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24 September 2020
Woman Who Helped a Man Get Dose of Heroin and Fentanyl that Caused His Death Sentenced to Federal PrisonRead the Press Release
A woman who helped a man obtain a fatal quantity of opioids and then delayed calling for help after he overdosed was sentenced on September 16, 2020, to four years in federal prison.
Jacqueline Margarett Birch, age 23, from Dubuque, Iowa, received the prison term after a May 7, 2020 guilty plea to aiding and abetting the distribution of a controlled substance.
Evidence at a prior hearing showed that Birch drove her boyfriend, Mateusz Syryjczyk, and another individual to a residence in Dubuque, Iowa, during the early morning of May 27, 2019. Birch and the other individual went into the residence, and returned a short time later with purported heroin they had purchased from a dealer inside the residence. The three then drove to a hotel in Dubuque, where they all used the purported heroin. The other individual began to overdose in the room. Birch and Syryjczyk did not immediately call 911, but, over the course of multiple hours, Birch occasionally performed CPR on the individual to restore some breathing function, though the person never regained consciousness. Court records reflect that Birch also occasionally kicked the individual when he stopped breathing. Eventually, Birch and Syryjczyk decided they needed to call 911, and Syryjczyk took the remaining drug paraphernalia from the room to prevent law enforcement from finding it. Birch and Syryjczyk also made false statements to the responding police officers about the cause of the individual’s condition. That individual was pronounced dead at the scene. An autopsy later determined the cause of death was use of heroin, fentanyl, and valeryl fentanyl. Syryjczyk previously pled guilty to misprision of a felony for his role in the incident, and was sentenced to 21 months in prison. Court documents also reflect that Birch had previously cleaned up an overdose death scene and lied to the police about it in Peosta, Iowa, in 2016.
Birch was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Birch was sentenced to 48 months’ imprisonment. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Birch is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was investigated by the Dubuque Drug Task Force and prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-1041-CJW-MAR.
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West Michigan Drug Ring DismantledRead the Press Release
Final dealer convicted by a jury after three days of trial.
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that a 15-member drug trafficking operation has been dismantled following the conviction of the final defendant involved in the organization. On September 23, 2020, a jury in Kalamazoo convicted Luis Ayala-Vieyra of conspiring to distribute cocaine and two counts of distribution of cocaine after a three day trial. He faces up to twenty years in prison and will be sentenced by U.S. District Court Judge Paul L. Maloney in the next three to four months.
Luis Ayala-Vieyra was arrested in Grand Rapids in August 2019 during the takedown of the cocaine ring. His arrest followed a long term investigation into a group of drug dealers in the Grand Rapids area. Fourteen other defendants previously pleaded guilty.
The evidence at trial demonstrated that Luis Ayala-Vieyra and his brother, Inocencio Ayala-Vieyra, bought cocaine from a source of supply in Chicago, Illinois. They broke down the cocaine and distributed it to a network of retail dealers in the Grand Rapids area.
“Yesterday’s verdict is the culmination of the hard work of the Drug Enforcement Administration, local law enforcement, and the U.S. Attorney’s Office,” said U.S. Attorney Birge. “My office is committed to disrupting drug sales and dismantling drug trafficking organizations to keep Michigan communities safe.”
“This verdict is a clear indication of the progress made by DEA and our state and local partners in the fight against drug trafficking,” said Keith Martin, Special Agent in Charge of the Detroit Field Division of the DEA. “We will continue to employ our combined resources to investigate and bring to justice those who disregard laws and distribute illicit drugs in Western Michigan communities.”
This case was investigated by the DEA, Kent Area Narcotics Enforcement Team, Metropolitan Enforcement Team, Grand Rapids Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was tried by Assistant U.S. Attorneys Jonathan Roth and Alexis Sanford.
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U.S. Attorney Mike Stuart Announces Results in Fight Against the Opioid Crisis Two Years After the Launch of Operation S.O.S.Read the Press Release
Cabell County Opioid-Related Overdose Deaths Decline by 52%
CHARLESTON, W.Va. – In July 2018, the Department of Justice announced the launch of Operation Synthetic Opioid Surge (S.O.S), a program aimed at reducing the supply of synthetic opioids in 10 high impact areas, including the Southern District of West Virginia, and identifying wholesale distribution networks and international and domestic suppliers. Under Operation S.O.S., the United States Attorneys in 10 districts with some of the highest drug overdose death rates in the country each designated a county where they would focus on prosecuting every readily available case involving fentanyl, fentanyl analogues, and other synthetic opioids, regardless of the drug quantity.
“The Justice Department’s commitment to fighting the opioids epidemic is stronger than ever, and we are using every tool in our arsenal to disrupt the supply of these drugs on our streets,” said Deputy Attorney General Jeffrey A. Rosen. “Operation SOS has had a significant positive impact on the communities where it is being employed. The Department will continue to build on these successes and work to stop the drug traffickers who so callously wreck lives.”
“Operation S.O.S. is saving lives,” said United States Attorney Mike Stuart. “We have made great strides in the fight against the opioid epidemic that once ravaged Cabell County. Through prosecution of fentanyl dealers, combined with efforts in prevention, intervention and treatment, a 52% reduction in opioid-related overdose deaths has been realized in the County from 2017 to 2019. I appreciate the support of the Attorney General, the Deputy Attorney General and the Justice Department in this most important operation.”
Operation S.O.S. has had a significant positive impact in Cabell County. In calendar year 2017, there were 184 opioid-related overdose deaths in the County, compared to 88 opioid-related overdose deaths in 2019 – a 52% reduction. Recent successful prosecutions include:
- A federal jury convicted Steven McCallister of distribution of fentanyl, possession with the intent to distribute fentanyl, being a felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking. Officers conducted a 50-gram purchase of heroin from McCallister, which then led to the execution of a search warrant at McCallister’s home. Officers seized over one kilogram of fentanyl and a firearm.
- Jason Chinn pled guilty to possession with intent to distribute heroin after officers seized 370 grams from his home. He also sold 45 grams of heroin to a confidential informant. As part of his plea agreement, Chinn agreed that he was responsible for the distribution of up to 3 kilograms of the drug. This week, Chinn was sentenced to 100 months in federal prison.
Nationally, since 2018, Operation SOS has resulted in approximately 750 defendants being charged in federal court, with 384 of those defendants charged thus far in FY 20. Most importantly, the districts participating in the program have seen a decline in opioid overdoses. From 2017 to 2019, most SOS counties reported a decline of 14% to 24%. One notable success was in the Western District of Pennsylvania, where the opioid overdose rates declined by nearly 45%.
The nine other participating districts and some of their successes are listed below:
- The Eastern District of California has reported 60 active Operation S.O.S. investigations. Recently, the USAO charged one sentence-enhanced “death resulting” prosecution. In February 2020, another investigation resulted in the seizure of over 20,000 fentanyl-laced counterfeit oxycodone pills.
- The Eastern District of Kentucky reported that an SOS investigation led to a residential search warrant and seizure of more than 1,300 grams of fentanyl, more than 500 grams of methamphetamine, $15,000 cash, two firearms, and paraphernalia used to traffic narcotics including a device for pressing fentanyl into a brick-like shape
- The District of Maine reported a July 2020 arrest of a defendant on charges of distributing counterfeit fentanyl pills marked as Percocet, in connection with a fatal fentanyl overdose that occurred in May 2020. In addition, a Maine man was sentenced in February 2020 to five years in prison for two counts of possession with intent to distribute fentanyl, in connection with an incident where the defendant was found in possession of fentanyl less than 24 hours after he was released on a state summons for possession of fentanyl.
- The District of New Hampshire reported the October 2019 arrest of a man on a warrant for distributing fentanyl. Manchester Police Detectives executed a search warrant on a local drug-house, where they located approximately 850 grams of methamphetamine and 56 grams of fentanyl, several assault-style rifles, a handgun, ammunition, scales, safes, cash, and cellphones.
- The Northern District of Ohio reported a 10-defendant wire case involving a drug trafficking organization (DTO) operating out of Elyria and Sandusky, Ohio. The DTO purchased kilogram quantities of cocaine and oxycodone pills. Co-conspirators would later cook the cocaine and sell it as crack to local dealers in Elyria. During the conspiracy, agents seized approximately ½ kilo of cocaine, 100 grams of crack, oxycodone pills, and five firearms.
- The Southern District of Ohio reported the arrest of an individual who had previously served a nine-year state prison sentence for drug trafficking. On October 22, 2019, after law enforcement observed activity consistent with drug transactions, including the delivery of what appeared to be a kilogram of narcotics by a courier, members of the FBI Safe Streets Task Force executed a search warrant at a residence in Dayton, Ohio, where they located three firearms, 1,205 grams of methamphetamine, 1,716 grams of fentanyl, 305 grams of heroin, drug processing equipment, and 12 cellular telephones. One of the recovered cellular telephones contained photographs of multiple kilograms of fentanyl and communications with a narcotics supplier. Through subsequent investigation, law enforcement recovered an additional 19.5 kilograms of fentanyl/carfentanil.
- The Western District of Pennsylvania prosecuted 98 SOS cases thus far in FY 2020. Particularly noteworthy among them is the prosecution of Lynell Guyton. Guyton was convicted by a jury of conspiracy to distribute 100 grams or more of cyclopropyl fentanyl and other charges, including firearms and money laundering violations. Guyton, who had been receiving shipments of fentanyl analogues from China, is both a Career Offender and an Armed Career Criminal. The case gained media attention when, during the execution of a search warrant in connection with the charges, the conspirators tipped over a table, sending cyclopropyl fentanyl into the air, sickening several law enforcement officers on the scene.
- The Eastern District of Tennessee reported multiple cases arising out of a single investigation involving a drug trafficking organization responsible for trafficking heroin and fentanyl from Michigan to various communities in the Eastern District of Tennessee. 29 defendants have been indicted on various charges, including drug trafficking conspiracy, overdose death enhancements, money-laundering conspiracy, and various firearms offenses. More than 5.5 kilograms of heroin and/or fentanyl and 11 firearms were seized during the investigation.
- The Northern District of West Virginia reported a July 21, 2020, forty-four count indictment against 12 defendants. During the nearly yearlong investigation, law enforcement officers seized more than 280 grams of cocaine base and more than 40 grams of fentanyl from one of the defendant’s residences in Harpers Ferry, West Virginia. Throughout the investigation, officers seized more than 280 grams of fentanyl, acetyl fentanyl, and heroin; more than 350 grams of cocaine base; more than one kilogram of liquid PCP; various amounts of cocaine; five firearms; and over $28,000.
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.
Follow us on Twitter: SDWVNews and USAttyStuart
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U.S. Attorney Justin Herdman announces update on fight against the opioid crisis in Lorain County two years after launch of Operation S.O.S.Read the Press Release
In July 2018, the Department of Justice announced the launch of Operation Synthetic Opioid Surge (S.O.S), a program aimed at reducing the supply of synthetic opioids in 10 high impact areas, including Lorain County in the Northern District of Ohio, and identifying wholesale distribution networks and international and domestic suppliers.
Two years ago, under Operation S.O.S, the United States Attorneys in 10 districts with some of the highest drug overdose death rates in the country each designated a county where they would focus on prosecuting every readily available case involving fentanyl, fentanyl analogues, and other synthetic opioids, regardless of the drug quantity.
Over these two years, Operation S.O.S has resulted in approximately 750 defendants charged in federal court, with 384 of those defendants charged thus far in F.Y. 20. Most importantly, the districts participating in the program have seen a decline in opioid overdoses. From 2017 to 2019, most S.O.S counties reported a decline of 14% to 24%.
“The Justice Department’s commitment to fighting the opioids epidemic is stronger than ever, and we are using every tool in our arsenal to disrupt the supply of these drugs on our streets,” said Deputy Attorney General Jeffrey A. Rosen. “Operation S.O.S has had a significant positive impact on the communities where it is being employed. The Department will continue to build on these successes and work to stop the drug traffickers who so callously wreck lives.”
Since the launch of the operation in Northern Ohio, the U.S. Attorney’s Office has prosecuted 121 defendants from Lorain County for their involvement in the distribution of opioids. Approximately 22-percent of these defendants possessed a firearm when they committed their federal offense and about 23-percent of these defendants are classified as “career offenders”, in that they have two or more prior convictions for either drug trafficking or violent offense convictions. The average sentence for an S.O.S. defendant in the Northern District has been 70.4 months.
In Lorain County, opioid overdose deaths have decreased by 31% from 2017 to 2019.
“Drug dealers and other criminals have long targeted Lorain County as an area to exploit and sell their deadly product,” said U.S. Attorney Justin Herdman. “Since 2018, as part of Operation S.O.S, we have committed to assisting our state and local partners by federally prosecuting any fentanyl or opioid trafficking offense from Lorain County. These numbers should send a strong message – if you deal dope in Lorain County, you will face federal prosecution.”
Notably, in the Northern District as part of Operation S.O.S.:
- In July 2020, ten individuals were arrested and charged in a conspiracy to sell crack cocaine, cocaine and a mixture and substance containing a detectable amount of oxycodone throughout the Elyria area. Read more here.
- A “career offender” in Elyria was sentenced to more than 14 years in prison for drug trafficking. Read more here.
- In June of 2019, fifteen people indicted for their roles in a conspiracy to traffic fentanyl, heroin and crack cocaine in Lorain. Read more here.
U.S. Attorney J. Douglas Overbey Announces Results in Fight Against the Opioid Crisis Two Years After Launch of Operation S.O.S.Read the Press Release
In Knox County, Tennessee, one S.O.S. investigation resulted in the indictment of 29 defendants in a drug trafficking conspiracy involving the seizure of over 5.5 kilograms of heroin and fentanyl and 11 firearms.
KNOXVILLE, Tenn. – In July 2018, the Department of Justice announced the launch of Operation Synthetic Opioid Surge (S.O.S), a program aimed at reducing the supply of synthetic opioids in 10 high impact areas, including the Eastern District of Tennessee, and identifying wholesale distribution networks and international and domestic suppliers.
Under Operation SOS, the United States Attorneys in 10 districts with some of the highest drug overdose death rates in the country each designated a county where they would focus on prosecuting every readily available case involving fentanyl, fentanyl analogues, and other synthetic opioids, regardless of the drug quantity.
“The Justice Department’s commitment to fighting the opioids epidemic is stronger than ever, and we are using every tool in our arsenal to disrupt the supply of these drugs on our streets,” said Deputy Attorney General Jeffrey A. Rosen. “Operation SOS has had a significant positive impact on the communities where it is being employed. The Department will continue to build on these successes and work to stop the drug traffickers who so callously wreck lives.”
“The mortality rate for opioid related deaths continues to grow. This epidemic destroys families and communities and shatters far too many lives. Law enforcement remains dedicated to disrupting the networks engaging in the trafficking of these synthetic drugs. It requires collaboration and the promotion of effective prevention strategies to meet the challenges posed by illicit opioids. These cases serve as a reminder to those who seek to disrupt and harm our communities by perpetuating opioid abuse will be brought to justice,” said U.S. Attorney Overbey.
In the Eastern District of Tennessee, the United States Attorney’s Office is currently prosecuting 74 S.O.S. defendants and 10 overdose deaths, including multiple cases arising out of a single investigation involving a drug trafficking organization responsible for trafficking heroin and fentanyl from Michigan to various communities in the Eastern District of Tennessee. 29 defendants have been indicted on various charges, including drug trafficking conspiracy, overdose death enhancements, money-laundering conspiracy, and various firearms offenses. More than 5.5 kilograms of heroin and/or fentanyl and 11 firearms were seized during the investigation.
Nationally, since 2018, Operation SOS has resulted in approximately 750 defendants being charged in federal court, with 384 of those defendants charged thus far in FY 20. Most importantly, the districts participating in the program have seen a decline in opioid overdoses. From 2017 to 2019, most SOS counties reported a decline of 14% to 24%. One notable success was in the Western District of Pennsylvania, where the opioid overdose rates declined by nearly 45%.
The nine other participating districts and some of their successes are listed below:
- The Eastern District of California has reported 60 active Operation S.O.S. investigations. Recently, the USAO charged one sentence-enhanced “death resulting” prosecution. In February 2020, another investigation resulted in the seizure of over 20,000 fentanyl-laced counterfeit oxycodone pills.
- The Eastern District of Kentucky reported that an SOS investigation led to a residential search warrant and seizure of more than 1,300 grams of fentanyl, more than 500 grams of methamphetamine, $15,000 cash, two firearms, and paraphernalia used to traffic narcotics including a device for pressing fentanyl into a brick-like shape.
- The District of Maine reported a July 2020 arrest of a defendant on charges of distributing counterfeit fentanyl pills marked as Percocet, in connection with a fatal fentanyl overdose that occurred in May 2020. In addition, a Maine man was sentenced in February 2020 to five years in prison for two counts of possession with intent to distribute fentanyl, in connection with an incident where the defendant was found in possession of fentanyl less than 24 hours after he was released on a state summons for possession of fentanyl.
- The District of New Hampshire reported the October 2019 arrest of a man on a warrant for distributing fentanyl. Manchester Police Detectives executed a search warrant on a local drug-house, where they located approximately 850 grams of methamphetamine and 56 grams of fentanyl, several assault-style rifles, a handgun, ammunition, scales, safes, cash, and cellphones.
- The Northern District of Ohio reported a 10-defendant wire case involving a drug trafficking organization (DTO) operating out of Elyria and Sandusky, Ohio. The DTO purchased kilogram quantities of cocaine and oxycodone pills. Co-conspirators would later cook the cocaine and sell it as crack to local dealers in Elyria. During the conspiracy, agents seized approximately ½ kilo of cocaine, 100 grams of crack, oxycodone pills, and five firearms.
- The Southern District of Ohio reported the arrest of an individual who had previously served a nine-year state prison sentence for drug trafficking. On October 22, 2019, after law enforcement observed activity consistent with drug transactions, including the delivery of what appeared to be a kilogram of narcotics by a courier, members of the FBI Safe Streets Task Force executed a search warrant at a residence in Dayton, Ohio, where they located three firearms, 1,205 grams of methamphetamine, 1,716 grams of fentanyl, 305 grams of heroin, drug processing equipment, and 12 cellular telephones. One of the recovered cellular telephones contained photographs of multiple kilograms of fentanyl and communications with a narcotics supplier. Through subsequent investigation, law enforcement recovered an additional 19.5 kilograms of fentanyl/carfentanil.
- The Western District of Pennsylvania prosecuted 98 SOS cases thus far in FY 2020. Particularly noteworthy among them is the prosecution of Lynell Guyton. Guyton was convicted by a jury of conspiracy to distribute 100 grams or more of cyclopropyl fentanyl and other charges, including firearms and money laundering violations. Guyton, who had been receiving shipments of fentanyl analogues from China, is both a Career Offender and an Armed Career Criminal. The case gained media attention when, during the execution of a search warrant in connection with the charges, the conspirators tipped over a table, sending cyclopropyl fentanyl into the air, sickening several law enforcement officers on the scene.
- The Northern District of West Virginia reported a July 21, 2020, forty-four count indictment against 12 defendants. During the nearly yearlong investigation, law enforcement officers seized more than 280 grams of cocaine base and more than 40 grams of fentanyl from one of the defendant’s residences in Harpers Ferry, West Virginia. Throughout the investigation, officers seized more than 280 grams of fentanyl, acetyl fentanyl, and heroin; more than 350 grams of cocaine base; more than one kilogram of liquid PCP; various amounts of cocaine; five firearms; and over $28,000.
- The Southern District of West Virginia reported that after a three-day trial, a jury in the convicted Steven McCallister of distribution of fentanyl, possession intending to distribute fentanyl, being a felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking. Officers conducted a 50-gram purchase of heroin from McCallister, which then led to the execution of a search warrant at McCallister’s home. Officers seized over one kilogram of fentanyl and a firearm.
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U.S. Attorney J. Douglas Overbey Announces $150,000 in Department of Justice Grant Award to the County of FranklinRead the Press Release
KNOXVILLE, Tenn. – United States Attorney J. Douglas Overbey of the Eastern District of Tennessee announced today that $150,000 was awarded in Department of Justice grant to address reducing injury and death of missing individuals with dementia and developmental disabilities in the County of Franklin, Tennessee.
The Reducing Injury and Death of Missing Individuals with Dementia and Developmental Disabilities program supports local jurisdictions’ efforts to reduce the number of deaths and injuries of individuals with forms of dementia, such as Alzheimer’s disease or developmental disabilities, such as autism who, due to their condition, wander from safe environments.
“At most stages of dementia, a person can become disoriented or confused of where they are. Dementia impairs judgment and problem-solving skills, and many caregivers struggle to manage how to best care for their loved ones. This funding will help provide much needed search tools to help agencies to locate vulnerable individuals who have wandered away from their communities,” said U.S. Attorney Overbey.
Kevin and Avonte’s Law, enacted in 2018, authorized BJA to support local efforts to address this public safety challenge by providing grants to health care agencies, law enforcement, and other public safety agencies, and, additionally for Category 1, nonprofit organizations that (1) implement locative technologies to track missing individuals, and/or (2) develop or operate programs to prevent wandering, increase individuals’ safety, and facilitate rescue.
The Partnership for Franklin County Prevention Coalition and its collaborative partners, the Department of Mental Health and Substance Abuse Services, Coffee County Circuit Courts; Coffee County District Attorney’s Office; Manchester Police Department; Franklin County Senior Citizen Center; and Franklin County Sheriff’s Office; and the Legal Aid of East Tennessee – Erlanger Health Law Partnership, will use this grant to fund law enforcement and public safety agencies to implement locative technologies to track missing individuals; and to such agencies and partnering nonprofit organizations to develop or operate programs to prevent wandering, increase individuals’ safety, and facilitate rescues.
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U.S. Attorney Duncan Announces Results in Fight Against the Opioid Crisis Two Years After Launch of Operation S.O.S.Read the Press Release
LEXINGTON, KY- In July 2018, the Department of Justice announced the launch of Operation Synthetic Opioid Surge (S.O.S), a program aimed at reducing the supply of synthetic opioids in 10 high impact areas, including the Eastern District of Kentucky, and identifying wholesale distribution networks and international and domestic suppliers.
Under Operation SOS, the United States Attorneys in 10 districts with some of the highest drug overdose death rates in the country each designated a county where they would focus on prosecuting every readily available case involving fentanyl, fentanyl analogues, and other synthetic opioids, regardless of the drug quantity.
“The Justice Department’s commitment to fighting the opioids epidemic is stronger than ever, and we are using every tool in our arsenal to disrupt the supply of these drugs on our streets,” said Deputy Attorney General Jeffrey A. Rosen. “Operation SOS has had a significant positive impact on the communities where it is being employed. The Department will continue to build on these successes and work to stop the drug traffickers who so callously wreck lives.”
“Operation SOS has helped us remove deadly fentanyl from Fayette County, almost certainly saving lives,” said U.S. Attorney Robert M. Duncan, Jr. “Yet, even with the progress made that has been made, we still recognize there is still more work to be done. Along with our federal, state, and local law enforcement partners, we remain committed to devoting all available tools to combat the drug crisis, including our focus on aggressively pursuing charges against fentanyl traffickers, conducting community outreach and education, and encouraging those who need help to seek treatment.”
According to the 2019 Overdose Fatality Report, released by the Kentucky Office of Drug Control Policy, five counties in the Eastern District of Kentucky had the highest OD death rate per capita in the Commonwealth. Opioids, including fentanyl and fentanyl analogues, accounted for the largest number of deaths. The largest decrease of overdose deaths occurred in Fayette County, where Operation SOS has been employed. Fayette County had 22 fewer Kentucky resident fatalities in 2019 compared to 2018.
Nationally, since 2018, Operation SOS has resulted in approximately 750 defendants being charged in federal court, with 384 of those defendants charged thus far in FY 20. Most importantly, the districts participating in the program have seen a decline in opioid overdoses. From 2017 to 2019, most SOS counties reported a decline of 14 percent to 24 percent. One notable success was in the Western District of Pennsylvania, where the opioid overdose rates declined by nearly 45 percent.
- The Eastern District of California has reported 60 active Operation S.O.S. investigations. Recently, the USAO charged one sentence-enhanced “death resulting” prosecution. In February 2020, another investigation resulted in the seizure of over 20,000 fentanyl-laced counterfeit oxycodone pills.
- The District of Maine reported a July 2020 arrest of a defendant on charges of distributing counterfeit fentanyl pills marked as Percocet, in connection with a fatal fentanyl overdose that occurred in May 2020. In addition, a Maine man was sentenced in February 2020 to five years in prison for two counts of possession with intent to distribute fentanyl, in connection with an incident where the defendant was found in possession of fentanyl less than 24 hours after he was released on a state summons for possession of fentanyl.
- The District of New Hampshire reported the October 2019 arrest of a man on a warrant for distributing fentanyl. Manchester Police Detectives executed a search warrant on a local drug-house, where they located approximately 850 grams of methamphetamine and 56 grams of fentanyl, several assault-style rifles, a handgun, ammunition, scales, safes, cash, and cellphones.
- The Northern District of Ohio reported a 10-defendant wire case involving a drug trafficking organization (DTO) operating out of Elyria and Sandusky, Ohio. The DTO purchased kilogram quantities of cocaine and oxycodone pills. Co-conspirators would later cook the cocaine and sell it as crack to local dealers in Elyria. During the conspiracy, agents seized approximately ½ kilo of cocaine, 100 grams of crack, oxycodone pills, and five firearms.
- The Southern District of Ohio reported the arrest of an individual who had previously served a nine-year state prison sentence for drug trafficking. On October 22, 2019, after law enforcement observed activity consistent with drug transactions, including the delivery of what appeared to be a kilogram of narcotics by a courier, members of the FBI Safe Streets Task Force executed a search warrant at a residence in Dayton, Ohio, where they located three firearms, 1,205 grams of methamphetamine, 1,716 grams of fentanyl, 305 grams of heroin, drug processing equipment, and 12 cellular telephones. One of the recovered cellular telephones contained photographs of multiple kilograms of fentanyl and communications with a narcotics supplier. Through subsequent investigation, law enforcement recovered an additional 19.5 kilograms of fentanyl/carfentanil.
- The Western District of Pennsylvania prosecuted 98 SOS cases thus far in FY 2020. Particularly noteworthy among them is the prosecution of Lynell Guyton. Guyton was convicted by a jury of conspiracy to distribute 100 grams or more of cyclopropyl fentanyl and other charges, including firearms and money laundering violations. Guyton, who had been receiving shipments of fentanyl analogues from China, is both a Career Offender and an Armed Career Criminal. The case gained media attention when, during the execution of a search warrant in connection with the charges, the conspirators tipped over a table, sending cyclopropyl fentanyl into the air, sickening several law enforcement officers on the scene.
- The Eastern District of Tennessee reported multiple cases arising out of a single investigation involving a drug trafficking organization responsible for trafficking heroin and fentanyl from Michigan to various communities in the Eastern District of Tennessee. 29 defendants have been indicted on various charges, including drug trafficking conspiracy, overdose death enhancements, money-laundering conspiracy, and various firearms offenses. More than 5.5 kilograms of heroin and/or fentanyl and 11 firearms were seized during the investigation.
- The Northern District of West Virginia reported a July 21, 2020, forty-four count indictment against 12 defendants. During the nearly yearlong investigation, law enforcement officers seized more than 280 grams of cocaine base and more than 40 grams of fentanyl from one of the defendant’s residences in Harpers Ferry, West Virginia. Throughout the investigation, officers seized more than 280 grams of fentanyl, acetyl fentanyl, and heroin; more than 350 grams of cocaine base; more than one kilogram of liquid PCP; various amounts of cocaine; five firearms; and over $28,000.
- The Southern District of West Virginia reported that after a three-day trial, a jury in the convicted Steven McCallister of distribution of fentanyl, possession with the intent to distribute fentanyl, being a felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking. Officers conducted a 50-gram purchase of heroin from McCallister, which then led to the execution of a search warrant at McCallister’s home. Officers seized over one kilogram of fentanyl and a firearm.
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U.S. Attorney DeVillers announces results in fight against opioid crisis 2 years after launch of operation S.O.S.Read the Press Release
DAYTON – In July 2018, the Department of Justice announced the launch of Operation Synthetic Opioid Surge (S.O.S), a program aimed at reducing the supply of synthetic opioids in 10 high impact areas, including the Southern District of Ohio, and identifying wholesale distribution networks and international and domestic suppliers.
Under Operation SOS, the United States Attorneys in 10 districts with some of the highest drug overdose death rates in the country each designated a county where they would focus on prosecuting every readily available case involving fentanyl, fentanyl analogues, and other synthetic opioids, regardless of the drug quantity.
“The Justice Department’s commitment to fighting the opioids epidemic is stronger than ever, and we are using every tool in our arsenal to disrupt the supply of these drugs on our streets,” said Deputy Attorney General Jeffrey A. Rosen. “Operation SOS has had a significant positive impact on the communities where it is being employed. The Department will continue to build on these successes and work to stop the drug traffickers who so callously wreck lives.”
In Dayton, 106 defendants have been charged in federal court since the initiative started, including approximately 50 defendants charged in FY2020.
One Dayton case – U.S. v. Marco Villa et al. – involved the lead defendant arranging for bulk amounts of fentanyl to be shipped from Mexico to his grandmother’s house in Dayton where it was picked up and kept at various places around the city. When federal agents questioned him on June 26, 2019, they seized 483 grams of fentanyl at his house. The defendant intended to accept another 256 grams that day.
Villa was sentenced on Sept. 9 to 150 months in prison.
U.S. v. Anthony Franklin, et al. involves an individual who had previously served a nine-year state prison sentence for drug trafficking. On Oct. 22, 2019, after law enforcement observed activity consistent with drug transactions, including the delivery of what appeared to be a kilogram of narcotics by a courier, members of the FBI Safe Streets Task Force executed a search warrant at a residence in Dayton, where they located three firearms, 1,205 grams of methamphetamine, 1,716 grams of fentanyl, 305 grams of heroin, drug processing equipment and 12 cell phones.
One of the recovered cell phones contained photographs of multiple kilograms of fentanyl and communications with a narcotics supplier. Through subsequent investigation, law enforcement recovered an additional 19.5 kilograms of fentanyl/carfentanil.
Another case involved defendant Robert Cartwright. On Oct. 9, 2019, members of the Dayton -based Regional Agencies Narcotics and Gun Enforcement Task Force (RANGE), working in conjunction with DEA Ft. Wayne, watched an Indiana-based distributor of heroin/fentanyl purchase approximately 100 grams of fentanyl from Cartwright in Dayton. On Oct. 17, 2019, RANGE executed a search warrant at Cartwright’s residence, and located 673.73 grams of fentanyl, a Glock 19, a Bushmaster AR-15 rifle, $42,424 in cash, and drug processing equipment, including a hydraulic press and press parts, and five digital scales.
Cartwright has pleaded guilty and is currently awaiting sentencing.
“Street drug dealers often mix or ‘cut’ their dope with fentanyl, a drug 50 times more powerful than pure heroin and so potent that a few grains the size of salt can kill a person,” said U.S. Attorney David M. DeVillers. “More than 230 people in Montgomery County have died from accidental illegal drug overdoses so far this year and statistically, it’s likely that many of the deaths can be tied to fentanyl.”
U.S. Attorney DeVillers commended the Assistant United States Attorneys and supporting staff of the Dayton U.S. Attorney’s Office for their efforts in prosecuting more than 100 fentanyl cases over the past two years.
Nationally, since 2018, Operation SOS has resulted in approximately 750 defendants being charged in federal court, with 384 of those defendants charged thus far in FY 20. Most importantly, the districts participating in the program have seen a decline in opioid overdoses. From 2017 to 2019, most SOS counties reported a decline of 14% to 24%. One notable success was in the Western District of Pennsylvania, where the opioid overdose rates declined by nearly 45%.
The nine other participating districts and some of their successes include:
- The Eastern District of California has reported 60 active Operation S.O.S. investigations. Recently, the USAO charged one sentence-enhanced “death resulting” prosecution. In February 2020, another investigation resulted in the seizure of over 20,000 fentanyl-laced counterfeit oxycodone pills.
- The Eastern District of Kentucky reported that an SOS investigation led to a residential search warrant and seizure of more than 1,300 grams of fentanyl, more than 500 grams of methamphetamine, $15,000 cash, two firearms, and paraphernalia used to traffic narcotics including a device for pressing fentanyl into a brick-like shape
- The District of Maine reported a July 2020 arrest of a defendant on charges of distributing counterfeit fentanyl pills marked as Percocet, in connection with a fatal fentanyl overdose that occurred in May 2020. In addition, a Maine man was sentenced in February 2020 to five years in prison for two counts of possession with intent to distribute fentanyl, in connection with an incident where the defendant was found in possession of fentanyl less than 24 hours after he was released on a state summons for possession of fentanyl.
- The District of New Hampshire reported the October 2019 arrest of a man on a warrant for distributing fentanyl. Manchester Police Detectives executed a search warrant on a local drug-house, where they located approximately 850 grams of methamphetamine and 56 grams of fentanyl, several assault-style rifles, a handgun, ammunition, scales, safes, cash, and cellphones.
- The Northern District of Ohio reported a 10-defendant wire case involving a drug trafficking organization (DTO) operating out of Elyria and Sandusky, Ohio. The DTO purchased kilogram quantities of cocaine and oxycodone pills. Co-conspirators would later cook the cocaine and sell it as crack to local dealers in Elyria. During the conspiracy, agents seized approximately ½ kilo of cocaine, 100 grams of crack, oxycodone pills, and five firearms.
- The Western District of Pennsylvania prosecuted 98 SOS cases thus far in FY 2020. Particularly noteworthy among them is the prosecution of Lynell Guyton. Guyton was convicted by a jury of conspiracy to distribute 100 grams or more of cyclopropyl fentanyl and other charges, including firearms and money laundering violations. Guyton, who had been receiving shipments of fentanyl analogues from China, is both a Career Offender and an Armed Career Criminal. The case gained media attention when, during the execution of a search warrant in connection with the charges, the conspirators tipped over a table, sending cyclopropyl fentanyl into the air, sickening several law enforcement officers on the scene.
- The Eastern District of Tennessee reported multiple cases arising out of a single investigation involving a drug trafficking organization responsible for trafficking heroin and fentanyl from Michigan to various communities in the Eastern District of Tennessee. 29 defendants have been indicted on various charges, including drug trafficking conspiracy, overdose death enhancements, money-laundering conspiracy, and various firearms offenses. More than 5.5 kilograms of heroin and/or fentanyl and 11 firearms were seized during the investigation.
- The Northern District of West Virginia reported a July 21, 2020, 44- count indictment against 12 defendants. During the nearly yearlong investigation, law enforcement officers seized more than 280 grams of cocaine base and more than 40 grams of fentanyl from one of the defendant’s residences in Harpers Ferry, West Virginia. Throughout the investigation, officers seized more than 280 grams of fentanyl, acetyl fentanyl, and heroin; more than 350 grams of cocaine base; more than one kilogram of liquid PCP; various amounts of cocaine; five firearms; and over $28,000.
- The Southern District of West Virginia reported that after a three-day trial, a jury convicted Steven McCallister of distribution of fentanyl, possession with the intent to distribute fentanyl, being a felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking. Officers conducted a 50-gram purchase of heroin from McCallister, which then led to the execution of a search warrant at McCallister’s home. Officers seized over one kilogram of fentanyl and a firearm.
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U.S. Attorney Brady Announces Results in Fight against the Opioid Crisis Two Years after Launch of Operation S.O.S.Read the Press Release
PITTSBURGH – In July 2018, the Department of Justice announced the launch of Operation Synthetic Opioid Surge (S.O.S), a program aimed at reducing the supply of synthetic opioids in 10 high impact areas, including the Western District of Pennsylvania, and identifying wholesale distribution networks and international and domestic suppliers.
Under Operation SOS, the United States Attorneys in 10 districts with some of the highest drug overdose death rates in the country each designated an area where they would focus on prosecuting every readily available case involving fentanyl, fentanyl analogues, and other synthetic opioids, regardless of the drug quantity.
"The Justice Department’s commitment to fighting the opioids epidemic is stronger than ever, and we are using every tool in our arsenal to disrupt the supply of these drugs on our streets," said Deputy Attorney General Jeffrey A. Rosen. "Operation SOS has had a significant positive impact on the communities where it is being employed. The Department will continue to build on these successes and work to stop the drug traffickers who so callously wreck lives."
"Under SOS, we have targeted the most significant and prolific synthetic opioid traffickers who are dealing the most harmful drugs that are killing our neighbors," said U.S. Attorney Brady. "By taking both the drugs and the traffickers off the streets, we are saving lives. That vital work continues."
The Western District of Pennsylvania has prosecuted 98 SOS cases thus far in FY 2020.
• Particularly noteworthy among them is the prosecution of Lynell Guyton. A federal jury in January convicted Guyton of conspiracy to distribute 100 grams or more of cyclopropyl fentanyl and other charges, including firearms and money laundering violations. Guyton, who had been receiving shipments of fentanyl analogues from China, is both a Career Offender and an Armed Career Criminal. The case gained media attention when, during the execution of a search warrant in connection with the charges, the conspirators tipped over a table, sending cyclopropyl fentanyl into the air, sickening 18 Pittsburgh SWAT team members on the scene.
• Last autumn, we charged two people following eight drug overdoses in Pittsburgh and West Mifflin. According to the indictment and a criminal complaint filed in the case, on September 22, 2019, Peter Rene Sanchez Montalvo distributed fentanyl and acetyl fentanyl at a party in an apartment located on Tunnel Boulevard on Pittsburgh’s South Side. The indictment alleges that the distribution resulted in the deaths of R.M., J.P., and J.S., as well as serious bodily injury to F.M., G.G., and P.R. A separate, but related, indictment and criminal complaint alleges that on September 23, 2019, Derek Omar Smith possessed with intent to distribute fentanyl and acetyl fentanyl. At 3:15 a.m., West Mifflin Police were dispatched to a suspected overdose on Bowes Avenue in West Mifflin. Upon arrival they located two individuals who had overdosed, and who medics were able to revive with naloxone.
• The charges in Tyric Allen, et al. arose out of an FBI OCDETF wiretap investigation, which targeted a violent street gang, known as the Shot Boyz, in Pittsburgh. Twenty-six targets (21 from Allegheny County and five from Westmoreland County) were indicted on charges of selling large quantities of fentanyl in the City of Pittsburgh, surrounding neighborhoods, and in Latrobe, PA.
• Finally, last week a criminal complaint was filed charging Yarelis Mary Garcia Corretjer, of Philadelphia, PA, and Reyelin Manuel Abreu Vasquez, of the Dominican Republic, with possessing approximately 400 bricks of suspected fentanyl during a traffic stop by Pennsylvania State Police troopers.
Nationally, since 2018, Operation SOS has resulted in approximately 750 defendants being charged in federal court, with 384 of those defendants charged thus far in FY 20. Most importantly, the districts participating in the program have seen a decline in opioid overdoses. From 2017 to 2019, most SOS counties reported a decline of 14% to 24%. One notable success was in the Western District of Pennsylvania, where the opioid overdose rates declined by nearly 45%.
The nine other participating SOS districts and some of their successes are listed below:
• The Eastern District of California has reported 60 active Operation S.O.S. investigations. Recently, the USAO charged one sentence-enhanced "death resulting" prosecution. In February 2020, another investigation resulted in the seizure of over 20,000 fentanyl-laced counterfeit oxycodone pills.
• The Eastern District of Kentucky reported that an SOS investigation led to a residential search warrant and seizure of more than 1,300 grams of fentanyl, more than 500 grams of methamphetamine, $15,000 cash, two firearms, and paraphernalia used to traffic narcotics including a device for pressing fentanyl into a brick-like shape
• The District of Maine reported a July 2020 arrest of a defendant on charges of distributing counterfeit fentanyl pills marked as Percocet, in connection with a fatal fentanyl overdose that occurred in May 2020. In addition, a Maine man was sentenced in February 2020 to five years in prison for two counts of possession with intent to distribute fentanyl, in connection with an incident where the defendant was found in possession of fentanyl less than 24 hours after he was released on a state summons for possession of fentanyl.
• The District of New Hampshire reported the October 2019 arrest of a man on a warrant for distributing fentanyl. Manchester Police Detectives executed a search warrant on a local drug-house, where they located approximately 850 grams of methamphetamine and 56 grams of fentanyl, several assault-style rifles, a handgun, ammunition, scales, safes, cash, and cellphones.
• The Northern District of Ohio reported a 10-defendant wire case involving a drug trafficking organization (DTO) operating out of Elyria and Sandusky, Ohio. The DTO purchased kilogram quantities of cocaine and oxycodone pills. Co-conspirators would later cook the cocaine and sell it as crack to local dealers in Elyria. During the conspiracy, agents seized approximately ½ kilo of cocaine, 100 grams of crack, oxycodone pills, and five firearms.
• The Southern District of Ohio reported the arrest of an individual who had previously served a nine-year state prison sentence for drug trafficking. On October 22, 2019, after law enforcement observed activity consistent with drug transactions, including the delivery of what appeared to be a kilogram of narcotics by a courier, members of the FBI Safe Streets Task Force executed a search warrant at a residence in Dayton, Ohio, where they located three firearms, 1,205 grams of methamphetamine, 1,716 grams of fentanyl, 305 grams of heroin, drug processing equipment, and 12 cellular telephones. One of the recovered cellular telephones contained photographs of multiple kilograms of fentanyl and communications with a narcotics supplier. Through subsequent investigation, law enforcement recovered an additional 19.5 kilograms of fentanyl/carfentanil.
• The Eastern District of Tennessee reported multiple cases arising out of a single investigation involving a drug trafficking organization responsible for trafficking heroin and fentanyl from Michigan to various communities in the Eastern District of Tennessee. 29 defendants have been indicted on various charges, including drug trafficking conspiracy, overdose death enhancements, money-laundering conspiracy, and various firearms offenses. More than 5.5 kilograms of heroin and/or fentanyl and 11 firearms were seized during the investigation.
• The Northern District of West Virginia reported a July 21, 2020, forty-four count indictment against 12 defendants. During the nearly yearlong investigation, law enforcement officers seized more than 280 grams of cocaine base and more than 40 grams of fentanyl from one of the defendant’s residences in Harpers Ferry, West Virginia. Throughout the investigation, officers seized more than 280 grams of fentanyl, acetyl fentanyl, and heroin; more than 350 grams of cocaine base; more than one kilogram of liquid PCP; various amounts of cocaine; five firearms; and over $28,000.
• The Southern District of West Virginia reported that after a three-day trial, a jury in the convicted Steven McCallister of distribution of fentanyl, possession with the intent to distribute fentanyl, being a felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking. Officers conducted a 50-gram purchase of heroin from McCallister, which then led to the execution of a search warrant at McCallister’s home. Officers seized over one kilogram of fentanyl and a firearm.
U.S. Attorney Bill Powell announces results in fight against the opioid crisis two years after launch of Operation S.O.S.Read the Press Release
MARTINSBURG, WEST VIRGINIA – In July 2018, the Department of Justice announced the launch of Operation Synthetic Opioid Surge (S.O.S), a program aimed at reducing the supply of synthetic opioids in 10 high impact areas, including the Northern District of West Virginia, and identifying wholesale distribution networks and international and domestic suppliers.
Under Operation SOS, the United States Attorneys in 10 districts with some of the highest drug overdose death rates in the country each designated a county where they would focus on prosecuting every readily available case involving fentanyl, fentanyl analogues, and other synthetic opioids, regardless of the drug quantity.
“The Justice Department’s commitment to fighting the opioids epidemic is stronger than ever, and we are using every tool in our arsenal to disrupt the supply of these drugs on our streets,” said Deputy Attorney General Jeffrey A. Rosen. “Operation SOS has had a significant positive impact on the communities where it is being employed. The Department will continue to build on these successes and work to stop the drug traffickers who so callously wreck lives.”
In the Northern District of West Virginia, Berkeley County, which sees the highest overdose death rate in the district, is a designated SOS area. As an example of the good work Operation SOS fuels, U.S. Attorney Bill Powell of the Northern District of West Virginia announced on July 21, 2020, a 44-count indictment against 12 defendants. During the nearly year-long investigation, law enforcement officers seized more than 280 grams of cocaine base and more than 40 grams of fentanyl from one of the defendant’s residences in Harpers Ferry, West Virginia. Throughout the investigation, officers seized more than 280 grams of fentanyl, acetyl fentanyl, and heroin; more than 350 grams of cocaine base; more than one kilogram of liquid PCP; various amounts of cocaine; five firearms; and over $28,000.
“The Northern District of West Virginia has been especially hard hit by opioid trafficking. Berkeley County was designated as a S.O.S impact area and we were consequently provided additional resources, including an additional prosecutor, to confront the problem. These resources have paved the way for considerable prosecutions and the removing of considerable fentanyl, guns and other drugs from our communities. Those responsible were prosecuted and lives have been saved as a result,” said Powell.In the Northern District of West Virginia, Operation SOS has initiated 64 investigations with 99 defendants being charged in federal court since its inception in 2018. Thus far in 2020, investigators have seized over 2 pounds of fentanyl in Berkeley County. That is enough fentanyl to kill 1.3 million people.
Nationally, since 2018, Operation SOS has resulted in approximately 750 defendants being charged in federal court, with 384 of those defendants charged thus far in FY 20. Most importantly, the districts participating in the program have seen a decline in opioid overdoses. From 2017 to 2019, most SOS counties reported a decline of 14% to 24%. One notable success was in the Western District of Pennsylvania, where the opioid overdose rates declined by nearly 45%.
The nine other participating districts and some of their successes are listed below: • The Eastern District of California has reported 60 active Operation S.O.S. investigations. Recently, the USAO charged one sentence-enhanced “death resulting” prosecution. In February 2020, another investigation resulted in the seizure of over 20,000 fentanyl-laced counterfeit oxycodone pills.
• The Eastern District of Kentucky reported that an SOS investigation led to a residential search warrant and seizure of more than 1,300 grams of fentanyl, more than 500 grams of methamphetamine, $15,000 cash, two firearms, and paraphernalia used to traffic narcotics including a device for pressing fentanyl into a brick-like shape
• The District of Maine reported a July 2020 arrest of a defendant on charges of distributing counterfeit fentanyl pills marked as Percocet, in connection with a fatal fentanyl overdose that occurred in May 2020. In addition, a Maine man was sentenced in February 2020 to five years in prison for two counts of possession with intent to distribute fentanyl, in connection with an incident where the defendant was found in possession of fentanyl less than 24 hours after he was released on a state summons for possession of fentanyl.
• The District of New Hampshire reported the October 2019 arrest of a man on a warrant for distributing fentanyl. Manchester Police Detectives executed a search warrant on a local drug-house, where they located approximately 850 grams of methamphetamine and 56 grams of fentanyl, several assault-style rifles, a handgun, ammunition, scales, safes, cash, and cellphones.
• The Northern District of Ohio reported a 10-defendant wire case involving a drug trafficking organization (DTO) operating out of Elyria and Sandusky, Ohio. The DTO purchased kilogram quantities of cocaine and oxycodone pills. Co-conspirators would later cook the cocaine and sell it as crack to local dealers in Elyria. During the conspiracy, agents seized approximately ½ kilo of cocaine, 100 grams of crack, oxycodone pills, and five firearms.
• The Southern District of Ohio reported the arrest of an individual who had previously served a nine-year state prison sentence for drug trafficking. On October 22, 2019, after law enforcement observed activity consistent with drug transactions, including the delivery of what appeared to be a kilogram of narcotics by a courier, members of the FBI Safe Streets Task Force executed a search warrant at a residence in Dayton, Ohio, where they located three firearms, 1,205 grams of methamphetamine, 1,716 grams of fentanyl, 305 grams of heroin, drug processing equipment, and 12 cellular telephones. One of the recovered cellular telephones contained photographs of multiple kilograms of fentanyl and communications with a narcotics supplier. Through subsequent investigation, law enforcement recovered an additional 19.5 kilograms of fentanyl/carfentanil.
• The Western District of Pennsylvania prosecuted 98 SOS cases thus far in FY 2020. Particularly noteworthy among them is the prosecution of Lynell Guyton. Guyton was convicted by a jury of conspiracy to distribute 100 grams or more of cyclopropyl fentanyl and other charges, including firearms and money laundering violations. Guyton, who had been receiving shipments of fentanyl analogues from China, is both a Career Offender and an Armed Career Criminal. The case gained media attention when, during the execution of a search warrant in connection with the charges, the conspirators tipped over a table, sending cyclopropyl fentanyl into the air, sickening several law enforcement officers on the scene.
• The Eastern District of Tennessee reported multiple cases arising out of a single investigation involving a drug trafficking organization responsible for trafficking heroin and fentanyl from Michigan to various communities in the Eastern District of Tennessee. 29 defendants have been indicted on various charges, including drug trafficking conspiracy, overdose death enhancements, money-laundering conspiracy, and various firearms offenses. More than 5.5 kilograms of heroin and/or fentanyl and 11 firearms were seized during the investigation.
• The Southern District of West Virginia reported that after a three-day trial, a jury in the convicted Steven McCallister of distribution of fentanyl, possession with the intent to distribute fentanyl, being a felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking. Officers conducted a 50-gram purchase of heroin from McCallister, which then led to the execution of a search warrant at McCallister’s home. Officers seized over one kilogram of fentanyl and a firearm.
U.S. Accountant in Panama Papers Investigation Sentenced to PrisonRead the Press Release
A U.S. accountant was sentenced in the Southern District of New York to 39 months in prison for wire fraud, tax fraud, money laundering, aggravated identity theft, and other charges, announced Acting Assistant Attorney General Brian C. Rabbitt and Acting U.S. Attorney Audrey Strauss of the Southern District of New York.
Richard Gaffey, aka Dick Gaffey, 76, a U.S. citizen and resident of Medfield, Massachusetts, pleaded guilty to one count of conspiracy to commit tax evasion and to defraud the United States; one count of wire fraud; one count of money laundering conspiracy; four counts of willful failure to file Reports of Foreign Bank and Financial Accounts, FinCEN Reports 114; and one count of aggravated identity theft. In addition to 39 months’ imprisonment, U.S. District Judge Richard M. Berman ordered Gaffey to serve three years of supervised release, to pay forfeiture in the amount of a sum of $5,373,609 and restitution in the amount of $3,459,315, and to pay a fine in the amount of $ 25,000.
Gaffey was charged along with Harald Joachim von der Goltz, Ramses Owens, and Dirk Brauer in connection with a decades-long criminal scheme perpetrated by Mossack Fonseca & Co. (Mossack Fonseca), a Panama-based global law firm, and its related entities. Gaffey previously pled guilty to the charges, and was sentenced today by U.S. District Judge Richard M. Berman.
According to the allegations contained in the indictments, other filings in this case, and statements during court proceedings, including Gaffey’s guilty plea and sentencing hearings:
Since at least 2000 through 2018, Gaffey conspired with others to defraud the United States by concealing his clients’ assets and investments, and the income generated by those assets and investments, from the IRS through fraudulent, deceitful, and dishonest means. During all relevant times, Gaffey assisted U.S. taxpayers who were required to report and pay income tax on worldwide income, including income and capital gains generated in domestic and foreign bank accounts.
Gaffey helped those U.S. taxpayers evade their tax reporting obligations in a variety of ways, including by hiding the beneficial ownership of his clients’ offshore shell companies and setting up bank accounts for those shell companies. These shell companies and bank accounts made investments totaling tens of millions of dollars. For one U.S. taxpayer, Gaffey advised how to covertly repatriate approximately $3 million to the United States by reporting to the IRS a fictitious company sale that never actually occurred to evade paying the full U.S. tax amount. Gaffey was assisted in this scheme through the use of Mossack Fonseca, including Ramses Owens, a Panamanian lawyer who previously worked at Mossack Fonseca.
Gaffey was the U.S. accountant for Harald Joachim von der Goltz. From 2000 until 2017, von der Goltz was a U.S. resident and was subject to U.S. tax laws, which required him to report and pay income tax on worldwide income. In furtherance of von der Goltz’s efforts to conceal his assets and income from the IRS, Gaffey falsely claimed that von der Goltz’s elderly mother was the sole beneficial owner of the shell companies and bank accounts at issue because, at all relevant times, she was a Guatemalan citizen and resident, and – unlike von der Goltz – was not a U.S. taxpayer. In support of this fraudulent scheme, Gaffey submitted the name, date of birth, government passport number, address, and other means of identification of von der Goltz’s elderly mother to a U.S. bank in Manhattan.
Von der Goltz was previously sentenced by Judge Berman principally to 48 months’ imprisonment. Owens and Brauer remain at large.
The Justice Department praised the outstanding investigative work of IRS-Criminal Investigation and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The Justice Department’s Tax Division and Office of International Affairs, the FBI, and law enforcement partners in France, the United Kingdom, and Germany provided significant assistance.
This case is being prosecuted by Trial Attorney Michael Parker of the Criminal Division’s Money Laundering and Asset Recovery Section of the Justice Department and Assistant U.S. Attorneys Eun Young Choi and Thane Rehn of the Manhattan U.S. Attorney’s Office’s Complex Frauds and Cybercrime Unit and Money Laundering and Transnational Criminal Enterprises Unit, with substantial support from previous co-counsel, Trial Attorney Parker Tobin of the Tax Division.
The charges as to Owens and Brauer are merely accusations, and they are presumed innocent unless and until proven guilty.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Accountant in Panama Papers Investigation Sentenced to 39 Months in PrisonRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and Brian C. Rabbitt, Acting Assistant Attorney General of the Criminal Division of the U.S. Department of Justice, announced today that RICHARD GAFFEY, a/k/a “Dick Gaffey,” was sentenced in Manhattan federal court to 39 months in prison for wire fraud, tax fraud, money laundering, aggravated identity theft, and other charges. GAFFEY, a resident of Massachusetts, was charged along with Harald Joachim von der Goltz, Ramses Owens, and Dirk Brauer in connection with a decades-long criminal scheme perpetrated by Mossack Fonseca & Co. (“Mossack Fonseca”), a Panama-based global law firm, and its related entities. GAFFEY previously pled guilty to the charges, and was sentenced today by U.S. District Judge Richard M. Berman.
Acting U.S. Attorney Audrey Strauss said: “Richard Gaffey was a tax accountant who specialized in sheltering his clients’ assets and income, aiding and abetting their evasion of their U.S. tax obligations. Now, after nearly two decades of felonious hide-and-seek, Gaffey has been sentenced to prison for his crimes.”
According to the allegations contained in the Indictments,[1] other filings in this case, and statements during court proceedings, including GAFFEY’s guilty plea and sentencing hearings:
Since at least 2000 through 2018, GAFFEY conspired with others to defraud the United States by concealing his clients’ assets and investments, and the income generated by those assets and investments, from the Internal Revenue Service (“IRS”) through fraudulent, deceitful, and dishonest means. During all relevant times, GAFFEY assisted U.S. taxpayers who were required to report and pay income tax on worldwide income, including income and capital gains generated in domestic and foreign bank accounts. GAFFEY helped those U.S. taxpayers evade their tax reporting obligations in a variety of ways, including by hiding the beneficial ownership of his clients’ offshore shell companies and setting up bank accounts for those shell companies. These shell companies and bank accounts made investments totaling tens of millions of dollars. For one U.S. taxpayer, GAFFEY advised how to covertly repatriate approximately $3 million to the United States by reporting to the IRS a fictitious company sale that never actually occurred to evade paying the full U.S. tax amount. GAFFEY was assisted in this scheme through the use of Mossack Fonseca, including Ramses Owens, a Panamanian lawyer who previously worked at Mossack Fonseca.
GAFFEY was the U.S. accountant for Harald Joachim von der Goltz. From 2000 until 2017, von der Goltz was a U.S. resident and was subject to U.S. tax laws, which required him to report and pay income tax on worldwide income. In furtherance of von der Goltz’s efforts to conceal his assets and income from the IRS, GAFFEY falsely claimed that von der Goltz’s elderly mother was the sole beneficial owner of the shell companies and bank accounts at issue because, at all relevant times, she was a Guatemalan citizen and resident, and – unlike von der Goltz – was not a U.S. taxpayer. In support of this fraudulent scheme, GAFFEY submitted the name, date of birth, government passport number, address, and other means of identification of von der Goltz’s elderly mother to a U.S. bank in Manhattan.
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GAFFEY, 76, a U.S. citizen and resident of Medfield, Massachusetts, pled guilty to one count of conspiracy to commit tax evasion and to defraud the United States; one count of wire fraud; one count of money laundering conspiracy; four counts of willful failure to file Reports of Foreign Bank and Financial Accounts, FINCEN Reports 114; and one count of aggravated identity theft. In addition to the prison term, Judge Berman ordered GAFFEY to serve three years of supervised release, to pay forfeiture in the amount of a sum of $5,373,609 and restitution in the amount of $3,459,315, and to pay a fine in the amount of $ 25,000.
Harald von der Goltz was sentenced by Judge Berman on September 21, 2020, principally to 48 months in prison. Owens and Brauer remain at large.
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Ms. Strauss praised the outstanding investigative work of IRS-CI and HSI, and thanked the Justice Department’s Tax Division and the Federal Bureau of Investigation for their significant assistance in the investigation. Ms. Strauss also thanked the U.S. Justice Department’s Office of International Affairs of the Department’s Criminal Division and law enforcement partners in France, the United Kingdom, and Germany for their assistance in the case.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit and Money Laundering and Transnational Criminal Enterprises Unit, working in partnership with the Money Laundering and Asset Recovery Section of the Criminal Division. Assistant United States Attorneys Eun Young Choi and Thane Rehn, along with Trial Attorney Michael Parker of the Money Laundering and Asset Recovery Section, are in charge of the prosecution.
The charges as to Owens and Brauer are merely accusations, and they are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the texts of the Indictments and the descriptions of the Indictments set forth herein constitute only allegations as to Owens and Brauer, and every fact described should be treated as an allegation.
Two Men Charged in South Florida Federal Court with Kidnapping and Torturing Cuban MigrantsRead the Press Release
Miami, Fl. – Two men have made their initial appearances in the Southern District of Florida on charges that they participated in an alien smuggling ring that involved kidnapping and torturing Cuban nationals and extorting victims’ family members for money.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI’s Miami Field Office, and Anthony Salisbury, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s, Homeland Security Investigations (ICE-HSI) Miami Field Office, made the announcement.
The criminal complaint affidavits filed in the Southern District of Florida against Reynaldo Marquez Crespo, 41, and Jancer Sergio Ramos Valdes, 33, allege the following: Defendants tricked their victims into believing that they were going to smuggle them from Cuba into the United States. Instead, Crespo, Valdes, and their co-conspirators transported the victims by boat to Merida, Mexico, locked them in a house, and held them captive for ransom. Crespo, Valdes, and others commanded each victim to provide contact information for a family member who could pay a $10,000 ransom. The men contacted the victims’ relatives, some of whom were located in Miami, and threatened to torture, starve, and kill the victims if the relatives refused to pay. If a victim’s relative was able to pay the ransom, Crespo, Valdes, and others released the victim and sent that person by bus to the Mexican-United States border with instructions to seek political asylum. When victims’ relatives could not pay, those migrants were beaten, threatened with knives and firearms, and shocked with stun guns, according to the complaint affidavits.
Valdes was arrested in Connecticut, where a federal magistrate judge ordered him detained pending trial. Crespo was arrested in Texas. Both defendants were brought to Miami to face their charges. Yesterday, they made their initial appearances in the Southern District of Florida before U.S. Magistrate Judge Jonathan Goodman. Crespo’s pretrial detention hearing is set for September 28, 2020, at 1:00 p.m., in federal magistrate court in Miami.
These charges are the result of ongoing efforts of the Operation Sisyphus Task Force, a multi-agency partnership established by the Organized Crime Drug Enforcement Task Forces (OCDETF) Priority Transnational Organized Crime Program. The Operation Sisyphus Task Force was formed to combat Caribbean based organized crime and includes the U.S. Attorney’s Office for the Southern District of Florida, FBI Miami and HSI Miami. In recent years, the Operation Sisyphus Task Force has targeted organizations utilizing coercion and extortion to compel migrants and their families to make payments for the release of loved ones.
Operation Sisyphus is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States using a prosecutor-led, intelligence driven, multi-agency approach to combat transnational organized crime. The OCDETF program facilitates complex, joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.
FBI Miami and HSI Miami investigated this matter. Assistant United States Attorney Quinshawna Landon is prosecuting the case. Assistant United States Attorneys Adrienne Rosen and Annika Miranda are handling asset forfeiture.
If you believe you are a victim of migrant coercion or extortion or know someone who is, you are encouraged to call 1-800-CALLFBI (225-5324). You may also call 1-866-347-2423 or visit https://www.ice.gov/tipline. Help is available in English, Spanish, and additional languages.
A criminal complaint is an accusation and the statements it contains and referred to here are allegations. A defendant is presumed innocent unless and until found guilty.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case nos. 20-mj-3346 and 20-mj-3347.
Two Former Postal Service Employees Indicted on Federal ChargesRead the Press Release
SHREVEPORT, La. – A federal grand jury returned indictments yesterday charging two former United States Postal Service employees, Acting United States Attorney Alexander C. Van Hook announced.
Shinice Jordan, 32, of Shreveport, Louisiana, has been charged with one count of theft of mail matter and one count of delay or destruction of mail. According to the indictment, on July 23, 2019, Jordan, who worked as a Letter Carrier with the U.S. Postal Service, stole a Walmart gift card from a letter which had been entrusted to her to deliver. It is further alleged that on that same date, Jordan delayed the opening of the letter which was intended to be delivered by her as an employee of the U.S. Postal Service.
Sedarius Howard, 33, of Shreveport, Louisiana, has been charged with one count of delay or destruction of mail. The indictment alleges that on March 16, 2020, while working as a Letter Carrier with the U.S. Postal Service, Howard destroyed or delayed delivery of mail that was his duty as an employee to deliver.
If convicted, both Jordan and Howard face up to 5 years in prison, a $250,000 fine, or both.
The United States Postal Service-Office of Inspector General conducted the investigations. Assistant U.S. Attorney Robert F. Moody is prosecuting the cases.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Two Defendants Plead Guilty to Conspiracy to Use Forged Passports and Identification Cards in Widespread English Proficiency Exam Scheme Benefiting Chinese Nationals Seeking Student VisasRead the Press Release
WASHINGTON – Yixin Ren, 36, of Brooklyn, NY, and Yishan Lin, 35, of Queens, NY, pled guilty today before U.S. District Court Judge Timothy J. Kelly to one count of conspiracy to use false, forged, and counterfeited documents, in violation of 18 U.S.C. § 371, in connection with a scheme where Chinese nationals fraudulently obtained student visas by hiring people with fake Chinese passports to take an English proficiency test in their names.
The United States requires foreign citizens who wish to enter the United States on a temporary basis to study at a college or university to first obtain an F-1 student visa. To obtain a student visa, foreign citizens must first apply to study at a school that has been authorized by the Student and Exchange Visitor Program (SEVP) to enroll foreign students. In the United States, many SEVP-certified schools require foreign citizens whose first language is not English to certify proficiency in English by achieving a particular score on the TOEFL or other English proficiency examination.
When the foreign national goes to a TOEFL testing location, the test taker must present an original, non-expired, government-issued identification document recognized by their home country. As described in the indictment and the plea agreement, the defendants conspired to use counterfeit People’s Republic of China passports and national identification cards to impersonate at least 50 different Chinese nationals at various TOEFL testing locations internationally, including in the District of Columbia.
The announcement was made by Acting U.S. Attorney Michael R. Sherwin for the District of Columbia, and Special Agent in Charge Raymond Villanueva of the HSI Washington Field Office.
The charge of conspiracy to use false, forged, and counterfeited documents carries a statutory maximum penalty of five years in prison. Sentencing has been scheduled before the Honorable Timothy J. Kelly on December 11, 2020.
This case was investigated by Homeland Security Investigations’ Washington Field Office, with assistance from the U.S. Citizenship and Immigration Service’s Fraud Detection National Security Section and the U.S. Treasury Office of the Inspector General. The Educational Testing Service, which administers the TOEFL exam, has also provided assistance during the investigation.
This matter is being prosecuted by Assistant United States Attorney Jessi Camille Brooks of the National Security Section, with assistance from Paralegal Specialist Jorge Casillas. Special thanks go to former Assistant United States Attorney Jeff Pearlman and former Special Assistant United States Attorney Elizabeth Dewar.
Town of Brookhaven Agrees to Settle Federal Complaint by Complying with Clean Air Act RequirementsRead the Press Release
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, and Pete D. Lopez, Regional Administrator of the United States Environmental Protection Agency, Region 2 (EPA), announced today that the United States filed suit under the Clean Air Act (CAA) against the Town of Brookhaven (the Town) to address its longstanding failure to properly monitor and control noxious landfill gas emissions. The parties agreed to enter into a Consent Judgment, also filed today with the court, which requires the Town to perform injunctive relief that will bring its landfill into compliance with the CAA. Under the agreement, the Town will install and operate systems that reduce and monitor landfill gases, including sulfur dioxide, hydrogen sulfide and methane. The settlement also requires the Town to pay a civil penalty of $249,166.
The lawsuit and Consent Judgment were filed in the United States District Court for the Eastern District of New York, in Central Islip, New York. Following a 30-day public comment period, the United States will review any comments and, if appropriate, ask the court to enter the Consent Judgment.
“The United States brought this action to ensure that the Town of Brookhaven meets its obligation to protect air quality by properly operating systems that reduce potentially harmful landfill gas emissions. The resolution in this case protects air quality by preventing excess emissions of sulfur dioxide, hydrogen sulfide and methane. This Office will vigorously and faithfully enforce the rule of law to protect our community and our precious natural environment,” stated Acting United States Attorney DuCharme.
“The Town of Brookhaven, EPA and the Department of Justice have worked out an agreement that will ensure that hydrogen sulfide and other landfill gas emissions emanating from the Brookhaven landfill are properly monitored, detected, and controlled,” stated EPA Regional Administrator Lopez. “Putting these safeguards in place is essential to protecting human health and the environment. We look forward to our continued engagement on this issue.”
The CAA was passed by Congress in 1970 to protect public health and the environment through the regulation of air emissions from both stationary and mobile sources. The law requires the EPA to establish national ambient air quality standards (NAAQS) and imposes limitations on air pollutant emissions. State and local governments are required to adopt federally enforceable plans to meet these standards.
The Town of Brookhaven, the largest town in Suffolk County, owns and operates the Brookhaven Landfill and the Brookhaven Landfill Gas Recovery Facility. The landfill accepts municipal waste from the Town as well as other municipalities throughout Long Island. Waste is deposited at the Landfill into various Cells, which are equipped with gas collection and control systems (GCCS). Gas generated from Cells 5 and 6 contain high levels of hydrogen sulfide, which is combusted by an enclosed flare and oxidized into sulfur dioxide. The Town also operates a system called the SulfaTreat System, to reduce hydrogen sulfide concentration in the gas upstream of the flare, thereby reducing the sulfur dioxide emissions from the flare.
Since 2005, the Town’s facilities have violated the CAA and its implementing regulations related to landfill air pollutant emissions, as well as the Town’s Title V operating permit for its landfill. For example, the Town failed to: maintain proper temperatures in the landfill (which poses a risk for underground fires); properly monitor surface methane emissions; and continuously operate the SulfaTreat system, which reduces sulfur dioxide emissions from its flare. Some of these violations contributed to excessive sulfur dioxide in the ambient air surrounding the facility. In addition to its foul odor, sulfur dioxide can pose a danger to human, animal and plant health.
The settlement requires the Town to perform injunctive relief to bring its landfill facilities back into compliance with CAA. As such, the Town must maintain and operate the facilities and associated air pollution control equipment in a manner consistent with sound practices for minimizing emissions. Compliance with the CAA will require the Town to: properly operate the GCCS system, continuously operate the SulfaTreat system to reduce hydrogen sulfide concentrations from the landfill gas which will result in lower levels of sulfur dioxide emissions, install and operate a continuous hydrogen sulfide monitoring system, design and install a new taller flare to better disperse emissions, conduct monthly methane surface monitoring, and survey and correct any areas of high temperature in the landfill. The Town has also agreed to install 350 solar panels, expected to generate 129 kilowatts of electricity, as a means to further reduce the Town’s air emissions profile.
The civil negotiations and settlement were handled by Assistant U.S. Attorneys Diane C. Leonardo and Matthew Silverman, working with Liliana Villatora and Damaris Urdaz, Regional Counsel’s Office, U.S. EPA Region 2, and Gaetano LaVigna, Chief, Stationary Source Compliance Section, Air Compliance Branch, U.S. EPA Region 2.
Three California Men Sentenced for Scheme to Manipulate Stock Prices of Two Public CompaniesRead the Press Release
PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced that Chip Hackley, 49, of Hermosa Beach, CA, and George Matin, 51, of Los Angeles, CA, were each sentenced to 15 months in prison, to be followed by two years of supervised release, by United States District Court Judge Paul S. Diamond for conspiracy, wire fraud, and securities fraud. Previously, on September 16, 2020, Judge Diamond sentenced their co-conspirator, Harold Minsky, 81, of Northridge, CA, to one year and one day in prison, to be followed by the same term of supervised release.
Minsky, Matin, and Hackley conspired to manipulate the stock price and trading volume of public companies. As part of this conspiracy, Minsky and Matin attempted to manipulate the stock of two public companies: WGE Holdings Corp. (ticker symbol WGE), a gold mining business, and Holy Grail (ticker symbol HGRL), which produced and sold hemp and Cannabidiol (“CBD”) products. Hackley joined the scheme later, participating only in the manipulation of HGRL.
The conspirators planned to manipulate the stock of these companies by establishing control over both their restricted and free trading shares and coordinating the issuance of press releases with the stock promotions in order to give the false impression of market interest in the stock. As part of this conspiracy, they also agreed to engage in prearranged stock trades and to bribe purchasers to buy the stock.
In attempting to manipulate the stock of both WGE and HGRL, Minsky and Matin intended to generate approximately $9 million in illegal proceeds for themselves and their co-conspirators, and to cause corresponding losses to the conspiracy’s victims. With respect to HGRL, Hackley intended to generate approximately $4 million in illegal proceeds.
Minsky, Matin, and Hackley were charged by separate Informations, each charging conspiracy, wire fraud, and securities fraud. Minsky pleaded guilty on May 2, 2019, Hackley on May 15, 2019, and Matin on October 10, 2019.
“Innocent individuals who try to legitimately invest and save money for the future are the ones who lose big when greedy fraudsters like Minsky, Matin and Hackley manipulate the markets with pump and dump stock schemes,” said First Assistant U.S. Attorney Williams. “Market manipulation also causes our economy to take a hit because the public cannot trust that the markets are free and fair. Thanks to the excellent work of the FBI, SEC, and prosecutors from this Office, these defendants’ days of profiting off of others’ misfortune are over.”
The case is being investigated by the Federal Bureau of Investigation, with the assistance of the Securities and Exchange Commission. It is being prosecuted by Assistant United States Attorney Patrick J. Murray.
Syracuse Man Sentenced to More than Eight Years for Membership in 110 GangRead the Press Release
SYRACUSE, NEW YORK – Javon Peterson, age 39, of Syracuse, was sentenced today to serve 98 months in federal prison based on his previous guilty plea for violating the Racketeering Influenced Corrupt Organizations Act (RICO), announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Chief Kenton Buckner, City of Syracuse Police Department.
In imposing sentence, United States District Judge Frederick J. Scullin, Jr. also ordered Peterson to serve three years of supervised release following his term of imprisonment. As part of his guilty plea in the case, Peterson admitted that he was a member of the 110 Gang operating in the city of Syracuse. Peterson further admitted that he repeatedly distributed crack cocaine in 110 Gang territory. During sentencing today, the Court found that 110 Gang members regularly possessed and used firearms to facilitate their drug trafficking, that the defendant was aware of such use, and that he personally possessed a firearm in connection with the offense.
Peterson was one of 14 defendants charged in the case for violating RICO based on their membership in the 110 Gang. The other 13 men have all pled guilty or been convicted at trial. Five of the co-defendants were previously sentenced:
- Damani Prince was sentenced to 78 months in prison; 3 year term of supervised release
- Rashawn Wynn was sentenced to 92 months in prison; 3 year term of supervised release
- Davon Sullivan was sentenced to 68 months in prison; 3 year term of supervised release
- Qualik Vaughn was sentenced to 68 months in prison; 3 year term of supervised release
- Jason Lebron was sentenced to 92 months in prison, 3 year term of supervised release
The remaining defendants in the case await sentencing.
This case was investigated by the Federal Bureau of Investigation (FBI), the Syracuse Police Department, and the Gang Violence Task Force, which consists of members of the Syracuse Police, the FBI, the U.S. Drug Enforcement Administration (DEA), the U.S. Marshals Service, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the New York State Department of Corrections, the New York State Attorney General, and the Onondaga County District Attorney’s Office. This case was prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Kristen Grabowski.
This case was brought 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.
Syracuse Man Sentenced to 75 Months on Drug Trafficking ConvictionsRead the Press Release
SYRACUSE, NEW YORK – Theodore Fowler, age 33, of Syracuse, was sentenced today to serve 75 months in federal prison for his conviction for participating in a cocaine trafficking conspiracy, announced Acting United States Attorney Antoinette T. Bacon, Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), New York State Police Superintendent Keith Corlett, Sheriff Eugene Conway, Onondaga County Sheriff’s Office, and William J. Fitzpatrick, Onondaga County District Attorney. The defendant was also ordered to serve a three-year term of supervised release following his release from prison, and to forfeit $12,000 in proceeds from his drug trafficking activity.
Fowler was charged along with fourteen others in December 2018 for his role in the drug trafficking operation. All of the charged defendants pled guilty, and Fowler was the last to be sentenced. The other defendants were:
- Daitwaun Fair, 33, of Syracuse, sentenced to 102 months incarceration;
- Robert Payne, 39, of Ithaca, sentenced to 60 months incarceration;
- Margaret Bowman, 52, of Syracuse, sentenced to 15 months incarceration;
- Troy Jackson, 43, of Syracuse, sentenced to 46 months incarceration;
- Brian McAlpine, 31, of Syracuse, sentenced to 37 months incarceration;
- James Zupan, 60, of Syracuse, sentenced to 6 months incarceration;
- Marrell Edwards, 51, of Syracuse, sentenced to 48 months incarceration;
- Marcus Sales, 30, of Syracuse, sentenced to 6 months incarceration;
- Qualik Vaughn, 26, of Syracuse, sentenced to 66 months incarceration;
- Timothy Bowman, 33, of Syracuse, sentenced to 18 months incarceration
- Roosevelt Knight, 31, of Syracuse, sentenced to 33 months incarceration;
- Michael Starkey, 30, of Syracuse, sentenced to 61 months incarceration;
- Kenyatta Scott, 42, of Watertown, sentenced to 12 months incarceration;
- Rebecca Johnson, 42, of Watertown, sentenced to time served.
This case was investigated by the United States Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the New York State Police, the Onondaga County Sheriff’s Office, and the Onondaga County District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.
Suburban Manufacturer to Pay $1.7 Million Civil Penalty to SEC as Part of Resolution of Fraud Investigation by U.S. Attorney’s OfficeRead the Press Release
CHICAGO — Power Solutions International Inc., a suburban Chicago manufacturing company, has agreed to pay a $1.7 million civil penalty to the Securities and Exchange Commission and continue to cooperate with the government in a criminal prosecution of its former employees as part of a resolution of a fraud investigation by the U.S. Attorney’s Office.
PSI, which is based in Wood Dale, admitted in resolution documents that from 2014 to 2016, executives and other employees of the company participated in a scheme to defraud shareholders and other investors in connection with PSI’s common stock, which at the time was listed on the Nasdaq Stock Market. PSI admitted that during the scheme it fraudulently inflated by millions of dollars the revenue the company reported to the investing public in certain periods. In doing so, PSI admitted that it deceived the company’s shareholders and other investors about the company’s financial health and performance.
In addition to the $1.7 million civil penalty to the SEC, PSI previously agreed to pay $8.5 million to settle consolidated class action lawsuits brought by shareholders. The company will also strengthen its compliance program and provide periodic updates to the government on its progress.
The U.S. Attorney’s Office entered into a non-prosecution agreement to resolve this matter. In exchange for PSI’s fulfillment of its obligations under the agreement, the U.S. Attorney’s Office will not criminally prosecute the company for any of the conduct arising out of the corporate fraud investigation. The agreement does not relate to any potential tax charges. PSI’s obligations under the agreement, which has a term of three years, include continuing to provide cooperation in the criminal prosecutions of the company’s former executives. Former CEO Gary S. Winemaster, former vice president of sales Craig M. Davis, and former general manager James F. Needham were indicted last year on securities fraud and other charges. They have pleaded not guilty and are awaiting trial in federal court in Chicago.
The non-prosecution agreement with PSI was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois. The investigation was conducted by the Chicago Field Office of the FBI. The government is represented by Assistant U.S. Attorneys L. Heidi Manschreck and Corey B. Rubenstein.
Statement by Department of Justice Spokesperson Kerri Kupec on the Execution of Christopher Andre VialvaRead the Press Release
Department of Justice Spokesperson Kerri Kupec has issued the following statement:
“Today, Christopher Andre Vialva was executed at U.S. Penitentiary Terre Haute in accordance with the capital sentences recommended by a federal jury and imposed by the U.S. District Court for the Western District of Texas in 2000. Vialva was pronounced dead at 6:46 p.m. EDT.
In June 1999, Todd and Stacie Bagley — youth ministers from Iowa who had traveled to Texas to attend a church revival — agreed to give a ride to Vialva and several others. Once in the car, Vialva pointed a gun at Todd, and he and the others forced the couple into the trunk. Vialva drove around for several hours, stopping at ATMs to withdraw money from the couple’s bank account and trying to pawn Stacie’s wedding ring. While locked in the trunk, the couple spoke with their abductors about God and pleaded for their lives. Vialva eventually parked on the Fort Hood military reservation, where the co-conspirators doused the car with lighter fluid as the couple, still locked in the trunk, sang and prayed. After Stacie said, “Jesus loves you,” and “Jesus, take care of us,” Vialva shot both Todd and Stacie in the head — killing Todd and knocking Stacie unconscious. A co-conspirator then lit the car on fire, killing Stacie. A federal jury found Vialva guilty of, among other offenses, two counts of murder within the special maritime and territorial jurisdiction of the United States and unanimously recommended two death sentences, which the court imposed. His convictions and sentences were affirmed on appeal, and his requests for collateral relief were rejected by every court that considered them.
More than two decades after Christopher Andre Vialva brutally ended the lives of Todd and Stacie Bagley, justice has been served. Several family members and loved ones of the Bagleys witnessed today’s execution.”
Statement from U.S. Attorney Russell ColemanRead the Press Release
LOUISVILLE, Ky. – Federal law enforcement here in Louisville is sworn to protect First Amendment-protected speech, to include peaceful protest. A key provision of that constitutional right though, is to be “peaceable.” Shooting this city’s law enforcement officers, looting its businesses, and committing arson at the front door of its state courthouse is far from peaceable.
Louisville has endured enough loss of life; we are experiencing historic levels of murders and shootings of our neighbors. No one else in this community should face the loss of a loved one or destruction of their place of business. Cross the line from peaceful protest into federal criminal conduct that puts people at risk and we will do everything in our power to swiftly bring federal charges. If you use lawful protest as a cover to harm this city, be prepared to stare down a federal judge.
St. Croix Man Sentenced After Pleading Guilty to Failing to Register as Sex OffenderRead the Press Release
St. Thomas, USVI – Carl Nicholas Decicco, 35, of St. Croix, was sentenced today for failure to register as a sex offender, United States Attorney Gretchen C.F. Shappert announced.
District Court Judge Robert A. Molloy sentenced Decicco to 9 months and 2 weeks in federal prison followed by a period of supervised release, to include two weeks of home confinement, and ordered him to pay a $100 special assessment.
Decicco was convicted of first degree unlawful sexual contact on May 19, 2004 and was required to register as a sex offender as a result of that conviction. He was arrested after failing to update his information on the sex offender registry during a period from March 2018 to August 2019. Decicco pled guilty to the one-count indictment on December 9, 2019, and has been in custody since that time.
The case was investigated by the U.S. Marshals Service.South Carolina Man Sentenced in Federal Court in Maryland to 20 Years in Federal Prison for Charges Relating to A String of Armed Carjacking OffensesRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III today sentenced Quention Price, age 27, of Columbia, South Carolina, to 20 years in federal prison, followed by five years of supervised release, for two federal carjacking charges; for discharging a weapon during a crime of violence; and for using, carrying, and brandishing a firearm during a crime of violence, in connection with a carjacking and attempted carjacking committed on June 15, 2019, in the Inner Harbor area of downtown Baltimore.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Commissioner Michael Harrison of the Baltimore Police Department.
United States Attorney Robert K. Hur stated, “We are committed to working with our law enforcement partners to get guns out of the hands of violent criminals and off of our streets. Quention Price now faces 20 years in federal prison, where there is no parole—ever. Please, put down the guns and save a life—maybe even your own.”
“Carjacking is a senseless act of violence that has no place in our society,” said Jennifer C. Boone, Special Agent in Charge of the FBI Baltimore Field Office. “The FBI is committed to working closely with our federal, state and local partners to continue to bring justice to those who commit these violent crimes.”
According to his guilty plea, on the evening of June 15, 2019, Price stood in the middle of the street in Baltimore’s Inner Harbor region in front of a Honda Civic, forcing the vehicle to stop. Price approached the driver’s side door, telling the driver to “open the door” while pulling on the door handle. When the driver refused, Price became frustrated, walked to the front of the car, pulled out a handgun, and discharged two bullets in an attempt to take the vehicle. One of the bullets went through the front windshield of the car and lodged in the empty front passenger seat. The driver and his backseat passenger were able to get away in the car, successfully avoiding Price, who fled the scene.
As detailed in his plea agreement, while fleeing from the first carjacking, Price fired his weapon at a passing Subaru Outback station wagon. The bullet went through the hood of the vehicle, just below the front windshield. Price was then captured on surveillance video walking into the middle of Light Street, where he approached multiple cars and brandished his gun while pulling on the car door handles. At approximately 11:00 p.m. Price approached a BMW 325i, climbed onto the hood of the vehicle, and began striking the windshield with his gun, cracking the glass and punching a hole, all while screaming at the driver to “get out of the car.” Price then walked to the driver’s side, struck the driver in the face with the butt of his pistol through an open window, and pulled the victim out of the vehicle by her hair. After the driver and passenger had exited the car, Price drove the BMW northbound on Light Street towards the Inner Harbor, crashing the car a few blocks away. As a Baltimore Police officer responded, Price fell out of the car and moved toward the trunk, where he was immediately arrested. Officers recovered the gun, a .357 revolver, from behind the BMW, where Price was found when police arrived on the scene. The gun matched the description provided by the driver of the BMW and contained three spent shell casings in the cylinder, indicating that it had been fired three times. The driver and passenger of the BMW were brought to the scene and identified Price as the carjacker. Price was also subsequently heard on recorded jail calls admitting to carjacking vehicles and to firing his gun at the vehicles and their passengers.
United States Attorney Robert K. Hur commended the FBI and the Baltimore Police Department for their work in the investigation and thanked the Office of the State’s Attorney for Baltimore City for its assistance. Mr. Hur thanked Assistant U.S. Attorney Michael Goldsticker, who prosecuted the case.
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Shequille Carter Found Guilty on Drug Trafficking ChargeRead the Press Release
The United States Attorney for the District of Vermont announced that a federal jury in Rutland today found Shequille Carter, 27, of The Bronx, New York, guilty of possessing with intent to distribute heroin, fentanyl and 28 grams or more of cocaine base following a two-day trial. Chief Judge Geoffrey Crawford ordered that Carter, who has been detained since his arrest in January, remain in jail pending sentencing, which has not yet been scheduled.
Last September, a federal grand jury charged Carter in a one count indictment with possessing drugs with intent to distribute. Carter’s indictment stemmed from a car stop in Marshfield on August 21, 2019. Agents from the Drug Enforcement Administration and the Vermont State Police investigated a house in St. Johnsbury that was a known drug-trafficking location. Agents saw a car containing Carter and two others leave the St. Johnsbury residence. A state trooper stopped the car for a traffic infraction. During a search of the car’s interior, the trooper found about 290 bags of heroin laced with fentanyl and about 41 grams of crack cocaine. The drugs were recovered from a center console in the rear seat of the vehicle, where Carter had been sitting. Carter also had $3071 on his person. In Carter’s cellphone, investigators found text messages and other entries indicative of drug-trafficking.
Carter faces up to 40 years of imprisonment and a fine of up to $5 million. The actual sentence will be determined with reference to federal sentencing guidelines.
This was the first jury trial conducted in either federal or state court in Vermont since last March, when trials were suspended because of the pandemic.
Carter is represented by Assistant Federal Public Defender Elizabeth Quinn and Federal Public Defender Michael Desautels. The prosecutors are Assistant U.S. Attorneys Spencer Willig and Gregory Waples.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.
Sacramento Woman Sentenced to 4.5 Years in Prison for Identity Theft Involving a Rancho Cordova Veterinary ClinicRead the Press Release
SACRAMENTO, Calif. — Marie Antoinette Alcanter, 48, of Sacramento, was sentenced today to four and a half years in prison for access device fraud and aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, between December 2016 and March 2018, Alcanter worked with co-defendant Rose Marie Segale, 42, of San Jose, formerly of Sacramento, to obtain money and other things of value using victims’ identities. Segale used her employment at a veterinary clinic and her pet-sitting work to obtain victims’ personal and financial information, which she provided to Alcanter. Alcanter made purchases by drawing on victims’ existing accounts. She also applied for new accounts using victims’ identities and then made purchases and cash withdrawals using those fraudulent accounts. As a result of the conspiracy, Alcanter and Segale obtained at least $46,615 worth of items and cash.
Alcanter possessed a veterinary clinic statement for euthanasia and cremation of a dog, on which Segale had recorded the victim’s credit card number. Alcanter also used counterfeit driver’s licenses with victims’ names but with Alcanter’s photograph.
This case is the product of an investigation by the U.S. Postal Inspection Service. Assistant U.S. Attorney Miriam R. Hinman is prosecuting the case.
Segale previously pleaded guilty to access device fraud and aggravated identity theft, and she is scheduled to be sentenced on Nov. 5. She faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for the access device fraud offense, as well as a mandatory two-year prison term for the aggravated identity theft. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Roxbury Landlord Agrees to Settle False Claims Act AllegationsRead the Press Release
BOSTON – A Roxbury landlord has agreed to pay an $8,500 settlement to resolve allegations that he submitted false claims to the federal government after receiving impermissible water utility payments and excess rent from a low income tenant while participating in a federal housing subsidy program.
The Department of Housing and Urban Development (HUD) provides federal funding through the Federal Housing Choice Voucher program, commonly referred to as “Section 8,” to assist low income individuals in securing safe housing. HUD provides funding through vouchers that are administered by local public housing agencies. HUD pays the housing subsidy, which may cover all or a portion of a tenant’s monthly rent, including certain utilities, directly to the landlord. As a condition for receiving the housing subsidy, the landlord contractually agrees not to charge the Section 8 tenant rent in excess of the amount set by the public housing agency.
Despite this restriction, Flemin Ortiz allegedly demanded and received monthly water utility payments from a Section 8 tenant for over four and a half years between November 2014 and June 2019, and excess rent for four months between March and June 2019. The Section 8 tenant first raised this allegation in a lawsuit filed against the defendant under the qui tam, or whistleblower, provisions of the False Claims Act.
“The Section 8 program provides precious funding allowing low-income families to afford safe housing,” said United States Attorney Andrew E. Lelling. “We will hold accountable landlords who benefit from the program and then take advantage of their tenants.”
“This settlement is the latest example of our continued commitment to hold landlords accountable for actions that seek to enrich themselves at the expense of our poorest neighbors,” said Special Agent in Charge Christina Scaringi, U.S. Department of Housing and Urban Development, Office of Inspector General.
The False Claims Act allows private citizens with knowledge of fraud to bring civil actions on behalf of the government and to share in any recovery. The settlement agreement requires the defendant to pay $8,500 to the United States.
U.S. Attorney Lelling and HUD OIG SAC Scaringi made the announcement today. Assistant U.S. Attorney Steven Sharobem of Lelling’s Office handled the matter.
Revised Statement of U.S. Attorney Freed on Inquiry into Reports of Potential Issues with Mail-In BallotsRead the Press Release
HARRISBURG - On Monday, September 21, 2020, at the request of Luzerne County District Attorney Stefanie Salavantis, the Office of the United States Attorney along with the Federal Bureau of Investigation, Scranton Resident Office, began an inquiry into reports of potential issues with a small number of mail-in ballots at the Luzerne County Board of Elections.
Since Monday, FBI personnel working together with the Pennsylvania State Police have conducted numerous interviews and recovered and reviewed certain physical evidence. Election officials in Luzerne County have been cooperative. At this point we can confirm that a small number of military ballots were discarded. Investigators have recovered nine ballots at this time. Some of those ballots can be attributed to specific voters and some cannot. Of the nine ballots that were discarded and then recovered, 7 were cast for presidential candidate Donald Trump. Two of the discarded ballots had been resealed inside their appropriate envelopes by Luzerne elections staff prior to recovery by the FBI and the contents of those 2 ballots are unknown.
Our inquiry remains ongoing and we expect later today to share our up to date findings with officials in Luzerne County. It is the vital duty of government to ensure that every properly cast vote is counted.
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Rapid City Man Charged with Unlawful Possession of Firearm and Threats Against the PresidentRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person and Threats Against the President.
Lucian Celestine, age 29, was indicted on August 20, 2020, and September 17, 2020. Celestine appeared before U.S. Magistrate Judge Daneta Wollmann on September 11, 2020, and pleaded not guilty to the firearms charge. The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Celestine, a person prohibited from possessing firearms, acquiring and possessing a Browning bolt-action rifle, scope, and ammunition in late June of 2020 at Rapid City. Celestine later threatened to shoot the President of the United States by climbing Mount Rushmore and shooting the President from the top of the memorial during the Independence Day celebration. The charges are merely accusations and Celestine is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’ssignature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation is being conducted by the Pennington County Sheriff’s Office, the Rapid City Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the United States Secret Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Celestine was detained pending trial. A trial date has been set for November 17, 2020.
Pittsburgh Man Sentenced for Robbing Bank with a BB GunRead the Press Release
PITTSBURGH, PA – A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to time served in prison, five years supervised release, and 180 days of home detention with electronic monitoring on his conviction of armed bank robbery, United States Attorney Scott W. Brady announced today.
United States District Judge Marilyn J. Horan imposed the sentence on Lamar Sewell, age 39.
According to information presented to the Court, Sewell robbed the Key Bank, located at 217 N. Highland Avenue, Pittsburgh, PA 15206, with what appeared to be a black semi-automatic handgun but was later identified as a BB gun. A total of $1,198.00 was taken from the bank during this bank robbery. The Court was further informed that the money given to Sewell contained a GPS tracking device, which enabled law enforcement to ultimately locate Sewell.
After fleeing from the bank, Sewell was located driving a Honda Civic. Officers in a marked vehicle, activated their lights and sirens but Sewell refused to pull over. Eventually, he reached a dead end street. Sewell exited the vehicle and led law enforcement on a foot chase through Frick Park. Officers observed the mask, wig and BB gun inside of the vehicle.
Sewell was apprehended and taken into police custody. Once in custody, Sewell admitted to robbing the bank and apologized for scaring the victim tellers at the bank and the law enforcement officers and agents who chased him through Frick Park. Sewell explained that voices told him to rob the bank. Post-arrest, the Court was informed that Sewell was diagnosed with schizophrenia approximately 10 years ago and has had mental health issues since he was a teenager, including several commitments.
Prior to imposing sentence, Judge Horan explained that under ordinary circumstances, a substantial term of imprisonment would be warranted. The Court found Sewell’s case to be an exception, based primarily on his mental health status at the time of the offense and pre-sentence rehabilitation. The Court noted that Sewell’s current mental health treatment regimen, which includes a team of mental health professionals and counseling, coupled with his family’s support, has been effective over the last 18 months and is most likely to result in Sewell’s continued stability.
Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation and City of Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Sewell.
Pittsburgh Child Pornography Distributor Sentenced to More than 9 Years in PrisonRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 110 months’ imprisonment followed by 10 years of supervised release on his conviction for distributing material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.
United States District Judge Marilyn J. Horan imposed the sentence on Gary Whisner, 38.
According to information presented to the court, on August 5, 2017, Whisner distributed multiple videos containing material depicting the sexual exploitation of minors, including two females who were approximately 10 years-old. A subsequent search of Whisner’s electronic devices revealed approximately 10,700 images and 800 videos that depicted child pornography. Prior to imposing the sentence, Judge Horan referenced the seriousness of the offense and the number of victims in Whisner’s child pornography collection.
Assistant United States Attorney Mark V. Gurzo prosecuted this case on behalf of the government.
United States Attorney Brady commended Homeland Security Investigations and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Whisner.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Peter R. Galloway Receives 11 Years in Federal PrisonRead the Press Release
WILMINGTON, N.C. – A Wilmington, NC man was sentenced today to 132 months in prison for the distribution of a quantity of cocaine base (crack) and possession with the intent to distribute more than twenty-eight (28) grams of cocaine base (crack).
According to court documents, Peter R. Galloway, 34, sold a quantity of cocaine base (crack) to a confidential informant on July 9, 2019. The next day, law enforcement in Wilmington executed a search warrant on Galloway’s residence and found more than twenty-eight (28) grams of cocaine base (crack), drug paraphernalia, a digital scale and manufacturing materials that contained cocaine residue.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Terrence W. Boyle. The Wilmington Police Department and Drug Enforcement Adminstration investigated the case and Special Assistant U.S. Attorney Murphy Averitt prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:19-cr-00164-BO.
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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.
Petal Man Pleads Guilty to Role in 2016 Killing at Hattiesburg Mugshots RestaurantRead the Press Release
Hattiesburg, Miss. – James Windham, 24, of Petal, pled guilty today before Senior U.S. District Court Judge Keith Starrett to aiding and abetting the carrying and use of a firearm during a drug trafficking crime, resulting in the firearm being discharged, announced U.S. Attorney Mike Hurst and Special Agent in Charge Brad Byerley with the Drug Enforcement Administration (DEA).
On June 26, 2016, Windham and a co-defendant met with a third party at a Hattiesburg Mugshots restaurant in order to sell two ounces of marijuana. Windham brought his co-defendant along as an armed enforcer and as backup in case the drug deal turned sour. During the drug transaction, at least one firearm was discharged between Windham and his co-defendant, resulting in multiple rounds being fired and, ultimately, the death of the third party.
Following the shooting, Windham and his co-defendant fled from the scene, at which time they discarded the marijuana and all firearms associated with the shooting. Due to the diligent police work of the Hattiesburg Police Department, the marijuana and all firearms were recovered shortly after the shooting.
Windham and his co-defendant were charged in a federal criminal indictment on June 25, 2019. Windham will be sentenced by Judge Starrett on January 12, 2021 at 9:30 a.m. He faces a minimum of ten years and a maximum of life in prison.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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.
The Drug Enforcement Administration, Hattiesburg’s High Intensity Drug Trafficking Area Task Force, and Hattiesburg Police Department investigated the case. District Attorney Hal Kittrell and the 15th Circuit District Attorney’s Office were instrumental in guiding early investigative steps in the matter and involving federal partners. The case is being prosecuted by Assistant United States Attorney Andrew W. Eichner.
Pearl River County Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
Gulfport, Miss. – Nathanael Cecil Hall, III, 38, of Pearl River County, was sentenced today by U.S. District Judge Sul Ozerden to 6 months in federal prison, followed by 5 years of supervised release, for failing to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA), also known as the Adam Walsh Act, announced U.S. Attorney Mike Hurst and U.S. Marshal Mark Shepherd for the Southern District of Mississippi. Hall was also ordered to pay a $3100 fine and special assessment. Hall pled guilty before Judge Ozerden on June 18, 2020.
In 2006, Hall was convicted of “Possession of Photographs, Film or other Representation that Knowingly Includes Sexual Conduct of a Child” in Hillsborough County, Florida. As part of his sentence, Hall was required to register as a sex offender. He also was required to notify/register with Florida officials if he moved away from the State of Florida.
In March 2020, Hall, did not appear in person for his scheduled sex offender registration in Florida. In April 2020, the U.S. Marshals obtained information showing Hall had been in Picayune, Mississippi, during January and February 2020. On May 8, 2020, the United States Marshal’s Service Gulf Coast Regional Fugitive Task Force arrested Hall in Picayune.
U.S. Attorney Hurst commended the coordinated investigation conducted by the U.S. Marshals Service, the Mississippi Department of Public Safety, the Pearl River County Sheriff’s Department, the Florida Department of Law Enforcement, and the Hillsborough County Sheriff’s Department in Florida. The case was prosecuted by Assistant U.S. Attorney Stan Harris.
Over 300 People Facing Federal Charges for Crimes Committed During Nationwide DemonstrationsRead the Press Release
The Department of Justice announced today that more than 300 individuals in 29 states and Washington, D.C., have been charged for crimes committed adjacent to or under the guise of peaceful demonstrations since the end of May.
To date, of the 94 U.S. Attorneys’ Offices (USAOs), more than 40 USAOs have filed federal charges alleging crimes ranging from attempted murder, assaulting a law enforcement officer, arson, burglary of a federally-licensed firearms dealer, damaging federal property, malicious destruction of property using fire or explosives, felon in possession of a firearm and ammunition, unlawful possession of a destructive device, inciting a riot, felony civil disorder, and others. Violent opportunists have exploited these demonstrations in various ways.
Approximately 80 individuals have been charged with offenses relating to arson and explosives. Approximately 15 individuals have been charged with damaging federal property. In some instances, these individuals are alleged to have set fires to local businesses as well as city and federal property, which will regrettably incur millions of taxpayer dollars to repair damages to the Portland Courthouse, Nashville Courthouse, Minneapolis Police Third Precinct, Seattle Police East Precinct, and local high school in Minnesota; and, to replace police cruisers in South Carolina, Washington, Rhode Island, Georgia, Utah, and other states.
Corporate and local businesses were also targeted, including a Target Corporate headquarters in Minneapolis, Boost Mobile Store in Milwaukee, Champ Sports Store in Tampa, and local restaurants including a pizza parlor in Los Angeles and a sushi bar in Santa Monica. Through these acts, these individuals have shown minimal regard to their communities and for the safety of others and themselves.
In Washington, D.C., outside of the U.S. Supreme Court, a man was engulfed in flames after he poured a liquid from a gas can onto three U.S. Supreme Court Police vehicles; he suffered severe burns. In Virginia Beach, authorities identified a man who is alleged to have threatened to burn down an African American church.
Approximately 35 individuals have been charged with assaulting a law enforcement officer and related offenses. One of these cases was charged in Massachusetts; the rest of these individuals were charged in Oregon. The assaults have targeted local and federal law enforcement officers. In Portland, a man is alleged to have approached a U.S. Marshals Deputy from behind and struck the deputy in the upper back, neck, and shoulder with a wooden baseball bat; another man, allegedly assaulted a Deputy U.S. Marshal with an explosive device. In Boston, a man allegedly shot at least 11 times toward officers, including a deputized federal officer.
Approximately 30 individuals have been charged with offenses related to civil disorder. In several instances, these individuals leveraged social media platforms to incite destruction and assaults against law enforcement officers. In Cleveland, two Pennsylvania men are charged with driving to the city with the intent to participate in a riot and commit acts of violence. In their possession, authorities found a black backpack containing a hammer, two containers of Sterno Firestarter Instant Flame Gel, a can of spray paint, a glass bottle of liquor with a bar-style pour top, a Glock semi-automatic firearm and two magazines loaded with ammunition. In Knoxville, one individual allegedly instructed his social media followers to, “bring hammers bricks whatever you want.” The same defendant allegedly used a trashcan lid filled with an unknown liquid to strike a law enforcement officer in the head while the officer was seated in a police vehicle.
Charges have also been filed against individuals accused of committing burglary and carjacking. In Pittsburgh, two individuals allegedly attempted to burglarize a Dollar Bank. In Louisville, two individuals were charged with conspiracy to commit burglary involving controlled substances at a local Walgreens. Another Louisville individual was charged with carjacking; at the time of the carjacking, the individual was on a felony diversion as a result of a February 2020 conviction for charges that were initially filed as complicity to murder and complicity to robbery.
Several of these charges carry significant maximum prison sentences. For example, felony assault of a federal officer with a dangerous weapon is punishable by up to 20 years in prison. Arson is punishable by up to 20 years in prison with a mandatory minimum sentence of five years in prison.
The following agencies and U.S. Attorney’s offices have investigated these cases along with multiple federal, state and local law enforcement agencies: The FBI; U.S. Marshals Service; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and United States Attorneys’ Offices (including the District of Arizona, the Central District of California, the Northern District of California, the Southern District of California, the District of Colorado, the District of Columbia, the District of Delaware, the Middle District of Florida, the Northern District of Georgia, the Central District of Illinois, the Northern District of Illinois, the Southern District of Indiana, the Western District of Kentucky, the Middle District of Louisiana, the District of Maine, the District of Massachusetts, the District of Minnesota, the Eastern District of Missouri, the Western District of Missouri, the District of Nevada, the District of New Jersey, the Eastern District of New York, the Northern District of New York, the Southern District of New York, the Western District of New York, the Eastern District of North Carolina, the District of North Dakota, the Northern District of Ohio, the Southern District of Ohio, the District of Oregon, the Eastern District of Pennsylvania, the Western District of Pennsylvania, the District of Rhode Island, the District of South Carolina, the Eastern District of Tennessee, the Middle District of Tennessee, the Northern District of Texas, the Western District of Texas, the District of Utah, the Eastern District of Virginia, the Western District of Washington, the Eastern District of Wisconsin, and the Western District of Wisconsin).
The ATF and FBI continue to urge the public to report suspected arson, use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected], or submit information anonymously via ReportIt.com.
In addition to those who commit fires, the FBI is looking for people who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at FBI.gov/violence.
An indictment and criminal complaint merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Oregon Resident Charged with Unlawful Possession of AmmunitionRead the Press Release
SAN FRANCISCO – Timothy Daniel Raybould made an initial appearance today in federal court on a criminal complaint charging him with unlawful possession of ammunition, announced United States Attorney for the Northern District of California David L. Anderson and United States Postal Inspection Service Postal Inspector in Charge Rafael E. Nuñez. Raybould made his initial appearance in federal court today before U.S. Magistrate Judge Virginia K. DeMarchi.
According to the complaint, on July 31, 2020, Raybould, 27, a convicted felon from Oregon, was in the employees’ only parking lot of the Ukiah Post Office in Mendocino County. When three USPS employees asked Raybould to leave, Raybould became agitated and punched one of the USPS employees. While attempting to restrain Raybould, the three USPS employees and Raybould fell to the ground and landed on top of the employee who Raybould had punched. That employee suffered two fractured hips as a result of the altercation.
The postal workers were able to restrain Raybould until Mendocino County Sheriff’s Deputies arrived at the scene. The complaint further describes how a search of Raybould’s person revealed he had a Glock .40 caliber magazine loaded with 5 rounds of ammunition in the back pocket of his pants. A search of Raybould’s car, which was parked in the employees’ only parking lot, revealed a Glock 22 .40 caliber pistol.
A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Assistant U.S. Attorney Maya Karwande is prosecuting the case with the assistance of Ralph Banchstubbs. The prosecution is the result of an investigation by the United States Postal Inspection Service and the Ukiah Police Department.
Operation Legend: Case of the DayRead the Press Release
Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend. Today’s case is out of the Eastern District of Missouri. Operation Legend launched in St. Louis on Aug. 6, 2020, in response to the city facing increased homicide and non-fatal shooting rates.
United States vs. Andrew Sheperd
On Aug. 27, 2020, Andrew Sheperd was charged by a federal grand jury with being a felon in possession of a firearm, with being in possession of a firearm in furtherance of a drug trafficking offense, and possessing with intent to distribute fentanyl, heroin, and methamphetamine .
“This arrest spotlights the hard work and dedicated partnership between the men and women of the St. Louis Metropolitan Police Department, Homeland Security Investigations and other federal agencies,” said U.S. Attorney Jeffrey B. Jensen of the Eastern District of Missouri. “We share the mission of taking violent criminals off the streets and enhancing community-wide efforts to make St. Louis a safer place for all Missourians.”
According to the charging documents, on Aug. 21, 2020, law enforcement officers from the St. Louis Metropolitan Police Department (SLMPD) and Homeland Security Investigations encountered a 300 series BMW with an illegally tinted front windshield. As they investigated the vehicle, they discovered that the plate affixed to the BMW was registered to a Chevrolet. The officers then attempted to perform a traffic stop of the BMW, and, at first, the BMW appeared to be complying and pulling over, but then sped away at a high rate of speed. The BMW then crashed, and the driver, later identified as Sheperd, allegedly fled the scene of the wrecked vehicle on foot. The SLMPD officer pursued Sheperd and detained him a short distance away from where the vehicle crashed.
In the BMW, officers found a loaded .45 caliber Glock semiautomatic firearm on the driver’s floorboard of the vehicle. Additionally, officers found multiple baggies of white powder and dozens of capsules.
Because of a prior conviction punishable by more than one year in prison, Sheperd is prohibited from possessing a firearm.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Background on Operation Legend
Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.
President Trump promised to assist America’s cities that have been plagued by violence. In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence. Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.
Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020. As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime. The Department of Homeland Security is also contributing agents to these efforts in St. Louis.
Op End Game Defendant Sentenced for Seeking Sex with A Minor OnlineRead the Press Release
MACON – A defendant arrested during “Operation End Game,” a multi-agency effort targeting and arresting adult perpetrators in the Athens-area seeking sex with children, was sentenced to prison Wednesday, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia.
U.S. District Judge C. Ashley Royal sentenced John Wesley Ambrose, 36, from Watkinsville, Georgia to 46 months in prison, to be followed by ten years of supervised release, after pleading guilty to one count of use of facilities in interstate and foreign commerce to transmit information about a minor. Following his prison term, Ambrose will have to register as a sex offender. There is no parole in the federal system.
“We will prosecute those caught seeking to sexually exploit and abuse children to the fullest extent of the law,” said U.S. Attorney Charlie Peeler. “We are fortunate in Georgia to have a strong law enforcement network tracking down online predators and bringing them into custody. I want to thank our partner agencies for their work in Operation End Game.”
“Operation End Game” was a three-day proactive effort centered in Athens, Georgia in July 2019 to arrest adults communicating with children on-line and then traveling to meet them for the purpose of having sex. The cases were investigated by the U.S. Attorney’s Office for the Middle District of Georgia, the Georgia Internet Crimes Against Children (ICAC) Task Force, the Georgia Bureau of Investigation’s Child Exploitation and Computer Crimes Unit (CEACC), the Athens-Clarke County Police Department (ACCPD), the FBI and the Athens-Clarke County District Attorney’s Office. Assistant U.S. Attorney Lyndie Freeman is prosecuting 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. 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.
Northampton County Man Sentenced to Five Years for Using Drone to Harass Ex-Girlfriend, Illegally Possessing Bombs and GunsRead the Press Release
PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced that Jason Muzzicato, 43, of Bangor, PA, was sentenced to five years in prison and three years of supervised release by United States District Court Judge Joseph F. Leeson, Jr., for unlawfully possessing firearms and explosives, and using an unregistered drone aircraft to drop explosive devices in order to terrorize his victim, a former girlfriend, in and around Bangor, Northampton County.
In December 2019, the defendant pleaded guilty to possession of a destructive device, possession of firearms by a person subject to a domestic violence protective order, and knowingly operating an unregistered aircraft. The charges stem from Muzzicato’s possession of homemade bombs and firearms while subject to the terms of a Protection from Abuse (“PFA”) order issued by the Northampton County Court of Common Pleas on behalf of Muzzicato’s former girlfriend, and from his unlawful operation of an unmanned aerial vehicle (drone). Muzzicato was found to be in possession of a DJI, Model Phantom 3, unmanned aerial vehicle, seven improvised explosive devices and ten firearms, including multiple AR-15 rifles and semi-automatic pistols. Under federal law, an individual who is subject to a PFA order is prohibited from possessing these firearms.
“With this combination of homemade bombs, guns and a drone, this defendant terrorized an entire community,” said First Assistant U.S. Attorney Williams. “His blatant disregard for court orders, the law and others’ personal safety made him a true threat, and we are grateful to our law enforcement partners that Muzzicato was identified and arrested before anyone was physically hurt. Our Office will continue to work with our partners to ensure the security of our communities is not threatened by people who hide behind a remote control.”
The case was investigated by the Federal Bureau of Investigation, Allentown Resident Agency; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Allentown Field Office; the Department of Transportation, Office of Inspector General, Fort Washington Field Office; the Washington Township Police Department; the Pennsylvania State Police; and the City of Bethlehem Fire Department, and is being prosecuted by Assistant United States Attorney Kishan Nair.
Nevada Woman Indicted for Hiring Hitman on Darkweb to Kill Her Ex-HusbandRead the Press Release
SACRAMENTO, Calif. — Kristy Lynn Felkins, 36, of Fallon, Nevada, was indicted today for a murder-for-hire plot, U.S. Attorney McGregor W. Scott announced.
According to court documents, Felkins sent 12 bitcoin (valued at approximately $5,000 at the time) to a darkweb hitman website to have her ex-husband murdered. From February to May 2016, Felkins regularly communicated with the administrator of the site to pay and arrange for the murder of her ex-husband. When her ex-husband was traveling to Chico, Felkins gave the administrator the specific location of her ex-husband in an attempt to have him murdered. The website turned out to be a scam, and Felkins was not refunded the bitcoin she sent to the site, which is no longer in operation.
This case is the product of an investigation by the Northern California Illicit Digital Economy (NCIDE) Task Force, consisting of agents from Homeland Security Investigations (HSI), the Federal Bureau of Investigation, the United States Postal Inspection Service, and the Drug Enforcement Administration. The NCIDE Task Force is focused on targeting all forms of darkweb and cryptocurrency criminal activity in the Eastern District of California. The HSI Reno Field Office also assisted in this investigation. Assistant U.S. Attorneys Grant B. Rabenn and Paul Hemesath are prosecuting the case.
If convicted, Felkins faces a maximum statutory penalty of 10 years in prison. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Moss Point Man Sentenced to 7 Years in Prison for Brandishing a Firearm During RobberyRead the Press Release
Gulfport, Miss – Travis Marshawn Jones, Jr., 20, of Moss Point, was sentenced today by U.S. District Judge Sul Ozerden to 84 months in prison, followed by 5 years of supervised release, for brandishing a weapon in connection with a crime of violence, announced U.S. Attorney Mike Hurst and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
On January 7, 2020, Jones attempted an armed robbery of a Hardees Restaurant in Pascagoula, Mississippi. After Pascagoula Police officers responded to the robbery, Jones was taken into custody without incident.
Jones was charged in a federal criminal indictment and pled guilty before Judge Ozerden on June 18, 2020.
The case was investigated by the Bureau of Alcohol Tobacco and Firearms and prosecuted by Assistant U.S. Attorney John Meynardie.
Morgani Sentenced for Violating the Federal Gun Control ActRead the Press Release
NEW ORLEANS, LOUISIANA – MICHAEL MORGANI, age 33, a resident of New Orleans, was sentenced by United States District Judge Martin L.C. Feldman on September 23, 2020 for a conviction for being a felon in possession of a firearm, announced U.S. Attorney Peter G. Strasser.
According to court paperwork, MORGANI purchased two Extar semi-automatic pistols from an individual who he met on the Northshore. MORGANI brought them to a body shop in New Orleans, where they were later recovered by the New Orleans Police Department during the execution of a search warrant. MORGANI was prohibited from possessing firearms because of a prior felony conviction from Jefferson Parish for possession of heroin.
United States District Judge Martin L.C. Feldman sentenced MORGANI to (30) thirty months in the Bureau of Prisons to be followed by three years of supervised release. Additionally, MORGANI is required to pay a $100.00 special assessment fee.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Bureau of Alcohol, Tobacco, Firearms, and Explosives. For more information about Project Guardian, please see https://www.justice.gov/usao-edla/project-guardian.
This case was investigated by the New Orleans Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The prosecution is being handled by Assistant United States Attorney David Haller.
Morgani Sentenced for Violating the Federal Gun Control ActRead the Press Release
NEW ORLEANS, LOUISIANA – MICHAEL MORGANI, age 33, a resident of New Orleans, was sentenced by United States District Judge Martin L.C. Feldman on September 23, 2020 for a conviction for being a felon in possession of a firearm, announced U.S. Attorney Peter G. Strasser.
According to court paperwork, MORGANI purchased two Extar semi-automatic pistols from an individual who he met on the Northshore. MORGANI brought them to a body shop in New Orleans, where they were later recovered by the New Orleans Police Department during the execution of a search warrant. MORGANI was prohibited from possessing firearms because of a prior felony conviction from Jefferson Parish for possession of heroin.
United States District Judge Martin L.C. Feldman sentenced MORGANI to (30) thirty months in the Bureau of Prisons to be followed by three years of supervised release. Additionally, MORGANI is required to pay a $100.00 special assessment fee.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Bureau of Alcohol, Tobacco, Firearms, and Explosives. For more information about Project Guardian, please see https://www.justice.gov/usao-edla/project-guardian.
This case was investigated by the New Orleans Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The prosecution is being handled by Assistant United States Attorney David Haller.
More than 300 facing federal charges for crimes committed during nationwide demonstrationsRead the Press Release
WASHINGTON, D.C. -- The Department of Justice announced today that more than 300 individuals in 29 states and Washington, D.C., have been charged for crimes committed adjacent to or under the guise of peaceful demonstrations since the end of May.
To date, of the 94 U.S. Attorneys’ Offices (USAOs), more than 40 USAOs have filed federal charges alleging crimes ranging from attempted murder, assaulting a law enforcement officer, arson, burglary of a federally-licensed firearms dealer, damaging federal property, malicious destruction of property using fire or explosives, felon in possession of a firearm and ammunition, unlawful possession of a destructive device, inciting a riot, felony civil disorder, and others. Violent opportunists have exploited these demonstrations in various ways.
Approximately 80 individuals have been charged with offenses relating to arson and explosives. Approximately 15 individuals have been charged with damaging federal property. In some instances, these individuals are alleged to have set fires to local businesses as well as city and federal property, which will regrettably incur millions of taxpayer dollars to repair damages to the Portland Courthouse, Nashville Courthouse, Minneapolis Police Third Precinct, Seattle Police East Precinct, and local high school in Minnesota; and, to replace police cruisers in South Carolina, Washington, Rhode Island, Georgia, Utah, and other states.
Corporate and local businesses were also targeted, including a Target Corporate headquarters in Minneapolis, Boost Mobile Store in Milwaukee, Champ Sports Store in Tampa, and local restaurants including a pizza parlor in Los Angeles and a sushi bar in Santa Monica. Through these acts, these individuals have shown minimal regard to their communities and for the safety of others and themselves.
In Washington, D.C., outside of the U.S. Supreme Court, a man was engulfed in flames after he poured a liquid from a gas can onto three U.S. Supreme Court Police vehicles; he suffered severe burns. In Virginia Beach, authorities identified a man who is alleged to have threatened to burn down an African American church.
Approximately 35 individuals have been charged with assaulting a law enforcement officer and related offenses. One of these cases was charged in Massachusetts; the rest of these individuals were charged in Oregon. The assaults have targeted local and federal law enforcement officers. In Portland, a man is alleged to have approached a U.S. Marshals Deputy from behind and struck the deputy in the upper back, neck, and shoulder with a wooden baseball bat; another man, allegedly assaulted a Deputy U.S. Marshal with an explosive device. In Boston, a man allegedly shot at least 11 times toward officers, including a deputized federal officer.
Approximately 30 individuals have been charged with offenses related to civil disorder. In several instances, these individuals leveraged social media platforms to incite destruction and assaults against law enforcement officers. In Cleveland, two Pennsylvania men are charged with driving to the city with the intent to participate in a riot and commit acts of violence. In their possession, authorities found a black backpack containing a hammer, two containers of Sterno Firestarter Instant Flame Gel, a can of spray paint, a glass bottle of liquor with a bar-style pour top, a Glock semi-automatic firearm and two magazines loaded with ammunition. In Knoxville, one individual allegedly instructed his social media followers to, “bring hammers bricks whatever you want.” The same defendant allegedly used a trashcan lid filled with an unknown liquid to strike a law enforcement officer in the head while the officer was seated in a police vehicle.
Charges have also been filed against individuals accused of committing burglary and carjacking. In Pittsburgh, two individuals allegedly attempted to burglarize a Dollar Bank. In Louisville, two individuals were charged with conspiracy to commit burglary involving controlled substances at a local Walgreens. Another Louisville individual was charged with carjacking; at the time of the carjacking, the individual was on a felony diversion as a result of a February 2020 conviction for charges that were initially filed as complicity to murder and complicity to robbery.
Several of these charges carry significant maximum prison sentences. For example, felony assault of a federal officer with a dangerous weapon is punishable by up to 20 years in prison. Arson is punishable by up to 20 years in prison with a mandatory minimum sentence of five years in prison.
The following agencies and U.S. Attorney’s offices have investigated these cases along with multiple federal, state and local law enforcement agencies: The FBI; U.S. Marshals Service; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and United States Attorneys’ Offices (including the District of Arizona, the Central District of California, the Northern District of California, the Southern District of California, the District of Colorado, the District of Columbia, the District of Delaware, the Middle District of Florida, the Northern District of Georgia, the Central District of Illinois, the Northern District of Illinois, the Southern District of Indiana, the Western District of Kentucky, the Middle District of Louisiana, the District of Maine, the District of Massachusetts, the District of Minnesota, the Eastern District of Missouri, the Western District of Missouri, the District of Nevada, the District of New Jersey, the Eastern District of New York, the Northern District of New York, the Southern District of New York, the Western District of New York, the Eastern District of North Carolina, the District of North Dakota, the Northern District of Ohio, the Southern District of Ohio, the District of Oregon, the Eastern District of Pennsylvania, the Western District of Pennsylvania, the District of Rhode Island, the District of South Carolina, the Eastern District of Tennessee, the Middle District of Tennessee, the Northern District of Texas, the Western District of Texas, the District of Utah, the Eastern District of Virginia, the Western District of Washington, the Eastern District of Wisconsin, and the Western District of Wisconsin).
The ATF and FBI continue to urge the public to report suspected arson, use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected], or submit information anonymously via ReportIt.com.
In addition to those who commit fires, the FBI is looking for people who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at FBI.gov/violence.
An indictment and criminal complaint merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Mongolian Woman Charged with Violating Federal Immigration LawsRead the Press Release
PITTSBURGH, PA – A Mongolian woman residing in western Pennsylvania has been indicted by a federal grand jury in Pittsburgh on charges of violating federal immigration laws, United States Attorney Scott W. Brady announced today.
The two-count Indictment, returned on September 15, 2020 and unsealed yesterday following her arrest, named Idertsetseg Ragon, age 38, of Coraopolis, PA 15108, as the sole defendant.
According to Indictment presented to the court, Ragon is accused of the false swearing in immigration matters by making false statements with respect to material facts on an Application to Register Permanent Residence or Adjust Status and a Petition to Remove Conditions on Residence. The indictment alleges that Ragon stated she had never been arrested, cited, charged, indicted, convicted, fined or imprisoned for breaking or violating any law, which she knew was false, in that she had been indicted, cited and charged for intentionally causing severe bodily harm to others in Mongolia.
The law provides for a maximum total sentence of not more than 10 years in prison, a fine of not more than $250,000 or both, at each count. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brian M. Czarnecki is prosecuting this case on behalf of the government.
The Pittsburgh Document and Benefit Fraud Task Force (DBFTF) conducted the investigation leading to the Indictment in this case. The Pittsburgh DBFTF is a multi-agency partnership established to focus on high-impact criminal investigations involving the use of fraudulent documents in furtherance of immigration benefit applications and petitions, financial fraud, criminal work-site enforcement, and public benefits fraud. The Pittsburgh DBFTF consists of the following agencies: Homeland Security Investigations, US Citizenship and Immigration Services, the Social Security Administration-Office of the Inspector General, the Internal Revenue Service-Criminal Investigations, US Department of State-Diplomatic Security Service (DSS), US Department of Agriculture-Office of the Inspector General, US Department of Labor-Office of the Inspector General, and the Pennsylvania Office of the Attorney General.
The case originated from the DSS Overseas Criminal Investigations office in Mongolia, part of DSS’ global investigative team that deters and dismantles transnational criminal organizations, as a result of a joint investigation with the Mongolian National Police Agency.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Middlesex County Man Charged with Defrauding the United States through Filing of False ClaimsRead the Press Release
TRENTON, N.J. – A Middlesex County, New Jersey, man was arrested today for his role in a scheme to defraud the IRS by making false claims for income tax refunds and conspiracy, U.S. Attorney Craig Carpenito announced.
Luis Crespo, 42, of Sayreville, New Jersey is scheduled to appear by this afternoon by video conference before U.S. Magistrate Judge Zahid N. Quraishi in connection with an indictment, unsealed today, that charges Crespo with conspiracy to defraud the United States with respect to claims and with filing false, fictitious and fraudulent claims.
According to documents filed in this case and statements made in court:
Crespo was allegedly part of a conspiracy led by Michael Watsey, who orchestrated a scheme to file false claims or cause the filing of false claims, namely the filing of 16 false tax returns in the years 2014 through 2017. Watsey created false Forms W2-G, which showed significant gambling winnings and Federal tax withheld. Participants in this scheme were Watsey, his family members, Crespo and other associates. Watsey filed or caused the filing of 16 false tax returns with false Forms W2-G, requesting a total of $3.9 million in false federal tax refunds with a total of $1.29 million actually being received. Crespo used false Forms W2-G created by Watsey in the filing of his 2016 and 2017 false tax returns. Those returns requested a total of $508,787 in false federal tax refunds with a total of $510,668 actually being paid by the IRS.
Watsey pleaded guilty before U.S. District Judge Anne E. Thompson on Jan. 3, 2020, and is scheduled to be sentenced Dec. 15, 2020.
The conspiracy count carries a maximum penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. The false, fictitious or fraudulent claims counts each carry a maximum penalty of five years in prison and a $250,000 fine, or twice the gross gain or loss from the offense.
U.S. Attorney Carpenito credited special agents of the IRS, under the direction of Special Agent in Charge Michael Montanez, with the investigation leading to the charges and arrest.
The government is represented by Senior Trial Counsel Jason M. Richardson of the U.S. Attorney=s Office Criminal Division in Camden.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Mexican National Sentenced to over a Year in Prison for Being an Alien Unlawfully in the United States in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — Ismael Huazo-Jardinez, 34, a Mexican citizen previously residing in Yuba City, was sentenced today by U.S. District Judge Morrison C. England Jr. to 15 months in prison for possessing a firearm while being an alien unlawfully in the United States, U.S. Attorney McGregor W. Scott announced.
Huazo-Jardinez pleaded guilty to the charge on May 7. According to court documents, Huazo-Jardinez is suspected of having been the driver in a fatal car accident in Sutter County that killed three people — the parents and one child of a family of four — when the vehicle crashed into their mobile home as they slept on May 4, 2019. Huazo‑Jardinez was arrested at the scene of the accident. Authorities impounded the vehicle, a Chevrolet Avalanche registered to Huazo‑Jardinez, and later recovered a handgun from the vehicle’s center console. A database query revealed that the handgun had been reported stolen in Boise, Idaho.
Huazo-Jardinez is a citizen and national of Mexico who has twice been removed from the United States and has not been granted permission to return. As an alien unlawfully in the United States, Huazo-Jardinez is prohibited by federal statute from possessing a firearm.
This case was the product of an investigation by the Federal Bureau of Investigation, the California Highway Patrol, Sutter County Sheriff’s Office, and U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations. Assistant U.S. Attorneys James Conolly and Shea Kenny prosecuted the case. The Sutter County District Attorney’s Office is prosecuting Huazo-Jardinez in the state case related to the May 2019 fatal car accident.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
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 www.justice.gov/projectguardian.
Members of Cocaine and Fentanyl Conspiracy IndictedRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging nine members of a drug trafficking organization based out of Tampa (please see chart for details). The indictment also notifies the defendants that the United States intends to forfeit a firearm used in the offenses, and any monies traceable to the offenses.
According to the indictment, from November 2019 through September 10, 2020, the defendants conspired to distribute and possess with the intent to distribute five or more kilograms of cocaine and 400 grams or more of fentanyl. The indictment also charges several defendants with the distribution of fentanyl, possession of fentanyl with the intent to distribute it, possession of cocaine with the intent to distribute it, and possessing a firearm in furtherance of a drug trafficking crime.
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 Drug Enforcement Administration, the United States Postal Inspection Service, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Tampa Police Department, the Florida Highway Patrol, and the Hillsborough County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Charlie D. Connally.
This investigation is also 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.
Defendant
(Age, Residence)
Charges
Maximum Penalties
Diego Perez Ortiz
(46, Tampa)
1) Conspiracy to distribute and possess with the intent to distribute 5 or more kilograms of cocaine and 400 or more grams of fentanyl
2) Distribution of fentanyl ( 4 counts)
3) Possession of 500 grams or more of cocaine with the intent to distribute
4) Possession of fentanyl with intent to distribute
1) Minimum mandatory of 10 years, and up to life, in federal prison
2) Maximum term of 20 years in federal prison, per count
3) Minimum mandatory term of 5 years, and up to 40 years, in federal prison
4) Maximum term of 20 years in federal prison
Ramon Alers Ramos
(45, Tampa)
Conspiracy to distribute and possess with intent to distribute 5 or more kilograms of cocaine and 400 or more grams of fentanyl
Minimum mandatory term of 10 years, and up to life in federal prison
Carlos Acosta Martinez
(46, Tampa)
Conspiracy to distribute and possess with intent to distribute 5 or more kilograms of cocaine and 400 or more grams of fentanyl
Minimum mandatory term of 10 years, and up to life in federal prison
Andres Garcia Quinones
(48, Caguas, Puerto Rico)
Conspiracy to distribute and possess with intent to distribute 5 or more kilograms of cocaine
Minimum mandatory term of 10 years, and up to life, in federal prison
Izamhomy Valverdi Caraballo
(34, Tampa)
Conspiracy to distribute and possess with intent to distribute 5 or more kilograms of cocaine
Minimum mandatory term of imprisonment of 10 years, and up to life, in federal priosn
Edwin Rivera Fonseca
(26, Tampa)
1) Conspiracy to distribute and possess with intent to distribute 5 or more kilograms of cocaine
2) Possession of 500 grams or more of cocaine with the intent to distribute
3) Possession of cocaine with the intent to distribute
1) Minimum mandatory term of 10 years, and up to life, in federal prison
2) Minimum mandatory term of imprisonment of 5 years, and up to 40 years, in federal prison
3) Maximum term of 20 years in federal prison
Antonio Rivera
(29, Tampa)
1) Conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine
2) Possession of 500 grams or more of cocaine with the intent to distribute
3) Possession of a firearm in furtherance of a drug trafficking crime
1) Minimum mandatory term of 5 years, and up to 40 years, in federal prison
2) Minimum mandatory term of 5 years, and up to 40 years, in federal prison
3) Minimum mandatory term of imprisonment of 5 years to run consecutive to any other term of imprisonment imposed up to life imprisonment
Kris Ralf Salvi
(27, Tampa)
Conspiracy to distribute and possess with intent to distribute fentanyl
Maximum term of 20 years in federal prison
Elleric Edwardo Alverio (41, Tampa)
1) Conspiracy to distribute and possess with intent to distribute fentanyl
2) Possession of fentanyl with the intent to distribute
1) Maximum term of 20 years in federal prison
2) Maximum term of 20 years in federal prison
Massachusetts Man Sentenced to 97 Months for Participating in Heroin and Fentanyl Distribution ConspiracyRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced today that Miguel Vasquez, 26, of Roxbury, Massachusetts, was sentenced to 97 months in federal prison for participating in a drug trafficking conspiracy.
According to court documents and statements made in court, from at least January of 2017 through July of 2017, Vasquez and others made deliveries of heroin and fentanyl to customers of a drug organization working out of a residence on Water Street in Lawrence, Massachusetts. Customers, including customers from New Hampshire, would call a telephone number to order drugs. Vasquez and others would then drive to locations in Methuen, Massachusetts and elsewhere to deliver the drugs to the customers.
Evidence in the case also indicated that the drugs distributed by this group resulted in at least one fatal fentanyl overdose in Portsmouth, New Hampshire.
Vasquez previously pleaded guilty on April 11, 2018. Two other members of the conspiracy were previously sentenced. Miguel Arias-Velasquez was sentenced to 48 months on August 17, 2018. Walker Manuel Moreta was sentenced to 96 months on November 25, 2019.
Vasquez also faces pending fentanyl trafficking charges in Norfolk County, Massachusetts.
“Interstate fentanyl and heroin trafficking continues to pose a significant threat to communities throughout New Hampshire,” said U.S. Attorney Murray. “Drug dealers have little regard for the lives they destroy by selling deadly substances like fentanyl and heroin. To protect public health and safety, we will continue to work closely with all of our law enforcement colleagues to identify, prosecute, and incarcerate drug dealers who do business in the Granite State.”
“Fentanyl is causing great damage to our communities,” said DEA Special Agent in Charge Brian D. Boyle. “DEA will continue to use every resource available to identify traffickers, like Mr. Vasquez who come from out of state to distribute this poison to the citizens of New Hampshire. Today’s sentence not only holds Mr. Vasquez accountable for his crimes but serves as a warning to those who are fueling the opioid epidemic.”
This matter was investigated by the DEA, with assistance from the Massachusetts State Police, the United States Marshals Service, the New Hampshire State Police, the Lawrence Police Department, the Portsmouth Police Department, the Dover Police Department, the Rockingham County Attorney’s Office, the Quincy, Massachusetts Police Department, and the Norfolk County District Attorney’s Office in Massachusetts. The case was prosecuted by First Assistant U.S. Attorney John J. Farley.
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Maryland Man Sentenced to Prison for Intentionally Damaging the Computers of His Former EmployerRead the Press Release
A Maryland man was sentenced by U.S. District Judge Catherine C. Blake today to 12 months and one day in federal prison, followed by three years of supervised release, for illegally accessing and damaging the computer network of his former employer. Judge Blake also entered an order requiring Stafford to pay restitution in the amount of $193,258.10 to his former employer.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Robert K. Hur for the District of Maryland; Special Agent in Charge Jennifer C. Boone of the FBI’s Baltimore Field Office and Deputy Inspector General Richard K. Delmar of the Department of the Treasury, Office of Inspector General made the announcement.
According to court documents and evidence presented at his four-day trial, from Jan. 5, 2004 through Aug. 6, 2015, Shannon Stafford, 50, of Crofton, Maryland, was employed in the information technology (IT) department at Business A, a global company with thousands of employees and offices around the world, including in Maryland and Washington, D.C. Stafford was employed in the Washington office and provided IT technical support to employees based at, or visiting, the Washington, McLean, Virginia, or Baltimore offices. As part of his duties, Stafford had access to the system login credentials of other employees and was authorized to use them in the course of performing his technical support duties. Stafford was also responsible for disabling company users’ network access credentials at the end of their employment. In 2014, Business A provided Stafford with a laptop to use for his work.
Witnesses testified that in 2014, Stafford was promoted to the managerial role of technical site lead for the Washington office. In March 2015, Stafford was demoted back to an IT support role, due to performance issues in his management position. Stafford’s performance issues continued and he was fired on Aug. 6, 2015. Stafford did not return the laptop he was previously provided by Business A.
The evidence proved that on the evening of Aug. 6, 2015, Stafford repeatedly attempted to remotely access Business A’s computer networks from his residence, using the company laptop. Stafford unsuccessfully attempted to access the company’s network approximately 10 times, using his own credentials and the credentials of a former co-worker, whom he had previously assisted. In the early morning hours of Aug. 8, 2015, Stafford successfully used the co-worker’s credentials and the company laptop to access, without authorization, the computer in the Washington office that had been located under his desk. Stafford used the Washington IT computer to execute demands to delete all of the file storage drives used by the Washington office, then changed the password to access the storage management system. The deletion of the files caused a severe disruption to the company’s operations and the loss of some customer and user data. Changing the password hindered the company’s efforts to determine what happened and restore access to its remaining files. As a result of the deletion of the network file storage drives, Washington users were unable to access their stored files for approximately three days, until the data could be restored from backups. Customer and user data that was not included in the most recent backup prior to Stafford’s deletion of the files was permanently lost.
On Aug. 11, 2015, Stafford unsuccessfully attempted to remotely access the company’s computer network from his home approximately 13 times, using credentials that were not his. On Aug. 13, 2015, a company representative spoke to Stafford and demanded that he cease and desist his attempts to unlawfully access Business A’s computer systems. The evidence showed that despite the Company’s demand, between Aug. 21 and Sept. 9, 2015, Stafford attempted to access the company’s network from his home approximately 17 times, using credentials that were not his. On Sept. 14, 2015, Stafford used the credentials of another former co-worker to access a network file storage system computer that he had been responsible for maintaining in the IT department of the company’s Baltimore office, intending to cause the same type of damage he did when he deleted the Washington office’s stored files. However, Stafford’s attempt failed because Business A had changed the password after Stafford’s attack on the Washington files.
The actual loss to Business A resulting from Stafford’s damage and attempted damage to their computer systems, including the cost of restoring the deleted systems, investigating what happened, and responding to the intrusion is at least $38,270. In addition, Business A incurred legal fees totaling $133,950.60 and a fee of $21,037.50 for a forensic investigation.
The FBI and Treasury OIG conducted the investigation. Trial Attorney S. Riane Harper of the Criminal Division’s Computer Crime and Intellectual Properties Section and Assistant U.S. Attorney Zachary A. Myers prosecuted the case.
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.