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17 September 2020
Former Veterans Affairs Doctor Pleads Guilty to Three Civil Rights OffensesRead the Press Release
WASHINGTON — A doctor of osteopathic medicine who formerly worked at the Veterans Affairs (VA) Medical Center in Beckley, West Virginia, pleaded guilty today to three counts of depriving veterans of their civil rights under color of law by sexually abusing them.
Jonathan Yates, 51, of Bluefield, Virginia, was previously indicted on five counts of depriving veterans of their civil rights under color of law, in violation of Title 18, U.S. Code, Section 242, and two counts of abusive sexual contact, in violation of Title 18, U.S. Code, Section 2244(b).
At the change of plea hearing held today before U.S. District Judge Frank W. Volk, Yates admitted that he rubbed the genitals of two veterans, and digitally penetrated a third veteran’s rectum under the guise of legitimate medicine, when in fact he acted without a legitimate medical purpose. This conduct, performed while Yates was acting under color of law in his capacity as a VA physician and a federal employee, deprived the veterans of their constitutional right to bodily integrity and caused them pain. According to the plea documents, the veterans had sought treatment from Yates to manage chronic pain through osteopathic manipulative therapy.
“This doctor abused his position of trust by preying on veterans who came to him for medical treatment,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “As this prosecution demonstrates, he will now be held accountable for using his position as a VA physician to deceive and molest his patients.”
“By virtue of today’s plea agreement, Yates stands convicted of heinous criminal acts committed against military veterans who served our country honorably and with great sacrifice,” said U.S. Attorney Mike Stuart for the Southern District of West Virginia. “Throughout this matter, from the commencement of this investigation to today’s plea, our focus has been on seeking justice for these veterans by holding Yates accountable for these terrible acts.”
“What occurred at the Beckley VA Medical Center is particularly despicable because this abuse was at the hands of a doctor who was entrusted with providing compassionate and supportive care to veterans,” said VA Inspector General Michael J. Missal. “The result today was due to the tireless and dedicated efforts of the VA OIG investigators and our law enforcement partners. This doctor will no longer be able to prey on the trust of those who have dedicated their lives in service to our nation.”
Yates is scheduled for sentencing on Jan. 4, 2021. He faces a statutory maximum sentence of 30 years in prison.
The case was investigated by the FBI, the Department of Veterans Affairs Office of Inspector General, and the VA Police Department. The case is being prosecuted by Special Litigation Counsel Samantha Trepel and Trial Attorney Kyle Boynton of the Civil Rights Division of the U.S. Department of Justice, Assistant U.S. Attorney Greg McVey of the Southern District of West Virginia, and Assistant Chief Kilby MacFadden of the Fraud Section of the U.S. Department of Justice.
Related court documents and information may be found on the website of the District Court for the Southern District of West Virginia at http://www.wvsd.uscourts.gov/ or on http://pacer.wvsd.uscourts.gov/
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Former Veterans Affairs Doctor Pleads Guilty to Three Civil Rights OffensesRead the Press Release
A doctor of osteopathic medicine who formerly worked at the Veterans Affairs (VA) Medical Center in Beckley, West Virginia, pleaded guilty today to three counts of depriving veterans of their civil rights under color of law by sexually abusing them.
Jonathan Yates, 51, of Bluefield, Virginia, was previously indicted on five counts of depriving veterans of their civil rights under color of law, in violation of Title 18, U.S. Code, Section 242, and two counts of abusive sexual contact, in violation of Title 18, U.S. Code, Section 2244(b).
At the change of plea hearing held today before U.S. District Judge Frank W. Volk, Yates admitted that he rubbed the genitals of two veterans, and digitally penetrated a third veteran’s rectum under the guise of legitimate medicine, when in fact he acted without a legitimate medical purpose. This conduct, performed while Yates was acting under color of law in his capacity as a VA physician and a federal employee, deprived the veterans of their constitutional right to bodily integrity and caused them pain. According to the plea documents, the veterans had sought treatment from Yates to manage chronic pain through osteopathic manipulative therapy.
“This doctor abused his position of trust by preying on veterans who came to him for medical treatment,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “As this prosecution demonstrates, he will now be held accountable for using his position as a VA physician to deceive and molest his patients.”
“By virtue of today’s plea agreement, Yates stands convicted of heinous criminal acts committed against military veterans who served our country honorably and with great sacrifice,” said U.S. Attorney Mike Stuart for the Southern District of West Virginia. “Throughout this matter, from the commencement of this investigation to today’s plea, our focus has been on seeking justice for these veterans by holding Yates accountable for these terrible acts.”
“We are pleased with the outcome of this investigation,” said FBI Pittsburgh Special Agent in Charge Michael Christman. “These cases are tough to work and the facts of this case are appalling. The patients and their families at this hospital expected and deserved better care and instead were caused both physical and mental injuries. Accepting the charges against him and pleading guilty allows the victims and their families to not have to relive the abuse during a trial, but still find some form of justice.”
“What occurred at the Beckley VA Medical Center is particularly despicable because this abuse was at the hands of a doctor who was entrusted with providing compassionate and supportive care to veterans,” said VA Inspector General Michael J. Missal. “The result today was due to the tireless and dedicated efforts of the VA OIG investigators and our law enforcement partners. This doctor will no longer be able to prey on the trust of those who have dedicated their lives in service to our nation.”
Yates is scheduled for sentencing on Jan. 4, 2021. He faces a statutory maximum sentence of 30 years in prison.
The case was investigated by the FBI, the Department of Veterans Affairs Office of Inspector General, and the VA Police Department. The case is being prosecuted by Special Litigation Counsel Samantha Trepel and Trial Attorney Kyle Boynton of the Civil Rights Division of the U.S. Department of Justice, Assistant U.S. Attorney Greg McVey of the Southern District of West Virginia, and Assistant Chief Kilby MacFadden of the Fraud Section of the U.S. Department of Justice.
Related court documents and information may be found on the website of the District Court for the Southern District of West Virginia at http://www.wvsd.uscourts.gov/ or on http://pacer.wvsd.uscourts.gov/
Former Paramedic Pleads Guilty to Stealing, Diluting Ambulance DrugsRead the Press Release
SPRINGFIELD, Mo. – A former emergency medical technician at Mercy Medical Center pleaded guilty in federal court today to stealing fentanyl and hydromorphone from dozens of vials used by ambulances in Carthage and Mount Vernon, Missouri, and replacing the drugs with saline or water solution.
“A former paramedic abused his position of trust by stealing and diluting drugs that were meant to ease the pain of those he was responsible to aid in an emergency,” Garrison said. “He should rightly be held to a high standard, and will be held accountable for his criminal actions.”
“The FDA oversees the U.S. drug supply to ensure that they are safe and effective, and those who knowingly tamper with medicines put patients’ health at risk,” said Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations Kansas City Field Office. “We will continue to protect the public health and bring to justice health care professionals who take advantage of their unique position and compromise their patients’ health and comfort by tampering with needed drugs.”
James Poole, 37, of Webb City, Missouri, waived his right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to a federal information that charges him with one count of tampering with a consumer product.
On Jan. 23, 2020, paramedics with Mercy Medical Center in Carthage, Mo., noticed what appeared to be puncture marks on a fentanyl vial that was being used to administer the pain-killing medication to a patient. Paramedics then reported a second incident in which they drew fentanyl from a vial, into a syringe, and observed that there was not enough fluid in the vial to administer a dose to the patient.
The remaining narcotics in the ambulances and the office stock were examined by officials at Mercy Carthage EMS, who observed that the fentanyl and hydromorphone on the ambulances and in the office stock appeared to have visible signs of tampering. The Mount Vernon Mercy EMS facility supplies were also examined since the facility is a sister ambulance location to the Carthage facility, with the same paramedics working at both locations. Officials observed signs of tampering for one fentanyl vial that were similar to those observed at the Carthage facility.
On the same day, officials with Mercy Medical Center in Springfield, Mo., contacted the Federal Drug Administration-Office of Criminal Investigations. Mercy Medical Center officials reported that 26 fentanyl and 43 hydromorphone vials appeared to have physical signs of tampering. Officials with Mercy Medical Center had the vials that were identified as being tampered with tested, and lab reports revealed that the vials had some of their original contents replaced with either saline or water solution.
Supervisors and other personnel were drug tested on the date the tampering was discovered, and Poole tested positive for norfentanyl, an analog of fentanyl.
Poole admitted that he was an opioid addict and had been since he was injured in an ambulance accident in December 2018. Poole admitted that he tampered with and stole 50mcg fentanyl on an EMS call that he responded to approximately three weeks earlier, on Jan. 1, 2020, before the additional tampering was discovered and he was drug tested. Poole admitted he documented giving a patient with abdominal pain 100 mcg of fentanyl, but tampered with the dosage by only administered 50 mcg to the patient. Poole stole the syringe with the remaining narcotic and injected himself with the remaining fentanyl after his shift.
Under federal statutes, Poole is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the Food and Drug Administration – Office of Criminal Investigations.
Former Medical Practice Office Manager Sentenced for Stealing Controlled SubstancesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kristy Brucz, 35, of Buffalo, NY, who was convicted of obtaining a controlled substance by fraud, was sentenced by U.S. District Judge Elizabeth A. Wolford to serve two years’ probation and to pay restitution totaling $1,911.23.
Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that between 2015 and March 28, 2018, the defendant was an employee and office manager for a Williamsville physician. In that position, Brucz was given access to the physician’s prescription pad and a New York State issued controlled substance electronic prescribing hard token (prescribing token) and its related passwords, which allowed the defendant to issue prescriptions, and submit them to pharmacies, on the physician’s behalf.
Between 2015 and March 2018, Brucz, without the physician’s authorization, issued, or caused to be issued, 166 fraudulent prescriptions using the physician’s name, the physician’s prescription pad, and prescribing token. The prescriptions were issued in either Brucz’s name, the names of associates, or fictitious individuals. The defendant then filled the prescriptions, totaling approximately 11,885 dosage units, from various local pharmacies, and diverted them for her personal use. The controlled substances included hydrocodone and oxycodone.
The defendant’s scheme was discovered in March of 2018, as Brucz attempted to fill a prescription at a Rite Aid Pharmacy. The pharmacist questioned the legitimacy of the prescription and contacted the physician for whom defendant worked. That inquiry ultimately led to the discovery of defendant’s fraud and her firing from the physician’s office.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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Former Hatboro Pastor Sentenced to 200 Years for Sexually Abusing and Recording the Abuse of an Infant and Young GirlRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Jerry Zweitzig, 71, of Hatboro, PA, was sentenced to 200 years in prison and lifetime supervised release by United States District Court Judge Wendy Beetlestone for manufacturing and attempted manufacturing of child pornography. The charges stemmed from the defendant’s sexual abuse of an infant and a young girl under ten years of age, both of whom were in the defendant’s care at the time of the abuse. Zweitzig was a pastor at the Horsham Bible Church at the time of the abuse. He was sentenced for the charges in both cases today.
In the case involving the young girl, Zweitzig pleaded guilty to five counts of manufacturing and attempted manufacturing of child pornography and one count of possession of child pornography. The charges arose from the defendant’s sexual exploitation of the girl over a period of years, his photographing and videotaping of this sexual abuse, and his collection of more than 10,000 images of child pornography involving thousands of other children on four different hard drives found in his home. According to court documents, the collection included disturbing images of prepubescent children being raped by adult males, forced oral sex on babies and young girls by adult men and women, and insertion of objects into children – many of which show children crying and clearly in pain.
In the case involving the infant, Zweitzig pleaded guilty to one count of manufacturing and one count of attempted manufacturing of child pornography. The charges were based on a video that the defendant made in 2010 that depicts an infant under six months of age being coaxed to suck on adult male genitalia. In the video, Zweitzig’s voice can be heard repeatedly saying: “that’s a good boy.”
“The level of depravity in these cases leaves me almost speechless,” said U.S. Attorney McSwain. “I will simply say this: today’s sentence ensures that Zweitzig will die in prison, which is probably a better fate than he deserves.”
“Safeguarding children from being victimized by predators is a top priority for Homeland Security Investigations,” said Brian A. Michael, Special Agent in Charge of Homeland Security Investigations Philadelphia. “Mr. Zweitzig’s behavior is deplorable, and the exploitation of children is inexcusable. HSI special agents and our law enforcement partners will relentlessly pursue child predators, in every form, and ensure those who commit these atrocious crimes are brought to justice.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (“CEOS”), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations, the Horsham Police Department, and the Montgomery County District Attorney’s Office. It is being prosecuted by Assistant United States Attorney Eric L. Gibson.
Former General Counsel and Chief Business Officer for Financial Technology Company Charged with Wire FraudRead the Press Release
SAN FRANCISCO – Brooke Campbell Solis appeared today in U.S. Magistrate Court for arraignment and an initial federal court appearance on a criminal complaint charging her with wire fraud in connection with a scheme to embezzle funds from her former employer announced United States Attorney David L. Anderson and FBI Special Agent in Charge John F. Bennett. She appeared before U.S. Magistrate Judge Virginia K. DeMarchi.
According to the complaint, Solis, 49, of Austin, Texas, is a licensed attorney. From January 2018 until July 2019, Solis was the General Counsel and then Chief Business Officer of a financial technology company registered to do business in the State of California. While employed with the technology company, Solis telecommuted from her home in Austin to her employer’s principal place of business in San Francisco.
The complaint describes how Solis allegedly diverted funds from her employer and paid the diverted funds to shell companies and entities controlled by Solis and her husband. For example, Solis controlled a shell company named The Paralegal Group LLC. The company was incorporated in Delaware and Solis was listed as the sole member. Bank records and additional vendor records identify Solis as the person controlling The Paralegal Group. The complaint alleges Solis submitted fraudulent invoices in the name of The Paralegal Group and then arranged for her employer to pay the invoices to the shell company. According to the complaint, there is no evidence The Paralegal Group ever provided any services to Solis’s employer and certain records typically associated with running a true business do not exist for The Paralegal Group.
In another aspect of the embezzlement scheme, Solis used “super administrative privileges” to receive an illegitimate reimbursement payment from her employer. The super administrative privileges had been granted by her employer to assist Solis to exercise her legitimate job responsibilities. Nevertheless, Solis used the privileges to improperly submit and approve payment for expenses without review from other employees or executives working for the employer. For example, in July of 2019, two days after Solis’s employment was terminated, she submitted a personal expense of $4,575 for “Jackson and Oliver boarding.” In this example, Solis self-approved expenses for 61 days of dog boarding. The criminal complaint explains that Solis used her access to her employer’s expense approval software even after her employment was terminated and, as of the signing of the complaint, no records for the boarding company could be found.
In sum, Solis is charged with two counts of wire fraud, in violation of 18 U.S.C. § 1343.
Solis pleaded not guilty. Magistrate Judge DeMarchi ordered Solis released on a $150,000 bond and scheduled her next court appearance for October 22, 2020, at 10:30, for a preliminary examination.
A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Solis faces a maximum statutory penalty of twenty years in prison for each count of wire fraud. The court also may order an additional term of supervised release, fines 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.
The case is being prosecuted by the Corporate Fraud Strike Force. The prosecution is the result of an investigation by the FBI.
Former Foreign Exchange Trader Sentenced to Prison for Price Fixing and Bid RiggingRead the Press Release
Akshay Aiyer, a former currency trader at a major multinational bank, was sentenced to serve eight months in jail and ordered to pay a $150,000 criminal fine for his participation in an antitrust conspiracy to manipulate prices for emerging market currencies in the global foreign currency exchange (FX) market, the Justice Department announced today.
On Nov. 20, 2019, Aiyer was convicted after a three-week jury trial in the U.S. District Court for the Southern District of New York for conspiring to fix prices and rig bids in Central and Eastern European, Middle Eastern, and African (CEEMEA) currencies, which were generally traded against the U.S. dollar and the euro, from at least October 2010 through at least January 2013.
“Today’s sentence, including prison time, serves as yet another reminder of the consequences for those who cheat and compromise the integrity of the global financial markets,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “This case, which the Antitrust Division litigated, is another step forward in the department’s ongoing commitment to prosecute and deter cartels in the financial markets that harm American consumers.”
“Today’s sentencing demonstrates the gravity of the defendant’s egregious behavior to manipulate emerging market currencies, as well as the importance of bringing him to justice,” said FDIC Inspector General Jay N. Lerner. “This extensive conspiracy represents a serious breach of trust with both his clients and the major multinational bank for whom he worked. We appreciate the cooperation of our law enforcement partners, and we remain committed to investigate such unscrupulous crimes that impact the integrity of our banking sector.”
According to evidence presented at trial, the defendant engaged in near-daily communications with his co-conspirators by phone, text, and through an exclusive electronic chat room to coordinate their trades of the CEEMEA currencies in the FX spot market. The jury heard evidence that the defendant and his co-conspirators manipulated exchange rates by agreeing to withhold bids or offers to avoid moving the exchange rate in a direction adverse to open positions held by co-conspirators and by coordinating their trading to manipulate the rates in an effort to increase their profits. By agreeing not to buy or sell at certain times, the conspiring traders protected each other’s trading positions by withholding supply of or demand for currency and suppressing competition in the FX spot market for emerging market currencies. They also heard evidence that the defendant and his co-conspirators took steps to conceal their actions by, among other steps, using code names, communicating on personal cell phones during work hours, and meeting in person to discuss particular customers and trading strategies.
The Antitrust Division has charged five companies and six individuals in its investigation of collusion in the FX spot market. On May 20, 2015, four major banks – Citicorp, JPMorgan Chase & Co., Barclays PLC, and The Royal Bank of Scotland plc – pleaded guilty and agreed to collectively pay more than $2.5 billion in criminal fines for their participation in an antitrust conspiracy in the euro-U.S. dollar FX spot market. On Jan. 25, 2018, BNP Paribas USA, Inc. pleaded guilty and agreed to pay a $90 million criminal fine for its participation in an antitrust conspiracy involving emerging market FX prices. On Jan. 4, 2017 and Jan. 12, 2017, plea agreements were announced for two former traders in connection with an antitrust conspiracy involving emerging market FX prices.
The sentence announced today is a result of an ongoing investigation into collusion in the financial markets, which is being conducted by the Antitrust Division’s New York Office, FDIC Office of Inspector General, and the FBI’s Washington Field Office. The Criminal Division’s Fraud Section also provided substantial assistance in this matter. Anyone with information on price fixing, bid rigging, or other anticompetitive conduct in the financial markets should contact the Antitrust Division’s New York Office at 212-335-8000 or visit www.justice.gov/atr/contact/newcase.html.
Five Individuals Face Federal Charges for Damaging U.S. Courthouse During May 30, 2020 Protest in Las VegasRead the Press Release
LAS VEGAS, Nev. — U.S. Attorney Nicholas A. Trutanich for the District of Nevada, Special Agent in Charge Aaron C. Rouse for the Federal Bureau of Investigation (FBI), U.S. Marshal Gary Schofield, and Sheriff Joseph Lombardo of the Las Vegas Metropolitan Police Department (LVMPD) announced today that five individuals are facing federal charges for causing damage to the Foley Federal Building and U.S. Courthouse on May 30, 2020.
“Agitators at the May 30 protest in downtown Las Vegas allegedly damaged a federal courthouse and threatened to attack a law enforcement officer,” said U.S. Attorney Trutanich. “These cases should reinforce that our office will protect lawful First Amendment activity — while also upholding the rule of law by prosecuting those who would incite and escalate violence, vandalism, and destruction.”
“The FBI’s mission is to uphold the Constitution, which includes freedom of speech and the right to assemble,” said Special Agent in Charge Rouse. “A line was crossed in what was intended to be a peaceful protest in Las Vegas and federal property was destroyed as a result of the alleged actions of these subjects. We will continue working with our federal, state and local partners to ensure that those that destroy parts of our city are held accountable."
“The United States Marshals have protected the Federal Judiciary since 1789. This investigation is part of a joint effort by many agencies,” said Marshal Schofield. “These arrests ensure that the community continues to have unfettered access to Justice.”
Alejandro
Avalos (28), Alexander Kostan (21), Reginald Lewis (19), Kelton K. Simon (34), and Jeanette R. Wallace (24), all of Las Vegas, have been each charged in separate criminal complaints with one count of depredation against property of the United States.As alleged in court documents, on the evening of May 30, 2020, a protest in front of the federal buildings in downtown Las Vegas following the May 25th death of George Floyd in Minneapolis, MN became boisterous. Fireworks were set off, walls were spray painted with obscenities and graffiti, and small bushes were lit on fire. Several individuals went to the east entrance of the Foley Federal Building and U.S. Courthouse (FFB), threw paint on the windows, and kicked and struck the windows with objects. According to an off-duty Federal Protective Service Protection Security Officer who was stationed inside the FFB that night, the crowd could see him inside the building and he could hear persons saying, “Get him!” and “Get the cop!”
Additional police units arrived at the FFB and the crowd was ultimately dispersed. The cost of repairing and cleaning up the damage done to the FFB was estimated to be about $71,335.72.
With respect to the five individuals facing federal charges:
- Footage captured by surveillance cameras at the FFB, as well as social media videos, show Avalos striking the building’s windows with a blue metal bar, and breaking at least one window.
- Kostan repeatedly kicked the FFB’s windows.
- Simon repeatedly threw what appears to be a metal object, in the shape of the letter “N,” at the FFB windows. Metal letters that had been attached to the FFB’s exterior were torn off by the crowd.
- Wallace picked up and threw what appeared to be rocks and a paint can at FFB windows.
- Lewis repeatedly kicked FFB windows and doors.
Avalos, Kostan, Lewis, Simon, and Wallace have all been arraigned in federal court. If convicted, each defendant faces a statutory maximum penalty of 10 years in prison and a $250,000 fine. The sentencing of a defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
A criminal complaint is a formal accusation of criminal conduct for purposes of establishing probable cause, not evidence of guilt. Every defendant is presumed innocent unless and until proven guilty in a court of law.
These five cases are the product of an investigation by the FBI's Las Vegas Violent Crimes Task Force and LVMPD. Assistant U.S. Attorneys Lisa Cartier-Giroux and Kimberly Sokolich are prosecuting the cases.
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Five Essex County Men Charged with Drug Distribution in Reservoir Site Townhouses in NewarkRead the Press Release
NEWARK, N.J. – Five Essex County men have been arrested today and charged with distribution of heroin, fentanyl and cocaine in and around the Reservoir Site Townhouses in Newark, U.S. Attorney Craig Carpenito announced.
Arrested today and charged by complaint are:
- Dayvon Rogers, 29, of Newark, two counts of distribution of cocaine in August and September 2020;
- Rasheed Gilbert, 27, of East Orange, one count of distribution of cocaine in January 2020, and one count of distribution of heroin and cocaine in January 2020;
- Naim Frazier, 32, of Newark, one count of distribution of heroin and fentanyl in January 2020;
- Rahjohn Montgomery, 27, of East Orange, one count of distribution of heroin in January 2020, and one count of distribution of heroin, fentanyl, and cocaine in June 2020; and
- Rasheen Thomas, 25, of Newark, one count of distribution of heroin and cocaine in June 2020, three counts of distribution of heroin and cocaine in July 2020, and two counts of distribution of heroin and cocaine in August 2020.
The defendants are scheduled to appear by videoconference this afternoon before U.S. Magistrate Judge Mark Falk.
According to the documents filed in this case and statements made in court:
The defendants sold narcotics in and around the Reservoir Site Townhouses in Newark, selling to individuals who were confidential informants working with law enforcement. The narcotics sales were documented through audio and video recordings, text messages, and physical surveillance.
Each count in the complaints carries a maximum penalty of 20 years in prison and a fine of $1 million.
U.S. Attorney Carpenito credited special agents of the FBI, Newark Division, under the direction of Special Agent in Charge George M. Crouch Jr.; the Newark Police Department, under the direction of Public Safety Director Anthony F. Ambrose; Essex County Sheriff’s Office, under the direction of Sheriff Armando B. Fontoura; the East Orange Police Department, under the direction of Chief Phyllis Bindi: and Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II, with the investigation leading to the charges.
This investigation is part of the Violent Crime Initiative (VCI) in Newark. The Newark VCI was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety for the sole purpose of combatting violent crime in and around the Newark. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI includes the U.S. Attorney’s Office, the DEA, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, the U.S. Marshals, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, New Jersey State Parole Board, New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center, and New Jersey Department of Corrections.
The government is represented by Assistant U.S. Attorneys Emma Spiro and Jonathan W. Romankow of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
The charges and allegations contained in the complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Feds Charged Seven for Meth Trafficking in Owensboro AreaRead the Press Release
OWENSBORO, Ky. – Seven defendants have been charged by a federal Grand Jury for dealing methamphetamine in and around Owensboro, Kentucky, announced United States Attorney Russell Coleman.
“Meth is poison. It destroys lives and wrecks families,” said U.S. Attorney Russell Coleman. “Deal it in Daviess County and our Pennyrile Region and expect federal prosecution and significant time in federal prison.”
According to a federal indictment, James Frasier, 39, of Henderson, Kentucky, has been charged with conspiracy to possess with intent to distribute and distribution of methamphetamine. According to the indictment, as early as September 23, 2019, and continuing through December 20, 2019, Frasier conspired with others to distribute methamphetamine. If convicted, the charge carries no less than a mandatory 10 years in federal prison. He also faces a charge of distribution of methamphetamine. The second charge carries a mandatory minimum sentence of 5 years. There is no parole in the federal system.
Christopher Raley, 31, of Owensboro, Kentucky, has been charged in a separate federal indictment with two charges. He is charged with possession with intent to distribute 50 grams or more of methamphetamine, a charge that carries no less than 5 years imprisonment. Raley is also charged with possession of a firearm by a prohibited person, for his possession of a Glock, model 19, 9 millimeter handgun and ammunition. Raley was previously convicted of trafficking in methamphetamine in 2016 and receiving stolen property in 2015, both felonies. The charge carries a penalty of no more than 10 years, if convicted.
Arthur J. Abbeduto, 26, of Whitesville, Kentucky, has been charged in a single count indictment. According to the indictment, on or about July 19, 2019, he knowingly possessed with intent to distribute 500 or more grams of a mixture containing a detectable amount of methamphetamine. The charge carries no less than 10 years in federal prison, if convicted.
Stephen Autry, 44, of Owensboro, Kentucky; Christina Ray, 35, of Owensboro, Kentucky; and George Quarles, 45, of Hopkinsville, Kentucky, are all charged in a single count indictment with conspiracy to possess with intent to distribute and distribution of methamphetamine. According to the indictment, beginning on at least January 24, 2020, and continuing up to and through February 11, 2020, the three knowingly and intentionally conspired with one another and others to possess with intent to distribute and distribute 50 grams or more of methamphetamine. If convicted, the charge carries no less than 10 years in federal prison.
One other defendant has been charged by federal criminal complaint. David E. Brown, 43, of Henderson, Kentucky, faces charges for possession with intent to distribute methamphetamine and possession of a firearm by a prohibited person. According to the complaint, in a post-Miranda interview, Brown admitted to trafficking and distributing multiple pound quantities of methamphetamine for the last four years, approximately. During a search, law enforcement seized numerous items, including: a large amount of currency, a money counter, a drug ledger, two digital scales, a loaded .22 caliber Phoenix Arms brand handgun, approximately 10 grams of a substance that had a presumptive field test for cocaine, numerous bags believed to contain over 1,000 grams of marijuana, and a large bag containing pills presumed to be ecstasy.
“The Owensboro Police Department is committed to aggressively pursuing those who continue to prey on some of our most vulnerable citizens by exploiting their addictions for financial gain,” said Owensboro Police Chief Art Ealum. “We are grateful for the united front displayed by our federal, state and local partners to combat drug trafficking in the Greater Owensboro Metropolitan Area.
Drug trafficking is not a victimless crime; therefore, those who engage in such crime should be held to account,” he continued. “I am especially appreciative of U.S. Attorney Russell Coleman for his support in prosecuting the individuals who perpetuate the cycle of drug trafficking and violent crime in our community.”
DEA Assistant Special Agent in Charge, Michael Gannon said, “The individuals arrested during this investigation were responsible for peddling poison into Owensboro and our surrounding communities. Anytime we can take dangerous drugs and firearms off the streets it is a big win! The DEA Evansville HIDTA Resident Office is committed to working with the Owensboro Police Department and our other federal, state, and local partners to investigate and arrest these drug traffickers to keep our communities safe. The DEA appreciates the exceptional work, by all involved, to bring these individuals to justice. “
Multiple partner agencies are involved in the investigations including the Drug Enforcement Administration (DEA), Owensboro Police Department, Vanderburgh County Sheriff’s Office, Henderson Police Department, the Evansville-Vanderburgh County Drug Task Force, and the Kentucky State Police.
The indictment of a person by a Grand Jury or charge by federal criminal complaint are accusations only and that person is presumed innocent until and unless proven guilty.
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Federal Indictment Charges the Director of Public Works for the City of Brevard for the Illegal Disposal of Hazardous WasteRead the Press Release
CHARLOTTE, N.C. – A federal grand jury sitting in Charlotte has returned a criminal indictment, charging David Stuart Lutz, the Director of Public Works (DPW) for the City of Brevard, with environmental crimes related to the handling, transportation, and storage of hazardous waste, announced Andrew Murray U.S. Attorney for the Western District of North Carolina.
Chuck Carfagno, Special Agent in Charge of the U.S. Environmental Protection Agency, Criminal Investigation Division (EPA-CID) of the Atlanta Area Office, and Robert Schurmeier, Director of the North Carolina State Bureau of Investigation (SBI), join U.S. Attorney Murray in making today’s announcement.
According to allegations contained in the indictment, Lutz, 64, of Pisgah Forest, N.C., violated the Resource Conservation and Recovery Act, by illegally directing DPW employees to dig up soil known to be hazardous for lead, from the backstop of the City of Brevard’s (the City) firing range, without the use of any of the required protective equipment or procedural safeguards. The indictment further alleges that Lutz directed the employees to transport the contaminated soil in City-owned vehicles, without the requisite hazardous waste manifest. As alleged in the indictment, Lutz further instructed the employees to move the contaminated soil to the DPW Operations Center and store it there, even though the area is not permitted as a treatment, storage, or disposal location for hazardous waste, such as lead. According to the indictment, the alleged hazardous waste violations occurred from about May 3, 2016, to on or about May 5, 2016.
Lutz will have his initial appearance in federal court in Asheville, before U.S. Magistrate Judge W. Carleton Metcalf in the coming days.
The charges against Lutz are allegations. The defendant is presumed innocent until proven guilty beyond reasonable doubt in a court of law.
The charge of illegally transporting hazardous waste without a manifest carries a maximum prison term of two years and a $50,000 for each day of violation. The illegal transportation of hazardous waste to an unpermitted facility, and the illegal storage of hazardous waste, each carry a maximum prison term of five years.
In making today’s announcement, U.S. Attorney Murray thanked the EPA-CID and the SBI for their investigation that led to charges.
Assistant United States Attorney Steven Kaufman, of the U.S. Attorney’s Office in Charlotte, is prosecuting the case.
Fed Gun Prosecution of Man Who Killed 7-Year Old Child in Louisville Results in Nearly 6 Year SentenceRead the Press Release
LOUISVILLE, Ky. – A Louisville, Kentucky, man, who fired the shot that killed a 7-year old child on May 21, 2017, has been sentenced to 70 months, followed by 3 years supervised release by U.S. District Judge Claria Horn Boom. Judge Boom also sentenced Williams to 24 hours per year of community service speaking about gun violence in this community. There is no parole in the federal system.
“Dequante Hobbs’ seven years of life mattered; to his family, his neighborhood, and to his entire community,” said U.S. Attorney Russell Coleman. “Law enforcement is but one tool, but we seek to use it wisely to target the trigger-pullers like Wyatt Williams who are ending the promising young lives of so many of our neighbors here in Louisville.”
Wyatt Lamar Williams, 26, of Louisville, Kentucky, pled guilty to three counts of possession of a firearm while he was addicted to or a user of a controlled substance on January 10, 2020.
According to a sentencing memo from the United States, Williams used social media to sell and distribute firearms to others within the community and admitted freely to using controlled substances. Furthermore, one of the firearms the defendant possessed was stolen.
Williams actions with a firearm ended the life of Dequante Hobbs in Louisville. According to reports a dispute broke out at a dice game near Dequante’s residence. During the dispute, Williams began firing a Bersa .380 caliber pistol at others involved in the dice game. One of the rounds from the firearm went through a window at a nearby residence and struck the 7-year old child, causing his death. Louisville Metro Police Department homicide detectives identified Williams as the shooter in the killing and arrested him.
On May 23, 2017, two-days after Dequante’s death, Williams was found in possession of yet another firearm – a stolen Hi-Point 9 millimeter pistol.
The defendant was also successfully prosecuted by the Office of Jefferson Commonwealth’s Attorney Tom Wine and previously pled guilty in Jefferson Circuit Court to second degree manslaughter, two counts of wanton endangerment and receiving a stolen firearm, and received a 20 year state sentence.
The case is being prosecuted by Assistant United States Attorneys Tom Dyke & Larry Fentress (now retired) and United States Attorney Russell Coleman. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in concert with the Louisville Metro Police Department (LMPD).
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Essex County Man Charged with Being Felon in Possession of Firearm and Possession of Heroin with Intent to DistributeRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man made his initial appearance today on charges of illegally possessing a handgun and possessing heroin with the intent to distribute, U.S. Attorney Craig Carpenito announced.
Antoine Hawkins, 31, of Newark, is charged by complaint with one count of possession of a firearm and ammunition by a convicted felon and one count of possession with intent to distribute heroin. He made his initial appearance today by videoconference before U.S. Magistrate Judge Mark Falk and was detained.
According to documents filed in this case and statements made in court:
On Sept. 16, 2020, law enforcement officers conducted a surveillance operation in connection with a shooting on Aug. 18, 2020. An officer approached Hawkins, who appeared to be the person of interest in the shooting incident. During a conversation between the law enforcement officer and Hawkins, the law enforcement officer observed what appeared to be the imprint of a firearm on Hawkins’s jacket. The law enforcement officer frisked Hawkins and seized a 9mm Springfield Armory XDM pistol, which was loaded with 19 rounds of ammunition.
After Hawkins was arrested for possessing the pistol and the ammunition, law enforcement executed a search warrant inside of Hawkins’s residence, which revealed 626 glassine envelopes containing suspected heroin and three 9mm magazines.
The firearm offense carries a maximum potential penalty of 10 years in prison, and a fine of $250,000. The narcotics offense carries a maximum potential penalty of 30 years in prison, and a fine of $2 million.
U.S. Attorney Carpenito credited the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II; members of the Newark Department of Public Safety, under the direction of Public Safety Director Anthony F. Ambrose; special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson in Newark; and special agents of the Department of Homeland Security, Homeland Security Investigations (HSI), under the direction of Special Agent in Charge Jason Molina, with the investigation leading to the charges.
This investigation is part of the Violent Crime Initiative (VCI) in Newark. The Newark VCI was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety for the sole purpose of combatting violent crime in and around the Newark. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI includes the U.S. Attorney’s Office, the DEA, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, the U.S. Marshals, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, New Jersey State Parole Board, New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center, and New Jersey Department of Corrections.
The government is represented by Assistant U.S. Attorney Benjamin Levin of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Erie Market Owner Charged with Food Stamp FraudRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania has been indicted by a federal grand jury in Erie on charges of theft of government property, food stamp fraud and false statement to the government, United States Attorney Scott W. Brady announced today.
The four-count Indictment named Bader Al-Dhumani, 55, of Erie, Pennsylvania, as the sole defendant.
According to the Indictment presented to the court, from in and around January 2015 to in and around April 2020, Al-Dhumani, who is the owner and operator of Palm Tree Market in Erie, committed food stamp fraud by accepting food stamps for cash, store credit, and ineligible items.
The law provides for a maximum total sentence of 25 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The United States Department of Agriculture, Office of Inspector General and Homeland Security Investigations conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Erie County Felon Charged with Firearms Law ViolationRead the Press Release
ERIE, Pa. -A former resident of Albion, Pennsylvania has been indicted by a federal grand jury in Erie on charges of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
The two-count Indictment named Jeffrey Scott Artello, 68, as the sole defendant.
According to the Indictment presented to the court, on or about June 25, 2020 and August 19, 2020, Artello possessed numerous firearms while being a convicted felon.
The law provides for a maximum total sentence of 20 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pennsylvania State Police conducted the investigation leading to the indictment in this case. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the Fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Easton Man Charged with Producing Images of Child Sex AbuseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that a federal grand jury in New Haven has returned an indictment charging ROBERT McGUIRE, 41, of Easton, Connecticut with production of child pornography.
The one-count indictment, which was returned on September 9, 2020, alleges that McGuire produced images of child pornography between February 2018 and June 2020.
McGuire appeared today via videoconference before U.S. Magistrate Judge William I. Garfinkel and pleaded not guilty to the charge. He has been detained since his arrest by the Easton Police Department on related state charges on July 10, 2020.
If convicted of the charge, McGuire faces a mandatory minimum term of imprisonment of 15 years and a maximum term of imprisonment of 30 years.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation and the Easton Police Department. The case is being prosecuted by Assistant U.S. Attorneys Konstantin Lantsman and Sarala V. Nagala.
U.S. Attorney Durham thanked the State’s Attorney’s Office for the Judicial District of Fairfield for its close cooperation in investigating and prosecuting this matter.
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.
Eagle Butte Man Indicted on Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person and Possession of a Firearm with an Obliterated Serial Number.
Neil Blue Coat, age 35, was indicted on August 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 14, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 14, 2017, and September 26, 2019, Blue Coat, then being an unlawful user of a controlled substance, and knowing he was an unlawful user of a controlled substance, did knowingly possess three firearms in Eagle Butte. Further, the manufacturer’s serial number had been removed, altered, or obliterated from one of the firearms.
The charges are merely accusations and Blue Coat is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’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 investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Blue Coat was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Indicted on Drug Trafficking and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute Methamphetamine and Possession of a Firearm by a Prohibited Person.
Samuel Rufus Swift Bird, age 30, was indicted on September 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 14, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $1,000,000 fine, at least 3 years, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 30, 2019, and May 8, 2020, Swift Bird knowingly and intentionally possessed with intent to distribute methamphetamine on the Cheyenne River Indian Reservation. Further, Swift Bird having been convicted of a crime punishable by imprisonment for a term exceeding one year, and then knowing he had been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess three firearms.
The charges are merely accusations and Swift Bird is presumed innocent until and unless proven guilty.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Swift Bird was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Doctor Pleads Guilty to Unlawful Drug Distribution and Identity TheftRead the Press Release
ALBANY, NEW YORK – Scott McMahon, age 52, of Queensbury, New York, pled guilty today to distributing controlled substances outside the course of professional practice and for no legitimate medical purpose, and to misusing personal information in the course of fraudulently obtaining controlled substances from pharmacies. McMahon also agreed to pay $43,225.24 to settle civil penalty claims arising from his improper prescribing of ketamine and failure to keep proper records of ketamine treatment.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division.
In 2019, McMahon had a medical practice in Clifton Park, New York, having previously maintained offices in Albany and other locations in the Capital Region. He specialized in psychiatry and addiction treatment.
In pleading guilty, McMahon admitted that from at least December 2018 through August 2019, he provided certain patients with prescriptions for the Schedule II controlled substance methylphenidate – the generic of Ritalin – with the intent of having them kick back a portion of each prescription to him for his own personal use. As part of the scheme, McMahon obtained the names and birthdates of the children of a patient. McMahon used that information to issue methylphenidate prescriptions in the children’s names, and fraudulently induced pharmacies in New York and Vermont to dispense controlled substances under the pretense that the medication was for the children. The patient picked up these prescriptions in his children’s names, and split the methylphenidate with McMahon.
In the civil case, McMahon admitted that he improperly prescribed ketamine intranasal spray to an individual who had no legitimate medical need for it. A sampling of McMahon’s records showed that he failed to record the amount of ketamine injected for each patient on each treatment date, the name of each patient who was injected, and the person who injected the ketamine. McMahon also failed to conduct an initial inventory when he began dispensing ketamine. The civil penalty is based, in part, on McMahon’s inability to pay a higher amount.
McMahon is in custody. Sentencing is scheduled for January 13, 2021 before Senior United States District Judge Thomas J. McAvoy. On the aggravated identity theft conviction, McMahon must serve 2 years in prison. On the drug conviction, he faces up to an additional 20 years in prison, and will also be ordered to serve at least 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
McMahon’s plea agreement requires that he surrender his New York State medical license, and forfeit $6,774.76 seized by the Government as part of the criminal case.
The criminal case was investigated the DEA Albany District Office’s Tactical Diversion Squad and its Capital District Drug Enforcement Task Force, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
The DEA Tactical Diversion Squad also investigated the civil case, in which Assistant U.S. Attorney Christopher R. Moran represented the United States.
Also assisting in the investigations were the New York State Police, the New York State Bureau of Narcotic Enforcement, and the DEA Resident Office in Burlington, Vermont.
Department of Justice and Partner Departments and Agencies Conduct Coordinated Actions to Disrupt and Deter Iranian Malicious Cyber Activities Targeting the United States and the Broader International CommunityRead the Press Release
Starting on Sept. 14, 2020 and continuing through today, the Department of Justice, the Federal Bureau of Investigation, the Department of Homeland Security, and the Department of the Treasury have engaged in a coordinated effort to disrupt and deter malicious cyber activities by actors associated with the Islamic Republic of Iran’s (Iran) Ministry of Intelligence and Security (MOIS) and Islamic Revolutionary Guard Corps (IRGC), as well as other Iran-based individuals. These malicious cyber actors targeted victims in Australia, Europe, the Middle East, Southeast Asia, and the United States.
“This week’s unsealing of indictments and other disruptive actions serves as another reminder of the breadth and depth of Iranian malicious cyber activities targeting not only the United States, but countries all over the world,” said Assistant Attorney General for National Security John C. Demers. “Whether directing such hacking activities, or by offering a safe haven for Iranian criminal hackers, Iran is complicit in the targeting of innocent victims worldwide and is deepening its status as a rogue state. By contrast, the Department of Justice and its U.S. government partners stand with such victims, regardless of their location, and we will continue our cooperative efforts domestically and internationally to disrupt Iranian hacking activities.”
“The FBI is using its unique partnerships and world-class capabilities to hold Iranian cyber actors publicly accountable for their actions,” said Executive Assistant Director Terry Wade of the FBI's Criminal, Cyber, Response, and Services Branch. “Those malicious activities, as once again outlined this week, highlight Iran’s persistent use of cyber methods to harm the citizens of the United States and its allies. No cyber actor should think they can compromise U.S. networks, steal our intellectual property, or hold our critical infrastructure at risk without incurring risk themselves. The FBI will continue to work with our partners to protect U.S. interests and to impose consequences on those cyber actors working on behalf of the Government of Iran in furtherance of their nefarious goals.”
On Sept. 14, 2020, the FBI and the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency jointly published a Cybersecurity Advisory regarding tactics, techniques, and procedures (TTPs) of an Iran-based malicious cyber actor targeting several U.S. federal agencies and other U.S.-based networks.
On Sept. 15, 2020, in the District of Massachusetts, the Department announced the unsealing of a three-count indictment charging two hackers in relation to their intrusions into, and defacements of, websites hosted in the United States. The hackers, Behzad Mohammadzadeh, aka “Mrb3hz4d,” a citizen and resident of the Iran, and Marwan Abusrour, aka “Mrwn007,” a stateless national under the jurisdiction of the Palestinian Authority, conspired to and subsequently damaged computers in perceived retaliation for the January 2, 2020 U.S. military strike that killed Qasem Soleimani, the head of the IRGC-Quds Force, a U.S.-designated Foreign Terrorist Organization. These defacements were a subset of the over 1,400 defacements around the world for which the defendants claimed responsibility between in or around June 2016 and July 2020.
On Sept. 16, 2020, in the District of New Jersey, the Department announced the unsealing of a 10-count indictment charging two hackers, who sometimes operated under the using the pseudonym “Sejeal,” in relation to coordinated cyber intrusions and hacking campaigns targeted computer systems in Europe, the Middle East, and the United States. The defendants, Hooman Heidarian, aka “neo,” and Medhi Farhadi, aka “Mehdi Mahdavi,” both Iranian nationals residing in Iran, stole hundreds of terabytes of data, which typically included confidential communications pertaining to national security, foreign policy intelligence, non-military nuclear information, aerospace data, human rights activist information, victim financial information and personally identifiable information, and intellectual property, including unpublished scientific research. In some instances, the defendants’ hacks were politically motivated or at the behest of the government of Iran, including instances where they obtained information regarding dissidents, human rights activists, and opposition leaders. In other instances, the defendants sold the hacked data and information on the black market for private financial gain.
On Sept. 17, 2020, in the Eastern District of Virginia, the Department announced the unsealing of a nine-count indictment charging three hackers in relation to an approximately four-year campaign to steal and attempt to steal critical information related to aerospace and satellite technology and resources, including sensitive commercial information, intellectual property, and personal data. The defendants, Said Pourkarim Arabi, Mohammad Reza Espargham, and Mohammad Bayati, all Iranian nationals residing in Iran, conducted their activity at the direction of the IRGC, of which Arabi was a member. The defendants primarily accomplished their intrusions through socially engineered spearphishing campaigns, using at least one target list of over 1,800 individuals in Australia, Israel, Singapore, the United States, and the United Kingdom. Upon successfully enticing a victim to click on a link in such a spearphishing e-mail, a member of the conspiracy would deploy malware that allowed the conspirators to gain access credentials, escalate their privileges, maintain their unauthorized access to victim networks, and ultimately steal the sought-after data. To accompany the unsealing of this indictment, and to aid potential targets in the identification of malicious activity, the FBI released a Private Industry Notification (PIN) that identified the conspiracy’s TTPs and indicators of compromise.
Also on Sept. 17, 2020, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) imposed sanctions against 45 individuals and one front company associated with the MOIS who comprised the cyber threat group known publicly as “Advanced Persistent Threat 39” (APT39), “Chafer,” “Remexi,” “Cadelspy,” or “ITG07.” According to OFAC, masked behind its front company, Rana Intelligence Computing Company (Rana), the MOIS employed a years-long malware campaign that targeted Iran’s own citizens, the government networks of Iran’s neighboring countries, and U.S.-based travel services companies. Concurrent with OFAC’s action, and following a long-term FBI investigation, the FBI released technical indicators about Rana’s malware in an FBI FLASH alert. This alert provides information to assist organizations and individuals in determining whether they were targeted by Rana.
The above disruptive actions targeting Iranian malicious cyber activities were the result of investigations conducted by the FBI’s Boston, Newark, and Washington Field Offices and Cyber Division, the United States Attorney’s Offices for the Eastern District of Virginia, District of Massachusetts, and District of New Jersey, and the National Security Division’s Counterintelligence and Export Control Section. Several of the disruptive actions were the result of the close partnership between these Department of Justice components and the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency and Department of the Treasury’s OFAC, and coordination through the National Cyber Investigative Joint Task Force.
The details contained in the above-described charging document are allegations. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Dark Web Cannibal Sentenced to 40 Years Followed by Lifetime Supervised ReleaseRead the Press Release
BEAUMONT, Texas – A 23-year-old Joaquin, Texas man has been sentenced for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney Stephen J. Cox today.
Alexander Nathan Barter pleaded guilty on Dec. 20, 2019, to attempted coercion and enticement of a minor and distribution of child pornography and was sentenced to 480 months in federal prison today by U.S. District Judge Michael Truncale. Following the completion of his prison sentence, Barter was also ordered to submit to a lifetime of supervised release.
As part of his plea agreement with the government, Barter agreed to be sentenced to a term of imprisonment of 20 years on each count, with each party reserving the right to request that the terms be sentenced concurrently or consecutively. Barter’s counsel requested that the Court impose a total term of imprisonment of 20 years; the government requested a sentence of 40 years’ imprisonment.
According to information introduced as part of Barter’s plea and at sentencing, in October 2018, Barter posted an ad on a dark web site stating, “I’d like to try necrophilia and cannibalism, and see how it feels to take a life. If you’d be willing to let me kill you, are in the US (preferably in the south) and can travel by car, contact me.” An undercover officer saw the ad and responded, utilizing the persona of a father with a 13-year old daughter. Between October 9, 2018 and October 19, 2018, Barter and the undercover officer exchanged a series of messages that included Barter’s repeated interest in raping, killing, and eating the 13-year old child. Barter provided the undercover with instructions on traveling from Florida to Shelby County, Texas, what to tell the child to get her acquiescence to travel, and how to conceal evidence of their crime. On October 19, 2018, Barter arrived at the designated meet site in Joaquin, Texas with a knife, trash bag, cellular phone, and a tablet.
“As this chilling case demonstrates, online talk is not always just talk. The constant vigilance of our law enforcement partners has prevented an evildoer from finding a likeminded accomplice and bringing his grisly plan to fruition,” said U.S. Attorney Stephen J. Cox. “This case is a sobering reminder of how the brave men and women of law enforcement face down the worst of the worst in the scariest of scenarios.”
“In my 23-year-career in law enforcement, this is among the most morally depraved and appalling criminal conspiracies that I have come across,” said Mark Dawson, special agent in charge of HSI Houston. “Without the quick and decisive actions of special agents from HSI Cocoa Beach and HSI Beaumont this disturbed predator would still be out there looking for potential victims to carry out his sick and demented fantasies.”
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 U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case is being investigated by Homeland Security Investigations in Lufkin, Beaumont, and Houston, Texas; Homeland Security Investigations Cocoa Beach, Florida, Child Exploitation Task Force; Brevard County Sheriff’s Office (Florida); Nacogdoches Police Department; Texas Department of Public Safety; Customs and Border Protection Air Units; and Shelby County Sheriff’s Office, and prosecuted by Assistant U.S. Attorney Marisa Miller and U.S. Department of Justice Senior Trial Attorney Jennifer Toritto Leonardo.
Department of Justice Announces over $6 Million in Grant Funding to Assist Victims of Domestic and Sexual Violence in MississippiRead the Press Release
Jackson, Miss. – U.S. Attorneys Mike Hurst of the Southern District of Mississippi and William C. “Chad” Lamar of the Northern District of Mississippi announced today that Justice Department’s Office on Violence Against Women (OVW) will direct over $6 million in grant funding to Mississippi to bolster efforts throughout the state to curb domestic violence.
With domestic violence continuing to proliferate throughout Mississippi, affecting not only victims but also their families and friends, U.S. Attorney Hurst is also announcing a new initiative entitled “Operation Pheonecia,” in honor of a local victim of domestic violence, Pheonecia Ratliff of Canton, Mississippi, to combat this growing threat.
According to the Centers for Disease Control and Prevention, 1 in 4 women and 1 in 7 men will experience physical violence by their intimate partner at some point during their lifetimes. About 1 in 3 women and nearly 1 in 6 men experience some form of sexual violence during their lifetimes. Intimate partner violence, sexual violence, and stalking are high, with intimate partner violence occurring in over 10 million people each year.
“These grants will help victims escape abuse, seek justice, and rebuild their lives,” said OVW Principal Deputy Director Laura Rogers. OVW’s current and forthcoming investments in Mississippi foster coordinated responses to violence against women, making resources available to local and tribal communities for investigation and prosecution, transitional housing, and culturally specific victim services, and training for professionals who respond to these crimes.
“Today, we are recommitting to do even more to combat the scourge that is domestic violence. These grants and Operation Pheonecia will go a long way in making our homes, our families and our communities safer,” said U.S. Attorney Hurst. “By bringing together law enforcement, victim advocates, our courts, attorneys, and the general public, we can effectively fight domestic violence and get victims the help they so desperately need.”
“There are far too many Mississippians and Americans who fall victim to domestic violence at the hands of an intimate partner, family member or parent. For many of these victims, home is a place for fear and pain rather than a refuge or safe place. Our office is committed to working alongside state and local partners to combat this problem and these grants will significantly aid in ongoing efforts to combat domestic violence across our state and nation,” remarked U.S. Attorney Lamar.
I. Grant Awards
Among the more than $6 million in awards that will be issued to organizations and government agencies in Mississippi are:
- The Mississippi State Department of Health will receive $2,271,297 in formula funds to support law enforcement, prosecutors, victim services providers, and courts in working collaboratively to respond to domestic and sexual violence.
- The Mississippi Band of Choctaw Indians is receiving four awards, totaling $2,149,722, to: fund a cross-deputized tribal prosecutor to pursue cases involving domestic violence, sexual assault, and other serious crimes in tribal court, federal court, or both; bolster coordinated community responses to violence against women; strengthen the tribal criminal justice system in preparation for exercising special domestic violence criminal jurisdiction under the Violence Against Women Act; and provide services specifically for sexual assault victims.
- The Mississippi Coalition Against Sexual Assault is receiving $152,345, and the Mississippi Coalition Against Domestic Violence is receiving $91,274, to coordinate victim services and training, and collaborate with federal, state, and local entities across the state.
- The Mississippi Coalition Against Sexual Assault is also being awarded an additional $500,000 to provide training and technical assistance to colleges and universities throughout the nation to address violence against women on campus.
- Care Lodge Domestic Violence Shelter, Inc., in Meridian, is receiving a grant of $550,000 to provide transitional housing for domestic violence victims.
- Our House, Inc., in Greenville, is receiving $288,300 to provide services tailored to the needs of Black survivors of sexual assault in rural areas.
Mississippi’s grant recipients will also have access to training and technical assistance to help them implement effective strategies for keeping victims safe and holding offenders accountable. One example is OVW’s Stalking Prevention, Awareness, and Resource Center, a project of the Washington, DC-based Aequitas: The Prosecutor’s Resource on Violence Against Women, which is receiving $1.5 million this year to continue providing training and other resources to law enforcement, prosecutors, and victim services providers to combat stalking. Stalking is a crime that often occurs alongside domestic violence and is associated with a higher risk of domestic violence-related homicide, so equipping justice and victim services professionals with tools for responding to stalking can help them reach victims before it is too late.
II. "Operation Pheonecia”
Named in honor of Pheonecia Ratliff of Canton, Mississippi, who lost her life on May 14, 2020, due to domestic violence, “Operation Pheonecia” is a new initiative by the U.S. Attorney’s Office for the Southern District of Mississippi to directly combat domestic violence with the intent to prevent harm and loss of life before they occur. The presence of a gun in a domestic violence situation increases the risk of homicide by 500%, and with intimate partner violence accounting for 15% of all violent crime and with almost 20% of domestic violence incidents involving a weapon, the U.S. Attorney’s Office knew it had to act.
Under this initiative, and by working with federal, state and local law enforcement and nonprofit entities, the U.S. Attorney’s Office is making the investigation and prosecution of federal domestic violence crimes a priority. In addition, “Operation Pheonecia” will involve a campaign to put domestic abusers on notice of their prohibition to possessing firearms, train law enforcement on how to investigate federal domestic violence crimes, provide education for local judges as to the impact of their orders on potential federal criminal prosecutions, and bring awareness to local bar associations and the public on how to report domestic violence crimes to and work with federal authorities, with the overarching goal to reduce domestic violence, save lives and assist victims.
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The Office of Justice Programs provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP and its components can be found at: www.ojp.gov.
The Office on Violence Against Women provides federal leadership in developing the national capacity to reduce violence against women and administer justice for and strengthen services to victims of domestic violence, dating violence, sexual assault, and stalking.
Anyone affected by abuse and wishes to seek support should please call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or text LOVEIS to 22522.
Council Bluffs Bookie Sentenced for Filing False Tax ReturnRead the Press Release
United States Attorney Joe Kelly announced that Tony Merksick, 43, of Council Bluffs, Iowa, was sentenced today in Omaha, Nebraska by Chief United States District Judge John M. Gerrard to three years’ probation for Filing a False Tax Return. Merksick’s probation will include special conditions that Merksick not gamble while on probation and that the first year of probation be served in home confinement. Merksick was also ordered to pay $100,285.00 in restitution to the Internal Revenue Service.
Merksick operated an online bookkeeping operation for gambling. In 2009, Merksick created TJM Enterprises, Inc., an S-Corporation, for the purposes of reporting a portion of that income from the gambling operation to facilitate obtaining loans, mortgages, and other financing. S corporations are corporations that elect to pass corporate income, losses, deductions, and credits through to their shareholders for federal tax purposes. Shareholders of S corporations report the flow-through of income and losses on their personal tax returns and are assessed tax at their individual income tax rates.
During the investigation, special agents with the IRS interviewed clients of Merksick to determine the proceeds that Merksick was receiving from his gambling operation. Merksick’s, his wife’s, and TJM Enterprises, Inc.’s bank accounts were also reviewed. In Tax Year 2012, Merksick reported that TJM Enterprises’ gross receipts as $163,249 on a Form 1120S, which he signed under penalties of perjury. The investigation revealed that TJM Enterprises’ gross receipts for 2012 were $501,072.95. In Tax Year 2013, Merksick reported that TJM Enterprises’ gross receipts as $150,957 on a Form 1120S, which he signed under penalties of perjury. The investigation revealed that TJM Enterprises’ gross receipts for 2013 were $233,520.60.
Merksick was the sole shareholder of TJM Enterprises, Inc. The resulting tax loss on Merksick’s personal taxes that were suffered by the United States due to Merksick’s underreporting TJM Enterprises, Inc.’s gross receipts was $63,976.00 for Tax Year 2012 and $36,309.00 for Tax Year 2013. The total tax loss for Tax Year 2012 and Tax Year 2013 was $100,285.00.
“Over 10 years ago, Mr. Merksick created TJM Enterprises for the purposes of reporting a portion of the income from the gambling operation he ran to facilitate obtaining loans, mortgages, and other financing, while underreporting more than $100,000 in gross receipts on tax returns filed with the IRS in 2012 and 2013,” said Adam Steiner, Acting Special Agent in Charge of the IRS Criminal Investigation division in the St. Louis Field Office. “Those attempting to use schemes to defraud the tax system should know that IRS CI and the U.S. Attorney’s Office will continue their pursuit to protect the integrity of the tax system.”
This case was investigated by IRS Criminal Investigations.
Convicted felon sentenced for illegally possessing firearmRead the Press Release
COLUMBUS, Ohio – A Perry County man was sentenced in U.S. District Court today for illegally possessing a firearm as a convicted felon.
John William Shade III, 39, of Thornville, Ohio, was sentenced to 24 months in prison and three years of supervised release.
According to court documents, the FBI received reports of Shade making multiple comments of a threatening nature on Twitter towards the President of the United States, as well as one comment directly towards a local Secret Service agent.
Shade’s comments about the agent on Twitter came several weeks after the agent attempted to speak with Shade at his residence regarding an incident at an event where the Vice President of the United States was a speaker.
Shade has a history of traveling within and out of state to attend political events and protests. On several occasions, his conduct at these events has resulted in charges related to trespassing, obstructing, invasion of privacy and carrying weapons.
For example, in April 2018, Shade and others traveled to Georgia to counter-protest a rally by the National Socialist Movement (NSM). Shade used a GoPro camera to record himself. In his videos, Shade discusses a Glock19 present in the vehicle and how he would shoot NSM leaders.
The same month, Shade traveled to the American Renaissance Conference in Tennessee and recorded himself on his GoPro and in conversations with others. In his recordings, he mentions serving as armed security for his group and leaving weapons at a camp to avoid law enforcement detection at a checkpoint.
During a court-authorized law enforcement search of Shade’s home, items were found that the FBI Laboratory later concluded may be readily assembled into an improvised incendiary device, also known as a firebomb or Molotov cocktail.
Shade admitted that he possessed firearms and ammunition after being convicted in Guernsey County Court of Common Pleas to robbery, a second-degree felony. He pleaded guilty to the federal charge in November 2019.
Congress sets the maximum statutory sentence. Sentencing of the defendant is determined by the Court based on the advisory sentencing guidelines and other statutory factors.
David M. DeVillers, United States Attorney for the Southern District of Ohio, and Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the sentence imposed by U.S. District Court Judge Edmund A Sargus, Jr. Assistant United States Attorney Jessica W. Knight is representing the United States in this case. The case was investigated by the FBI’s Joint Terrorism Task Force.
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Convicted Felon Pleads Guilty to Federal Firearms OffensesRead the Press Release
BOSTON – A Templeton man pleaded guilty today to illegal possession of firearms and ammunition, including an AR-15 short-barreled rifle.
John Shaw, 30, pleaded guilty to one count of being a felon in possession of ammunition and one count of unlawful possession of a firearm not identified by serial number. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Jan. 12, 2021. Shaw was arrested in September 2019 and indicted in October 2019.
During the execution of a search warrant at Shaw’s residence on Sept. 24, 2019, an AR-15 short-barreled rifle that did not bear a serial number, over 50 rounds of .22 Long Rifle caliber ammunition, 27 rounds of .357 Sig caliber ammunition, 10 expended brass cartridge cases and one complete round of 30-06 ammunition were seized. Shaw was previously convicted in Winchendon District Court of breaking and entering in the night with intent to commit a felony and assault and battery with a dangerous weapon. As a previously convicted felon, Shaw was prohibited from possessing a firearm and ammunition.
The charges each provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Ashburnham Police Chief Loring Barrett, Jr.; Worcester Police Chief Steven M. Sargent; and Hopkinton Police Chief Edward Lee made the announcement today. Assistant U.S. Attorney Kristen Noto of Lelling’s Worcester Branch Office is prosecuting the case.
Colorado Man Charged with Hate Crime After Unprovoked Stabbing of Black ManRead the Press Release
EUGENE, Ore.—U.S. Attorney Billy J. Williams announced today that a Colorado man has been charged with a hate crime after stabbing a Black man from Ontario, Oregon while the man was sitting in a fast food restaurant.
A federal grand jury in Eugene has returned a one-count indictment charging Nolan Levi Strauss, 26, a Colorado resident, with a hate crime involving an attempt to kill.
According to the indictment, on the morning of December 21, 2019, a 48-year-old Black man arrived at an Arby’s fast food restaurant adjoining the Pilot Travel Center in Ontario where he planned to provide final documentation for a pending job application. The man sat in the lobby of the restaurant while waiting for the manager.
Unprovoked and without warning, Strauss approached the man from behind and stabbed him in the neck. Following a struggle for the knife, the man freed himself and Strauss was detained by store employees. When asked by the store employee why he attacked the man, Strauss stated he did so because the man “was Black, and I don’t like Black people.”
The stabbing resulted in two lacerations to the victim’s neck. Afterward, he was life-flighted to Boise, Idaho for emergency surgical intervention.
Strauss will make his first appearance in federal court on October 19, 2020. If convicted, he faces a maximum sentence of life in federal prison.
This case was investigated by the FBI with assistance from the Ontario Police Department, Oregon State Police, and the Malheur County District Attorney’s Office. It is being prosecuted by Gavin W. Bruce, Assistant U.S. Attorney for the District of Oregon, and Cameron A. Bell, Trial Attorney for the Civil Rights Division.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Colorado Man Charged with Hate Crime After Unprovoked Stabbing of Black ManRead the Press Release
A Colorado man has been charged with a hate crime after stabbing a Black man from Ontario, Oregon while the man was sitting in a fast food restaurant, announced Assistant Attorney General Eric Dreiband of the Justice Department's Civil Rights Division and U.S. Attorney Billy J. Williams of the District of Oregon.
A federal grand jury in Portland has returned a one-count indictment charging Nolan Levi Strauss, 26, a Colorado resident, with a hate crime involving an attempt to kill.
According to the indictment, on the morning of Dec. 21, 2019, a 48-year-old Black man arrived at an Arby’s fast food restaurant adjoining the Pilot Travel Center in Ontario where he planned to provide final documentation for a pending job application. The man sat in the lobby of the restaurant while waiting for the manager.
Unprovoked and without warning, Strauss approached the man from behind and stabbed him in the neck. Following a struggle for the knife, the man freed himself and Strauss was detained by store employees. When asked by the store employee why he attacked the man, Strauss stated he did so because the man “was Black, and I don’t like Black people.”
The stabbing resulted in two lacerations to the victim’s neck. Afterward, he was life-flighted to Boise, Idaho for emergency surgical intervention.
Strauss will make his first appearance in federal court on Oct. 19, 2020. If convicted, he faces a maximum sentence of life in federal prison.
This case was investigated by the FBI with assistance from the Ontario Police Department, Oregon State Police, and the Malheur County District Attorney’s Office. It is being prosecuted by Gavin W. Bruce, Assistant U.S. Attorney for the District of Oregon, and Cameron A. Bell, Trial Attorney for the Civil Rights Division.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Chicago woman sentenced to federal prison for stealing identities of Savannah residents, corporationRead the Press Release
SAVANNAH, GA: A Chicago woman will spend the next five years in federal prison for stealing information from Savannah residents and using it to open credit accounts that funded a fraudulent, criminal lifestyle.
Ayondela Moore, 46, of Chicago, was sentenced to the statutory maximum 60 months in prison by U.S. District Court Judge William T. Moore Jr. after pleading guilty to Conspiracy to Commit Bank, Mail and Wire Fraud, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. She will be required to pay $68,558.91 in restitution to her victims, and to serve three years of supervised release after completion of her prison term. There is no parole in the federal system.
“In the words of one of her many traumatized victims, Ayondela Moore is a ‘habitual thief’ who stole thousands of dollars from innocent people – and undoubtedly would have continued her thefts if not for her arrest and her victims’ persistence in policing their own credit information,” said U.S. Attorney Christine. “Thanks to our diligent law enforcement partners, Moore will pay a personal price for her crimes by losing her liberty, just as she stole her victims’ peace of mind.”
According to court documents and testimony, Moore was a serial con artist who admitted to fraudulently obtaining debit and credit cards in the names of at least three Savannah residents and a Savannah business, and using those accounts to make purchases that included a roundtrip flight to Jamaica, flights for family members from Atlanta to Chicago, purchases at an amusement park, and multiple purchases of gift cards and merchandise at retail stores. She also used a Savannah resident’s bank account to pay for car insurance on Moore’s Mercedes-Benz SUV.
Moore, who was on probation for a state of Illinois conviction for identity theft at the time of her February 2020 arrest on federal charges. She has a total of three convictions on state felony charges, all for identity theft or aggravated identity theft.
“Technology has forever changed the way we do business, making every-day financial transactions a prime target for fraud,” said U.S. Secret Service Special Agent in Charge Glen Kessler. “Consumers are always urged to monitor their bank accounts, credit history and credit cards closely for fraudulent transactions and to use automated banking alerts available at most financial institutions. This defendant has made a criminal career out of destroying other people’s lives, and the Secret Service, in conjunction with its many law enforcement partners, continues to successfully combat these crimes by adapting our investigative methodologies and educating the public.”
“The United States Postal Inspection Service prides itself in collaborating with its law enforcement partners on cases such as this, and this case proves that individuals who defraud victims will be identified and prosecuted, no matter how far away they are,” said Antonio Gomez, Inspector in Charge of the Miami Division of the USPIS.
This investigation began with a report by one of the victims to the Savannah Office of the U.S. Secret Service. Victims of identity theft are encouraged to reach out to the Secret Service so that the perpetrators can be investigated and prosecuted.
This investigation was led by the U.S. Secret Service and the U.S. Postal Inspection Service, and prosecuted for the United States by Assistant U.S. Attorney Jonathan A. Porter.
Cedar Rapids Man that Unlawfully Possessed Three Guns Sentenced to Federal PrisonRead the Press Release
A Cedar Rapids man who illegally possessed a different firearm on multiple occasions was sentenced today to more than three years in federal prison.
Michael Gene Hodges, Jr., age 26, from Cedar Rapids, Iowa, received the prison term after a guilty plea to one-count of possession of a firearm as a drug user.
In a plea agreement, Hodges admitted that he illegally possessed three firearms as a drug user: one on March 24, 2019, another on May 11, 2019, and a third on February 6, 2020. Evidence at sentencing showed that Hodges discharged the firearm he possessed on March 24, 2019, during an incident that occurred in the parking lot of Woody’s Show Club in Cedar Rapids, Iowa.
Hodges was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Hodges was sentenced to 42 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
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.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
Hodges is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Dillan Edwards and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-00130.
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Carlsbad man sentenced to 20 years in prison for methamphetamine traffickingRead the Press Release
ALBUQUERQUE, N.M. – Jerry Twaddle, 40, of Carlsbad, New Mexico, was sentenced on Sept. 9 in federal court to 20 years in prison on drug trafficking charges.
On Feb. 6, 2019, a jury found Twaddle guilty on charges of conspiracy to distribute a controlled substance, using a communication facility (telephone) to further the commission of a drug trafficking crime and possession with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine.
The case involved 10 members of a drug trafficking organization who conspired to distribute methamphetamine in Eddy and Chaves Counties in New Mexico from May through Oct. of 2017. On Sept. 7, 2017, Twaddle was arrested after he threw approximately two pounds of methamphetamine out of the window of a car as he attempted to evade a traffic stop, reaching speeds of up 140 miles per hour. Twaddle was apprehended when his vehicle came to a stop due to a shredded tire. Law enforcement were able to recover the bundles of methamphetamine along the route.
Following his term in federal prison, Twaddle will be subject to five years of supervised release.
The Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, and Firearms and the Pecos Valley Drug Task Force investigated this case in conjunction with the Eddy County Sheriff’s Office. Assistant U.S. Attorneys Clara Cobos and Renee Camacho prosecuted the case.
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California trafficker sentenced to prison for providing meth sent in piñata, peanut butter jar to the Fort Peck Indian ReservationRead the Press Release
GREAT FALLS – A California man who admitted to trafficking meth for supplying almost two pounds of the drug, which was hidden in a peanut butter jar and a piñata and mailed to the Fort Peck Indian Reservation, was sentenced today to six years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Don Fred Baldwin, 47, of Merced, CA, pleaded guilty in May to distribution of meth.
Chief U.S. District Judge Brian Morris presided.
The prosecution said in court documents that Baldwin, through another person, mailed a package on Nov. 7, 2019 from California to Brockton, located on the Fort Peck Indian Reservation. Law enforcement officers intercepted the package, obtained a search warrant and found meth hidden inside a jar of peanut butter and a piñata. The amount of meth totaled about 776 grams, which is 1.7 pounds and the equivalent of approximately 6,208 doses. Baldwin provided the meth to the other individual, who mailed the drug.
Assistant U.S. Attorney Cassady Adams prosecuted the case, which was investigated by the FBI, Fort Peck Tribal Criminal Investigators and the Merced, CA, Police Department.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Brainerd Man Pleads Guilty to Wildlife Trafficking, Trespassing After Removing the Head of A Black Bear on the Red Lake Indian ReservationRead the Press Release
United States Attorney Erica H. MacDonald today announced the guilty plea of BRETT JAMES STIMAC, 41, to wildlife trafficking and trespassing on Indian land after removing the head of a 700 pound black bear on the Red Lake Indian Reservation. STIMAC, who was charged by misdemeanor Information on December 6, 2019, entered his guilty plea today before Judge Susan Richard Nelson in U.S. District Court in St. Paul, Minnesota.
According to the defendant’s guilty plea and documents filed in court, on the evening of September 1, 2019, STIMAC, who is not an enrolled member of the Red Lake Band of Chippewa Indians, willfully, knowingly and without authorization or permission, entered the Red Lake Indian Reservation for the purposes of hunting a bear. The Government contends that STIMAC, using a compound bow, shot and killed a large American black bear near the Reservation’s garbage dump.
According to the defendant’s guilty plea and documents filed in court, on September 2, 2019, STIMAC returned to the dump the following day and located the bloody carcass of the bear. STIMAC posed for photographs with the bear’s carcass and later shared the photographs on social media. Because of the bear’s large size, STIMAC was unable to move the bear from the Reservation. Instead, STIMAC used a saw to remove the bear’s head for a trophy. STIMAC brought the bear’s head to a taxidermist in Ironton, Minnesota, and left the remainder of the carcass to spoil.
The Red Lake Band of Chippewa Indians does not permit non-Indians to hunt bear, a clan animal, within the boundaries of the Red Lake Indian Reservation, due to the bear’s spiritual importance to the Band.
This case is the result of an investigation conducted by the Minnesota Department of Natural Resources, the Red Lake Department of Public Safety, the Red Lake Department of Natural Resources, and the U.S. Fish and Wildlife Service, with assistance from the Beltrami County Attorney’s Office.
Special Assistant U.S. Attorney Gina L. Allery and Assistant U.S. Attorney Emily A. Polachek are prosecuting the case.
Defendant Information:
BRETT JAMES STIMAC, 41
Brainerd, Minn.
Convicted:
- Lacey Act wildlife trafficking, 1 count
- Trespass on Indian lands, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Boston Man Sentenced to over 22 Years in Prison for Armed Robbery of Brockton Cell Phone Store and Shooting at PoliceRead the Press Release
BOSTON – A Boston man was sentenced today in connection with an armed robbery of a T-Mobile store in Brockton, where multiple gunshots were fired at Brockton Police Officers during a high-speed chase.
Diovanni Carter, 30, of Boston, was sentenced by U.S. District Court Judge Allison Burroughs to 270 months in prison and five years of supervised release. In March 2020, Carter was convicted by a federal grand jury of conspiracy to commit a robbery affecting interstate commerce, robbery affecting interstate commerce, and brandishing and discharge of a firearm during and in relation to the robbery.
On Jan. 26, 2019, Carter orchestrated a plan with three other men to rob a T-Mobile store in Brockton. Carter drove the group from Boston to Brockton. When they arrived, the three men went into the store carrying semi-automatic firearms that they pointed at the store manager, demanding cash and electronics, while Diovanni Carter waited in the getaway vehicle. During the robbery, the store manager was struck in the head with a firearm. The three men stole approximately $25,000 in cash and electronics, left the store and departed in the getaway vehicle driven by Carter.
Brockton Police responded, located the vehicle and a high speed chase ensued through residential neighborhoods reaching speeds of over 70 mph. During the chase, Carter ordered the other men to fire their weapons at the pursuing police cruisers as part of their effort to escape. In total, at least eight rounds were fired at the police. The suspects then abandoned the car and fled on foot.
During the search by law enforcement, the stolen phones, cash and the three firearms used in robbery were recovered. Darius Carter, Stephan Rosser-Steward and a third man were apprehended shortly after the robbery. Carter was not found, but later arrested on March 5, 2019.
Darius Carter is scheduled to plead guilty on Oct. 21, 2020. Rosser-Steward has pleaded not guilty.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Christopher S. Mason, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy Cruz; Plymouth County Sheriff Joseph D. McDonald, Jr.; and Brockton Police Chief Emanuel Gomes made the announcement. The Quincy and Boston Police Departments also provided valuable assistance with the investigation. Assistant U.S. Attorneys Glenn MacKinlay, Chief of Lelling’s Organized Crime and Gang Unit, and Philip A. Mallard prosecuted the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Blue Bell Creameries Ordered to Pay $17.25 Million in Criminal Penalties in Connection with 2015 Listeria ContaminationRead the Press Release
A federal court in Texas sentenced ice cream manufacturer Blue Bell Creameries L.P. to pay $17.25 million in criminal penalties for shipments of contaminated products linked to a 2015 listeriosis outbreak, the Justice Department announced today.
Blue Bell pleaded guilty in May 2020 to two misdemeanor counts of distributing adulterated ice cream products. The sentence, imposed by U.S. District Judge Robert Pitman in Austin, Texas, was consistent with the terms of a plea agreement previously filed in the case. The $17.25 million fine and forfeiture amount is the largest-ever criminal penalty following a conviction in a food safety case.
“American consumers must be able to trust that the foods they purchase are safe to eat,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “The sentence imposed today sends a clear message to food manufacturers that the Department of Justice will take appropriate actions when contaminated food products endanger consumers.”
“The health of American consumers and the safety of our food are too important to be thwarted by the criminal acts of any individual or company,” said Judy McMeekin, Pharm.D., Associate Commissioner for Regulatory Affairs, U.S. Food and Drug Administration. “Americans expect and deserve the highest standards of food safety and integrity. We will continue to pursue and bring to justice those who put the public health at risk by distributing contaminated foods in the U.S. marketplace.”
“The results of this investigation reflect the determination of the Defense Criminal Investigative Service to hold companies that sell food products to the military accountable and ensure they comply with food safety laws,” said Michael Mentavlos, Special Agent-in-Charge of the DCIS Southwest Field Office. “The health and safety of our service members and their dependents is of paramount importance.”
The plea agreement and criminal information filed against Blue Bell allege that the company distributed ice cream products that were manufactured under insanitary conditions and contaminated with Listeria monocytogenes, in violation of the Food, Drug and Cosmetic Act. According to the plea agreement, Texas state officials notified Blue Bell in February 2015 that samples of two ice cream products from the company’s Brenham, Texas factory tested positive for Listeria monocytogenes, a dangerous pathogen that can lead to serious illness or death in vulnerable populations such as pregnant women, newborns, the elderly, and those with compromised immune systems. Blue Bell directed its delivery route drivers to remove remaining stock of the two products from store shelves, but the company did not recall the products or issue any formal communication to inform customers about the potential Listeria contamination. Two weeks after receiving notification of the first positive Listeria tests, Texas state officials informed Blue Bell that additional state-led testing confirmed Listeria in a third product. Blue Bell again chose not to issue any formal notification to customers regarding the positive tests. Blue Bell’s customers included military installations.
In March 2015, tests conducted by the Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) linked the strain of Listeria in one of the Blue Bell ice cream products to a strain that sickened five patients at a Kansas hospital with listeriosis, the severe illness caused by ingestion of Listeria-contaminated food. The FDA, CDC, and Blue Bell all issued public recall notifications on March 13, 2015. Subsequent tests confirmed Listeria contamination in a product made at another Blue Bell facility in Broken Arrow, Oklahoma, which led to a second recall announcement on March 23, 2015.
According to the plea agreement with the company, FDA inspections in March and April 2015 revealed sanitation issues at the Brenham and Broken Arrow facilities, including problems with the hot water supply needed to properly clean equipment and deteriorating factory conditions that could lead to insanitary water dripping into product mix during the manufacturing process. Blue Bell temporarily closed all of its plants in late April 2015 to clean and update the facilities. Since re-opening its facilities in late 2015, Blue Bell has taken significant steps to enhance sanitation processes and enact a program to test products for Listeria prior to shipment.
Trial Attorneys Patrick Hearn and Matt Lash of the Civil Division’s Consumer Protection Branch prosecuted the case with assistance from Shannon Singleton and Michael Varrone of the FDA’s Office of Chief Counsel. The criminal investigation was conducted by the FDA’s Office of Criminal Investigations and the Department of Defense Criminal Investigative Service.
For more information about the enforcement efforts of the Consumer Protection Branch visit its website at http://www.justice.gov/civil/consumer-protection-branch.
Baltimore Businessman Lance Lucas Sentenced to 18 Months in Federal Prison for Honest Services Wire Fraud and Related ChargesRead the Press Release
Baltimore Maryland – U.S. District Judge Catherine C. Blake today sentenced Lance Andre Lucas, age 44, of Baltimore, Maryland, to 18 months in federal prison, followed by three years of supervised release, for federal honest services wire fraud and use of an interstate facility to carry on unlawful activity, also known as the Travel Act.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation Baltimore Field Office.
“Lance Lucas paid $42,500 to former Maryland Delegate Cheryl Glenn in exchange for official actions, to give his businesses an advantage,” said U.S. Attorney Robert K. Hur. “Legislative decisions must be made in the best interests of the public, not in exchange for bribes. The U.S. Attorney’s Office and the FBI will continue to hold accountable those who pay bribes to benefit their own interests over the public good.”
“As evident in today's sentencing, public corruption is not merely focused on persons holding public office, but extends to anyone attempting to leverage access to those with influence for personal benefit,” said Jennifer C. Boone, Special Agent in Charge of the FBI Baltimore Field Office. “The FBI's pledge to the public is that we will seek to root out public corruption wherever it may be, no matter the person, position, or purpose.”
According to his plea agreement, Lance Lucas was an entrepreneur and businessman. He was employed by Company 1, which developed the Cyber Warrior Diversity Program curriculum to sell to institutions offering education and training to persons interested in cybersecurity professions. Lucas partnered with other individuals who were involved in businesses engaged in distributing or growing medical marijuana, including Company 2 and Company 3. Company 2 was awarded a Stage One license pre-approval for a medical marijuana dispensary license by the Natalie M. LaPrade Maryland Medical Cannabis Commission, and sought final approval from the Cannabis Commission. Company 3 applied for a medical marijuana growing license in May 2019.
Until her resignation on December 18, 2019, Cheryl Glenn was a Maryland State Delegate representing District 45, which covered portions of Baltimore.
As detailed in the plea agreement, from May 22, 2018 through July 30, 2019, Lucas paid Glenn $42,500, defrauding the citizens of Maryland of the right to her honest services by providing bribes in exchange for Glenn’s official actions. Specifically, Lucas paid bribes for Glenn to introduce legislation that included a provision requiring the award of contracts under the Cyber Warrior Diversity program to certain businesses that met specified criteria. Company 1 met the criteria specified in the initial draft of the bill, although that provision was removed in the final bill. Lucas also paid bribes to Glenn to help Company 2 to obtain final approval from the Cannabis Commission for a medical marijuana dispensary license. Finally, Lucas paid bribes to Glenn to assist him with the Cannabis Commission to ensure that Company 3’s application for a medical marijuana growing license was selected during the “double-blind” review process.
Lucas admitted that he wrote checks made out to Glenn personally, not to her campaign committee, and that he provided her with cash payments. Lucas made several statements that money was not an issue and that he would not leave anything to chance. Lucas also assured Glenn that they would not be caught and stated “I’m from Baltimore for real, for real Baltimore . . . This is the least illegal thing I’ve ever done. This is like patty-cake compared to the [expletive] in Baltimore City.”
United States Attorney Robert K. Hur commended the FBI for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Leo J. Wise, who prosecuted the case.
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Bakersfield Man Indicted for Burglarizing Post Office and Other Postal CrimesRead the Press Release
FRESNO, Calif. — A federal grand jury returned a four-count indictment today against Steven Ray Martin, 39, of Bakersfield, charging him with burglary of a U.S. Post Office, obstruction of correspondence, unlawful possession of a postal key, and possession of stolen mail, U.S. Attorney McGregor Scott announced.
According to court documents, on Dec. 2, 2018, Martin forcibly broke into the Corcoran Post Office where he stole mail and a cash register. Two days later, Martin stole mail from the Arvin Post Office. Finally, on Jan. 8, 2019, Martin was found in unlawful possession of at least one postal key and hundreds of pieces of stolen mail.
This case is the product of an investigation by the U.S. Postal Inspection Service. Assistant U.S. Attorneys Vincente Tennerelli and Joseph Barton are prosecuting the case.
If convicted, Martin faces a maximum penalty of five years in prison and a $250,000 fine for each of the burglary, obstruction of correspondence, and possession of stolen mail charges, and 10 years in prison and a $250,000 fine for the unlawful possession of a postal key charge. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Auburn Man Indicted for Possession of Child PornographyRead the Press Release
BOSTON – An Auburn man was indicted today by a federal grand jury for possession of child pornography.
Jesse Laino, 24, was indicted on one count of possession of child pornography. In July 2020, Laino was arrested and charged by criminal complaint.
As alleged in charging documents, in July 2020, federal agents executed a search warrant at Laino’s residence and seized electronic devices that contained images and videos of child pornography. According to charging documents, Laino admitted that the devices belonged to him.
Possession of child pornography provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $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; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Auburn Police Chief Andrew J. Sluckis Jr.; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Arizona man charged with attempted murder of a federal task force officerRead the Press Release
ALBUQUERQUE, N.M. – Robert Benjamin Nelson, 28, of Scottsdale, Arizona, made an initial appearance in federal court today on charges of attempted murder of a federal officer and discharging a firearm during a crime of violence.
According to a criminal complaint, during a law enforcement stop on Sept. 12, Nelson allegedly fired through the passenger-side window of his vehicle at a uniformed New Mexico State Police Officer working as part of a federal task force, causing injuries to her hands, face and eyes. He then allegedly fled the scene, but was pursued and stopped again by the officer, and was apprehended with the assistance of two Laguna police officers.
Nelson also faces a penalty of 10 years to life in prison for the charge of discharging a firearm during a crime of violence and up to 20 years for attempted murder of a federal officer. A criminal complaint is only an accusation. A defendant is considered innocent unless and until proven guilty.
The FBI investigated this case in conjunction with the New Mexico State Police and the Albuquerque Multiagency Officer Involved Shooting Team. Assistant U.S. Attorneys Paul Mysliwiec and Jack Burkhead are prosecuting the case.
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Alleged Hartford Gang Member Sentenced to Prison for Selling Crack and FentanylRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that KENDALL FAIR, 21, of West Hartford, was sentenced today by U.S. District Jeffrey A. Meyer in New Haven to 15 months of imprisonment, followed by three years of supervised release, for distributing crack and fentanyl.
According to court documents and statements made in court, in July 2019, after a spate of gun violence in Hartford, the FBI’s Northern Connecticut Gang Task Force, DEA, Hartford Police Department and other law enforcement agencies initiated an investigation targeting gang-related drug distribution and associated violence in north Hartford. Investigators determined that a significant amount of the gun violence was committed by members of two rival neighborhood street gangs, the Dumouts and the Hoodstars. It is alleged that Fair was a member of the Dumouts. Between August and September 2019, investigators made three controlled purchases of crack and two controlled purchases of crack and fentanyl from Fair.
On September 13, 2019, investigators arrested Fair at his residence. During a search of Fair’s bedroom, investigators seized approximately 15 grams of crack, a quantity of cocaine, and six bags of fentanyl.
On April 27, 2020, Fair pleaded guilty to one count of possession with intent to distribute, and distribution of cocaine base (“crack”).
On May 14, 2020, Fair, who had been detained since his arrest, was released on a $100,000 bond. Fair’s conditions of release included that he reside with family in West Hartford, and that he be confined to the home with electronic monitoring.
In the early morning hours of September 7, 2020, Hartford Police responded to a location on Huntington Street in Hartford on a report of shots fired and found Fair suffering from two gunshot wounds to his leg. A handgun and approximately 40 different caliber shell casings were located at the scene.
Fair’s criminal history includes multiple felony convictions. He also was a victim of shooting incidents in March 2018 and May 2018.
Fair was remanded to the custody of the U.S. Marshals Service at the conclusion of today’s court proceeding.
The FBI’s Northern Connecticut Gang Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
This case was prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.
Albuquerque man charged with robbery under Operation LegendRead the Press Release
ALBUQUERQUE, N.M. – Jose Armijo, 36, of Albuquerque made an appearance in federal court today facing two counts of robbery by threats and violence. Armijo remains in custody.
According to a criminal complaint, on Dec. 30, 2018, Armijo allegedly entered a retail store with several accomplices and began placing high-value items into backpacks and laundry bags. As Armijo and his accomplices approached the store exit, Armijo allegedly brandished a firearm to threaten the store manager and security guard and left the store with stolen merchandise.
On July 16, according to the complaint, Armijo and two accomplices allegedly entered another retail store and began collecting a large amount of merchandise. Armijo allegedly became verbally aggressive to a store employee at the same time his accomplices were leaving the store with stolen items. As Armijo attempted to leave the store with several items, including the cellular phone of a second store employee, he allegedly assaulted and threatened to shoot the first employee, who sustained injuries during the incident.
If convicted, Armijo faces up to 20 years in prison and a fine of up to $250,000 for each count. A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty.
The FBI and the Albuquerque Police Department investigated this case. Assistant U.S. Attorney Nicholas Mote is prosecuting the case as part of the Department of Justice's Operation Legend, a coordinated federal and local law enforcement initiative to fight gun and dangerous crime.
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Acting U.S. Attorney Bubar Announces $340,313 to Fight Violence Against Women in Western District of VirginiaRead the Press Release
CHARLOTTESVILLE, Va. – Acting United States Attorney Daniel P. Bubar of the Western District of Virginia today announced that the Department of Justice’s Office on Violence Against Women (OVW) has awarded more than $340,000 to a Charlottesville-based agency that handles sexual assault training and education.
“This grant will help provide essential training to young men to serve as role models and help educate the community about domestic violence and sexual assault,” Acting United States Attorney Bubar said today. “These types of programs engage the community and establish a team of people committed to reducing violence.”
The Sexual Assault Resource Agency, will receive $340,313 through OVW’s Engaging Men Program. The Engaging Men program supports projects that create educational programming and community organizing to encourage men and boys to work as allies with women and girls to prevent domestic violence, dating violence, sexual assault, and/or stalking.
“It is absolutely essential that we engage men in our effort as a society to prevent violence,” said OVW Principal Deputy Director Laura Rogers. “This grant funding will help Virginia’s boys and men assume their vital role as we all work together to keep victims safe and hold offenders accountable for their crimes.”
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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.
16 September 2020
Worcester Business Owner Sentenced for Money Laundering ConspiracyRead the Press Release
BOSTON – The former owner of two Worcester restaurants was sentenced today in federal court in Worcester for conspiring with her restaurant manager to use drug proceeds to renovate and operate her Shrewsbury Street restaurant.
Stacey Gala, 29, of Worcester, was sentenced by U.S. District Court Judge Timothy S. Hillman to time served (one day in prison) and three years of supervised release that will include six months of home confinement. The government recommended a sentence of 32 months in prison. In November 2019, Gala pleaded guilty to an indictment charging her with conspiracy to commit money laundering.
Gala owned and operated The Usual Restaurant on Shrewsbury Street beginning in October 2016, along with her husband Kevin Perry. Gala and Perry employed Joseph Herman as the manager of The Usual. In March 2017, federal authorities arrested Perry on charges of money laundering and drug distribution.
After Perry’s arrest, Gala learned that Perry had concealed a significant amount of drug proceeds at a self-storage locker in Northborough. In May 2017, Gala and Herman conspired to retrieve the drug proceeds and to use them to renovate The Usual restaurant and to re-open the business under a new name (The Chameleon) and ostensibly new management.
In October 2017, Perry pleaded guilty to the money laundering and drug distribution charges and was sentenced to 14 years in prison. In January 2019, Herman pleaded guilty to conspiracy to commit money laundering, making false statements to federal investigators and attempted witness tampering. He is presently scheduled to be sentenced on Sept. 29, 2020.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service in Boston; and Steven M. Sargent, Chief of the Worcester Police Department made the announcement. Assistant U.S. Attorneys Greg A. Friedholm and John T. Mulcahy of Lelling’s Worcester Branch Office prosecuted the case.
Wilkes-Barre Man Convicted of Methamphetamine Laboratory and False Statement OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michael Laury, age 41, formerly of Wilkes-Barre, Pennsylvania, was convicted following a jury trial, of methamphetamine and false statement offenses. The six-day trial was held before United States District Court Judge Malachy E. Mannion in Scranton.
According to United States Attorney David J. Freed, the jury returned the guilty verdict on all counts charged in the superseding indictment after approximately three hours of deliberation. Laury was convicted of one count of managing a drug premises, one count of conspiring to manufacture and distribute methamphetamine, and one count of making a false statement to the FBI.
The evidence presented at trial showed that in May and June 2017, Laury assisted two drug dealers in running a methamphetamine laboratory in the basement of Laury’s Wilkes-Barre residence. The FBI and Pennsylvania State Police shuttered the laboratory in June 2017, when executing a search warrant. Following the search, Laury made false statements to the FBI about his knowledge of and involvement with the laboratory.
Laury has remained in custody since his October 2017 arrest. He was charged with three coconspirators, all of whom pleaded guilty to various methamphetamine offenses:
- Mark Heath, of Wilkes-Barre, Pennsylvania, pleaded guilty to a methamphetamine conspiracy and awaits sentencing;
- Shawn Melleski, of Wilkes-Barre, Pennsylvania, pleaded guilty to a methamphetamine conspiracy and was sentenced to 46 months of imprisonment and three years of supervised release; and
- Amy Casey, of Wilkes-Barre, Pennsylvania, pleaded guilty to maintaining a drug premises and awaits sentencing.
The matter was investigated by the FBI, the Pennsylvania State Police, and the Wilkes-Barre Police Department. The case was prosecuted by Assistant United States Attorneys Phillip J. Caraballo and Jeffrey St John.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The combined maximum penalty under federal law for Laury is up to 45 years of imprisonment. There is also a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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West Chester Drug Dealer Sentenced to 6 ½ Years for Selling Hundreds of Deadly Fentanyl Pills Disguised as OxycodoneRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Kevin Swing, a/k/a “Tone,” 36, of West Chester, PA, was sentenced to 6 ½ years in prison and three years of supervised release by United States District Judge H. Slomsky, for his role in distributing more than 900 pills containing a dangerous fentanyl analogue, a Schedule I controlled substance.
In January 2020, Swing pleaded guilty to conspiracy to distribute a substance containing a fentanyl analogue, as well as knowingly distributing a substance containing a fentanyl analogue, for his role in a scheme to sell fentanyl disguised as prescription oxycodone. On May 11, 2018, Swing used an intermediary to sell more than 900 pills containing the narcotic cyclopropyl fentanyl, a fentanyl equivalent, to his co-defendant Ryan Menkins, for $5,600. Each pill was imprinted with “ETH 446,” which is typically found on Oxycodone Hydrochloride 30 mg pills. In other words, the fentanyl pills were intentionally mislabeled as legitimate, prescription oxycodone pills. Co-defendant Menkins is currently scheduled for trial on December 14, 2020.
“It’s bad enough when legitimate prescription medication like oxycodone is misused and abused, but when a substance as dangerous as fentanyl is made to appear to be prescription medication, it can have disastrous consequences,” said U.S. Attorney McSwain. “Fentanyl and the misuse of opioids is killing our citizens, and Kevin Swing significantly contributed to our region’s opioid epidemic. Together with our law enforcement partners, my Office will do everything possible to stop the illegal distribution of these deadly drugs.”
“Thank you to the U.S. Attorney’s office for bringing justice to the citizens of Chester County by removing the defendant and his drug peddling from our streets,” said Chester County District Attorney Deb Ryan. “We must work together to keep our residents safe.”
“Kevin Swing was peddling pills that appeared to be standard oxycodone doses, but in fact contained a drug related to fentanyl,” said Michael J. Driscoll, Special Agent in Charge of the FBI's Philadelphia Division. “Anyone buying those pills would've been expecting one thing and getting another, with potentially deadly results. Drug dealers making money off the misery of others is bad enough, let alone this dangerous bait and switch. Taking Swing off the street should send a message that the FBI and our law enforcement partners continue to fight to make our communities safer in the face of the opioid epidemic.”
The case was investigated by the Federal Bureau of Investigation, Newtown Square Resident Agency and the West Whiteland Township Police Department, and is being prosecuted by Assistant United States Attorney Matthew T. Newcomer.
Virginia man admits to drug traffickingRead the Press Release
MARTINSBURG, WEST VIRGINIA – Damanya Terelle Carter, of Front Royal, Virginia, has admitted to his role in a drug distribution operation, U.S. Attorney Bill Powell announced.
Carter, 38, pled guilty to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine Hydrochloride.” Carter admitted to working with others to distribute cocaine hydrochloride in Jefferson County and elsewhere from February to March 2019.
Carter faces up to 20 years of incarceration and a fine of up to $1,000,000. 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 Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
United States Citizen Who Joined ISIS Charged with Material Support ViolationsRead the Press Release
WASHINGTON – An indictment and arrest warrant were unsealed today in the federal court of the District of Columbia charging Lirim Sylejmani, a Kosovo-born naturalized U.S. citizen, with conspiring to provide, providing, and attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, and receiving training from ISIS, in violation of 18 U.S.C. §§ 2339B and 2339D.
Sylejmani was detained overseas by the Syrian Democratic Forces (SDF) and recently transferred into FBI custody. Sylejmani made his initial appearance before Magistrate Judge Robin M. Meriweather in the U.S. District Court for the District of Columbia.
“The United States is committed to holding accountable those who have left this country in order to join ISIS,” said Assistant Attorney General John C. Demers. “I want to thank the agents, analysts and prosecutors involved for their effort to hold the defendant responsible for his actions.”
“The defendant is a U.S. citizen who abandoned the country that welcomed him to join ISIS in Syria” stated Acting U.S. Attorney Sherwin. “He will now be held accountable for his actions in an American courtroom. Our national security prosecutors and law enforcement partners will continue to ensure that those who threaten our country are prosecuted to the fullest extent of the law.”
“Today’s announcement underscores the FBI’s commitment to combatting terrorism worldwide. Sylejmani allegedly traveled to Syria with the intent to join, train with, and fight on behalf of ISIS, said Matthew R. Alcoke, Special Agent in Charge of the FBI Washington Field Office Counterterrorism Division. “The FBI Washington Field Office Joint Terrorism Task Force will continue to relentlessly pursue all individuals who choose to support terrorist organizations, no matter where they are located.”
According to the allegations in the indictment, from November 2015 through February 2019, Sylejmani conspired to provide and provided material support and resources, including personnel and services, to ISIS in Syria and received military training from the terrorist organization. The defendant was captured by the SDF in 2019 and has spoken to a number of media outlets about his time with ISIS.
The charges in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
This case is the result of an investigation conducted by the FBI’s Joint Terrorism Task Force. Assistant U.S Attorneys Jessi Camille Brooks and Brenda J. Johnson of the National Security Section, and Trial Attorney David Smith of the National Security Division’s Counterterrorism Section are litigating the case, with assistance from Paralegal Specialist Jorge Casillas.
United States Citizen Who Joined ISIS Charged with Material Support ViolationsRead the Press Release
An indictment and arrest warrant were unsealed today in the federal court of the District of Columbia charging Lirim Sylejmani, a Kosovo-born naturalized U.S. citizen, with conspiring to provide, providing, and attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, and receiving training from ISIS, in violation of 18 U.S.C. §§ 2339B and 2339D.
Sylejmani was detained overseas by the Syrian Democratic Forces (SDF) and recently transferred into FBI custody. Sylejmani made his initial appearance before U.S. District Court in Washington, D.C.
“The United States is committed to holding accountable those who have left this country in order to join ISIS,” said Assistant Attorney General John C. Demers. “I want to thank the agents, analysts and prosecutors involved for their effort to hold the defendant responsible for his actions.”
“The defendant is a U.S. citizen who abandoned the country that welcomed him to join ISIS in Syria” stated Acting U.S. Attorney Sherwin. “He will now be held accountable for his actions in an American courtroom. Our national security prosecutors and law enforcement partners will continue to ensure that those who threaten our country are prosecuted to the fullest extent of the law.”
“Combating terrorism remains the FBI’s top priority, and we will continue working with both our U.S. and foreign partners around the world in furtherance of that mission,” said Jill Sanborn, Assistant Director of the FBI's Counterterrorism Division. “Today’s announcement should serve as a warning to those who have traveled, or attempted to travel, to join ISIS that the FBI remains steadfast in ensuring they face justice.”
“Today’s announcement underscores the FBI’s commitment to combatting terrorism worldwide. Sylejmani allegedly traveled to Syria with the intent to join, train with, and fight on behalf of ISIS, said Matthew R. Alcoke, Special Agent in Charge of the FBI Washington Field Office Counterterrorism Division. “The FBI Washington Field Office Joint Terrorism Task Force will continue to relentlessly pursue all individuals who choose to support terrorist organizations, no matter where they are located.”
According to the allegations in the indictment, from November 2015 through February 2019, Sylejmani conspired to provide and provided material support and resources, including personnel and services, to ISIS in Syria and received military training from the terrorist organization. The defendant was captured by the SDF in 2019 and has spoken to a number of media outlets about his time with ISIS.
The charges in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
This case is the result of an investigation conducted by the FBI’s Joint Terrorism Task Force. Assistant U.S Attorneys Jessi Camille Brooks and Brenda J. Johnson of the National Security Section, and Trial Attorney David Smith of the National Security Division’s Counterterrorism Section are litigating the case, with assistance from Paralegal Specialist Jorge Casillas.
U.S. Seeks to Recover More Than $300 Million in Additional Assets Traceable to Funds Allegedly Misappropriated from Malaysian Sovereign Wealth FundRead the Press Release
The Justice Department announced today the filing of civil forfeiture complaints seeking the forfeiture and recovery of more than $300 million in additional assets allegedly associated with an international conspiracy to launder funds misappropriated from 1Malaysia Development Berhad (1MDB), a Malaysian sovereign wealth fund.
Acting Assistnat Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, Assistant Director Calvin Shivers of the FBI’s Criminal Investigative Division, and Chief Don Fort of IRS-Criminal Investigation made the announcement.
Combined with earlier civil forfeiture complaints filed beginning in July 2016, the United States has sought the forfeiture of more than $2.1 billion in assets traceable to funds embezzled from 1MDB. To date, as a result of these actions, the United States has recovered or assisted Malaysia in recovering nearly $1.1 billion in assets associated with the 1MDB international money laundering and bribery scheme. These actions represent collectively the largest action brought under the department’s Kleptocracy Asset Recovery Initiative as well as the largest civil forfeiture action ever instituted in the Justice Department’s history.
The complaints filed today in the Central District of California identify additional assets traceable to the 1MDB money laundering and bribery scheme. These assets include four dozen promotional movie posters that Riza Aziz acquired with more than $4 million in funds traceable to assets embezzled from 1MDB as well as an escrow account maintained in the United Kingdom holding more than $300 million. As alleged in the complaint, the funds in this escrow account are traceable to a line of credit extended by Petroleos de Venezuela S.A. (PDVSA) to PetroSaudi Oil Services (PetroSaudi) in connection with the use of two drill ships that PetroSaudi acquired with funds fraudulently obtained from 1MDB. As alleged in the complaint, PetroSaudi’s chief executive officer is Tarek Obaid, a citizen of Saudi Arabia and Switzerland.
According to the complaints, from 2009 through 2015, more than $4.5 billion in funds belonging to 1MDB were allegedly misappropriated by high-level officials of 1MDB and their associates. 1MDB was created by the government of Malaysia to promote economic development in Malaysia through global partnerships and foreign direct investment, and its funds were intended to be used for improving the well-being of the Malaysian people.
As alleged in the complaints, the members of the conspiracy – which included officials at 1MDB, their relatives and other associates – diverted more than $4.5 billion in 1MDB funds. Using fraudulent documents and representations, the co-conspirators allegedly laundered the funds through a series of complex transactions and shell companies with bank accounts located in the United States and abroad. These transactions allegedly served to conceal the origin, source and ownership of the funds, and ultimately passed through U.S. financial institutions to then be used to acquire and invest in assets located in the United States and overseas.
As alleged in the earlier complaints, in 2009, 1MDB officials and their associates embezzled approximately $1 billion that was supposed to be invested to exploit energy concessions purportedly owned by a foreign partner. Instead, the funds were allegedly transferred through shell companies and were used to acquire a number of assets, as set forth in the complaints. The complaints also allege that the co-conspirators misappropriated close to $1.4 billion in funds raised through bond offerings in 2012, and more than $1.2 billion following another bond offering in 2013. The complaints also allege that in 2014, the co-conspirators misappropriated approximately $850 million in 1MDB funds under the guise of repurchasing certain options that had been given in connection with a guarantee of the 2012 bonds.
The FBI’s International Corruption Squads in New York City and Los Angeles and the IRS-CI are investigating the case. Deputy Chief Woo S. Lee and Trial Attorneys Barbara Levy, Joshua L. Sohn and Jonathan Baum of the Criminal Division’s Money Laundering and Asset Recovery Section are prosecuting the case. Assistant U.S. Attorney Jonathan Galatzan of the U.S. Attorney’s Office for the Central District of California provided substantial assistance. The Justice Department’s Office of International Affairs provided substantial assistance in this matter.
The department also expresses its deep appreciation for the significant assistance provided by the United Kingdom authorities, Office of the Attorney General and the Federal Office of Justice of Switzerland, the Attorney General’s Chambers of Singapore, the Singapore Police Force-Commercial Affairs Division, the Attorney General’s Chambers of Malaysia, the Royal Malaysian Police, the Malaysian Anti-Corruption Commission, the judicial investigating authority of the Grand Duchy of Luxembourg, the Criminal Investigation Department of the Grand-Ducal Police of Luxembourg, and the International Anti-Corruption Coordination Centre (IACCC).
The Kleptocracy Asset Recovery Initiative is led by a team of dedicated prosecutors in the Criminal Division’s Money Laundering and Asset Recovery Section, in partnership with federal law enforcement agencies, and often with U.S. Attorney’s Offices, to forfeit the proceeds of foreign official corruption and, where appropriate, to use those recovered assets to benefit the people harmed by these acts of corruption and abuse of office. In 2015, the FBI formed International Corruption Squads across the country to address national and international implications of foreign corruption. Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should contact federal law enforcement or send an email to [email protected] (link sends e-mail) or https://tips.fbi.gov/.
A civil forfeiture complaint is merely an allegation that money or property was involved in or represents the proceeds of a crime. These allegations are not proven until a court awards judgment in favor of the United States.
U.S. Citizen Sentenced to 21 Months in Prison in Scheme to Unlawfully Export Stolen U.S. TechnologyRead the Press Release
WASHINGTON – Si Mong Park, 50, a United States citizen born in South Korea, was sentenced on September 14, 2020 for stealing technology from U.S. companies he worked for and unlawfully exporting the technology to South Korea. Judge Rudolph Contreras sentenced the defendant to 21 months in prison and 36 months of supervised release.
The defendant worked as a software engineer in the United States. While working for two different American defense contractors, he stole technical proprietary data relating to testing environment software for a storage management system for a military aircraft, and data relating to a missile system. In November 2011, he took that information to South Korea, and subsequently presented some of that information to non-U.S. personnel in order to drum up business for his company. The files contained technical data that under the Arms Export Control Act were designated on the United States Munitions List. Under the International Traffic in Arms Regulations, the defendant was required to apply for and obtain an export license from the United States Department of State before exporting the technical data to another country or showing it to another foreign citizen. The defendant was extradited to the United States in August of 2019, and pled guilty.
“The defendant stole sensitive U.S. military-related information and sought to use it for his own benefit. The U.S. Attorney’s Office is committed to prosecuting those who violate U.S. export laws designed to protect our national security. ” said Acting U.S. Attorney Michael R. Sherwin.
“When Si Mong Park worked for American defense contractors, he was entrusted with sensitive information about our defense systems. He betrayed that trust when he stole and illegally exported that information to pursue profit for his own gain,” said Special Agent in Charge of the Washington, D.C. Field Office Raymond Villanueva. “Homeland Security Investigations works to investigate and seek prosecution for those who partake in the illegal export of U.S. military technical data to other nations as part of our mission to protect national security.”
"The illegal compromise of sensitive technology and information poses serious risks to our defense systems and personnel," said Special Agent in Charge Robert E. Craig, Jr., of the DCIS Mid-Atlantic Field Office. "DCIS remains committed to working with our law enforcement partners to ensure the protection of critical defense technology and to bring to justice those who threaten our national security."
This case was investigated by Homeland Security Investigations Field Office. The case was prosecuted by Assistant U.S. Attorney Brenda J. Johnson of the National Security Section, Senior Trial Attorney Jeff Pearlman of the Computer Crime and Intellectual Property Section of the Department of Justice and Heather Schmidt of the National Security Division. The Office of International Affairs, HSI Seoul, HSI Jakarta and the Seoul Metropolitan Police Agency also provided valuable assistance in the case.
U.S. Attorney Justin Herdman announces more than $2 million to help address violence against women in the Northern District of OhioRead the Press Release
U.S. Attorney Justin Herdman announced today that the Department of Justice’s Office on Violence Against Women (OVW) has awarded more than $2.3 million to Northern Ohio organizations to help reduce violence against women and to strengthen services to victims of domestic violence, dating violence, sexual assault, and stalking.
“Every dollar that the Department of Justice provides to address domestic violence in Northern Ohio has a positive impact on the lives of victims and survivors,” said U.S. Attorney Justin Herdman. “These organizations have a strong program in place to address crucial needs or expand services.”
The award breakdown is as follows:
Cuyahoga County, Improving Criminal Justice Responses Program – $824,800
The Improving Criminal Justice Response Program encourages state, local, and tribal governments and state, local, and tribal courts to treat domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law requiring the coordinated involvement of the entire criminal justice system.
Cleveland Rape Crisis Center, Children and Youth Program – $497,873
The Grants to Prevent and Respond to Domestic Violence, Dating Violence, Sexual Assault, and Stalking Against Children and Youth Program supports projects that develop, expand, and strengthen prevention, intervention, and response strategies that target children and youth who are victims of and/or exposed to domestic violence, dating violence, sexual assault, or stalking, including support for the non-abusing parents, caretakers, and legal guardians.
Cleveland Rape Crisis Center, Enhanced Training and Services to End Abuse in Later Life Program – $399,991
The Enhanced Training and Services to End Abuse in Later Life Program’s purpose is to increase and strengthen training for police, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of abuse, neglect, exploitation, domestic violence, and sexual assault against older individuals; provide or enhance services for older victims; create
or support multidisciplinary collaborative community responses to older victims; and conduct cross-training for victim service organizations, governmental agencies, courts, law enforcement, and nonprofit, nongovernmental organizations serving older victims.
The University of Toledo, Grants to Reduce Domestic Violence, Dating Violence, Sexual Assault, and Stalking on Campus Program - $299,999
Heidelberg University, Grants to Reduce Domestic Violence, Dating Violence, Sexual Assault, and Stalking on Campus Program - $299,946
These programs provide a unique opportunity for institutions of higher education to establish multidisciplinary approaches to combat domestic violence, dating violence, sexual assault, and stalking on campuses. These comprehensive efforts are designed to enhance victim services, implement prevention and education programs, and develop and strengthen security and investigation strategies in order to prevent, prosecute, and respond to domestic violence, dating violence, sexual assault, and stalking.
“For domestic violence victims, the added stressors of the pandemic can make a dangerous situation even worse,” said OVW Principal Deputy Director Laura Rogers. “Our grants in Ohio are a timely contribution to approaches already underway to keep victims safe and hold offenders accountable for their crimes.”
For more information on the Office of Violence Against Women, visit https://www.justice.gov/ovw