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Tuesday 4 August 2020
California Man Sentenced for Cocaine Trafficking and Money LaunderingRead the Press Release
ALEXANDRIA, Va. – A California man was sentenced today to 10 years in prison for trafficking kilograms of cocaine and laundering narcotics proceeds and payments.
According to court documents, between November 2016 and June 2018, Eberardo Medina, 38, shipped approximately 15 kilograms of cocaine from California to New York for redistribution. A codefendant in New York would then traffic the cocaine to the Virginia region using a courier. The cocaine would often be picked up by a local reseller at Union Station, in Washington, D.C., who would redistribute the narcotics in the area, including in the Eastern District of Virginia.
Medina also utilized numerous individuals to launder narcotics proceeds and payments. Medina instructed individuals in California to either create bank accounts or use their existing accounts in order to launder money. Medina would provide the bank account information of those California-based accounts to his codefendant in New York. The codefendant in New York would then pay workers to deposit certain amounts of money into the California-based bank accounts in a classic structuring scheme meant to evade law enforcement. Once in California, the proceeds would be withdrawn and handed to Medina for a fee. During the conspiracy, Medina laundered at least $780,000 related to narcotics distribution.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. 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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Mark Herring, Attorney General of Virginia; Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington; Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) Washington Field Division; Gary Hartman, Deputy Director of Washington/Baltimore HIDTA, Northern Virginia Financial Initiative; and M. Jay Farr, Arlington County Chief of Police, made the announcement after sentencing by Senior U.S. District Judge Liam O’Grady. Special Assistant U.S. Attorney Karolina Klyuchnikova prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-51.
California Man Pleads Guilty to Possession with Intent to Distribute FentanylRead the Press Release
LAS VEGAS, Nev. — Rigoberto Calderon-Molina, 40, of Earlimart, California, pleaded guilty Monday to possession with the intent to distribute nearly 2.9 pounds Fentanyl, a deadly synthetic opioid, announced United States Attorney Nicholas A. Trutanich for the District of Nevada and Assistant Special Agent in Charge Daniel Neill of the Drug Enforcement Administration (DEA).
Calderon-Molina was indicted by a federal grand jury in May 2018. A sentencing hearing has been scheduled before U.S. District Judge Jennifer Dorsey on November 16, 2020.
According to court documents, on April 25, 2018, Calderon-Molina met an individual in a North Las Vegas parking lot to sell 1.3 kilograms (nearly 2.9 pounds) of Fentanyl, which is a Schedule II controlled substance. Law enforcement arrested Calderon-Molina and seized approximately 13,000 Fentanyl pills.
Fentanyl is a synthetic opioid drug that is approximately 80-100 times more potent than morphine, and is commonly added to heroin to increase its potency. Fentanyl poses a high risk of death not only to users, but also to law enforcement since the drug may be ingested, inhaled, or absorbed through the skin. A few milligrams, which is equivalent to a few grains of table salt, may be deadly. Users may believe that they are purchasing heroin without knowing that they are actually purchasing Fentanyl – which often results in overdose deaths.
Calderon-Molina faces a maximum statutory penalty of 20 years in prison and a $1,000,000 fine. The sentencing of a defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
This case was the product of an investigation by the DEA.
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Boston Man Sentenced for Firearm PossessionRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for being a felon in possession of a firearm and ammunition.
Christian Teixeira, 34, pleaded guilty to one count of being a felon in possession of a firearm and ammunition and was then sentenced by U.S. District Court Judge Allison D. Burroughs to 43 months in prison and three years of supervised release.
On May 2, 2019, while in Fall River, Teixeira was found in possession of a KAHR PM9, 9mm semi-automatic handgun, and 26 rounds of 9mm ammunition. Teixeira has a prior felony conviction that prohibits him from possessing firearms or ammunition.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Bristol County District Attorney Thomas M. Quinn; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Fall River Police Chief Jeffrey Cardoza made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit prosecuted the case.
This prosecution 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.
Birmingham Man Indicted for Fraud on Fallen Huntsville Police Officer’s Memorial FundRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury returned an indictment last week charging a Birmingham man with fraud on customers of the U.S. Postal Service, and fraud on the memorial fund set up to provide aid to the family of a fallen Huntsville Police officer, announced U.S. Attorney Prim F. Escalona, U.S. Postal Inspector In Charge, Houston Division, Adrian Gonzalez, and FBI Special Agent in Charge Johnnie Sharp, Jr.
A four-count indictment filed in U.S. District Court charges DEVONTE LEMOND HAMMONDS, 27, with one count of access device fraud and three counts of wire fraud. In December 2019, Hammonds devised a scheme to fraudulently obtain money from the Billy Clardy Memorial Fund. Billy Clardy was a Huntsville Police officer killed in the line of duty last year. After Officer Clardy’s death, a memorial fund was established to collect contributions and provide aid to his family members. According to the indictment, Hammonds used the identity of another person to open a bank account and transfer funds from the Billy Clardy Memorial Fund bank account to the fictitious account for his own use. Hammonds also devised a scheme to defraud customers of the U.S. Postal Service. According to the indictment, Hammonds used the U.S. Postal Service website to reroute mail from numerous U.S. Postal Service customers to addresses in Birmingham that he could access, used the rerouted mail to obtain personal identifying information of those customers, and used that information to pay bills, make purchases, and open new accounts.
The maximum punishment for access device fraud is ten years in prison and a $250,000 fine. The maximum punishment for wire fraud affecting a financial institution is thirty years in prison and a $250,000 fine.
The FBI and USPIS investigated the case, which Assistant U.S. Attorneys J.B. Ward and Michael Pillsbury are prosecuting.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Belmont County, Ohio man sentenced for heroin chargeRead the Press Release
WHEELING, WEST VIRGINIA – Nathan Parker, of Martins Ferry, Ohio, was sentenced today to 15 months incarceration for a heroin distribution charge, U.S. Attorney Bill Powell announced.
Parker, also known as “Zay,” age 39, pled guilty to one count of “Distribution of Heroin within 1,000 feet of a Protected Location” in July 2020. Parker admitted to selling heroin near St. Michael Parish School in July 2019 in Ohio County.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Ohio Valley Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.
Armed Bank Robber Sentenced to 7 YearsRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Stanley Griffin, 27, Madison, Wisconsin, pleaded guilty and was sentenced today by U.S. District Judge William M. Conley to seven years in federal prison for committing an armed robbery of a Madison bank. His sentence will be followed by a three-year term of supervised release.
On July 9, 2019, at approximately 10:00 a.m., a US Bank branch at 6401 Cottage Grove Road, Madison, was robbed. The victims reported the robber pointed a black handgun at a teller. The robbery was captured on video and the robber did not disguise his face. Still photographs from the robbery video were shared with the public.
On August 3, 2019, a citizen witness called the Madison Police Department (MPD) and reported that Griffin had stolen the car that he had just sold to her. She further told police that he told her he robbed the US Bank. The witness said Griffin owned the same sweatshirt that was worn by the robber, and she provided other details not made known to the public. When police arrested Griffin on outstanding out-of-state warrants, he was in possession of a pair of shoes identical to those worn by the robber, as depicted in the bank’s video.
Further, when MPD issued an alert to law enforcement agencies, Griffin's probation agent from Illinois contacted MPD and identified Griffin as the robber. The probation agent said he met with Griffin approximately 3-4 times per week for three years, and he was positive it was Griffin. He also said Griffin owned a sweatshirt like the one worn by the robber.
Judge Conley rejected Griffin’s request for a five-year sentence because of the severity of the crime, and Griffin’s extensive criminal history.
The charge against Griffin was the result of an investigation conducted by the Madison Police Department and the Federal Bureau of Investigation. The prosecution of the case has been handled by Assistant U.S. Attorney Rita M. Rumbelow.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.
Arizona Man Sentenced to 15 Years in Federal Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
Memphis, TN – Isaac Taylor, of Tempe, Arizona, 62, has been sentenced to 188 months in federal prison for conspiracy to distribute more than 50 grams of methamphetamine. U.S. Attorney Michael Dunavant announced the sentence today.
According to the information presented in court, during an investigation, the Drug Enforcement Administration (DEA) obtained a court-ordered wiretap on a phone used by a local drug dealer, John Wright. Based on the wiretap surveillance, investigators learned the source of Wright's supply for methamphetamine was the defendant, Isaac Taylor, a resident of Arizona. Agents intercepted several calls between Wright and Taylor discussing methamphetamine sales.
After reviewing the evidence, the government determined Taylor was responsible for supplying Wright with approximately three pounds of methamphetamine. Undercover agents also purchased approximately ten ounces of methamphetamine from Wright. According to lab testing, the methamphetamine from Wright was found to be 100% in purity.
On August 3, 2020, U.S. District Court Judge Mark S. Norris sentenced Wright to 188 months in federal prison followed by 3 years supervised release. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said, "Methamphetamine that is trafficked into and throughout West Tennessee is increasing in dangerous purity, and continues to destroy individuals, families, and communities. This out-of-state drug dealer sent multiple pounds of pure poison into Memphis, thinking that he was untouchable. He was wrong, and this sentence shows that we have the ability and resolve to catch and punish anyone who victimizes our citizens with dangerous addictive substances."
The Drug Enforcement Administration (DEA), Tennessee Bureau of Investigation and the Memphis Police Department investigated this case.
This case was part of the Organized Crime Drug Enforcement Task Force Program (OCDETF), which seeks to investigate and prosecute large-scale drug trafficking and violence involving multiple districts across the United States.
Assistant U.S. Attorney Mark Erskine prosecuted this case on behalf of the government.
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American Darknet Vendor and Costa Rican Pharmacist Charged with Narcotics and Money Laundering ViolationsRead the Press Release
A dual U.S.-Costa Rican citizen and a Costa Rican citizen, both of whom reside in Costa Rica, were indicted by a federal grand jury in the District of Columbia for their illegal sales of opioids on the darknet.
The seven-count indictment charged David Brian Pate, 44, a U.S. and Costa Rican citizen, and Jose Luis Fung Hou, 38, a Costa Rican citizen, with counts of conspiring with persons to distribute controlled substances, distribution of controlled substances, conspiring with persons to import controlled substances, conspiring to launder money, and laundering of monetary instruments.
“As alleged in the indictment, the defendants helped fuel our deadly opioid drug epidemic by hiding behind the darknet and cryptocurrency to profit from the sale of illicit opioids into the United States,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “Fortunately, by working with our law enforcement partners across the United States and overseas, we were able to uncover this darknet opioid market and bring to justice those responsible.”
“These charges are a warning to drug traffickers worldwide that neither the shroud of the darknet or of virtual currency can hide their illegal activities from the vigilance of U.S. law enforcement,” said Acting U.S. Attorney Michael Sherwin for the District of Columbia. “We are firmly committed to combatting the problem of opioid abuse and breaking through sophisticated cyber-enabled barriers employed by criminals to hide their activities.”
“The opioid epidemic is a crisis crippling many families in this country,” said Special Agent in Charge Kelly R. Jackson of the IRS Criminal Investigation (CI) Washington D.C. Field Office. “This international group profited off of people’s addictions, revictimizing them when they were already vulnerable. This group purposely distributed opioids that did not contain a safety additive and prevented inhalation of the drug. Years ago when drug dealers and traffickers moved to the darknet and started using virtual currency to conceal and expand their network, CI also moved our playing field to the darknet to bring groups like this to justice.”
“Today’s case is a great example of how the DEA has infiltrated the darknet and, together with our law enforcement partners, proven that every criminal attempting to sell these deadly drugs is within the reach of the law,” said Special Agent in Charge Jesse R. Fong of the U.S. Drug Enforcement Administration’s (DEA) Washington Field Division.
The indictment alleges that Pate illegally purchased narcotics, including OxyContin and morphine pills, primarily from Fung, a pharmacist in Costa Rica. Pate would launder payments to Fung to purchase narcotics. Pate then sold these narcotics on numerous darknet markets, including Silk Road and AlphaBay, in exchange for bitcoin. Pate utilized various online monikers including “buyersclub” on darknet markets, online forums, and bitcoin exchanges. Pate advertised that he was selling the “old formula” of OxyContin, which did not contain tamper-resistant features such as a crush-proof feature that prevented a user from inhaling or injecting the pills after pulverizing them.
The indictment further alleges that Pate’s darknet sales involved him sending bulk shipments of narcotics in pill form from Costa Rica, often concealed in tourist souvenirs such as maracas, to co-conspirator re-shippers in the United States. Pate would then send the re-shippers a list of customer orders, which included customer’s names, the customer’s shipping address, and the quantity of pills they purchased. The re-shippers created smaller packages of pills, which they then mailed to the customer. Once the shipments were received by the customer, the darknet market would release funds in bitcoin, which were held in escrow until the transaction was completed, into Pate’s account on the darknet market. Customers paid Pate over 23,903 bitcoin for these darknet market sales. The co-conspirators also laundered payments in the form of bitcoin and international wire transfers.
The charges in the pleadings are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
IRS-CI Cyber Crimes Unit, DEA, and the U.S. Postal Inspection Service investigated this case. The Justice Department’s Office of International Affairs and Costa Rican authorities provided assistance.
The case is being handled by Trial Attorney C. Alden Pelker of the Criminal Division’s Computer Crime and Intellectual Property Section, Assistant U.S. Attorneys Zia M. Faruqui and Laura Crane of the U.S. Attorney’s Office for the District of Columbia, Paralegal Specialist Brian Rickers and Teesha Tobias, and Legal Assistant Jessica McCormick. Additional assistance has been provided by former Assistant U.S. Attorneys Youli Lee and Kara Traster, and Paralegal Specialist Toni Anne Donato.
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.
American Darknet Vendor and Costa Rican Pharmacist Charged with Narcotics and Money Laundering ViolationsRead the Press Release
WASHINGTON – David Brian Pate, 44, a United States and Costa Rican citizen, and Jose Luis Fung Hou, 38, a Costa Rican citizen, both of whom reside in Costa Rica, were indicted by a federal grand jury in the District of Columbia for their illegal sales of opioids on the darknet. The seven-count indictment charged counts of Conspiring with Persons to Distribute Controlled Substances, Distribution of Controlled Substances, Conspiring with Persons to Import Controlled Substances, Conspiring to Launder Money, and Laundering of Monetary Instruments.
“These charges are a warning to drug traffickers worldwide that neither the shroud of the darknet or of virtual currency can hide their illegal activities from the vigilance of U.S. law enforcement,” said Acting U.S. Attorney Michael Sherwin. “We are firmly committed to combatting the problem of opioid abuse and breaking through sophisticated cyber-enabled barriers employed by criminals to hide their activities.”
“The opioid epidemic is a crisis crippling many families in this country,” said Kelly R. Jackson, IRS-Criminal Investigations (IRS-CI) Special Agent in Charge of the Washington DC Field Office. “This international group profited off of people’s addictions, revictimizing them when they were already vulnerable. This group purposely distributed opioids that did not contain a safety additive and prevented inhalation of the drug. Years ago when drug dealers and traffickers moved to the darknet and started using virtual currency to conceal and expand their network, CI also moved our playing field to the darknet to bring groups like this to justice.”
“Today’s case is a great example of how the DEA has infiltrated the darknet, and together with our law enforcement partners, proven that every criminal attempting to sell these deadly drugs is within the reach of the law” said Jesse R. Fong, Special Agent in Charge of the U.S. Drug Enforcement Administration’s Washington Field Division.
The indictment alleges that Pate illegally purchased narcotics, including OxyContin and morphine pills, primarily from Fung, a pharmacist in Costa Rica. Pate would launder payments to Fung to purchase narcotics. Pate then sold these narcotics on numerous darknet markets, including Silk Road and AlphaBay, in exchange for bitcoin. Pate utilized various online monikers including “buyersclub” on darknet markets, online forums, and bitcoin exchanges. Pate advertised that he was selling the “old formula” of OxyContin, which did not contain tamper-resistant features such as a crush-proof feature that prevented a user from inhaling or injecting the pills after pulverizing them.
The indictment further alleges that Pate’s darknet sales involved him sending bulk shipments of narcotics in pill form from Costa Rica, often concealed in tourist souvenirs such as maracas, to co-conspirator re-shippers in the United States. Pate would then send the re-shippers a list of customer orders, which included customer’s names, the customer’s shipping address, and the quantity of pills they purchased. The re-shippers created smaller packages of pills, which they then mailed to the customer. Once the shipments were received by the customer, the darknet market would release funds in bitcoin, which were held in escrow until the transaction was completed, into Pate’s account on the darknet market. Customers paid Pate over 23,903 bitcoin for these darknet market sales. The co-conspirators also laundered payments in the form of bitcoin and international wire transfers.
The charges in the pleadings are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
IRS-CI Cyber Crimes Unit (Washington, D.C.), DEA (Baltimore, Maryland), and the U.S. Postal Inspection Service investigated this case. Costa Rican authorities provided assistance.
The case is being handled by Assistant U.S. Attorneys Zia M. Faruqui and Laura Crane of the U.S. Attorney’s Office for the District of Columbia, Trial Attorney C. Alden Pelker of the Criminal Division’s Computer Crime and Intellectual Property Section, Paralegal Specialist Brian Rickers and Teesha Tobias, and Legal Assistant Jessica McCormick. Additional assistance has been provided by former Assistant U.S. Attorneys Youli Lee and Kara Traster, and Paralegal Specialist Toni Anne Donato.
Albuquerque organization awarded $500,000 from the Department of Justice for housing to victims of human traffickingRead the Press Release
ALBUQUERQUE, N.M. – The Department of Justice today announced awards totaling over $35 million in grant funding to provide safe, stable housing and appropriate services to victims of human trafficking. Among those receiving awards is First Nations Community HealthSource in Albuquerque, New Mexico, set to receive $500,000.
“One of the most significant issues facing victims of human trafficking is economic security,” said John C. Anderson, United States Attorney for the District of New Mexico. “Without an immediate source of income and a place to live, they need assistance with transitional housing as well as employment assistance to help them reestablish themselves in the long term. These grants support local organizations such as First Nations Community HealthSource in their efforts to provide the services victims need to regain their stability and sense of security.”
The grants will go to 73 organizations to provide 6 to 24 months of transitional or short-term housing assistance for trafficking victims, including rental, utilities or related expenses, such as security deposits and relocation costs. The grants will also provide funding for support needed to help victims locate permanent housing, secure employment and receive occupational training and counseling.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems.
For more information about programs, services and locations for First Nations Community HealthSource, visit their website at fnch.org.
More information about OJP and its components can be found at www.ojp.gov.
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Monday 3 August 2020
Wheeling Man Pleads Guilty to Conspiracy to Produce Child PornographyRead the Press Release
BLUEFIELD, W.Va. – A Wheeling man pled guilty today to conspiring with another person to produce child pornography, announced United States Attorney Mike Stuart. Randall Lee Peggs, 56, pled guilty to conspiracy to produce child pornography.
“These Project Safe Childhood cases are difficult but necessary,” said United States Attorney Mike Stuart. “We work closely with our partners in law enforcement to investigate and prosecute these cases. We will always hold child predators accountable.”
Peggs admitted that he began talking with codefendant Elizabeth Haway, of Princeton, on Facebook in November 2018. Over the course of several months, Peggs and Haway conspired to produce child pornography of a female minor child. The majority of their communications occurred on Facebook Messenger. Peggs encouraged Haway to record and send him nude videos of the female minor child. Ultimately, Haway recorded a video of the female minor child that showed the child nude and sent the video to Peggs via Facebook in February 2019.
Peggs faces a mandatory minimum of 15 years and up to 30 years in prison when sentenced on November 9, 2020. Haway is awaiting trial.
This case was investigated by the Mercer County Sheriff’s Department, the Federal Bureau of Investigation (FBI) and the FBI’s Violent Crimes Against Children Task Force. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Kristin F. Scott is handling the prosecution.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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. 1:19-cr-00304.
Follow us on Twitter: SDWVNews and USAttyStuart
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West Haven Man Charged with Ammunition Possession and Cocaine Distribution OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Kelly D. Brady, Special Agent in Charge, ATF Boston Field Division, today announced that a federal grand jury in New Haven has returned an indictment charging BRIAN MELENDEZ, 31, of West Haven, with one count of possession of a firearm by a convicted felon, and one count of possession with intent to distribute cocaine within 1,000 feet of a school.
The indictment was returned under seal on July 29, and Melendez was arrested on July 31. Following his arrest, Melendez appeared before U.S. Magistrate Judge Robert M. Spector via videoconference. He is detained pending a detention hearing that is scheduled for August 7.
As alleged in the indictment, on January 7, 2020, Melendez possessed .22 caliber ammunition and a distribution quantity of cocaine within 1,000 feet of the Washington Elementary School in West Haven.
It is further alleged that, in 2008, Melendez was convicted in North Carolina of possession of a weapon of mass death and destruction. In 2010, he was convicted in Connecticut of carrying a pistol or revolver with a permit.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
If convicted, Melendez faces a maximum term of imprisonment of 10 years on the firearm charge, and 40 years of imprisonment on the cocaine distribution charge.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the West Haven Police Department. The case is being prosecuted by Assistant U.S. Attorney Patrick J. Doherty.
Washington, Missouri Woman Pleads Guilty to a Far Reaching Scheme Involving Fraud and Money LaunderingRead the Press Release
St. Louis, MO –Christen Diane Schulte, 34, of Washington, MO, pleaded guilty today to wire fraud, bank fraud and money laundering charges related to a scheme to defraud her former employer, several individuals associated with her former employer, the Berger Levee District of Franklin County, and several financial institutions. Schulte appeared in federal court today before United States District Judge Audrey G. Fleissig who accepted the plea and set her sentencing date for November 10, 2020.
According to court documents, Schulte was a former bookkeeper and office manager of a farm and trucking companies based in New Haven, Missouri. Between January 2018 and February 2020, Schulte knowingly and intentionally devised and executed a scheme to defraud, and to obtain moneys from, her former employer and others by means of material false and fraudulent representations in that the she, without the knowledge and authority of her former employer, diverted funds for her own personal use. The total loss from this scheme is approximately $727,000.
As part of her scheme, Schulte fraudulently and without permission used the companies’ credit cards for personal expenditures. Schulte also fraudulently caused American Express and FirstBank to issue her new credit cards in the names of the companies. Schulte fraudulently charged more than 1,800 transactions totaling more than $532,000 on these credit cards.
Schulte also forged the signatures of the owner and several employees of companies, on checks from several different bank accounts, including personal accounts of the employees. Several of these checks were made payable to Schulte, but some of them she made payable to the companies in order to conceal the lost funds related to her credit card scheme.
Other forged checks were drawn from a bank account held by the Berger Levee District of Franklin County, which is a tax-payer funded levee district that is responsible for creating flood control projects in Franklin County, Missouri. Schulte forged the treasurer’s signature of the Berger Levee District on checks that she made payable to the companies in order to conceal the lost funds related to her credit card scheme.
Schulte used the fraudulently obtained funds for her own personal gain, including purchasing jewelry, a travel trailer, vehicles, and vacation travel.
"Christen Schulte exploited the position of trust she occupied at a small, family-owned business," said Special Agent in Charge Richard Quinn of the FBI St. Louis Division. "The FBI will always strive to bring to justice those who lie and steal on the backs of others who work hard to realize the American dream."
Schulte faces a maximum penalty of 20 years in prison and a $250,000 fine on the two wire fraud charges; a maximum penalty of 30 years in prison and a $1,000,000 fine on the two bank fraud charges; and a maximum penalty of 10 years in prison and a fine of not more than the greater of $250,000, or twice the amount laundered, on the money laundering charge. Restitution is also mandatory.
The Federal Bureau of Investigation is investigating this case. Assistant U.S. Attorney Kyle T. Bateman is handling the case for the U.S. Attorney’s Office.
Wake Forest Investment Advisor Pleads Guilty to Wire FraudRead the Press Release
RALEIGH, N.C. – A Wake Forest, NC man pleaded guilty today to wire fraud.
According to court documents, Anthony Wayne March, 49 years old, operated the non-profit 501(c)(3) entity Asset Trader, located in Rolesville, NC, between 2012 to 2015. March represented that Asset Trader offered educational services to professionals and taxpayers in the area of exit planning. Asset Trader’s stated educational mission allowed it to obtain classification as a 28 U.S.C. § 501(c)(3) tax-exempt non-profit organization. Asset Trader used its §501(c)(3) tax-exempt status to solicit tax-deductible donations in exchange for charitable gift annuities (“CGAs”) and to recruit referral sources to obtain assets from potential donors. Through Asset Trader, March and his co-conspirators engaged in and executed what is commonly known as a “Ponzi” scheme to defraud investors by inducing them to invest with Asset Trader.
During the course of the scheme, March solicited at least 22 victims to invest over $8,100,000 in charitable gift annuities and other products offered by Asset Trader. March and Asset Trader sold these securities to victims as retirement or exit planning vehicles classified as donations to March’s § 501(c)(3) tax-exempt non-profit organization. March did not utilize any of the victim’s money for charitable purposes; rather, he spent the money on payments, his own lavish lifestyle, and expenses of the scheme.
March pleaded guilty today to conspiracy to wire fraud and faces up to twenty years imprisonment and a $250,000 fine when he is sentenced during the court’s November 3, 2020 term.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina, made the announcement after U.S. Magistrate Judge Kimberly A. Swank accepted the plea. The Internal Revenue Service Criminal Investigation Division (IRS-CI), and the North Carolina Secretary of State, Securities Division conducted the investigation in this matter. The Office of the U.S. Bankruptcy Administrator for the Eastern District of North Carolina provided substantial assistance. Assistant United States Attorney Ethan Ontjes, Special Assistant United States Attorney Brian Behr, and Special Assistant United States Attorney Kevin Harrington represent the United States.
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-383-H.
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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.
United States Attorney David C. Joseph Announces Departure from OfficeRead the Press Release
SHREVEPORT, LAFAYETTE, MONROE, ALEXANDRIA, LAKE CHARLES, La. – United States Attorney David C. Joseph announced today that he has resigned from the Department of Justice, effective August 3, 2020, at 11:00 a.m. CDT, at which time he assumed the duties of United States District Court Judge. Joseph was appointed by President Trump to the position of United States Attorney in March of 2018.
“Serving as United States Attorney for the citizens of the Western District of Louisiana has been a privilege,” said Joseph. “I have been honored to lead an office of dedicated and talented public servants and to work with so many professional and hardworking law enforcement officers throughout Louisiana, as well as my colleagues U.S. Attorneys Brandon Fremin and Peter Strasser. By hard work and collaboration, I believe that we have made progress in accomplishing our shared goal of making Louisiana a safer place to live, work, and raise a family.”
“I commend David Joseph for his service as United States Attorney for the Western District of Louisiana. Since taking his oath, David has faithfully led his office with integrity and unrelenting commitment to the rule of law. David’s leadership fostered a collaborative relationship between his office and federal, state, and local law enforcement partners. His efforts to combat violent crime showed a decline during his two-year tenure and built safer communities for the citizens of Louisiana. The Department looks forward to his future service as a principled jurist to our Nation’s courts, and welcomes First Assistant U.S. Attorney Alexander C. Van Hook to serve as the Acting United States Attorney for the Western District of Louisiana,” said Attorney General William P. Barr.
During his tenure as U.S. Attorney, Joseph served as the chief federal law enforcement officer in the Western District of Louisiana, which includes 42 of the State’s 64 parishes and geographically encompasses two-thirds of the State of Louisiana. As U.S. Attorney, Joseph oversaw the investigation and prosecution of all federal criminal violations in the Western District of Louisiana and represented the United States in all civil litigation occurring in the Western District.
Under Joseph’s leadership, the U.S. Attorney’s Office prioritized, among other initiatives, the fights against violent crime, the opioid epidemic, public corruption, and human trafficking. Immediately upon assuming office, Joseph began working collaboratively with police chiefs, sheriffs, district attorneys, and federal law enforcement agents in all 42 parishes of the Western District of Louisiana to engage in proactive efforts aimed at combatting violent crime and building safer communities. As a result of this renewed focus on violent crime, including tripling the number of firearm offenses prosecuted, the district saw significant declines in the violent crime rates in 2018 and 2019. During Joseph’s first year in office, violent crime rates dropped 38% in Monroe, 14% in Shreveport, 9% in Lake Charles, and 5% in Lafayette. This resulted in approximately 791 fewer victims of violent crime in the Western District of Louisiana in 2018 alone. 2019 saw an additional 6% drop in violent crime throughout the district, including an additional 13% reduction in Shreveport.
These results were achieved by working closely with state and local law enforcement to identify for federal prosecution the offenders most likely to commit acts of violence, including felons and narcotics traffickers in possession of firearms. Joseph’s office also worked with federal, state, and local law enforcement to identify and federally prosecute criminal street gangs, including the federal racketeering (RICO) prosecution of the “Block Boyz,” a notorious street gang that long terrorized Shreveport’s Queensborough neighborhood with firearm violence, armed robberies, drug peddling, and witness intimidation. Joseph also oversaw the prosecution of members of the Aryan Circle, a prison-based white supremacist gang responsible for acts of violence and lawlessness both inside and outside of correctional institutions.
In response to the growing opioid epidemic in the United States, Joseph targeted both illegal opioid traffickers as well as medical professionals contributing to addiction and overdose deaths. Among other prosecutions, U.S. v. Anderson Duke resulted in a 24-year sentence for a fentanyl and heroin drug trafficker in the Monroe area, and in U.S. v. Melissa Richardson, a former VA pharmacist was sentenced to serve time in federal prison for stealing hydrocodone from mail-out prescriptions intended for veterans. Joseph’s office also entered into a $22 million civil settlement with Morris and Dickson, the largest privately-owned wholesale pharmaceutical distributor in the United States, for failing to report suspicious orders of hydrocodone and oxycodone.
On the public corruption front, among other cases, Joseph’s office convicted Patrick Hale Dejean, a Jefferson Parish Justice of the Peace who stole wages from citizens appearing in his court, and former prison warden Nathan Burl Cain II, who used his position as warden to embezzle taxpayer money.
Other significant cases handled by Joseph’s office included the prosecution of an individual responsible for burning down three predominantly African American churches in St. Landry Parish; the conviction of the owners and managers of Explo Systems, Inc., a defense contracting company, for their roles in defrauding the government and turning Camp Minden, Louisiana, into the largest illegal dumping ground for military explosives and munitions in the history of the United States; the prosecution of a Fort Polk soldier for manufacturing and detonating a chemical weapon in the Kisatchie National Forest resulting in substantial injuries to other soldiers; and the prosecution of a mega-church pastor from Houston, Texas, and his co-defendant, a Shreveport investment advisor, for their roles in a multimillion-dollar investment scheme that involved elderly victims.
Joseph also launched the Northwest Louisiana Human Trafficking Task Force in November of 2019, the first of its kind in Louisiana, with the goal of preventing human trafficking, rescuing victims of human trafficking, and prosecuting human traffickers criminally. The task force, formulated and led by the United States Attorney’s Office and Bossier Parish Sheriff’s Office, is a collaboration of federal, state, and local law enforcement agencies and prosecutors, along with local non-governmental victim services organizations, including civic, faith-based, and social services organizations.
During Joseph’s tenure the U.S. Attorney’s Office collected more than $116 million in civil and criminal actions and restitution for crime victims. The U.S. Attorney’s Office also provided many hours of training to federal, local and state law enforcement agencies throughout the District.
Today, after being sworn in by Chief U.S. District Judge S. Maurice Hicks Jr., Joseph began his service on the bench. Joseph, 43, was nominated by President Trump on December 2, 2019, to serve as a United States District Judge of the United States District Court for the Western District of Louisiana, Alexandria Division. The U.S. Senate confirmed his nomination on July 28, 2020.
“I thank Senators Kennedy and Cassidy for recommending me for this judgeship and for their service to the citizens of Louisiana in the United States Senate,” said Joseph. “I am also grateful to President Trump for giving me the opportunity to serve the Western District of Louisiana as U.S. Attorney and to continue my service to our community in the federal judiciary.”
Before becoming United States Attorney in 2018, Joseph served as an Assistant U.S. Attorney for the Western District of Louisiana, where he prosecuted a wide variety of offenses, with a focus on fraud, public corruption, white-collar crime and crimes committed on the District’s military installations. Prior to his career as a federal prosecutor, Joseph served as a commissioned officer and prosecutor in the U.S. Army Judge Advocate General’s Corps, as well as an attorney in the Professional Liability & Financial Crimes Section of the Federal Deposit Insurance Corporation, and in private practice as a commercial litigation attorney.
Joseph received his Bachelor’s Degree of Business Administration from the University of Oklahoma and his Juris Doctorate from the Paul M. Hebert Law Center at Louisiana State University, where he was a member of the Louisiana Law Review and was inducted into the Order of the Coif. After graduating law school, Joseph clerked for Justice Jeffrey P. Victory of the Louisiana Supreme Court and Judge John V. Parker of the U.S. District Court for the Middle District of Louisiana.
First Assistant U.S. Attorney Alexander C. Van Hook will serve as the Acting United States Attorney for the Western District of Louisiana upon Joseph’s departure. Mr. Van Hook has served for 10 years as the First Assistant United States Attorney and began his career in the United States Attorney’s Office in 1999.
Law enforcement partners offered the following statements:
“David Joseph’s leadership in the U.S. Attorney community and in the Western District of Louisiana has been exemplary, and his commitment to the rule of law has been the cornerstone of a distinguished legal career,” said Brandon J. Fremin, U.S. Attorney for the Middle District of Louisiana. “The Department of Justice and the United States of America benefited greatly by his appointment as United States Attorney. Our loss is the Judiciary’s gain.”
“U.S. Attorney Joseph has served the citizens of the Western District of Louisiana with integrity and distinction since 2018, said U.S. Attorney for the Eastern District of Louisiana Peter G. Strasser. I congratulate Mr. Joseph on his confirmation as a member of the federal judiciary and I’m confident he will continue to serve the Western District with honor and exceptional acumen.”
“I have known David for several years, and he is a man of incredible integrity and a servant of the law. I congratulate him for his successful tenure as the U.S. Attorney for the Western District of Louisiana and for his faithful service as an Assistant U.S. Attorney there. I witnessed firsthand his distinguished service to the citizens of the Western District’s 42 parishes,” said Donald Washington, former United States Attorney for the Western District of Louisiana and now Director of the U.S. Marshals Service. “Judge Joseph will be an outstanding jurist, who will serve with energy and compassion. He will provide equal justice for all.”
“I would like to congratulate David on his appointment to this important position and thank him for supporting the FBI and our state, local, and federal law enforcement partners. Having a collaborative partnership with our U.S. Attorneys is paramount to the successes of all law enforcement agencies. I wish him great success in his new role,” stated FBI New Orleans Special Agent in Charge Bryan Vorndran.
DEA Special Agent in Charge Brad L. Byerley said, “DEA would like to thank Mr. Joseph for his unrelenting partnership and congratulate him on his prestigious appointment to federal judge. With persistence and conviction, Mr. Joseph has done an excellent job leading the U.S. Attorney’s Office, all while combatting drug trafficking and the violent crimes associated with it, making communities in the Western District of Louisiana a safer place to live. Together, along with our federal, state and local law enforcement partners, we have successfully put drug traffickers and violent criminals where they belong, behind bars.”
“David Joseph has been instrumental in assisting law enforcement in the Western District of Louisiana in bringing violent criminals to justice, helping combat violent crime rates, and improving cooperation with our federal partners,‘' said ATF New Orleans Special Agent in Charge Kurt Thielhorn. “It’s been my honor to work with him to keep communities safe.”
“During his tenure representing the Western District of Louisiana, U.S. Attorney Joseph proved to be a dedicated partner working shoulder to shoulder with federal, state, and local law enforcement to ensure public safety and justice for victims,” said Colonel Kevin Reeves, Louisiana State Police Superintendent. “His support and guidance on the Northwest Louisiana Human Trafficking Task Force led to the successful prosecution of numerous child exploitation and human trafficking offenders. On behalf of the entire Louisiana State Police, we wish Judge Joseph the best in his new appointment.”
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the histry of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney’s Office recognizes 30th Anniversary of the Americans with Disabilities ActRead the Press Release
U.S. Attorney Brian T. Moran today highlighted the important work carried on by the Civil Rights Unit of the U.S. Attorney’s Office, Western District of Washington, as part of the 30thAnniversary of the Americans with Disabilities Act (the ADA). The law, a critical civil rights measure that aims to eliminate discrimination against people with disabilities, was signed into law on July 26, 1990.
“Well before the ADA was passed, I grew up with a family member who relied on a wheel chair. I remember the added challenge to daily life this presented to our family, and appreciate how much we have progressed in ensuring access and participation,” said U.S. Attorney Brian Moran. “I want to thank the members of the community who have brought complaints to our attention in recent years, allowing us to use the ADA to advance the cause of equal access throughout this District. The more we know about barriers facing members of our community with disabilities, the more we are able to vindicate their rights under this important legislation.”
In recent years, the U.S. Attorney’s Office has investigated a number of ADA cases. This includes working with the City of Aberdeen to improve access for people with visual impairments; working with Chateau Ste. Michelle and its concert venue to improve access for people with disabilities; working with childcare centers to improve access for children with diabetes; and working with Highline Medical Center, Overlake Medical Center, and the Washington Health Care Authority to improve access for people who are deaf or hard of hearing.
The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but were largely inaccessible to individuals with disabilities prior to the law’s enactment. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy–the ADA ensures that individuals with disabilities enjoy the same opportunities as all Americans to participate in everything this nation has to offer.
Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality, and altering the systems that have historically excluded people with disabilities. The Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration, and limitations with self-determination.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY). For information on filing an ADA complaint in the Western District of Washington visit the civil rights section on our website.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Two Men Sentenced for Involvement in New Haven-Based Drug RingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that two men involved in a New Haven-based drug trafficking organization were sentenced today by U.S. District Judge Robert N. Chatigny. JAMAINE JACKSON, also known as “Jack,” 46, of Bridgeport, was sentenced to 77 months of imprisonment, and THEODORE SMITH, also known as “Ted,” 38, of New Haven was sentenced to 42 months of imprisonment. Judge Chatigny also ordered each defendant to serve three years of supervised release when he is released from prison.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the sentencings occurred via videoconference.
This matter stems from an investigation headed by the FBI’s New Haven Safe Streets/Gang Task Force and New Haven Police Department that targeted drug trafficking and related acts of violence by members, former members and associates of the “Island Brothers” street gang in New Haven. The investigation, which included court-authorized wiretaps and controlled purchases of narcotics, also revealed that the drug trafficking organization had established a base of operation in Fitchburg, Massachusetts. The investigation subsequently identified a second drug trafficking network that involved the large-scale distribution of heroin.
During the investigation, Brian Backman of New Haven and Anderson Atkinson of Hamden were identified as suppliers of heroin to members of the drug trafficking organization. Jackson conspired with Backman, Anderson and others to acquire heroin and sell it to his own customers.
Smith, who resided in Fitchburg for a time, distributed crack cocaine and heroin. He also wire-transferred proceeds of his drug sales to his Connecticut associates.
Twenty-seven individuals were charged as a result of this investigation.
On November 22, 2019, Jackson pleaded guilty one count of conspiracy to distribute and to possess with intent to distribute 100 grams or more of heroin, and Smith pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute cocaine base (“crack”) and heroin.
Jackson’s criminal history includes 13 convictions for drug offenses, and convictions for assault, strangulation and burglary. Smith also has a lengthy criminal history, which includes multiple convictions for narcotics and assault offenses.
Backman and Atkinson previously pleaded guilty. On March 11, 2020, Backman was sentenced to 121 months of imprisonment. Atkinson awaits sentencing.
This matter is being investigated by the FBI’s New Haven Safe Streets/Gang Task Force, New Haven Police Department, Milford Police Department, Hamden Police Department, East Haven Police Department, Connecticut State Police, Connecticut Department of Correction and the U.S. Drug Enforcement Administration.
This case is being prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan, Peter D. Markle and Elena L. Coronado.
Tucker County man admits to his involvement in a methamphetamine distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Dustin Bruce Moran, of Parsons, West Virginia, has admitted to his role in a methamphetamine distribution operation, U.S. Attorney Bill Powell announced.
Moran, age 33, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine.” Moran admitted to having more than 50 grams of methamphetamine in April 2018 in Randolph County.
Moran faces not less than ten years and up to life incarceration and a fine of up to $10,000,000. 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 Brandon S. Flower is prosecuting the case on behalf of the government. The Mountain Region Drug & Violent Crimes Task Force investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Subcontractor Employee at Cyril E. King Airport Arrested After Discovery of over 4 ½ Kilograms of CocaineRead the Press Release
St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced that a complaint has been filed charging Keilin Lopez Lopez with possession with intent to distribute cocaine, a Schedule II controlled substance.
According to the affidavit filed in this case, on July 31, 2020 at approximately 6:30 p.m., a Virgin Islands Port Authority employee witnessed an adult male tampering with a trashcan in a stall in the men’s restroom located inside the Cyril E. King terminal. Officers removed the trashcan from the wall revealing an open recess in between both sides of the interior wall. One (1) large, brick shaped bundle and one (1) small, brick shaped bundle containing approximately 4.6 kilograms of cocaine was lying at the bottom of the recess of the trashcan.
Airport video surveillance footage showed a male, later identified as Keilin Lopez Lopez, wearing a backpack enter the bathroom where the bundles were discovered. Officers located Mr. Lopez, who is an employee for a company contracted to work on the airport remodel. After being advised of his Miranda rights, Mr. Lopez waived them and stated he removed the trashcan from the wall in the restroom stall and placed the bundles inside the wall.
This case is being investigated by Homeland Security Investigations and U.S. Customs
and Border Protection. It is being prosecuted by Assistant United States Attorney Juan Albino.United States Attorney Gretchen C.F. Shappert reminds the public that a criminal complaint is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
Statement of Assistant Attorney General for National Security John C. Demers on the Public Release of the Department’s Findings with Respect to the 29 FISA Applications that Were the Subject of the March 2020 OIG Preliminary ReportRead the Press Release
Assistant Attorney General for National Security John C. Demers stated:
“The Department of Justice has completed its review of the 29 FISA applications that were the subject of preliminary findings by the DOJ Inspector General (OIG) in March 2020. We are pleased that our review of these applications concluded that all contained sufficient basis for probable cause and uncovered only two material errors, neither of which invalidated the authorizations granted by the FISA Court. These findings, together with the more than 40 corrective actions undertaken by the Federal Bureau of Investigation and the National Security Division, should instill confidence in the FBI’s use of FISA authorities. We would like to express our appreciation to the OIG for their focus on the Department’s use of its national security authority. We remain committed to improving the FISA process to ensure that we use these tools consistent with the law and our obligations to the FISA Court. The ability to surveil and to investigate using FISA authorities remains critical to confronting current national security threats, including election interference, Chinese espionage and terrorism.”
Background
In March 2020, the OIG issued a Memorandum regarding the preliminary findings from its audit of 29 historical FISA applications. The audit was designed to determine whether the contents of the FBI’s Woods files supported the factual statements in these applications. The OIG found deficient documentation in these accuracy (i.e., Woods) files and potential errors. Specifically, the OIG found that FBI was unable to produce the Woods files for 4 of the 29 applications, and the OIG identified numerous apparent errors or inadequately supported facts in all 25 of the 29 applications for which Woods files could be produced.
The OIG did not determine whether any factual assertions in the applications were inaccurate, materially or otherwise. In addition, when the OIG found a fact unsupported by a document in the Woods file, the OIG did not give the FBI the opportunity to locate a supporting document for the fact outside the file.
The Department has reviewed the OIG’s preliminary findings for each application. Each of these applications was also subject to an independent accuracy review. The Department was able to resolve many of the potential issues identified by the OIG. The FBI was also able to compile Woods files for the 4 applications where an original Woods file could not be located, and the FBI was able in many instances to locate documentation to support a factual assertion either elsewhere in the Woods file or in other files available to the FBI. Based on the Department’s findings, of the hundreds of pages of facts contained in the 29 applications audited by the OIG, the Department has identified only one material misstatement and one material omission, neither of which we assess to have invalidated the authorizations granted by the FISC. These findings have been provided to the FISA Court and were posted publicly today.
The filing can be found here.
South Berwick Man Sentenced for Possession of Fentanyl and CocaineRead the Press Release
PORTLAND, Maine: A South Berwick man was sentenced today in federal court in Portland for possession of fentanyl and cocaine with intent to distribute, U.S. Attorney Halsey B. Frank announced.
U.S. District Judge Nancy Torresen sentenced Stephen Kissh, 54, to three years in prison and three years of supervised release. Kissh pleaded guilty on January 27, 2020.
According to court records, on January, 2, 2019, Kissh was arrested at his residence, a camper in South Berwick, Maine. South Berwick police officers responded to the residence after receiving a request to conduct a welfare check on another person at the location who was believed to be under the influence of drugs. Officers were familiar with Kissh, and were aware that he was on bail for Maine drug trafficking charges. Upon arriving at the camper, officers discovered Kissh and several other individuals inside, one of whom appeared to be under the influence of drugs but did not require medical attention. Officers searched Kissh and found him to be in possession of four plastic bags containing fentanyl and cocaine. The officers searched Kissh’s camper and recovered a safe that contained multiple plastic bags of fentanyl and cocaine.
The South Berwick Police Department and the U.S. Drug Enforcement Administration investigated the case. The U.S. Attorney’s Office prosecuted the case as part of the Department of Justice’s Operation Synthetic Opioid Surge, a program designed to reduce the supply of deadly synthetic opioids.
Sixteen Alleged Baltimore Felons Charged with Federal Gun CrimesRead the Press Release
Baltimore, Maryland – During the month of July, the U.S. Attorney’s Office charged 16 alleged felons in federal court with illegal possession of firearms in Baltimore City under the Maryland Exile Program, which specifically targets gun crime by combining local, state, and federal law enforcement efforts; community action and revitalization; and public awareness. The use of federal resources and statutes, which carry significant terms of imprisonment, is especially helpful in prosecuting repeat violent offenders, who pose the greatest threat to public safety.
The federal charges were announced by United States Attorney Robert K. Hur; Special Agent in Charge Timothy Jones of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Commissioner Michael Harrison of the Baltimore Police Department; State’s Attorney Marilyn Mosby of the State’s Attorney’s Office for Baltimore City; and Maryland Attorney General Brian Frosh.
“Reducing violent crime in Baltimore is job one. We have remained focused on reducing the gun crime that plagues our City, in spite of the challenges posed by the pandemic,” said U.S. Attorney Robert K. Hur. “We and our partners will continue to do everything we can to focus on prosecuting the repeat violent offenders who wreak havoc in and terrorize Baltimore’s neighborhoods.”
“Violent offenders brazenly use firearms in Baltimore with no regard for human life and the innocent people who live here. ATF and our partners continue to do everything in our power to bring these criminals to justice,” said ATF Baltimore Special Agent in Charge Timothy Jones. “When both law enforcement and attorneys at the local, state, and federal level work as a team, it allows investigators to utilize every available resource, expand investigations, and ensure successful prosecutions. The community is a member of this team too. We urge Baltimore citizens to come forward with any information that will help law enforcement get trigger-pullers out of these neighborhoods.”
The 16 defendants listed below, all from Baltimore, were charged in federal court in July for illegal possession of a firearm by a prohibited person:
- Quanta Butler, age 43;
- Tavon Conyers, age 40;
- Rashaun Curtis, age 22;
- Michael Eaddy, age 33;
- Antonio Johnson, age 20;
- Desmond Johnson, age 25;
- Demetrius Mayes, age 32;
- Richard McCardell, age 38;
- Dwayne Purdie, age 27;
- Nathaniel Ratchford, age 35;
- Reginald Raysor, age 28;
- Michael Sanders, age 36;
- James Stansbury, age 48;
- Sedrick Sutton, age 30;
- Larry Warfield, age 28; and
- Bryant Williams, age 34.
Four of the defendants—Butler, Desmond Johnson, Mayes, and Raysor—were previously convicted and/or investigated as part of federal investigations of gangs operating in the Cherry Hill area of Baltimore.
The United States Attorney’s Office and our law enforcement partners are continuing our efforts to address the gun violence plaguing the Baltimore area by using federal statutes prohibiting felons from possessing firearms. These types of reactive gun cases are part of the Exile program. Maryland EXILE is part of Project Safe Neighborhoods (“PSN”), our violent-crime reduction strategy. The United States Attorney’s Office, through the use of Project Safe Neighborhoods and Project Guardian, will continue to pursue felons with guns who constitute a clear and present danger to the safety and welfare of the citizens of Baltimore.
If convicted, the defendants each face a maximum sentence of 10 years in federal prison for being a felon in possession of a firearm and/or ammunition. Several of the defendants are facing additional charges related to drug distribution. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. All of the defendants will have an initial appearance in U.S. District Court in the near future, if they have not already.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
These cases are all 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. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The cases are 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; 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.
United States Attorney Robert K. Hur commended the ATF, the Baltimore Police Department, the Office of the State’s Attorney for Baltimore City, and the Maryland Attorney General’s Office for their work in these investigations. Mr. Hur thanked Assistant U.S. Attorneys Patricia C. McLane, Brandon Moore, Christine Goo, Lindsey McCulley, Michael C. Hanlon, and Special Assistant U.S. Attorneys James Tuomey, Richard Gallena, and Lindsay DeFrancesco, who are prosecuting the cases.
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Prince George’s County Man Indicted on Federal Charges for Enticement of a Minor to Engage in Sexual Activity and for Production of Child PornographyRead the Press Release
Greenbelt, Maryland – A federal grand jury has indicted Aaron Crawford, age 36, of Capitol Heights, Maryland, for the federal charges of coercion and enticement of a minor and for production of child pornography. The indictment was returned on July 20, 2020, and unsealed on July 31, 2020, at his initial appearance in U.S. District Court in Greenbelt. Today, U.S. Magistrate Judge Timothy Sullivan ordered that Crawford be detained pending trial.
The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Interim Chief Hector Velez of the Prince George’s County Police Department.
According to the indictment and evidence proffered by the government at today’s detention hearing, in November 2019, Crawford recruited a minor female to perform commercial sex acts in Prince George’s County. Crawford allegedly directed the victim to send him sexually explicit photographs so that he could use the pictures in Internet advertisements.
If convicted, Crawford faces a mandatory minimum sentence of 10 years and up to life in prison for enticement of a minor; and a mandatory minimum of 15 years and up to 30 years in federal prison for production of child pornography. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the FBI and the Prince George’s County Police Department Vice and Sex Trafficking Investigations Unit for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Joseph R. Baldwin and Gregory Bernstein, who are prosecuting the federal case.
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Portland Man Charged with Assaulting Deputy U.S. Marshal with Explosive Device During Courthouse ProtestRead the Press Release
PORTLAND, Ore.—U.S. Attorney Billy J. Williams announced today that Isaiah Jason Maza, Jr., 18, of Portland, has been charged by criminal complaint with assaulting a federal officer with a dangerous weapon and willfully damaging government property during protests at the Mark O. Hatfield U.S. Courthouse on July 22, 2020.
According to court documents, in the early morning hours of July 22, 2020, a group of individuals gathered in an exterior entryway of the Hatfield Federal Courthouse. Several members of the group, including Maza, began removing plywood attached to the front of the building to protect its damaged glass façade. After the group successfully removed the plywood sheeting, Maza made multiple attempts to kick in the window, struck it with a metal object, and repeatedly pounded on it with what appeared to be a hammer.
Shortly thereafter, a number of people successfully removed the entire wooden structure protecting the courthouse entryway and an unknown individual broke one of the windows. After this breach, Maza walked toward the building carrying a cylindrical object. Maza then appeared to light a fuse connected to the object and place it inside the broken window. A short time later, the object exploded in close proximity to law enforcement officers exiting the building through the broken window. A deputy U.S. Marshal sustained injuries to both his legs as a result of the blast.
On July 31, 2020, deputy U.S. Marshals spotted Maza less than one block from the courthouse. Maza ran from the deputy marshals who pursued him several blocks by foot before catching and arresting him.
Maza made his first appearance in federal court today before a U.S. Magistrate Judge and was ordered detained pending further court proceedings.
Assaulting a federal officer with a dangerous weapon is punishable by up to 20 years in prison and a $250,000 fine. Willfully damaging government property is punishable by 10 years in prison and a $250,000 fine.
This case is being jointly investigated by the FBI, the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
Criminal complaints are only accusations of a crime, and a defendant is presumed innocent unless and until proven guilty.
Pittsburgh Woman Pleads Guilty to Narcotics TraffickingRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of narcotics trafficking in connection with a large-scale investigation conducted by the Greater Pittsburgh Safe Streets Task Force, United States Attorney Scott W. Brady announced today.
Danasia McNeal, 22, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl before United States District Judge William S. Stickman IV. Ms. McNeal was one of 37 defendants charged in the original Indictment and is one of 22 defendants charged in the Superseding Indictment.
In connection with the guilty plea, the court was advised that in 2017, the Greater Pittsburgh Safe Streets Task Force, led by the Federal Bureau of Investigation, 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, the United States received authorization to conduct a federal wire investigation, which continued through June of 2019. Intercepted communications as well as recorded jail calls and visits revealed that the defendant agreed to run the drug trafficking business of her boyfriend and co-defendant, James Givner, while he was incarcerated at the Allegheny County jail, with help from another co-defendant, Christopher Highsmith, who is among the leaders of the conspiracy. Ms. McNeal ultimately accepted responsibility for the distribution of 65 grams of heroin and fentanyl in the Pittsburgh area as a condition of the plea.
Judge Stickman scheduled sentencing for Dec 15, 2020 at 10:30 am. The law provides for a total sentence of 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Ms. McNeal remains on bond pending the sentencing hearing.
Assistant United States Attorneys Christy C. Wiegand and Brendan McKenna are prosecuting 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.
Pair Sentenced in International Gun Trafficking CaseRead the Press Release
RALEIGH, N.C. – A Greensboro man, formerly of Ahoskie, was sentenced today to 15 months in prison for conspiracy to deal and dealing in firearms without a license, and making a false statement during the purchase of a firearm.
According to court documents, multiple firearms were recovered at crimes scenes in Canada and traced back to Kadarius Williams, 24, as the purchaser. During the investigation, law enforcement discovered that Williams purchased those firearms, as well as several other firearms, at gun stores in Ahoskie and Elizabeth City at the direction of his co-defendant, Barrington Strauchn, Jr., 55, of Winton. Strauchn financed the purchase of the firearms and then paid Williams a sum of money for conducting the transaction. Strauchn, who is a convicted felon for a prior armed bank robbery, then took possession of the firearms, which were later recovered in Canada at a homicide and drug trafficking-related search warrants. In all, Williams purchased seventeen (17) firearms and transferred them to Strauchn. During the purchase of those firearms, Williams falsely stated on government forms that he was not purchasing the firearms for another person. Additionally, at the time of Strauchn’s arrest, he was found in possession of a loaded Ruger 9mm pistol.
Strauchn was sentenced on June 18, 2020, to 102 months imprisonment, followed by 3 years of supervised release.
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, including their Canada Attaché, investigated and Assistant U.S. Attorney Robert J. Dodson 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. 2:19-CR-18-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.
Omaha Man Sentenced for Conspiracy to Possess with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Michael Bentley, 45, of Omaha, Nebraska, was sentenced today by the Senior United States District Judge Laurie Smith Camp for his role in a conspiracy to possess with intent to distribute methamphetamine. He received a sentence of 132 months with a five-year term of supervised release to follow. There is no parole in the federal system.
On September 26, 2018, law enforcement executed a search warrant on Bentley’s home. Bentley had approximately 2.4 grams of methamphetamine in his possession. In a post-Miranda interview, Bentley stated that since as early as the preceding May or June, he had been distributing two pounds of methamphetamine per week.
Subsequently, on March 12, 2019, law enforcement stopped Bentley for speeding and Bentley was in possession of approximately 92.8 grams of actual methamphetamine.
This case was investigated by Omaha Police Department.
Navy Technician Sentenced to Prison for Sexually Abusing Minor at Groton Sub BaseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that CHAZZMAN K. CHUNG, 29, of Groton, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 18 months of imprisonment, followed by five years of supervised release, for sexually abusing a minor on the grounds of the Naval Submarine Base in Groton.
According to court documents and statements made in court, Chung, a technician in the U.S. Navy, met a 13-year-old boy (the “victim”) on the Grindr dating application. Chung and the victim then communicated via text messages and phone calls. The victim’s Grindr profile indicated that he was 18 years old, but he told Chung that he was 14 years old. On December 19, 2018, the victim feigned illness and stayed home from school. On that date, Chung picked up the victim at the victim’s residence and drove back to the Naval Submarine Base in Groton. In his barracks, Chung engaged in illegal sexual activity with the victim.
Chung was arrested on state charges on April 9, 2019, and on a federal criminal complaint on October 17, 2019. On February 24, 2020, he pleaded guilty in federal court to one count of sexual abuse of a minor.
Judge Shea ordered Chung, who is released on a $25,000 bond, to report to prison in 90 days.
This investigation was conducted by the Naval Criminal Investigative Service, Connecticut State Police and Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Morgantown man admits to harboring a fugitive wanted on a felony chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Paul Chibuzo, of Morgantown, West Virginia, has admitted to charges related to hiding a fugitive, U.S. Attorney Bill Powell announced.
Chibuzo, age 24, pled guilty today to one count of “Harboring and Concealing a Federal Fugitive” and one count of “False Statement to Federal Agent.” Chibuzo admitted to hiding Donquale Gray in Morgantown from March 1 to March 6, 2019. Gray was wanted by the U.S. Marshal Service on a felony charge. Chibuzo lied to authorities about speaking with Gray and knowing he was wanted in February 2019.
Chibuzo faces up to five years incarceration and a fine of up to $250,000 for each count. 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 Andrew R. Cogar is prosecuting the case on behalf of the government. The U.S. Marshal Service; The Bureau for Alcohol, Tobacco, Firearms & Explosives; and the Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Minnesota Man Sentenced to 17.5 Years for Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Minneapolis, Minnesota, man convicted of Receipt of Child Pornography was sentenced on August 3, 2020, by U.S. District Judge Karen E. Schreier.
Nicolas Edward Wilson, age 35, was sentenced to 210 months in federal prison, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Wilson was also ordered to register as a sex offender and undergo sex offender treatment.
Wilson was indicted by a federal grand jury on July 9, 2019. He pled guilty on May 11, 2020.
Wilson received and distributed child pornography between September, 2012, and April, 2015. Wilson used his laptop computer to search for images of child pornography on the internet. He also used his cell phone to take pornographic photos of a juvenile female in South Dakota. After the juvenile became an adult, she disclosed the information to law enforcement. Investigators were able to forensically examine the cell phone and laptop computer to find evidence of the child pornography.
U.S. Attorney Ron Parsons commended the joint efforts of the law enforcement agencies working together. He also stated that "the sentence reflects the seriousness of the offense as well as the courage of a victim to come forward and disclose the traumatic events that occurred to her while she was a teenager."
This case was investigated by the McCook County Sheriff's Office, the South Dakota Division of Criminal Investigation, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Wilson was immediately turned over to the custody of the U.S. Marshals Service.
Manchester Man Sentenced to 15 Months for Fentanyl TraffickingRead the Press Release
CONCORD - Ryan Luther, 28, of Manchester, was sentenced to 15 months in federal prison for fentanyl trafficking, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on March 13, 2019, a cooperating individual agreed to participate with the Nashua Police Department’s Narcotics Intelligence Division and Problem-Oriented Policing Unit in a controlled buy of fentanyl from Ryan Luther. Luther subsequently sold fentanyl to the cooperator. After the deal, detectives followed Luther to a nearby apartment where they found him hiding in the bathroom and placed him under arrest.
Luther previously pleaded guilty on October 9, 2019.
“Fentanyl traffickers who continue to distribute their product in Hillsborough County will follow Mr. Luther to federal prison,” said U.S. Attorney Murray. “Through Operation SOS, we are working closely with the Nashua Police Department and law enforcement agencies throughout the county to send the message to drug dealers that their illegal and dangerous conduct will not be tolerated.”
This matter was investigated by the Nashua Police Department Narcotics Intelligence Division and Problem-Oriented Policing Unit. The case was prosecuted by Assistant U.S. Attorney Joachim H. Barth.
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
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Las Vegas Resident Charged with Illegally Possessing Unemployment Benefit Debit Cards Issued by DETRRead the Press Release
LAS VEGAS, Nev. – A Las Vegas resident was arrested on Friday, July 31, 2020, on charges related to identity theft and possession of fraudulent unemployment benefits cards, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada, Sheriff Joseph Lombardo of the Las Vegas Metropolitan Police Department, and Special Agent in Charge Brian Spellacy of the U.S. Secret Service.
“Fraud against the Department of Employment, Training and Rehabilitation (DETR) is widespread in Nevada’s unemployment benefits system,” said U.S. Attorney Trutanich. “While the State begins to address vulnerabilities in its application and payment system, our office will continue working closely with our partners to prevent important federal resources from enriching fraudsters. This case is likely just the proverbial ‘tip of the iceberg’: we will track down and prosecute scammers who fraudulently obtain federal unemployment benefits.”
“The U.S. Secret Service and our law enforcement partners will continue to work with financial institutions and the state unemployment offices to pursue investigative leads associated with state unemployment identity theft,” said Special Agent in Charge Spellacy. “The U.S. Secret Service’s primary investigative priorities are to mitigate any attempt by criminals that target citizens for identity theft and cyber-enabled crimes as it relates to COVID-19.”
DETR is the agency that administers Nevada’s unemployment insurance program, which is designed to provide benefits to eligible workers who become unemployed through no fault on their own. DETR provides unemployment benefits to qualified applicants on debit cards.
Vincent Okoye, 38, of Las Vegas, was charged by criminal complaint with one count of possession of a counterfeit and unauthorized access device and one count of aggravated identity theft. Okoye’s initial court appearance in federal court has not yet been scheduled.
The complaint alleges that, on July 15, 2020, law enforcement executed a search warrant at Okoye’s residence in Las Vegas. They found:
- Over 100 credit and debit cards not issued in Okoye’s name, including at least 11 debit cards issued by DETR and at least 12 debit cards issued by Arizona’s Department of Economic Security (DES). DES administers the unemployment insurance program for Arizona.
Law enforcement found one of those DETR debit cards in Okoye’s wallet, which is pictured below:
- Over $100,000 in U.S. Currency and U.S. Money Orders.
- At least 24 pieces of mail from DETR, bearing various names and addresses.
- Over 100 pieces of mail, bearing names and addresses not belonging to Okoye.
- A forged Canadian passport.
- Postal mailbox master keys.
The minimum statutory penalty for aggravated identity theft is two years in prison and the maximum statutory penalty for all counts charged in the Complaint is 12 years in prison and a $250,000 fine. The minimum and maximum statutory sentences are prescribed by Congress and are provided here for informational purposes only.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by the Las Vegas Metropolitan Police Department and U.S. Secret Service. Assistant U.S. Attorney Jim Fang is prosecuting the case.
Individuals who believe that someone is fraudulently using their identity, as well as companies who believe that someone is fraudulently using the identity of their employees, to apply for unemployment benefits should file a complaint through the FBI’s Internet Crime Complaint Center (IC3) at www.ic3.gov and to DETR’s Fraud Report at https://detr.nv.gov/Page/DETR_Unemployment_Insurance_Fraud_Reporting_Form.
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.
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Jailed Cocaine Dealer Sentenced to 4 More Years for Conspiring to Distribute Controlled Substances while in PrisonRead the Press Release
PITTSBURGH, PA – Robert Korbe was sentenced to 48 months in prison for conspiring to distribute Schedule I synthetic cannabinoid controlled substances between 2017 and 2019, United States Attorney Scott W. Brady announced today.
Korbe, age 51, was sentenced by United States District Judge J. Nicholas Ranjan. Judge Ranjan directed that the prison sentence be served consecutively to the prison sentence Korbe was serving at the time of the crime. Judge Ranjan also directed that Korbe serve six years of supervised release following his prison sentence and forfeit $2,819.85 from his prison account that contained some of the proceeds of the crime.
Korbe was incarcerated at the federal prison at Loretto, Pennsylvania, when he was conspiring to distribute Schedule I synthetic cannabinoid controlled substances which have caused severe illness and deaths throughout the United States in recent years. Korbe was incarcerated as a result of several prior convictions in theWestern District of Pennsylvania for cocaine trafficking, possessing a firearm after a prior felony conviction, and wire fraud. Korbe has six prior drug trafficking convictions in six prior federal and state prosecutions as well as a prior conviction for aggravated assault in another prior state prosecution.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Drug Enforcement Administration, the Internal Revenue Service-Criminal Investigation, the Federal Bureau of Prisons, and the Pennsylvania Office of Attorney General led the multi-agency investigation that also included the United States Postal Inspection Service, the Beaver County District Attorney’s Office, the Department of Homeland Security/Homeland Security Investigations, the Pittsburgh Police Department, the United States Marshals Service, the Pennsylvania State Police, the Munhall Police Department, the Robinson Township Police Department, the McKees Rocks Police Department, the Stowe Township Police Department, the Etna Police Department, and the Erie County District Attorney’s Office.
This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.
Green Bay Man Sentenced to 96 Months in Federal Prison Following Arson TrialRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced that on July 31, 2020, William A. Julius (age: 57) of Green Bay and Menominee, Wisconsin, was sentenced to 96 months’ imprisonment by Senior District Judge William C. Griesbach. In March of this year, a jury found Julius guilty of two counts of arson to a building.
The evidence presented at trial established that just before 1:00 a.m. on August 20, 2017, Julius set fire to a porch of a building on Madison Street in downtown Green Bay. Residents of the apartments located in the upper portion of the building were accounted for, and the Green Bay Fire Department began an investigation. While the fire marshal continued his investigation into the first fire, Julius returned and lit another fire in front of the main entrance, causing significant fire and smoke damage to the businesses located on the first floor. Julius later was found hiding under a vehicle a few blocks away and arrested.
In imposing sentence, Judge Griesbach noted that arson is a serious crime that puts not only the building’s occupants, but firefighters and first responders in harm’s way. He further noted that Julius’ history of serious criminal conduct and lack of “pro-social” activities called for a lengthy prison sentence. Following his release from prison, Julius will serve an additional 3 years on supervised release.
This case was investigated by the Green Bay Fire Department, the Green Bay Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It was prosecuted by United States Attorney Krueger and Assistant United States Attorney Daniel R. Humble.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Great Falls Drug Dealer Sentenced to over 10 Years in PrisonRead the Press Release
GREAT FALLS – A man accused of leading a large methamphetamine and heroin trafficking ring and distributing drugs from a Great Falls pre-release center was sentenced today to 160 months in prison followed by 5 years supervised release, U.S. Attorney Kurt Alme said.
Anthony Joseph Beltran, 45, who lived at a Great Falls pre-release center, pleaded guilty in March to possession with intent to distribute controlled substances and to obstruction of justice by retaliating against a witness.
Chief U.S. District Judge Brian M. Morris presided. Judge Morris also ordered Beltran to forfeit four vehicles, an RV and $47,824 in currency.
The prosecution said in court records that law enforcement began investigating a meth and heroin distribution ring in Great Falls in September 2018. Agents learned that Beltran supplied a significant amount of drugs that came from California to others, including convicted co-defendants Jacqueline Kirkaldie and David Awberry, for redistribution. Kirkaldie was sentenced to 11 years and four months in prison, while Awberry was sentenced to 10 years in prison.
Beltran, who was distributing meth and heroin while living at the pre-release center, also maintained a safe with drugs, cash and firearms at a local residence and had a storage unit.
During the investigation, detectives served a search warrant on the house where Beltran stored drugs and found about 4.8 pounds of methamphetamine. The amount of meth seized from the home is the equivalent of about 17,395 doses.
In a search of the storage unit, detectives found 31 firearms, most of which had been stolen from residences in Cascade County.
Beltran was arrested on April 3, 2019 and held at the Cascade County Detention Center. On April 22, 2019, detectives learned that the entire sealed criminal complaint filed against Beltran and his co-defendants had been published on Facebook pages and that its publication appeared to be an implicit threat against anyone who had provided law enforcement information about Beltran’s drug activities. Investigators linked the Facebook pages to Beltran, who in jail calls referred to funneling the paperwork out of the jail for posting on Facebook.
Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by the Drug Enforcement Administration, Great Falls Police Department, Russell Country Drug Task Force and the Cascade County Sheriff’s Office.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Four Arrested in Jackson and Indicted for Conspiracy to Possess with Intent to Distribute MethamphetamineRead the Press Release
Jackson, TN – Four individuals have been indicted for conspiracy to possess with the intent to distribute methamphetamine. D. Michael Dunavant, U.S. Attorney announced the indictment today.
On July 30, 2020, a federal grand jury returned a three-count indictment which remained sealed until the defendants’ arrest. This investigation was conducted in conjunction with federal prosecutors in Jackson as part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF) Program, which seeks to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations, money laundering organizations, and related criminal enterprises.
The four defendants listed are currently in custody:
• Jason Kennedy, 43, of Puryear, Tennessee
• Justin Barker, 31, of Atlanta, Georgia
• Derick Barker, 35, of Atlanta, Georgia
• Colby Criswell, 29, of Greenfield, Tennessee
During this investigation, agents seized large amounts of crystal methamphetamine (ICE), money, digital scales, a firearm, and other various paraphernalia from the defendants at a hotel in Jackson, TN. The defendants were arrested on July 25, 2020 and charged in a federal criminal complaint.
Criswell has also previously been charged among seventeen individuals with operating a multi-state drug trafficking conspiracy to distribute methamphetamine in West Tennessee, Arkansas, and Mississippi in "Operation Clear Cut". https://www.justice.gov/usao-wdtn/pr/seventeen-charged-multi-state-drug-trafficking-ring-operation-clear-cut.
If convicted in this case, the defendants each face mandatory minimum sentences of 10 years and up to life imprisonment.
U.S. Attorney D. Michael Dunavant said, "West Tennessee is a major logistics hub for the country, and drug trafficking organizations transport large quantities into and through our communities. We must use every available resource to disrupt and dismantle these conspiracies, and hold them accountable for distributing poisonous illegal drugs that cause addiction, injury, and death. We commend the outstanding investigative work of our federal, state, and local law enforcement partners in this important case involving significant seizures of dangerous narcotics."
This case was investigated by the Drug Enforcement Administration (DEA) - Jackson, Houston, and Chattanooga offices; Madison County Sheriff’s Department; Weakley County Sheriff’s Department; Jackson-Madison County Narcotics Unit; 24th Judicial District Drug Task Force; Puryear Police Department, and Georgia Bureau of Investigation.
Assistant U.S. Attorney Jerry Kitchen is prosecuting this case on behalf of the government.
The charges and allegations in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
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Fifteen Years in Federal Prison for Nashville Man Who Illegally Possessed FirearmRead the Press Release
NASHVILLE, Tenn. – August 3, 2020 - A Nashville man arrested during a 2017 traffic stop has been sentenced to 15 years in federal prison, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Brandon Desean Wells, 33, was sentenced Friday to the mandatory minimum sentence for being a felon in possession of a firearm and being qualified as an Armed Career Criminal, which subjected him to a mandatory sentence enhancement.
Wells was arrested by officers with the Metropolitan Nashville Police Department on April 20, 2017, after he was found to be a passenger in a vehicle which was stopped for traffic violations. Wells was observed making furtive movements and after exiting the vehicle, he refused to comply with officer’s commands to place his hands behind his back. After physically gaining compliance and handcuffing Wells, the officers found a loaded semi-automatic pistol in his waistband. Wells was also in possession of hydrocodone pills and drug trafficking paraphernalia and told the officers he was under the influence of cocaine and other drugs.
Wells was indicted by a federal grand jury in April 2018 and pleaded guilty in January of this year. Well’s criminal record dates back to his teenage years and includes multiple convictions for armed robbery, drug trafficking and firearm offenses, including a prior six-year federal prison sentence for illegal firearms possession for an offense that occurred only weeks after being placed on probation in state court.
U.S. Attorney Cochran commended the actions of the officers of the Metropolitan Nashville Police Department and agents of the Bureau of Alcohol, Tobacco Firearms & Explosives, along with Assistant U.S. Attorney Joseph P. Montminy in bringing this case and removing a dangerous criminal from the community.
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Fayetteville Man Sentenced to 14 Years for Drug and Firearm ChargesRead the Press Release
RALEIGH, N.C. – A Fayetteville man was sentenced today to 168 months in prison for Cocaine Base (Crack) and Firearm violations.
According to court documents, Elbert Tojuan McNeill, 40, pleaded guilty to Conspiracy to Distribute and Possess with Intent to Distribute 280 Grams or More of Cocaine Base (Crack), Possession with Intent to Distribute a Quantity of Cocaine Base (Crack), and Possession of a Firearm in Furtherance of a Drug Trafficking Crime on April 20, 2020.
In January 2018, investigators with the Fayetteville Police Department (FPD) and the Federal Bureau of Investigation (FBI) learned that McNeill was distributing cocaine base (crack) in the Fayetteville area. Agents then conducted several controlled purchases of cocaine base (crack) from McNeill.
On February 6, 2019, agents executed a search warrant at a residence associated with McNeill. Agents seized currency, cocaine base (crack), a stolen 9mm Glock handgun, and a stolen .40 caliber Smith & Wesson firearm.
McNeill admitted that since 2015, he had purchased more than ten kilograms of cocaine. He had then cooked it into cocaine base (crack) and sold it to customers.
Based on his criminal history, McNeill was determined to be a Career Offender.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case is part of the United States Attorney’s Office’s 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. For additional information about this initiative, click here https://www.justice.gov/usao-ednc/tbnc.
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 Fayetteville Police Department (FPD) and the Federal Bureau of Investigation (FBI) investigated the case and Assistant U.S. Attorney Scott A. Lemmon 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. 5:18-CR-340-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.
Everett Man Charged in Connection with Damaging Property at Boston FBI HeadquartersRead the Press Release
BOSTON – An Everett man has been charged in federal court in Boston in connection with scaling the perimeter fence of the Boston FBI Headquarters in Chelsea and damaging property.
Brian Ricardo Dennis, 52, was charged by criminal complaint with injuring or depredating government property. Following an initial appearance today, Dennis was detained pending a probable cause and detention scheduled for Wednesday, Aug. 5, 2020.
It is alleged that at approximately 1:20 am on Friday, July 31, 2020, an individual – later identified as Dennis – scaled the perimeter fence of the Boston FBI Headquarters in Chelsea. Video surveillance recorded Dennis climbing over the perimeter fence, approaching an exterior door, banging on the door with his hands and then retrieving a large rock and repeatedly throwing the rock against the door, shattering the glass on the door. Dennis then allegedly climbed back over the perimeter fence and left the area.
According to court documents, thereafter, local law enforcement encountered Dennis, who had significant injuries to his right hand, and transported him to a local emergency room. During an interview with agents, Dennis admitted to being the individual in the surveillance recordings. Fingerprints found at the FBI Headquarters were determined to match Dennis.
The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The Chelsea Police Department also provided assistance. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
East Bay Residents Charged with Stealing 27 Firearms from Hayward Gun StoreRead the Press Release
OAKLAND – In an indictment partially unsealed today, a federal grand jury charged Dashawn Talifario Taylor, Anthony Lamar Craft, Jr., and Tyronza Hampton, Jr., for stealing 27 firearms from a Hayward gun shop on the night of May 31, 2020, announced United States Attorney David L. Anderson and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Patrick Gorman. The grand jury also charged Taylor with possession of a stolen firearm and Craft with being a felon in a possession of a firearm.
According to the indictment and an affidavit by an ATF agent in connection with a criminal complaint filed in the same matter, on the night of May 31, 2020, Taylor, 23, Craft, 26, and Hampton, 25, all of Oakland, and several others congregated outside of Richardson Tactical, a firearms retail store in Hayward, California, after business hours when the store was closed. The co-conspirators allegedly broke the store window and entered the store, where they smashed display cabinets and ripped firearms from the walls. In total, the defendants and their co-conspirators allegedly stole no fewer than 27 firearms from the store. The co-conspirators then left the store together and fled the location.
Court filings indicate that surveillance footage and fingerprint evidence were used to identify the defendants, who were arrested between July 15, 2020, and July 31, 2020. Furthermore, according to court filings, on June 6, 2020, in Oakland, California, defendant Taylor attempted to flee by car with several other individuals from the scene of a shooting. The car crashed, at which point Taylor was apprehended; one of the stolen firearms was allegedly recovered from the front passenger area of the car, where Taylor had been sitting. In addition, according to court filings, on June 18, 2020, Craft posted a photo to Instagram, depicting him holding two of the stolen firearms.
“This burglary occurred on a night when Hayward and many other cities in the Bay Area and across the country were experiencing civil unrest and protests,” U.S. Attorney David L. Anderson commented. “My office stands in support of all Americans exercising their First Amendment rights to peaceable assembly and speech. But we will also investigate and seek justice for those who use the cover of lawful protests to break the law.”
Taylor and Hampton were previously arrested and have made their initial appearances before the magistrate court. Both were ordered released on bond, and are currently scheduled to appear before the Honorable Jon S. Tigar, U.S. District Court Judge, on September 25, 2020, at 9:30 a.m. Craft was arrested on July 31, 2020, and made his initial appearance before the magistrate court today. Craft’s next scheduled appearance is before U.S. Magistrate Judge Thomas S. Hixon tomorrow, August 4, 2020, for a detention hearing.
One defendant charged in the indictment has not been arrested and remains a fugitive.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. The defendants face a maximum sentence of ten years’ imprisonment, a three-year term of supervised release, a fine of $250,000, and restitution if convicted of theft from a federal firearms licensee in violation of 18 U.S.C. § 922(u), felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), or possession of a stolen firearm, in violation of 18 U.S.C. § 922(j). If convicted of conspiracy, in violation of 18 U.S.C. § 371, the defendants face a maximum sentence of five years’ imprisonment, a three-year term of supervised release, a fine of $250,000, and restitution. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
This case is being prosecuted by the Oakland Branch of the U.S. Attorney’s Office. The prosecution is the result of an investigation by the ATF with the assistance of the Hayward and Oakland Police Departments, and the Alameda County Sheriff’s Office.
East Bay Felon Charged with Unlawful Possession of AmmunitionRead the Press Release
OAKLAND – Dustin Vaughn Dean Laster made an initial appearance today in federal court on a criminal complaint for being a felon in possession of ammunition, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. Laster made his initial appearance in federal court today before Magistrate Judge Thomas S. Hixson.
According to the complaint, Contra Costa Sheriff’s Office deputies saw Laster, 30, of El Sobrante, California, sitting in the driver’s seat of a car near Hilltop Park in Richmond, California on May 15, 2020, along with another individual in the passenger seat. As the deputies drove past, Laster, whom they knew to be on parole for having previous felony convictions, got out of the car and started walking away from them into Hilltop Park. Deputies stopped Laster in the park, and then searched his vehicle pursuant to terms of his parole. During the search, deputies found a .40 caliber semi-automatic pistol on the floorboard of the front driver’s seat near where Laster had been sitting. The pistol was loaded with a 22-round extended magazine that contained twenty live rounds of ammunition.
The charges contained in the criminal complaint are mere allegations. As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law.
Laster is currently being held at Santa Rita Jail. Laster’s next scheduled appearance is tomorrow, August 4, 2020, at 10:30 for a status conference hearing before the Honorable Thomas S. Hixson, U.S. Magistrate Judge.
Noah Stern is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Kay E. Konopaske. The prosecution is the result of an investigation by the Federal Bureau of Investigation and the Contra Costa County Sheriff’s Office.
Domestic Abuser Sentenced to 6 Years for Unlawful Possession of Multiple FirearmsRead the Press Release
Memphis, TN – Darius Washington, 24, has been sentenced to 72 months in federal prison for possession of a firearm after having been previously been convicted of misdemeanor crime of domestic violence. Michael Dunavant, U.S. Attorney announced the sentence today.
According to the information presented in court, on December 9, 2017, detectives conducted a traffic stop on Watkins Avenue in the Family Dollar parking lot. When the car pulled into the parking lot, the front right passenger, later identified as Darius Washington, jumped out of the vehicle and ran inside the store. Detectives observed Washington casually walk back towards the front of the store. After reviewing the in-store video footage, law enforcement observed Washington hide a Beretta .40 caliber pistol in one of the food aisles. The gun was loaded with 13 rounds in the magazine and 1 round in the chamber.
On June 5, 2019, during a physical altercation with a man, Washington pulled out a semi-automatic pistol and shot the man in the ear. Visibly injured, the victim fled the scene. Washington then reached inside the victim's car and stole a Smith and Wesson .40 caliber pistol he had been carrying.
Washington's prior criminal history consisted of four misdemeanor convictions, including two convictions for domestic violence with bodily harm. Based upon his domestic violence convictions, Washington was unlawfully in possession of all three firearms pursuant to federal law. Washington had no felony convictions, until today.
On July 29, 2020, U.S. District Court Judge Sheryl H. Lipman sentenced Washington to 72 months in federal prison followed by 3 years supervised release. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said: "Under the new Project Guardian initiative announced by Attorney General Barr inMemphis in November, 2019, we have intensified our focus on removing firearms from the hands of prohibited persons, and removing dangerous offenders from our streets. We have no better partner in this fight against gun crime than the ATF, and under Project Guardian, we will aggressively investigate and prosecute the trigger-pullers and prohibited persons who violate federal firearms laws in West Tennessee. Persons with histories of domestic violence present a known and immediate risk of violence to their families and the community at large. Clearly, this recidivist had no hesitation in committing a violent crime with a firearm, and he will now be removed from the community for 6 years."
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Assistant U.S. Attorney Raney Irwin prosecuted this case on behalf of the government.
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Chippewa Falls Felon Sentenced to 42 Months for Possessing FirearmRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Joshua Reedy, 26, Chippewa Falls, Wisconsin, was sentenced Friday, July 31 by U.S. District Judge William M. Conley to 42 months in federal prison for possessing a firearm as a felon. This prison term will be followed by 3 years of supervised release.
On August 16, 2019, Eau Claire police officers found Reedy in the parking lot of a Goodwill store after receiving a complaint for a suspicious vehicle. At the time officers found Reedy, he was wearing a bullet-proof vest and was also in possession of a crow-bar and hunting knife. During a search of his vehicle, officers located a sawed-off shotgun. Reedy admitted to knowing this shotgun was stolen and to sawing off its barrel. A second gun, ammunition, stolen credit cards, and other burglarious tools were located in the vehicle and in the possession of Reedy’s associate, who was located nearby.
Reedy is prohibited from possessing any firearms as a result of multiple Wisconsin felony convictions.
In sentencing Reedy, Judge Conley acknowledged his long-standing addiction to alcohol and drugs. However, Judge Conley noted that Reedy was a high functioning addict who failed to take prior addiction treatment seriously. Judge Conley imposed this prison sentence, in part, because of Reedy’s pattern of increasingly serious crimes.
The charge against Reedy was the result of an investigation conducted by the Eau Claire Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of the case has been handled by Assistant U.S. Attorney Taylor L. Kraus.
Braxton County man sentenced for role in a methamphetamine distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Duncan Currie Canter, of Burnsville, West Virginia, was sentenced today to 15 months incarceration for his involvement in a methamphetamine distribution operation, U.S. Attorney Bill Powell announced.
Canter, age 26, pled guilty to one count of “Aiding and Abetting Distribution of Methamphetamine in Proximity to a Protected Location” in October 2019. Canter admitted to selling methamphetamine near Glenville State College in September 2018 in Gilmer County.Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Mountain Lakes Drug & Violent Crimes Task Force investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Armed Career Criminal Sentenced to 17 Years for Possession of a FirearmRead the Press Release
Memphis, TN – Davien Stokes, 39, of Horn Lake, Mississippi, has been sentenced to 210 months in federal prison for being a convicted felon in possession of a firearm. D. Michael Dunavant, U.S. Attorney announced the sentence today.
According to information presented in court, on January 22, 2018, Memphis Police responded to a request for a welfare check at a local business complex on Union Avenue in Memphis, Tennessee. Officers arrived to find a 2013 red Ford Focus obstructing the entrance way of the business with keys in the ignition and the engine was idle.
The driver, later identified as Davien Stokes, appeared to be unconscious. Eventually, Stokes began to move around in the seat. As he did so, officers observed an open container of alcohol on the front passenger seat. Stokes attempted to grab something and told officers he was reaching for his mouthwash. Officers were able to see a Ruger 9mm pistol in the cup holder. Also, 23 live rounds of 9mm ammunition and one spent shell casing were found in the vehicle. The gun was loaded with two live rounds of ammunition in the magazine. Officers learned that Stokes' drivers’ license had been revoked since 2015.
Due to three prior violent felony convictions for robberies in 1999, 2005, and 2010, Stokes is prohibited by federal law from possession of a firearm or ammunition. At sentencing, Stokes was determined to be an armed career criminal, which carries a 15 year mandatory minimum prison sentence.
On July 28, 2020, U.S. District Court Judge Mark S. Norris sentenced Stokes to 210 months in federal prison followed by 3 years supervised release. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said: "Our PSN efforts continue to provide targeted prosecution of the worst of the worst violent offenders in order to enhance public safety
in Memphis. This significant sentence removes an armed career criminal from the community, and sends a strong message that we will no longer tolerate this lawless behavior. We are FED UP with gun crime in Memphis, and will continue to aggressively prosecute prohibited and dangerous offenders with firearms. Gun Crime is Max Time."
This case was investigated by the Memphis Police Department, Project Safe Neighborhoods Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 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.
Assistant U.S. Attorney Raney Irwin prosecuted this case on behalf of the government.
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Acting Manhattan U.S. Attorney Files Lawsuit Against Jewelry Importer and Settles Claims Against Its Former President for Fraudulently Underreporting Value of Jewelry to Evade Customs DutiesRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, Brenda Smith, Executive Assistant Commissioner for U.S. Customs and Border Protection’s (“CBP”) Office of Trade, and Troy Miller, Director, CBP Field Operations New York, announced today that the United States has filed a civil fraud lawsuit against ANAYA GEMS, INC. (“ANAYA GEMS”), a company that sold jewelry to retailers and was previously based in Long Island City, New York, and its former president, ANSHUL GANDHI (“GANDHI”), for defrauding the United States by falsely underreporting to CBP the value of jewelry imported from Hong Kong and Thailand, and thereby avoiding customs duties owed on the goods. Specifically, the Government alleges that ANAYA GEMS did not report the value of the diamonds contained in the jewelry, or grossly understated their value. The Hong Kong and Thailand companies that assembled the finished jewelry shipped to ANAYA GEMS used diamonds that were obtained from India-based companies owned, operated, and/or controlled by GANDHI’s family members.
Simultaneous with the filing of the lawsuit, the United States has resolved the claims against GANDHI pursuant to a settlement agreement approved today by U.S. District Judge Edgardo Ramos. Under the settlement, GANDHI will pay $415,000 to the United States and made admissions regarding his conduct and the company’s conduct. Specifically, GANDHI admitted that ANAYA GEMS routinely and knowingly underpaid customs duties for jewelry containing diamonds imported from Hong Kong and Thailand. The amount paid by GANDHI under the settlement is based on the Office’s assessment of his ability to pay based on the financial information he provided. ANAYA GEMS is no longer operating.
Acting U.S. Attorney Audrey Strauss said: “Anaya Gems and its former president engaged in a fraudulent scheme to short-change the Government of customs duties owed for imported jewelry by falsely reporting its value. Our Office will continue to hold companies, as well as their executives, accountable when they try to evade paying the legally required custom duties on imported goods.”
Executive Assistant Commissioner Brenda Smith said: “U.S. Customs and Border Protection maintains a zero-tolerance policy for trade fraud and other unfair trade practices that undermine the competitiveness of U.S. businesses. Our auditors, attorneys, and analysts in New York played an important role in this investigation, and I want to recognize their outstanding work. We are proud to partner with the U.S. Attorney’s Office to level the playing field for legitimate traders by steadfastly enforcing U.S. trade laws.”
CBP Field Operations Director Troy Miller said: “This case is a great example of CBP’s historical mission of protecting the revenue of the United States and coincides with the 231st anniversary of the creation of the United States Customs Service. I would like to thank our partners for their efforts in this priority trade enforcement action.”
The Complaint filed in Manhattan federal court alleges that from 2010 through 2017, ANAYA GEMS and GANDHI engaged in a scheme to fraudulently underpay customs duties on jewelry containing diamonds imported from Hong Kong and Thailand. They carried out this scheme by causing false representations to be made concerning the value of the jewelry on entry documents filed with CBP, and by submitting invoices that did not reflect the true value of the jewelry. ANAYA GEMS’ own records reflected the fraudulent scheme, showing the difference between the true values of the jewelry and the false values that were declared to CBP, as well as the duty that ANAYA GEMS would have been required to pay if it had lawfully reported the actual value of the jewelry. In many instances, upon receipt of a shipment of jewelry from Hong Kong or Thailand, an ANAYA GEMS employee would handwrite on the manufacturer’s receipt the actual value of the diamonds contained in the imported merchandise so that the company could track this information. ANAYA GEMS then provided its customs broker with the versions of these invoices without the handwriting – and without the actual value of the diamonds – and the customs broker submitted those invoices to CBP.
As part of the settlement approved today by Judge Ramos, GANDHI admits, acknowledges, and accepts responsibility for the following conduct:
- As the president of the company during the period relevant to the Government’s allegations, GANDHI was closely involved in managing the day-to-day operations of ANAYA GEMS.
- ANAYA GEMS imported jewelry containing diamonds (the “Jewelry”) from manufacturers based in Hong Kong and Thailand (collectively, the “Manufacturers”). The diamonds used in the Jewelry assembled by the Manufacturers were obtained from companies that shared common ownership with ANAYA GEMS, including India-based companies Antrix Diamond Exports, Ltd., Shubh Exports, and Netaya Jewels PVT Ltd. (collectively, the “Diamond Suppliers”). GANDHI’s family members, including his father, owned, operated and/or controlled the Diamond Suppliers.
- The Manufacturers used the diamonds provided by the Diamond Suppliers to create the finished Jewelry that was exported to ANAYA GEMS. The Manufacturers were not billed for, and did not pay for, the diamonds that they used to assemble the finished Jewelry.
- ANAYA GEMS routinely and knowingly underpaid customs duties for the Jewelry imported from Hong Kong and Thailand. The entry documents submitted by ANAYA GEMS for the Jewelry imported from Hong Kong and Thailand were false. ANAYA GEMS regularly and knowingly misrepresented the actual value of the Jewelry on entry documents filed by its customs broker with CBP by not including the value of the diamonds, or grossly understating the value of the diamonds, contained in the Jewelry.
- ANAYA GEMS also, through its customs broker, submitted to CBP inaccurate invoices to support the declared values, which omitted the value of the diamonds or grossly understated the value of the diamonds.
- GANDHI was involved in pricing the Jewelry for purposes of selling the merchandise to retailers. When calculating the prices to sell merchandise to retailers, GANDHI and ANAYA GEMS staff used the actual value of the pieces – including the value of the diamonds – as opposed to the values reported to CBP.
- GANDHI was aware of ANAYA GEMS’ obligation to report the accurate value of the imported Jewelry to the CBP, which included the full value of any diamonds included in the Jewelry. GANDHI knew that the invoices used by ANAYA GEMS’ customs broker to record the value of the merchandise declared on the entry summary forms did not include the full value of the diamonds contained in the Jewelry. GANDHI was aware that ANAYA GEMS did not accurately report the value of Jewelry imported from Hong Kong and Thailand and that this resulted in the underpayment of customs duties that were due and owing to the United States.
In connection with the filing of the lawsuit and settlement, the Government joined a private whistleblower lawsuit that had previously been filed under seal pursuant to the False Claims Act.
Ms. Strauss thanked U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations for their assistance with the case.
The case is being handled by the Office’s Civil Frauds Unit. Assistant U.S. Attorney Jeffrey K. Powell is in charge of the case.
- As the president of the company during the period relevant to the Government’s allegations, GANDHI was closely involved in managing the day-to-day operations of ANAYA GEMS.
Saturday 1 August 2020
Winnebago Man Sentenced to 153 Months for Assault and Firearm ChargesRead the Press Release
United States Attorney Joe Kelly announced that Roman Perales, age 22, was sentenced in federal court today in Omaha, Nebraska, for assault with intent to commit any felony and discharging a firearm during and in relation to a crime of violence. United States District Judge Robert F. Rossiter, Jr. sentenced Perales to 153 months’ imprisonment. There is no parole in the federal system. Following Perales’s term of imprisonment, he will begin a 5-year term of supervised release.
On July 25, 2019, an altercation occurred outside of a residence in Winnebago, Nebraska. Perales was at the residence. Perales grabbed a .22 caliber rifle and fired it multiple times at individuals outside of the residence. A female victim was shot in the arm and bled from an open injury.
After shooting the first victim, Perales approached a second female. The second victim was in a vehicle at the time. The second victim told Perales that she was not involved in the altercation and just wanted to go home. Perales pointed the rifle at her face and threatened her. She believed that Perales was going to shoot her. Perales later fled the scene and hid the ammunition and the rifle.
On July 25, 2019, Perales was on federal supervised release for a prior felony conviction. Perales was previously convicted on June 15, 2015 of assault with intent to commit any felony, in the United States District Court for the District of Nebraska.
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.
The case was investigated by Federal Bureau of Investigations and the Winnebago, Nebraska Police Department.
Friday 31 July 2020
Whitefield Man Sentenced for Illegally Possessing FirearmRead the Press Release
Bangor, Maine: A Whitefield man was sentenced yesterday in federal court in Bangor for being a felon in possession of a firearm, United States Attorney Halsey B. Frank announced.
U.S. District Judge Lance E. Walker sentenced Samuel Caison, 36, to 105 months in prison and three years of supervised release. Caison pleaded guilty on January 7, 2020.
According to court records, on April 22, 2019, a Winthrop Police Department detective saw an individual, later identified as Caison, carrying what appeared to be a firearm wrapped up in material in Augusta. Caison placed the firearm in the trunk of a car. Officers with the Augusta Police Department later located Caison driving the car and pulled him over. Officers found a .22 caliber rifle in the trunk. Caison was prohibited from possessing the firearm due to multiple prior felony convictions, including convictions for robbery in 2005, aggravated assault and illegal possession of a firearm in 2010, and terrorizing in 2013.
The Augusta Police Department, the Winthrop Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. For more information about PSN, please visit http://www.justice.gov/psn.
Upshur County man admits to methamphetamine distributionRead the Press Release
ELKINS, WEST VIRGINIA – Jason Benton Barcus, of Ellamore, West Virginia, has admitted to methamphetamine distribution, U.S. Attorney Bill Powell announced.
Barcus, age 40, pled guilty to one count of “Possession with Intent to Distribute 50 grams or more of Methamphetamine.” Barcus admitted to distributing 50 grams or more of methamphetamine in March 2019 in Upshur County.Barcus faces not less than ten years and up to life incarceration and a fine of up to $10,000,000. 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 Brandon Flower is prosecuting the case on behalf of the government. The Mountain Lakes Drug & Violent Crimes Task Force investigated.
U.S. Magistrate Judge Michael John Aloi presided.
United States Attorney William M. McSwain Testifies before Presidential Commission on Law Enforcement and Administration of JusticeRead the Press Release
PHILADELPHIA – On July 21, 2020, United States Attorney William M. McSwain delivered testimony at a hearing before the Presidential Commission on Law Enforcement and Administration of Justice. He spoke on a panel addressing Respect for Law Enforcement and the Rule of Law, and addressed the negative impact that certain policies, enacted by some local district attorneys, are having on public safety, especially in large cities where violent crime is on the rise. These self-proclaimed “progressive prosecutors” are promoting a culture of disrespect for law enforcement and the rule of law, which has had the predictable effect of jeopardizing public safety. U.S. Attorney McSwain concluded that, in order to restore the public’s trust in law enforcement and ensure equal justice under the law, U.S. Attorneys have a responsibility to serve as a counter-weight to radical “reform” policies that are causing far more harm than good.
Remarks as Prepared for Delivery
Introduction
Thank you, Chairman Keith and thank you to the Commission for the important work you are doing on behalf of the Department. It is an honor to be here today to provide testimony on the importance of respect for law enforcement and the rule of law in our country.
I have served as the United States Attorney for the Eastern District of Pennsylvania since April 2018, and my Office is one of the nation’s largest U.S. Attorney’s Offices. We serve a population of over five million citizens and cover a geographic area of roughly 4,700 miles across nine counties in southeastern Pennsylvania – Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, and Philadelphia counties. In addition to the suburban and rural areas within the District’s borders, we serve five of Pennsylvania’s eight major cities: Philadelphia, Allentown, Reading, Bethlehem, and Lancaster. In our District, the criminal behavior that we encounter runs the gamut, with a mix of issues to confront: big-city problems, small-town problems, and everything in between.
Despite these differences, every law-abiding citizen wants the same thing – to live in a community that is safe for themselves and their families. This is why this Commission’s work is so critical: the study of crime, including its causal factors, is essential to reduce its prevalence.
President Trump’s Executive Order establishing this Commission directed it to study “important current issues facing law enforcement and the criminal justice system.”[1] One of the specific subjects identified for study was “refusals by the state and local prosecutors to enforce laws or prosecute categories of crime.”[2]
Which brings me to the topic of this hearing and my testimony today. Though respect for law enforcement and the rule of law are broad concepts, my testimony today will primarily focus on one important and troubling recent development – that is, the undeniable fact that the rule of law and law enforcement officers are currently under attack in many parts of our nation. In many cities and counties across the country, so-called progressive prosecutors have been elected on an agenda of sending fewer people to jail, by whatever means necessary, and with little regard for the public safety consequences.[3]
Philadelphia is, in many ways, ground zero for this experiment. But there are many other cities across the United States where the top local prosecutors are pushing progressive policies.[4] And in many of these cities, prosecutors are decriminalizing certain conduct, encouraging overly lenient plea bargaining, [5] firing career prosecutors who might not share their viewpoints,[6] and shifting significant resources away from prosecution and into conviction integrity units,[7] among other significant policy changes.
My testimony today focuses on the work we have done in the Eastern District of Pennsylvania to serve as a counter-weight to some of the worst excesses of this movement. In the two-plus years I have served as U.S. Attorney, I have worked to restore a culture of respect for law enforcement and to uphold the rule of law and ensure that it is enforced in a consistent, impartial manner. I believe that the steps we have taken in the Eastern District of Pennsylvania can serve as a model for other federal districts that are facing the predictable rise in crime and chaos that results from radical “reform” policies.
The Public Safety Crisis in Philadelphia and Its Root Causes
There can be no doubt that there is a public safety crisis in Philadelphia; one need only look to the staggering rise in serious violent crime in the past two-plus years as proof. The timing coincides with a decline in the number of local cases charged in several key categories and recently, a decline in the homicide clearance rate.[8]
In 2019, Philadelphia recorded its highest number of homicides since 2007, and more people were shot in Philadelphia in 2019 than in any other year since 2010, according to Philadelphia Police statistics. The 2020 numbers are on track to be even worse. As of July 12, 2020, there have been 227 homicides, a 28% increase from the same date in 2019, and 1,578 shooting incidents, a 55% increase from the same date in 2019. On Sunday, July 6, 2020, a staggering 23 people were shot across Philadelphia – the most in a single day in years. Of these victims, six of them died, including a six-year old boy.
These statistics undoubtedly establish the problem. And in Philadelphia and other large cities where murders and shootings continue to rise at an alarming rate,[9] one of the root causes is that criminals believe that there will be no consequences for their actions.
There are two main reasons why criminals think there are no consequences.
First, the local criminal justice system does not hold them fully accountable. Criminals bank on the fact that certain progressive policies – things like requiring assistant district attorneys to decline charges and to offer lenient plea deals in a broad swath of cases – will give them some breathing room to ply their trade.
Second, criminals believe they can commit crime without facing the consequences because the community is too often told that police are the enemy, which discourages witnesses from cooperating with the police and results in crimes remaining unsolved. This has grave consequences for the community. Such mistrust also results in deadly assaults on police officers – of which unfortunately, Philadelphia has had its fair share recently.
The culture of disrespect for law enforcement was on full display in front of a national audience this past August when Maurice Hill, a convicted felon with a long rap sheet, opened fire on Philadelphia police officers as they attempted to execute a search warrant. This confrontation left six officers wounded and a neighborhood in North Philadelphia traumatized. It is a miracle that every officer survived this attack.[10]
In March of this year, the Philadelphia police were not as fortunate. On March 13, 2020, Philadelphia Police Sergeant and SWAT member James O’Connor was gunned down while trying to arrest Hassan Elliot, a known affiliate of a dangerous drug gang who was wanted by local authorities for murder and multiple other offenses.[11]
And just last month, 27 Philadelphia Police Officers were injured after a period of violence, rioting, and looting that swept across several sections of Philadelphia. What began on May 30, 2020 as peaceful protests concerning the death of George Floyd turned violent, and over the course of several days, officers sustained injuries ranging from chemical burns, head injuries, and broken bones.[12] One officer was hospitalized after suffering severe damage to his upper body – a crushed shoulder and broken ribs – when a woman drove over him when protesters turned violent during a demonstration that look place at Seventh and Chestnut Streets – steps away from Independence Hall and my Office.
As tensions continue to mount between the police and the public, police officers remain on their heels, which gives violent criminals the room to operate that they seek. Criminals literally think they can get away with murder, shootings, looting, and rioting. And in many cases, they are.
EDPA’s Response to the Rise in Violent Crime and Culture of Lawlessness
The U.S. Attorney’s Office for the Eastern District of Pennsylvania is committed to stemming the wave of violent crime that is occurring in parts of our District. This section highlights the ways in which my Office has worked to promote the rule of law and respect for law enforcement.
1. Increase Focus on Violent Crime Prosecutions
The first strategy my Office has employed is to increase our violent crime prosecutions District-wide. For example, in Fiscal Year 2019, our Violent Crime Unit charged the largest number of cases in all of the Criminal Division Units in my Office. We charged 208 violent crime cases, as compared to 136 the year before, which represents a 53% increase.
And in Philadelphia’s most dangerous neighborhoods – police districts that are designated as “Project Safe Neighborhood” hot spots – federal prosecutions continue to rise. Project Safe Neighborhood (PSN) is a collaborative effort by federal, state, and local law enforcement agencies and prosecutors to deter and punish gang and gun violence. The Department of Justice’s PSN Strategy requires each District to identify PSN “target areas” with the highest violent crime rates and adopt cases for federal prosecution in those areas. In the Eastern District of Pennsylvania, our PSN target areas are all located in police districts in Philadelphia. In Fiscal Year 2019, my Office charged 143 violent crime and illegal gun possession cases (against 195 defendants) in PSN target areas as compared to 82 cases (against 92 defendants) charged in the previous year. That amounts to a 72% increase in the number of PSN cases this Office pursued and a 112% increase in the number of defendants prosecuted.
To manage the increase in caseload, the Office has dedicated additional resources to our Violent Crime Unit. In addition to adding multiple Assistant U.S. Attorneys to the Unit, this past year, we earmarked our District’s PSN grant funds to hire two experienced prosecutors from the Criminal Law Division of the Pennsylvania Attorney General’s Office who are stationed full-time in our Violent Crime Unit, working solely on cases in the PSN target areas. We are currently in the process of hiring a third full-time attorney. These cross-designated Special Assistant United States Attorneys have served as a force multiplier in our fight against rising violent crime.
2. Seize Opportunities to Take on High Impact Cases that Serve Deterrence
My Office has also been involved in a variety of impactful criminal and civil cases and remains at the forefront of many important areas of federal law enforcement. In the face of the uncertainty created by district attorneys and city leaders who advocate pro-violent defendant policies, it is important for federal prosecutors to show the public – law abiding citizens and would-be criminals alike – that federal law enforcement will step in to fill the law enforcement vacuum. Doing so has an important deterrent effect.
For example, my Office charged a criminal case against Jouvan Patterson, who shot and nearly killed a Cambodian store owner in South Philadelphia with an AK-47 during a store robbery. We charged Patterson federally after he received an overly lenient plea deal from local authorities. Even though the victim is confined to a wheelchair, the plea deal he received on the state charge could have meant that Patterson would serve as little as 3 ½ years in prison. He faces a much longer, more appropriate sentence in our case.
In the wake of statements by Philadelphia leaders that suggested plans of leniency toward the rioters and looters who turned peaceful protests over George Floyd’s death into mayhem, my Office has offered a swift response. For example, we charged Lore-Elisabeth Blumenthal with two counts of arson after allegedly setting two Philadelphia police cars on fire in front of City Hall on May 30. We have also brought charges against defendants accused of taking advantage of the unrest by, among other things, blowing up ATM machines and burglarizing banks, and we have many active, ongoing investigations that we expect will lead to many more arrests.
In the civil context, my Office filed a civil lawsuit to prevent the opening in Philadelphia of the first-ever supervised heroin injection site in the United States. Those who support such injection sites – including some city officials – are attempting an end-run around the federal Controlled Substance Act (CSA). The case is currently on appeal before the U.S. Court of Appeals for the Third Circuit, and we expect a decision later this year.
3. Communicate Support for the Police and Share Our Deterrent Message with the Public
The progressive prosecutor reform movement has garnered significant media attention across the country. The best way to counter disrespect for law enforcement and the rule of law is to publicly challenge those who promote an anti-law enforcement culture. It is important for federal prosecutors to speak out when public safety is at risk and to support our federal, state, and law enforcement officers whenever possible.
One of the first things I did when I began my tenure as U.S. Attorney was to form a new unit called the Office of Public Affairs and External Engagement (OPAEE). OPAEE is designed to promote transparency with the community, foster relationships with law enforcement stakeholders and the public, and work with community groups on deterrence initiatives and crime prevention.
My Office has increased transparency in a number of ways. For example, I appear and speak to civic, legal, and law enforcement groups whenever possible, and take every opportunity to publicly communicate my steadfast support of the police. When significant local events occur that have a negative impact on law enforcement efforts, I share my views with the community we serve. In addition, I recently launched an anti-violence campaign across the District to deter violent crime by raising public awareness about the types of federal criminal charges that can be brought when firearms are involved. The campaign, #fedcrimegetsfedtime, features public service announcements encouraging would-be offenders to put the guns down and make the right choice for their future.
Conclusion
As senior Department of Justice officials, U.S. Attorneys have a platform and a voice to stand up for the rule of law and respect for law enforcement, which go hand-in-hand. We should use that platform responsibly and forcefully and serve as a counter-weight to radical “reform” policies that threaten public safety. As Attorney General Barr has put it, the first duty of the government is to protect the safety of our citizens. The law is the foundation of our society, and we at the Department are the caretakers of the law. By upholding the law, we make possible the common life of our nation and the freedom, safety, and equality under the law that define our country.
[1] Exec. Order No. 13896, 84 Fed. Reg. 58595 (2019), www.federalregister.gov/documents/2019/11/01/2019-24040/commission-on-law-enforcement-and-the-administration-of-justice.
[2] Id.
[3] See Emily Bazelon & Miriam Krinsky, There’s a Wave of New Prosecutors. And They Mean Justice, N.Y. Times (Dec. 11, 2018), http://www.nytimes.com/2018/12/11/opinion/how-local-prosecutors-can-reform-their-justice-systems.html.
[4] See Mark Berman, These Prosecutors Won Office Vowing to Fight the System. Now, the System is Fighting Back, Wash. Post (Nov. 9, 2019), https://www.washingtonpost.com/national/these-prosecutors-won-office-vowing-to-fight-the-system-now-the-system-is-fighting-back/2019/11/05/20d863f6-afc1-11e9-a0c9-6d2d7818f3da_story.html. The nearly two dozen prosecutors who consider themselves in this category include Chesa Boudin (District Attorney of San Francisco, California); John Creuzot (District Attorney of Dallas County, Texas); Kim Foxx (State’s Attorney of Cook County, Illinois (Chicago)); Eric Gonzalez (District Attorney of Brooklyn, New York); and Rachael Rollins (District Attorney of Suffolk County, Massachusetts (Boston)).
[5] See, e.g., The Rachel Rollins Policy Memo (Mar. 2019), http://files.suffolkdistrictattorney.com/The-Rachael-Rollins-Policy-Memo.pdf. (last visited July 19, 2020).
[6] See, e.g., Gabe Dreschler, Why Did San Francisco’s New District Attorney Fire Seven Prosecutors?, KQED News, (Jan. 12, 2020), https://www.kqed.org/news/11795676/why-did-san-franciscos-new-district-attorney-fire-seven-prosecutors.
[7] Chicago District Attorney Kim Foxx revamped Cook County’s Conviction Integrity Unit, which to date, has reversed convictions of over 20 defendants. https://www.law.upenn.edu/live/profiles/1248-kimberly-m-foxx/profiles/quattroneadvisory (last visited July 19, 2020).
[8] The Philadelphia District Attorney’s Public Data Dashboard provides statistics relating to charges filed and outcomes across various types of criminal offenses. Examining the Year-to-Date Count of Cases Charged by Offense Category, as of July 17, 2020, the Dashboard reports that the District Attorney’s Office charged 30% fewer cases overall as compared to the same time period in 2019. It also reports 20% fewer violent crime cases charged, 48% fewer drug cases charged, and 31% fewer retail theft cases as compared to the same time period in 2019. https://data.philadao.com/Charge_Report.html (last visited July 19, 2020). And in reporting case outcomes year-to-date (January 1, 2020 to July 17, 2020) as compared to the same time in 2019, the Dashboard reports a decrease in outcomes (defined as “the various ways a criminal case can end”) in several key categories of cases charged. For example, in the category of violent offenses, case outcomes have decreased 53 percent. When broken down further, case outcomes in the category of robberies with a gun are down 65 percent; and homicide outcomes are down 62 percent. https://data.philadao.com/Case_Outcomes_Report.html (last visited July 19, 2020).
[9] Safia Samee Ali, Gun Violence Is Surging in Cities, and Hitting Communities of Color Hardest, NBC News (July 9, 2020) (discussing rise in shootings and homicides in Philadelphia, Chicago, and other major cities), https://www.nbcnews.com/news/us-news/gun-violence-surging-cities-hitting-communities-color-hardest-n1233269.
[10] Statement by United States Attorney William M. McSwain on the Shooting of Six Philadelphia Police Officers (Aug. 15, 2019), https://www.justice.gov/usao-edpa/pr/statement-united-states-attorney-william-m-mcswain-shooting-six-philadelphia-police.
[11] Statement of William M. McSwain Regarding the Murder of Philadelphia Police Corporal James O’Connor (Mar. 16, 2020), https://www.justice.gov/usao-edpa/pr/statement-us-attorney-william-m-mcswain-regarding-murder-philadelphia-police-corporal.
[12] See Fox29 News, Commissioner: 768 Arrests, 27 Officers Injured in Continued Violence in Philadelphia (June 7, 2020), https://www.fox29.com/news/commissioner-768-arrests-27-officers-injured-in-continued-violence-around-philadelphia.