Bureau of Prisons facility. The Tulsa Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation. Assistant U.S. Attorneys Mark R. Morgan and D. Edward Snow prosecuted the case.
The case was prosecuted as part of the Justice Department’s Project Guardian, a nationwide initiative leveraging critical law enforcement partnerships to enforce federal firearms laws. Project Guardian is the Department’s signature initiative to reduce gun violence and enforce federal firearms laws. Project Guardian draws upon the Justice Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS). This includes taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
Federal Task Force Formed in Response to Significant Increase in Louisville CarjackingsRead the Press Release
LOUISVILLE, Ky. – As carjacking skyrockets in Louisville, the FBI, joined by the Louisville Metropolitan Police Department, the Bureau of Alcohol Tobacco & Firearms, Homeland Security Investigations, Jefferson Co. Sheriff’s Office and the Kentucky State Police have set up a new task force in an effort to take more cases federal – where penalties range up to more than a decade in a federal penitentiary and parole does not exist. This new effort will be in close consultation with the Jefferson Commonwealth’s Attorney’s Office.
Carjacking is a federal crime punishable by imprisonment of up to 15 years and a fine of $250,000. However, if a victim of a carjacking suffers serious bodily injury, the maximum term of imprisonment is up to 25 years. And, if the carjacking victim is killed as a result of the carjacking, a defendant may be imprisoned for any number of years up to life, or sentenced to death. Additionally, if the defendant brandishes a firearm, a consecutive mandatory minimum sentence of seven years is added. If a firearm is discharged, a consecutive mandatory minimum sentence of ten years is added to the sentence. There is no parole in the federal system.
“Put Louisville families at risk though carjacking then be prepared to go to federal prison,” said U.S. Attorney Russell Coleman. “We will respond to this increasing threat to neighborhoods across our city and pledge closer collaboration with our state & local partners to reverse the disturbing trend.”
The FBI Louisville Field Office and law enforcement partners are offering incentives in the form of federal overtime, vehicles and training for Jefferson County law enforcement agencies who are participating in the task force.
"Helping to foster safe communities continues to be a primary focus of FBI Louisville,” said FBI Louisville Division SAC Robert Brown. “As preventing violent crime is a bedrock of the FBI, we look forward to working with and leading a new violent crime task force comprised of FBI, ATF, LMPD, KSP, HSI, and JCSO."
“We have seen a disturbing number of carjackings over the past few weeks,” said LMPD Interim Chief Rob Schroeder. “We are grateful for this collaboration with our federal partners, who always step up for this city when we see spikes in crime or alarming trends in violence.”
“Carjackings are violent crimes that harm our communities and threaten the public’s safety,” stated R. Shawn Morrow, ATF Special Agent in Charge of the Louisville Division. “ATF Special Agents will work closely with our law enforcement partners in order to stop this trend and find those responsible. The combined efforts of our law enforcement partners with the U.S. Attorney’s Office will go a long way in quickly shutting down these violent robberies.”
“The reduction and prevention of violent crime is important regardless where it takes place in our state,” said KSP Commissioner Rodney Brewer. “The Kentucky State Police is committed to providing whatever resources we have available to combat carjacking and other crimes in and around the Louisville Metro region.”
There has already been one such carjacking case taken federal in Louisville. Damion Lemont Hayes, 20, of Louisville, Kentucky, has been charged with carjacking. Hayes was on a felony diversion at the time of the carjacking as a result of a February 2020 conviction for charges that were initially filed as complicity to murder and complicity to robbery.
According to a criminal complaint, on June 2, 2020, the victim was driving a black 2017 Subaru Forester with a friend down Bardstown Road. The two victims ran into protestors and police activity on Bardstown – they parked to see what was going on. As the victims were walking they were asked for a ride by two females and five males. They all walked back to the victims’ Subaru, however, only three of the males got in the car.
The victim continued to drive down Bardstown, but was caught in traffic. According to the victim, she was uncomfortable with the men in the car, and told them she needed to get gas. She was directed by one of the men to BP, where one of the men put $20 worth of gas in the Subaru. The driver was then directed to drive to three different houses.
The victim reported she wanted the men out of the car, and as she turned to tell them she needed to get home one of the men in the rear passenger side of the car pointed a gun at her. At that point both victims were forced out of the car. The men attempted to take their cell phones, according to the complaint. A minor struggle ensued and one of the men was sprayed with mace by the owner of the car.
The federal carjacking charge carries a penalty of no more than 15 years, a maximum fine of $250,000 and no more than three years of supervised release.
The Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Homeland Security Investigations, the Louisville Metro Police Department, the Kentucky State Police, the Jefferson Co. Sheriff’s Office, and the United States Attorney’s Office comprise the task force with additional local departments expected to participate as well.
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Ex-correctional officer sentenced to federal prison for accepting bribesRead the Press Release
WAYCROSS, GA: A former correctional officer has been sentenced to federal prison for accepting bribes in return for smuggling contraband to an inmate.
Micheal Eaddy, 25, of Blackshear, Ga., was sentenced to six months in prison after pleading guilty in U.S. District Court to one count of Bribery, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. At the time of the offense, Eaddy was a correctional officer at D. Ray James Correctional Facility, a private prison operated under federal contract in Folkston, Ga. After completion of his prison term, Eaddy must serve three years of supervised release.
“Michael Eaddy sold out his fellow corrections staff and forfeited his own freedom when he accepted money in return for smuggling contraband into the prison,” said U.S. Attorney Christine. “His crime endangered other prison guards and the security of the entire facility, and as a result he’ll now spend time on the wrong side of the prison bars.”
In his guilty plea, Eaddy admitted accepting a bribe of $246.25 from inmate Jean Civil, 25, of Port-au-Prince, Haiti, in return for smuggling cigarettes into the prison. Investigators discovered the activity after seizing a contraband phone from Civil and reading electronic conversations between Civil and Eaddy.
After pleading guilty to Possession of Contraband, Civil received one month added to his current sentence of 78 months for Conspiracy to Distribute 500 Grams or More of Cocaine.
“Eaddy put his own interests above his duties when he accepted bribes from an inmate and smuggled contraband into the prison he was supposed to secure,” said Special Agent in Charge James F. Boyersmith, Department of Justice Office of the Inspector General, Miami Field Office. “He will rightly serve time for his actions, which put his fellow correctional officers, prison staff, and the entire institution at risk.”
The case was investigated by the U.S. Department of Justice Office of the Inspector General, and prosecuted for the United States by Assistant U.S. Attorney Marcela C. Mateo.
Ellington Man Sentenced to Nearly 29 Years in Federal Prison for Child Exploitation OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that SIMON HESSLER, 48, formerly of Ellington, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 347 months of imprisonment, followed by 10 years of supervised release, for child exploitation offenses.
According to court documents and statements made in court, in October 2018, a Connecticut State Police detective identified Hessler as a person possibly involved in the sex trafficking of minors. Hessler began communicating with the detective, who was acting in an undercover capacity, and told the detective that he maintained a sex dungeon on the top floor of his office building that was full of devices including a cage, stocks, handcuffs, whips and other devices. Hessler offered to pay the detective $500 for two-days of “slave training” and “limitless sex” with a 12-year-old “DCF child.” Once the detective agreed to the “sale,” Hessler required the “DCF child” be left in a trailer near a hotel he operated in Manchester, and told the detective to send him a picture of the child gagged, blindfolded and handcuffed before he would reveal the location of the cash payment. After the detective sent Hessler a photo of an image that appeared to be a child bound on the floor of a trailer, Hessler revealed the location of the money. On November 13, 2018, Hessler was arrested after he exited his car and began walking toward the trailer.
After his arrest, investigators accessed a USB drive that had been inside a safe in Hessler’s “sex dungeon” in Vernon. The USB drive contained thousands of photos and videos that contained both child pornography and child erotica, including approximately 60 images of a specific female who was under the age of 12. The investigation revealed that, between July 2016 and November 2018, Hessler sexually abused the minor female, and he used a used a cellular phone to produce images of the sexual abuse.
Hessler has been detained in state custody since his arrest. On December 11, 2019, he pleaded guilty in federal court to one count of production of child pornography.
Hessler also was charged in both the Hartford Judicial District and the Tolland Judicial District with related state offenses. On December 17, 2019, he pleaded guilty to several of those offenses, including two counts of sex assault in the fourth degree, two counts of risk of injury, and multiple counts related to his attempt to commit commercial sex abuse of a minor under the age of 13, unlawful restraint and attempt to commit intentional cruelty. Today’s sentencing is part of a global resolution of all federal and state charges. Hessler is expected to be sentenced to 30 years of incarceration for the state offenses, and Judge Underhill ordered Hessler’s federal sentence to run concurrently with his state sentence.
This matter was investigated by the Connecticut State Police and the Federal Bureau of Investigation. The case federal case was prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
U.S. Attorney Durham thanked the Hartford and Tolland State Attorney’s Offices for their cooperation in the investigation and prosecution of this case.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
El Paso County Man Sentenced to Federal Prison for Possession of Stolen MailRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Jeffrey Hermansen, age 37, of El Paso County, Colorado, was sentenced to serve 27 months in federal prison, followed by 3 years on supervised release, for possession of stolen mail. Hermansen appeared remotely in custody and was remanded at the hearing’s conclusion. The U.S. Postal Inspection Service joined in today’s announcement.
According to the stipulated facts in his plea agreement, on December 18, 2018, law enforcement found Hermansen in an El Paso County hotel room, taking him into custody based on an active warrant for a federal supervised release violation. While conducting a protective sweep of his hotel room, officers noticed a mail parcel addressed to an individual other than Hermansen. Police contacted that person and discovered that the package had been stolen while in the mail. With that information, officers obtained a search warrant for the hotel room, where they discovered 452 pieces of stolen mail, including stolen credit cards, gift cards and checks either from or addressed to 33 victims. The total loss for the stolen mail possessed by the defendant was approximately $24,257.00.
“The public must be able to rely on a safe and secure mail system,” said U.S. Attorney Jason Dunn. “ Hopefully others considering such crimes will see the serious penalties here and think again.”
“Postal Inspectors across Colorado are always ready to seek those who disrupt the safe passage of the U.S. Mail, and bring them to justice,” said Ruth M. Mendonça, Inspector in Charge of the Denver Division of the U.S. Postal Inspection Service. “We hope today’s sentence will serve as a deterrent to all mail thieves, proving they cannot hide from the diligent work of the U.S. Postal Inspection Service.”
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-487. The sentence was pronounced by Chief U.S. District Court Judge Phillip A. Brimmer. Hermansen was prosecuted by Assistant U.S. Attorney Brian M. Dunn.
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.
Eighteen Defendants Charged in Long-Term Investigation of the Lowrider Criminal Street GangRead the Press Release
DAVENPORT, Iowa – Eleven members and associates of the Lowriders, a Davenport- based street gang, have been charged in federal court in Davenport for various crimes, including violent crimes in aid of racketeering, drug trafficking, tampering with witnesses, the knowing transfer of a handgun to a juvenile, lying to the grand jury, use of persons under 18 years of age in drug operations, and firearms charges. Five members or associates of the Lowriders are charged in state court for intimidation with a dangerous weapon, willful injury, criminal gang participation, and drug- related offenses.
Two other members were previously charged with federal firearms violations. Specifically, in November 2019, Alejandro Francisco Herrera, Jr. was sentenced after pleading guilty to being a prohibited person in possession of a firearm and possession of a controlled substance. In February 2020, Zacharia Allen Clark was sentenced to 200 months of imprisonment after pleading guilty to being a prohibited person in possession of ammunition related to an incident in which he shot at another person in the parking lot of a Davenport nightclub.
Many of the defendants were arrested earlier this week stemming from a years-long investigation of this criminal gang trafficking organization. Those arrested on federal charges include AUSTIN NICHOLS, ADAN HERRERA, CODY HERRERA a/k/a Cody Williamson, KERRI JOANNE REITZ, JOSE MIGUEL PENA, ANDRES JOSEPH ARRIAGA, and TEVIN MAXWELL LIRA. In addition, MARCOS MAGDALENO, CALVIN MORROW, a juvenile defendant, and two others were charged with state crimes arising from this investigation. The identities of those who have not yet been arrested remain sealed at this time.
The charges were announced by Marc Krickbaum, United States Attorney for the Southern District of Iowa; Mike Walton, Scott County Attorney; and Paul Sikorski, Davenport Police Chief. In addition, the Federal Bureau of Investigation, Drug Enforcement Administration, Iowa Department of Criminal Investigations, Bettendorf Police Department, Moline Police Department, and Scott County Sheriff’s Office assisted in the investigation.
“As the indictment alleges, the Lowriders street gang is a criminal enterprise,” said United States Attorney Marc Krickbaum. “Members of the gang illegally carry guns, peddle drugs, and shoot up neighborhoods while warring with rival gangs. We will continue to work with all our partners to charge these criminals in state court or federal court with whatever crimes we can prove, from attempted murder to witness tampering.”
“While we only have five of the gang members now as part of this takedown, we have been a part of prosecutions on these individuals for years, and have witnessed how much havoc they have been wreaking on our community,” stated Amy DeVine, First Assistant Scott County Attorney. “We are pleased to see the investigation lead to federal charges on so many of them because we know the sentencing guidelines on the federal side is much more appropriate than what is available to us on the state side. We are committed to coordinating with law enforcement and the federal government in order to appropriately handle these cases, every time that we can.”
“The Davenport Police Department is committed to leveraging all resources available to combat violent crime in our city,” stated Davenport Police Chief Paul Sikorski. “As you can see demonstrated through the collaborative efforts of local, county, state and federal law enforcement teamed up with our county and federal prosecutors to bring those responsible for violence in our community to justice.”
It is alleged that the Lowrider Street Gang is a criminal enterprise that engaged in racketeering activity, namely offenses involving controlled substances; acts involving murder; and acts relating to the tampering with a witness, victim, or informant. The Lowrider Street Gang and its members are alleged to have preserved and protected the profits of the gang through the threatened or physical use of violence and kept victims and witnesses in fear of the street gang through these threats of violence. In addition, it is alleged the Lowrider Street Gang provided support to gang members who were incarcerated for gang-related activities; and retaliated against acts of violence perpetrated against the street gang including acts of violence against rival gangs known as the West Side Mafia and Latin King street gang. The Lowrider Street Gang allegedly operated and conducted their affairs through a series of rules and policies; held regular meetings at which they discussed, planned, and otherwise engaged in criminal activity; and initiated new members through the practice of causing them to endure physical assaults conducted by members of the gang at various gang-related gatherings. It is alleged members agreed to distribute drugs, recruited juveniles to commit violent acts for the gang’s benefit, and agreed or conspired to commit acts of violence, including acts involving murder, against rival gangs.
DEFENDANTS
AUSTIN NICHOLS
Title 18, U.S.C. § 1959(a)(2) – Assault With a Dangerous Weapon in Aid of Racketeering
Maximum Penalty is 20 years of imprisonment
ADAN HERRERA
Title 26, U.S.C. §§ 5841, 5845, 5861(c), 5861(d), 5871 – Receipt or Possession of Firearm Made in Violation of NFA
Maximum Penalty is 10 years of imprisonment
Title 18, U.S.C. § 924(c)(1)(A)(i), 924(c)(1)(B)(i) – Possession of a Firearm in Furtherance of Drug Trafficking
Maximum Penalty is life imprisonment; mandatory minimum of 10 years of imprisonment
CODY HERRERA
Title 18, U.S.C. § 922(g)(3) – Prohibited Person in Possession of Firearms
Maximum Penalty is 10 years of imprisonment
KERRI REITZ
Title 18, U.S.C. § 3 – Accessory After the Fact
Maximum Penalty is 15 years of imprisonment
JOSE MIGUEL PENA
Title 18, U.S.C. § 1959(a)(2) – Assault With a Dangerous Weapon in Aid of Racketeering
Maximum Penalty is 20 years of imprisonment
ANDRES ARRIAGA
Title 18, U.S.C. § 1512 – Tampering With a Witness
Maximum Penalty is 20 years of imprisonment
Title 18, U.S.C. § 1623 – False Declarations Before a Grand Jury
Maximum Penalty is 5 years of imprisonment
TEVIN LIRA
Title 18, U.S.C. § 922(g)(1) – Felon in Possession of a Firearm
Maximum Penalty is 10 years of imprisonment
The years-long investigation culminated in the execution of federal gang and firearm search warrants at the following locations on August 10 and 11, 2020. Law enforcement officers seized four guns, one of which had an obliterated serial number; cocaine at two residences; marijuana, and Lowrider Street Gang paraphernalia at almost every location.
- 2100 block of West 18th Street, Davenport
- 1400 block of Sixth Street, Davenport
- 2200 block of West Second Street, Davenport
- 1700 block of West 17th Street, Davenport
- 1500 block of West 38th Street, Davenport
- 1600 block of West 9th Street, Davenport
- 1300 block of Warren Street, Davenport
- 5300 block of Gaines Street, Davenport
- 5100 block of North Fairmount Street, Davenport
- 700 block of LeClaire Street, Davenport
The charges in the indictment carry maximum penalties of between 10 years and life imprisonment. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines. There is no parole in the federal court system.
The public is reminded that charges contain only accusations and are not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Eight Robles Park Gang Members and Associates Indicted for Drug Trafficking ViolationsRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an
indictment charging eight members of a drug trafficking organization with offenses related to the distribution of cocaine and heroin. (See chart for details).According to court records, this investigation targeted illegal drug traffickers operating an open-air drug market in the Robles Park Housing Community in Tampa. During the course of the investigation, law enforcement officers seized approximately 2.5 kilograms of cocaine and approximately $52,000.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This investigation is the result of a partnership between the United States Attorney’s Office, the Drug Enforcement Administration, the Tampa Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Florida Highway Patrol, and the Lakeland Police Department. It will be prosecuted by the Assistant United States Attorney Callan L. Albritton.
This investigation is the result of the Organized Crime Drug Enforcement Task Forces (OCDETF) program. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
SUMMARY CHART
Name
(Age, Residence)
Charges
Penalties
Darron Dexter Matthew McNeal
(30, Tampa)
Conspiracy to distribute and possess with intent to distribute 5 kg or more of cocaine and 100g or more of heroin
Distribution of cocaine (3 counts)
Minimum mandatory term of 10 years, and up to life, in federal prison
Up to 20 years in federal prison per count
Jose Angel Andujar, a/k/a “Zay”
(43, Orlando)
Conspiracy to distribute and possess with intent to distribute 5 kg or more of cocaine
Possession of 500 g or more of cocaine with the intent to distribute
Minimum mandatory term of 15 years, and up to life, in federal prison
Minimum mandatory term of 5 years, and up to 40 years in federal prison
Tywon Jamarquise Spann
(24, Tampa)
Conspiracy to distribute and possess with intent to distribute 5 kg or more of cocaine
Distribution of cocaine (3 counts)
Minimum mandatory term of 10 years, and up to life, in federal prison
Up to 20 years in federal prison per count
Antonio A. Diaz, Jr.
(29, Tampa)
Conspiracy to distribute and possess with intent to distribute 5 kg or more of cocaine
Distribution of cocaine
Minimum mandatory term of 10 years, and up to life, in federal prison
Up to 20 years in federal prison
James Edward Moore, a/k/a “Doc”
(44, Tampa)
Conspiracy to distribute and possess with intent to distribute 5 kg or more of cocaine
Distribution of cocaine (2 counts)
Minimum mandatory term of 10 years, and up to life, in federal prison
Up to 20 years in federal prison per count
Zarron Dexter McNeal
(56, Tampa)
Conspiracy to distribute and possess with intent to distribute 100 g or more of heroin
Distribution of fentanyl and heroin
Minimum mandatory term of 5 years, and up to 40 years, in federal prison
Up to 20 years in federal prison
Omar Rashada Bacon
(33, Tampa)
Conspiracy to distribute and possess with intent to distribute 100 g or more of heroin
Minimum mandatory term of 5 years, and up to 40 years, in federal prison
Juan Manuel Corrales
(30, Tampa)
Conspiracy to distribute and possess with intent to distribute 100 g or more of heroin
Minimum mandatory term of 5 years, and up to 40 years, in federal prison
Drug-Dealing, White Supremacist Stripper Sentenced for Obstruction of JusticeRead the Press Release
TEXARKANA, Texas – A 28-year-old Dallas, Texas, man has been sentenced for federal violations in the Eastern District of Texas, announced U.S. Attorney Stephen J. Cox today.
On March 6, 2020, a federal jury found Collin Garrett Hayden guilty of obstruction of justice, and he pleaded guilty to possessing a weapon in jail before the trial began. He was sentenced to 200 months in federal prison today by U.S. District Judge Robert W. Schroeder, III.
According to information presented in court, in 2016, law enforcement began an investigation into methamphetamine trafficking from Dallas into East Texas. During the investigation, police intercepted Hayden and his roommate on an undercover recording offering to sell drugs to another individual. Further investigation revealed Hayden sold cocaine in the Dallas strip clubs in which he performed, and additionally sold methamphetamine to a Shreveport, Louisiana buyer.
When Hayden learned of his pending federal charges, he turned on his roommate and threatened to kill him. Hayden later described his plan to have the roommate killed by members of Hayden’s white supremacist prison gang. While in custody at the Titus County jail, Hayden obtained a shank-type weapon and threatened to kill any guards who entered his cell, all in retaliation for a guard reporting Hayden for attempting to illegally obtain a cell phone by bribe. Hayden was indicted by a federal grand jury on April 19, 2017, and charged with federal violations.
The case was investigated by the Mount Pleasant office of the Texas Department of Public Safety, Criminal Investigation Division and prosecuted by Assistant U.S. Attorneys Jonathan R. Hornok and Donald Carter.
Department of Justice Awards over $1 Million in Forensic Grants to Aid Wyoming InvestigatorsRead the Press Release
Attorney General William P. Barr today announced that the Department of Justice has awarded more than $1 million in forensic grants to help Wyoming officials protect citizens from dangerous drugs, sexual perpetrators and violent criminals.
The Attorney General made the announcement during a roundtable meeting with state and local law enforcement officials in Wyoming, where he joined Wyoming Attorney General Bridget Hill, U.S. Attorney for the District of Wyoming Mark Klaassen, Interim Director of Wyoming Division of Criminal Investigation Forrest Williams, and DEA Acting Administrator Tim Shea.
“Wyoming law enforcement work diligently every day to combat drug traffickers and dangerous criminals in their state,” said Attorney General Barr. “The important investments in building lab capacity and expanding forensic capabilities announced today will help squelch the flow of illegal drugs, prevent sex offenders from doing additional harm, and keep violent criminals off the streets of Wyoming’s communities.”
“Every day across Wyoming, traffickers and dangerous criminals look to bring lethal drugs and violence into our communities, while law enforcement agencies across the state are working around the clock to keep crime and addiction at bay,” said U.S. Attorney Klaassen. “These new resources will give our investigators and crime lab professionals state-of-the-art tools that they can leverage in the fight to protect Wyoming’s citizens and ensure that justice is served.”
The three grants from the Department’s Office of Justice Programs are being made to the Wyoming Attorney General’s Office. Awards from OJP’s Bureau of Justice Assistance (BJA) will allow analysts to test samples and interpret results in cases involving violent crime and dangerous drugs. Some of the funds will go specifically to help toxicologists analyze opioids and reduce the backlog of opioids and synthetic drugs that have been submitted for testing. BJA funds will also cover training, equipment and overtime costs for DNA analysts. A grant from OJP’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART Office) will allow the entry of DNA evidence from sex offenses into the sex offender registry and help to upgrade technology, collection methods and storage capacity in an effort to link sexual perpetrators to other crimes in the DNA database.
States across the country are seeing a surge in activity involving methamphetamine and dangerous synthetic drugs like fentanyl. Wyoming is no exception. Drug traffickers use the state’s highways to transport illicit substances and introduce them into communities, where they fuel a cycle of addiction and crime. In July, a convicted drug courier received a 20-year prison sentence for carrying 46 pounds of meth along with significant quantities of cocaine, fentanyl and heroin. The case was the largest drug bust in the state’s history.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components is located at www.ojp.gov.
College Station man admits guilt to multiple charges under Project Safe ChildhoodRead the Press Release
HOUSTON – A 35-year-old Texan has entered a guilty plea to coercion and enticement as well as receipt and possession of child pornography, announced U.S. Attorney Ryan K. Patrick.
Ryan Dale McWhorter had been in a chat group dedicated to the sexual exploitation of children. There, he began communicating with someone he believed to be the stepfather of a 9-year-old girl. McWhorter expressed his sexual interest in the child and asked for naked photos of her, to include her genitals. He also wanted the girl to take a picture of herself touching her stepfather’s penis. The “stepfather” was actually an undercover law enforcement officer.
McWhorter, who was residing in College Station, also discussed his intentions to travel to Florida in order to have sex with the child.
He eventually admitted to the sexual communications. Law enforcement also seized his cellphone. Forensic analysis of that device revealed 40 images of children engaged in sexually explicit conduct which included children under the age of 5.
They also discovered another chat, during which he received a video of child pornography and saved it to the photo gallery on his phone.
McWhorter has been in custody since he was found to be a flight risk and a danger to the community. He will remain there pending his sentencing, which is set for Nov. 16 before U.S. District Judge Lynn N. Hughes. At that time, McWhorter faces up to life in prison for the coercion and enticement conviction, while the receipt and possession of child pornography charges carry additional penalties up to 20 and 10 years, respectively. He could also be ordered to pay up to a $250,000 fine.
The FBI - Bryan Resident Agency and Jacksonville, Florida, Field Office conducted the investigation along with the College Station Police Department.
Assistant U.S. Attorney Kimberly Ann Leo is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
Cincinnati Man Indicted for Distribution of Drugs that Resulted in a DeathRead the Press Release
COVINGTON, Ky. - Daniel J. Huegel, 23, of Cincinnati, was indicted by a federal grand jury sitting in Covington, for one count of distributing a controlled substance resulting in death.
The indictment alleges that, on or about March 23, 2020, in Boone County, Ky., Huegel distributed fentanyl, which resulted in the death of the victim.
The investigation preceding the indictment was conducted jointly, by the DEA and the Northern Kentucky Drug Strike Force.
If convicted, Huegel faces a minimum of 20 years in prison, up to a maximum of life in prison. However, any sentence following conviction would be imposed by the Court, after its consideration of the United States Sentencing Guidelines and the federal statutes governing the imposition of sentences.
An indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial, at which the government must prove guilt beyond a reasonable doubt.
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Camden County Man Charged with Attempting to Hire Hitman on Dark Net to Kill Victim of His Child Pornography CrimeRead the Press Release
CAMDEN, N.J. – A Camden County, New Jersey, man under investigation by the Atlantic County Prosecutor’s Office for child pornography-related offenses was arrested today for allegedly paying $20,000 in Bitcoin to have the child victim murdered, U.S. Attorney Craig Carpenito announced.
John Michael Musbach, 31, of Haddonfield, New Jersey, is charged by complaint with one count of murder-for-hire. He is scheduled to appear this afternoon by videoconference before U.S. Magistrate Judge Karen M. Williams.
According to documents filed in this case and statements made in court:
In the summer of 2015 Musbach began communicating via an Internet Relay Chat (IRC) website with his victim, who was 13 years old at the time. At some point, Musbach began using those IRC conversations to request and receive sexually explicit videos and photographs of the minor victim and to send to the victim sexually explicit videos and photographs of himself.
In September 2015 the victim’s parents discovered the nature of Musbach’s communications with the victim and notified local law enforcement officers in the State of New York, where the victim resided. Officers began investigating Musbach’s conduct and called Musbach to notify him that he was under investigation for his online sexual contact with the victim and that he was to stay away from the victim. Upon identifying Musbach as a resident of Atlantic County, New Jersey, New York law enforcement officers reached out to the Atlantic County Prosecutor’s Office (ACPO), which continued the investigation.
On March 31, 2016, officers from the ACPO arrested Musbach on child pornography charges and executed a search warrant at his residence, then in Galloway, New Jersey. Law enforcement officers seized Musbach’s cellular telephone and also his business laptop provided to him by his then-employer, a cloud hosting company. Musbach admitted to having sent sexually explicit images and videos of himself to the victim and having requested and received sexually explicit images and videos from the victim, all while knowing that the victim was 13-years old.
On Oct. 11, 2017, Musbach pleaded guilty to endangering the welfare of a child (the victim) by sexual contact and was sentenced on Feb. 9, 2018, by a New Jersey Superior Court Judge to a two-year suspended sentence with parole supervision for life.
In 2019, a cooperating informant began providing information to agents from Homeland Security Investigations in St. Paul, Minnesota, and provided messages between Musbach and a murder-for-hire website, which operated on the dark net, and which purported to offer contract killings or other acts of violence in return for payment in cryptocurrency.
Those messages revealed that in May 2016, Musbach arranged for a murder-for-hire from the website. He asked if a 14-year-old was too young to target, and upon hearing that the age was not a problem, paid approximately 40 bitcoin (approximately $20,000) for the hit. Musbach repeatedly messaged the website’s administrator following up on the hit and asking when it would occur. When pressed for an additional $5,000 to secure the hit, Musbach eventually sought to cancel and asked for a refund of his $20,000. The website’s administrator then revealed that the website was a scam and threatened to reveal Musbach’s information to law enforcement.
Agents were able to confirm Musbach’s identity through several means, including linking him to the same screen name he used to communicate with the murder-for-hire website and also by tracing the flow of monies from Musbach’s bank account to the purchase of bitcoin used to pay for the hit.
The charge of use of interstate commerce facilities in the commission of murder-for-hire is punishable by a maximum potential penalty of 10 years in prison and a fine of the greater of $250,000, twice the gross profits to Musbach or twice the gross losses to the victim of his offense.
U.S. Attorney Carpenito credited special agents of the U.S. Department of Homeland Security, Homeland Security Investigations (HSI), in Newark, under the direction of Special Agent in Charge Jason Molina, and in St. Paul, Minnesota, under the direction of Tracy Cormier, with the investigation. He also thanked the Atlantic County Prosecutor’s Office for its assistance.
The government is represented by Assistant U.S. Attorney Diana Vondra Carrig in Camden.
The charge and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Burt Man Going to Prison for Five Years for Possession of Child PornographyRead 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 Adam Williams, 33, of Burt, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to serve 60 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on October 3, 2017, investigators executed a search warrant at the defendant's residence after discovering that Williams was utilizing a peer-to-peer network to distribute child pornography. Items seized from the defendant's residence that contained child pornography included a laptop computer, and a hard drive. A forensic analysis recovered in excess of 11,000 images and 290 videos of child pornography on the laptop and hard drive. Some of images included prepubescent minors and depictions of violence.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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Brooklyn Residents Charged with Arson of an NYPD Vehicle in ManhattanRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, John B. DeVito, Special Agent-in-Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), and Daniel A. Nigro, Commissioner of the New York City Fire Department (“FDNY”), announced today the arrest of COREY SMITH and ELAINE CARBERRY in connection with their destruction of a marked NYPD Homeless Outreach Unit van in Greenwich Village in Manhattan. SMITH and CARBERRY were arrested this morning and will be presented in Manhattan federal court before U.S. Magistrate Ona T. Wang later today.
Acting U.S. Attorney Audrey Strauss said: “As alleged, Corey Smith and Elaine Carberry deliberately set fire to an NYPD van, then minutes later returned to the vehicle and – once again using an accelerant – ensured its complete destruction. Thanks to the NYPD, the Fire Department, and the ATF, there was not further damage to life or property. The defendants are now in custody.”
ATF Special Agent-in-Charge John B. DeVito said: “These defendants, as alleged, set fire to a marked NYPD van under the cover of darkness, endangering the lives of all New Yorkers. ATF and our partners in the Arson and Explosives Task Force remain dedicated to seeking justice against those intent on using fire as a weapon.”
Police Commissioner Dermot Shea said: “Setting a police car on fire endangers police officers, firefighters, and nearby residents and properties. These organized efforts are not a form of protest, they are crimes. They cost the taxpayer and damage the cause of those engaged in legitimate protest. I commend the hard work of our detectives in this case together with our law enforcement and city partners, the United States Attorney for the Southern District of New York, the Bureau of Alcohol, Tobacco & Firearms, and the New York Fire Department.”
Fire Commissioner Daniel A. Nigro said: “Deliberately setting fires to damage property or harm others has no place in our city, or anywhere. The act of arson endangers the lives of New Yorkers and all first responders. I commend the excellent teamwork of our Fire Marshals, the NYPD, and ATF to apprehend those who needlessly destroy property and risk the lives of others.”
According to the allegations in the Complaint[1]:
On July 15, 2020, at approximately 4:35 a.m., using ignitable liquid, SMITH and CARBERRY set on fire a marked NYPD Homeless Outreach Unit van on the northwest corner of 12th Street and University Place. More specifically, as surveillance footage shows, at approximately 4:37 a.m., the NYPD van ignited in flames, and CARBERRY and SMITH walked away from the NYPD van. As they walked away, SMITH handed CARBERRY what appeared to be a bottle, which CARBERRY put in her purse. Minutes later, CARBERRY handed SMITH a bottle from her purse, and SMITH again walked towards the NYPD van, with CARBERRY following behind. Shortly after SMITH approached the NYPD van the second time, a larger fire appeared to ignite. CARBERRY and SMITH again walked away from the NYPD van, and SMITH again handed CARBERRY an object that appeared to be a bottle, which CARBERRY put in her purse.
An analysis of the materials found in the NYPD van confirmed the presence of an accelerant. The FDNY ultimately confirmed that the fire was deliberately set as an act of arson, resulting in the complete destruction of the NYPD van.
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SMITH, 24, of Brooklyn, New York, and CARBERRY, 36, of Brooklyn, New York, are each charged with one count of conspiracy to commit arson and one count of arson, each of which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the New York City Arson and Explosion Task Force of the ATF, the NYPD, and the FDNY.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Christy Slavik is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Agents Watched 5 Pounds of Heroin Exchange Hands in Rest Area Near TopekaRead the Press Release
TOPEKA, KAN. – A Kansas man was sentenced Wednesday to six years in federal prison for heroin trafficking, U.S. Attorney Stephen McAllister said.
Terrance Wills, 42, Kansas City, Kan., pleaded guilty to one count of possession with intent to distribute heroin. In his plea, Wills admitted he met two other men, who had transported the heroin from Texas, at a rest area near Topeka. Investigators had been following the load – almost five pounds of heroin -- since the couriers were stopped on Highway 54 near Meade, Kan.
McAllister commended the Kansas Highway Patrol, the Drug Enforcement Administration and Assistant U.S. Attorney Stephen Hunting for their work on the case.
15+ Year Prison Sentence for Career Criminal Caught with Illegal Guns, MethRead the Press Release
MACON, Ga. – A parolee with multiple prior felony convictions was sentenced to a total of 188 months in prison for illegally possessing firearms and distributing methamphetamine, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia.
Clifton Eugene Peterman, 51, of Eatonton, Georgia was sentenced on Wednesday, August 12 by U.S. District Judge Tilman E. “Tripp” Self to 120 months in prison after pleading guilty to one count possession of a firearm by a convicted felon and 188 months in prison after pleading guilty to one count possession with intent to distribute methamphetamine, to run concurrently for a total term of 188 months in prison. This federal sentence will run consecutively to his state sentence from Putnam County. There is no parole in the federal system.
Peterman was on parole following a 2015 conviction in the Superior Court of Putnam County for possession of methamphetamine, possession of a controlled substance and possession of a firearm by a convicted felon when deputies and officers with the Department of Community Supervisions conducted a legal search of his home, per the terms of Peterman’s parole. Officers found five firearms, including one semi-automatic rifle, one caliber lever action rifle, two semiautomatic pistols and .38spl caliber revolver. Officers also seized methamphetamine that Peterman admitted he was intending to sell. Peterman has multiple prior felony convictions. In addition to the 2015 conviction named above, Peterman was convicted on October 6, 2005 in the Superior Court of Jones County, Georgia for possession with intent to distribute methamphetamine, theft by receiving stolen property, possession of a firearm by a convicted felon and possession of a sawed off shotgun. Peterman was also convicted on March 21, 2006 in the Middle District of Georgia for possession of a sawed-off shotgun.
“The defendant is a career criminal that clearly has no respect for the law and has shown no remorse for his past crimes. He will now spend the next 15 years in a federal prison, where there is no parole, and he will no longer be free to wreak havoc in our community,” said U.S. Attorney Charlie Peeler. “I want to thank the Department of Community Supervision, the Morgan County Sheriff’s Office, the Putnam County Sheriff’s Office and the FBI for their work in this case.”
"Peterman will get yet another chance to turn his life around in prison, and if not, the communities he has preyed upon can at least take solace that he won't be able to threaten their well-being for a long time," said Chris Hacker, Special Agent in Charge of FBI Atlanta.
“As for Mr. Peterman, we are truly grateful for the federal assistance in this case. Clifton Peterman is career criminal, a true recidivist and a virtual crime machine. As the federal system doesn’t have the revolving door machine of meaningless parole and probation the State of Georgia maintains, we know that Peterman will literally be locked away for the next 15 years and his incarceration for such a period will truly protect the public from this type of criminal,” said Putnam County Sheriff Howard Sills.
The investigation was conducted as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/archives/projectguardian.
The case was investigated by the Putnam County Sheriff’s Office, the Morgan County Sheriff’s Office, the Georgia Department of Community Supervision and the FBI. Assistant U.S. Attorney Elizabeth Howard prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
10 Individuals Charged with Possessing Firearms in Brooklyn over Two Days in AugustRead the Press Release
Ten individuals were separately charged by complaint or indictment during the past week in the Eastern District of New York with being a felon in possession of a firearm.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, announced the arrests and charges.
“The one tried and true way to reduce the rapid spike in gun violence we’ve experienced in Brooklyn this summer is to take the guns out of the hands of repeat offenders and take those offenders off of our streets,” stated Acting U.S. Attorney DuCharme. “This is another example of the great results we’ve achieved with our Project Safe Neighborhoods program and I commend the outstanding work by this Office’s prosecutors, members of the New York City Police Department (NYPD), the FBI-NYPD New York Metro Safe Streets Task Force and the New York State Department of Parole for sending a clear message to convicted criminals that carrying a gun also carries serious federal consequences.”
As alleged, the following defendants, having previously been convicted in a court of a crime punishable by a term of imprisonment exceeding one year, intentionally possessed a firearm:
DASHAWN ANDREWS
On August 6, 2020 Andrews was indicted for possessing a Taurus, model PT-22, .22LR caliber pistol and ammunition on Livonia Avenue near Pennsylvania Avenue in Brooklyn.
PAOLO ALFARO BARBER
On August 6, 2020, in front of 2501 Newkirk Avenue in Brooklyn, NYPD Officers observed an L-shaped bulge in a bag hanging from Alfaro Barber’s neck. When the bag was searched, officers found a Taurus .38 caliber revolver loaded with six rounds of .38 caliber ammunition.
TERRENCE BROWN
On August 6, 2020, Brown was indicted for possessing a Taurus PT 111, 9mm pistol found in his apartment at 419 Blake Ave. in Brooklyn during a search by New York State Parole Officers and NYPD Officers.
JAHQUEL GIDDEON
On August 6, 2020, Giddeon was indicted for possessing a loaded Ruger 380 semi-automatic pistol found under a mattress during a search of his apartment on Rockaway Parkway by New York State Parole Officers.
MACYE MCCALL
On August 6, 2020, McCall was indicted for possessing a Taurus, Model 85, .38 Special caliber revolver. NYPD Officers discovered the gun after they pulled over a Range Rover in which McCall was a passenger for driving the wrong way down a one way street off Sutter Avenue in Brooklyn.
TONY MCQUEEN
On August 6, 2020, McQueen was arrested for possessing a Smith & Wesson Model M&P 9C caliber 9mm pistol loaded with 13 rounds of ammunition in a vehicle where he was found intoxicated and passed out behind the wheel at the intersection of Atlantic Avenue and Boyland Street in Brooklyn.
AVERY MILLINGTON
On August 6, 2020, Millington was indicted for possession of Charter Arms Undercover .38 Special Pistol loaded with five rounds of .38 caliber ammunition after he was observed driving a Hyundai the wrong way on Bristol Street near Newport Avenue in Brooklyn.
KEENEN NURSE
On August 4, 2020, Nurse was arrested on a complaint charging him with possessing a loaded Jimenez Arms .380 caliber semi-automatic pistol hidden under the stairwell in a residential building on Eastern Parkway in Brooklyn. Nurse’s DNA was found on the firearm.
MARVIN PICKETT
On August 6, 2020, Pickett was arrested on an indictment charging him with possessing a Taurus .380 caliber pistol while allegedly driving drunk and crashing into a Citibike stand at Nassau and Navy Streets in downtown Brooklyn on March 28, 2020.
AARON SWABY
On August 6, 2020, Swaby was indicted for possessing a Smith & Wesson, Model SD40VE, .40 caliber semi-automatic pistol inside a vehicle stopped by NYPD Officers for a traffic infraction on Surf Avenue in Brooklyn.
These 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. Attorney General William Barr has enhanced PSN as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorneys’ Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
The charges in the complaints and indictments are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants face up to 10 years’ imprisonment.
The government’s cases are being handled by the Office’s Criminal Division, General Crimes Section and Organized Crime and Gangs Section.
The Defendants:
DASHAWN ANDREWS
Age: 29
Brooklyn, New YorkE.D.N.Y. Docket No. 20-CR-285 (ILG)
PAOLO ALFARO BARBER
Age: 29
Brooklyn, New YorkE.D.N.Y. Docket No. 20-MJ-642
TERRENCE BROWN
Age: 24
Brooklyn, New YorkE.D.N.Y. Docket No. 20-CR-295 (WFK)
JAHQUEL GIDDEON
Age: 20
Brooklyn, New YorkE.D.N.Y. Docket No. 20-CR-289 (MKB)
MACYE MCCALL (also known as “Gunplay”)
Age: 27
Bronx, New YorkE.D.N.Y. Docket No. 20-CR-290 (ARR)
TONY MCQUEEN
Age: 32
Brooklyn, New YorkE.D.N.Y. Docket No. 20-MJ-643
AVERY MILLINGTON
Age: 25
Brooklyn, New YorkE.D.N.Y. Docket No. 20-CR-288 (LDH)
KEENEN NURSE
Age: 29
Brooklyn, New YorkE.D.N.Y. Docket No. 20-MJ-602
MARVIN PICKETT
Age: 38
Brooklyn, New YorkE.D.N.Y. Docket No. 20-CR-255 (BMC)
AARON SWABY
Age: 27
Brooklyn, New YorkE.D.N.Y. Docket No. 20-CR-287 (WFK)
Wednesday 12 August 2020
Winslow Man Sentenced to 10 Years in Federal Prison for Attempted Enticement of A MinorRead the Press Release
Fayetteville, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced that Jay Edward Thompson, age 43, of Winslow, Arkansas, was sentenced today to 120 months in federal prison without the possibility of parole followed by five years of supervised release on one count of Attempted Enticement of a Minor to Engage in Illegal Sexual Activity. The Honorable Timothy L. Brooks, United States District Judge, presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, In September 2019, the Homeland Security Investigations (HSI) Internet Crimes Against Children (ICAC) Task Force, the Arkansas State Police, and local law enforcement, set up an operation to target online predators in Northwest Arkansas. As part of the operation, undercover law enforcement investigators placed multiple advertisements on various online websites and mobile applications.
On September 25, 2019, an undercover investigator (UC), posing as a 13-year-old minor female, was contacted by Thompson after he responded to one of the advertisements using his email address. The following day, Thompson arranged to meet with the UC and was taken into custody.
Thompson was indicted in November 2019 and was found guilty by a federal jury sitting in Fayetteville, Arkansas on March 3, 2020.
This case was investigated by the Department of Homeland Security, the Internet Crimes Against Children (ICAC) Task Force and the Benton County Sheriff’s Department. Assistant United States Attorney Carly Marshall, Assistant United States Attorney Amy Driver and Assistant United States Attorney Dustin Roberts prosecuted the case for the United States.
Washington County Woman Indicted for Distributing a Fentanyl AnalogueRead the Press Release
PITTSBURGH - A resident of Washington County has been indicted by a federal grand jury in Pittsburgh on a charge of violating the federal narcotics laws, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Breanna M. Bane, age 28, of Fredericktown, Pennsylvania, as the sole defendant.
According to the Indictment, on July 3, 2020, Bane was found to have distributed and possessed with the intent to distribute a quantity of fentanyl analogue, a Schedule I controlled substance.
The law provides for a maximum total sentence of not more than 20 years in prison, a fine of up to $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Jerome A. Moschetta is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
ValueWise CEO Michael Mann Pleads Guilty to $100 Million FraudRead the Press Release
ALBANY, NEW YORK – Michael T. Mann, age 50, of Saratoga County, New York, pled guilty today to orchestrating a years-long fraud that caused more than $100 million in losses to banks, financing companies, and other businesses.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Mann operated ValueWise Corporation, based in Clifton Park, New York, as well as subsidiary companies including MyPayrollHR.com LLC. In pleading guilty, he admitted that from 2013 to September 2019, he engaged in a fraudulent scheme to deceive banks and financing companies into loaning his companies tens of millions of dollars. Because Mann could not repay the loans with legitimate business revenues, he expanded the fraud, by stealing and diverting millions of dollars that were entrusted to his payroll companies, and engaging in the daily kiting of millions of dollars among bank accounts he controlled.
Mann’s scheme collapsed in early September 2019, when one of his banks froze his accounts, setting off a chain of events that left his payroll companies unable to make payroll for hundreds of small business customers nationwide.
United States Attorney Grant C. Jaquith stated: “Michael Mann’s fraud was staggering. He caused more than $100 million in losses and wove a web of deception so complex that it eventually ensnared hundreds of small businesses and several thousand workers across the country. Today’s plea is the start of holding him accountable for the terrible harm he inflicted on these victims, as well as the banks and other companies that trusted him with their money and believed his sophisticated lies.”
FBI Special Agent in Charge Thomas F. Relford stated: “Michael Mann’s deception directly impacted thousands of people across the country. Helping himself to those funds left the businesses who trusted him with their payroll unable to pay their employees who survive on timely paychecks. While many of the businesses were able to recover, others experienced irreparable hits to their reputations. Today’s admission of guilt is a small step forward in their process to rebuild. The FBI will continue to work with our law enforcement partners to aggressively pursue and charge those who willingly defraud our citizens and banking institutions.”
Mann pled guilty to one count of conspiracy to commit wire fraud, one count of aggravated identity theft, nine counts of bank fraud, and one count of filing a false tax return.
Mann’s scheme had multiple layers, including:
- Mann obtained tens of millions of dollars in loans from three financing companies, located in New York, Colorado and California, respectively, by falsifying his companies’ revenues and receivables. Mann falsely told the financing companies that Minnesota-based UnitedHealth Group Incorporated (“UHG”) and its subsidiary OptumInsight Inc. (“Optum”), owed millions of dollars to his companies. Mann created fake invoices reflecting the fictitious debt and assigned them to the financing companies as collateral for the loans.
- Mann fraudulently obtained a line of credit (“LOC”) from several Capital Region banks, which had grown to $42 million by 2019. To obtain the LOC, Mann created companies whose sole purpose was to further the fraud by generating fake invoices, disguising sources of funds, and artificially inflating his assets; falsely represented to the banks that his fake businesses had revenues and receivables based on consulting work for Optum/UHG and other well-known companies, including 3M, Best Buy and T-Mobile; hid the tens of millions of dollars in loans he was receiving from the financing companies, and that he was using the LOC to pay down these loans; and provided false financial statements, and individual and corporate tax returns, to his outside auditor, which in turn made inaccurate reports to the banks.
- Mann misappropriated payroll monies, entrusted to MyPayrollHR and another company, by changing the instructions for digital Automated Clearing House (“ACH”) files that were supposed to transmit payroll from MyPayrollHR’s customers (employers) to the employees of the customers. Although his companies’ contracts with Cachet Financial Services specified that ACH transfers would route payroll funds from the employers’ accounts to a designated Cachet trust account and then directly to the customers’ employees, Mann changed the instructions inside digital ACH files provided to Cachet, in order to divert payroll funds from MyPayrollHR’s customers into accounts he controlled at Pioneer Bank. When Pioneer Bank froze Mann’s corporate accounts on or about August 30, 2019, it froze the payroll funds in those accounts, and caused several thousand people across the country to not receive a payroll payment. Cachet, as the guarantor of the payroll funds, paid about $7.2 million to the employees of MyPayrollHR’s customers.
Mann is scheduled to be sentenced on December 10, 2020 by Senior United States District Judge Lawrence E. Kahn. He will be sentenced to 2 years in prison on the aggravated identity theft conviction, and, on the other charges, faces maximum terms of 3 years (filing a false tax return), 20 years (wire fraud conspiracy), and 30 years (bank fraud). 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.
Mann has agreed to entry of an order requiring him to pay $101,038,793.31 in restitution, and to forfeit assets including $14,522,474.90 already seized by the Government, 30,000 common shares of Pioneer Bancorp Inc. already seized by the Government, and a 2020 Jeep Gladiator.
Mann is the second person to plead guilty in connection with this fraud. On February 6, 2020, former Optum employee Luke E. Steiner, age 32, of Minneapolis, Minnesota, pled guilty to conspiring with Mann to defraud two financing companies out of millions of dollars.
This case is being investigated by the FBI, as well as Internal Revenue Service-Criminal Investigation, and is being prosecuted by Assistant U.S. Attorneys Michael Barnett and Cyrus P.W. Rieck.
United States Attorney Mike Stuart Releases 'Back the Blue' VideoRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced the release of a ‘Back the Blue’ video supporting law enforcement in West Virginia and across the country. The video features Stuart, along with several staff members of the United States Attorney’s Office for the Southern District of West Virginia, voicing support for law enforcement.
“I’m proud as the United States Attorney for the Southern District of West Virginia to make it clear that I back the blue, that we back the blue, and that our progress in keeping our streets safe is a commitment that we share with our federal, state and local partners,” said United States Attorney Mike Stuart. “Recent efforts to defund, undermine and weaken the police will only make our communities less safe. The police are not the enemy. They are brave, courageous public servants. Our police officers should never be a target for those attempting to undermine public safety. God forbid if those that attempt to undermine our police are successful in their efforts. The public needs police protection now more than ever, especially in light of the violence surging across the country. I encourage members of the public to show their support for law enforcement all across this nation. We cannot continue to demoralize our police; we need to lift them up and have their backs as they work tirelessly to protect us every day. We keep them and their family members in our prayers.”
The video can be seen on the district’s YouTube page.
Follow us on Twitter: SDWVNews and USAttyStuart
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Two Defendants Charged in Connection with Methamphetamine Conversion Lab Uncovered in San JoseRead the Press Release
SAN FRANCISCO – A complaint was unsealed today in San Jose alleging that Mario Orozco and Teodoro Ayon-Ramos distributed methamphetamine, announced United States Attorney David L. Anderson and Drug Enforcement Administration Special Agent in Charge Daniel C. Comeaux. Both defendants were arrested at their residences, one in San Jose and the other in Los Banos, on August 11, 2020.
According to the complaint, the defendants sold approximately four ounces of methamphetamine to a cooperating source working with law enforcement. The transaction occurred in San Jose. The day before, Orozco agreed to sell the cooperating source approximately four ounces of methamphetamine for $3,500. In addition, Ayon-Ramos met a cooperating source in San Jose on June 18, 2020, and delivered the methamphetamine. The complaint alleges that Mario Orozco and Teodoro Ayon-Ramos violated statutes prohibiting drug distribution at 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)(viii).
The defendants made their initial appearances in federal court in San Francisco on August 12, 2020. They are currently being held in custody pending further proceedings. Orozco’s next appearance is scheduled for 10:30 a.m., on August 14, 2020, before U.S. Magistrate Judge Kandis A. Westmore. Ayon-Ramos’ next appearance is scheduled for 10:30 a.m., August 17, 2020, before U.S. Magistrate Judge Thomas S. Hixson. Both court appearances are scheduled to address issues regarding detention.
In documents filed in connection with the detention hearings, the government argued that defendants were engaged in a scheme to smuggle methamphetamine dissolved in buckets of paint to avoid discovery and to extract the methamphetamine at a warehouse and convert the drugs into its crystal form. According to the government, the defendants used a warehouse-type structure located on Stockton Avenue, San Jose, Calif., to process the drugs.
A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted of the offense charged in the complaint, the defendants each face a maximum sentence of 40 years and a minimum sentence of five years, and a fine of $5,000,000, for each violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)(viii). However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
This case was investigated and prosecuted by member agencies of the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state, and local law enforcement agencies.
Tulsa Doctor Enters Pleas of Guilty in Opioid Drug Conspiracy and Maintaining a Drug Involved PremisesRead the Press Release
TULSA, Okla. – A Tulsa physician pleaded guilty today in U.S. District Court to conspiring to distribute controlled substances, as well as maintaining a drug involved premises at his medical clinic where he and others acting on his behalf unlawfully issued prescriptions for controlled substances.
United States Attorney Trent Shores announced that Dr. Christopher V. Moses, D.O., 67, of Tulsa entered guilty pleas related to his leading a conspiracy to distribute controlled substances without a legitimate medial purpose and outside the scope of professional practice and his maintaining a drug involved premises. As a part of this conspiracy, Moses and his coconspirators unlawfully issued prescriptions for controlled substances, many of which included deadly opioid prescription drugs such as Hydrocodone, Oxycodone, and Fentanyl. Defendant Moses’ medical clinic was located at 8222 South Harvard Avenue, Tulsa, Oklahoma.
“Doctors who run “pill mills” are on notice: you will be investigated and prosecuted, and once convicted as a felon you will no longer be allowed to practice medicine. Whether a $1.8 million dollar money judgment, as in this case, or a term of imprisonment, this United States Attorney’s Office will hold you accountable,” said U.S. Attorney Shores. “Drug overdose deaths are a leading cause of death in the United States and almost 70 percent of those deaths involve a prescription or illicit opioid. The diversion of highly addictive and dangerous prescription opioid pills is the primary way in which people become addicted to opioids. We won’t turn a blind eye while you seek to profit from turning Oklahomans into opioid addicts.”
U.S. District Judge Gregory K. Frizzell set Moses’ sentencing for November 12, 2020. The charge of drug conspiracy carries a maximum statutory sentence of not more than twenty years in prison and a fine of not more than $1,000,000. The charge of maintaining a drug involved premises carries a statutory sentence of not more than twenty years imprisonment and a fine of not more than $500,000.
As a part of the plea agreement in this case, the United States and Defendant Moses have agreed to a sentence of one year of home confinement and five total years of probation. The defendant has agreed to forfeit his medical license and not seek reinstatement during the five year sentence. Additionally, Defendant Moses will pay $28,581.00 in restitution to two victims and a $200,000 fine.
The Drug Enforcement Administration conducted the investigation of this case. Assistant U.S. Attorney Joel-lyn McCormick prosecuted the case with assistance from AUSA Vani Singhal, AUSA Melody Nelson, and AUSA Reagan Reininger. AUSA McCormick is the Lead Attorney for the Organized Crime Drug Enforcement Task Force Unit for the Northern District of Oklahoma.
Troy Man Charged with Attempted Enticement of a ChildRead the Press Release
ALBANY, NEW YORK – Brian Botsford, age 24, of Troy, New York, was arrested on Monday and charged with attempting to entice or coerce a child.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The criminal complaint alleges that between July 14, 2020 and August 10, 2020, Botsford exchanged sexually explicit text messages with an undercover investigator who was posing as a 13-year-old girl. On August 10, 2020, Botsford traveled from Troy to Cohoes, New York, to meet and have sex with a 13-year-old child at a predetermined location. Botsford was encountered by law enforcement and arrested.
Botsford appeared in court yesterday for an initial appearance before United States Magistrate Judge Christian Hummel. Today, Botsford waived his right to a detention hearing, subject to renewal of that right upon further notice.
The charge filed against Botsford carries a sentence of at least 10 years and up to life in prison, a fine of up to $250,000, and a term of 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.
This case is being investigated by the FBI and its Child Exploitation Task Force, including investigators from the Colonie Police Department, and is being prosecuted by Assistant United States Attorney Rachel Williams.
Anyone with information about this defendant is encouraged to contact the FBI Albany Field Office at (518) 465-7551.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Office, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc/.
Three Nigerian Nationals Indicted for International Cyber Fraud ConspiracyRead the Press Release
United States Attorney Erica H. MacDonald today announced the unsealing of three separate indictments against OLUFEMI OLUWASEUN BANJO, a/k/a “Femi Banjo,” 37, FRANCIS NWABUEZE IWUOHA, 38, and OLUWADAMILARE GBENGA MACAULAY, 32, charging them with wire fraud, aggravated identity theft, and conspiracy. The defendants are at large and believed to be in Nigeria.
According to the allegations in the indictments, from approximately March 2016, through approximately February 2018, BANJO, IWUOHA, and MACAULAY, all citizens of Nigeria, gained unauthorized access to internet accounts of thousands of individual victims to steal Personal Identifying Information (PII) and IRS W-2 Forms, which they used to file false tax returns in the names of the individual victims seeking fraudulent refunds.
As part of the scheme, BANJO, IWUOHA, MACAULAY, and others gained unauthorized access to approximately 1,200 individuals’ accounts maintained by a Minnesota-based company that provides human resource and payroll services to numerous businesses. The accounts were registered with a web-based program that allowed employees to download a copy of their IRS Form W-2 from an internet portal. After fraudulently obtaining PII and tax information from the accounts, BANJO, IWUOHA, MACAULAY, and others used the information to prepare and electronically file fraudulent tax returns with the IRS.
As part of the scheme, BANJO, IWUOHA, MACAULAY, and others also gained unauthorized access to individuals’ accounts maintained by the Department of Education by exploiting an online tool that facilitates the transfer of individuals’ PII and tax information from the IRS website to the Department of Education. The defendants used the stolen information to prepare and electronically file fraudulent tax returns with the IRS. As a result of the scheme, BANJO, IWUOHA, MACAULAY, and others attempted to claim a total of approximately $16.4 million in fraudulent tax refunds.
These cases are the result of an investigation conducted by the Internal Revenue Service’s Criminal Investigation Division, the U.S. Department of Education, Office of Inspector General, and the FBI.
Assistant U.S. Attorneys Julie E. Allyn and Angela M. Munoz are prosecuting the cases.
Defendant Information:
OLUFEMI OLUWASEUN BANJO, a/k/a “Femi Banjo,” 37
Lagos, Nigeria
Charges:
- Conspiracy to commit wire fraud, 1 count
- Wire fraud, 4 counts
- Aggravated identity theft, 4 counts
FRANCIS NWABUEZE IWUOHA, 38
Lagos, Nigeria
Charges:
- Conspiracy to commit wire fraud, 1 count
- Wire fraud, 5 counts
- Aggravated identity theft, 5 counts
OLUWADAMILARE GBENGA MACAULAY, 32
Abuja, Nigeria
Charges:
- Conspiracy to commit wire fraud, 1 count
- Wire fraud, 3 counts
- Aggravated identity theft, 3 counts
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Three Individuals Arrested for Separate Schemes to Harass, Threaten, Intimidate and Bribe Alleged R. Kelly VictimsRead the Press Release
Three separate criminal complaints were unsealed yesterday in federal court in Brooklyn charging defendants Richard Arline, Jr., Donnell Russell and Michael Williams, respectively, with crimes relating to their efforts to harass, intimidate, threaten or corruptly influence individuals named as alleged victims in the racketeering case against Robert Sylvester Kelly, also known as “R. Kelly,” currently pending in the Eastern District of New York (the Kelly case).
Arline, Jr. is charged with attempting to corruptly persuade the testimony of an alleged victim in the Kelly case, identified in the complaint as “Jane Doe,” and engaging in misleading conduct towards the victim, with intent to influence, delay and prevent her testimony in the Kelly case, as well as corruptly offering something of value to the victim, with the intent to influence her testimony as a witness upon a trial, hearing and other proceeding. Arline, Jr. was arrested earlier today in Dolton, Illinois, and his initial appearance took place yesterday afternoon before United States Magistrate Judge Young B. Kim at the federal courthouse in Chicago, Illinois.
A second criminal complaint charges Russell with using the mail, the internet and cellular telephones to attempt to cause emotional distress to another individual identified in the complaint as “Jane Doe,” an alleged victim in the Kelly case, as well as Jane Doe’s mother, with the intent to harass and intimidate Jane Doe and her mother. Russell’s initial appearance will take place before a United States Magistrate Judge in the Eastern District of New York at a date to be determined in the near future.
A third criminal complaint charges Williams with using and attempting to use intimidation and threats against an alleged victim in the Kelly case, with intent to influence, delay and prevent her testimony in the Kelly case. The complaint also charges Williams with maliciously damaging and destroying a vehicle by means of fire and an explosive. Williams was arrested yesterday in Pompano Beach, Florida, and his initial appearance is scheduled for this morning at the federal courthouse in Fort Lauderdale, Florida.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations (HSI), New York Field Office, and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the charges.
“The defendants are separately charged with engaging in multiple crimes that were intended to undermine and subvert the integrity of the criminal justice system and victimize the women who have come forward with serious allegations of criminal conduct against the defendant R. Kelly,” stated Acting United States Attorney DuCharme. “Efforts to illegally influence pending federal cases, whether through threats of violence, intimidation, damage to property, or payments to buy a potential witness’s silence, will not be tolerated.”
Mr. DuCharme expressed his grateful appreciation to the HSI Field Offices in Chicago, Illinois, Fort Lauderdale, Florida, Long Beach, California, and Tampa, Florida; the Bureau of Alcohol, Tobacco, Firearms and Explosives Field Offices in Savannah, Georgia, and Tampa, Florida; the Florida Bureau of Fire, Arson & Explosives Investigations; the Broward County Sheriff’s Office, Florida, the Lowndes County Sheriff’s Office, Florida, the Polk County Sheriff’s Office, Florida and the Valdosta Police Department, Georgia, for their assistance in these cases.
“These crimes shock the conscience. The men charged today allegedly have shown that there is no line they will not cross to help Kelly avoid the consequences of his alleged crimes—even if it means re-victimizing his accusers. These acts not only fly in the face of human decency, they insult the very rule of law. HSI will continue to bring the full force of our investigative powers to pursue those seeking to attack witnesses and pervert the cause of justice. To the victims of these and other crimes: we stand with you. We will meet your bravery with our resolve to keep you safe to tell your story,” stated HSI Special Agent-in-Charge Fitzhugh.
“The bribery, intimidation and violence alleged in these complaints reflects a nationwide pattern of criminality that further victimized civilian witnesses in a federal case. Such behavior can never be accepted and I commend the NYPD investigators, federal agents and prosecutors from the U.S. Attorney’s Office for the Eastern District of New York in bringing these charges,” stated NYPD Commissioner Shea.
The Arline, Jr. Complaint
As alleged, between January 9, 2020 and June 2020, Arline, Jr., a self-proclaimed longtime friend of Kelly, attempted to illegally influence the cooperation and testimony of an alleged victim in the Kelly case. After learning of Arline Jr.’s plan, the victim contacted law enforcement, and under the supervision of law enforcement authorities, continued to communicate with him. During a series of consensually recorded telephone calls, as well as in calls and texts captured pursuant to a judicially authorized wiretap, Arline, Jr. discussed a scheme in which the victim would receive compensation, including a proposed payment of $500,000, to keep her from cooperating with the government. During one of the recorded telephone calls, Arline, Jr. claimed that he had communicated with Kelly while Kelly was incarcerated via a three-way call with another individual.
The intercepted communications also include Arline, Jr. discussing plans to pay the victim “to be quiet,” explaining that “if I had a way to talk to Rob [Kelly], being next to him, and telling him what’s going on, without nobody listening to, no feds, nobody, he gonna pay her . . . off to be quiet” because “[s]he got too much. She got too much.”
The Russell Complaint
As alleged, between November 2018 and February 2020, Russell, a self-described manager, advisor and friend of Kelly, used the mail, telephones and the internet to harass and intimidate Jane Doe, an alleged victim in the Kelly case, and her mother after Jane Doe filed a civil lawsuit against R. Kelly. Specifically, Russell threatened to reveal sexually explicit photographs of Jane Doe and to publicly reveal her sexual history if she did not withdraw her lawsuit against Kelly and “cease her participation and association with the organizers” of a “negative campaign” against Kelly. In November 2018, Russell caused a letter with attachments purportedly written by Kelly to be mailed to Jane Doe’s Brooklyn-based lawyer at the time. The attachments included cropped nude photographs of Jane Doe with the following text: “the next two pictures have been cropped for the sake of not exposing her extremities to the world, yet!!!” In December 2018, Russell, using his alias “Colon Dunn,” sent a series of text messages to Jane Doe and her mother, which contained the same photographs of Jane Doe, and stating “Just a sample. We will seek criminal charges. You’ve been warned,” as well as “Publishing soon” and “[T]his is Colon.”
On January 3, 2019, Russell allegedly sent additional text messages to Jane Doe and her mother, stating, “Pull the plug or you will be exposed.” On January 6, 2019, Russell, using the Colon Dunn alias, created a Facebook Page named “Surviving Lies,” a play on the title of Lifetime’s “Surviving R Kelly” documentary, and posted screen shots of text messages between Kelly and Jane Doe, which contained the same sexually explicit photographs of Jane Doe. In late January 2020, Russell appeared on two live interviews with “vloggers” discussing Kelly’s legal troubles, which were streamed live on the internet via YouTube. Russell again displayed the same sexually explicit photographs of Jane Doe and broadcast them publicly over the internet.
The Williams Complaint
As alleged, on or about June 11, 2020, Williams, a relative of an individual who once served as a publicist for Kelly, set fire to an SUV parked outside a residence in Florida where an alleged victim in the Kelly case and others were staying. The vehicle, leased by the victim’s father, was heavily damaged. Fire investigators also detected an accelerant along the outside perimeter of the residence. Cell site records, surveillance footage, toll records and photographs, and Williams’ internet searches for the victim’s address, revealed that Williams had driven from Georgia to the Florida residence. Williams also performed internet queries about the detonation properties of fertilizer and diesel fuel, witness intimidation and witness tampering, and countries that do not have extradition with the United States.
The charges in the complaints are allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Civil Rights Section. Assistant United States Attorneys Elizabeth A. Geddes, Nadia I. Shihata and Maria Cruz Melendez are in charge of the prosecution.
The Defendants:
RICHARD ARLINE, JR.
Age: 31
Dolton, ILDONNELL RUSSELL, also known as “Don Russell” and “Colon Dunn”
Age: 45
Chicago, ILMICHAEL WILLIAMS
Age: 37
Valdosta, GAE.D.N.Y. Docket Nos: 20-MJ-239; 20-MJ-629; 20-MJ-630
Three Arrested in Connection with International Money Laundering ConspiracyRead the Press Release
ALBANY, NEW YORK – Three men have been arrested for their roles in a $46.8 million money laundering scheme involving the smuggling of cut rag tobacco into Canada from the United States.
The announcement was made by United States Attorney Grant C. Jaquith; Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and Jonathan D. Larsen, Special Agent In Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (IRS-CID).
Edgar M. Baker, Jr., age 46, of Southern Pines, North Carolina; Jeffrey Doctor, age 48, of Washington, D.C.; and Carey Terrance, age 39, of Hogansburg, New York, were arrested last week following their indictment on July 23, 2020, on one count of conspiracy to commit money laundering.
The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
The indictment alleges that, from approximately 2013 to 2016, the defendants worked together and with others to acquire cut rag tobacco and smuggle it into Canada, where it was made into contraband cigarettes. Members of the conspiracy sold the contraband cigarettes, making substantial profits by avoiding taxes and duties, and used some of their profits to buy more cut rag tobacco that they sent into Canada.
Funds to purchase the cut rag tobacco were sent from Canada, often through the Northern District of New York, to North Carolina. Once purchased, the cut rag tobacco was delivered to warehouses and buildings in the Northeastern United States, including on the Akwesasne St. Regis Mohawk Indian Reservation, where it was staged for smuggling into Canada. Each truckload of cut rag tobacco in the scheme (totaling over 18 million pounds) was worth approximately $3 million in lost tax revenue for the Canadian and Quebecois governments.
If convicted, each defendant faces up to 20 years in prison, a fine of up to $500,000 or twice the value of the funds involved in the conspiracy, and a term of supervised release of up to 3 years. 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.
This case is being investigated by HSI and IRS-CID, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.
Thirteen Sentenced in Multi-State Methamphetamine Trafficking Conspiracy to 145 Combined Years in Federal PrisonRead the Press Release
Greenville, South Carolina --- United States Attorney Peter M. McCoy, Jr. announced today that Fernando Lara, 45, of Marietta, Georgia, was sentenced to 25 years in federal prison, marking the thirteenth and final defendant to be sentenced in a large methamphetamine trafficking conspiracy in Georgia and the Upstate region of South Carolina. The sentences, which total 145 years in federal prison, come after twelve guilty pleas and Lara’s conviction at trial.
“These armed drug dealers posed a serious threat to the people of South Carolina and Georgia, which is reflected in the more than a century of federal prison time imposed,” said U.S. Attorney McCoy. “Along with our federal, state, and local partners we brought this criminal enterprise to an end and we will continue to vigorously prosecute those who endanger their communities.”
“Methamphetamine continues to ravage many communities in our nation,” said Drug Enforcement Administration (DEA) Atlanta Field Division Special Agent in Charge Robert J. Murphy. “Because of the positive results yielded in this case, other methamphetamine manufacturers in the upstate of South Carolina and elsewhere should be put on notice that DEA, its law enforcement partners and the U.S. Attorney’s Office will not tolerate their continued efforts to manufacture and distribute this insidious drug.”
“Cases like this have an immediate and positive impact on the community,” said Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Charlotte Special Agent in Charge Vince Pallozzi. “A substantial number of firearms have been recovered, a large amount of narcotics seized and taken off the streets, and, most important, numerous individuals that threatened our communities are now in prison. This is a collaborative win for public safety.”
Evidence presented at Lara’s trial established that he was a methamphetamine trafficker from Georgia who would sell pure methamphetamine in kilogram quantities to a co-defendant, Angela G. Skelton, 41, of Starr, who would bring the methamphetamine back into the Upstate region of South Carolina for distribution. Lara would often offer a better price on methamphetamine in exchange for firearms from Skelton. On January 16, 2019, Lara and Skelton were pulled over on Interstate 85 in Anderson County with approximately two kilograms of methamphetamine and a loaded pistol in the vehicle.
As to the other co-defendants, evidence presented to the court established that beginning in or around August 2017, co-defendant Briand F. Zapata-Rodriguez, 45, of Sandy Springs, Georgia, would transport kilogram quantities of methamphetamine from around Atlanta into the Upstate region of South Carolina, primarily into Anderson and Abbeville Counties. Zapata-Rodriguez would then use a network of runners and distributors to break up and distribute the methamphetamine throughout the Upstate. Several of the traffickers illegally possessed firearms and ammunition during the course of their drug trafficking activity. During the course of the investigation, agents seized over 30 kilograms of methamphetamine, 36 firearms, more than 1,000 rounds of ammunition, and more than $157,000 in cash. Evidence presented to the court indicated that this drug trafficking organization was responsible for the distribution of over 214 kilograms of methamphetamine during its time operating in Georgia and South Carolina.
United States District Judge Donald C. Coggins, Jr., presided over the case. In addition to Lara’s 300-month sentence, to be followed by a five-year term of court-ordered supervision, the following Defendants were sentenced in the case:
- Skelton: 52 months, to be followed by a five-year term of court-ordered supervision;
- Zapata-Rodriguez: 280 months, to be followed by a five-year term of court-ordered supervision;
- Christopher C. Presley, 29, of Honea Path: 145 months, to be followed by a five-year term of court-ordered supervision;
- Jonathan E. Gilmer, 37, of Starr: 360 months, to be followed by a five-year term of court-ordered supervision;
- Tara M. Thomason, 41, of Iva: 108 months, to be followed by a ten-year term of court-ordered supervision;
- Tena M. Todd, 47, of Calhoun Falls: 72 months, to be followed by a five-year term of court-ordered supervision;
- Randy N. Gilliam, 60, of Honea Path: 48 months, to be followed by a five-year term of court-ordered supervision;
- Michael R. Mitchem, 55, of Iva: 80 months, to be followed by a five-year term of court-ordered supervision;
- Matthew J. Green, 41, of Belton: 48 months, to be followed by a five-year term of court-ordered supervision;
- Christian D. Black, 30, of Honea Path: 96 months, to be followed by a five-year term of court-ordered supervision;
- Jesse L. Williams, 30, of Honea Path: 125 months, to be followed by a four-year term of court-ordered supervision; and
- Florence A. Gilmer, 43, of Anderson: 36 months of court-ordered supervision.
There is no parole in the federal system. This case was investigated by the DEA, ATF, Anderson County Sheriff’s Office, City of Anderson Police Department, Abbeville County Sheriff’s Office, and City of Greenwood City Police Department. This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant United States Attorney Sloan P. Ellis of the Greenville office prosecuted the case.
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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.
- Skelton: 52 months, to be followed by a five-year term of court-ordered supervision;
Texas Man Sentenced to Two Years in Prison for Participation in Multimillion-Dollar Business Email Compromise SchemeRead the Press Release
Audrey Strauss, Acting United States Attorney for the Southern District of New York, announced that JOSHUA IKEJIMBA, a/k/a “Johnson Ifeanyi Gbono,” a/k/a “Alfred Henshaw,” a/k/a “Peterson Kamara Lawson,” a/k/a “Ganiru Paul Thompson,” pled guilty and was sentenced in Manhattan federal court today for conspiring to commit wire fraud as part of a wide-ranging, international business email compromise (“BEC”) syndicate. IKEJIMBA was sentenced to 24 months in prison by U.S. District Judge Jesse M. Furman.
Acting U.S. Attorney Audrey Strauss said: “As he admitted in court today, Joshua Ikejimba played a key role in an international business email compromise conspiracy. For his admitted crime, Ikejimba will serve a two-year prison sentence and be compelled to make restitution to the victims of his fraud.”
According to the allegations in the Indictment, other court filings, and statements made during court proceedings:
During the relevant time period, IKEJIMBA, his co-defendants, and others engaged in a fraudulent BEC scheme that deceived numerous victims, including international companies, individuals, and an intergovernmental organization headquartered in New York City, into diverting payments to bank accounts controlled by the syndicate.
The defendants executed this fraudulent scheme by, among other things, obtaining fraudulent passports in false names, registering and incorporating shell companies, and opening fake bank accounts at various banks throughout the United States. A substantial number of victims were tricked by fake emails and fraudulent wiring instructions into sending funds to the syndicate’s bank accounts, and those amounts were then withdrawn by members of the conspiracy and dissipated. During the period from about 2016 through about July 2018, it appears the defendants obtained approximately $8 million by defrauding numerous victims.
IKEJIMBA had a multi-faceted role in the BEC scheme, which included using fraudulent identities and false identification documents to open bank accounts; using those accounts to receive funds from victims; and forming a shell corporation to launder hundreds of thousands of dollars in additional fraud proceeds, principally by purchasing or depositing cashier’s checks that represented stolen funds. Through his participation in the scheme, IKEJIMBA was personally responsible for receiving and laundering approximately $1.25 million in fraud proceeds.
* * *
IKEJIMBA, 25, of Houston, Texas, pled guilty to, and was sentenced on, one count of conspiracy to commit wire fraud. In addition to the 24-month prison term, IKEJIMBA was sentenced to three years of supervised release. IKEJIMBA was further ordered to forfeit $1,250,766.03, and to pay restitution to his victims in the amount of $1,238,748.93.
Ms. Strauss praised the outstanding investigative work of the Federal Bureau of Investigation. The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Olga I. Zverovich and Jarrod L. Schaeffer are in charge of the prosecution.
Rosebud Man Sentenced for Threatening a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Influencing a Federal Officer by Threat was sentenced on August 10, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Anthony One Star, Jr., a/k/a Tony One Star, a/k/a Sonny One Star, age 32, was sentenced to 26 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
One Star was indicted by a federal grand jury on January 22, 2020. He pled guilty on May 19, 2020.
The conviction stemmed from an incident that occurred on December 15, 2019, in the Two Strike Community near Rosebud. On that date, a Rosebud Sioux Tribe Law Enforcement Services Officer responded to a report of an intoxicated male walking in the roadway. When the officer arrived in the area, he observed One Star dressed in all black and walking in the middle of the roadway. One Star was arrested for public intoxication and disorderly conduct. While he was being transported to the Rosebud Sioux Tribe Adult Correctional Facility, One Star remarked that he was a cop killer and that he was going to find and kill the officer when the officer was off duty.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
One Star was immediately turned over to the custody of the U.S. Marshals Service.
Reading, PA Man Sentenced to 19+ Years for Stockpile of 200,000+ Images of Child PornographyRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that James Millette, 33, of Reading, PA, was sentenced to 235 months (over 19 years) in prison and lifetime supervised release by United States District Judge Joseph F. Leeson, Jr., for multiple child pornography charges. The defendant was also ordered to pay a total of $66,000 in restitution to the various victims depicted in these images.
In February 2020, Millette pleaded guilty to charges of possession and receipt of child pornography. The charges stem from the defendant’s February 7, 2019 arrest at his apartment, during which he was found to be in possession of an enormous collection of child pornography, including images depicting prepubescent minors. In total, more than 200,000 images and videos depicting child pornography were recovered from various electronic devices found in the defendant’s possession.
“The amount of child pornography seized in this case is stunning,” said U.S. Attorney McSwain. “Millette is a depraved hoarder of these illegal images – every one of which was made at the expense of an innocent child, whose life will never be the same. Protecting children by prosecuting criminals like Millette is a top priority of my Office.”
“James Millette couldn’t get enough of these abhorrent images of young children being sexually abused,” said Michael J. Driscoll, Special Agent in Charge of the FBI's Philadelphia Division. “Consumers of child pornography like him perpetuate the exploitation of child victims, something the FBI simply won’t abide. May this lengthy prison sentence be a warning to others involved with such repulsive material. Our Child Exploitation Task Force could soon be knocking at your door.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Matthew Newcomer.
Queens Man Pleads Guilty to Defrauding Pharmaceutical ManufacturerRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Arkadiy Khaimov pleaded guilty before United States Magistrate Judge A. Kathleen Tomlinson to conspiring to commit mail and wire fraud by defrauding a pharmaceutical manufacturer of approximately $6.9 million by submitting fraudulent claims under the manufacturer’s Co-pay Coupon Program. As part of the plea, Khaimov agreed to forfeit approximately $489,000 as proceeds involved in the fraudulent scheme. When sentenced, Khaimov faces up to 20 years in prison.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, announced the guilty plea.
“With today’s guilty plea, Khaimov is held accountable for bilking a program designed to reduce the cost of prescription medicines so that he could line his own pockets with millions of dollars,” stated Acting United States Attorney DuCharme. “The defendant will now face the consequences of his fraudulent scheme.” Mr. DuCharme expressed his grateful appreciation to the Federal Bureau of Investigation, New York Field Office, United States Postal Inspection Service and Internal Revenue Service-Criminal Investigation for their exemplary work on the case.
The pharmaceutical manufacturer, referred to in the indictment as “John Doe Company 1,” established the Co-pay Program to reimburse pharmacies for dispensing a prescription medication. Between approximately February 2017 and July 2018, Khaimov and his co-conspirators submitted claims for approximately $6.9 million in reimbursements under the Co-pay Program for the medications that pharmacies operated by the defendant and his co-conspirators never actually dispensed. In some cases, Khaimov and his co-conspirators fraudulently used the credentials of a Nassau County-based physician to submit the false claims.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Bradley T. King, Madeline O’Connor and Department of Justice Trial Attorney Andrew Estes are in charge of the prosecution.
The Defendant:
ARKADIY KHAIMOV (also known as “Alex”)
Age: 37
Forest Hills, QueensE.D.N.Y. Docket No. 20-CR-267 (SJF)
Previous Recipient of Executive Commutation Federally Indicted for Armed Drug TraffickingRead the Press Release
BOWLING GREEN, Ky. – A Logan County, Kentucky, man, who previously received a commuted sentence for a felony drug conviction by former Gov. Matt Bevin has today been federally charged with armed drug trafficking, announced United States Attorney Russell Coleman.
“This is the type of collaboration that those we serve should expect from the new U.S. Attorney’s Office Bowling Green Branch working alongside our partners in the recently federally-designated South Central Kentucky Drug Task Force in Logan and Simpson Counties,” said United States Attorney Russell Coleman.
Kenneth S. Embry, 33, of Russellville, Kentucky, has been charged via a three count federal indictment with possession with intent to distribute methamphetamine, possession of a firearm by a prohibited person, and possession of a firearm in furtherance of drug trafficking.
According to a criminal complaint, on or about April 1, 2020, Agents with the South Central Kentucky Drug Task Force learned Embry was trafficking large amounts of methamphetamine. Utilizing investigative techniques task force agents obtained a warrant for a motel room occupied by Embry. A search of his car revealed approximately 166 grams of crystal methamphetamine and a Colt .380 semiautomatic pistol. A search of the motel room produced numerous items of drug paraphernalia including: digital weight scales, unused clear plastic baggies and smoking devices. Agents also uncovered a plastic baggie containing a brown powder substance, suspected to be heroin.
Embry is a convicted felon with convictions for possession of a controlled substance in Logan County Circuit Court cases 13-CR-00009 and 19-CR-00054.
The defendant faces no less than 10 years and no more than life in prison for possession with intent to distribute Methamphetamine. He faces no more than 10 years for possession of a firearm by a prohibited person, and no less than 5 years and no more than life for possessing a firearm in furtherance of a drug trafficking crime.
The case is being prosecuted by Assistant United States Attorney Mark Yurchisin of the U.S. Attorney’s Bowling Green Branch Office. The case is being investigated by the South Central Drug Task Force which was designated last month by the White House Office of National Drug Control Policy as part of the Appalachia High Intensity Drug Trafficking Area (HIDTA).
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Plant City Man Indicted for Murder Committed in Park Next to Elementary SchoolRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an
indictment charging Wilmer Rosales (22, Plant City), a/k/a “DoubleU,” and Joel Sierra (25, Plant City), a/k/a “Jojo,” with conspiring to traffic in controlled substances, conspiring to commit robbery, and robbery. The indictment charges Rosales with using a firearm and murdering an individual (G.U.) during the drug conspiracy, possessing a firearm and ammunition as a convicted felon, and possessing a firearm and ammunition in a school zone. If convicted on all counts, Rosales faces a maximum penalty of life in federal prison, or the death penalty. Sierra faces a maximum penalty of 45 years in federal prison.According to court documents, Rosales and Sierra planned to rob G.U. Under the guise of making a drug purchase, Rosales and Sierra lured G.U. to a park located next to an elementary school, where armed co-conspirators waited nearby. Sierra then stole the drugs from G.U. and ran. When G.U. attempted to chase Sierra, Rosales shot G.U. repeatedly with an AK-47 from behind, and Rosales and Sierra left the scene. While others gathered around G.U., who lay bleeding, Rosales returned to the scene and again fired his AK-47 at G.U. Another person attempted to cover G.U.’s body with her own.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Natalie Hirt Adams.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. 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.
Philadelphia Cash-Advance Business Owner Indicted and Detained on Weapons ChargesRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Joseph LaForte, 49, of Haverford, PA, was arrested and charged by Indictment with possession of a firearm and ammunition by a convicted felon.
The Indictment alleges that on July 28, 2020, the defendant, a twice-convicted felon, knowingly possessed seven firearms in his home: two shotguns, four loaded handguns, and a loaded rifle.
After the defendant was arrested on August 7, 2020, the Government moved for his detention on the grounds that he was both a risk of flight and a danger to the community. The Government cited, among other things, death threats that LaForte had allegedly made to the customers of his business, Par Funding, a cash advance company based in Philadelphia. After his appearance in federal court yesterday, United States Magistrate Judge Marilyn Heffley detained the defendant until his trial.
“We’re pleased that the Court recognized that no conditions of release would be sufficient here,” said U.S. Attorney McSwain. “Joseph LaForte is where he belongs – in prison – and will now face the consequences of his alleged criminal behavior.”
“Joseph LaForte is a previously convicted felon who continues to demonstrate that he is a threat to the community,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. "This indictment is just another example of his disregard for the law.”
If convicted, the defendant faces a maximum possible sentence of ten years of imprisonment, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.
The case is being investigated by the Federal Bureau of Investigation, the Federal Deposit Insurance Corporation – Office of Inspector General, and the Internal Revenue Service, with assistance from the Lower Merion Township Police and the Pennsylvania State Police Bureau of Criminal Investigations, and is being prosecuted by Assistant United States Attorneys Jonathan Ortiz and Patrick J. Murray.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Parma man sentenced for filing false tax returnsRead the Press Release
U.S. Attorney Justin Herdman announced today that Mohammad H. Mohammad, age 56, of Parma, was sentenced to 5 years of probation and ordered to pay $489,189.00 in restitution and a $100,000.00 fine.
According to the indictment, Mohammad understated his income and failed to report gross receipts or sales generated by the business operations of Muhammad Brothers Partners for calendar years 2012 and 2013. In total, Mohammad under-reported his income by $498,189.00, court records show. Mohammad, along with his brother, established Muhammad Brothers Partners, which, in turn, owned and operated Holyland Supermarket, a grocer in the city of Cleveland.
This case was investigated by the Internal Revenue Service – Criminal Investigations and was prosecuted by Assistant U.S. Attorney Megan R. Miller.
Omaha Man Sentenced to 180 Months for Child Pornography OffenseRead the Press Release
United States Attorney Joe Kelly announced that Bradley S. Roenfeldt, age 58, of Omaha, Nebraska, was sentenced today to 180 months’ imprisonment for transportation of child pornography by United States District Judge Brian C. Buescher. There is no parole in the federal system. After his release from prison, Roenfeldt will be on supervised release for life and will be required to register as a sex offender. In addition, the terms of Roenfeldt’s supervised release prohibit him from having any contact with children under the age of 18, unless it is approved by the United States Probation Office. He was ordered to pay $12,000 in restitution.
An FBI Child Exploitation and Human Trafficking Task Force investigation determined that between March 8, 2018, and April 5, 2018, Roenfeldt, using his cellular telephone, sent images of minors engaging in sexually explicit conduct to other users of a Kik Messenger group identified as “Super strokers.” Roenfeldt’s Kik user identification was “curiousinomaha.” The FBI determined Roenfeldt shared at least 25 graphic images with other users of the Kik Messenger group containing young females and young males in the nude.
During the investigation, the FBI obtained subscriber information and IP connection logs related to Roenfeldt’s Kik Messenger account. Kik returned an IP address associated with Roenfeldt’s residence in Omaha. On July 14, 2018, the FBI executed a federal search warrant of Roenfeldt’s residence. The FBI seized Roenfeldt’s cellular telephone. Roenfeldt gave a voluntary statement to law enforcement in which he admitted to having a Kik account and that his username is “curiousinomaha.”
An FBI forensic analysis of Roenfeldt’s cellular telephone revealed the Kik application and the associated user name “curiousinomaha.” On the cellular telephone law enforcement identified more than 100 images of minor children engaging in sexually explicit conduct and at least 2 videos of minor children engaging in sexually explicit conduct.
Roenfeldt was previously convicted on March 29, 1991, of First Degree Sexual Assault, in Madison County District Court, Madison County, Nebraska, and received a 10- to 15-year prison sentence.
United States Attorney Kelly noted that those who offend against children do not age out of their crimes. He added, “It is some comfort that after serving his 15-year sentence, he will be on a lifetime term of supervision and not allowed to have contact with children.”
After Roenfeldt’s sentencing, the FBI Omaha field office’s Special Agent in Charge, Kristi Johnson, said, “Investigating the sexual exploitation of children is a priority for the FBI. We are vigilant in our role to ensure that children are protected. FBI Omaha is committed to removing sexual predators from children’s lives, through the justice system.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI's Child Exploitation and Human Trafficking Task Force.
Ohio Man Pleads Guilty to Federal Drug OffenseRead the Press Release
CHARLESTON, W.Va. – An Akron, Ohio man has pled guilty to a federal drug charge, announced United States Attorney Mike Stuart. Devante Terrell Hatch, 28, pled guilty to possession with intent to distribute 50 grams or more of methamphetamine.
“Another Akron drug dealer is caught bringing his poison into West Virginia,” said United States Attorney Mike Stuart. “Hatch joins a long list of out-of-state drug dealers prosecuted by my office. My team, along with our law enforcement partners, is working hand-in-glove with our colleagues in Ohio and elsewhere to hold drug dealers accountable and shut down the flow of drugs into our communities.”
On February 25, 2019, the Parkersburg Narcotics Task Force (PNTF) received a tip that a large load of drugs was being delivered to a specific apartment on Staunton Avenue between 9 p.m. and 11 p.m. and that it would be coming from Akron, Ohio in a vehicle with Ohio license plates. Uniformed Parkersburg Police Officers began surveilling the area. At 10:05 p.m., they observed a GMC Terrain with Ohio license plates pull into the alley behind Staunton Avenue and park directly behind the apartment. Police made contact with Hatch, who was driving the vehicle. Hatch claimed to be there to visit his girlfriend, but he could not tell them where she lived. The officers smelled marijuana and asked Hatch whether he had any in the vehicle. Hatch admitted that he did, and officers searched the vehicle. The officers located and seized two backpacks containing marijuana and more than four pounds of methamphetamine. At the plea hearing, Hatch admitted that he intended to distribute the methamphetamine in Parkersburg.
Hatch faces five to 40 years in prison and at least four years of supervised release when he is sentenced on December 9, 2020.
The Parkersburg Narcotics Task Force and the Parkersburg Police Department conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Joshua Hanks is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00061.
Follow us on Twitter: SDWVNews and USAttyStuart
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Mobile X-Ray Company to Pay $49,759 to Settle False Claims LiabilityRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Physician’s Mobile X-Ray has agreed to pay the United States $49,759 to resolve potential liability under the False Claims Act. Physician’s Mobile X-Ray is based in Harrisburg, Pennsylvania and provides mobile imaging services, including x-rays, ultrasounds and cardiac services.
According to U.S. Attorney David J. Freed, Physician Mobile X-Ray improperly billed Medicare for the transportation component of X-Ray equipment when x-ray services were provided to more than one Medicare beneficiary at the same location during the same trip. While Medicare will reimburse providers for a transportation component associated with mobile imaging services, that transportation component should be apportioned when more than one patient at the same location receives an x-ray during the same visit. The United States alleged that Physician’s Mobile X-Ray failed to apportion its charges between 2014 and 2019, leading to overcharges to Medicare.
“Federal Medicare funds provide vital assistance to citizens in the Middle District of Pennsylvania and across the entire country every day,” said U.S. Attorney Freed. “A primary function of our ACE Unit is to ensure that providers are only reimbursed for authorized activities. When our monitoring function uncovered the issue in this matter, Physicians Mobile X-Ray cooperated in reaching a resolution that is fair to the taxpayers and the business alike.”
Physician’s Mobile X-Ray cooperated with the investigation and updated its internal review protocols to prevent similar overcharges in the future. The settlement agreement is not an admission of liability by the provider.
This matter was investigated by the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office and is assigned to Assistant U.S. Attorney D. Brian Simpson. The Office of Counsel to the Inspector General, U.S. Department of Health and Human Services, also assisted in this investigation.
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Mission Man Sentenced for Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on August 10, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Bryan Herman, age 55, was sentenced to 18 months in federal prison, followed by 3 years of supervised release, restitution in the amount of $575, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Herman was indicted by a federal grand jury on September 10, 2019. He pled guilty on February 26, 2020.
The conviction stemmed from an incident that occurred in South Dakota on July 15, 2016. Herman took possession of a .45 caliber, semi-automatic pistol that day, and sold it at a pawn shop in Nebraska. Herman was an unlawful user of and addicted to prescription painkillers at that time, controlled substances under federal law. Herman used the proceeds from the sale of the firearm to continue fueling his drug habit after losing employment due to a failed drug test.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Federal Bureau of Investigation and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Michael Elmore prosecuted the case.
Herman was immediately turned over to the custody of the U.S. Marshals Service.
Mine Owner and Foreman Sentenced to Prison for Dust-Sampling FraudRead the Press Release
ABINGDON, VIRGINA – A Grundy, Va., coal company, its owner, and one of its foremen, were sentenced yesterday in the United States District Court in Abingdon for conspiring to defraud the United States by committing dust-sampling fraud to avoid the Mine Safety and Health Administration’s health standards designed to protect miners from black lung. United States Attorney Thomas T. Cullen and Assistant Secretary of Labor for the Mine Safety and Health Administration (MSHA) David G. Zatezalo announced the sentencings.
Daniel Tucker, 57, of Russell County, Va., the owner of D&H Mining, was sentenced yesterday to three months in federal prison. As part of his guilty plea, Tucker previously paid an $80,000 fine. Also yesterday, D&H Mining was placed on probation for a term of 1-year.
Gerald Ball, 39, of Russell County, a foreman at D&H Mining, was sentenced yesterday for his role in the conspiracy to three years’ probation.
Tucker and Ball both previously pleaded guilty to conspiracy to commit dust-sampling fraud. D&H Mining pleaded guilty to one felony count of conspiracy to defraud the United States for the dust-sampling fraud and a misdemeanor violation of the Mine Act for willfully allowing miners to conduct roof-bolting in return air in violation of the mine’s MSHA-approved ventilation plan.
“As this case illustrates, the Department of Justice is committed to protecting our nation’s coal miners,” U.S. Attorney Cullen stated today. “We will continue to investigate and prosecute unscrupulous owners and operators who jeopardize miners’ wellbeing by cutting corners and putting profits ahead of safety.”
“Enforcing the mandatory dust standards is a top priority for the Mine Safety and Health Administration,” said MSHA Assistant Secretary David G. Zatezalo. “These standards are important in reducing black lung disease in this country and they provide an effective framework to hold operators accountable when they are violated. The Department of Justice has done great work in enforcing these crucial standards and protecting miners.”
As part of its investigation, MSHA inspectors discovered irregularities in the record keeping of mandated dust sampling. Upon further investigation, MSHA determined that Tucker and Ball had conducted an organized effort to avoid accurate dust sampling in an attempt to avoid MSHA health violations and avoid requirements to reduce the respirable coal dust levels. As part of MSHA’s mandatory respirable dust standards, mine operators are mandated to conduct dust-sampling for 15 consecutive shifts every quarter. During the sampling, designated miners are required to wear continuous personal dust monitors for the entire time they are underground. Yet Tucker intentionally programmed the dust monitors to shut off after 9 hours despite the miners working 10-hour shifts underground.
Ball, as the underground foreman, checked dust monitors and when one approached the limits of authorized exposure to respirable dust, he would take the monitor off the miner and hang the monitor in fresh air in an attempt to prevent the sampling device from recording the actual levels of dust underground.
The investigation of the case was conducted by the Norton Office of the Mine Safety and Health Administration. Special Assistant United States Attorney Jason Grover from the Department of Labor and Assistant United States Attorneys Lena Busscher and Randy Ramseyer prosecuted the case for the United States.
Middleton Man Sentenced to Two Years of Probation for Illegal Gun PossessionRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Tahjmalyk Porter, 24, Middleton, Wisconsin, pleaded guilty and was sentenced today by U.S. District Judge James Peterson to two years of probation for being a felon in possession of a firearm.
On November 12, 2019, Porter was in an area gun store and seen on video handling a semiautomatic rifle. Several days later Porter was captured on video in another area gun store handling firearms there as well. Porter was a felon based on a 2017 conviction for strangulation in Dane County Circuit Court.
Judge Peterson stated that he was concerned that Porter was associating with individuals who were making straw purchases of firearms and selling them in the community. The Court noted the alarming number of shootings in Madison recently and the “extraordinary risk” posed by illegal possession and use of firearms. Judge Peterson also noted Porter’s criminal history including a conviction for domestic violence and a positive drug test which was a violation of his pretrial release. Despite those concerns however, Judge Peterson sentenced Porter to probation rather than prison based on the fact that he did not try to purchase a gun and there was no evidence that he had sold illegal guns into the community.
The charge against Porter has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition, and violent crimes and drug crimes that involve the use of firearms.
The charge against Porter was the result of an investigation conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sun Prairie Police Department. The prosecution of the case has been handled by Assistant U.S. Attorney Corey Stephan.
Member of Nambe Pueblo pleads guilty in federal court to abusive sexual contact in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. –Yvon Loretto, of Nambe Pueblo, New Mexico, pleaded guilty in federal court in Albuquerque, New Mexico, on August 11th to abusive sexual contact in Indian Country.
According to Loretto’s plea agreement, he sexually abused the minor victim between October 1, 2016, and October 31, 2016, in Rio Arriba County, New Mexico, within the boundaries of the Nambe Pueblo Reservation. Loretto, an enrolled member of Nambe Pueblo, admitted in a plea agreement to causing intentional and unlawful sexual contact with a minor under the age of twelve with the intent to gratify Loretto’s sexual desires.
Loretto is currently in custody awaiting sentencing. He faces from 60 to 180 months in prison under the terms of his plea agreement. Additionally, should the court accept the plea agreement, Loretto will have to register as a sex offender upon his release from prison.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Joseph M. Spindle is prosecuting the case.
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Maryland man sentenced for firearms and drug violationsRead the Press Release
CLARKSBURG, WEST VIRGINIA – Steven Somers, of Clinton, Maryland, was sentenced today to 78 months incarceration for drug and firearms charges, U.S. Attorney Bill Powell announced.
Somers, age 25, pled guilty to one count of “Unlawful Possession of a Firearm as Drug User” and one count of “Possession with Intent to Distribute Marijuana” in January 2020. Somers admitted having marijuana in July 2019 in Monongalia County, and admitted to illegally having a 5.7x28mm caliber pistol in June 2018 in Lewis County.
“Drugs and firearms are not only a dangerous combination, it is an illegal one. When combined with witness intimidation, the significant sentence was justified and in the interests of our communities,” said Powell.
During a June 2018 traffic stop, Lewis County deputies found Somers in possession of counterfeit currency, a firearm, ammunition, marijuana, and an amphetamine/MDMA mix commonly known as “molly.” When federal agents executed a search warrant at Somers’ Monongalia County residence in July 2019, they found additional firearms, ammunition, THC “vape” cartridges, psychoactive mushrooms, over $12,000 in cash, and an illegal marijuana grow operation.
ATF testified today regarding several firearms that were purchased for Somers by someone else. One of those firearms was seized by Metropolitan Police Department in Washington, D.C. and appeared to be in the possession of a convicted murder. Another firearm was found in the hands of a high school student in Maryland as he attempted to take it into the school. Three of those firearms have yet to be recovered.
“Armed drug traffickers represent a violent and persistent threat to our communities, especially those who would seek to obstruct justice by threatening witnesses,” said R. Shawn Morrow, Special Agent in Charge of ATF’s Louisville Field Division, which includes West Virginia. “ATF will continue to prioritize investigations of these offenses, including the illegal purchase of firearms for criminals prohibited from possessing them. The recoveries of these crime guns took place hundreds of miles from their purchase, and were linked to drug traffickers, juveniles, and in one case, a convicted murderer.”
Prior to today’s sentencing, U.S. District Judge Thomas S. Kleeh had revoked Somers’ bond, after hearing testimony that Somers threatened a witness in an effort to influence his potential testimony.
Assistant U.S. Attorney Andrew R. Cogar prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. District Judge Thomas S. Kleeh presided.
Martin Woman Sentenced for Meth ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a Martin, South Dakota, woman who pled guilty to Conspiracy to Distribute a Controlled Substance was sentenced on July 31, 2020, by U.S. District Court Judge Jeffrey L. Viken.
Julissa Poor Bear, age 31, was sentenced to a total of 16 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
From approximately January 2015 to August 2016, Poor Bear distributed over 1.5 kilograms of methamphetamine in Rapid City and the east side of the Pine Ridge Reservation. Poor Bear worked with others to bring methamphetamine to South Dakota from California. During the course of her dealing, Poor Bear threatened people, possessed firearms, and attempted to intimidate a witness by posting about that witness on Facebook.
Several co-conspirators have already been sentenced. One additional co-conspirator, Wicahpe Milk, is pending trial.
This case was investigated by the Badlands Safe Trails Drug Enforcement Task Force, which is comprised of agents from the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, Bureau of Indian Affairs Division of Drug Enforcement, Martin Police Department, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Poor Bear, who has been in custody since April 2019, was immediately returned to the custody of the U.S. Marshals Service.
Man who bought tiger skin for $3,000 pleads guilty to violating Endangered Species ActRead the Press Release
COLUMBUS, Ohio – A Cincinnati man who paid $3,000 for a tiger skin rug pleaded guilty in U.S. District Court today to violating the Endangered Species Act.
According to court documents, in August 2018, Ryan J. Gibbs, 44, of Cincinnati, contacted a man in the United Kingdom about buying a tiger skin rug. The man told Gibbs he could not legally ship a tiger skin to the United States, but knew someone in Minnesota who had tiger skins.
Gibbs started emailing and calling the person, who was actually an undercover Special Agent with the U.S. Fish and Wildlife Service, and said he wanted to buy a tiger skin and a mounted flamingo. Gibbs and the agent discussed the illegality of buying and selling tiger parts across state lines. Gibbs and the agent met near Jeffersonville, Ohio in December 2018 where Gibbs bought three mounted birds – a tufted puffin, a horned puffin and a flamingo for a total of $1,200.
Over the next several months, Gibbs and the agent communicated intermittently about the tiger skin. Gibbs and the agent met again near Jeffersonville in August 2019 where Gibbs paid $3,000 for the tiger skin.
The plea agreement requires Gibbs to serve one year of probation and perform 80 hours of community service. If possible, the community service should be directed toward assistant a non-profit or governmental organization in Ohio working on wildlife conservation. The agreement also calls for Gibbs to pay $100,000 to the Lacey Act Reward Account. Gibbs also agreed to abandon a stuffed lion, two stuffed puffins, a panther skin and a sawfish rostrum which he owns.
The Code of Federal Regulations lists tigers (panthera tigris) as endangered wherever they are found.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Jeffrey Bossert Clark, Assistant Attorney General, Department of Justice Environmental and Natural Resources Division; Erryl Wolgemuth, Supervisor with the US Fish and Wildlife Service; and Franklin County Prosecutor Ron O’Brien announced the plea entered today before Senior U.S. District Judge James L. Graham.
Special Assistant United States Attorney J. Michael Marous and Adam C. Cullman, Trial Attorney with the Department of Justice Environment and Natural Resources Division, are representing the United States in this case.
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Man wanted on federal charges of carjacking and discharging a firearm during a crime of violence, as part of Operation Legend in AlbuquerqueRead the Press Release
ALBUQUERQUE – Manuel Chavira, 25, was charged on August 3, 2020 in a recently-unsealed federal criminal complaint. Chavira was charged with both carjacking and discharging a firearm during and in relation to a crime of violence.
The Federal Bureau of Investigation is investigating this case with the New Mexico State Police and other agencies that form the FBI’s Violent Crime Task Force. Assistant U.S. Attorney Eva Fontanez is prosecuting the case as part of Operation Legend, a new Department of Justice initiative to assist cities with persistently high crime rates. Operation Legend is a sustained and coordinated law enforcement initiative in which the U.S. Attorney’s Office and federal law enforcement agencies work with state and local law enforcement to prosecute gun and dangerous crimes arising in the City of Albuquerque.
According to the criminal complaint, on July 18, 2020, Chavira approached two female victims who were parked in their vehicle in the parking lot of a church at the San Jose De Armijo Cemetery in the South East area of Albuquerque. Chavira initially asked if he could charge his phone in the vehicle. As the phone would not charge, he asked to borrow the driver’s phone, ostensibly to find a tow truck for his vehicle. She complied, and he used the phone to make a number of calls.
After the driver exited her vehicle to remove a sweater from her trunk, however, Chavira brandished a firearm and told her that he needed to take her vehicle. The passenger protested, but the driver removed her keys from the ignition to give them to Chavira. Chavira reportedly then racked the slide on the firearm, an indication that he had chambered a round of ammunition. Chavira then pointed the firearm, shouting, “Do you want me to shoot her? Do you want me to shoot her?” Both victims fled, at which point they heard gunshots being fired.
The victims described the firearm as black and possibly .22 or .25 caliber. The victims were able to identify Chavira from photos as the suspect. Chavira left the scene driving the victims’ blue 2019 Honda Civic SI.
Chavira remains at large. The Federal Bureau of Investigation is seeking information to help ascertain his whereabouts and bring about his arrest. He is 5’10”, weighs between 150 and 194 lbs. and has brown hair and eyes. Chavira has a bullet wound scar on his nose. Chavira has the following tattoos: "Josefina" on his left arm; "C.V." on his right arm; "Ceci" in a heart on his chest; and three dots on his right wrist.
The FBI is offering a reward of up to $1000 for information leading to Chavira’s arrest. Persons with information regarding Chavira’s location should contact the FBI at https://www.fbi.gov/tips.
https://www.fbi.gov/wanted/additional/manuel-alejandro-chavira/download.pdf
Criminal complaints are only accusations. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt. If convicted, Chavira faces up to 15 years in prison for the carjacking offense and a consecutive sentence of 10 years to life in prison for the firearm offense.
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Man Sentenced for 2015 Murder in Osage Nation Indian CountryRead the Press Release
TULSA, Okla. – A man who committed murder in Osage County in 2015 was sentenced today in federal court, announced United States Attorney Trent Shores.
Chief U.S. District Judge John E. Dowdell sentenced Jeremy Keith Reece, 36, to 45 years in federal prison for murder in the second degree. Following his prison sentence, he will serve 5 years on supervised release.
“Justice was served today in the form of a 45 year federal prison sentence. I pray it brings some measure of peace to Rick Holt’s surviving family and friends,” said United States Attorney Shores. “Our pursuit of justice for Rick Holt does not end today. We won't rest until all those responsible for this heinous murder are held accountable.”
On Feb. 6, 2020, Reece, a member of the Muscogee (Creek) Nation, pleaded guilty to murder in the second degree. Reece admitted that he intentionally shot and killed the victim in Osage Nation Indian Country in 2015. During the change of plea hearing and according to the plea agreement, Reece took the victim from his residence then transported him to Osage Nation Indian Country where Reece shot the victim three times. Reece then dug a shallow grave, placed the victim in the grave, and set the victim’s body on fire.
The murder case was originally filed in state court but in 2017, following an adverse ruling at the district court level that the State of Oklahoma did not have jurisdiction to prosecute the case, the Oklahoma Court of Criminal Appeals issued a ruling staying the case until jurisdictional issues were resolved.
Reece will remain in the custody of the U.S. Marshals Service until transfer to a U.S. Bureau of Prisons facility.
This prosecution is the joint effort of the Osage County District Attorney and the United States Attorney’s Office. The investigation was conducted by the Osage County Sheriff’s Office, Pawhuska Police Department, Oklahoma State Bureau of Investigation, Osage Nation Police Department, and the FBI.
Madison Man Sentenced to 48 Months for Distributing CrackRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Carlos Wilson, 32, Madison, Wisconsin pleaded guilty and was sentenced today by Chief U.S. District Judge James D. Peterson to 48 months in federal prison for distributing crack cocaine.
On three separate occasions in November 2019, Wilson sold drugs to an undercover police officer. Wilson sold crack the first time, and sold both heroin and cocaine during the other two deals. Wilson was arrested on November 22, 2019 with 74 individually wrapped baggies of a mixture containing Fentanyl.
At the time of his arrest, Wilson was on federal supervised release after serving a 60-month prison sentence for selling heroin. Judge Peterson revoked Wilson’s supervised release and sentenced him to 18 months in prison to be served concurrently with the new federal sentence.
Judge Peterson said he was disappointed to see Wilson in his courtroom again for another serious drug crime, but expressed hope that after this sentence he would gain some maturity and stop selling drugs.
The charge against Wilson was the result of an investigation conducted by the Dane County Narcotics Task Force. The prosecution of the case has been handled by Assistant U.S. Attorney Laura A. Przybylinski Finn.
Justice Department Acts to Shut Down Fraudulent Websites Exploiting the COVID-19 PandemicRead the Press Release
Tampa, FL – The United States Department of Justice announced today that it has obtained a Temporary Restraining Order in federal court to combat fraud related to the coronavirus (COVID-19) pandemic. The enforcement action, filed in Tampa, Florida, is part of the Justice Department’s ongoing efforts prioritizing the detection, investigation, and prosecution of illegal conduct related to the pandemic. The action was brought based on an investigation conducted by United States Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), in coordination with the Vietnam Ministry of Public Security.
“The Department of Justice is committed to preventing fraudsters from exploiting this pandemic for personal gain,” said Acting Assistant Attorney General Ethan P. Davis of the Department of Justice’s Civil Division. “We will use every resource at the government’s disposal to pursue scammers who are stealing money from citizens amidst the ongoing public health crisis.”
“This action affirms our commitment to Attorney General Barr’s directive to prioritize fraud schemes arising out of the coronavirus pandemic,” said U.S. Attorney Maria Chapa Lopez of the Middle District of Florida. “We will continue to aggressively investigate and shut down these scams that attempt to take advantage of our fellow American citizens, who are trying to keep their families safe and healthy during these very trying times.”
“Unfortunately the Global Pandemic has given criminals and criminal organizations a new opportunity to take advantage of our communities by targeting vulnerable populations through financial fraud schemes, the importation of counterfeit pharmaceuticals and medical supplies, and illicit websites defrauding consumers which continue to compromise legitimate trade and financial systems,” said HSI Tampa acting Special Agent in Charge Kevin Sibley. “Through our investigations under Operation Stolen Promise, HSI will continue to disrupt and dismantle these criminal networks as well as those who are exploiting the pandemic for their own financial gain.”
As detailed in the civil complaint and accompanying court papers filed on Monday, August 3, 2020, Defendants Thu Phan Dinh, Tran Khanh, and Nguyen Duy Toan, all residents of Vietnam, are alleged to have engaged in a wire fraud scheme seeking to profit from the COVID-19 pandemic. According to the complaint, Defendants operated more than 300 websites that fraudulently purported to sell products that became scarce during the pandemic, including hand sanitizer and disinfectant wipes. Thousands of victims in all fifty states attempted to purchase these items from Defendants’ websites. Victims paid for items supposedly sold through the websites but never received the purchased products. The complaint alleges that Defendants set up hundreds of email accounts and accounts with a U.S.-based payment processor to effectuate the scheme and keep it hidden from law enforcement. Defendants are also alleged to have listed fraudulent contact addresses and phone numbers on the websites, causing unaffiliated individuals and businesses in the United States to receive numerous complaint calls from victims who had been defrauded by the scheme. In response to the Department’s request for injunctive relief, U.S. District Judge Charlene Edwards Honeywell issued an emergency ex parte temporary restraining order requiring that the registrar and registries of Defendants’ fraudulent websites take immediate action to disable them.
The United States obtained the restraining order to shutter Defendants’ websites immediately while an investigation of Defendants’ scheme continues. In so doing, the government is employing a federal statute that permits federal courts to issue injunctions to prevent harm to potential victims of fraudulent schemes. In response to information provided by HSI, Vietnamese authorities have also conducted their own investigation and arrested the Defendants.
The Department of Justice recommends that Americans take the following precautionary measures to protect themselves from known and emerging scams related to COVID-19:
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Independently verify the identity of any company, charity, or individual that contacts you regarding COVID-19.
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Check the websites and email addresses offering information, products, or services related to COVID-19. Be aware that scammers often employ addresses that differ only slightly from those belonging to the entities they are impersonating. For example, they might use “cdc.com” or “cdc.org” instead of “cdc.gov.”
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Be wary of unsolicited emails offering information, supplies, or treatment for COVID-19 or requesting your personal information for medical purposes. Legitimate health authorities will not contact the general public this way.
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Do not click on links or open email attachments from unknown or unverified sources. Doing so could download a virus onto your computer or device.
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Make sure the anti-malware and anti-virus software on your computer is operating and up to date.
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Ignore offers from suspicious sources for a COVID-19 vaccine, cure, or treatment. Remember, if a vaccine becomes available, you won’t hear about it for the first time through an email, online ad, or unsolicited sales pitch.
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Check online reviews of any company offering COVID-19 products or supplies. Avoid companies whose customers have complained about not receiving items.
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Research any charities or crowdfunding sites soliciting donations in connection with COVID-19 before giving any donation. Remember, an organization may not be legitimate even if it uses words like “CDC” or “government” in its name or has reputable looking seals or logos on its materials. For online resources on donating wisely, visit the Federal Trade Commission (FTC) website.
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Be wary of any business, charity, or individual requesting payments or donations in cash, by wire transfer, gift card, or through the mail. Don’t send money through any of these channels.
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Be cautious of “investment opportunities” tied to COVID-19, especially those based on claims that a small company’s products or services can help stop the virus. If you decide to invest, carefully research the investment beforehand. For information on how to avoid investment fraud, visit the U.S. Securities and Exchange Commission (SEC) website.
For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO) websites. The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.
The enforcement action taken today is being prosecuted by Assistant U.S. Attorney Carolyn B. Tapie of the Middle District of Florida and Trial Attorney Kathryn A. Schmidt of the Civil Division’s Consumer Protection Branch. HSI’s Tampa office is conducting the investigation.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendants.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For more information about the United States Attorney’s Office for the Middle District of Florida, visit its website at www.justice.gov/usao-mdfl. For information about the Department of Justice’s efforts to stop COVID-19 fraud, visit www.justice.gov/coronavirus.
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