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Monday 27 July 2020
Independence Man Sentenced to 30 Years for Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – An Independence, Missouri, man was sentenced in federal court today for illegally possessing a firearm.
Jose D. Drew, 29, was sentenced by U.S. District Judge Greg Kays to 30 years in federal prison without parole. Drew was sentenced as an armed career criminal due to his prior felony convictions.
On Jan. 16, 2020, Drew was found guilty at trial of one count of being a felon in possession of a firearm.
Evidence introduced during the trial indicated that Drew was in possession of a loaded Glock .45-caliber semi-automatic pistol with an extended magazine on July 13, 2018. Agents stopped a vehicle when it pulled into a parking spot in front of an apartment building and arrested Drew. When agents searched the vehicle, they found the Glock pistol between the passenger seat (where Drew was sitting) and the center console. A DNA comparison later confirmed that Drew’s DNA was located on the trigger guard area of the pistol.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Drew has three prior felony convictions for robbery and armed criminal action, each of which involved the possession and use of a deadly weapon. According to court documents, Drew was on parole for two of these offenses when he committed the federal crime. While under supervision for these offenses, Drew incurred 31 conduct violations.
According to court documents, while in custody in this case Drew stabbed another inmate with a sharpened piece of metal, slammed a correctional officer’s head into a food tray port, which resulted in the officer’s hospitalization, struck an assistant shift supervisor, and attempted to strike correctional officers with a homemade weapon.
This case was prosecuted by Assistant U.S. Attorneys Robert Smith and Joseph M. Marquez. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.Hartsville Man Sentenced in Federal Court for Drug ChargesRead the Press Release
Florence, South Carolina --- United States Attorney Peter M. McCoy, Jr. announced today that Claude Junior Moore, IV, 26, of Hartsville, was sentenced to five years in federal prison after pleading guilty to conspiracy to distribute methamphetamine and crack cocaine.
Evidence presented to the court showed that, for the past four years, Moore was involved in a conspiracy to distribute methamphetamine and crack cocaine in Chesterfield and Darlington Counties. On January 24, 2019, an officer with the Hartsville Police Department responded to a local store where he located a car matching the description of one which had fled from him six days earlier. Upon searching the car, which belonged to Moore, the officer found more than six grams of methamphetamine. On February 13, 2019, officers with the Chesterfield County Sheriff’s Office, acting upon information that Moore was in possession of narcotics, attempted to apprehend him while he was sitting in his car. The officers activated their blue lights, drew their weapons, and commanded him to step out with his hands raised. Moore refused, put the car in reverse and, after almost hitting one of the officers, fled the scene. Officers then pursued Moore, who eventually drove the car into a ditch and fled on foot. During a search of the car officers found more than three grams of cocaine. Prior to these incidents, on multiple occasions in June and July of 2017, Moore sold methamphetamine in the Hartsville area to a confidential informant working for law enforcement. There were also a significant number of cooperating witnesses who said that during the course of the conspiracy, Moore sold them methamphetamine and crack.
Chief United States District Judge R. Bryan Harwell sentenced Moore to 60 months incarceration, to be followed by a four-year term of court-ordered supervision.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), Chesterfield County Sheriff’s Office, and Hartsville Police Department. Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Harrison County man admits to having more than 500 grams of methamphetamineRead the Press Release
CLARKSBURG, WEST VIRGINIA – Joseph Herbert Hobbs, of Reynoldsville, West Virginia, has admitted today to a methamphetamine charge, U.S. Attorney Bill Powell announced.
Hobbs, also known as “Joe,” age 38, pled guilty to one count of “Possession with Intent to Distribute 500 grams or more of Methamphetamine.” Hobbs admitted to having more than 500 grams of methamphetamine in Harrison County in February 2020.
Hobbs at least 10 years and up to life incarceration and a fine of up to $10,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Brandon S. Flower is prosecuting the case on behalf of the government. The Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge Thomas S. Kleeh presided.
Grand Jury - July 2020Read the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 21 unsealed Indictments charging 26 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Mario Alonzo Rodriguez, age 46, is charged with illegal reentry after deportation on or about June 29, 2020, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Jose Avila Reynoso, age 48, is charged with illegal reentry after deportation on or about June 16, 2020. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Orlando De Jesus Baralaga-Martinez, age 35, is charged with illegal reentry after deportation on or about December 30, 2019, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* John Bourisaw, age 28, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) on January 22, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment. Count II charges the defendant with using or possessing a firearm during a drug trafficking crime on or about January 22. 2020. The maximum possible penalty if convicted is life imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Carlos G. Diaz, age 18, of Victorville, California, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on May 28, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment.
* Luis Galvan-Borbolla, age 36, and Ignacio Palma, age 43, both of Omaha, are charged with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) on June 24, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about June 25, 2020.
* Taylor Grant, age 34, of Macy, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with assault resulting in serious bodily injury in Indian Country on or about June 15, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with domestic assault resulting in substantial bodily injury in Indian Country on or about June 15, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Joaquin Gutierrez, age 29, of Omaha, is charged with a felon in possession of a firearm on or about June 17, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Josue Jonathan Herrera, age 31, is charged with illegal reentry after deportation on or about April 29, 2020, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Wilson Hidalgo-Alvarado, age 39, is charged with illegal reentry after deportation on or about July 28, 2019, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Pascual Lopez-Bernabe, age 31, is charged with illegal reentry after deportation following a felony conviction on or about May 13, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Juan Antonio Lopez Tercero, age 35, is charged with illegal reentry after deportation on or about July 7, 2020. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Cleto Mendoza Ramiro, age 30, is charged with illegal reentry after deportation on or about July 2, 2020, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Gregory Neemann, age 54, and Michael Allison, age 50, both of Omaha, are charged in a three-count Indictment. Count I charges the defendants with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) beginning on or about March 9, 2020, and continuing to on or about March 13, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count II charges Neemann with possession with intent to deliver 50 grams or more of methamphetamine (actual) on March 13, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count III charges Allison with possession with intent to deliver 500 grams or more of methamphetamine (mixture) on March 13, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about March 13, 2020.
* Bany Nyuon, age 29, of Omaha, is charged with a prohibited person (felon) in possession of a firearm on or about March 5, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Lonnie L. Perry, age 28, is charged in a four-count Indictment. Count I charges the defendant with interference with Interstate Commerce by way of Robbery on or about October 25, 2017. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with brandishing a firearm during and in relation to a crime of violence on or about October 25, 2017. The maximum possible penalty if convicted is life imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with interference with Interstate Commerce by way of Robbery on or about November 5, 2017. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count IV charges the defendant with brandishing a firearm during and in relation to a crime of violence on or about November 5, 2017. The maximum possible penalty if convicted is life imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Sammie Odell Ranson, Jr., age 29, of Omaha, is charged in a three-count Indictment. Count I charges the defendant with interference with Interstate Commerce by way of Robbery on or about March 30, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with brandishing a firearm during and in relation to a crime of violence on or about March 30, 2020. The maximum possible penalty if convicted is life imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with interference with Interstate Commerce by way of Robbery on or about April 5, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Joseph Rauber, age 50, Almendra Escobedo-Orozco, age 35, Maria Sanchez-Delgado, age 26, and Silvia Flores-Martinez, age 25, are charged in a five-count Indictment. Count I charges Rauber and Escobedo-Orozco with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) beginning on or about March 1, 2020, and continuing to on or about May 28, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count II charges Rauber with possession with intent to deliver 50 grams or more of methamphetamine (actual) on March 17, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count III charges Rauber with possession with intent to deliver 50 grams or more of methamphetamine (actual) on or about May 12, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count IV charges Rauber with possession with intent to deliver 50 grams or more of methamphetamine (actual) on or about May 19, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count V charges Sanchez-Delgado and Flores-Martinez with possession with intent to deliver a detectable amount of marijuana on or about May 19, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, two-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about May 19, 2020 and May 28, 2020.
* Charlie Rea, age 29, of Chicago, Illinois, is charged with possession with intent to deliver 400 grams or more of fentanyl (mixture), and 500 grams or more of cocaine (mixture) on or about June 27, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about June 27, 2020.
* Delmus Wilkerson, age 52, of Omaha, is charged with possession with intent to deliver 10 grams or more of fentanyl (mixture) on or about April 21, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment.
* Zhijun Xia, age 29, of Omaha, is charged in a two-count Indictment. Count I charges the defendant with production of child pornography on or about June 1, 2018 and through on or about February 28, 2020. The maximum possible penalty is 30 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $50,000 additional special assessment. Count II charges the defendant with coercion and enticement of a minor beginning on or about July 9, 2020, through on or about July 11. 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment and $5,000 additional special assessment.
Government's Response in Opposition to Motion for Reduction in SentenceRead the Press Release
The United States opposes Defendant’s request for a reduction in sentence and compassionate release. Consideration of the issues taken into account in evaluating a compassionate release application leads to the conclusion that Defendant’s motion should be denied.
Government's ResponseGates Man Going to Prison for A Decade for Receiving Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Gary Zeitvogel, 46, of Gates, NY, who was convicted of receiving child pornography, was sentenced to serve 10 years in prison, followed by 20 years of supervised release, by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in June 2019, Facebook alerted the National Center for Missing and Exploited Children (NCMEC) that the defendant appeared to be engaged in sexually explicit conversations with a 15 year-old female. Utilizing information provided by Facebook, NCMEC determined that Zeitvogel and the minor victim were both located in Rochester.
NCMEC forwarded the tip to the New York State Police, who located the victim and discovered that the defendant was serving a term of probation with the Monroe County Probation Department as a result of a prior conviction for endangering the welfare of a child. On July 1, 2019, State Police investigators and Monroe County Probation Officers searched the defendant’s residence in Gates and recovered a cell phone which contained the Facebook application, in violation of his probation conditions. Zeitvogel was taken in to custody for violating his probation.
A search warrant was executed on both the phone and Facebook account. Investigators observed over 1,500 images of child pornography on the phone, some of which depicted prepubescent minors, including the minor victim. Investigators also discovered sexually explicit conversations, which took place between March and June 2019, involving Zeitvogel and the minor victim. Investigators also determined that the two had been in contact at the defendant’s home.
The sentencing is the result of an investigation by the National Center for Missing and Exploited Children; the New York State Police, under the direction of Major Eric Laughton; Monroe County Child Protective Services, under the direction of director Kathy Cardilli; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.# # # #
Fremont Woman Pleads Guilty to Social Security FraudRead the Press Release
CONCORD - April Carroll, 62, of Fremont, pleaded guilty in federal court to social security fraud, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Carroll received Supplemental Security Income (“SSI”) benefits for over 9 years. Applicants for certain disability benefits, including SSI, must have limited income and resources in order to qualify for assistance. The incomes of all members of a household are considered when determining an individual’s eligibility for SSI benefits.
After several unsuccessful attempts to obtain social security disability benefits, in December 2010, Carroll successfully applied for SSI benefits by falsely claiming that she and her husband were separated and that her husband did not provide for any of her living expenses. In reality, she and her husband had lived together for more than 10 years and they comingled their assets, sharing in their household and other living expenses. Based on these false statements, SSA granted Carroll’s claim and began paying her social security disability benefits on April 1, 2011. Had Carroll told SSA the truth about her finances and living situation she would not have been eligible to receive SSI benefits.
SSA occasionally interviewed Carroll to determine if she remained entitled to benefits. During interviews in 2012, 2013, 2014, 2015, 2016, and 2018 Carroll again falsely claimed that she did not live with her husband and that she did not receive any financial support from him. On February 20, 2020, investigators interviewed Carroll at her home. During the interview, she admitted that she and her husband co-own their home and that they have a joint bank account where they comingle their assets. Carroll also admitted that her husband does not have an alternate address, lives full time at her residence, and that she should have reported this to the SSA. When asked about her prior claim to SSA that her husband had not lived with her for years, Carroll said “I lied.”
Due to Carroll’s concealment and false statements, SSA paid Carroll $77,953.00 in SSI benefits she was not entitled to receive.
Carroll is scheduled to be sentenced on November 2, 2020.
“Supplemental Security Income (SSI) benefits provide essential monetary support to qualified individuals,” said U.S. Attorney Murray. “The program is seriously undermined when applicants lie to obtain benefits. Persons who engage in this type of deceptive behavior will be held accountable in federal court.”
This matter was investigated by the Social Security Administration’s Office of the Inspector General. The case is being prosecuted by Assistant U.S. Attorney Matthew Hunter.
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Frederick County Felon Facing Federal Charges for Large-Scale Cocaine and Heroin Distribution OperationRead the Press Release
Baltimore, Maryland – A federal criminal information has been filed charging Lamonte Montae Young, Sr., a/k/a “Fats,” age 41, of Frederick, Maryland, on the federal charges of possession with intent to distribute controlled substances, possession of a firearm and ammunition by prohibited person, and possession of a firearm in furtherance of a drug trafficking crime. The criminal information was filed on June 12, 2020. Young had his initial appearance and arraignment in U.S. District Court late on July 24, 2020, and was ordered to be detained pending a detention hearing on Friday, July 31, 2020, at 10:00 a.m.
The federal charges were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; Frederick Police Acting Chief Patrick Grossman; Frederick County Sheriff Charles A. “Chuck” Jenkins; and Frederick County State’s Attorney J. Charles Smith.
According to the criminal information and other court documents, members of the Frederick Police Department and agents with Homeland Security Investigation (HSI) began investigating Young in December 2019 in connection with the large-scale distribution of cocaine in Frederick, Maryland. On February 25, 2020, law enforcement officers were conducting surveillance of Young and followed him into Virginia, where they observed Young engage in what they believed to be a drug transaction. As Young was driving back into Maryland from Virginia, law enforcement officers conducted a traffic stop on Young’s vehicle for windows that were illegally tinted. Officers called a canine unit to the scene. The canine alerted to the exterior of the vehicle for the odor of drugs. Law enforcement recovered two large boxes from the trunk of the vehicle and the boxes were found to contain more than 21 kilograms of cocaine and 1.5 kilograms of heroin.
Members of the Frederick High Intensity Drug Trafficking Area (HIDTA) Task Force then executed search warrants at four addresses in Frederick and Hagerstown, Maryland associated with Young. During a search of these locations, detectives seized an additional 344 grams of heroin, 3 handguns (1 reported stolen), and $270,000 in United States currency.
If convicted, Young faces a mandatory minimum sentence of 10 years and a maximum sentence of life in federal prison for possession with intent to distribute cocaine and heroin; a mandatory minimum sentence of 15 years and a maximum sentence of life in federal prison for possession of a firearm and ammunition by a prohibited person; and a mandatory consecutive minimum sentence of 5 years and a maximum sentence of life in federal prison for possession of a firearm in furtherance of a drug trafficking crime. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
A criminal information is not a finding of guilt. An individual charged by criminal information is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended HSI, the Frederick Police Department, Frederick County Sheriff’s Office, Maryland State Police, and the Frederick County State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Jeffrey J. Izant, who is prosecuting the case.
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Former UCLA Soccer Coach Enters Guilty Plea in College Admissions CaseRead the Press Release
BOSTON – The former men’s soccer coach at the University of California – Los Angeles (UCLA), entered a guilty plea today in connection with his involvement in a scheme to use bribery and fraud to facilitate the admission of applicants to UCLA.
Jorge Salcedo, 47, of Los Angeles, Calif., entered a guilty plea as to one count of conspiracy to commit racketeering. U.S. District Court Judge Indira Talwani deferred acceptance of the plea until sentencing, which is scheduled for Nov. 24, 2020. According to the terms of the plea agreement, the government will recommend a sentence at the low end of the sentencing guidelines, one year of supervised release, a fine, forfeiture in the amount of $200,000 and restitution.
In 2016, Salcedo agreed with William “Rick” Singer, Ali Khosroshahin – a former head coach of women’s soccer at the University of Southern California – and others to facilitate the admission of the daughter of Davina and Bruce Isackson to UCLA as a purported women’s soccer recruit. Salcedo emailed the UCLA women’s soccer coaches the Isacksons’ daughter’s transcript, test scores, and a fake soccer profile that he had received from Singer and Khosroshahin. When UCLA compliance officers questioned how the Isacksons’ daughter was discovered and whether she actually played soccer, Salcedo created a fake backstory about how he learned about the Isacksons’ daughter through a club team coach. Around June 29, 2016, UCLA provisionally admitted the Isacksons’ daughter as a recruited walk-on for the women’s soccer team. For his part in the deal, Salcedo received $100,000 of the $250,000 that the Isacksons paid Singer.
In 2018, Salcedo agreed with Singer and Khosroshahin to “recruit” the son of Xiaoning Sui, another client of Singer’s, to the UCLA men’s soccer team despite the fact that Sui’s son did not play soccer competitively. In the recruitment paperwork, Salcedo falsely reported that he had seen Sui’s son play in China and that he planned to offer him a 25% scholarship which would be “good value” for a player of his quality. Around Nov. 6, 2018, as a result of Salcedo’s recruitment, Sui’s son was admitted to UCLA as a student-athlete on the men’s soccer team with a 25% scholarship. In exchange, Salcedo accepted a $100,000 bribe from Singer, who had been paid $400,000 by Sui.
Salcedo also agreed with Singer to recruit another student. During a consensually recorded call on Nov. 30, 2018, Singer proposed to Salcedo that he had another student for Salcedo to recruit who was not a “real soccer player.” Singer asked Salcedo if they could “do the same deal we did with” Sui’s son. After Singer clarified that the deal would be for 2020, Salcedo affirmed that he could give the student a scholarship in return for $100,000.
Singer, Khosroshahin, Davina and Bruce Isackson, and Sui have all pleaded guilty to their roles in the offense. Sui was sentenced to time served of approximately five months in prison. Singer, Khosroshahin and Davina and Bruce Isackson are cooperating with the government’s investigation.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of racketeering conspiracy provides for a sentence of up to 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater and restitution. 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, Kristen A. Kearney, Karin M. Bell and Stephen E. Frank of Lelling’s Criminal Division are prosecuting the case.
Former Long Island Doctor Pleads Guilty to Conspiring to Illegally Distribute OxycodoneRead the Press Release
Earlier today, in federal court in Central Islip, Tameshwar Ammar, a former medical doctor in Roslyn, New York, pleaded guilty via teleconference to conspiring to illegally distribute oxycodone. Ammar was indicted in November 2019. On June 22, 2020, he relinquished his license to practice medicine. Today’s plea was entered before United States District Judge Denis R. Hurley. As part of his plea, Ammar agreed to forfeit approximately $245,700 as proceeds involved in the oxycodone offense. When sentenced, Ammar faces up to 20 years in prison.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, and Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), announced the guilty plea.
As set forth in the indictment and other court filings, between 2013 and 2019, Ammar illegally prescribed thousands of highly addictive oxycodone pills to two individuals identified in the indictment as John Doe 1 and John Doe 2. According to a review of Ammar’s medical files for the two individuals, Ammar wrote the prescriptions without any diagnostic proof that either had a legitimate medical necessity. Ammar prescribed oxycodone pills to John Doe 1, knowing that he intended to sell the pills to others. In addition, after learning that John Doe 2 had been admitted to a psychiatric facility in March 2018, Ammar continued to prescribe John Doe 2 with oxycodone as well as methadone. In July 2019, John Doe 2 died of a drug overdose caused by oxycodone, methadone and ketamine. After his arrest on November 7, 2019, Ammar was ordered by the Court to surrender his DEA registration.
“Today’s guilty plea establishes that the defendant, who was a doctor, essentially acted as a drug dealer, spreading injury and addiction without regard for the consequences,” stated Acting United States Attorney DuCharme. “This Office and our partners at the DEA are working tirelessly to combat the opioid epidemic on Long Island and elsewhere, including by prosecuting medical professionals who betray their oath to do no harm.” Mr. DuCharme also thanked the U.S. Department of Health and Human Services, Office of Inspector General, New York Region, for their assistance during the investigation.
“Dr. Ammar’s plea shows us that his motivation was greed, not the welfare and health of his patients. Instead of healing, he chose a dangerous path of causing addiction, overdose, and overwhelming suffering to many. I commend the DEA Long Island Tactical Diversion Squad, the U.S. Attorney’s Office for the Eastern District of New York and our law enforcement partners for pursuing the investigation and prosecution with diligence and determination,” stated DEA Special Agent-in-Charge Donovan.
The government’s investigation was led by the DEA’s Long Island Tactical Diversion Squad, comprising agents and officers of the DEA, Nassau County Police Department (NCPD), Suffolk County Police Department, Port Washington Police Department and Rockville Centre Police Department. The DEA Tactical Diversion Squad also worked in conjunction with officers and agents of the U.S. Department of Health & Human Services Office of the Inspector General and the Hempstead Police Department.
This case is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York as part of the Prescription Drug Initiative. In January 2012, this Office and the DEA, in conjunction with the five District Attorneys in this district, the Nassau and Suffolk County Police Departments, the New York City Police Department, the New York State Police and other key federal, state and local government partners launched the Initiative to mount a comprehensive response to what the United States Department of Health and Human Services Center for Disease Control and Preventions called an epidemic increase in the abuse of so-called opioid analgesics. To date, the Initiative has brought over 160 federal and local criminal prosecutions, including the prosecution of over 20 health care professionals; taken civil enforcement actions against a hospital, a pharmacy and pharmacy chain; removed prescription authority from numerous rogue doctors and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers. The Initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Bradley T. King and Madeline O’Connor are in charge of the prosecution.
The Defendant:
TAMESHWAR AMMAR
Age: 52
Amityville, New YorkE.D.N.Y. Docket No. 19-CR-516 (DRH)
Former Financial Consultant Pleads Guilty to Fraud, Money Laundering, and Tax OffensesRead the Press Release
East St. Louis, Ill. – Douglas J. Kiffmeyer, 45, of Granite City, Illinois, pleaded guilty today to
a 17-count federal indictment that charged wire fraud, failure to file individual and corporate
income tax returns, and money laundering.Kiffmeyer held himself out to the public as a retirement planner, financial consultant, and tax
advisor. He operated businesses under the names of Modern Retirement Professionals and Kiffmeyer
Tax Advisory Group, Inc. He solicited funds from clients for personal investments and made personal
expenditures with investor funds that totaled approximately $1.5 million. Very little of the
investor funds were ever used for their intended purpose, with most of the funds going to pay for
Kiffmeyer’s personal expenses. None of the money received was reported by Kiffmeyer as income to
the corporation or as personal income to the Internal Revenue Service.Sentencing is scheduled for Nov. 10, 2020. The charges against Kiffmeyer were the result of an
investigation conducted by the Illinois Securities Department and the Internal Revenue
Service Criminal Investigation division.
Former Employee at Middlesex County Warehouse Leased by Federal Government Admits Theft of Hundreds of iPhonesRead the Press Release
TRENTON, N.J. – A Somerset County, New Jersey, man admitted today that he stole almost 300 iPhones that had been seized by Customs and Border Protection (CBP) and were temporarily stored at a warehouse in Dayton, New Jersey, U.S. Attorney Craig Carpenito announced.
Joel Cruz, 27, of Franklin Park, New Jersey, pleaded guilty today by videoconference before U.S. District Court Judge Michael Shipp to an information charging him with theft from an interstate or foreign shipment.
According to documents filed in this case and statements made in court:
In November 2014, CBP seized approximately 14 boxes, containing 628 iPhones, from Boston Logan International Airport. All of the boxes were shipped from the United States, and were en route to Dubai, United Arab Emirates. After their seizure, the boxes were consolidated into six containers, each containing a unique shipping code, and were shipped and delivered to the Dayton warehouse.
Cruz was an employee of Company 1, which had contracted with the Treasury Executive Office for Asset Forfeiture (TEOAF), a federal agency, to provide services regarding the management of property seized by CBP and stored at the warehouse. Company 1 contracted with third parties, including Company 2, to provide temporary contractors to work at the warehouse.
Between Jan. 9, 2015, and Feb. 2, 2015, Cruz scanned the location of the seized boxes inside the warehouse and stole 292 iPhones worth $218,372. He removed the iPhones from the warehouse on separate occasions by concealing them in his pants, boots, and jacket. Luis Ramos, a Company 2 employee, assisted Cruz in removing a small number of the iPhones in exchange for one or two of the phones. Ramos was previously charged in connection with his role in the scheme, and those charges remain pending.
Cruz provided 175 to 200 of the stolen iPhones to a former employee of the warehouse to sell on Cruz’s behalf. Cruz sold the remaining stolen iPhones on his own.
The theft from interstate or foreign shipment carries a maximum potential penalty of 10 years in prison and is punishable by a fine of $250,000 or twice the amount of the pecuniary gain or loss from the offense.
U.S. Attorney Carpenito credited special agents of the U.S. Department of Homeland Security, Office of Inspector General, Newark Field Office, under the direction of Assistant Special Agent in Charge Brian C. McCarthy; U.S. Department of Homeland Security, Federal Protective Service, Region 2, under the direction of Regional Director Robert Sooter; Customs and Border Protection, Office of Professional Responsibility, SAC/NYC, under the direction of Special Agent in Charge Vance Kuhner; and the U.S. Department of Treasury, Office of Inspector General, Washington, D.C., under the direction of Assistant Inspector General for Investigations Sally D. Luttrell with the investigation leading to today’s guilty plea.
The government is represented by Senior Trial Counsel Leslie F. Schwartz of the U.S. Attorney’s Office Special Prosecutions Division in Newark.
Former Department of Defense Employee Pleads Guilty to Strangulation and Knife Assault while Living OverseasRead the Press Release
An Oklahoma City, Oklahoma man pleaded guilty today in the Western District of Oklahoma for assaulting two neighbors inside their apartment building in Okinawa, Japan, while working for the U.S. Armed Forces overseas as a civilian engineer.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Timothy J. Downing of the Western District of Oklahoma, and U.S. Air Force Office of Special Investigations Commander Brigadier General Terry L. Bullard made the announcement.
Brendan Rowin Figuly, 31, pleaded guilty to two counts of assault resulting in serious bodily injury before U.S. District Court Judge Bernard M. Jones. Sentencing has not yet been scheduled.
As alleged in the government’s previous charging documents, Figuly was living in Okinawa, Japan, in connection with his employment for the U.S. Armed Forces. Figuly was a civilian engineer working at Kadena Air Force Base in Okinawa. On April 11, 2020, Figuly was living in a multi-unit apartment building off-base. That afternoon, he entered the apartment of a female neighbor, E.M., armed with a box cutter knife, and demanded to know where their landlord was, claiming that he wanted to kill the landlord. Figuly then attacked E.M., strangling her until she fell unconscious, cutting her fingers with a knife, and striking her in the face with a baking dish. E.M. fled to her apartment balcony, and Figuly pursued her, breaking the balcony door in the process. E.M.’s husband J.M. then entered the apartment, at which point Figuly threatened to kill J.M. Figuly then assaulted J.M. with a box cutter knife, before J.M. and another neighbor subdued Figuly.
The investigation was conducted by the U.S. Air Force Office of Special Investigations. The prosecution is being handled by Trial Attorney Mona Sahaf of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Jason Harley of the Western District of Oklahoma.
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.
Former Department of Defense Employee Pleads Guilty to Strangulation and Knife Assault While Living OverseasRead the Press Release
OKLAHOMA CITY – An Oklahoma City man pleaded guilty today in the Western District of Oklahoma for assaulting two neighbors inside their apartment building in Okinawa, Japan, while working for the United States Armed Forces overseas as a civilian engineer, announced U.S. Attorney Timothy J. Downing, Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, and Air Force Office of Special Investigations Commander Brigadier General Terry L. Bullard.
Brendan Rowin Figuly, 31, pleaded guilty to two counts of assault resulting in serious bodily injury. For each count of assault resulting in serious bodily injury, Figuly faces a maximum penalty of up to ten years and a fine up to $250,000. Figuly will be sentenced in approximately 90 days.
According to admissions made as part of his plea, Figuly was living in Okinawa, Japan, in connection with his employment for the U.S. Armed Forces. Figuly was a civilian engineer working at Kadena Air Force Base in Okinawa. On April 11, 2020, Figuly was living in a multi-unit apartment building off-base. That afternoon, he entered the apartment of a female neighbor, E.M., armed with a box cutter knife, and demanded to know where their landlord was, claiming that he wanted to kill the landlord. Figuly then attacked E.M., strangling her until she fell unconscious, cutting her fingers with a knife, and striking her in the face with a baking dish. E.M. fled to her apartment balcony, and Figuly pursued her, breaking the balcony door in the process. E.M.’s husband J.M. then entered the apartment, at which point Figuly threatened to kill J.M. Figuly then assaulted J.M. with a box cutter knife, before J.M. and another neighbor subdued Figuly.
The investigation was conducted by the U.S. Air Force Office of Special Investigations. The prosecution is being handled by Assistant U.S. Attorney Jason Harley of the Western District of Oklahoma and Trial Attorney Mona Sahaf of the Criminal Division’s Human Rights and Special Prosecutions Section.
Reference is made to court filings for further information. To download a photo of U.S. Attorney Downing, click here.
Former Co-Owner of New Jersey Marketing Company Admits Role in $8.8 Million Compounded Prescription Drug SchemeRead the Press Release
NEWARK, N.J. – The former co-owner of a New Jersey marketing company today admitted her role in a scheme to defraud public and private health benefits programs of at least $8.8 million for the billing of medically unnecessary compounded prescriptions, U.S. Attorney Craig Carpenito announced.
Christine Myers, 38, of Phillipsburg, New Jersey, pleaded guilty by videoconference before U.S. District Judge John Michael Vazquez to an information charging her with conspiracy to commit health care fraud.
“In an era when many Americans worry about securing health insurance for their families, we’ve seen far too many instances where both private and publicly funded insurance providers are being raided for millions in phony reimbursements on compounded medications,” U.S. Attorney Carpenito said. “Myers admitted that she and others sought to defraud insurers by recruiting the very people who enjoy that coverage, offering them cash bribes to get medications they didn’t need. Her conviction should serve as a warning to those who would exploit their health coverage for financial gain.”
FBI Newark Acting Special Agent in Charge Joe Denahan said, “Christine Myers treated health insurance plans as a vehicle to line her own pockets when she engaged in an elaborate scheme that resulted in defrauding insurers out of at least $8.8 million. The FBI, in conjunction with our law enforcement partners, will continue to investigate and bring to justice criminals who defraud the system and cheat the American taxpayer.”
According to documents filed in this case and statements made in court:
Compounded medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Although compounded drugs are not approved by the Food and Drug Administration (FDA), they are properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient, such as if a patient is allergic to a dye or other ingredients in the prescription.
Between February 2015 and February 2017, Myers participated in a conspiracy that involved the submission of fraudulent prescriptions for compounded medications to public and private insurance plans. The scheme centered on the discovery that certain insurance plans paid for prescription compounded medications – including scar creams, wound creams, and metabolic supplements/vitamins – at exorbitant reimbursement rates.
Myers exploited this opportunity through creating a New Jersey marketing company (Marketing Company-1) and hiring sales representatives to work on the company’s behalf. At Myers’ direction, the sales representatives targeted individuals who had insurance plans that covered compounded medications. The sales representatives then convinced those individuals to obtain prescriptions for compounded medications, regardless of medical necessity, often by providing them with cash payments. The individuals were then directed to certain telemedicine companies, which Marketing Company-1 or its affiliates paid, to receive the prescriptions.
Once the prescriptions were written, they were filled by certain compounding pharmacies with which Marketing Company-1 conspired. The compounding pharmacies would then receive reimbursement from the insurance plans, and would pay Marketing Company-1 a percentage of the reimbursement amount. As one of the owners of Marketing Company-1, Myers retained a portion of the payment and provided a “commission” payment to the relevant sales representative.
Two sales representatives that worked for Marketing Company-1, Christopher Frusci and Enver Kalaba, were former Metropolitan Transportation Authority (MTA) employees. Since the MTA’s health insurance plan covered compounded medications, Frusci and Kalaba targeted co-workers at the MTA and paid them cash bribes for every compounded prescription they submitted. Frusci and Kalaba have both previously pleaded guilty to conspiracy to commit health care fraud charges based on their respective roles in the scheme. On Feb. 7, 2019, Kalaba was sentenced in Newark federal court to 20 months in prison and one year of supervised release, and must forfeit $138,630 in criminal proceeds he received for his role in the scheme and pay restitution of $2.9 million. Frusci is awaiting sentencing.
“The global pandemic brings into stark relief how critical it is to have access to affordable healthcare,” MTA Inspector General Carolyn Pokorny said. “That this individual recruited former MTA employees to help steal millions of dollars from taxpayers, riders and other transportation stakeholders is especially despicable. We will continue to work with our law enforcement partners in this ongoing investigation to ensure that anyone else involved with the scheme is brought to justice.”
“Protecting TRICARE, the healthcare system for U.S. military members and their dependents, is a top priority for the Defense Criminal Investigative Service (DCIS),” Special Agent in Charge Leigh-Alistair Barzey, DCIS Northeast Field Office, said. “Schemes to defraud TRICARE, such as those alleged in the information announced today, waste precious resources and ultimately threaten the quality of health care that our Service members and their families deserve. Myers' guilty plea is the result of a joint effort by the U.S. Attorney’s Office, the DCIS, the FBI and MTA-OIG, and it demonstrates the ongoing commitment of the DCIS to work with its law enforcement partners to investigate and prosecute those who engage in health care fraud.”
The count of conspiracy to commit health care fraud is punishable by a maximum of 10 years in prison and a fine of $250,000 fine, or twice the gross gain or loss from the offense. As part of her plea agreement, Myers must forfeit $1.475 million in criminal proceeds she received for her role in the scheme and pay restitution of at least $8.8 million. Sentencing is scheduled for Dec. 1, 2020.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Acting Special Agent in Charge Denahan; the U.S. Department of Defense, Defense Criminal Investigative Service, under the direction of Special Agent in Charge Leigh-Alistair Barzey; and the Office of the Inspector General, Metropolitan Transportation Authority, under the direction of Inspector General Pokorny, with the ongoing investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Adam Baker of the U.S. Attorney’s Office, Opioid Abuse Prevention and Enforcement Unit in Newark.
20-230 ###
Defense counsel: Marc A. Agnifilo Esq., New York
Former Ashley Borough Police Officer Sentenced to 15 Years’ Imprisonment for Sexually Assaulting Two WomenRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former Ashley Borough Police Officer, Mark Icker, age 30, was sentenced on July 24, 2020, by U.S. District Court Judge Malachy E. Mannion to 15 years’ imprisonment for violating the civil rights of two females in custody whom he sexually assaulted.
According U.S. Attorney David J. Freed, Icker worked as a police officer for the Ashley Borough Police Department in December 2018. On December 3, 2018 and December 10, 2018, Icker, while acting under color of the laws of the Commonwealth of Pennsylvania, willfully deprived two women of their liberty without due process of law, which includes the right to bodily integrity, by coercing the women into engaging in unwanted sexual contact with him.
“The lengthy sentence imposed in this case sends some very important messages,” said U.S. Attorney Freed. “First, that we will not stand for criminal behavior by predators hiding behind a badge. Second, that law enforcement at all levels in the Middle District Of Pennsylvania remains unified in our mission to protect our citizens no matter who the perpetrator is. Finally, and most important, that when brave survivors stand up to make their voices heard, we will pursue justice for them with whatever it takes. The outstanding work of the investigators in this case and the courage and grace of the victims cannot be overstated.”
“It is hard to comprehend why Mark Icker felt entitled to treat women this way,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “In violating his victims’ bodies, he violated their civil rights. He betrayed not just his sworn oath, but his community and colleagues. We in law enforcement are granted significant authority in order to do our jobs and Icker misused those powers for his own sick gratification. We’re now gratified to see him held accountable.”
“No one is above the law least of all those trusted few who are depended upon to enforce it without fear or favor,” said District Attorney Stefanie Salavantis. “Our office will not hesitate to prosecute an officer who breaches this sacred trust, violates the law, and uses his badge as a tool to prey upon defenseless citizens particularly women. I want to thank U.S. Attorney David Freed and Assistant U.S. Attorney Michelle Olshefski for their assistance in this case and helping to bring justice to Icker’s victims. While we cannot condemn all law enforcement for the actions of any individual, we also will not ignore misconduct within law enforcement ranks. We know that hundreds of Luzerne County police officers go out every day and protect us under the most intense scrutiny. Hopefully, this step makes it clear once again that crime victims and police officers can expect fair and impartial justice from this Office no matter the cost. The world is a safer place with Icker off the streets and behind bars. His criminal conduct does not cast a pall on the men and women who put their lives on the line every day to protect us.”
Judge Mannion also ordered Icker to comply with the Sexual Offender and Registration Notification Act (SORNA), a national system for the registration of sex offenders.
Icker was terminated from his position with the Ashley Borough P.D. in December 2018. Icker was also terminated from part-time positions he held with the Sugar Notch and Jessup Police Departments.
This case was investigated by the Scranton Office of the FBI - Philadelphia Division, and Detectives from the Luzerne County District Attorney’s Office. Prosecution was assigned to Assistant United States Attorneys Michelle Olshefski and Jeffery St. John of the Middle District of Pennsylvania and Trial Attorney Shan Patel of the Civil Rights Division of the U.S. Department of Justice.
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Florida Man who Used COVID-Relief Funds to Purchase Lamborghini Sports Car Charged in Miami Federal CourtRead the Press Release
A Florida man was arrested and charged with fraudulently obtaining $3.9 million in Paycheck Protection Program (PPP) loans and using those funds, in part, to purchase a sports car for himself. Authorities seized a $318,000 sports car and $3.4 million from bank accounts at the time of arrest.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge Kyle A. Myles of the Federal Deposit Insurance Corporation (FDIC) Office of Inspector General (OIG), Office of Investigation’s Atlanta Regional Office, Inspector in Charge Antonio Gomez of the U.S. Postal Inspection Service’s (USPIS) Miami Division, Special Agent in Charge Kevin A. Kupperbusch of the U.S. Small Business Administration (SBA)-OIG, Investigations Division, Eastern Regional Office, Special Agent in Charge Michael J. De Palma of the IRS-Criminal Investigation (CI) Miami Office, and Acting Special Agent in Charge Stephen Donnelly of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection-OIG, Eastern Region, made the announcement.
David T. Hines, 29, of Miami, Florida, was charged by criminal complaint, unsealed today upon his initial appearance before U.S. Chief Magistrate Judge John J. O’Sullivan in the Southern District of Florida, with one count of bank fraud, one count of making false statements to a financial institution and one count of engaging in transactions in unlawful proceeds.
The complaint alleges that Hines sought approximately $13.5 million in PPP loans through applications to an insured financial institution on behalf of different companies. The complaint alleges that Hines caused to be submitted fraudulent loan applications that made numerous false and misleading statements about the companies’ respective payroll expenses. The financial institution approved and funded approximately $3.9 million in loans.
The complaint further alleges that within days of receiving the PPP funds, Hines purchased a 2020 Lamborghini Huracan sports car for approximately $318,000, which he registered jointly in his name and the name of one of his companies. In the days and weeks following the disbursement of PPP funds, the complaint alleges that Hines did not make payroll payments that he claimed on his loan applications. He did, however, make purchases at luxury retailers and resorts in Miami Beach.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted March 29. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the FDIC-OIG, USPIS, IRS-CI, the SBA-OIG, and the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection-OIG. Trial Attorney Emily Scruggs of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Michael Berger of the Southern District of Florida are prosecuting the case.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Federal Grand Jury Indicts Man for Gun and Drug OffensesRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced that JAMAL SMITH, age 31, a resident of New Orleans, Louisiana, was charged on July 24, 2020 in a six-count indictment by a Federal Grand Jury for violations of the Federal Gun Control Act and the Federal Controlled Substances Act.
SMITH is charged in Counts 1 and 4 with possession with intent to distribute a quantity of marijuana, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(D). In Counts 2 and 5, SMITH is charged with possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A). In Counts 3 and 6, SMITH is charged with possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Section 922(g)(1).
If convicted of Counts 1 and 4, SMITH faces a maximum sentence of 5 years imprisonment, a $250,000 fine, up to 2 years of supervised release, and a special assessment fee of $100. If convicted of Counts 2 and 5, SMITH faces a mandatory minimum sentence of 5 years up to life imprisonment for each count, which is to run consecutively to all other sentences, a $250,000 fine, up to 5 years of supervised release and a special assessment fee of $100. If convicted of Counts 3 and 6, SMITH faces a maximum term of imprisonment of 10 years, a $250,000 fine, up to 3 years of supervised release, and a special assessment fee of $100.
U. S. Attorney Strasser reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: the New Orleans Police Department and the Federal Bureau of Investigation.
For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
The case was investigated by the New Orleans Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Elizabeth Privitera, Inga Petrovich and David Haller of the Violent Crime Unit of the U.S. Attorney’s Office.
El Departamento de Justicia Resuelve una Acusacion contra una Compañía de Contrataciones con Sede en Virginia por Dar Preferencia, de Manera Impropia, a Trabajadores con Visas Temporales sobre Trabajadores en Este PaísRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con ASTA CRS, Inc., un proveedor de servicios de contratación y asesoría en el ámbito de la informática que tiene oficinas en Ashburn, Virginia, y Greenbelt, Maryland. Este representa el noveno acuerdo al amparo de la Iniciativa para la Protección de los Trabajadores en los EE. UU. de la División de Derechos Civiles. Su meta es enfocarse en, investigar a y tomar medidas de aplicación de la ley contra compañías que discriminen a trabajadores en este país a favor de trabajadores con visas temporales. El acuerdo resuelve una acusación de que la oficina de ASTA en Maryland discriminó a trabajadores en este país por motivos de su estatus de ciudadanía al publicar una oferta de trabajo que indicó una preferencia por trabajadores no ciudadanos de los EE. UU. que tenían visas temporales de trabajo.
«Cuando una compañía anuncia un puesto de trabajo y declara su preferencia por trabajadores con visas temporales, disuade a trabajadores cualificados y disponibles en este país de solicitarlo y deniega a trabajadores en este país la igualdad de oportunidades para competir para aquel empleo», declaró Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «Que quede claro nuestro mensaje para los trabajdores: si una compañía anuncia una preferencia por trabajadores con visas temporales sobre trabajadores en este país, el Departamento de Justicia la hará rendir cuentas ante sus acciones. Esto es especialmente importante en un momento en que más trabajadores en este país podrían estar buscando empleo como resultado del impacto económico de COVID-19».
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) ha llegado a numerosos acuerdos bajo la Iniciativa para la Protección de los Trabajadores en los EE. UU. y empleadores han distribuido o acordado distribuir un total combinado de más de 1,2 millónes de dólares por concepto de pagos retroactivos a trabajadores afectados en este país y sanciones civiles a los Estados Unidos. Estos acuerdos implican empleadores que discriminaron en su uso de los programas de visa de H-1B, H-2A, H-2B y F-1.
Con base en su investigación de ASTA, el Departamento concluyó que la oficina de ASTA en Maryland publicó una oferta de trabajo dirigida exclusivamente a trabajadores no ciudadanos de los EE. UU. con ciertas visas temporales, entre ellos las visas H-1B y las visas estudiantiles F-1. La disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) prohíbe que los empleadores discriminen en los procesos de contratación dando preferencia a candidatos con visas temporales de trabajo sobre a trabajadores en este país. Conforme la INA, a los empleadores queda prohibido discriminar a trabajadores por motivos de la ciudadanía, el estatus migratorio o la nacionalidad de origen de los mismos en cualquiera de las fases del proceso de contratación, lo que incluye la publicación de ofertas de trabajo, independientemente de si tal discriminación afecta el resultado final de la contratación.
Según los términos del acuerdo, ASTA capacitará a sus empleados en cuanto a los requisitos de la disposición antidiscriminatoria de la INA, cambiará sus políticas y procedimientos para que cumplan con esta ley y se someterá a los requisitos de supervisión por parte del Departamento durante dos años, lo que incluye la entrega de informes rutinarias al Departamento.
La Sección de IER de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación con base en su estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; las prácticas documentales injustas; y las represalias o la intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Para más información sobre protecciones contra la discriminación en el empleo, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe en correo electrónico a [email protected]; o visite las páginas web de la IER en inglés y español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
La División de Derechos Civiles quiere enterarse de más vulneraciones de derechos civiles. Miembros del público pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.
Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o deben llamar a la línea directa de la IER para trabajadores para pedir ayuda.
Deported Alien from the Dominican Republic Pleads Guilty to Drug and Immigration ViolationsRead the Press Release
PITTSBURGH, Pa. - A former resident of the Dominican Republic pleaded guilty in federal court on Monday, July 27, 2020, to violations of the federal narcotics and immigration laws, United States Attorney Scott W. Brady announced today.
Eduard Guzman Rijo, age 49, formerly of Santo Domingo, Dominican Republic, pleaded guilty before Senior United States District Judge Nora Barry Fischer to Count One of an Indictment charging him with conspiring to possess with intent to distribute and to distribute one kilogram or more of heroin and 400 grams or more of fentanyl; and to a one-count Information charging him with illegally re-entering the United States after removal.
In connection with the guilty plea, the Court was advised that on January 30, 2019, investigators with the Federal Bureau of Investigation and Pennsylvania State Police Drug Law Enforcement Division executed a search warrant at an apartment located in Pittsburgh, which was utilized by Rijo and his coconspirators, Brandon Winters and Erick Martinez. Upon entry into the apartment, case agents located Rijo, Winters, and Martinez, approximately 1,500 "bricks" (the equivalent of roughly 75,000 individual dosage units) containing mixtures of heroin and fentanyl. Additionally, case agents seized over $250,000 in U.S. Currency, which was found in and around Mr. Rijo and his coconspirators. The Court was further advised that Rijo, an alien from the Dominican Republic, was previously deported from the United States in 1993, 2003, and 2018, and that he subsequently re-entered the United States prior to his apprehension on January 30, 2019, in Allegheny County, Pennsylvania, without authorization from the appropriate government officials.
Judge Fischer scheduled sentencing for Nov. 24, 2020, at 9:30 a.m. The law provides for a total sentence of not less than 10 years up to life in prison, a fine not to exceed $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Jerome A. Moschetta and Tonya Sulia Goodman are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation that led to the prosecution of Rijo.
Department of Justice Announces Guidance on Religious Liberty Protections in Grant ProgramsRead the Press Release
Following the Supreme Court’s opinion in Espinoza v. Montana Department of Revenue, today the Department of Justice issued guidance summarizing religious liberty protections applicable to organizations that participate in the Department’s grant programs. The guidance, an initiative of the Department’s Religious Liberty Task Force, reiterates the fundamental premise affirmed by the Supreme Court in Espinoza that “[t]he Free Exercise Clause . . . ‘protects religious observers against unequal treatment’ and against ‘laws that impose special disabilities on the basis of religious status.’” [1] For that reason, absent a compelling government interest, the Department shall not disqualify otherwise eligible recipients from a public benefit solely because of their religious character.
“The Department is pleased to work with a diverse array of organizations, including faith-based organizations, to provide critical services to our communities,” said Claire McCusker Murray, Principal Deputy Associate Attorney General and co-Vice-Chair of the Religious Liberty Task Force. “We recognize that faith-based organizations may have questions or concerns about how they can provide these secular services while maintaining their religious character. The guidance released today is intended to answer those questions and help ensure that faith-based organizations can compete on an equal footing with secular organizations for Department grants.”
“The guidance is an important affirmation of the Department’s commitment to ensure that individuals and organizations driven by faith to serve the community are not subject to unequal treatment by virtue of their religious identity,” said Beth A. Williams, Assistant Attorney General for the Office of Legal Policy and co- Vice-Chair of the Religious Liberty Task Force.
As a corollary to the guidance, the Office of Justice Programs (OJP), the Department’s largest grant-funding component, created a comprehensive webpage to provide information on federal law protections for faith-based and other organizations. The webpage also facilitates the submission of complaints if an organization believes that it has been discriminated against. OJP administers grant programs for a wide array of public safety initiatives. Last year alone, OJP awarded grants totaling over $5 billion.
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
To view the guidance, please click here.
[1] Espinoza v. Mont. Dep’t of Revenue, No. 18-1195, 2020 WL 3518364, --- U.S. --- (U.S. June 30, 2020), slip op. at 5 (citation omitted).
Delaware County Man Sentenced to over 12 Years for Bank Robbery Spree in Montgomery and Delaware CountiesRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that David Charles Hayes, 33, of Sharon Hill, PA, was sentenced to 151 months in prison, three years of supervised release and ordered to pay $43,632 in restitution by United States District Judge Mark A. Kearney for robbing nine banks in Montgomery and Delaware counties between April and December 2018.
In November 2019, Hayes pleaded guilty to all nine robberies. He robbed these banks by entering with his face covered, usually with a bandana, hat and sunglasses, and approaching tellers and demanding that money be handed over. In each case, he issued threats to the bank employees he encountered, ranging from physical harm (e.g., “don’t do anything goofy or I will hurt you”) to threats of death (e.g., “if you want to make it home to your kids, don’t push any buttons or try anything”). The defendant stole over $43,000 total during these robberies.
During the commission of one of the robberies, the defendant was given a security dye pack along with the stolen money, which began smoking and released a colored dye when it was removed from the bank. Hayes discarded the dye pack and the gloves he was wearing, and police recovered this evidence, which was tested for DNA. The defendant was found to be match and a warrant for his arrest was issued. He was taken into custody at Sugar House Casino, where he admitted to gambling his robbery proceeds.
“Bank robbery is a serious federal offense that can carry stiff penalties,” said U.S. Attorney McSwain. “During his crime spree, Hayes threatened many innocent people and now he will pay the price. I want people to know that committing a violent crime in the Eastern District of Pennsylvania carries a tremendous risk of a long prison sentence, which is the point of our new anti-violence public awareness campaign. You can learn more about this campaign on our District website.”
“David Hayes was quite a prolific robber, targeting nine banks in nine months across multiple police jurisdictions,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “The FBI and our law enforcement partners were determined to put a stop to his one-man spree. Working together, we were able to take him off the street and see him brought to justice.”
The case was investigated by the Federal Bureau of Investigation, with assistance from the Ridley Township Police Department, the Glenolden Borough Police Department, the Sharon Hill Police Department, the Radnor Township Police Department, the Lower Merion Township Police Department, and the Pennsylvania State Police. It is being prosecuted by Assistant United States Attorney Amanda R. Reinitz.
Convicted felon sentenced to 110 months on federal firearm chargeRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today, Michael Price, 46, Indianapolis, Ind., was sentenced by U.S. District Court Judge James R. Sweeney II, to 110 months in federal prison for being a convicted felon in possession of a firearm.
“Mr. Price is a convicted felon who lost his right to carry a firearm.” said Minkler. “He choose to violate federal law and shoot someone in the process. This sentence should be a warning to others that want to choose the same path as Mr. Price. If you illegally possess a firearm you are headed down the same path as Price, straight to federal prison.”
On January 17, 2018, Indianapolis Metropolitan Police Department responded to 1746 Spruce St., Indianapolis, IN in response to a call of shots fired. Upon arrival, officers encountered a victim who had a gunshot wound in the leg. The victim and two other witnesses, all identified the shooter as a white male named "Michael" who fled in a red truck.
After a radio broadcast of the suspect's description and vehicle, IMPD officers encountered a vehicle matching the description approximately 2 miles away in the area of 25th Street and Troy Avenue. Officers stopped the vehicle and identified the driver as Michael Price.
A license check indicated that Price was a habitual traffic offender. Officers also saw a black semi-automatic handgun was in plain view, on the front passenger seat. A loaded magazine was also in plain view, on the driver's side floorboard. Price indicated that he had been at the Spruce St. house, and was in an argument with one of the occupants. The argument turned into a fight, and during the fight, Price fired shots from a revolver.
Price believed that an individual at the Spruce Street address had taken money that belonged to him. When he arrived at the residence he exited his vehicle with the loaded handgun drawn. As the occupants of the residence were attempting to shut the door and enter the house, Price shot into the door four times striking one of the occupants.
A review of Price’s criminal history revealed that he has two prior felony convictions for dealing in a controlled substance.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Indianapolis Metropolitan Police Department.
“ATF is proud to work side by side with our partners, including IMPD, to make sure that violent criminals like Michael Price no longer threaten the residents of Indianapolis,” stated ATF Special Agent in Charge Jonathan McPherson. “Cooperation with our law enforcement partners acts as a multiplier in our efforts to remove violent criminals from the streets and make our communities safer.”
According to Assistant United States Attorney Brad Shepard, who prosecuted this case for the government, Price must also serve three years of supervised release following his sentence.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution sentencing demonstrates the office’s firm commitment to target, investigate, and prosecute defendants committing violent crimes. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Sections 2.2 and 2.3
Colorado U.S. Attorney Commemorates 30th Anniversary of the Americans with Disabilities ActRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that yesterday, Sunday, July 26, 2020, marked the 30th Anniversary of the Americans with Disabilities Act (the ADA), a critical civil rights law that aims to eliminate discrimination against people with disabilities.
The U.S. Attorney’s Office for the District of Colorado is proud to play a critical role in the Justice Department’s enforcement efforts under the ADA, which was signed into law on July 26, 1990, and is the nation’s preeminent civil rights law for providing access and equal opportunity for people with disabilities.
“By making sure that the talents and perspectives of individuals with disabilities are included in daily life, we are all made better,” said U.S. Attorney Jason Dunn. “I’m proud of the contributions that our office has made in enforcing the ADA so that the promise of this law -- and all our citizens -- can be fully realized.”
In recent years the U.S. Attorney’s Office has investigated and resolved a number of ADA cases, including:
- CITY OF TRINIDAD: In 2018, the Office entered into a settlement agreement with the City of Trinidad to improve accessibility to government programs and services. As part of Project Civic Access, an initiative by the Department of Justice’s Civil Rights Division, the City of Trinidad agreed to fix a wide range of government buildings to comply with the ADA’s physical accessibility requirements, to modify its programs and services to make them accessible for individuals with disabilities, and to provide auxiliary aids and services where necessary.
- LARIMER COUNTY SHERIFF’S OFFICE: In 2017, the Office entered into a settlement agreement with Larimer County Sheriff’s Office to provide effective communication for individuals who are deaf or hard of hearing. The agreement required the Sheriff’s Office to revise policies and procedures surrounding the provision of auxiliary aids and services, train its deputies, and to track its interactions with individuals who are deaf or hard of hearing.
- DENVER SHERIFF DEPARTMENT: In 2018, the Office, along with the Disability Rights Section of the Civil Rights Division, entered into a settlement agreement to compensate a Sheriff’s deputy with Type 1 diabetes who alleged that the Sheriff’s Department failed to provide reasonable accommodations for his disability, and retaliated against him when he complained.
- COLORADO RUSH SOCCER CLUB: Earlier this year, the Office entered into a settlement agreement with Colorado Rush Soccer Club to require the youth soccer organization to provide auxiliary aids and services for individuals who are deaf or hard of hearing. The club also paid nearly $6,000 to the family of a player who is deaf and alleged that Colorado Rush violated the ADA when it did not provide these services to the player.
- FRANCIS HEIGHTS SENIOR LIVING COMMUNITY: In 2019, the United States reached a settlement with Francis Heights Senior Housing, an apartment complex in Denver, to resolve allegations that the complex was inaccessible to persons with physical disabilities. The settlement required the complex owner, Mercy Housing Management Group, to make changes to physical features in common areas, including parking lots, bathrooms, and passageways.
- BBVA: In 2019, the Office executed a Letter of Resolution for BBVA, a national retail bank, to make its websites accessible to individuals with disabilities.
- ROCKY MOUNTAIN VIPASSANA ASSOCIATION: In 2018, the Office executed a Letter of Resolution where the Association agreed to provide individualized consideration for individuals with disabilities who apply to its meditation retreat.
- PIKE’S PEAK PREP: In 2018, the Office negotiated compensation for a family that alleged that the K-12 school had not provided reasonable modifications for their first-grade student with diabetes to eat food when necessary, and to receive diabetes medication.
The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but were largely inaccessible to individuals with disabilities prior to the law’s enactment. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy – the ADA ensures that individuals with disabilities enjoy the same opportunities as all Americans to participate in everything this nation has to offer.
Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality, and altering the systems that have historically excluded people with disabilities. Today, the Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration, and limitations with self-determination.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
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.
Colombian National Agrees to Plead Guilty to $109 Million Medicare Fraud SchemeRead the Press Release
BOSTON – A Colombian national residing in Lighthouse Beach, Fla., has agreed to plead guilty in connection with submitting more than $109 million in false and fraudulent claims for durable medical equipment (DME) such as arm, back, knee and shoulder braces.
Juan Camilo Perez Buitrago, 31, was charged by information with one count of health care fraud and one count of payment of kickbacks in connection with a federal health care program. A plea hearing has not yet been scheduled.
According to charging documents, Perez manufactured and submitted false and fraudulent Medicare claims by instructing his employees to establish shell companies in more than a dozen different states, including Massachusetts. Perez directed employees to list his mother, wife, and yacht captain as corporate directors and to use fictitious names when registering the shell companies as DME providers. Perez allegedly purchased Medicare patient data from foreign and domestic call centers that targeted elderly patients, and instructed call centers to contact the Medicare beneficiaries with an offer of ankle, arm, back, knee, and/or shoulder braces “at little to no cost.” He then submitted Medicare claims for those patients without obtaining a prescriber’s order to ensure that the braces were medically necessary. It is further alleged that he submitted blatantly fraudulent claims, including claims for deceased patients and repeat claims for the same patient and the same DME. Perez failed to provide any DME for more than $7.5 million in claims. When Perez did provide DME to patients, he typically billed insurance policies more than 12 times the average price of the DME that he provided to the patient.
In total, the charging document alleges that Perez submitted $109 million in Medicare claims and collected more than $12 million.
Each charge provides 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 upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Johnnie Sharp Jr., Special Agent in Charge of the Federal Bureau of Investigation, Birmingham Field Division: Phillip Coyne, Special Agent in Charge of the Department of Health and Human Services, Office of the Inspector General, Boston Division; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service made the announcement today. Assistant U.S. Attorney Elysa Q. Wan of Lelling’s Health Care Fraud Unit is prosecuting the case.
Clanton Man Sentenced for Manufacturing Counterfeit Currency and Illegal Gun PossessionRead the Press Release
BIRMINGHAM, Ala. – A federal judge sentenced a Clanton man on Friday for manufacturing counterfeit United States currency and being a felon in possession of a firearm, announced United States Attorney Prim F. Escalona and United States Secret Service Special Agent in Charge Patrick Davis.
United States District Judge Annemarie Carney Axon sentenced TYLER B. MILLER, 27, to 50 months in prison. Miller pled guilty in April.
According to the plea agreement, Miller was arrested on February 4, 2020 at his residence, after the Jefferson County Sheriff’s Office received a Crime Stoppers Tip regarding a wanted suspect. During the arrest, law enforcement officers noticed a printer and discovered a fully loaded Hi-Point .40 caliber pistol inside a backpack. The United States Secret Service Financial Crimes Task Force was contacted and a search warrant for the residence obtained, law enforcement officers discovered equipment used to manufacture counterfeit currency and multiple sheets of paper containing uncut counterfeit Federal Reserve notes inside the residence.
“Counterfeit U.S. currency is a threat to our financial system,” Escalona said. “This sentencing sends a clear message that there are strong penalties waiting for those who chose to commit these types of crimes.”
The United States Secret Service, Jefferson County Sheriff’s Office Vice and Narcotics Unit, and members of the Secret Service Financial Crimes Task Force investigated the case, which Assistant United States Attorney Catherine Crosby prosecuted.
Bellows Falls Woman Charged with Lying to Purchase Firearm for Convicted FelonRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Ferdinand Cruz, aka “Feldi,” 39, and Bridgette Lawlor, 33, both of Bellows Falls, Vermont, were arrested last week. The federal grand jury has accused Lawlor of unlawfully purchasing a Ruger .380 pistol for Cruz, whom she knew to be prohibited from possessing firearms. Cruz was accused of unlawfully possessing two handguns, including the Ruger. Cruz was arrested on July 22, 2020. At a detention hearing on Friday, The Honorable John M. Conroy, United States Magistrate Judge, ordered that Cruz be detained pending trial. Lawlor appeared before Magistrate Judge Conroy on July 23, 2020, and was released on conditions.
According to court records, Cruz’s possession of firearms was uncovered during an investigation by the Dover, Vermont Police Department of Cruz’s alleged sexual abuse of a child. Dover officers encountered Cruz with the Ruger .380 pistol, prior to learning he was a prohibited person. After Cruz’s arrest for lewd and lascivious conduct with a child, Cruz gave permission for officers to recover the Ruger .380 pistol from his residence. While doing so, officers discovered a Taurus 9mm pistol stored with the Ruger. Records associated with the purchase of the Ruger .380 pistol revealed it had been purchased by Lawlor. During an interview, Lawlor admitted she purchased the firearm for Cruz despite knowing he was a felon.
If convicted, Cruz and Lawlor face a maximum of ten years of imprisonment. The actual sentence however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The United States Attorney emphasizes that the charges in the complaint are merely accusations, and that the defendants are presumed innocent unless and until they are proven guilty.
United States Attorney Christina E. Nolan commended the investigative efforts of the Dover Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The United States is represented in this matter by Assistant U.S. Attorney Jonathan Ophardt. Defendant Cruz is represented by the Office of the Federal Public Defender. Defendant Lawlor is represented by Ian Carleton, Esq. of Sheehey, Furlong, & Behm, P.C.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting firearm use and possession crimes; prioritizes prosecuting persons who make false statements when attempting to obtain firearms; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives concerning persons who attempt to obtain firearms illegally; coordinates responses to persons prevented from obtaining firearms for mental health reasons; and ensures the use of modern intelligence tools and technology to focus on the criminals posing the greatest threat to our communities.
For more information, please see https://www.justice.gov/projectguardian.
Bay Area Woman Charged with Wire Fraud for Soliciting Donations in Bogus Cancer Treatment SchemeRead the Press Release
SAN JOSE- A criminal complaint was filed today charging Amanda C. Riley with wire fraud in connection with a scheme to solicit donations from individuals to help pay for cancer treatments she never needed nor received, announced United States Attorney David L. Anderson and Internal Revenue Service (IRS) Criminal Investigation, Special Agent in Charge Kareem Carter.
According to the complaint, between October 2012 and February 2016, Riley, a resident of Gilroy, Calif., claimed to have Hodgkin’s lymphoma, a type of cancer. The complaint alleges Riley falsely claimed at various times and to various individuals that she was receiving cancer treatment at hospitals, including Kaiser Permanente, City of Hope National Medical Center, Johns Hopkins Hospital, Columbia University Hospital, and UCSF Medical Center. Riley chronicled her purported illness on social media, including on Facebook, Instagram, Twitter, and her blog, and used her purported illness as a basis to solicit donations she claimed would help pay for her medical expenses. The complaint alleges that, in reality, Riley did not have Hodgkin’s lymphoma and had not been diagnosed with or treated for Hodgkin’s lymphoma or any other type of cancer.
The complaint describes numerous ways in which Riley convinced her victims to send her money. For example, Riley’s blog included numerous bogus photos depicting such things as Riley supposedly receiving cancer treatment at hospitals, her supposed cancer medications, her friends and family wearing “Team Amanda” bracelets, and gifts she received from supporters. The blog also contained numerous references to fundraisers that were held for her benefit. In addition, Riley claimed she traveled to New York City to receive cancer treatments and asked for donations to help defray her travel costs. In September 2013, her blog added a link to a support page, http://www.supportamanda.com. The support page enabled people to donate money online. To further conceal her scheme to defraud, on or about April 6, 2016, Riley altered a doctor’s note to read that she was “in treatment for cancer.”
Other people who became aware of Riley’s campaign also organized fundraisers on her behalf. Such fundraisers included a Facebook challenge; a CrossFit fundraiser; a Christmas ornament sale fundraiser; a quilt raffle; a Chili’s Grill & Bar fundraiser; and the auction on eBay of various items, including an electric guitar autographed by American country music artists such as John Michael Montgomery and LeAnn Rimes.
Riley received donations through her online support page and in the form of checks from friends, family, and members of her church donors. Between September 13, 2013, and March 15, 2016, Riley received 447 online donations totaling $60,272.43 though her support page alone— after paying fees, Riley pocketed $58,256.86 from her online support page during this period. The criminal complaint alleges that, rather than use the donated money to pay for medical expenses, Riley deposited the funds into her personal bank account and used the money to pay for her personal expenses.
Riley is charged with one count of wire fraud, in violation of 18 U.S.C. § 1343.
The complaint merely alleges that a crime has been committed, and Riley, like all defendants, is presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Riley faces a maximum statutory penalty of up to 20 years in prison and a fine of $250,000 or twice the gross gain or loss resulting from the scheme. In addition, the court may order additional terms of supervised release and restitution. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Riley is scheduled to appear before Judge Susan van Keulen on August 27, 2020.
Assistant U.S. Attorney Scott Simeon is prosecuting the case with the assistance of Tong Zhang. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation, and the San Jose Police Department.
Armed Felon Sentenced to over Three Years in Federal PrisonRead the Press Release
Ocala, Florida – Senior United States District Judge John Antoon II has sentenced Jeron Cantrell Martin (38, Belleview) to three years and eight months in federal prison for possessing a firearm as a convicted felon. The court also ordered Martin to forfeit the semi-automatic pistol and ammunition used to commit the offense.
Martin had pleaded guilty on February 28, 2020.
According to court documents, on September 30, 2019, deputies from the Marion County Sheriff’s Office discovered Martin inside a vehicle with a fresh bullet hole in the trunk. After verifying an outstanding warrant for Martin’s arrest, deputies searched him and located small amounts of illegal drugs (marijuana, crack cocaine, methamphetamine, and heroin). They also recovered a loaded pistol from Martin’s pants pocket. Further investigation revealed that Martin had five prior felony convictions in Florida, including numerous drug possession offenses. These convictions prohibit him from possessing firearms and ammunition under federal law.
“The FBI Jacksonville Division is always proud to partner with the Marion County Sheriff's Office to stop gun violence and drug-fueled crimes in our neighborhoods," said Rachel L. Rojas, Special Agent in Charge of the FBI Jacksonville Division. "We will continue to combine our intelligence and tools to ensure that people who bring violence to the streets of Ocala are punished to the fullest extent of the law.”
The case was investigated by the FBI and the Marion County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Armed Career Criminal Sentenced to 15 Years for Possessing A Firearm and AmmunitionRead the Press Release
Tampa, Florida – Senior U.S. District Judge Virginia Covington has sentenced Luis Michael Quercia (54, Bradenton) to 15 years in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Quercia to forfeit the firearm and ammunition used in the offense.
Quercia had pleaded guilty on January 23, 2020.
According to court documents, on June 2, 2019, a Sarasota Police Department officer conducted a traffic stop on a Jeep with an improper paper tag that had failed to stop at a stop sign. The officer made contact with Quercia, who was driving the Jeep. Quercia informed the officer that he did not have a drivers license, and, when the officer informed Quiercia that he was going to arrest him, Querica attempted to stuff a small clear plastic baggie between the center console and driver’s seat as the officer removed him from the vehicle. The officer then searched the vehicle and found the baggie containing a white powdery substance. The officer also found a loaded firearm in a plastic bag under the driver’s seat. Quercia later admitted to possessing the firearm to an ATF agent. A forensic examiner also matched Quercia’s fingerprints to a fingerprint that was discovered on the plastic bag that contained the firearm.
Because Quercia was previously convicted of several felonies, he is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Charlie D. Connally.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Americans with Disabilities Act Celebrates 30 YearsRead the Press Release
BILLINGS— The U.S. Attorney’s Office for the District of Montana is proud to play a critical role in the Department of Justice’s enforcement efforts under the Americans with Disabilities Act (ADA), which this year marks 30 years since the signing of the landmark legislation. The ADA was signed into law on July 26, 1990 and is the nation’s preeminent civil rights law for providing access and equal opportunity for people with disabilities.
"The ADA has transformed the lives of countless Americans with disabilities by removing barriers and ensuring equal access to all aspects of everyday life. We will continue to enforce the civil rights protections under the law, support those with disabilities and urge Montanans to report any violations," U.S. Attorney Kurt Alme said.
The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but for too long were largely inaccessible to individuals with disabilities. Whether in employment; areas of civic life; or in the day-to-day activities and access to goods and services – the ADA requires steps be taken to ensure access for all.
During the past 30 years, the country has undertaken the hard work of changing attitudes about disability, tearing down barriers to equality, and dismantling the systems that have historically excluded people with disabilities. Today, the country commemorates the many ways the ADA has transformed our society—by replacing exclusion with access, segregation with integration, and limitations with self-determination. The ADA has advanced the promise of the American dream, ensuring that people with disabilities can write their own stories. Society is better and stronger because of the contributions from people with disabilities.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov.
To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/.
For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
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22 Arrested, Facing Federal Charges After Weekend Protest at Federal Courthouse in PortlandRead the Press Release
Update (9/16/2020): The case brought against a Corvallis man previously charged for harassing and stalking federal employees assigned to assist Federal Protective Service with ongoing civil unrest in Portland has been dismissed. The man’s name has been removed from this release to protect his privacy.
Correction (8/6/2020): An earlier version of this press release incorrectly identified the person arrested on July 24, 2020 as Ronald Bernard Hickey, 44, a Canadian National. This man has not been charged with any crime in the District of Oregon. A Corvalis man has been charged for harassing and stalking federal employees assigned to assist the Federal Protective Service with ongoing civil unrest in Portland.
Charges include assaulting federal officers, failing to obey lawful orders, and operating a drone in restricted airspace
PORTLAND, Ore.—U.S. Attorney Billy J. Williams announced today that 22 people have been arrested and are facing federal charges for their roles in weekend protests at the Mark O. Hatfield U.S. Courthouse in Portland.
According to court documents, since May 26, 2020, protests in downtown Portland have been followed by nightly criminal activity including assaults on law enforcement officers, destruction of property, looting, arson, and vandalism. The Hatfield Federal Courthouse has been a nightly target of vandalism during evening protests and riots, sustaining extensive damage.
U.S. Marshals Service deputies and officers from the Federal Protective Service, Homeland Security Investigations, and U.S. Customs and Border Protection working to protect the courthouse have been subjected to nightly threats and assaults from demonstrators while performing their duties.
Six people have been charged for alleged criminal conduct during a protest beginning July 23, 2020 and continuing into the early morning hours of July 24, 2020. Carly Anne Ballard, 34, and David Michael Bouchard, 36, are charged with assaulting federal officers; and Josslynn Kreutz, 28, Dakota Eastman, 30, Ezra Meyers, 18, and Mark Rolycanov, 28, are charged with failing to obey lawful orders.
On July 24, 2020, agents from Homeland Security Investigations (HSI) and U.S. Customs and Border Protection (CBP) arrested a Corvallis, Oregon man for harassing and stalking federal employees assigned to assist the Federal Protective Service (FPS) with ongoing civil unrest in Portland. The individual used his Twitter account to knowingly release personal information of these employees in an attempt to threaten, intimidate, or incite violence against them.
Eight people have been charged for alleged criminal conduct during a protest beginning July 25, 2020 and continuing into the early morning hours of July 26, 2020. Rebecca Gonzales-Mota, 37; Stephen O’Donnell, 65; Thomas Johnson, 33; Nathan Oderdonk-Snow, 21; Joshua Webb, 22; Pablo Avvacato, 26; and Doug Dean, 34, are charged with assaulting federal officers. Richard Lindstet, 33, is charged with operating a drone in restricted airspace.
Seven people have been charged for alleged criminal conduct during a protest beginning July 26, 2020 and continuing into the early morning hours of July 27, 2020. Michael Stephenson, 23; Caleb Willis, 29; Noelle Mandolfo, 30; Travis Williams, 27; Patrick Stanford, age unknown; Coree Jefree, age unknown; and Tyler Gabriel, 22, are charged with assaulting federal officers.
All defendants, unless noted, are presumed to be local residents.
These cases are being jointly investigated the U.S. Marshals Service, Homeland Security Investigations, and the Federal Protective Service. They are being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
Criminal complaints and informations are only accusations of a crime, and defendants are presumed innocent unless and until proven guilty.
10 Defendants Plead Guilty for Their Roles in Major Jamestown Area Methamphetamine Ring as Federal Trial Was Set to BeginRead 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 10 defendants pleaded guilty during June and July 2020, to conspiring to possess with intent to distribute, and distributing, five grams or more of methamphetamine before U.S. Magistrate Judge Michael J. Roemer. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorneys Misha A. Coulson and Brendan T. Cullinane, who are handling the case, stated that between March 2017 and October 2018, the 10 defendants conspired with six other co-defendants to operate a drug trafficking organization, primarily involving the distribution of methamphetamine, in the Jamestown area. Pleading guilty to the conspiracy charges were:
• Andrew C. Bennett, 31, of Randolph, NY, pleaded guilty on June 4, 2020;
• Jacob A. Motherwell, 31, of Jamestown, NY, pleaded guilty on June 22, 2020;
• Destiny J. Hare, 31, of Randolph, NY, pleaded guilty on June 25, 2020;
• Michael A. Davis, 36, of Jamestown, NY, pleaded guilty on June 25, 2020, also pleaded guilty to possession of a firearm in furtherance of drug trafficking;
• Ryan R. Lopez, 26, of Palmdale, California, pleaded guilty on July 1, 2020;
• Martin Marcus Bowman, 29, of San Bernardino, California, pleaded guilty on July 2, 2020;
• Jamell Trapp, a/k/a KS, 29, of Jamestown, NY, pleaded guilty on July 1, 2020, also pleaded guilty to possession of a firearm and ammunition by a felon;
• Henry Stovall, Jr., 42, of Jamestown, NY, pleaded guilty on July 7, 2020;
• Danny W. Michael, III, 47, of Jamestown, NY, pleaded guilty on July 22, 2020; and
• Alexis V. Hall, 25, of Harrison, NJ, pleaded guilty on July 24, 2020.During the execution of search warrants throughout the investigation, law enforcement officers recovered 10 firearms and multiple rounds of ammunition, over 20 cellular telephones, drug paraphernalia, and U.S. currency.
The trial for the 10 defendants was scheduled to begin in federal court this morning.
The six co-defendants who were previously convicted include: Zackiel Fields, Jr.; Ernest Cauley, Jr.; Ramael O. Fields; Stephanie L. Harrison; Searcy E. Fields; and Stacie N. Yancer.
“Through the tremendous partnership between federal and local law enforcement, 16 individuals who committed federal crimes have been brought to justice, and a well-armed drug trafficking organization responsible for polluting Jamestown and the Southern Tier with highly addictive and debilitating methamphetamine has been dismantled,” stated U.S. Attorney Kennedy. “My Office and our DOJ law enforcement partners are always looking for ways to help to support local law enforcement as they work tirelessly on the front lines in the fight to preserve law and order and strengthen the communities they serve by making them safer and more secure. In this case, I say, ‘mission accomplished.’”
The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; the New York State Police, under the direction of Major James Hall; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr., and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
Sentencing's will be scheduled at a later date.
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Sunday 26 July 2020
U.S. Attorney’s Office Recognizes the 30th Anniversary of the Americans with Disabilities ActRead the Press Release
Today marks the 30th Anniversary of the Americans with Disabilities Act (ADA), a critical civil rights law that guards against the discrimination of individuals with disabilities. The U.S. Attorney’s Office for the Northern District of Oklahoma takes great pride in its support of the Justice Department’s enforcement efforts under the Act.
The ADA was signed into law on July 26, 1990, becoming a vital civil rights law that guarantees access and equal opportunities for people with disabilities. As this important law turns 30, U.S. Attorney Trent Shores pledges to continue his commitment to the enforcement of this civil rights legislation.
“The Americans with Disabilities Act levels the playing field for people like my mother who had multiple sclerosis and experienced mobility challenges. The ADA ensures Americans with disabilities have access to facilities, activities, employment, and other opportunities that most of us take for granted,” said U.S. Attorney Trent Shores. “Consistent with my oath of office, I will safeguard the civil rights of all Americans, including those protected by the ADA. I encourage Oklahomans to report ADA violations to the Civil Rights Division’s portal at https://civilrights.justice.gov/report/ or call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY) for more information.”
U.S. Attorney’s Offices and the Justice Department’s Civil Rights Division further the goals of the ADA through mediation, technical assistance, outreach, and enforcement. The U.S. Attorney’s Office for the Northern District of Oklahoma has been instrumental in assisting with a multitude of ADA matters over the years, from making sure health care providers furnish interpreters for people with hearing loss to ensuring veterans are allowed to bring service animals to local hotels.
The ADA addresses employment, areas of civic life, and the day-to-day activities and access to goods and services that we all enjoy. Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality, and reshaping systems that historically excluded people with disabilities. Today, the Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration, and limitations with self-determination.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. You can access Civil Rights Division Assistant Attorney General Eric Dreiband’s statement on the ADA’s 30th Anniversary here.
To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
U.S. Attorney's Office Commemorates 30th Anniversary of the Americans with Disabilities ActRead the Press Release
CHARLESTON, W.Va. – Today marks the 30th anniversary of the Americans with Disabilities Act (the ADA), a critical civil rights law that aims to eliminate discrimination against people with disabilities.
The U.S. Attorney’s Office for the Southern District of West Virginia is proud to play a critical role in the Justice Department’s enforcement efforts under the ADA, which was signed into law on July 26, 1990, and is the nation’s preeminent civil rights law for providing access and equal opportunity for people with disabilities.
“The ADA is a critical law that has helped ensure equal and fair treatment and opportunities for people with disabilities,” said United States Attorney Mike Stuart. “I am proud to have played a role in forging a landmark settlement with West Virginia to bring the state into compliance in its care for children with disabilities. My office will continue to fight for and protect the citizens of the Southern District of West Virginia.”
In recent years, the U.S. Attorney’s Office has investigated a number of ADA cases. This includes an investigation into West Virginia’s children’s mental health system in which a landmark settlement was reached. The investigation concluded that there was reasonable cause to believe the state had violated the ADA by unnecessarily institutionalizing children with serious emotional or behavioral disorders in residential treatment facilities instead of providing them in-home and community-based mental health services. An agreement was reached with the State of West Virginia in May 2019, through which the state agreed to expand and improve in-home and community-based mental health services throughout the state to better meet children’s needs. The services include mobile crisis services, case management, therapeutic foster care, in-home therapy, and assertive community treatment. The state also agreed to develop a plan to eliminate the unnecessary use of residential mental health treatment facilities for children whom the state could serve in the community.
The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but were largely inaccessible to individuals with disabilities prior to the law’s enactment. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy – the ADA ensures that individuals with disabilities enjoy the same opportunities as all Americans to participate in everything this nation has to offer.
Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality, and altering the systems that have historically excluded people with disabilities. Today, the Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration, and limitations with self-determination.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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U.S. Attorney's Office Commemorates 30th Anniversary of Americans with Disabilities ActRead the Press Release
ALBANY, NEW YORK – Sunday, July 26, 2020, marks the 30th Anniversary of the Americans with Disabilities Act (ADA), a critical civil rights law that aims to eliminate discrimination against people with disabilities. The U.S. Attorney’s Office for the Northern District of New York is proud to play a pivotal role in the Justice Department’s enforcement efforts under the ADA.
“The ADA has improved the lives of all Americans by ensuring that people with disabilities have access and equal opportunity, but some still encounter barriers,” said United States Attorney Grant C. Jaquith. “Our commitment to the fair and just enforcement of the ADA’s requirements is unwavering. We will not rest until every American is able to participate fully in our society.”
The U.S. Attorney’s Office has prioritized enforcing the ADA to vindicate the rights of people with disabilities in several recent matters. These efforts include:
• Ensuring Equal Access to Polling Places. The Justice Department’s ADA Voting Initiative focuses on protecting the right of individuals with disabilities, and a hallmark of that initiative is helping jurisdictions increase accessibility at polling places. As part of that initiative, the U.S. Attorney’s Office has reviewed polling places throughout the Northern District of New York over the past four years and has helped boards of elections identify and remedy barriers to voting.
• Ensuring Equal Access to Municipal Programs and Services. Last year, the U.S. Attorney’s Office, in coordination with the Disability Rights Section of the Department of Justice Civil Rights Division, entered into an agreement with the City of Hudson to ensure that its programs and services are accessible to persons with disabilities. The agreement requires the City to identify and remove barriers to program access as well as to implement measures to ensure equal access to its programs and services.
• Ensuring Effective Communication by Medical Providers. The U.S. Attorney’s Office, in conjunction with the Department of Justice’s Effective Communication initiative, initiated compliance reviews of area medical providers to ensure that they had procedures and policies to provide effective communication with patients who have sight, hearing, and speech impairments.
The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but were largely inaccessible to individuals with disabilities prior to the law’s enactment. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy, the ADA ensures that individuals with disabilities enjoy the same opportunities as all Americans to participate in everything this nation has to offer.
Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality, and altering the systems that have historically excluded people with disabilities. Today, the Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration, and limitations with self-determination.
For more information about the 30th Anniversary of the ADA, please visit https://www.ada.gov/.
More information about the U.S. Attorney’s Civil Rights Unit and its enforcement efforts is available at https://www.justice.gov/usao-ndny/civil-division.
To file a complaint with the U.S. Attorney’s Office Civil Rights Hotline, please visit the portal at [email protected], call (518) 618-1619, or complete this form https://www.justice.gov/sites/default/files/usao-ndny/pages/attachments/2015/04/09/civil_rights_complaint_form.pdf.
To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
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.
The Real Story of Federal Agents in Portland (Op Ed)Read the Press Release
As the chief federal law enforcement official in Colorado, I have watched with keen interest what is happening in Portland, Oregon, regarding the use of federal law enforcement personnel. I have also followed closely the announcement this week by President Donald Trump and Attorney General William Barr that they will be sending law enforcement personnel into cities where violent crime has been skyrocketing.
Unfortunately, there has been a conflation of what is happening in Portland — protecting federal property — with the traditional crime-fighting initiatives the Department of Justice has engaged in for decades. The result has been widespread confusion about both. As Coloradans, we would be well-served to take a collective deep breath, tone down the rhetoric, and try to better understand both what has actually happened in Portland and what is actually being proposed elsewhere.
But first, let’s be clear about Colorado. As Colorado’s U.S. attorney, my job is to protect Coloradans by enforcing federal criminal law. I have spoken with our federal agency partners here, and we are all committed to ensuring that federal law enforcement activity in Colorado is conducted in a lawful manner, as it always has been. And while I am hopeful that the need for greater federal resources never arises, Colorado has my pledge that if such a need does arise, it will be done only in cooperation with the relevant state and local law enforcement agencies. As I often say, we have the gold standard of federal-state-local partnership here in Colorado. I intend to keep it that way.
Now, let’s talk about Portland. Over the past few weeks, lawful protests there have devolved into violent attacks on federal employees and the destruction of federal property. I have spoken with my counterpart there and he reports the widespread use of rocks, lasers, slingshots loaded with ball-bearings, explosives, and other methods to assault federal employees. There are also nightly attempts by rioters to storm federal buildings and destroy them. Unfortunately, the size and scale of the violence has so overwhelmed the men and women ordinarily tasked with protecting those employees and buildings that they have asked for help from Washington. In keeping with standard practice, personnel from other agencies came to assist.
In the last few days, there have been various allegations about the conduct of these agents, including charges that anonymous law enforcement officers are wandering the city, whisking away innocent citizens in unmarked vehicles to secret government locations for interrogation. Others allege instances of excessive use of force by officers staged around federal buildings.
While it is apparently true that those federal agents, like virtually all state and local police agencies, have used unmarked vehicles, the other claims are contradicted by the actual evidence on the ground. According to the head of the Customs and Border Patrol, all of their agents wear multiple insignia designating them as police or identifying their agency, and these agents have strict protocols limiting arrests to those engaging in direct violence against federal employees or federal property in and around the federal courthouse.
In fact, dozens of such arrests have been made. There is also no credible indication that federal agents have been more broadly wandering the streets of Portland looking for agitators or taking people anywhere other than back to the courthouse where all federal detainees are taken. And in the very small number of cases where agents have been accused of acting outside their authority, those incidents are being reviewed by the Inspector General for the respective agencies. Time and due process will tell if any laws or procedures were broken. If so, those responsible will be held accountable.
Those are the facts about Portland.
Next, there has been much discussion about the president’s and the attorney general’s announcement this week of Project LeGend, under which federal law enforcement resources and dollars will be targeted and deployed to those cities where violent crime (murders, armed robberies, bank robberies, etc.) has exploded in recent months. In Chicago, where 373 people have been murdered so far this year, the administration has pledged hundreds of agents from the FBI, ATF, DEA, and other agencies, as well as $9.3 million for the hiring of 75 local sheriff’s deputies. While the Chicago mayor originally opposed federal intervention, she now welcomes it after gaining a better understanding of the proposal.
In short, Project LeGend will help address the recent spike in violent crime occurring in many communities across our nation. That is very different than what is being done in Portland to protect federal employees and property. If done properly, both serve a valid purpose.
Nonetheless, many state and local officials in Colorado and elsewhere have incorrectly described the recent proposal as an effort to send in “paramilitary forces” (or even the military) to quash lawful demonstrations. Perhaps unintentionally, the media itself has exacerbated this misunderstanding: The New York Times, Wall Street Journal, and The Denver Post all ran headlines this week about the president’s proposal under a photograph of camouflaged and masked law enforcement personnel engaging demonstrators in Portland. Viewed together, this perpetuates the misperception about what is being proposed and heightens public anxiety.
Ultimately, bringing in law enforcement to areas that need support is a good thing, whether it be to defend public property or to help address the jump in violent crime across our nation. And as the U.S. attorney, you have my assurance that federal law enforcement in Colorado will continue to operate in accordance with the law, and will strive to work cooperatively with state and local authorities to make Colorado a safer and better place.
Jason Dunn currently serves as the United States attorney for the District of Colorado. He oversees the prosecution of all federal crimes and the litigation of all civil matters involving the United States government in Colorado.
Saturday 25 July 2020
La Vista Man Sentenced for Cyberstalking and Child PornographyRead the Press Release
United States Attorney Joe Kelly announced the Cory Proplesch, 29, of La Vista, Nebraska, was sentenced in federal court on July 24, 2020 for Cyberstalking and Possession of Child Pornography. United States District Judge Robert F. Rossiter, Jr. sentenced Proplesch to concurrent terms of 60 months for cyberstalking and 135 months for possession of child pornography. There is no parole in the federal system. After he completes his sentence, Proplesch will begin a five-year term of supervised release. He will also be required to register as a sex offender.
Proplesch targeted a 17-year-old high school student in May, 2018. He used an alias to send threatening Snapchat messages seeking sexually explicit photos. Proplesch requested that the girl excuse herself from class, go to the restroom, and send him nude photographs. He told her he knew where she lived and would sexually assault her if she refused. She went to the police.
The Sarpy County Sheriff’s Office and the FBI Child Exploitation Task Force searched Proplesch’s apartment in September, 2018. Proplesch admitted to the Snapchat messages sent to the high school student. Investigators located 13 videos and 278 images of child pornography. Included in the videos were two 14-year-old minors engaged in sexually explicit conduct in Proplesch’s apartment. Proplesch used a security camera to record the activity before transmitting it to a thumb drive.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI’s Child Exploitation Task Force and the Sarpy County Sheriff’s Office.
Friday 24 July 2020
U.S. Attorney’s Office Notes 30th Anniversary of Americans with Disabilities ActRead the Press Release
NEWARK, N.J. – The Americans with Disabilities Act (ADA) was passed on July 26, 1990, and is the nation’s preeminent law for providing access and equal opportunity for people with disabilities. The U.S. Attorney’s Office has played a vital role in enforcing the ADA in order to help eliminate discrimination against people with disabilities. U.S. Attorney Craig Carpenito today reinforces the Office’s commitment to vigorously enforce the ADA in the years to come.
“The ADA is a landmark civil rights statute that guarantees people with disabilities equal opportunity to fully participate in mainstream life without discriminatory barriers,” U.S. Attorney Carpenito said. “Despite the tremendous progress that has been made in the 30 years since this historic legislation was signed, we still see unlawful barriers that prevent individuals with disabilities from fully participating in many aspects of society. The U.S. Attorney’s Office will continue to work tirelessly to shatter those discriminatory barriers.”
Over the past 30 years, our country has worked to change attitudes about disability, remove obstacles to equality, and dismantle the systems that have historically excluded people with disabilities. We commemorate the many ways that the ADA has transformed our society – by replacing exclusion with access, segregation with integration, and limitations with self-determination. The ADA has advanced the promise of the American dream, ensuring that people with disabilities can write their own stories. We are better and stronger because of the contributions that people with disabilities make.
The U.S. Attorney’s Office has prioritized enforcing the ADA to vindicate the rights of people with disabilities in several recent matters. These efforts include:
- Ensuring Equal Access to Polling Places. On Aug. 15, 2019, in connection with the Justice Department’s ADA Voting Initiative, the U.S. Attorney entered into comprehensive settlement agreements with the Ocean County Board of Elections and the Union County Board of Elections to ensure that people with mobility disabilities can physically access polling locations so as to not be denied their fundamental right to vote. https://www.justice.gov/usao-nj/pr/united-states-reaches-agreements-ocean-county-and-union-county-boards-elections-ensure
- Combatting Discrimination in Childcare Settings. On Nov. 13, 2019, the U.S. Attorney’s Office settled a lawsuit, resolving allegations that a national daycare provider, Spring Education Inc., discriminated against a 3-year-old girl and her parents when it expelled the child on the basis of her disability and refused to make reasonable modifications to its policies and practices. Under the terms of the settlement, the defendant was required to agree to injunctive remedies, including adopting policies to provide reasonable modifications for children, as well as paying damages to the child and a civil penalty to the United States. https://www.justice.gov/usao-nj/pr/us-attorney-s-office-reaches-agreement-nationwide-daycare-provider-ensure-equal-rights
- Providing Equal Access for Children with Disabilities in Youth Activities. On Oct. 11, 2019, the U.S. Attorney’s Office reached an agreement with a gymnastics facility in Bergen County to implement polices to ensure equal access for children with disabilities, as well as damages to the child and her parents and a civil penalty to the United States. https://www.justice.gov/usao-nj/pr/us-attorney-s-office-reaches-ada-settlement-gymnastics-facility-ensure-children On April 5, 2018, the U.S. Attorney’s office entered into an agreement with a gymnastics center that excluded a child on the basis of her disability. The agreement required the center to adopt policies and practices to comply with the ADA and pay damages to the child. https://www.justice.gov/usao-nj/pr/us-attorney-s-office-reaches-settlement-gymnastics-center-ensure-equal-access-children
- Protecting the Rights of Students with Disabilities. On Feb. 21, 2019, the U.S. Attorney’s Office entered into an agreement with Rider University that required the university to make reasonable modifications to its policies, practices, and procedures for students with food allergy-related disabilities. https://www.justice.gov/usao-nj/pr/us-attorney-s-office-reaches-agreement-rider-university-resolve-allegations-under On Sept. 11, 2019, the U.S. Attorney’s Office executed a settlement agreement to resolve allegations that the Watchung Hills Regional High School failed to evacuate at least one student with a mobility disability during a school-wide evacuation and failed to implement any policies addressing emergency evacuations of students with disabilities. https://www.justice.gov/usao-nj/pr/watchung-hills-high-school-district-agrees-settle-claim-it-violated-americans
- Protecting the Rights of Combat Veterans with Disabilities. On Feb. 6, 2020, the U.S. Attorney’s Office reached a settlement with a charter bus company, Academy Express, LLC, to resolve allegations that the bus company discriminated against a 74-year-old combat veteran with multiple disabilities by denying him accessible transportation on a multi-day tour of historic sites with his fellow combat veterans. The settlement agreement requires the bus company to implement policies to ensure persons with disabilities receive accessible – and timely – transportation, as well as to pay damages to the veteran and a civil penalty to the United States. https://www.justice.gov/usao-nj/pr/us-attorney-s-office-reaches-ada-settlement-charter-bus-company-protect-rights-americans
- Ensuring Physical Access to Places of Public Accommodation. The U.S. Attorney’s Office has successfully resolved multiple matters to ensure physical access to places of public accommodate to those with mobility disabilities. On Nov. 19, 2019, the U.S. Attorney’s Office reached a settlement with the owner of the historic Paramount Theater in Asbury Park to ensure physical accessibility for people with disabilities. https://www.justice.gov/usao-nj/pr/us-atorney-s-office-reaches-ada-settlement-owner-historic-paramount-theater-ensure
- Combatting HIV Discrimination. On Dec. 17, 2019, the U.S. Attorney entered into a settlement with a Middlesex County day care facility to resolve allegations that the facility denied a child admission based on the parent’s disclosure that the child may have a disability – either HIV or Hepatitis. The settlement required the day care to implement policies and procedures to ensure that children with disabilities are afforded full and equal opportunities to participate in its services, as well as to provide damages to the child and his parent. https://www.justice.gov/usao-nj/pr/us-attorney-s-office-reaches-ada-settlement-middlesex-county-day-care-facility-over
The Justice Department’s ADA Voting Initiative focuses on protecting the right of individuals with disabilities. A hallmark of the ADA Voting Initiative is its collaboration with jurisdictions to increase accessibility at polling places. The Department of Justice has surveyed more than 2,200 polling places and increased polling place accessibility in more than 35 jurisdictions, including in Ocean County and Union County, New Jersey.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. More information about the U.S. Attorney’s Civil Rights Unit and its enforcement efforts is available at https://www.justice.gov/usao-nj/civil-rights-enforcement
Individuals who believe they may have been victims of discrimination may file a complaint with the U.S Attorney’s Office at https://www.justice.gov/usao-nj/civil-rights-enforcement/complaint.
U.S. Attorney’s Office Commemorates 30th Anniversary of the Americans with Disabilities ActRead the Press Release
BOSTON – Sunday, July 26, 2020, marks the 30th Anniversary of the Americans with Disabilities Act (the ADA), a critical civil rights law that aims to eliminate discrimination against people with disabilities.
The U.S. Attorney’s Office for the District of Massachusetts is proud to play a critical role in the Justice Department’s enforcement efforts under the ADA, which was signed into law on July 26, 1990, and is the nation’s preeminent civil rights law for providing access and equal opportunity for people with disabilities.
“During my tenure as U.S. Attorney, my office has aggressively enforced civil rights protections on behalf of the people of Massachusetts, and nowhere is this more important than in the context of disability rights,” said United States Attorney Andrew E. Lelling. “The ADA is an important and powerful law that addresses issues ranging from making sure restaurants can accommodate wheelchairs, to ensuring that web services are accessible to those with vision, hearing and physical disabilities. Despite this year’s 30th anniversary commemoration, there is more work to do. Our role in advancing disability rights is crucial to ensure that the aspiration of the ADA—the elimination of discrimination against all forms of disability, both physical and mental—is achieved.”
Since the formation of the Civil Rights Unit in the fall of 2015, the U.S. Attorney’s Office has investigated a number of ADA cases. This includes agreements with Tufts Medical Center to adopt policies that ensure effective communication for individuals who are deaf or hard of hearing and with McLean Hospital to make the hospital’s buildings physically accessible. In addition, the office entered into settlements with two skilled nursing facilities, Athena Health Care Systems and Charlwell House, ensuring that individuals prescribed medication assisted treatment to treat their opioid use disorder would not be denied admission. The U.S. Attorney's Office also reached agreements with a number of schools and school districts, including Hudson Public Schools, The Park School and Lexington Chinese School, to ensure that students with disabilities enjoy the same access to education and educational programs as their peers.
The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs and activities that most Americans take for granted, but were largely inaccessible to individuals with disabilities. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy – the ADA requires that we take those steps necessary to ensure access for all.
Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality and altering the systems that have historically excluded people with disabilities. Today, the Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration and limitations with self-determination.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
U.S. Attorney's Office Recognizes 30th Anniversary of Americans with Disabilities ActRead the Press Release
MADISON, WIS. – On July 26, 2020, our nation reflects on the 30th anniversary of the Americans with Disabilities Act (the ADA), a landmark civil rights law that aims to eliminate discrimination against people with disabilities. The U.S. Attorney’s Office for the Western District of Wisconsin is committed to vigorous enforcement of the ADA.
The ADA was signed into law on July 26, 1990, by President George H.W. Bush. It is one of America’s most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life -- to enjoy employment opportunities, to purchase goods and services, and to participate in state and local government programs and services. Modeled after the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, or national origin, the ADA is an “equal opportunity” law for people with disabilities.
“My office is committed to ADA compliance, through cooperative efforts and enforcement actions, to ensure equal access for persons with disabilities,” said Scott C. Blader, United States Attorney for the Western District of Wisconsin. “The ADA is about securing for people with disabilities the most fundamental of rights – the right to live fully and equally in our country, to go places and do things that other Americans take for granted.”
The Department of Justice has undertaken multiple initiatives to enforce the ADA, including its Barrier-Free Health Care Initiative and its ADA Voting Initiative. The Barrier-Free Health Care Initiative addresses access to medical services and facilities, including effective communication for people who are deaf or have hearing loss, physical access to medical care for people with mobility disabilities, and equal access to treatment for people who have HIV/AIDS. The ADA Voting Initiative works to ensure that people with disabilities have an equal opportunity to participate in the voting process, from voter registration to casting a ballot.
In the Western District of Wisconsin, the U.S. Attorney’s Office frequently investigates alleged violations of the ADA, including complaints related to access to public buildings and complaints of discrimination against individuals with service animals.
For more information about the 30th anniversary of the ADA and the Department’s initiatives, please visit www.ada.gov. To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/.
U.S. Attorney's Office Celebrates the 30th Anniversary of the Americans with Disabilities ActRead the Press Release
GRAND RAPIDS, MICHIGAN – 2020 marks the 30th Anniversary of the Americans with Disabilities Act (ADA). This landmark civil rights legislation has impacted the lives of millions of people with disabilities in the United States by prohibiting discrimination based on disability and guaranteeing equal opportunity in all aspects of community life.
“Since President George H.W. Bush signed the ADA into law on July 26, 1990, this nation has made great strides towards improving the lives of Americans with disabilities, but there is still much work to do,” Andrew Birge, United States Attorney for the Western District of Michigan said. “On this 30th Anniversary, my Office reaffirms its commitment to protecting the rights of people with disabilities and working to achieve equal opportunity, increased access and inclusion in our community.”
The U.S. Attorney’s Office for the Western District of Michigan enforces the ADA and seeks to vindicate the rights of people with disabilities throughout the district. In the past several years, the Office has increased its number of ADA investigations. These efforts have led to numerous resolutions, including voluntary corrective measures by both public and private entities to ensure compliance with the ADA. For example, as a result of the Office’s work, a health care provider revised its communication practices regarding provision of auxiliary aids to individuals who are deaf or have hearing loss, an entertainment venue established procedures for ADAaccessible online ticket sales, a lodge revised its policies and practices to accommodate service animals, and a public building modified its parking lot to ensure adequate parking access for the disabled.
The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. The Justice Department will continue to use its enforcement and technical assistance tools to eliminate unlawful discrimination against individuals with disabilities.
The Department of Justice has a number of publications available to assist entities in complying with the ADA. For more information on the ADA and to access these publications, visit ADA.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TTY). The Department also encourages anyone who believes that their disability rights have been violated to file a complaint at https://civilrights.justice.gov/report/
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U.S. Attorney McSwain Announces Detention of Alleged Burglar Accused of Stealing $104,000 During Recent Rioting in PhiladelphiaRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Raphael Shaw, 20, of Philadelphia, PA was ordered detained pending trial at a detention hearing today in federal court on charges of burglarizing $104,000 from a Wells Fargo Bank branch in the Parkside section of Philadelphia during the recent riots and looting in the city. The defendant was arrested and taken into federal custody last week and made his initial appearance in court on Friday, July 17, 2020.
Following peaceful protests in the early afternoon of May 30, 2020 in response to the killing of George Floyd in Minneapolis, MN, civil unrest began to unfold later that afternoon in Philadelphia that resulted in widespread looting, burglary, arson, destruction of property, and other violent acts.
One such burglary occurred on May 31, 2020, when the defendant and his confederates allegedly broke into the Wells Fargo bank located on the 1500 block of north 52nd Street, pointed a rifle at people inside the bank, and removed a cash vault containing $104,000. According to the criminal complaint, the burglars used a forklift stolen from a nearby Lowe’s home improvement store to remove the vault. Surveillance footage from the bank showed a male wearing a blonde wig with distinctive tattoos on his right forearm, and several other individuals, surrounding a large object and moving it through the bank.
Shaw was identified as the individual in the blonde wig after a Philadelphia Police Officer who patrols the Parkside neighborhood, and who has interacted with Shaw multiple times in the last year, recognized the tattoos on his arm. Investigators were also able to further identify Shaw as the suspect based on photos posted to his publicly accessible Instagram account which showed a photo of an individual with the same arm tattoos, displaying large amounts of cash. A separate criminal complaint filed in federal court earlier this month charged Shaw’s alleged associate, Xavier Nolley-Hall, with entering the bank with intent to commit a felony.
“We at the U.S. Attorney’s Office will not allow violent criminal behavior to hijack the First Amendment right of the people to assemble peaceably and to petition their government,” said U.S. Attorney McSwain. “We accomplish that mission not only by arresting and prosecuting the perpetrators, but also by detaining them with no bail, when appropriate. That was the case here. Shaw will now face the consequences of his alleged actions, and he will do so while sitting in federal prison, where he belongs, prior to his trial. The bottom line is that if you committed a federal crime during the rioting and looting in Philadelphia, we are coming for you.”
“Amid peaceful protests and an outbreak of civil unrest, criminal opportunists sought to take advantage of the chaos,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “Numerous banks across the city experienced vandalism and forced entry, but this daylight forklift burglary was the most brazen incident by far. The FBI/Philadelphia Police Violent Crimes Task Force continues to work the case, to identify the others involved. Our message to those folks: we’ll see you soon.”
If convicted, Shaw faces a maximum possible sentence of twenty years in prison, followed by three years of supervised release, and a fine of up to $250,000.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Michael R. Miller.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Attorney Matt Martin Celebrates 30th Anniversary of the Americans with Disabilities ActRead the Press Release
GREENSBORO, NC. - The U.S. Attorney’s Office for the Middle District of North Carolina is proud to play a key role in the Department of Justice’s enforcement efforts under the Americans with Disabilities Act (ADA), as this year marks 30 years since the signing of the landmark legislation. The ADA was signed into law on July 26, 1990, and is the nation’s preeminent civil rights law for providing access and equal opportunity for people with disabilities.
At the signing ceremony for the ADA in 1990, George H.W. Bush remarked: “Together, we must remove the physical barriers we have created and the social barriers that we have accepted. For ours will never be a truly prosperous nation until all within it prosper.” To reach this goal, the Middle District of North Carolina has participated in the Barrier Free Healthcare Initiative, which focuses on equal access to medical services and facilities for individuals with disabilities; Project Civic Access, a wide-ranging effort to eliminate physical and communication barriers that prevent people with disabilities from participating fully in community life; and enforcement actions ensuring that individuals with service animals have equal access to public accommodations.
“We have heeded President Bush’s call to remove physical and social barriers for those with disabilities. And we will continue to do this work through cooperation when we can and through litigation when we must,” U.S. Attorney Martin said. “Our office and the Department of Justice are committed to enforcing the ADA and dismantling barriers to equal access. We want all Americans to be able to develop their talents and participate in community life.”
Over the past 30 years, our country has undertaken the hard work of changing attitudes about disability, tearing down barriers to equality, and dismantling the systems that have historically excluded people with disabilities. Today, we commemorate the many ways that the ADA has transformed our society—by replacing exclusion with access, segregation with integration, and limitations with self-determination. The ADA has advanced the promise of the American dream, ensuring that people with disabilities can write their own stories. And as a society, we are better and stronger because of the contributions that people with disabilities make.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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U.S. Attorney Drew H. Wrigley Celebrates the 30th Anniversary of the ADARead the Press Release
BISMARCK: The U.S. Attorney’s Office for the District of North Dakota is committed to our leadership role in the Department of Justice’s enforcement efforts under the Americans with Disabilities Act (ADA). This year marks 30 years since the signing of that landmark legislation. The ADA was signed into law on July 26, 1990, and is the nation’s pivotal civil rights law for providing access and equal opportunity for people with disabilities.
"We pay our respects to the ADA by noting this 30 year anniversary," said U.S. Attorney Drew Wrigley, "and, more importantly, we are dedicated to the hard work necessary to achieve the promise of equal access and opportunity, and eliminating disability discrimination in every form."
The United States Attorney’s Office has recently investigated and resolved several complaints of disability discrimination in North Dakota, both through settlement agreements and letters of resolution. Examples of this work include settlement agreements with North Dakota State University regarding accessibility and integrated and dispersed seating issues at the Sanford Health Athletic Complex; the Fargo Park District and Gilbert C. Grafton Post No. 2 related to inaccessible restrooms at the Jack Williams Stadium; the Red River Valley Fair Association related to outside food and beverage limitations at the Red River Valley Fairgrounds; and the owner and operator of the Super 8 in Lisbon related to a prohibition on service animals at the hotel; and letters of resolution with the owner of a local McDonald’s franchise related to parking and accessibility issues at the restaurant; and the owner of a clothing store regarding a prohibition on service animals in the store. The United States Attorney’s Office is actively investigating a number of other complaints alleging disability discrimination in the District of North Dakota.
U.S. Attorney Drew H. Wrigley encourages the public to bring matters of disability discrimination to the attention of the Department of Justice. To file a complaint of discrimination with the Department, please visit the Civil Rights Division’s online portal at https://civilrights.justice.gov/report/ or contact Assistant United States Attorneys Tara Vavrosky Iversen or Melissa H. Burkland in the U.S. Attorney’s Office at 701-297- 7400. For more information about the 30th Anniversary of the ADA, please visit www.ada.gov.
U.S. Attorney Announces Update on Efforts Made to Promote Public Safety in Rural AlaskaRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced an update on efforts made to promote public safety in rural Alaska. Following his May 2019 visit, Attorney General William P. Barr declared a law enforcement emergency in rural Alaska under the Emergency Federal Law Enforcement Assistance (EFLEA) program, resulting in significant funding and the authorization of several long-term measures to support village public safety and victim services. To date, $62.1 million in grants have been awarded, with 39 funded law enforcement positions, to support improving public safety in rural Alaska. A summary of the grant awards and ongoing agency efforts are below.
Prosecution
Part of the resources authorized by Attorney General Barr included three new federal prosecutor positions focused on rural Alaska. As of March 2020, all three Assistant U.S. Attorney (AUSA) positions have been filled within the U.S. Attorney’s Office for the District of Alaska. In addition, two state prosecutors have been hired and will be appointed as Special Assistant U.S. Attorneys (SAUSAs) to assist with criminal cases in rural Alaska. Several federal cases have already been charged, including, but not limited to:
- Jayson Knox, 21, a former teacher in Kivalina, is charged with attempted coercion and enticement of a minor, attempted sexual exploitation of a minor, and transfer of obscene material to a minor;
- Christopher Carmichael, 56, a former principal in Bethel, is charged with attempted coercion and enticement of a minor, possession of child pornography, and attempted transfer of obscene material to a minor;
- Brady Grimes, 38, of Utqiagvik, is charged with possession of methamphetamine with intent to distribute, possession of a firearm during a drug trafficking offense, and possession of an unregistered firearm;
- Stephen Sherman, 35, of Nome, is charged with felon in possession of firearms and ammunition. Sherman has also been charged by the State of Alaska for misconduct involving weapons. Sherman has three prior felony convictions for crimes including criminal negligent homicide and assault;
- Dick Itumulria, 54, of Manokotak, is charged with felon in possession of firearms and ammunition. Itumulria, who has a prior felony conviction for sexual assault, has also been charged by the State of Alaska with second degree murder.
Appointment of MMIP Coordinator
This month the U.S. Attorney’s Office announced the appointment of a Missing and Murdered Indigenous Persons (MMIP) Coordinator for the District of Alaska. The MMIP Coordinator will gather reliable data to identify MMIP cases connected to Alaska; conduct outreach with tribal communities to assist in the creation and implementation of community action plans; coordinate with tribal, local, state, and federal law enforcement in the development of protocols and procedures for responding to and addressing MMIP cases; and promote improved data collection and analyses. On Nov. 22, 2019, Attorney General Barr launched a national strategy to address missing and murdered Native Americans. As part of this MMIP Initiative, DOJ made an initial investment of $1.5 million to hire MMIP Coordinators to serve with U.S. Attorney’s Offices in 11 states, including Alaska.
U.S. Marshals Service (USMS)
In December 2019, the U.S. Marshals Service announced the successful results of “Operation RAAVEN,” where federal, state, and local law enforcement officers joined together to account for registered sex offenders, and to locate and arrest individuals with warrants who were living in Western Alaska. The operation focused its efforts in Bethel and 13 surrounding villages, to include Napakiak, Napaskiak, Kwethluk, Akiachak, Akiak, Nunapitchuk, Kasigluk, Tuluksak, Eek, Tuntutuliak, Kwigillinok, Stoney River, and Kipnuk.
Following its initial success, “Operation RAAVEN” continued in March 2020, this time focusing its efforts in Hooper Bay, Chevak, Scammon Bay, St. Mary’s, Mountain Village, Russian Mission, Pilot Station, Pitkas Point and Marshall. During this operation, law enforcement teams arrested 17 individuals with outstanding warrants; conducted 90 sex offender compliance checks; re-registered 12 non-compliant sex offenders; requested one State Failure to Register as a Sex Offender warrant; conducted 30 probation, parole, and pre-trial visits; conducted investigations; assisted with general calls for law enforcement service; and updated photographs and documentation for the Alaska SOR.
Participating in these joint operations were the U.S. Marshals Service, Anchorage Police Department (as a member of the Alaska USMS-Sex Offender Task Force), Alaska State Troopers, Alaska Department of Corrections-Adult Probation, Bethel Police Department, Alaska Public Safety-Sex Offender Registry, VPOs and TPOs. USMS efforts will continue in rural Alaska communities to address violent crime issues and to enhance the public safety of the area.
EFLEA Award to the Alaska Department of Public Safety (DPS): $6 Million
Based on the Attorney General’s declaration of a law enforcement emergency in rural Alaska, the State of Alaska Department of Public Safety (DPS) applied for, and was awarded, $6 million from DOJ’s EFLEA Program. DPS subgranted these funds to the State of Alaska Department of commerce, Community, and Economic Development (DCCED). On May 8, 2020, DCCED announced that it awarded 15 EFLEA grants, totaling the $6 million, to Alaska Native organizations, Alaska Native Villages, federally recognized Indian tribes, and municipal governments to assist rural communities with infrastructure needs. This funding allocation is dedicated to renovating current public safety buildings or purchasing prefabricated public safety buildings, serving 31 rural Alaska communities. Currently, project managers with an environmental consulting firm are in the process of contacting awardees to complete environmental assessments.
FY19 OVC’s Tribal Victim Services Set-Aside Program Award: $7 Million
DOJ’s Office for Victims of Crime (OVC) awarded $7 million to The Denali Commission, which is implementing a Micro-Grant Program to help support the ability of Alaska’s Native Tribal Communities and/or organizations to develop victim services including behavioral health, telemedicine, and building renovations. Pre-application training and technical assistance will be available to interested communities. Communities may apply for up to $350,000 and may find more information here.
FY19 Coordinated Tribal Assistance Solicitation (CTAS) Awards: $42 Million
Approximately $42 million in grants were awarded to Alaska Native communities and other tribal designees through the Coordinated Tribal Assistance Solicitation (CTAS). Specifically, on Sept. 30, 2019, DOJ announced that Alaska was awarded over $20 million in CTAS grant funding, and on Oct. 17, 2019, announced over $22 million of set-aside funding for victims of crime to Alaska Native communities and tribal entities.
FY20 COPS Hiring Program (CHP) Award: $2.1 Million
On June 2, 2020, funding in the amount of $2,100,476 was awarded to multiple law enforcement agencies in Alaska, which allows those agencies to hire a combined total of 19 officers to help keep our communities safe. Out of the 19 officers, 18 will be located in rural Alaska. Specifically, 14 officers will be certified Alaska Police Officers, three will be certified VPSOs, and two will be TPOs. This is part of DOJ’s announcement in awarding nearly $400 million in grant funding nationwide through the COPS Hiring Program (CHP).
Law Enforcement Agency
Award Amount
Positions Funded
Akiak Native Community
$214,956
2
Bethel Police Department
$125,000
1
Chevak, City of
$491,234
6
Ft. Yukon Police Department
$240,598
2
Marshall, City of
$403,688
3
Nome Police Department
$125,000
1
Northwest Arctic Borough
$375,000
3
Palmer Police Department
$125,000
1
FY19 COPS Tribal Resources Grant Program (TRGP) Award: $5 Million
On July 30, 2019, Department of Justice’s Office of Community Oriented Policing Services (COPS) announced that it awarded nearly $5 million through the Tribal Resources Grant Program for the hiring, equipping, and training of VPOs and TPOs working in rural Alaska. Specifically, funding was allocated to hire officers in 15 communities for a total of 20 officers, of which 14 VPOs have already been hired.
Tribal Agency
Funding for Equipment
Funding for Hiring
Positions Funded
Akiachak Native Community
$58,074
$241,429
3
Central Council Tlingit and Haida
$204,721
$0
0
Chickaloon Native Village
$4,378
$286,831
1
Holy Cross Tribe
$113,999
$185,457
1
Kasigluk Elders Council
$42,212
$255,077
1
Kodiak Area Native Association
$177,566
$0
0
Maniilaq Association
$253,562
$0
0
Native Village of Kipnuk
$41,199
$109,137
1
Native Village of Kwinhagak
$59,443
$108,211
1
Native Village of Mekoryuk
$7,260
$169,823
2
Native Village of Napaskiak
$31,829
$249,106
2
Native Village of Nulato
$58,837
$223,445
1
Native Village of Ruby
$79,681
$197,539
1
Native Village of Scammon Bay
$38,628
$249,216
2
Native Village of Tanacross
$75,074
$185,538
1
Native Village of Tununak
$73,017
$129,853
1
Northway Village
$70,819
$180,314
1
Sitka Tribe of Alaska
$300,000
$0
0
Venetie Village Council
$38,302
$249,944
1
Yakutat Tlingit Tribe
$241,681
$0
0
This update is part of the Rural Alaska Anti-Violence Enforcement (RAAVEN) Working Group’s ongoing efforts to build the capacity of federal, state, and tribal law enforcement in rural Alaska. The RAAVEN Working Group, led by the U.S. Attorney’s Office, encourages extensive collaboration among law enforcement at all levels, rural communities, Alaska Native groups, victim service organizations, and care providers. Current law enforcement members of the working group include the U.S. Attorney’s Office, State of Alaska Department of Law, DPS, USMS, FBI, DEA, ATF, USPIS, HSI, USCG, and APD.
U.P. Methamphetamine Dealer Sentenced to 21 Years in Federal PrisonRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced that Rodgers Lee Shealy was sentenced this week to 21 years of imprisonment by Chief U.S. District Judge Robert J. Jonker. Shealy pled guilty in August 2019 to conspiracy to distribute 50 grams or more of methamphetamine. Upon release, Shealy will be supervised for eight years.
Law enforcement’s investigation showed that between approximately 2017 and February 2019, when Shealy was arrested, Shealy obtained methamphetamine and heroin from Pontiac, Michigan and Oklahoma. He then transported the drugs to various locations in the Upper Peninsula, including Marquette County, Baraga County, and Menominee County using a number of associates.
The case was investigated by KIND, UPSET, HSI and the BIA, and prosecuted by Assistant U.S. Attorney Hannah N. Bobee.
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Two St. Thomas Men Charged with Conspiracy, Carjacking and Brandishing a Firearm During A Crime of ViolenceRead the Press Release
St. Thomas, USVI- United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced today that an information was filed on July 22, 2020 charging Jahvid Alexander and Jestus Francis with federal and territorial offenses, including conspiracy, carjacking, robbery, drug possession, and brandishing a firearm during a crime of violence.
According to the information and other court documents, on Tuesday, June 23, 2020 at approximately 11:00 p.m., two female victims reported an armed carjacking. Virgin Islands Police Department officers responded, obtained a description of the car and immediately directed police units to follow the suspected stolen vehicle. The vehicle and a blue Ford truck were observed traveling on Nadir Hill, a dead end road. Officers positioned themselves at that location and approximately 20 minutes later, the blue Ford truck was instructed by officers to pull over. The two suspects were located in the truck, along with stolen property from the victims, the keys belonging to the stolen car, two black masks, a loaded firearm, and other items linking the suspects to the offense. The stolen vehicle was located a short distance away. Video surveillance of the Havensight area, from which the car was stolen, shows the blue truck minutes before the crime circling and turning into the parking lot where the victims were located.
A detention hearing for Alexander is scheduled for July 27, 2020 and for Francis on July 29, 2020, before the Honorable Ruth Miller.
United States Attorney Shappert reminds the public that an information is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
The case is being investigated by the Virgin Islands Police Department and the Federal
Bureau of Investigation.Two Owners of Tony Luke’s Philadelphia Cheesesteak Restaurant Indicted for Tax EvasionRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that two owners of a popular cheesesteak restaurant were charged with conspiracy to defraud the IRS, tax evasion, and aiding and assisting in the filing of false tax returns.
According to the Indictment, Anthony Lucidonio Sr., 82, and his son, Nicholas Lucidonio, 54, both of New Jersey, owned and operated Tony Luke’s, a cheesesteak and sandwich restaurant located in South Philadelphia. The Indictment alleges that from 2006 to 2016, the defendants hid from the IRS more than $8 million in cash receipts by, among other things, depositing only a portion of Tony Luke’s receipts into business bank accounts, providing incomplete information concerning receipts and income to their accountant, and filing fraudulent corporate and individual tax returns that substantially understated business receipts and income. The defendants also willfully evaded substantial individual income taxes that they owed.
The Indictment also alleges that the Lucidonios committed employment tax fraud by paying employees “off the books” in cash. To evade detection, defendants would pay most employees a portion of their wages and salaries “on the books” based on only a portion of the hours they worked. The defendants would then pay substantial additional cash wages for the remaining hours worked without withholding or paying over to the IRS the required employment taxes. They caused their accountant to prepare and file fraudulent quarterly employment tax returns with the IRS that substantially understated wages paid and the taxes that were due.
It is further alleged that when a dispute over franchising rights arose between the two defendants and another individual in 2015, the Lucidonios became concerned that their tax fraud scheme would be revealed, so they directed that the prior year’s tax returns be amended to increase reported sales. But it is alleged that the Lucidonios, in amending their returns, substantially offset the increase in reported sales and the additional taxes that would be due by claiming additional false and fraudulent expenses, thereby continuing their tax fraud scheme.
“Tony Luke’s is an iconic Philadelphia brand, but that is not what matters in the eyes of the law. These are serious allegations and it should go without saying that everyone has an obligation to follow the law. This alleged scheme victimized honest taxpayers in two ways: first, by hiding more than $8 million in revenue from the IRS and second, by avoiding payroll taxes,” said U.S. Attorney McSwain. “And when the defendants thought their scheme might be discovered, they allegedly cooked the books even further to cover their tracks.”
“Collecting and paying over employment tax is an obligation, not a choice,” said IRS Criminal Investigations Special Agent in Charge Thomas Fattorusso. “Anthony Lucidonio and Nicholas Lucidonio willfully chose to ignore this obligation. Their actions not only caused a loss to the government, but it also put their employees at risk of losing future Social Security and Medicare benefits.”
The defendants are charged with conspiring to defraud the United States, 19 counts of aiding and assisting in the filing of false personal and corporate tax returns, and four counts of tax evasion. If convicted, the defendants face a maximum sentence of five years in prison for the conspiracy charge and each count of tax evasion, and three years in prison for each false return charge. Each defendant also faces a maximum period of five years of supervised release, a $6,000,000 fine, and a $2,400 special assessment
An Indictment merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The case was investigated by Special Agents of the IRS Criminal Investigation Division and is being prosecuted by Assistant U.S. Attorney Paul L. Gray and Assistant Chief John N. Kane of the Department of Justice Tax Division.
Twice Deported Mexican Man Indicted on Immigration ChargesRead 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 a federal grand jury has returned an indictment charging Juan Casarubias-Garcia, 29, a citizen of Mexico, with being a removed alien found in United States, and fraud and misuse of an alien registration receipt card. The charges carry a maximum penalty of 10 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, on January 19, 2019, the defendant was pulled over by the New York State Police for illegally operating a motor vehicle while intoxicated. As they approached the vehicle, the troopers observed approximately 20 or more empty beer bottles on the front and rear floor boards of the vehicle, three bottle caps under Casarubias’ legs in the driver seat, and a half full bottle of whiskey behind the front passenger seat. The defendant failed all field sobriety tests, and registered a .16% blood alcohol content when tested.
Casarubias provided troopers with a fraudulent Lawful Permanent Resident Card bearing his photo, and the name Andrade Raymundo, and an alien registration number. A check of immigration records determined that the alien registration number was assigned to an individual other than the defendant. Casarubias also provided a Mexican driver's license bearing the name Juan CasarubiasBarrera.
A review of the documents contained in the Alien Registration file for Casarubias determined that in March 2012, he was arrested by Immigration and Customs Enforcement (ICE) officers for being present without admission and possession of a fraudulent document. In September 2012, the defendant was convicted in the Western District of New York of fraud and misuse of document evidencing authorized stay in United States, and was ordered removed from the United States in October 2012. On November 2, 2012, Casarubias was deported to Mexico. In April 2013, the defendant was arrested by the United States Border Patrol in Douglas, Arizona, and convicted in the District of Arizona of illegal entry.
On May 10, 2013, Casarubias was once again deported from the United States. As a result, the defendant, a native and citizen of Mexico, has no valid immigration status and is illegally present in the United States.
The indictment is the result of an investigation by the New York State Police, under the direction of Major James Hall, and Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Director of Field Operations Thomas Feeley.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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