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Friday 7 August 2020
Convicted Felon Sentenced to 5 Years in Federal Prison for Gun PossessionRead the Press Release
Memphis, TN – Joshua Brogdon, 33, has been sentenced to 64 months in federal prison for being a felon in possession of a firearm. Michael Dunavant, U.S. Attorney announced the sentence today.
According to the information presented in court, on August 20, 2019, detectives with the Memphis Police Department's Organized Crime Unit (OCU) were conducting surveillance to execute a search warrant at a local motel on Sycamore View. A female under surveillance exited a room and went downstairs to talk with a male. Officers observed a pistol protruding from the male’s back pocket. He was detained and later identified as the defendant Joshua Brogdon. The pistol was a SCCY CPX-2 9mm caliber pistol with approximately 10 rounds in the magazine. Officers found Brogdon did not have a valid handgun permit. Brodgon also had an eyeglass case in his pocket which contained a small plastic baggie with suspected methamphetamine, as well as needles and a straw.
Further investigation revealed that Brogdon had an active warrant for his arrest from Arkansas; he was on supervised release from the Western District of Tennessee; and had been previously convicted of several felony offenses. As a result of his prior felony conviction record, Brogdon is prohibited by federal law from possession of firearms or ammunition.
On August 4, 2020, U.S. District Court Judge Thomas L. Parker sentenced Brogdon to a total of 64 months in federal prison followed by 3 years of supervised release for the supervised release violation and the new firearms offense. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said, "Convicted felons who possess firearms are an inherent danger to the community. By bringing them to justice, we reduce the level of
violence on the street and the threat of crime in our neighborhoods. If you illegally carry a gun, we will certainly carry you to federal prison."
This case was investigated by the Memphis Police Department and Project Safe Neighborhoods Task Force. The Project Safe Neighborhoods (PSN) initiative is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. In 2017, PSN was reinvigorated as part of the Justice Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Special Assistant U.S. Attorney Samuel D. Winnig prosecuted this case on behalf of the government. SAUSA Winnig is currently assigned from the Shelby County District Attorney General’s Office for the purpose of prosecuting violent crimes and firearms offenses in federal court.
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Convicted Felon Sentenced to 10 Years in Prison for Dealing Meth, Possessing Illegal GunsRead the Press Release
MACON, Ga. – A convicted felon was sentenced to 120 months in prison for illegally possessing firearms and distributing methamphetamine, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia.
Ulysee Sams Jr., 39, of Macon was sentenced on Thursday, August 6 by U.S. District Judge Marc Treadwell to 120 months in prison after pleading guilty to one count possession with intent to distribute methamphetamine and possession of a firearm by a convicted felon. There is no parole in the federal system.
Bibb County Sheriff’s deputies executed a search warrant at Sams’ residence on May 15, 2018, seizing two pistols, a rifle with a large capacity magazine and multiple rounds of ammunition, plus a quantity of methamphetamine. Sams has a criminal record, and was convicted in the Superior Court of Bibb County in May 2007 for possession of marijuana with intent to distribute. It is illegal for convicted felons to possess firearms. Sams admitted he intended to distribute the methamphetamine for profit.
“Gun crimes mean hard time in the federal system. It is illegal for convicted felons to possess firearms. It is also illegal for drug dealers to possess firearms for use in their drug dealing business. The penalty for illegally possessing a firearm is a lengthy prison sentence without parole,” said U.S. Attorney Charlie Peeler. “I want to thank the Bibb County Sheriff’s Office and the ATF for their work in this case.”
The investigation was conducted as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/archives/projectguardian.
The case was investigated by the Bibb County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant U.S. Attorney Will R. Keyes prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Convicted Felon Pleads Guilty to Gun PossessionRead the Press Release
Memphis, TN – Carrington Coleman, 33, has pled guilty to being a convicted felon in possession of a firearm. Michael Dunavant, U.S. Attorney announced the guilty plea today.
According to the information presented in court, on July 18, 2018, Memphis Police Department Officers stopped a 2000 GMC Yukon with a Mississippi license plate after the vehicle ran a stop sign. The tags of the vehicle were not on file as being registered to a 2000 GMC Yukon. The driver, Coleman, had a revoked driver’s license. He was asked to step out of the vehicle.
Officers smelled a strong odor of marijuana, conducted a search of the vehicle and located a clear bag with a green leafy substance in the center console, as well as a small black handgun and almost $3000 in currency. The substance was later determined to be marijuana, with a gross weight of 10.5 grams. Coleman admitted to the officers that he knew he had a suspended license, and had just smoked marijuana. The gun found was a Taurus TCP .380 caliber handgun with 4 live rounds.
Further investigation revealed Coleman was convicted of a felony drug offense in Shelby County Criminal Court on December 9, 2011.
Sentencing will be held before U.S. District Court Judge Thomas L. Parker on November 10, 2020, where Coleman faces a possible sentence of up to 10 years in federal prison. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said: "Prohibited persons in possession of firearms such as convicted felons and unlawful users of controlled substances present a known and immediate risk of violence to the community at large. In order to protect public safety and uphold the rule of law, we must remove firearms from the hands of prohibited persons and remove dangerous felons from our streets."
This case was investigated by the Memphis Police Department and Project Safe Neighborhoods Task Force. The Project Safe Neighborhoods (PSN) initiative is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. In 2017, PSN was reinvigorated as part of the 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.
Special Assistant U.S. Attorney Samuel D. Winnig is prosecuting this case on behalf of the government. SAUSA Winnig is currently assigned from the Shelby County District Attorney General’s Office for the purpose of prosecuting violent crimes and firearms offenses in federal court.
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Connecticut Dentist Pays over $148K to Settle Improper Billing AllegationsRead the Press Release
U.S. Attorney John H. Durham and Connecticut Attorney General William Tong today announced that EAN JAMES, D.M.D., has entered into a civil settlement with the federal and state governments in which he will pay more than $148,000 to resolve allegations that he caused overpayments to be paid by the Connecticut Medicaid Program.
James is an oral and maxillofacial surgeon who practices at Hartford County Oral Surgery in Bristol and Rocky Hill. The government’s allegations against James arise out of billing Medicaid for sedation and anesthesia services without a valid permit to perform those services.
In order for a dentist to administer moderate or deep sedation or general anesthesia to patients during dental procedures, the State of Connecticut requires the practitioner to have an active permit to perform conscious sedation, issued by the Connecticut Department of Public Health (“DPH”). This conscious sedation permit must be renewed annually. If the annual deadline to renew the conscious sedation permit lapses, there is a 90-day grace period during which a dentist may still administer anesthesia and sedation under the expired permit and may still apply for a renewal. Once the grace period expires, the permit becomes void. The dentist may not administer anesthesia or sedation, and must apply for a new permit if he or she wishes to resume providing those services.
On April 30, 2018, James’ conscious sedation permit lapsed. He failed to renew his permit and, on August 1, 2018, the 90-day grace period expired. Despite not having an active permit, James continued to provide anesthesia and sedation services to Medicaid patients undergoing certain oral surgical procedures, and billed Medicaid for these services. The government alleges that these claims for sedation services performed without a valid permit were improper.
To resolve his liability, James will pay $148,632.23 to the federal and state governments for conduct occurring between August 1, 2018, and June 7, 2019.
This matter was investigated by the Office of the Inspector General for the Department of Health and Human Services, and the Connecticut Office of the Attorney General. This case was prosecuted by Assistant U.S. Attorney Sara Kaczmarek, and by Assistant Attorney General Michael Cole of the Connecticut Office of the Attorney General.
People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS or the Health Care Task Force at (203) 777-6311.
Colorado man sentenced for interstate communications threatening to kill New Mexico official, attorneyRead the Press Release
Albuquerque, N.M. – Andrew Graham, 40, of Snowmass, Colorado, was sentenced Wednesday, August 5, to 15 months in federal prison for interstate communication of threats. In December, Graham pled guilty in federal court to sending communications threatening to kill an official with the New Mexico Regulation and Licensing Department as well as an attorney with a private law firm.
Graham had originally sought help from the Department and the firm in recovering money taken from a trust fund, stolen by Paul Donisthorpe in the Desert State fraud case. As those recovery efforts met with limited success, Graham accused state officials and his private attorneys of being complicit in the loss of his funds. Subsequently, his communications with New Mexico officials and the law firm became more hostile and, eventually, threatening.
On December 21, 2018, Graham sent an email to the Director of the Director of the Financial Services Division, stating in part, “If this continues I will come down there and start killing people… I will hunt you down and kill you if you continue to willingly participate in this fraud.”
On January 2, 2019, Graham left a voicemail with the private law firm. In that message, Graham used particularly graphic language threatening to kill an African-American attorney, to whom he repeatedly referred by a racial slur.
While the defense requested a sentence involving no incarceration, the prosecution requested a prison sentence based on the graphic, violent nature of the threats and the fact that both victims were trying to help victims of the Desert State fraud recover their stolen money.
In addition to 15 months in prison, Graham will also be subject to two years supervised release following his release from prison.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Paul Mysliwiec prosecuted the case.
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Canadian Citizen Sentenced for Role in Complex International Fraud and Money Laundering RingRead the Press Release
Tampa, Florida – U.S. District Judge Virginia Hernandez Covington has sentenced Brooks Thomas Nesbitt (37, Ontario, Canada) to 10 years and 1 month in federal prison for conspiracy to commit wire fraud. The court also ordered Nesbitt to forfeit various assets, and entered a money judgment of $500,000, representing the proceeds of the charged criminal conduct. In addition, Nesbitt was ordered to pay $14,511,754.05 in restitution to the victims.
Nesbitt had pleaded guilty in February 2020.
According to court documents, Nesbitt was a member of a large, international fraud and money-laundering ring, led by Mary Kathryn Marr. Between at least 2014 and 2019, Nesbitt operated boiler rooms located outside of the United States. He set up the boiler rooms, recruited their sales agents and other employees, and oversaw their operations. Nesbitt contracted with Marr so that, for a set percentage, she and her network could launder the fraud proceeds that his boiler rooms had obtained from victims. Marr also worked with Nesbitt to directly contact and defraud certain victims. Once the victims’ funds had been laundered through Marr’s network of bank accounts in the United States, Marr would arrange for most of the funds to be sent back to Nesbitt and his boiler room employees overseas.
Mary Kathryn Marr was charged separately, along with her co-conspirator, Michel Marc Chateau. Both Marr and Chateau contracted with various international boiler rooms to launder fraud proceeds that they had obtained from foreign victims, primarily by selling worthless investments. Marr and her co-conspirators employed a mass marketing scam in which high-pressure sales techniques originating out of so-called “boiler rooms” were used to defraud individuals who believed that they were investing substantial amounts of money in regulated financial products or markets, particularly shares of stocks. In reality, however, the investments were a sham and the victims received nothing. The majority of the victims that Marr and her co-conspirators targeted were located in Australia, New Zealand, the United Kingdom, and countries in Asia.
Marr and Chateau operated a network of funnel bank accounts in the United States in the names of shell companies, into which the boiler room agents instructed victims to send their money. The victims’ funds were then laundered through more bank accounts and sent overseas, with the launderers receiving a percentage of funds that they moved. Marr and Chateau recruited various individuals to open and operate funnel bank accounts in Florida and other states.
In total, Nesbitt, Marr, and their co-conspirators unlawfully obtained approximately $14.5 million from victims through various boiler room fraud schemes. On January 30, 2019, Thai authorities provisionally arrested Nesbitt at his residence in Hua Hin, Thailand. Nesbitt was subsequently extradited to the United States for prosecution.
“This international fugitive thought he could hide from justice,” said HSI Tampa Assistant Special Agent in Charge Michael Cochran. “Because of the unique international investigative authorities of HSI, along with our partners at the U.S. Internal Revenue Service, he will now be held accountable for his crimes.”
"With Homeland Security and IRS Special Agents working together, this unique investigation showcases the power of combined federal agencies to topple a global financial fraud. Foreign victims and the American public can rest a little easier tonight,” stated Special Agent in Charge Brian Payne of IRS Criminal Investigation. “When crooks endeavor to rip off just one victim, they also damage the consumer confidence of us all. We take our role as the world’s finest financial investigators very seriously because we realize prosecuting financial crime is vital to maintaining trust in our economy.”
This case was investigated by Homeland Security Investigations and the Internal Revenue Service – Criminal Investigation, with assistance provided by the Royal Thai Police. The Justice Department’s Office of International Affairs provided significant assistance in securing the defendant’s extradition from Thailand. It is being prosecuted by Assistant United States Attorney Patrick Scruggs.
Broome County Man Arrested on Charges of Attempted Coercion and Enticement of a MinorRead the Press Release
SYRACUSE, NEW YORK – Richard O’Hara, age 31, of Glen Aubrey, New York had an initial appearance in federal court in Binghamton, New York yesterday on charges that he attempted to coerce and entice a minor to engage in sexual activity that would constitute a crime in New York. The announcement was made by United States Attorney Grant C. Jaquith and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As alleged in the criminal complaint, O’Hara responded to a public message on a social networking website and then communicated with an undercover law enforcement officer who he believed to be a parent and 10-year-old daughter. O’Hara was arrested after he showed up at a house expecting to engage in sex acts with the girl, after promising her gifts if she engaged in sex acts with him.
If convicted, the defendant faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life, a maximum fine of $250,000, and a term of supervised release of between five years and life. He will also be required to register as a sex offender.
Following his initial appearance in Court, the defendant was detained pending further proceedings. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the Federal Bureau of Investigation (FBI) and is being prosecuted by Assistant U.S. Attorney Michael D. Gadarian as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Boston Man Charged in Connection with Shooting and Conspiracy to Distribute Controlled SubstanceRead the Press Release
BOSTON – A Boston man was arrested yesterday and charged in connection with operating a drug trafficking organization and with a July 1, 2017 shooting in Boston.
Mujab Jihad Mubarak, a/k/a “Big Homie,” a/k/a “Easy,” a/k/a “E,” was charged in a criminal complaint with one count of conspiring to distribute and possess with intent to distribute heroin and fentanyl and one count of use and possession of a firearm in connection with a drug trafficking crime. Mubarak will make an initial appearance today at 2:30 before Magistrate Judge Judith Dein.
According to charging documents, Mubarak was responsible for a large drug trafficking organization and employed multiple lower-level co-conspirators as part of his distribution network. The court documents detail Mubarak’s operation and recount over 20 recorded purchases made by a cooperating witness.
Mubarak was allegedly captured on a recording discussing a 2017 shooting incident where a former co-conspirator of Mubarak was targeted because Mubarak believed the co-conspirator had stolen money. Mubarak explained that the co-conspirator was transporting cash through Logan Airport on behalf of Mubarak’s drug trafficking organization and the co-conspirator claimed that the money was seized by police, which was in fact true. When the co-conspirator failed to provide proof of the seizure, Mubarak stated on the recording that he located the co-conspirator and shot him. According to court documents, police and medical records showed that the police responded to a shooting where the co-conspirator was shot and admitted to the hospital with a gunshot wound.
The charge of conspiring to distribute and possess with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $1 million. The charge of using and possessing of a firearm in connection with a drug trafficking crime provides for a sentence of no less than five years and up to life in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement. The Boston Police Department also provided valuable assistance. Assistant U.S. Attorneys Glenn A. MacKinlay and Philip A. Mallard of Lelling’s Organized Crime and Gang Unit are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Border Patrol arrests previously deported felon in Doña Ana County, New MexicoRead the Press Release
DOÑA ANA COUNTY, N.M. – On July 31, the U.S. Border Patrol arrested a Mexican national who had previously been deported subsequent to his conviction for multiple aggravated felonies.
Manuel Aguerro-Alarcon was deported to Mexico through Laredo, Texas, after having been convicted on charges of conspiracy to kidnapping and robbery. Last Friday, however, Border Patrol agents encountered Aguerro-Alarcon in Doña Ana County.
Under federal law, as alien who previously has been arrested and convicted of an aggravated felony and subsequently deported from the United States may not lawfully re-enter the country without the consent of the appropriate authority of the United States to apply for admission.
A criminal complaint is only an accusation. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
This case was investigated by the U.S. Border Patrol. Assistant U.S. Attorney Nicole Hammond is prosecuting the case.
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Belmont Man Pleads Guilty to Conspiracy to Commit Bank FraudRead the Press Release
CONCORD - Jon Daigle, Jr., 33, of Belmont, pleaded guilty in federal court on Thursday to conspiracy to commit bank fraud, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on December 12, 2019, the Belmont Police Department received a report that two people were using drugs in a parked car outside a convenience store. Officers responded and identified Daigle and another individual as the occupants of the vehicle. In plain view, they observed drug paraphernalia in the car. Officers seized the vehicle and applied for a search warrant, which was granted. Later that day, officers searched the car and found suspected methamphetamine, drug paraphernalia, mail addressed to various people in Laconia, Gilford, and Meredith, New Hampshire (including checks made out to people who were not occupants of the vehicle), a USPS mail tote, and a lock pick set.
On January 15, 2020, the Bedford Police Department began an investigation of mail stolen from a community mailroom. A surveillance camera in the mailroom showed that on January 12, 2020, Daigle was captured on video as he picked the lock to the mailroom, entered the room, rummaged through various packages, and left with a handful of mail.
On various occasions between January and April of 2020, Daigle and his co-conspirator altered stolen checks and cashed or attempted to cash them at various banks in New Hampshire. Some of the checks were stolen from the community mailroom in Bedford and also from mailboxes in Manchester. On April 1, 2020, Daigle and a co-conspirator attempted to use a stolen driver’s license to cash a check at a credit union.
On April 23, 2020, Daigle and a co-conspirator were arrested by Manchester Police Officers. Officers seized the vehicle and obtained a search warrant. The vehicle contained over $16,000 in stolen checks, stolen credit cards, the stolen driver’s license used at the credit union on April 1, and various other pieces of stolen mail.
Daigle is scheduled to be sentenced on November 17, 2020.
“Bank fraud causes real harm to individuals as well as financial institutions,” said U.S. Attorney Murray. “The harm is compounded when criminals interfere with the U.S. Mail to facilitate their schemes. We will continue to work closely with U.S. Postal Inspection Service and all of our law enforcement partners to identify and prosecute those who engage in this type of criminal activity”
“The U.S. Postal Inspection Service actively conducts investigations with our counterparts to combat mail theft in our communities,” said Inspector in Charge Joseph W. Cronin of the U.S. Postal Inspection Service’s Boston Division. “The U.S. Mail remains one of the most secure means of transmitting personal information and our Postal Inspectors work diligently to preserve the integrity of the U.S. Mail.”
This matter was investigated by the United States Postal Inspection Service, the Belmont Police Department, the Bedford Police Department, and the Manchester Police Department. The case is being prosecuted by Assistant U.S. Attorney Georgiana L. Konesky.
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Attorney General Barr Chairs Meeting of the Federal Interagency Council on Crime Prevention and Improving ReentryRead the Press Release
Attorney General William P. Barr this morning chaired a principals meeting of the Federal Interagency Council on Crime Prevention and Improving Reentry, which President Trump created by Executive Order in 2018. The Council brings together a dozen federal agencies to develop and implement policies aimed at preventing crime, including innovative re-entry programs designed to reduce recidivism and help former inmates transition productively back to society. The Council is co-chaired by the Attorney General, the Assistant to the President for Domestic Policy, and the Senior Advisor to the President in charge of the White House Office of American Innovation. The Executive Director of the Council is Pastor John “Tony” Lowden, a member of the Department of Justice designated by the Attorney General to coordinate the day-to-day functions of the Council.
This morning’s Council meeting at the White House was attended by Secretary Ben Carson of the Department of Housing and Urban Development, Secretary Sonny Perdue of the Department of Agriculture, Secretary Robert Wilkie of the Department of Veterans Affairs, Secretary Betsy DeVos of the Department of Education, Deputy Secretary Justin Muzinich of the Department of the Treasury, Deputy Secretary Patrick Pizzella of the Department of Labor, Director James Carroll of the Office of National Drug Control Policy, and high-level representatives from the Departments of the Interior, Commerce, and Health and Human Services, and the Office of Management and Budget. Attorney General Barr and Deputy Assistant to the President Ja’ron Smith delivered opening remarks, the Council Members reported on their initiatives, and Pastor Lowden discussed next steps for the Council.
The Council also announced the launch of a new website, www.reentry.ojp.gov, which will serve as a one-stop shop for federal re-entry initiatives. The website will enable inmates, family members, employers, and other members of the community to learn about the resources available for prisoners to facilitate a transition to productive, law-abiding members of society.
Attorney General Barr’s opening remarks as prepared for delivery are below.
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Thank you for that introduction, Tony [Lowden], and thank you for your leadership as Executive Director of the Council. As you all know, President Trump created this Council by Executive Order in March 2018, and I am pleased to serve as one of its Co-Chairs. The Executive Order explained that addressing crime requires not only active law enforcement – which the Department of Justice and its partners continue to provide – but also efforts to prevent crime and recidivism in the first place, including by preparing inmates for a productive re-entry into society. That same philosophy is reflected in the landmark First Step Act, which the President signed in 2018 and which the Department of Justice has made a top priority to implement.
I appreciate the dedicated work by the members of this Council from across the government. I look forward to hearing more about your accomplishments and ideas for continued progress. To start things off, I want to share a few statistics illustrating the Department of Justice’s work. Five years ago, the Bureau of Prisons (BOP) housed about 205,000 inmates. When President Trump took office in 2017, the number was about 185,000. Today, the number is about 158,000 – a drop of nearly 25 percent in five years and 15 percent since the President took office.
As Attorney General, I can assure you this reduction did not occur because the Department of Justice has hesitated to prosecute serious federal crimes or to advocate for significant prison sentences in appropriate cases. Rather, the drop has occurred because the Department – in implementing the First Step Act and the President’s direction in establishing this Council – has made it a priority to release prisoners who do not pose a significant threat of recidivism, and who are prepared to re-enter society peacefully and productively. Of particular note, in response to the COVID-19 pandemic, BOP has released more than 7,300 inmates – including many older inmates and others in high-risk health categories who do not present a serious threat of crime – to home confinement.
Just as important as those releases, the Department of Justice has undertaken a number of measures to prepare inmates still incarcerated for more productive releases in the future. BOP now has more than 70 evidence-based programs and productive activities aimed at preparing inmates to rebuild their lives. More than 57,000 inmates have participated in drug-treatment programs; more than 21,000 have gained work experience through UNICOR; more than 15,000 have received technical or vocational training; and more than 4,000 have earned a GED.
We have also launched or expanded innovative programs aimed at helping inmates develop and use new skills. Among others, BOP has programs allowing inmates to train service dogs; programs specially designed for the needs of women inmates and veterans; reading programs for inmates with disabilities such as dyslexia and those who speak English as a second language; and the Ready to Work initiative, which helps connect inmates preparing for release with local employers who have a hiring need.
A number of these programs have benefited from collaboration with other agencies, including members of this Council such as the Department of Veterans Affairs and the Department of Labor. I am grateful for your joint efforts on this important priority. And I look forward to continuing to work together to meet the goal the President outlined two years ago: “preventing crime and … ensuring that that the correctional facilities in the United States prepare inmates to successfully re-enter communities as productive, law-abiding members of society.”
Thank you very much.
Thursday 6 August 2020
United Blood Gang Member Sentenced for Firearm PossessionRead the Press Release
RALEIGH, N.C. – A Raleigh Blood Gang member was sentenced today to 66 months’ imprisonment for illegally possessing a firearm in Raleigh.
According to court documents, Emmanuel Brent Sanders, 25, was named in a one-count Indictment filed in the Eastern District of North Carolina on August 22, 2019. The Indictment charged Possession of a Firearm by a Convicted Felon. On January 7, 2020, the defendant pled guilty to Possession of a Firearm by a Convicted Felon.
On March 21, 2019, Officers from the Raleigh Police Department Gang Suppression Unit conducted a traffic stop on a vehicle because a wanted subject was spotted inside the vehicle. The individual seated in the driver’s seat was identified as Sanders. Officers observed marijuana on the floor boards of the vehicle, and so the occupants were removed from the vehicle and a probable cause search was conducted. Underneath the driver’s seat, officers found a loaded Smith & Wesson .40 caliber pistol with an extended magazine and a round in the chamber. The firearm was listed as stolen in NCIC. Sanders was arrested for Possession of a Firearm by a Convicted Felon.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Raleigh Police Department (RPD) investigated the case and Assistant U.S. Attorney Daniel W. Smith prosecuted the case.
A copy of this press release is located on our website. Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-cr-00335-D-1.
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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.
U.S. Attorney D. Michael Dunavant announces Operation LeGend in MemphisRead the Press Release
Memphis, TN – United States Attorney D. Michael Dunavant announced today that Operation LeGend, a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime, will be expanding into the City of Memphis.
Operation LeGend is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City. The Operation was first launched on July 8 in Kansas City, MO., and expanded on July 22, 2020, to Chicago and Albuquerque, and then to Cleveland, Detroit, and Milwaukee on July 29, 2020. Today, the expansion of Operation LeGend was announced in the cities of Memphis and St. Louis.
"The most basic responsibility of government is to protect the safety of our citizens," said Attorney General William P. Barr. "Today, we have extended Operation Legend to Memphis and St. Louis, two cities experiencing increases in violent crime that no resident of those cities should have to accept as part of everyday life. For decades, the Department of Justice has achieved significant success when utilizing our anti-violent crime task forces and federal law enforcement agents to enforce federal law and assist American cities that are experiencing upticks in violent crime. The Department of Justice’s assets will supplement local law enforcement efforts, as we work together to take the shooters and chronic violent criminals off of our streets."
As part of Operation LeGend, Attorney General Barr directed the ATF, FBI, DEA, and U.S. Marshals Service (USMS) to significantly increase resources into Memphis and St. Louis in the coming weeks to help state and local officials fight high levels of violent crime, particularly gun violence.
Memphis is currently experiencing a significant increase in violent crime, with homicides spiking up more than 49%, reported gun crime up 23%, and aggravated assault shootings up over 19% compared to 2019.
In the City of Memphis, the Department of Justice will supplement state and local law enforcement agencies by deploying a total of 40 federal investigators, including 16 federal investigators to Memphis on temporary assignment for 90 days, followed by 24 permanent agent assignments from the FBI, DEA, ATF, and Homeland Security Investigations (HSI). Under the leadership of Michael Dunavant, United States Attorney for the Western District of Tennessee, these investigators will complement the work already underway by existing joint federal, state and local task forces within the framework of the Multi-Agency Gang Unit (MGU), focused on combatting violent gangs, gun crime, and drug trafficking organizations.
The Bureau of Justice Assistance (BJA) will make available $200,000 to support Operation LeGend’s violent crime reduction efforts in Memphis, in addition to the prior BJA grant funding award of $1.4 million to Shelby County to provide manpower, technology, equipment, and support for the sustained efforts of the Operation LeGend Task Force, including overtime funding for the Multi-Agency Gang Unit (MGU) and partner agency officers; a prosecutor for the Shelby County District Attorney General’s Office to handle operation arrests vertically through the state criminal justice system to ensure that arrests are followed by strategic prosecution; vehicles for MGU operations; and technological solutions to enhance investigation and prosecution of violent offenders. The COPS Office has also previously made approximately $9.8 million available to the Memphis Police Department to fund the hiring of 50 officers.
The Department has also provided assistance to Memphis through the Joint Law Enforcement Operations (JLEO) fund to assist with overtime reimbursement of local law enforcement serving as federal task force officers with FBI, ATF, DEA, and the U.S. Marshals Service. Each Operation LeGend city will receive $100,000 from ATF to help local agencies defray costs associated with installing or maintaining shot detection technology.
During the press conference on Thursday to announce the expansion of Operation LeGend to Memphis, the following additional announcements were made:
• United States Marshal Tyreece Miller announced the results from Phase 1 of Operation Relentless Pursuit fugitive apprehension effort led by the USMS from January 13 through April 3, 2020, which included the arrests of 434 individuals on outstanding warrants, including 24 wanted for homicide, 151 for assault or robbery, 75 wanted for sexual offenses, and 61 identified gang members. Seized during this time period were ninety (90) firearms; 20.71 kilograms of narcotics; and approximately $51,000 in U.S. currency.
• Shelby County District Attorney General Amy Weirich and U.S. Attorney Michael Dunavant announced that the BJA has awarded a grant to the Shelby County District Attorney’s Office in the total amount of $400,000 to fund two (2) Special Assistant United States Attorneys (SAUSAs) for a period of up to 3 years to reduce violent crime as part of the Project Guardian Initiative. The Assistant District Attorneys (ADAs) hired under this grant will be full-time, cross-designated prosecutors assigned to the local United States Attorney’s Office (USAO). These cross-designated prosecutors will maintain an active violent crimes reduction caseload in federal court, while also helping to promote higher quality investigations, improved training, and better communication with state and local law enforcement agencies regarding the investigation and prosecution of firearms offenses under the Project Guardian Initiative.
• FBI Special Agent in Charge Doug Korneski, along with Memphis Police Director Michael Rallings announced that as part of the initiative, a reward of up to $25,000 will be made available for information leading to the successful identification and prosecution of the person(s) responsible for the unsolved shooting deaths of Ashlynn Luckett, age 6, and her uncle, Lequan Boyd, age 16, in a drive-by shooting incident on January 20 of this year while they were inside a home in the 6800 block of Kirby Mills Cove in the Hickory Hill neighborhood of Memphis. On April 28, 2020, Tennessee Governor Bill Lee announced a $20,000 award in the same case. Anyone with information is asked to call the FBI Memphis Field Office at (901)747-4300, the FBI tip line at 1-800-CALL-FBI, or the Memphis Police Department CrimeStoppers Tip Hotline at 901-528-CASH (2274). You can also report information online at tips.fbi.gov, or contact your local FBI office.
U.S. Attorney D. Michael Dunavant said, "Operation LeGend builds on the collaborative success of Operation Relentless Pursuit, and provides even more federal agency resources and grant funding to help us in our collective fight against violent crime in Memphis. As violent gun crime and homicide spike up, we must meet that threat with a significant surge of law enforcement resources, and Operation LeGend comes at a critical time in our city. I am appreciative to Attorney General Barr for deploying these temporary and permanent federal agent assignments to Memphis, and I look forward to working with all of our federal, state, and local law enforcement partners to attack the real violent crime drivers in in our community: gangs, guns, and drugs."
"FBI Memphis is eager to continue our ongoing collaborative efforts with law enforcement partners to reduce violent crime in our neighborhoods as a part of Operation LeGend," said Special Agent in Charge Douglas M. Korneski of the Memphis Field Office of the Federal Bureau of Investigation. "Local, State and Federal Law Enforcement along with our community partners are one team in this sustained, systematic and coordinated initiative to target the violence in our communities."
"Operation LeGend is an operation that is consistent with our mission of apprehending dangerous individuals. The United States Marshals Service stands with the citizens of Memphis and their desire for safer neighborhoods for them and their children, said U.S. Marshal Tyreece Miller.
"We appreciate the continued efforts of our federal partners in this expansion of Operation LeGend," said Mike Rallings, Director, Memphis Police Department.
Amy Weirich, Shelby County District Attorney General said: "In the midst of a public health crisis, we are dealing with a public safety crisis. This help from our federal partners
will mean justice for more families devastated by all of this violence. For that I am grateful. But for lasting change, we need the community to do more. We need a coordinated community reaction to the disturbing number of murders---to the number of children we have buried. We need everyone to do their part to combat the growing number among us who embrace violent behavior."
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Two West Virginia men indicted on firearms chargesRead the Press Release
WHEELING, WEST VIRGINIA – A Wheeling man and a Morgantown man were both indicted today by a federal grand jury on firearms charges, U.S. Attorney Bill Powell announced.
Mark L. Flint, II, age 35, of Wheeling, was charged with one count of “Unlawful Possession of a Firearm.” Flint, who is prohibited from having a firearm, is accused of having a .40 semi-automatic pistol in May 2020 in Ohio County.
In an unrelated case, Marquise Hicks, age 26, of Morgantown, West Virginia, was indicted on one count of “Possession of a Firearm in Furtherance of a Drug Offense.” Hicks is accused of having a 9mm pistol while allegedly trafficking marijuana in August 2019 in Monongalia County.
Flint faces up to 10 years of incarceration and a fine of up to $250,000. Hicks faces up to five years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Danae DeMasi-Lemon is prosecuting the Flint case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Wheeling Police Department investigated.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the Hicks case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Monongalia County Probation Office investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Philadelphia Men Indicted for Robbing West Philadelphia Mini MartRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Khaleef Huskey, 20, and Rasheen Mainor, 20, both of Philadelphia, PA were charged by Indictment with robbing a West Philadelphia convenience store while brandishing a firearm.
The Indictment alleges that early on the morning of January 14, 2020, the defendants robbed the Dollar & Smoker’s Point store, also known as the Chester Mini Market, at 5401 Chester Avenue, and took merchandise and approximately $500 cash. The defendants committed their alleged crime by brandishing a firearm and forcing their victim to leave the store at gunpoint.
“Robbing any type of business – whether it’s a bank, a corner store, or anything in between – is a serious federal offense that can carry stiff penalties,” said U.S. Attorney McSwain. “If convicted, Huskey and Mainor face many years behind bars. Committing a violent crime in the Eastern District of Pennsylvania carries a tremendous risk of a long prison sentence, which is the message of our new anti-violence public awareness campaign. You can learn more about this campaign on our District website.”
“In the early hours of the morning, Huskey, Mainor, and an accomplice allegedly stormed into a store, confronted an employee at gunpoint, and proceeded to take whatever they wanted,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “Protecting the people of Philadelphia from violent crime is a priority for the FBI, and our Safe Streets Task Force will never cede this city to armed criminals willing to break the law without a second thought.”
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.
If convicted, both defendants face a maximum possible sentence of life imprisonment.
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Michael R. Miller.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Men Charged with Armed Robbery in Palm Beach CountyRead the Press Release
MIAMI – Michael Anthony Roundtree Jr., 37, and Daren Bernard Razz III, 40 both of Riviera Beach, Florida, have been arrested and charged with robbery affecting interstate or foreign commerce. It is alleged that, from August 2019 through August 2020, they committed or attempted twelve armed robberies.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI, Miami Field Office, and Ric L. Bradshaw, Sheriff, Palm Beach County Sherriff’s Office, made the announcement.
According to allegations in the criminal complaint, starting in August 12, 2019, Roundtree and Razz committed ten armed robberies and unsuccessfully attempted to commit two more armed robberies. The victims were auto supply and “dollar” stores in Palm Beach County. The defendants ordinarily worked together. In three instances, one of the defendants acted alone. The defendants entered the stores at night and demanded money and, in some cases, goods at gunpoint. In one instance, one of the defendants pistol-whipped an employee. The most recent robbery occurred on August 4, 2020.
U.S. Attorney Fajardo Orshan commended the FBI and the Palm Beach County Sherriff’s Office for its work on this investigation.
Assistant United States Attorney Marc Osborne is prosecuting this case.
A criminal complaint is a charging instrument containing allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
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 at http://pacer.flsd.uscourts.gov, under case number 20-8277-DLB.
Two Charged in $1 Million Embezzlement SchemeRead the Press Release
NEWARK, N.J. – Two New Jersey residents were charged for their participation in a multi-year $1 million embezzlement scheme, U.S. Attorney Craig Carpenito announced today.
Ruby Baroni, 53, of Lyndhurst, New Jersey, and Rolando Veloso, 41, of Haskell, New Jersey, were each charged by a criminal complaint unsealed today in Newark federal court with one count of conspiracy to commit wire fraud. They made their initial appearances today by videoconference before U.S. Magistrate Judge Edward S. Kiel.
According to documents filed in this case and statements made in court:
Between October 2010 and August 2016, Baroni and Veloso conspired with others to carry out a large-scale, multifaceted scheme to embezzle funds from an area guided-tour company. In some instances, Baroni, who served as the company’s accounting manager, cut checks drawn against the company’s checking accounts made out to either other company employees or fictitious individuals and then cashed those checks herself. In other instances, Baroni cut checks made out to various shell business entities formed by Veloso, none of which ever performed any services for the company; Veloso then deposited or cashed those checks for his personal use. Veloso also made substantial charges for his shell business entities on a company credit card issued to another conspirator, none of which reflected any actual work performed for the company by any of those entities. In all, Baroni, Veloso, and their conspirators embezzled over $1 million from the company.
The charge of conspiracy to commit wire fraud carries a maximum penalty of 20 years in prison and a $250,000 fine.
U.S. Attorney Carpenito credited inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James V. Buthorn, and special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Andrew M. Trombly of the U.S. Attorney’s Office Cybercrime Unit in Newark.
The charge and allegations in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Two Additional Individuals Arrested for Attempting to Ignite Police Vehicle Following Trenton ProtestsRead the Press Release
TRENTON, N.J. – Two New Jersey men have been charged with attempting to set fire to a marked police vehicle following the May 2020 protests in Trenton, U.S. Attorney Craig Carpenito announced today.
Killian F. Melecio, 20, of Columbus, New Jersey, and Kadeem A. Dockery, 29, of Trenton, were arrested Aug. 5, 2020, by special agents of the FBI and charged by complaint with one count of attempting to damage or destroy by fire a vehicle owned or possessed by an institution receiving federal financial assistance, and one count of attempting to damage or destroy by fire a vehicle used in and affecting interstate commerce. Melecio and Dockery appeared by videoconference before U.S. Magistrate Judge Tonianne J. Bongiovanni. Dockery was released; Melecio was detained pending a bail hearing.
According to documents filed in this case and statements made in court:
On May 31, 2020, large-scale protests were held throughout the United States, including in Trenton, in response to the death of George Floyd, who died on May 25, 2020, while in the custody of the Minneapolis Police Department. Although the protest in Trenton was peaceful earlier in the day, violence erupted later. A group of individuals proceeded down East State Street and began to smash store fronts, loot stores, and attack multiple marked Trenton Police Department vehicles.
A street camera and other video footage taken by an individual present recorded Dockery light an explosive device and throw it through the open front driver’s side window of a Trenton Police Department vehicle. Dockery then removed his shirt and handed it to Melecio, who attempted to stuff the shirt in the gas tank of the police vehicle and ignite it. Melecio was assisted by Justin D. Spry, who was charged in a criminal complaint on June 2, 2020, for his role in the riot. Law enforcement officers on scene observed Spry as he attempted to ignite the vehicle. Melecio fled, and Spry attempted to flee, but was arrested. During the course of Spry’s arrest, Dockery lit another explosive device and threw it over the Trenton Police vehicle at the arresting officers, where it exploded at their feet. Law enforcement identified Melecio and Dockery through their distinctive tattoos seen on the video footage.
Both counts carry a statutory mandatory minimum term of five years in prison, a maximum potential penalty of 20 years in prison, and a maximum fine of $250,000.
U.S. Attorney Carpenito credited special agents of the FBI and task force officers of the Joint Terrorism Task Force in Newark, under the direction of Acting Special Agent in Charge Joe Denahan, with the investigation leading to the charges. He also thanked officers of the Trenton Police Department, under the direction of Police Director Sheilah Coley; troopers of the New Jersey State Police, under the direction of Col. Patrick J. Callahan; and officers of the New Jersey Department of Corrections, under the direction of Commissioner Marcus O. Hicks, for their assistance.
The government is represented by Assistant U.S. Attorneys Alexander E. Ramey and Michelle S. Gasparian of the U.S. Attorney’s Office’s Criminal Division in Trenton.
The charges and allegations contained in the complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.
Three South Florida Residents Who Participated in $24 Million Covid-Relief Fraud Scheme Charged in Federal CourtRead the Press Release
MIAMI – Federal prosecutors have filed charges in the Southern District of Florida against three local residents for their alleged participation in a scheme to file fraudulent loan applications seeking more than $24 million in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Brian C. Rabbitt, Acting Assistant Attorney General of the Justice Department’s Criminal Division, Michael J. De Palma, Special Agent in Charge, IRS Criminal Investigation (CI), Miami Field Office, George L. Piro, Special Agent in Charge, FBI, Miami Field Office, and Hannibal “Mike” Ware, Inspector General, SBA Office of Inspector General (OIG) made the announcement.
Damion O. McKenzie, 38, of Miami Gardens, Andre M. Clark, 46, of Miramar, and Keyaira Bostic, 31, of Pembroke Pines, were each charged in separate criminal complaints with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud. According to their criminal complaint affidavits, McKenzie, Clark, and Bostic, with the assistance of other co-conspirators, submitted fraudulent PPP loan applications for their respective companies. The fraudulent loan applications were supported by falsified documents, including fake bank statements and payroll tax forms.
After submitting fraudulent loan applications for their own companies, McKenzie, Clark, and Bostic allegedly became recruiters and referred other business owners to their co-conspirators for the purpose of creating and submitting additional fraudulent PPP loan applications. McKenzie, Clark, and Bostic allegedly would receive a kickback for any loan approved and funded for any client they referred to their co-conspirators.
The alleged scheme that McKenzie, Clark, and Bostic participated in with their co-conspirators, which included other recruiters and loan applicants (some of whom face related charges in the Northern District of Ohio), involved the planning or preparation of at least 90 fraudulent PPP loan applications, worth more than $24 million dollars. Many of the loan applications were approved and funded by financial institutions, paying out at least $17.4 million.
“The United States made funds available to small business owners through the Paycheck Protection Program to ensure that our communities’ local businesses and their employees financially survive this pandemic,” said U.S. Attorney Ariana Fajardo Orshan. “Those who defraud the program with no regard for the effect that their actions of greed will have on the small business owners and employees who legitimately need the money will be vigorously prosecuted by my office.”
“The defendants allegedly participated in an extensive nationwide scheme to file at least 90 fraudulent applications for millions of dollars in PPP loans in exchange for illegal kickbacks of portions of the loan proceeds,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “These allegations reflect an organized effort by defendants to defraud the SBA’s PPP program on a large scale by stealing funds intended for legitimate small businesses suffering from economic hardships caused by the COVID-19 pandemic. The department and our law enforcement partners will continue to aggressively pursue those who would seek to illegally exploit the ongoing national emergency for their own benefit.”
“During these difficult times, while hardworking American citizens are facing a pandemic and struggling to take care of their families, crimes like these literally rob the coffers of critically needed relief funds,” said Special Agent in Charge Michael J. De Palma of the IRS Criminal Investigation (CI) Miami Field Office. “We will continue to tirelessly pursue the culprits behind these heinous schemes and bring them to justice. Any fraud of COVID-19 financial relief programs will never be tolerated.”
“The Paycheck Protection Program was designed to help hardworking small business owners who are suffering economically due to the COVID-19 shutdowns,” said George L. Piro, Special Agent in Charge, FBI Miami. “The FBI will not tolerate anyone who fraudulently misuses federal funds designed to assist Florida businesses. In the current climate, we are committed to diligently investigate those who illegally take advantage of these critical funds.”
“The reprehensible alleged actions of the defendants sought personal gain at the expense of taxpayers,” said Inspector General Hannibal “Mike” Ware of the SBA Office of Inspector General (OIG). “OIG will aggressively pursue fraud in the PPP and other SBA programs aimed at assisting the nation’s small businesses during the pandemic. I want to thank the Department of Justice and our law enforcement partners for their pursuit of justice.”
Defendants McKenzie, Clark, and Bostic had their initial appearances yesterday before U.S. Magistrate Judge Patrick M. Hunt, who sits in Ft. Lauderdale. For information on other co-conspirators charged for their involvement in this fraud scheme, click here.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be entirely forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses a certain amount of the PPP loan proceeds on payroll expenses.
U.S. Attorney Fajardo Orshan commends IRS-CI Miami, FBI Miami, and SBA-OIG for investigating these cases. She also thanks IRS-CI Cleveland and FBI Cleveland for their work and the Federal Deposit Insurance Corporation Office of Inspector General for its assistance. David Turken, Assistant U.S. Attorney for the Southern District of Florida, and Philip Trout, Trial Attorney with the Criminal Division’s Fraud Section, and are prosecuting these South Florida cases.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case nos. 20-mj-6316, 20-mj-6317, and 20-mj-6318.
Three Northampton County Men Indicted on Federal Gun ChargesRead the Press Release
RALEIGH, N.C. – A federal grand jury returned indictments charging three Northampton County men with various gun and ammunition offenses.
According to the respective indictments, Deryck Devon Bennett, 26, of Garysburg, was charged with one count of felon in possession of a firearm. Rasean Bolden, 38, and Tyshawn Williams, 29, both of Rich Square, were charged with felon in possession of firearm and ammunition. If convicted, each man faces a maximum of 10 years in prison.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement. The Northampton County Sheriff’s Office is investigating the case and Assistant U.S. Attorney Robert J. Dodson is prosecuting the case.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
South Bend, Indiana Man Sentenced to 16 Years in PrisonRead the Press Release
SOUTH BEND –Christopher Kinds, 35, of South Bend, Indiana was sentenced by United States District Court Judge Damon R. Leichty upon his plea of guilty to possessing over 500 grams of methamphetamine with the intent to distribute and possessing firearms after having been convicted of a felony offense, announced U.S. Attorney Kirsch.
Mr. Kinds was sentenced to 192 months in prison followed by 2 years of supervised release.
“Mr. Kinds, a felon with multiple prior convictions, will serve 16 years in prison for his guilty plea to possessing over 500 grams of methamphetamine and possessing firearms,” said U.S. Attorney Kirsch. “Possession of a firearm by a felon or during the commission of other crimes is dangerous and intolerable. My Office and our law enforcement partners will continue to focus on these type of offenses as part of our Project Safe Neighborhoods strategy in South Bend.”
According to documents filed in this case, on September 5, 2019, investigators searched Mr. Kinds’ home and storage units at a rental facility, all in South Bend. Investigators arrested Mr. Kinds the same day. Investigators recovered over 2 kilograms of methamphetamine, over 80 grams of heroin, nearly $17,500.00 in cash, and over 35 firearms from his person, his home, and his storage units. Mr. Kinds has multiple prior felony convictions, including drug-related offenses and a firearms offense.
“The collaborative investigation and prosecution of this habitual offender is a prime example of the partnerships in which ATF takes great pride,” remarked the ATF Special Agent in Charge of the Chicago Field Division Kristen de Tineo. “ATF will continue to investigate those who illegally possess firearms and we thank our partners for their significant role in this particular investigation.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the South Bend Police Department, St. Joseph County Drug Investigations Unit, and St. Joseph County SWAT Team. The case was handled by Assistant U.S. Attorneys Molly Donnelly and Kim Schultz.
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Seattle man charged with transporting minor for prostitution or illegal sexual activityRead the Press Release
(Seattle)—A 32-year-old Seattle man was charged August 5, 2020, by criminal complaint, with Transportation of a Minor with Intent to Engage in Prostitution or Criminal Sexual Activity, announced U.S. Attorney Brian T. Moran. GARY STENSLAND, was arrested yesterday and made his initial appearance in U.S. District Court in Seattle.
According to the criminal complaint, in September 2018, STENSLAND traveled to Portland to meet a 13-year-old whom he had contacted via an internet app. STENSLAND returned to Seattle with the minor and paid the minor for sex. STENSLAND then drove the youth back to Portland. The youth just recently disclosed the abuse.
On August 5, 2020, the FBI, as part of the Seattle Internet Crimes Against Children (ICAC) Task Force, executed a search warrant at STENSLAND’s residence and seized his electronic devices. Law enforcement continues to investigate other sexual contact STENSLAND may have had with minors.
Transportation of a Minor with Intent to Engage in Prostitution or Criminal Sexual Activity is punishable by a mandatory minimum ten years in prison and up to life in prison.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The case is being investigated by the FBI in conjunction with the Internet Crimes against Children Task Force. The case is being prosecuted by Assistant United States Attorney Matthew Hampton.
Rochester Man Arrested on Arson Charges Related to May 30 Protests in RochesterRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Tindal, 25, of Rochester, NY, was arrested and charged by criminal complaint with conspiracy to commit arson and arson. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 20 years, and a $250,000 fine.
“Today’s arrest brings the total number charged district-wide with protest related violence in Rochester and Buffalo to 13 individuals, noted U.S. Attorney Kennedy. “As alleged in the various charging documents filed against them, these individuals, including Mr. Tindal, engaged in acts of ‘violent rioting’ not ‘peaceful protest.’ Instead of speaking-out in pursuit of the ideal of justice, these defendants acted-out in denigration of it, and as such, they have been appropriately charged in federal court.”
Assistant U.S. Attorney Cassie M. Kocher, who is handling the prosecution of Mr. Tindal and others similarly charged in Rochester, stated that on May 30, 2020, Rochester Police Department (RPD) officers were assigned to assist with crowd control during protests scheduled at the Public Safety Building (PSB) on Exchange Boulevard. The protests were in response to the death of George Floyd in Minneapolis, Minnesota. During the late-afternoon/early-evening, the protests turned violent, resulting in vandalism, damaged property, looting, and fires. According to the complaint, at approximately 5:05 p.m., an RPD car was damaged by fire and towed away from the PSB. The car were damaged by fire, and the car was determined to be a total loss. Subsequent investigation, including the review of video footage, including City of Rochester blue light cameras, footage from a law enforcement aerial drone, and Facebook Live videos, revealed that defendant was one of the individuals who intentionally set fire to RFD car. Photographs and video show Tindal, who was wearing distinctive clothing and who had a distinctive forearm tattoo, speaking with Dyshika McFadden, who was previously charged with conspiracy to commit arson and arson. The video shows the two talking and then moving towards the RFD car and lighting it on fire. The two used aerosol can and open flame to set fire. Tindal was arrested on July 31, 2020, on state charges related to the RPD car fire.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Eric Laughton; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team; the Rochester Fire Department, under the direction of Fire Chief Willie Jackson; and the United States Marshal’s Service, under the direction of United States Marshal Charles Salina.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Richmond Restaurant Settles ADA ComplaintRead the Press Release
LEXINGTON, Ky. - Casa Fiesta Mexican Restaurant, in Richmond, Kentucky (“Casa Fiesta”), entered into a settlement agreement with the federal government to resolve a recent complaint alleging violations of the Americans with Disabilities Act (“ADA”), relating to the use of service animals.
The settlement agreement resolves an ADA complaint that was filed by an individual with disabilities, who relies on a service animal and attempted to eat at Casa Fiesta. The complainant alleged that restaurant staff demanded that she provided documentation proving that her dog was a service animal. Staff also attempted to seat her away from other patrons or outside.
As part of the settlement, Casa Fiesta adopted a Service Animal Policy, trained its staff members on the ADA’s requirements for service animals, and posted signage permitting service animals.
Under federal law, private entities that own or operate places of “public accommodation,” including restaurants, are required to modify their policies, practices, or procedures to permit the use of a service animal by an individual with a disability. Under the ADA, service animals are defined as animals that are individually trained to do work or perform tasks for people with disabilities. The ADA requires restaurants and other places of public accommodation to permit individuals with disabilities to be accompanied by their service animals in all areas where members of the public, customers, patrons, or invitees are allowed to go. The law also prohibits inquiries into the details of a person’s disability, in connection with their use of a service animal, and forbids demands for documentation relating to certification, training, or licensure of the service animal.
“Under the ADA, individuals with disabilities are legally entitled to proper accommodations in public areas,” said Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky. “It is critically important that we protect these rights and ensure proper public access to everyone. We appreciate the assistance of Casa Fiesta in quickly resolving this matter, and in undertaking steps to ensure proper access at their restaurant.”
This matter was handled by Assistant U.S. Attorney Carrie Pond with coordination with the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.
For additional information on the ADA or to file an online complaint, visit the ADA’s website at www.ada.gov. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
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Registered Sex Offender Held on Child Pornography ChargesRead the Press Release
PROVIDENCE – Vincent J. Siravo, 40, of Westerly, a registered sex offender convicted in Rhode Island state court in 2008 for possessing child pornography, has been ordered detained in federal custody following his arrest on Tuesday while he allegedly exchanged child pornography online by accessing a South Kingstown restaurant’s customer Internet account.
According to court documents, between January 2017 and October 2017, members of the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force identified a device using an IP address assigned to a South Kingstown restaurant that accessed a file sharing network and that possessed files of child pornography. On October 18, 2017, a court-authorized search of the business was conducted by members of the ICAC. A search of the business’s electronic devices was conducted, and no contraband was located.
On October 16, 2019, a member of the ICAC Task Force received notification that a device on a peer-to-peer file sharing network was accessing the Internet connection assigned to the South Kinsgstown restaurant. A State Police Detective responded to the restaurant and allegedly discovered Siravo sitting in his car, parked in a handicap parking spot, with a laptop on his lap. Siravo was allegedly uncooperative and provided a false name to law enforcement. His true identity was confirmed through his vehicle registration, and law enforcement also determined that he was a Level 1 sex offender.
A court-authorized search of Siravo’s computer revealed a large quantity of child pornography. A full forensic review of the computer revealed approximately 2,200 video files and approximately 1,600 images depicting child pornography. Among the child pornography files allegedly discovered on Siravo’s computer were files identified as having been downloaded by someone using the restaurant IP address on March 21 through March 22, 2017.
Siravo appeared Tuesday before U.S. District Court Magistrate Judge Lincoln D. Almond, charged by way of a federal criminal complaint with possession of child pornography and distribution of child pornography, announced United States Attorney Aaron L. Weisman, Superintendent of the Rhode Island State Police Colonel James M. Manni, and Homeland Security Investigations Acting Special Agent in Charge Michael S. Shea.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Possession of child pornography is punishable by 10-20 years in federal prison, lifetime supervise release, and a fine of $250,000. Distribution of child pornography is punishable by 15-40 years imprisonment, lifetime supervised release, and a fine of $250,000.
The case is being prosecuted by Assistant U.S. Attorney Lee. H. Vilker.
The Rhode Island ICAC Task Force is comprised of members of the Rhode Island State Police Computer Crimes Unit along with detectives from the Warwick Police Department, Cranston Police Department, Newport Police Department, East Providence Police Department, Pawtucket Police Department, Bristol Police Department, North Kingstown Police Department, Woonsocket Police Department, and agents from Homeland Security Investigations.
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Real Estate Developer Admits to Bribing City Council MemberRead the Press Release
A Dallas real estate developer has pleaded guilty to bribery of a Dallas City Council Member, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Devin Hall, 44, pleaded guilty Thursday afternoon to conspiracy to commit bribery of an agent of local government receiving federal benefits.
“We have repeatedly pledged to tackle public corruption from every angle – prosecuting bribe payers, recipients, and facilitators,” said U.S. Attorney Nealy Cox. “In this case, yet again, we saw a real estate developer who purchased political influence, and a city council member who chose to line her pockets at the expense of taxpayers. The citizens of Dallas deserve to know that their elected leaders have only the city’s best interests at heart, and that money doesn’t interfere with government proceedings. With our partners at the FBI, we will relentlessly pursue these investigations until this sort of corruption is eradicated from City Hall.”
“Taxpayers and businesses expect the contract and development process to be fair and unbiased,” said FBI Dallas Special Agent in Charge Matthew DeSarno. “Public corruption is a top priority for the FBI. We will continue to work with our partners and the public to identify individuals and organizations who use bribes to influence government officials, and we will hold them accountable for their crimes.”
In plea papers unsealed today, Mr. Hall admitted that between 2013 and 2015, he paid “Council Member A” – who represented Dallas City Council District 7 and served as the Chair of the City of Dallas’ Housing Committee – at least $8,000 to use her political influence to further his real estate projects.
In return, the Council Member voted to allocate $650,000 in City of Dallas forgivable loans toward Mr. Hall’s Grand Park Place apartment project. She later moved to extend the project’s completion date by two years, and urged her colleagues to do the same. The Dallas City Council approved both requests.
Mr. Hall admitted he paid Council Member A in $750 to $1,000 installments, either directly in cash or via payments funneled through an intermediary. He also promised her a consulting job following her term-limited tenure on the City Council.
Both individuals knew the agreement was illegal, Mr. Hall admitted in his plea papers.
The City Council Member, now deceased, was not charged in conjunction with the above scheme, though she did plead guilty to engaging in a bribery scheme with another real estate developer before her death.
Mr. Hall now faces a statutory maximum of up to five years in federal prison. A sentencing date has not yet been set.
The Federal Bureau of Investigation’s Dallas Field Office and IRS-Criminal Investigations conducted the investigation. Assistant U.S. Attorneys Marcus Busch and Andrew Wirmani are prosecuting the case.
Reading, PA Man Charged with Attempted Murder of FBI AgentsRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Rafael Vega-Rodriguez, 38, of Reading, PA was charged by Indictment with three counts of attempted murder of a federal law enforcement officer, three counts of assault on a federal officer with a deadly weapon, and related firearms charges stemming from an incident earlier this year when he allegedly opened fire on three FBI Special Agents.
On March 1, 2020, FBI Special Agents were conducting surveillance in the area of Gordon Street in Reading, PA, looking for the defendant, who was the subject of an active state arrest warrant for a parole violation. At approximately 11:45 p.m., the agents saw the defendant walking in the area of West Greenwich Street with a second individual. When the agents attempted to stop him, Vega-Rodriguez drew a handgun from under his sweatshirt and shot in their direction, continuing to shoot as he and the second individual fled from the scene.
After an intense man-hunt, investigators discovered that Vega-Rodriguez had fled to Leola, PA, approximately 30 miles southwest of Reading. He was arrested there by FBI Special Agents and Pennsylvania State Police Troopers in the early morning hours of March 3, 2020.
“Shooting at FBI Agents is one of the absolute worst – and dumbest – things that an individual can do,” said U.S. Attorney McSwain. “Such alleged behavior is guaranteed to bring the full force of the federal government crashing down on your head. This case has my full attention and we will not rest until justice is served.”
“Anyone who tries to kill an FBI Agent, knowing the ramifications that would bring, is dangerous, desperate, and an extreme threat to public safety,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “That’s someone who needs to be taken off the street immediately, and we’ll bring all available resources to bear to do just that. As alleged, Rafael Vega-Rodriguez was determined not to be apprehended and had no compunction about opening fire on our agents. We’re now equally determined to see him brought to justice.”
If convicted the defendant faces a maximum possible sentence of 140 years imprisonment.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Mary A. Futcher.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Rapid City Man Charged in Multiple RobberiesRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with five counts of Interference with Commerce by Robbery, also known as the Hobbs Act.
Michael Daker, age 58, was charged on July 23, 2020. Daker appeared before U.S. Magistrate Judge Daneta Wollmann on August 3, 2020, and pleaded not guilty to the charges. The maximum penalty upon conviction of each count is 20 years in federal prison and/or a $250,000 fine, 3 years supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Daker forcibly robbing convenience stores in Rapid City and Spearfish, and a motel and casino in Rapid City. The charges are merely an accusation and Daker 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.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Rapid City Police Department, and the Spearfish Police Department. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Daker was detained pending trial. A trial date has not been set.
Raleigh Man Receives 22 Years for Drug Distribution and Threatening a Federal OfficerRead the Press Release
RALEIGH, N.C. – A Raleigh man was sentenced today to 264 months in prison for possession with intent to distribute crack cocaine and threatening a federal officer.
According to court documents, Khalil Jordan, 24, was observed engaging in hand-to-hand drug sales within 1,000 feet of Carver Park in Raleigh, North Carolina. Officers attempted to search Jordan’s person but he was uncooperative. Jordan told officers that he would kick them and make a scene so that the neighbors could attack the officers. While being led to the patrol vehicle, Jordan tried to break free. As a result, three Raleigh Police Department (RPD) officers were needed to place Jordan in the patrol vehicle and two officers rode in the back of the vehicle with him to prevent further resistive conduct. A strip search at the police station revealed Jordan had 3.6 grams of cocaine base in individually wrapped packages concealed between his buttocks.
At the police station, RPD officers, including a task force officer with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), were completing Jordan’s arrest paperwork when Jordan, unprovoked, stated to an RPD officer and ATF Task Force Officer, “If I ever see you again I will shoot you in the face.” Jordan then stated that he was a great shot and would shoot every officer in the room. Jordan further stated that the “next cop who jumps out on me better have their little pistol ready because I am going to kill them.” Jordan spat on an officer while being placed into a holding cell. Jordan told the officer taking his fingerprints that he would “smoke” her, meaning kill her, if he saw her on the streets.
This case is also 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 United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Raleigh Police Department investigated the case and Assistant U.S. Attorney Tom Crosby prosecuted the case.
A copy of this press release is located on our website. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-cr-00318-D.
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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.
Raleigh Gang Member Sentenced to 20 Years for Racketeering ConspiracyRead the Press Release
RALEIGH, N.C. – A Charlotte man was sentenced today to 240 months in prison for Conspiracy to Participate in a Pattern of Racketeering (RICO conspiracy).
On July 22, 2019, Demetrius Deshaun Toney, 28, pled guilty to RICO conspiracy. According to court documents and evidence presented during the trial of the co-defendants, Toney, was a member of the Black Mob Gangstas (BMG) organization led by Demetrice R. Devine, which later became the Donald Gee Family (DGF). Devine also led the Gangsta Killer Bloods (GKB). The BMG/DGF are sets of the “Bloods” gang whose members committed various crimes in the city of Raleigh and especially in the area of Haywood Street. BMG/DGF members committed acts of violence to maintain membership and discipline, both within the gang and against non-gang members. Members committed acts of violence, including murder, attempted murder, and assaults, in order to maintain their positions within the gang and to be promoted within the leadership structure of the gang.
BMG/DGF, including its leadership, members and associates, constituted an “enterprise” as defined by Title 18, United States Code, Section 1961(4), that is, a group of individuals’ associated-in-fact. The enterprise constituted an ongoing organization, whose members functioned as a continuing unit for a common purpose of achieving the objectives of the enterprise. The enterprise was engaged in, and its activities affected, interstate and foreign commerce. The purpose of the BMG/DGF enterprise included the following:
a. Preserving and protecting the power, territory, reputation, respect, and profits of the enterprise through the use of intimidation, violence, threats of violence, assaults, murder and attempted murder;
b. Promoting and enhancing the enterprise and its members’ and associates’ activities, including, but not limited to, murders, attempted murders, robberies, drug distribution and other criminal activities;
c. Keeping the community and rivals in fear of the enterprise and its members and associates through violence and threats of violence;
d. Providing financial support and information to gang members, including those incarcerated in the United States;
e. Providing assistance to other gang members who committed crimes for and on behalf of the gang; and,
f. Hindering, obstructing, and preventing law enforcement officers from identifying, apprehending, and successfully prosecuting and punishing members of the enterprise.
BMG/DGF also held gang meetings to communicate gang information, to recruit members, issue punishment and collect gang dues from each BMG/DGF member for the benefit of the BMG/DGF organization. A portion of the dues were saved and utilized locally in what was referred to as a “community rent box” (CRB) while another portion was sent up the chain of command to gang leadership in Virginia and New York. BMG/DGF members were permitted to earn their money for dues through various methods, including, but not limited to, robberies, fraud schemes, and drug distribution. The monies were used locally for loans to gang members, for drug purchases, for firearm purchases, for gifts, and cellular telephones for high-ranking members who were in jail. Devine ordered that individuals selling narcotics in and around Haywood Street who were not BMG/DGF members were also required to pay gang dues in order to continue their drug sales in territory controlled by BMG/DGF. Individuals who did not pay gang dues risked being robbed, assaulted, or murdered.
Toney along with other gang members conspired to shoot an 18-year-old rival gang member, Rodriguez Burrell, because Burrell refused to pay money to BMG/DGF. Burrell was shot multiple times in the presence of his father and died of his wounds.
In his leadership position, Devine directed members of his gang to shoot a 16-year-old rival gang member, Adarius Fowler, who died from gunshot wounds. He also ordered a gang member to shoot a person who provided information to law enforcement regarding the murder of Fowler. While this person was recovering from those gunshot injuries in the hospital, Devine ordered that the person be killed. Devine presided over a “beat-in” gang initiation of a BMG/DGF gang member and personally assaulted another gang member whose loyalty he questioned. Devine conspired with other gang members to silence and threaten gang members that had been provided subpoenas to testify in a federal proceeding.
Toney also sold drugs on behalf of BMG/ DGF. Toney’s sentencing was the final sentencing of a BMG/DGF gang member in a lengthy investigation as a part of an Organized Crime and Drug Enforcement Task Force Operation (OCDETF) targeting violent gang members and drug traffickers in Raleigh, North Carolina.
BMG/DGF’s leader, Demetrice Devine, also known as “Respect,” was convicted by a jury of RICO conspiracy, murder in aid of racketeering, murder with a firearm during and in relation to a crime of violence, conspiracy to distribute controlled substances, and conspiracy to commit witness tampering. Devine was sentenced on May 22, 2020 to four consecutive life sentences, followed by 240 months imprisonment. Brandon Mangum, also known as “B Easy,” a high-ranking gang member, was convicted by a jury of RICO conspiracy, murder in aid of racketeering, murder with a firearm during and in relation to a crime of violence, and conspiracy to distribute controlled substances. Mangum was sentenced on June 22, 2020 to three consecutive life sentences followed by 240 months imprisonment. Jamario Keon Jones, also known as “Spect Junior” and “Skeeno,” was sentenced on February 6, 2020 to 132 months imprisonment for murder with a firearm during and in relation to a crime of violence. Cleveland McNair, also known as “Blee,” was sentenced on May 8, 2018 to 60 months imprisonment for RICO conspiracy and conspiracy to distribute controlled substances. Christopher Darnell Evans, also known as “Racks” and “Snacks,” was sentenced on December 13, 2017 to 120 months imprisonment for RICO conspiracy and conspiracy to distribute controlled substances. Brenda Joyce Brown, also known as “Lady Banga,” was sentenced on January 16, 2018 to 42 months imprisonment for violent crime in aid of racketeering. Katherine Victoria Gast, also known as “Kat Stacks,” was sentenced on June 1, 2018 to 60 months imprisonment for violent crime in aid of racketeering. Finally, Shaiona Marie Smith, also known as “Slyfox,” was sentenced on January 19, 2018 to 78 months imprisonment for violent crime in aid of racketeering.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Federal Bureau of Investigation and the Raleigh Police Department led the investigation with assistance from the North Carolina Department of Public Safety, Wake County Sheriff’s Office, Raleigh/ Wake City-County Bureau of Identification, United States Marshal’s Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the North Carolina Office of the Chief Medical Examiner. Assistant United States Attorneys Dena King and Scott Lemmon prosecuted this case with Christina Taylor with the U.S. Department of Justice Criminal Division’s Organized Crime and Gang Section.
A copy of this press release is located on our website. Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:16-cr-00012-D.
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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.
Project Safe Neighborhoods: Charleston Man Pleads Guilty to Federal Firearm OffenseRead the Press Release
CHARLESTON, W.Va. – A Charleston man has pled guilty to a federal firearm offense, announced United States Attorney Mike Stuart. Frankie D. McNeal, 25, pled guilty to being a felon in possession of a firearm.
McNeal admitted that on October 14, 2019, he went to The Empty Glass bar in Charleston with a Glock 19 9mm pistol. Investigation into the incident revealed that while at the bar, McNeal got into an altercation with a female patron. He then went outside and discharged a round from the Glock pistol through the windshield of the female’s car. Surveillance video, DNA evidence and ballistics linked McNeal and the firearm. Police responding to the incident located McNeal in a nearby alley and recovered the Glock pistol from a dumpster next to where McNeal was standing. McNeal was prohibited from possessing a firearm as a result of his September 2012 conviction of first degree robbery in Kanawha County Circuit Court.
McNeal faces up to 10 years in prison when sentenced on December 2, 2020.
The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Assistant United States Attorney Kristin F. Scott is handling the prosecution. United States District Judge Irene C. Berger presided over the hearing.
This case was prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00099.
Follow us on Twitter: SDWVNews and USAttyStuart
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Project Guardian: Wood County Man Sentenced on Federal Gun ChargeRead the Press Release
CHARLESTON, W.Va. – A Wood County man was sentenced to 103 months in federal prison for being a felon in possession of a firearm, according to United States Attorney Mike Stuart. Jeromee Todd Donaway, 31, of Parkersburg, also will serve three years on supervised release.
Donaway pled guilty in March 2020 and admitted that he possessed firearms on two occasions while on parole after being convicted in Wood County Circuit Court in September 2017 of possession with intent to deliver a controlled substance. On February 25, 2019, the Parkersburg Police Department responded to a residence on Broadway Avenue to investigate a complaint that Donaway had been seen waving a firearm while screaming at someone. The responding officers detained Donaway and located a loaded Cobra .380 caliber pistol in Donaway’s backpack. At the time of the arrest, Donaway was on bond for a previous incident that occurred on December 22, 2018 when the Vienna Police Department seized two pistols from him during a traffic stop on Grand Central Avenue. A backpack in the vehicle contained quantities of suspected methamphetamine and heroin. Donaway has three prior convictions of possession with intent to deliver a controlled substance, as well as convictions for carrying a dangerous weapon and attempting to disarm a police officer.
The Parkersburg Police Department and the Vienna Police Department conducted the investigation. Assistant United States Attorney Joshua Hanks handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
The case was 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 the case with support from the Project Guardian partners noted above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-00268.
Follow us on Twitter: SDWVNews and USAttyStuart
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Portland Tax Preparer Charged with $3 Million Tax FraudRead the Press Release
PORTLAND, Ore.—U.S. Attorney Billy J. Williams announced today that a Portland woman has been charged with preparing more than 1,000 false and fraudulent federal income tax returns requesting over $3 million in fraudulent refunds.
A federal grand jury has returned a 25-count indictment charging Elizabeth Munoz, 36, a resident of southeast Portland, with filing false tax returns on behalf of herself and her clients.
“Falsifying tax returns to get fraudulent refunds harms every American because it takes revenue from federal programs that benefit the public,” said U.S. Attorney Williams. “Every taxpayer must file accurate returns with the IRS and pay all taxes required by law. Those who fail to do so will face significant consequences, including criminal prosecution, prison, and monetary penalties.”
“Unscrupulous return preparers create unforeseen hardships for their clients that include unexpected tax debt along with penalties and interest,” said IRS-Criminal Investigation (IRS-CI) Special Agent in Charge Justin Campbell. “IRS-CI devotes considerable resources to ensuring all return preparers follow the law and act in good faith on behalf of their clients.”
According to court documents, from 2015 through 2018, Munoz operated a tax return preparation business that promised her clients the “biggest refund guaranteed.” Munoz allegedly prepared 1,196 false tax returns for 629 clients. She manipulated various entries on their returns to falsely claim tax credits for which her clients were not eligible.
Munoz will make her first appearance in federal court on August 27, 2020. If convicted, she faces a maximum sentence of three years in federal prison, three years supervised release, and $6.2 million in fines.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
This case is being investigated by IRS-CI and prosecuted by Seth D. Uram, Assistant U.S. Attorney for the District of Oregon.
Pittsburgh Man Sentenced for Role in South Side Drug Trafficking ActivityRead the Press Release
PITTSBURGH, PA - A former resident of Pittsburgh, Pennsylvania, was sentenced in federal court to 41 months in prison and three years of supervised release on his conviction of conspiracy to possess with intent to distribute heroin and fentanyl, United States Attorney Scott W. Brady announced today.
United States District Judge William S. Stickman, IV imposed sentence on Laffayette Fuller, 21.
According to information presented to the Court, in 2017, the Greater Pittsburgh Safe Streets Task Force initiated an investigation primarily targeting the Darccide/Smash 44, or DS44, neighborhood gang, and drug-trafficking activity in and around the South Side area of Pittsburgh. As part of this large-scale narcotics and firearms investigation, in February of 2019, the United States received authorization to conduct a federal wire investigation, which continued through June of 2019.
Intercepted communications revealed that Mr. Fuller was involved in the distribution of heroin and fentanyl, serving as a runner for co-conspirator Christopher Highsmith, facilitating drug transactions for Highsmith, and carrying a firearm in connection with his drug trafficking activities. The Court was further informed that as a condition of his guilty plea on March 2, 2020, the defendant accepted responsibility for distribution of 39 grams of fentanyl and heroin in the Pittsburgh area.
Assistant United States Attorneys Christy C. Wiegand and Brendan McKenna prosecuted this case on behalf of the government.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Bureau of Alcohol Tobacco Firearms and Explosives, Allegheny County Adult Probation, Allegheny County Police Department, Allegheny County Sheriff’s Office, Pennsylvania Attorney General’s Office Bureau of Narcotics, Pittsburgh Bureau of Police, and the Wilkinsburg Police Department. Other assisting agencies include the Green Tree Police Department, New York City Police Department, Mount Oliver Police Department, Pennsylvania State Police, Yonkers Police Department, United States Marshals Fugitive Task Force, and the United States Postal Inspection Service.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Pharmaceutical Representative Admits Role in Health Care Fraud Conspiracy Targeting State Health Benefits ProgramsRead the Press Release
CAMDEN, N.J. – A pharmaceutical representative today admitted his role in a conspiracy to defraud New Jersey state health benefits programs, U.S. Attorney Craig Carpenito announced.
Dan Irvine, 50, of Oceanport, New Jersey, pleaded guilty by video conference before U.S. District Judge Robert B. Kugler to an information charging him with conspiracy to commit health care fraud.
According to documents filed in this case and statements made in court:
Compounded medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Although compounded drugs are not approved by the Food and Drug Administration (FDA), they are properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient, such as if a patient is allergic to a dye or other ingredient.
Between October 2015 and March 2016, Irvine participated in a conspiracy that targeted insurance plans that paid thousands of dollars for certain prescription compound medications – including vitamins and pain creams – from an out-of-state pharmacy, identified in the information as “Compounding Pharmacy.” The conspirators found patients with these insurance plans, particularly New Jersey state and local government and education employees. An entity referred to as the “Pharmacy Benefits Administrator” provided pharmacy benefit management services for the State Health Benefits Program, which covers qualified state and local government employees, retirees, and eligible dependents; the School Employees’ Health Benefits Program, which covers qualified local education employees, retirees, and eligible dependents; and other insurance plans. The Pharmacy Benefits Administrator paid prescription drug claims and then billed the State of New Jersey or the other insurance plans for the amounts paid.
Irvine obtained insurance information from individuals with favorable insurance coverage and filled out prescriptions for compounded medications. Irvine selected medications based on their high insurance reimbursements and selected the maximum quantities and refills to generate the highest insurance reimbursements. Irvine then had doctors sign the prescriptions without the doctors examining the individuals or determining that the individuals had a medical necessity for the compounded medications. Irvine faxed the completed, signed prescriptions to the Compounding Pharmacy. Irvine had an agreement to receive as a commission a portion of the amount paid by the Pharmacy Benefits Administrator for prescriptions he obtained. He received $63,017 in commissions.
Irvine faces a maximum penalty of 10 years in prison and a $250,000 fine, or twice the gain or loss from the offense. As part of his plea agreement, Irvine must forfeit $63,017 in criminal proceeds and pay restitution of at least $208,989. Sentencing is scheduled for Dec. 16, 2020.
U.S. Attorney Carpenito credited agents of the FBI’s Atlantic City Resident Agency, under the direction of Acting Special Agent in Charge Joe Denahan in Newark; IRS – Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark; and the U.S. Department of Labor, Office of Inspector General, New York Region, under the direction of Special Agent in Charge Michael C. Mikulka, with the investigation leading to the guilty plea. He also thanked the Division of Pensions and Financial Transactions in the State Attorney General’s Office, under the direction of Attorney General Gurbir S. Grewal and Division Chief Aimee Nason, for its assistance in the investigation.
The government is represented by Assistant U.S. Attorneys R. David Walk Jr. and Christina O. Hud of the U.S. Attorney’s Office in Camden.
Pennsylvania man charged with robbing Elm Grove bankRead the Press Release
WHEELING, WEST VIRGINIA – Frank L. Morrison, of Braddock Hills, Pennsylvania, was indicted this week on a bank robbery charge, U.S. Attorney Bill Powell announced.
Morrison, 54, was indicted on one count of “Bank Robbery.” Morrison is accused of robbing the United Bank in the Elm Grove section of Wheeling on September 4, 2018. Morrison is accused of taking $4,221 from the bank.
Morrison faces up to 20 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Robert H. McWilliams, Jr. is prosecuting the case on behalf of the government. The Federal Bureau of Investigation investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Passaic County Man Admits Participating in Fentanyl ConspiracyRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey, man today admitted conspiring to distribute fentanyl and distributing a quantity of fentanyl, U.S. Attorney Craig Carpenito announced.
Keith Brinkley, a/k/a “K Murder,” 30, of Paterson, New Jersey, pleaded guilty by videoconference before U.S. District Judge Brian R. Martinotti to an indictment charging him with conspiracy to distribute and possess with the intent to distribute fentanyl and knowingly and intentionally distributing fentanyl.
According to documents filed in this case and statements made in court:
The defendant and his conspirators are members and associates of the 230 Boys street gang, which operates primarily around Rosa Parks Boulevard and Godwin Avenue in Paterson. Through investigative techniques, including numerous controlled purchases of narcotics, consensually recorded telephone calls and text messages, physical surveillance, and the analysis of telephone call detail records, law enforcement determined that from at least September 2018 through Oct. 1, 2019, the defendant and his conspirators conspired to distribute narcotics, including heroin and fentanyl.
Each of the charges to which Brinkley pleaded guilty carries a maximum penalty of 20 years in prison and a fine of $1 million. Sentencing is scheduled for Dec. 7, 2020.
This case is being conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
U.S. Attorney Carpenito credited special agents and task force officers with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Division, under the direction of Special Agent in Charge Charlie J. Patterson; special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson in Newark; officers of the N.J. State Police, under the direction of Col. Patrick J. Callahan; officers of the Paterson Police Department, under the direction of Director Jerry Speziale and Police Chief Ibrahim Baycora; detectives of the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia Valdes; and the Passaic County Sheriff’s Office, under the direction of Sheriff Richard H. Berdnik, with the investigation leading to the charges. He also thanked the U.S. Marshals Service, the Bergen County Sheriff's Office and the Belleville and Livingston police departments for their assistance with the case.
The government is represented by Assistant U.S. Attorney Francesca Liquori, of the Organized Crime and Gangs Unit.
Orange City Man Who “Sextorted” Multiple Minors Sentenced to 60 YearsRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Justin Richard Testani (30, Orange City) to 60 years in federal prison for child sexual exploitation. Testani had pleaded guilty on February 6, 2020.
According to court documents and evidence presented during the sentencing hearing, for more than a year, Testani contacted multiple young girls (usually between the ages of 10 and 13) through Instagram and Snapchat. Testani frequently posed as a young, teenage girl who modeled for a prominent teen lingerie brand. Using that disguise, Testani convinced numerous victims to send him revealing photographs of themselves. After the victims sent such photographs, Testani often threatened to disseminate the photos or publicly humiliate the victims. At other times, Testani threatened to kidnap, rape, and/or kill the victims and their family members. He issued these threats to coerce victims into creating and sending him more images and videos of themselves engaged in sexually explicit conduct.
Testani also used threats to coerce certain victims into giving him the passwords to their social media accounts. After gaining those passwords, Testani often took over the accounts and used those platforms to contact and exploit the victims’ friends. The investigation revealed that Testani reached out to hundreds of young girls across the United States between December 2017 and January 2019.
"This case is a prime example of how a child can be victimized even in the safety of their own home," said Michael McPherson, Special Agent in Charge of the FBI Tampa Division. "Parents, please talk to your children about the dangers of the internet and social media and make it clear to them they are not to blame if they fall victim to a predator. The FBI, along with our law enforcement partners are dedicated to ensuring children are protected from online predators. The 60-year sentence in this case is proof of that commitment."
This case was investigated by the Federal Bureau of Investigation, the Sanford Police Department, and the Trussville (Alabama) Police Department. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.
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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to 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.
Operation Legend Expanded to St. Louis to Confront Violent CrimeRead the Press Release
Jeff Jensen, United States Attorney for the Eastern District of Missouri, joined the Department of Justice in officially announcing the expansion of Operation Legend to St. Louis. Operation Legend, a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime, will be expanding into the City of St. Louis.
“The most basic responsibility of government is to protect the safety of our citizens,” said Attorney General William P. Barr. “Today, we have extended Operation Legend to Memphis and St. Louis, two cities experiencing increases in violent crime that no resident of those cities should have to accept as part of everyday life. For decades, the Department of Justice has achieved significant success when utilizing our anti-violent crime task forces and federal law enforcement agents to enforce federal law and assist American cities that are experiencing upticks in violent crime. The Department of Justice’s assets will supplement local law enforcement efforts, as we work together to take the shooters and chronic violent criminals off of our streets.”
“Operation Legend has come to St. Louis,” said U.S. Attorney Jeff Jensen. “Today we expand our ever-present federal commitment to the City of St. Louis by welcoming federal agents and money to our City for the purpose of fighting gun and gang violence. This expansion will greatly enhance on-going crime fighting by our Organized Crime Drug Enforcement Task Force, the Joint ATF-St. Louis Metropolitan Strike Force, and the United States Marshals Service Fugitive Task Force. Our children are being caught in the crossfire and murdered in senseless acts of gun violence. I am very grateful to work with our federal, state and local law enforcement partnerships in a dedicated effort to achieve safety and security for our community. I want to thank Chief John Hayden as well as the various federal and state agencies that make this initiative possible.”
Operation Legend is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early on the morning of June 29 in Kansas City. The operation was first launched on July 8 in Kansas City, Missouri, and is now underway in Chicago, Albuquerque, Cleveland, Detroit, and Milwaukee. Today, the expansion of Operation Legend was announced in St. Louis and Memphis.
In the City of St. Louis, the Department of Justice will supplement state and local law enforcement agencies by sending more than 50 federal investigators from the Department of Homeland Security to the City. Under the leadership of U.S. Attorney Jeff Jensen, these investigators will complement the work already underway by existing joint federal, state and local task forces focused on combatting violent gangs, gun crime, and drug trafficking organizations.
St. Louis is currently experiencing a significant increase in violent crime, with homicides up over 34% and non-fatal shootings are up over 13%. These resources will be utilized to address the spike in violent crime.
During a press conference to announce the expansion of Operation Legend, FBI Special Agent in Charge Richard Quinn announced that as part of the initiative, a reward of up to $25,000 would be made available for information leading to the identification and arrest of the individual or individuals responsible for the homicides of Kayden E. Johnson, two years of age at the time, and his mother Trina’ty A. Riley, 18, inside their home on April 30, 2019.
“I just need closure. My family needs peace. We just want justice. If you know anything, please contact the detectives,” said Taiesha Campbell, mother of Trina’ty and grandmother of Kayden, in connection with today’s announcement.
The Bureau of Justice Assistance will make available $1 million to support Operation Legend’s violent crime reduction efforts and shot spotter responses in St. Louis. The City is also receiving two Special Assistant United States Attorneys from the Missouri Attorney General’s Office to support violent crime prosecutions.
Operation Legend Expanded to Memphis and St. LouisRead the Press Release
Today, the expansion of Operation Legend was announced in Memphis and St. Louis. Operation Legend is a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. The Operation was first launched on July 8 in Kansas City, MO., and expanded on July 22, 2020, to Chicago and Albuquerque, and to Cleveland, Detroit, and Milwaukee on July 29, 2020.
Operation Legend is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.
“The most basic responsibility of government is to protect the safety of our citizens,” said Attorney General William P. Barr. “Today, we have extended Operation Legend to Memphis and St. Louis, two cities experiencing increases in violent crime that no resident of those cities should have to accept as part of everyday life. For decades, the Department of Justice has achieved significant success when utilizing our anti-violent crime task forces and federal law enforcement agents to enforce federal law and assist American cities that are experiencing upticks in violent crime. The Department of Justice’s assets will supplement local law enforcement efforts, as we work together to take the shooters and chronic violent criminals off of our streets.”
As part of Operation Legend, Attorney General Barr directed the ATF, FBI, DEA, and U.S. Marshals Service to significantly increase resources into Memphis and St. Louis in the coming weeks to help state and local officials fight high levels of violent crime, particularly gun violence.
Memphis is currently experiencing a significant increase in violent crime, with homicides currently up more than 49 percent, reported gun crime up 23 percent, and aggravated assault shootings up over 19 percent over 2019. Similarly, homicides are up in St. Louis nearly 34 percent and non-fatal shootings are up over 13 percent.
In Memphis, the Department of Justice will supplement state and local law enforcement agencies by sending 16 federal investigators to the city on temporary assignment for 90 days, followed by 24 permanent agent assignments from the FBI, DEA, ATF, and Homeland Security Investigations. Under the leadership of Michael Dunavant, U.S. Attorney for the Western District of Tennessee, these investigators will complement the work already underway by existing joint federal, state and local task forces focused on combatting violent gangs, gun crime, and drug trafficking organizations.
The Bureau of Justice Assistance will make available $200,000 to support Operation Legend’s violent crime reduction efforts in Memphis in addition to the prior BJA grant funding award of $1.4 million to Shelby County to provide manpower, technology, equipment, and support for the sustained efforts Legend Task Force, including overtime funding for the Multi-Agency Gang Unit (MGU) and partner agency officers; a prosecutor for the Shelby County District Attorney General’s Office to handle operation arrests vertically through the state criminal justice system to ensure that arrests are followed by strategic prosecution; vehicles for MGU operations; and technological solutions to enhance investigation and prosecution of violent offenders.
The COPS Office has also made approximately $9.8 million available to the Memphis Police Department to fund the hiring of 50 officers.
The Department has also provided assistance to Memphis through the Joint Law Enforcement Operations (JLEO) fund to assist reimbursement of local law enforcement serving as federal task force officers with FBI, ATF, DEA, and the U.S. Marshals Service. The city will receive $100,000 from ATF to help local agencies defray costs associated with installing or maintaining shot detection technology.
In St. Louis, under the leadership of Jeffrey Jensen, U.S. Attorney for the Eastern District of Missouri, federal agents from ATF, DEA, FBI, and USMS, along with approximately 50 additional agents from Department of Homeland Security, will work cooperatively with the St. Louis Police Department to combat gun and gang violence, as well as assist the U.S. Marshals Service in violent fugitive apprehension efforts.
The Bureau of Justice Assistance will make available $1 million to support local law enforcement in shot spotter responses and violent crime investigations in St. Louis. With Department of Justice funding, the city is also receiving two Special Assistant U.S. Attorneys from the Missouri Attorney General’s Office to support violent crime prosecutions.
Ontario Man Charged with Bulk Cash SmugglingRead the Press Release
PLATTSBURGH, NEW YORK – Jade Martin, age 25, of Cornwall Island, Ontario, Canada, made his initial appearance today in federal court in Plattsburgh, on charges that he knowingly concealed $256,910 in United States currency in his car, with the intent to evade currency reporting requirements, and attempted to transport that currency from the United States into Canada.
The announcement was made by United States Attorney Grant C. Jaquith; Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and Robert Dwyer, Massena Port Director, United States Customs and Border Protection (CBP).
A complaint alleges that on August 4, 2020, Martin concealed $256,910 in two boxes, and drove with these boxes to the Massena, New York, Port of Entry, where he attempted to transport them into Canada. The complaint further alleges that CBP Officers discovered the cash during an outbound inspection, after Martin denied traveling with more than $10,000 in currency. Federal law requires a person to report the transportation of currency over $10,000 upon exiting the United States. The charges in the complaint are merely accusations, and Martin is presumed innocent unless and until proven guilty.
The felony charges against Martin carry a maximum penalty of 5 years in prison and a term of supervised release of up to 3 years. If convicted, Martin may also be ordered to forfeit to the United States any property involved in the offense.
This case is being investigated by HSI and CBP, and is being prosecuted by Assistant U.S. Attorney Shira C. Hoffman.
North Carolina Man Pleads Guilty to Violating Fair Housing Act and Threatening a Family Because of Their RaceRead the Press Release
RALEIGH, N.C. – The Justice Department announced that Douglas Matthew Gurkins, 34, pleaded guilty today in federal court in the Eastern District of North Carolina to one count of criminal interference with the Fair Housing Act, for using threats of force against an African American family because of the family members’ race and because they were renting a dwelling.
According to the defendant’s plea agreement, and admissions in court, the defendant, in December 2014, drove to the home of an African American family and yelled racial slurs at the family. The defendant told the family that they did not belong in their home. The defendant then threatened to shoot the family, to include four minor children, and any other African American that came onto the property. After making this threat, the defendant brandished a metal rod in a threatening manner. The family moved out of the neighborhood a few days after this incident. Within the next four years, the defendant engaged in similar criminal conduct toward two other African American families living in the same neighborhood.
“The defendant is being held accountable for threatening an African-American family because they were occupying a house,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division of the Department of Justice will continue to investigate and prosecute those individuals who interfere with federally protected housing rights because of race, color, religion, sex, handicap, familial status or national origin.”
“This defendant threatened citizens of this District - a mom and her four children - because of their race. This is not who we are as Americans and prejudice of any kind is intolerable,” said U.S. Attorney Robert J. Higdon Jr. for the Eastern District of North Carolina. “The defendant’s threats violate the laws designed to ensure fair and equal treatment for us all and I am pleased we could bring this matter to federal court to vindicate those rights and to stand with this mom and her children to see that justice is served.”
“Investigating civil rights violations is some of the most important work that we do,” said John Strong, Special Agent in Charge of the FBI in North Carolina. “No individual should live in fear because of someone’s intolerance and hatred. Mr. Gurkins’ actions to threaten the lives of African American families, essentially making them afraid inside their own homes is deplorable. Today's plea is the first step towards justice for these families."
The defendant faces a sentence of up to 10 years in prison and a maximum fine of $250,000.
The case was investigated by the FBI’s Charlotte Division, Greenville Resident Agency. Assistant U.S. Attorney Erin Blondel of the U.S. Attorney’s Office, Eastern District of North Carolina, and Trial Attorneys Shan Patel and Laura Gilson of the Civil Rights Division, Criminal Section, are prosecuting the case.
A copy of this press release is located on our website. Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 2:20-cr-00031-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.
North Carolina Man Pleads Guilty to Violating Fair Housing Act and Threatening a Family Because of Their RaceRead the Press Release
The Justice Department announced today that Douglas Matthew Gurkins, 34, pleaded guilty today in federal court in the Eastern District of North Carolina to one count of criminal interference with the Fair Housing Act, for using threats of force against an African American family because of the family members’ race and because they were renting a dwelling.
According to the defendant’s plea agreement, and admissions in court, the defendant, in December 2014, drove to the home of an African American family and yelled racial slurs at the family. The defendant told the family that they did not belong in their home. The defendant then threatened to shoot the family, to include four minor children, and any other African American that came onto the property. After making this threat, the defendant brandished a metal rod in a threatening manner. The family moved out of the neighborhood a few days after this incident. Within the next four years, the defendant engaged in similar criminal conduct toward two other African American families living in the same neighborhood.
“The defendant is being held accountable for threatening an African-American family because they were occupying a house,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division of the Department of Justice will continue to investigate and prosecute those individuals who interfere with federally protected housing rights because of race, color, religion, sex, handicap, familial status or national origin.”
“This defendant threatened citizens of this District - a mom and her four children - because of their race. This is not who we are as Americans and prejudice of any kind is intolerable,” said U.S. Attorney Robert J. Higdon Jr. for the Eastern District of North Carolina. “The defendant’s threats violate the laws designed to ensure fair and equal treatment for us all and I am pleased we could bring this matter to federal court to vindicate those rights and to stand with this mom and her children to see that justice is served.”
“Investigating civil rights violations is some of the most important work that we do,” said John Strong, Special Agent in Charge of the FBI in North Carolina. “No individual should live in fear because of someone’s intolerance and hatred. Mr. Gurkins’ actions to threaten the lives of African American families, essentially making them afraid inside their own homes is deplorable. Today's plea is the first step towards justice for these families."
The defendant faces a sentence of up to 10 years in prison and a maximum fine of $250,000.
The case was investigated by the FBI’s Charlotte Division, Greenville Resident Agency. Assistant U.S. Attorney Erin Blondel of the U.S. Attorney’s Office, Eastern District of North Carolina, and Trial Attorneys Shan Patel and Laura Gilson of the Civil Rights Division, Criminal Section, are prosecuting the case.
Nine charged in $24 million COVID-relief fraud schemeRead the Press Release
The owner of a Florida talent management company, two Northeast Ohio men, and six others have been charged via criminal complaint in federal court for their alleged participation in a scheme to file fraudulent loan applications seeking more than $24 million in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Five of these complaints were unsealed today.
U.S. Attorney Justin Herdman for the Northern District of Ohio, Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, Special Agent in Charge (SAC) Eric B. Smith of the FBI’s Cleveland Field Office, SAC Bryant Jackson of the IRS Criminal Investigation Division’s (IRS-CI) Cincinnati Field Office, and Inspector General Hannibal “Mike” Ware of the SBA Office of Inspector General (OIG) made the announcement.
Six defendants were charged in this scheme in federal criminal complaints filed in the Northern District of Ohio in July:
- Phillip J. Augustin, 51, of Coral Springs, Florida, was charged on July 28, 2020 with wire fraud, bank fraud, conspiracy to commit wire fraud and bank fraud, and obstruction of justice.
- Wyleia Nashon Williams, 44, of Ft. Lauderdale, Florida, was charged on July 28, 2020 with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud.
- James R. Stote, 54, of Hollywood, Florida, and Ross Charno, 46, of Ft. Lauderdale, Florida, were charged on June 24, 2020 with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud.
- Deon D. Levy, 50, of Bedford, Ohio, and Abdul-Azeem Levy, 22, of Cleveland, Ohio, were charged on June 8, 2020 with wire fraud and conspiracy to commit wire fraud.
Three more defendants were recently charged with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud by federal criminal complaints filed in the Southern District of Florida on August 3, 2020. Those defendants are Damion O. McKenzie, 38, of Miami Gardens, Florida; Andre M. Clark, 46, of Miramar, Florida; and Keyaira Bostic, 31, of Pembroke Pines, Florida.
“As many of our family, friends and neighbors suffered adverse economic consequences from our nation’s response to a global pandemic, these defendants were allegedly looking for ways to profit off of our collective troubles and fears,” said U.S. Attorney Justin Herdman, “The Justice Department will continue to work long hours with our federal, state, and local partners to find and prosecute those who may have defrauded the public of funds meant to help the American economy recover from this once-in-a-century catastrophe.”
“The defendants are alleged to have coordinated a scheme to fraudulently obtain millions of dollars in PPP loans and to receive kickbacks for filing fraudulent loan applications for others,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “The Department and our law enforcement partners are aggressively pursuing individuals who scheme to steal PPP funds intended for legitimate small businesses suffering the economic hardships of the COVID-19 pandemic.”
“While the entire world was focused on dealing with a pandemic, it is alleged that these individuals were selfishly focused on exploiting programs designed to help people survive financially during the shutdown,” said FBI SAC Eric B. Smith. “Rest assured, as our country continues to move forward, law enforcement will identify those that have financially benefited from providing fictitious information to COVID-19 assistance programs. Law enforcement will ensure these ill-gotten gains are returned so that honest, hardworking employers and employees can continue to receive the assistance they need.”
“Criminals seize on every opportunity to exploit bad situations, and this pandemic is no exception,” said Bryant Jackson, SAC, IRS-CI, Cincinnati Field Office. “The Paycheck Protection Program under the CARES Act was designed to help Americans struggling with financial hardship and IRS Criminal Investigation along with our federal law enforcement partners will be aggressive in investigating anyone who allegedly defrauds this critical program.”
The complaints unsealed today allege that the defendants conspired to obtain millions of dollars in fraudulent PPP loans. Early on in the scheme, Augustin is alleged to have obtained a fraudulent PPP loan for his company, Clear Vision Music Group LLC, using falsified documents. After submitting that application, Augustin recruited Williams to assist in a scheme with other co-conspirators to submit numerous fraudulent PPP loan applications for confederate loan applicants, in order to receive kickbacks for obtaining said loans.
Following the success of Clear Vision’s PPP application, Augustin and Williams immediately began working to obtain additional and larger PPP loans for Augustin’s associates, generally for several hundred thousand dollars for each loan and up to as much as approximately $1.24 million, according to the complaint. The applications submitted for these loans relied on fake payroll numbers, falsified IRS forms, phony bank statements, and counterfeit checks. According to the complaint, Williams allegedly facilitated the loan applications, while Augustin continued to recruit more applicants and pressured them to send their kickbacks once funds were received.
Augustin is alleged to have recruited numerous confederate PPP loan applicants using his network of business contacts from his work as a manager for professional athletes. Augustin monitored the progress of applications and of the kickback wires he was expecting. McKenzie, Clark, and Bostic are alleged to have sought PPP loans for their own companies and to have recruited other confederate PPP loan applicants in exchange for a share of the loan proceeds.
The complaint alleges that the scheme involved the preparation of at least 90 fraudulent loan applications, most of which were submitted. The defendants are alleged to have conspired to obtain PPP loans collectively worth more than $24 million dollars. Many of those applications were approved and funded by financial institutions, paying out at least $17.4 million.
The scheme allegedly included at least two loans to entities in northeast Ohio worth approximately $875,000.
According to the complaint, investigators identified more than $2.3 million in kickback wire transfers from entities that obtained sizable PPP loans or their owners. Augustin received more than $900,000 in kickback wires in a six-week period.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be entirely forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses a certain amount of the PPP loan proceeds on payroll expenses.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The Northern District of Ohio cases are being prosecuted by Assistant U.S. Attorney Elliot Morrison and Trial Attorney Philip Trout of the Criminal Division’s Fraud Section.
These cases were investigated by the FBI’s Cleveland Field Office, IRS-CI Cincinnati Field Office, FBI Miami Field Office, IRS-CI Miami Field Office, the SBA-OIG, and the Federal Deposit Insurance Corporation Office of Inspector General. The U.S. Attorney’s Office for the Northern District would like to acknowledge and thank the U.S. Attorney’s Office for the Southern District of Florida for assistance with this matter.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
- Phillip J. Augustin, 51, of Coral Springs, Florida, was charged on July 28, 2020 with wire fraud, bank fraud, conspiracy to commit wire fraud and bank fraud, and obstruction of justice.
Nine Charged with $24 Million COVID-Relief Fraud SchemeRead the Press Release
The owner of a Florida talent management company and four others were charged in complaints unsealed yesterday for their alleged participation in a scheme to file fraudulent loan applications seeking more than $24 million in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
The five charged defendants allegedly involved in this scheme whose complaints were unsealed yesterday are the following:
- Damion O. Mckenzie, 38, of Miami Gardens, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Andre M. Clark, 46, of Miramar, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Keyaira Bostic, 31, of Pembroke Pines, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Phillip J. Augustin, 51, of Coral Springs, Florida, was charged in a federal criminal complaint filed on July 28, 2020, in the Northern District of Ohio with wire fraud, bank fraud, conspiracy to commit wire fraud and bank fraud, and obstruction;
- Wyleia Nashon Williams, 44, of Ft. Lauderdale, Florida, was charged in a federal criminal complaint filed on July 28, 2020, in the Northern District of Ohio with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud.
The four defendants allegedly involved in this scheme who were previously charged are the following:
- James R. Stote, 54, of Hollywood, Florida, was charged in a federal criminal complaint filed on June 24, 2020, in the Northern District of Ohio with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Ross Charno, 46, of Ft. Lauderdale, Florida, was charged in a federal criminal complaint filed on June 24, 2020, in the Northern District of Ohio with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
- Deon D. Levy, 50, of Bedford, Ohio, was charged in a federal complaint filed on June 8, 2020, in the Northern District of Ohio with wire fraud and conspiracy to commit wire fraud and
- Abdul-Azeem Levy, 22, of Cleveland, Ohio was charged in a federal complaint filed on June 8, 2020, in the Northern District of Ohio with wire fraud and conspiracy to commit wire fraud.
Mckenzie, Clark, and Bostic appeared yesterday before U.S. Magistrate Judge Patrick M. Hunt of the Southern District of Florida.
“The defendants allegedly participated in an extensive nationwide scheme to file at least 90 fraudulent applications for millions of dollars in PPP loans in exchange for illegal kickbacks of portions of the loan proceeds,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “These allegations reflect an organized effort by defendants to defraud the SBA’s PPP program on a large scale by stealing funds intended for legitimate small businesses suffering from economic hardships caused by the COVID-19 pandemic. The department and our law enforcement partners will continue to aggressively pursue those who would seek to illegally exploit the ongoing national emergency for their own benefit.”
“As many of our family, friends and neighbors suffered adverse economic consequences from our nation’s response to a global pandemic, these defendants were allegedly looking for ways to profit off of our collective troubles and fears,” said U.S. Attorney Justin Herdman for the Northern District of Ohio. “The Justice Department will continue to work long hours with our federal, state, and local partners to finding and prosecuting those who may have defrauded the public of funds meant to help the American economy recover from this once-in-a-century catastrophe.”
“The United States made funds available to small business owners through the Paycheck Protection Program to ensure that our communities’ local businesses and their employees financially survive this pandemic,” said U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida. “Those who defraud the program with no regard for the effect that their actions of greed will have on the small business owners and employees who legitimately need the money will be vigorously prosecuted by my office.”
“During these difficult times, while hardworking American citizens are facing a pandemic and struggling to take care of their families, crimes like these literally rob the coffers of critically needed relief funds,” said Special Agent in Charge Michael J. De Palma of the IRS Criminal Investigation (CI) Miami Field Office. “We will continue to tirelessly pursue the culprits behind these heinous schemes and bring them to justice. Any fraud of COVID-19 financial relief programs will never be tolerated.”
“As stewards of the taxpayers' funds, the FBI and our law enforcement partners are steadfast in our efforts to ensure fraud of appropriated monies provided by the CARES Act is detected, investigated, and prosecuted,” said Assistant Director Calvin Shivers of the FBI Criminal Investigative Division.
“The reprehensible alleged actions of the defendants sought personal gain at the expense of taxpayers,” said Inspector General Hannibal “Mike” Ware of the SBA Office of Inspector General (OIG). “OIG will aggressively pursue fraud in the PPP and other SBA programs aimed at assisting the nation’s small businesses during the pandemic. I want to thank the Department of Justice and our law enforcement partners for their pursuit of justice.”
The complaints allege that Augustin, Stote, Charno, Williams, Mckenzie, Clark, and Bostic conspired with others to obtain millions of dollars in fraudulent PPP loans. Early in the scheme, Augustin allegedly obtained a fraudulent PPP loan for his company, Clear Vision Music Group LLC, using falsified documents. After submitting that application, Augustin and Williams allegedly then began to work with other co-conspirators on a scheme to submit numerous fraudulent PPP loan applications for confederate loan applicants, in order to receive kickbacks for obtaining the forgivable loans for them.
Augustin is alleged to have recruited numerous confederate PPP loan applicants using his network of business contacts from his work as a manager for professional football players, and to have monitored the progress of applications, and of the kickback wires he was expecting. Mckenzie, Clark, and Bostic are alleged to have sought PPP loans for their own companies and to have recruited other confederate PPP loan applicants in exchange for a share of the loan proceeds. Williams also allegedly assisted in the scheme, including by obtaining falsified documents to include in PPP applications and coordinating communications among participants in the scheme to facilitate the fraudulent PPP applications.
The complaints allege that scheme involved the preparation of at least 90 fraudulent applications, most of which were submitted. Augustin, Williams, Mckenzie, Clark, Bostic, and other conspirators in the scheme are alleged to have applied for PPP loans that are together worth more than $24 million dollars. Many of those loan applications were approved and funded by financial institutions, paying out at least $17.4 million.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be entirely forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses a certain amount of the PPP loan proceeds on payroll expenses.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the IRS-CI Cincinnati and Miami Field Offices, the FBI’s Cleveland and Miami Field Offices, and the SBA-OIG. Trial Attorney Philip Trout of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Elliot Morrison for the Northern District of Ohio and David Turken for the Southern District of Florida are prosecuting the cases. The Justice Department also acknowledges and thanks the Federal Deposit Insurance Corporation Office of Inspector General for its assistance investigating this matter.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
- Damion O. Mckenzie, 38, of Miami Gardens, Florida, was charged in a federal criminal complaint filed on Aug. 3, 2020, in the Southern District of Florida with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud;
New Orleans Man Pleads Guilty to Conspiring to Stage Automobile Accidents in Order to Defraud Insurance and Trucking CompaniesRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Peter G. Strasser announced that DAMIAN LABEAUD (“LABEAUD”), age 48, of New Orleans, entered a plea of guilty today to Conspiracy to Commit Wire Fraud, in violation of Title 18, United States Code, Section 371, arising out of staged automobile accidents with tractor-trailers occurring in New Orleans.
According to today’s guilty plea, LABEAUD, along with his co-conspirators and others, beginning at a time unknown and continuing through the present, conspired to commit wire fraud in connection with staged accidents, including two that occurred on June 6, 2017, and June 12, 2017. Previously, on January, 30, 2020 and May 28, 2020, six of LABEAUD’s codefendants (Mario Solomon, Larry Williams, Lucinda Thomas, Mary Wade, Judy Williams, and Dashontae Young) all tendered guilty pleas and admitted to their knowing participation in a scheme to stage automobile accidents in the New Orleans area in an effort to defraud insurance and trucking companies.
Today, LABEAUD admitted to acting as the driver, or “slammer,” in both the June 6 and the June 12 staged automobile accidents alleged in the Superseding Indictment. As the “slammer,” LABEAUD intentionally caused the collisions with the 18-wheeler tractor-trailers. After the accidents, LABEAUD immediately exited the vehicles in which he had staged the accidents and fled the scene with the help of a codefendant who was acting as a “spotter,” or driver of a getaway car. LABEAUD’s codefendants received a total of $43,000.00 as a result of the fraudulent lawsuits that were filed on their behalf for the June 6 and June 12 accidents.
According to today’s guilty plea, LABEAUD staged numerous accidents for various attorneys, including at least 40 staged accidents with 18-wheeler tractor-trailers for Attorney A. Per their agreement, after each staged accident, LABEAUD would connect the passengers in the staged accidents with Attorney A so that Attorney A could represent them in conjunction with the accident. Attorney A would then pay LABEAUD $1,000.00 for every passenger that was involved in a staged accident with an 18-wheeler tractor-trailer. Attorney A would either pay LABEAUD an advance, or would pay him for the accidents soon after they were staged. Attorney A knew that LABEAUD was staging the accidents and the two would often discuss the accidents either in person or over the phone, through calls or text messages.
LABEAUD faces a maximum sentence of five (5) years. Upon release from prison, LABEAUD also faces a term of supervised release up to (3) three years, and/or a fine of $250,000 or the greater of twice the gross gain to each defendant or twice the gross loss to any person under Title 18, United States Code, Section 371. Sentencing in this matter is scheduled for November 19, 2020, at 2:00 p.m., before U.S. District Judge Eldon Fallon.
The U.S. Attorney’s Office would also like to acknowledge the assistance of the Federal Bureau of Investigation, Louisiana State Police, and the Metropolitan Crime Commission with this matter. The prosecution of this case is being handled by Assistant U.S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit; Assistant U.S. Attorney Shirin Hakimzadeh; Assistant U.S. Attorney Edward Rivera; and Assistant U.S. Attorney Maria Carboni.
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New Jersey Man Admits Trafficking and Unlawfully Possessing FirearmsRead the Press Release
CAMDEN, N.J. – An Atlantic County, New Jersey, man with five prior felony convictions today admitted illegally selling multiple firearms, U.S. Attorney Craig Carpenito announced.
Brandon Groce, 36, of Newtonville, New Jersey, pleaded guilty by videoconference before U.S. District Judge Robert B. Kugler to an information charging him with one count of illegally engaging in the business of dealing in firearms and one count of possession of a firearm by a convicted felon.
According to documents filed in this case and statements made in court:
On six different dates between February 2019 and September 2019, Groce met with an individual at a parking lot in Paulsboro, New Jersey, for the purpose of selling firearms. During each meeting, Groce sold at least one firearm and ammunition for cash. Groce lacked a license to sell firearms. At the time of the sales, Groce had previously been convicted in New Jersey Superior Court of five felonies, including a firearms offense, resisting arrest, and three controlled substances offenses.
The count of being a felon in possession of a firearm carries a maximum potential penalty of up to 10 years in prison. The charge of engaging in the business of dealing firearms, while not being a federally licensed importer, licensed manufacturer, or licensed dealer carries a maximum potential penalty of up to five years in prison. Each count carries a maximum fine of $250,000. Sentencing is scheduled for Dec. 16, 2020.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local and tribal authorities in investigating and prosecuting gun crimes; improves information sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
U.S. Attorney Carpenito credited special agents of the Newark Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the leadership of Special Agent in Charge Charlie J. Patterson, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jeffrey Bender of the U.S. Attorney’s Office Criminal Division in Camden.
Neopit Man Receives Prison Sentence for Child Sexual Abuse on Menominee Indian ReservationRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that an individual received a 30-month sentence following a conviction for child sexual abuse on the Menominee Indian Reservation. The man, Robert Kapishkowit (age: 26), formerly lived in Neopit, which is a community on the Menominee Indian Reservation.
The sentence, imposed on August 6, 2020, by Senior United States District Judge William C. Griesbach, was the result of a guilty plea entered by the defendant on January 22, 2020. Kapishkowit pleaded guilty to Sexual Abuse of a Minor in violation of Title 18, United States Code, Sections 2243(a) and 1153(a). In addition to the prison sentence, Judge Griesbach imposed 60 months of Supervised Release.
The investigation revealed that on June 11, 2018, the defendant caused a minor female to engage in a sex act while at a residence in Neopit on the Menominee Indian Reservation. Kapishkowit later admitted he engaged in the sex act with the female, who was between 12 and 16 years of age.
In sentencing the defendant, Judge Griesbach noted the seriousness of the crime the defendant committed. Judge Griesbach also remarked upon the need to deter those would might consider similar actions.
The Menominee Tribal Police Department and Federal Bureau of Investigation investigated the case, which Assistant United States Attorney Andrew J. Maier prosecutedThe year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Montgomery Man Sentenced to 70 Months in Prison for Being a Felon in Possession of a FirearmRead the Press Release
Montgomery, Alabama – On Tuesday, August 4, 2020, Johnathan Earl Chappell, a 31-year-old from Montgomery, Alabama, was sentenced to 70 months in prison after pleading guilty to a federal firearms charge, announced United States Attorney Louis V. Franklin, Sr. Chappell was also ordered to serve three years of supervised release after he completes his prison sentence. There is no parole in the federal system.
According to court records, on October 4, 2017, deputies from the Montgomery County Sheriff’s Office encountered Chappell and two others standing beside a vehicle on the side of the road. After approaching the vehicle to ask if assistance was needed, the deputies detected a strong smell of marijuana coming from the vehicle. When they searched the vehicle, they found three handguns and discovered that Chappell and one of his companions had outstanding warrants for their arrest. Chappell admitted to law enforcement that one of the firearms belonged to him although he has a previous felony conviction and is prohibited from possessing a firearm. Unknown to the deputies at the time of their encounter, the Montgomery Police Department had developed Chappell and his two acquaintances as suspects in a robbery that occurred the day before. State charges are pending for Chappell.
On September 11, 2019, Chappell was indicted by a federal grand jury for being a felon in possession of a firearm. He pleaded guilty to the firearms charge on January 27, 2020.
The Montgomery County Sheriff’s Office, the Montgomery Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case. Assistant United States Attorney Thomas Govan prosecuted the case.
Mexican National Pleads Guilty and Is Sentenced for Illegal Re-EntryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter Strasser announced today that ELPIDIO JAIMES-LOPEZ, age 41, pled guilty and was sentenced on July 30, 2020 by U.S. District Judge Martin L.C. Feldman to credit for time served on a one-count indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a). The Mexican national had been in custody since January 15, 2020. The hearing was conducted by video conference because of the COVID-19 situation. He faces deportation once again.
According to the indictment, JAIMES-LOPEZ (“JAIMES”) reentered the United States after he was previously deported on November 28, 2019. JAIMES-LOPEZ faced a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U.S. Attorney Strasser praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U. S. Attorney Carter K. D. Guice, Jr. is in charge of the prosecution.
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