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27 August 2020
Fairfield Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — Antonio Tawan Bankhead, 32, of Fairfield, was sentenced Thursday by U.S. District Judge Troy L. Nunley to three years and 10 months in prison for being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
Bankhead was convicted of the same crime in Sacramento federal court in 2015. He violated his federal probation in that case when he committed this new offense.
According to court documents, on the evening of Oct. 11, 2019, police responded to the area of Laurel Creek Park to a report of a potential robbery involving three individuals, one of whom had a gun. As police arrived, Bankhead ignored commands to stop and began to walk away. As more police arrived and tried to cut off his path, Bankhead changed direction and started to sprint, climbing over a fence onto a baseball field. After a pursuit by officers and a police dog, Bankhead was caught in the bushes of a house across from the park, and a gun and phone he had been carrying were found on the baseball field, which was fenced in and closed to the public. The gun, a Glock Model 19 9 mm pistol, had a 30-round extended magazine, and was loaded with 30 live 9 mm rounds and one round in the chamber. Bankhead cannot lawfully possess firearms or ammunition because he has previously been convicted of three felony offenses.
This case was the product of an investigation by the Fairfield Police Department with assistance from the FBI’s Solano County Violent Crimes Task Force and the Solano County District Attorney’s Office. Assistant U.S. Attorney Christopher S. Hales prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Fairbault Man Charged with Illegally Possessing A FirearmRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging ANDREW ALBERT COMEAUX, 37, with one count of possession of a firearm by a felon. COMEAUX, who is in custody on state charges in Rice County, made his first appearance today before Magistrate Judge Becky R. Thorson, in U.S District Court in St. Paul, Minnesota. A detention and arraignment hearing is currently scheduled for August 31, 2020, at 3:00 pm.
According to allegations in the indictment and documents filed with the court, on June 15, 2020, multiple law enforcement agencies executed a search warrant at COMEAUX’s residence. During the search, law enforcement found a .22 caliber rifle and a Mosin-Nagant 7.62x54R caliber rifle. Because COMEAUX has a prior felony conviction in Le Sueur County and multiple prior felony convictions in Blue Earth County, he is prohibited under federal law from possessing firearms or ammunition at any time.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, and Firearms, the South Central Drug Task Force, the Cannon River Drug Task Force, Rice and Steel County Sheriff’s Offices, the Faribault and Owatonna Police Departments, Metro SWAT, and the St. Paul Bomb Squad, with coordination from the Rice County Attorney’s Office. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state, and local law enforcement to combat violent crime. This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.
Assistant U.S. Attorney Alexander D. Chiquoine is prosecuting the case.
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defendant Information:
ANDREW ALBERT COMEAUX, 37
Fairbault, Minn.
Charges:
- Felon in possession of a firearm, 1 count
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Dupree Man Indicted on Cattle Conversion ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Dupree, South Dakota, man has been indicted by a federal grand jury for Conversion of Mortgaged or Pledged Property.
Daris William LaPlante, age 51, was indicted on August 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 25, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is five years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between October 19, 2016, and December 27, 2019, LaPlante, with intent to defraud, did knowingly sell cattle mortgaged and pledged by LaPlante to the Farm Service Agency, an agency within the U.S. Department of Agriculture, without the permission and consent of the Farm Service Agency, having a value over $1,000. LaPlante sold these cattle at several auction houses throughout South Dakota and kept the proceeds for himself.
The charge is merely an accusation and LaPlante is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Department of Agriculture, Office of Inspector General. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
LaPlante was released on bond pending trial. A trial date has not been set.
Driving Park man charged with dealing fentanyl that resulted in overdose deathRead the Press Release
COLUMBUS, Ohio – A federal grand jury has charged Diamondo Valdez Butler, 39, of Columbus, with dealing fentanyl that resulted in an overdose death. Butler was arrested last night by authorities with the DEA and Gahanna Division of Police.
According to the indictment, on April 1, 2020, Butler distributed fentanyl that resulted in the death of a Gahanna man.
Butler, also known as “Yellow,” allegedly sold $70 worth of fentanyl to a friend of the deceased at a gas station on Cleveland Ave. The friend and the deceased traveled to the gas station together and each contributed $35 towards the purchase. The fentanyl was divided half to the deceased and half to the friend. The deceased used the fentanyl at his home in Gahanna and was discovered unresponsive the next morning. The coroner’s report indicates the cause of death was fentanyl intoxication.
Butler allegedly distributed fentanyl multiple other times in April and August.
He is charged in a nine-count indictment that was returned on Aug. 25.
“Fentanyl trafficking is like playing Russian Roulette,” said U.S. Attorney David M. DeVillers. Any given dose can kill someone, and if it does, that trafficker will face a minimum of 20 years in prison.”
Distributing narcotics that result in death or serious bodily injury is a federal crime punishable by 20 years up to life in prison.
“These charges are a reminder of the lethality of fentanyl,” said DEA Special Agent in Charge Keith Martin. “The DEA continues to prioritize investigating drug dealing that results in death.”
David M. DeVillers, United States Attorney for the Southern District of Ohio; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); and Gahanna Division of Police Chief Jeffrey Spence announced the charges. Assistant United States Attorney Timothy D. Prichard is representing the United States in this case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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Dominican National Pleads Guilty to Unlawful Re-Entry Following Alleged Involvement in Overdose DeathRead the Press Release
BOSTON – A Dominican national pleaded guilty today to unlawful re-entry of a deported alien. After reentering the United States within months of being removed, the defendant was charged with a heroin-related offense and was in possession of a phone that had been used in a drug transaction with an individual who died of an apparent overdose.
Joel Perez Matos, 35, who resided in Boston, pleaded guilty to unlawfully re-entering the United States after being deported. Perez Matos will be sentenced by U.S. District Court Judge Indira Talwani on Nov. 19, 2020. He has been detained since his arrest in April 2020 and will be subject to deportation following his sentence.
Perez Matos unlawfully re-entered the United States after being deported in December 2019. He had previously been removed in February 2016, and had unlawfully returned to the United States later that year.
On March 22, 2020, within a few months of having been removed from the United States, Perez Matos was arrested by local law enforcement in Stow and charged with a heroin-related offense. At the time of his arrest, Perez Matos was in possession of a cell phone that had been used the previous day to set up a drug transaction with a Massachusetts resident. On March 22, 2020, that resident died of an apparent drug overdose. When arrested, Perez Matos presented police with an out-of-state driver’s license in a fake name.
Perez Matos faces a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Todd Lyons, Field Office Director, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Boston, made the announcement today. The Stow Police Department also provided valuable assistance. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, is prosecuting the case.
Defendant Sentenced to One Year in Prison in Public Corruption CaseRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced today that Chief United States District Judge Kristi K. DuBose sentenced defendant James Antuan Blackman, 33, of Mobile, Alabama, to imprisonment for one year and one day for theft concerning programs receiving federal funds and money laundering. As part of the sentence, the judge ordered that Blackman undergo three years of supervised release after finishing his term of imprisonment, pay a $200 mandatory special assessment, and pay $200,000 in restitution to the City of Prichard.
On December 18, 2019, a federal grand jury for the Southern District of Alabama returned an 18-count indictment against Blackman, charging him with theft concerning programs receiving federal funds, wire fraud, and money laundering. On February 19, 2020, Blackman pleaded guilty before the Court to one count of theft concerning programs receiving federal funds and one count of money laundering.
Blackman admitted to the following facts as part of his guilty plea. From around November 2016 to around January 16, 2018, Blackman was the Chief of Staff and Administrative Assistant to the Mayor of Prichard, Alabama. In that position, Blackman was an agent of the City of Prichard, Alabama, a local government that received over $10,000 under a federal program involving federal assistance during each year material to the indictment. From around November 2016 to around January 2018, Blackman used his position with the City of Prichard to enrich himself by diverting to his personal benefit approximately $200,000 in money and property belonging to the City of Prichard. Blackman enriched himself in several ways. He falsified invoices to the City of Prichard. He took and deposited for himself checks payable to the City of Prichard, and checks payable to other entities in the care, custody and control of the City of Prichard. Blackman also used his position with the City of Prichard to divert ownership of real property located on Outlaw Road, Herndon Avenue, and Stoval Street from the City of Prichard for his personal benefit. Finally, Blackman laundered money by causing a wire transfer of approximately $39,200.36 in criminal proceeds to be sent from a Regions Bank account that he controlled to a title company to facilitate the purchase of real property.
The Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation investigated the case with assistance from the Investigations Team of the Mobile County District Attorney’s Office. Assistant United States Attorneys George Martin and Sinan Kalayoglu prosecuted the case.
Dayton man sentenced to prison for role in Texas-to-Ohio heroin distribution ringRead the Press Release
DAYTON – Gene Talley, 48 of Dayton, was sentenced in U.S. District Court in Dayton today to to 100 months in prison as the lead defendant in a Texas-to-Ohio heroin operation. He pleaded guilty in February to conspiring to distribute more than 100 grams of heroin.
According to court documents, beginning in or about 2007, Talley met with another individual in Austin, Texas who agreed to provide controlled substances, including heroin, to Talley for distribution in the Southern District of Ohio.
As part of the scheme, Talley arranged for other individuals to collect the drugs and bring them to Ohio, and sent money back to the supplier through couriers. On three occasions, law enforcement intercepted the money, including: approximately $99,000 seized by police in Austin, Texas in December 2012; approximately $230,000 seized by police in Chicago in June 2015; and approximately $240,000 seized by police in Winfield, Texas. The seized money was Talley’s payment for multiple kilograms of heroin.
Four others charged as part of the scheme include Brianna Reid, Adriauna Smith, Syreeta Scruggs and Kenneth Patterson.
Congress sets the minimum and maximum statutory sentence. Sentencing of the defendant is determined by the Court based on the advisory sentencing guidelines and other statutory factors.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Bryant Jackson, Special Agent in Charge, Internal Revenue Service – Criminal Investigation (IRS-CI); Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA) and the DEA’s Drug Task Force announced the sentence imposed by U.S. District Judge Walter H. Rice. Assistant United States Attorneys Amy M. Smith and Andrew J. Hunt represented the United States in this case.
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Convicted Felon Is Sentenced to Seven Years for Illegally Possessing A FirearmRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Andrew Murray announced that Jamien Markee Marshall, 31, of Charlotte, was ordered to serve seven years in prison and three years of supervised release for illegally possessing a firearm. U.S. District Judge Max O. Cogburn Jr. handed down the sentence today, which included sentencing guideline enhancements for Marshall’s two prior armed robbery convictions and the obliterated serial number on the firearm.
According to filed court documents and the sentencing hearing, on March 26, 2019, Charlotte-Mecklenburg Police Department (CMPD) officers patrolling L.C. Coleman Park in Charlotte observed Marshall’s parked vehicle. When officers approached Marshall, who was sitting in the driver’s seat, Marshall informed the officers that there was a firearm in the vehicle. The officers observed the firearm in between the driver’s seat and the center console. Over the course of the investigation, officers determined that the firearm was loaded and the serial number had been rubbed off the gun. On March 2, 2020, Marshall pleaded guilty to possession of a firearm by a felon. Marshall has two prior Robbery with a Dangerous Weapon convictions in Mecklenburg County, and he is prohibited from possessing a firearm or ammunition.
Marshall is in federal custody. He will be transferred to the custody of the Federal Bureau of Prisons upon the designation of a federal facility.
The investigation was handled by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and CMPD. Assistant United States Attorney William Bozin, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Commercial Flooring Contractor Agrees to Plead Guilty to Bid RiggingRead the Press Release
Vortex Commercial Flooring Inc., a Chicago-area commercial flooring contractor, has been charged for its role in a long-running antitrust conspiracy to rig bids and fix prices for commercial flooring services and products sold in the United States, the Department of Justice announced.
Vortex has agreed to plead guilty and pay at least $1.4 million in fines and restitution for its role in the conspiracy and to cooperate in the Division’s ongoing investigation. This is the second corporate guilty plea in this investigation. Four flooring executives, including two from Vortex, have pleaded guilty as well.
According to a one-count superseding felony charge filed today in the U.S. District Court in Chicago, Vortex and its previously charged executives engaged in a conspiracy to suppress and eliminate competition in the commercial flooring market by agreeing with other individuals and companies to submit complementary bids so that the designated company would win the contract. Vortex participated in the conspiracy from at least as early as 2009 until at least June 2017.
“Vortex is the largest flooring corporation charged to date in the Justice Department’s ongoing investigation of Chicago-area commercial flooring contractors,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “The conduct cheated public institutions, including public schools, and the defendant has agreed to pay restitution to the victims. The Antitrust Division will continue its efforts to make whole victims of criminal conspiracies.”
“Vortex ultimately cheated innocent businesses and communities out of the competitive pricing necessary to complete flooring projects,” said Special Agent in Charge Emmerson Buie, Jr., FBI Chicago. “This charge exemplifies the FBI’s commitment to working with its government partners to hold contractors accountable when they attempt to profit at their community’s expense.”
A violation of the Sherman Act carries a statutory maximum penalty of a $100 million criminal fine for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
The charges are the result of an ongoing federal antitrust investigation into bid rigging, price fixing, and other anticompetitive conduct in the commercial flooring industry being conducted by the Antitrust Division’s Chicago Office and the FBI’s Chicago Field Division. Anyone with information on bid rigging, price fixing, or other anticompetitive conduct related to the commercial flooring industry should contact the Antitrust Division’s Chicago Office at 312-984-7200 or visit www.justice.gov/atr/contact/newcase.html.
Child Sex Tourist Sentenced to 15 Years in Federal Prison for Child Pornography and Child Exploitation CrimesRead the Press Release
Spokane – William D. Hyslop, United States Attorney for the Eastern District of Washington, announced that Dennis Michael Hogan, age 60, of Deer Park, Washington, was sentenced today to a 15-year term of imprisonment for Online Enticement of a Minor Girl to Engage in Production of Child Pornography and Attempted Illicit Sexual Conduct in Foreign Places. Following Hogan’s guilty plea on February 18, 2020, United States District Judge Rosanna Malouf Peterson sentenced him at the top of the proposed range, to be followed by a lifetime of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, Hogan repeatedly used social media accounts and the Internet to reach out to minor girls in the Philippines. His minor victims ranged in age from 12 to 17, and each victim told Hogan how old she was. Hogan offered his victims as little as $19 for extremely graphic sexual images that the girls took of themselves and one another to send to him. Hogan also sent child pornography to his minor victims to groom them and show them the kinds of images he liked.
As Judge Peterson noted, Hogan’s conduct far exceeded producing and collecting child pornography. The Court found that in addition to the online recruitment of minor victims, Hogan repeatedly traveled to the Philippines and engaged in illicit sexual conduct with his minor victims. He made painstakingly detailed arrangements of date, time, hotel, city, and how to avoid having his victims’ identifications checked by the hotels to verify their ages. Seven minor victims were identified in the case, but based on Hogan’s online communications, there may have been many more.
Federal child exploitation investigators from Homeland Security Investigations (“HSI”) learned about Hogan’s conduct through the CyberTip Program, when Facebook alerted law enforcement to the transfer of Hogan’s child pornography images. HSI executed a federal search warrant at Hogan’s home in Deer Park and seized numerous devices and communications.
But even after HSI raided his home, Hogan continued to engage in sexual communications with at least one minor female in the Philippines. HSI agents learned that the Federal Bureau of Investigation (“FBI”) in Minnesota had identified Hogan as a target in a completely independent investigation into sexual abuse of minor Filipina girls. HSI and FBI worked closely to coordinate the parallel investigations. From the evidence in the separate FBI case, HSI investigators learned that one of Hogan’s victims even sent him an image of her birth certificate to prove that she was a minor. HSI agents also saw that after the raid, Hogan specifically instructed his minor victim to engage in live sex chats online, because Facebook had informed law enforcement when he previously received images and videos of child pornography.
United States Attorney Hyslop said, “It is a priority of the United States Attorney’s Office to protect all children, not just American kids or those who live in Eastern Washington. The Internet has largely erased state, national, and international boundaries when it comes to adults who seek out children for sex. If predators in the Eastern District use the Internet to abuse children anywhere, they should know that federal agents are actively looking for them. We are deeply committed to investigating, prosecuting, and stopping child sexual abuse, including child sex tourism, to the fullest extent possible. The lengthy sentence imposed today sends a strong message that this conduct will not be tolerated, wherever the victims happen to live. I commend the outstanding investigative efforts by the Spokane Office of HSI, and the unwavering support and resources of the FBI, the Philippine National Police, the United States Embassy in Manila, and the United States Consulate in Cebu City. This was truly a global case that brought together the best of American investigatory resources and relied on national and international cooperation to protect children.”
“Today’s sentencing of Dennis Hogan makes it very clear, we will not tolerate child exploitation and those who perpetrate crimes against children,” Acting Special Agent in Charge of Homeland Security Investigations Seattle Eben Roberts said. “We work with our local, national and international partners to investigate and prosecute these crimes by using every available resource to pursue the guilty and protect the innocent.”
This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case was investigated by the Spokane Office of HSI, and Special Agents Rodney Weekes (Ret.) and Shannon Hart in cooperation with the Federal Bureau of Investigation. This case was prosecuted by David M. Herzog, an Assistant United States Attorney for the Eastern District of Washington.
Career Criminal Sentenced to 15 Years in Prison for Methamphetamine TraffickingRead the Press Release
Gulfport, Miss – Elbert James Carter, 38, of Bay St. Louis, was sentenced today by Senior U.S. District Judge Louis Guirola, Jr. to 180 months in prison, followed by 5 years of supervised release, for possession with intent to distribute methamphetamine, announced U.S. Attorney Mike Hurst and Special Agent in Charge Brad Byerley with the Drug Enforcement Administration (DEA). Judge Guirola also ordered Carter to pay a $3,500 fine.
Beginning in late 2017, DEA agents received information that Carter was involved in distributing methamphetamine in the McClain, Mississippi area. On June 21, 2018, an individual purchased 54.9 grams of methamphetamine from Carter for $1,000. The DEA Crime lab determined that the methamphetamine was 100% pure. On July 11, 2018, an individual purchased methamphetamine from Carter for $1,000. The DEA crime lab determined the methamphetamine weighed 52.5 grams and was 98% pure.
Carter was charged in a federal criminal indictment and pled guilty to possession with intent to distribute methamphetamine before Judge Guirola on January 28, 2020. Carter has two prior felony drug convictions and was sentenced as a career offender.
The case was investigated by the DEA and prosecuted by Assistant United States Attorney Shundral H. Cole.
Canadian Woman Found Guilty of Trafficking CocaineRead the Press Release
United States Attorney Ron Parsons announced that Bethlehem Shah, age 22, of Winnipeg, Manitoba, Canada, was found guilty of Conspiracy to Distribute Cocaine as a result of a federal jury trial in Rapid City, South Dakota. The verdict was returned on August 21, 2020.
The charges carry a minimum of at least 10 years and not more than life imprisonment and/or a $10,000,000 fine, at least 5 years up to life supervised release, a $100 assessment to the Federal Crime Victims Fund, and restitution.
Shah was indicted by a federal grand jury on August 14, 2018.
On August 1, 2018, a co-conspirator was stopped by a South Dakota Highway Patrol Trooper, near Spearfish, South Dakota. During a search of the vehicle, the Trooper located approximately 40 kilograms, or 88 pounds, of cocaine. Defendant Shah was set to meet the co-conspirator in Fargo, North Dakota, where Shah would pick up the cocaine and transport it across the border into Canada. Through a series of consensually recorded phone calls to Shah by the co-conspirator and law enforcement, Shah then traveled to Spearfish believing she was going to pick up the cocaine. Instead, Shah was arrested.
“I want to congratulate the South Dakota Highway Patrol, the DEA, and the entire UNET team for this significant interdiction, investigation, and conviction,” said U.S. Attorney Parsons. “As drug trafficking networks continue to become more brazen and sophisticated, all of our law enforcement agencies are joining together to meet the challenge.”
This case was investigated by the Drug Enforcement Agency, the South Dakota Highway Patrol, and the local Unified Narcotics Enforcement Team. Assistant U.S. Attorneys Gina Nelson and Megan Poppen prosecuted the case.
A presentence investigation was ordered and a sentencing date is pending. The defendant was remanded to the custody of the U.S. Marshals Service.
California Mother and Son Arrested for Operating A $5 Million Mortgage Modification FraudRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and Philip R. Bartlett, Inspector-in-Charge of the New York Office of the United States Postal Inspection Service (“USPIS”), announced today that EVA CHRISTINE RODRIGUEZ and SERGIO LORENZO RODRIGUEZ, mother and son, of Orange County, California, were arrested and charged with wire fraud offenses in connection with a fraudulent foreclosure rescue scheme that took in more than $5 million in prohibited advance fees from thousands of financially distressed homeowners.
Acting Manhattan U.S. Attorney Audrey Strauss said: “As alleged, Eva Christine Rodriguez and Sergio Lorenzo Rodriguez preyed on vulnerable homeowners at risk of foreclosure by making false and misleading promises that they knew they would not or could not keep. They allegedly continued to do so even after they were barred from the debt relief industry by a federal court in California. They now face serious criminal charges.”
USPIS Inspector-in-Charge Philip R. Bartlett said: “Loan Modification Scams are a cruel fraud targeting very desperate homeowners faced with losing their homes. While a loan modification may appear to be a lifeline, these scams often become a nightmare. This is allegedly what happened to victims who did business with Eva and Sergio Rodriguez. Postal Inspectors remain on alert for fraud scams targeting consumers, bringing fraudsters to justice worldwide.”
According to the Complaint[1] unsealed today in Manhattan federal court:
From approximately March 2014 through April 2018, EVA CHRISTINE RODRIGUEZ and SERGIO LORENZO RODRIGUEZ (the “Defendants”) owned and/or managed a series of mortgage modification companies through which they perpetrated a scheme to defraud and attempt to defraud financially distressed consumers who were facing or were at imminent risk of foreclosure through deceptive marketing practices. Those companies were National Servicing Center, American Home Servicing Center, National Advocacy Center, National Advocacy Group, and Capital Home Advocacy Center (collectively, the “Companies”). Among other ways, the Defendants charged desperate homeowners thousands of dollars in prohibited advance fees by tricking them into believing that they had been pre-approved by their lender or servicer for a mortgage modification; falsely represented prohibited advance fees to be closing costs or other non-prohibited costs; fraudulently claimed that the Companies achieved success rates of 95 percent or higher for mortgage modifications; and made empty promises of a no-risk money back guarantee. As a result of their intentional misrepresentations, and misrepresentations that they encouraged their subordinates to make, the Defendants induced thousands of homeowners to pay an aggregate of more than $5 million in prohibited advance fees to the Companies, including a large number of consumers who were ultimately denied mortgage modifications or who received modification offers that were less favorable than they had been led to expect at the time they paid advance fees.
In February 2018, the Federal Trade Commission brought a civil lawsuit against EVA CHRISTINE RODRIGUEZ and SERGIO LORENZO RODRIGUEZ, among others, in federal court in Santa Ana, California. That civil action resulted first in a temporary restraining order and then a permanent injunction barring EVA CHRISTINE RODRIGUEZ and SERGIO LORENZO RODRIGUEZ from marketing and selling all debt relief products and services. As alleged in the Complaint, the Defendants flouted those judicial orders by having a relative create another mortgage modification company named 1st Premier Asset Solutions, which the Defendants operated using aliases and some of the same deceptive practices.
EVA CHRISTINE RODRIGUEZ and SERGIO LORENZO RODRIGUEZ will be presented in federal court in Santa Ana later today.
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EVA CHRISTINE RODRIGUEZ, 65, of Laguna Hills, California, and SERGIO LORENZO LAWRENCE, 46, of Laguna Niguel, California, are each charged with one count of conspiracy to commit wire fraud and one count of wire fraud. Each count carries a maximum sentence of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Ms. Strauss praised the investigative work of the USPIS and thanked the Federal Trade Commission and the United States Trustee for Region 5 for their assistance.
This case is being handled by the Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Sarah Lai is in charge of the prosecution.
If you believe you are a potential victim of this fraud, please contact Postal Inspector Brandy King-Gonzalez of the USPIS at [email protected], or (212) 330-5252.
The charges contained in the Complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations and every fact described should be treated as an allegation.
Bridger Man Charged with Sexual Abuse of a ChildRead the Press Release
United States Attorney Ron Parsons announced that a Bridger, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child, Sexual Abuse of a Minor, and Abusive Sexual Contact of a Child.
Bennett Belt, age 47, was indicted on August 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 25, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, a mandatory minimum of 5 years and up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on multiple instances between July 2003 and September 2017, in Ziebach County, South Dakota, Belt knowingly engaged in and attempted to engage in abusive sexual acts with minor victims.
The charges are merely accusations and Belt is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Belt was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Brandon Woman Charged with 16 Counts of Wire FraudRead the Press Release
United States Attorney Ron Parsons announced that a Brandon, South Dakota, woman has been indicted by a federal grand jury for Wire Fraud.
Sheila Verbrugge, age 50, was indicted on August 17, 2020. She appeared before U.S. Magistrate Judge Veronica L. Duffy on August 25, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and up to $1,600 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on beginning in approximately January 2010, and continuing through April 8, 2020, Verbrugge devised and intended to devise a scheme and artifice to defraud and to obtain money and property from others by means of false and fraudulent pretenses, representations, and promises, to unjustly enrich herself by obtaining fraudulent funds.
From approximately 2006 through on or about April 8, 2020, Verbrugge was the billing and payroll clerk for Blachowske Truck Line, Inc. (“Blachowske”), located in Brandon. In this capacity, her duties included managing Blachowske’s T-Chek account. T-Chek is a system used by Blachowske to pay for various job-related expenses incurred by Blachowske’s truck drivers, such as fuel and truck maintenance. Each week, T-Chek emailed an invoice to Blachowske for that week’s charges. Blachowske then paid the invoice electronically using an automated clearing house (“ACH”) payment.
On multiple occasions during the relevant time period, Verbrugge falsely and fraudulently issued T-Cheks payable to herself, deposited them into her personal bank account, and then used the funds for her own purposes. She disguised her theft by altering the weekly T-Chek report and deleting her name and location and replaced it with names of Blachowske truck drivers and locations she knew to be associated with those truck drivers. Because of the false information entered, Blachowske paid the T-Chek invoices.
The charges are merely accusations and Verbrugge is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Brandon Police Department. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Verbrugge was released on bond pending trial. A trial date has not been set.
Bloomingdale Township Highway Commissioner Charged in Federal Indictment with Pocketing KickbacksRead the Press Release
CHICAGO — The Commissioner of the Bloomingdale Township Road District received kickbacks from the owner of an excavation company in exchange for approving hundreds of thousands of dollars in invoices for purported road work, most of which was never performed, according to an indictment returned in federal court in Chicago.
The indictment accuses Commissioner ROBERT CZERNEK of receiving more than $280,000 in kickbacks from DEBRA FAZIO, the owner of Bloomingdale-based Bulldog Earth Movers Inc. (“BEM”), and MARIO GIANNINI, a BEM employee. In exchange for the secret kickbacks, Czernek used his official position to approve and cause the approval for payment of stone delivery, dump leveling, and storm sewer invoices submitted by BEM to Bloomingdale Township, the indictment states. Czernek approved the invoices knowing that much of the work and services had not actually been performed by BEM, the indictment states. The fraud scheme spanned eight years and resulted in Bloomingdale Township issuing checks totaling more than $700,000 to BEM, the indictment states.
The 20-count indictment was returned Wednesday. It charges Czernek, 69, Fazio, 63, and Giannini, 58, all of Bloomingdale, with 14 counts of honest services wire fraud. Fazio is also charged with six counts of money laundering. Arraignments in U.S. District Court in Chicago have not yet been scheduled.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. Valuable assistance was provided by the DuPage County State’s Attorney’s Office. The government is represented by Assistant U.S. Attorney Christopher V. Parente.
According to the indictment, Czernek would leave handwritten notes for Giannini hidden in various secluded places on Bloomingdale Township Highway Department property. The notes included a description of work purportedly performed by BEM and the number of hours that BEM purportedly spent on the work, the indictment states. Fazio would later submit invoices to Bloomingdale Township that repeated virtually verbatim the wording used by Czernek in the notes, the indictment states.
The indictment seeks forfeiture from the defendants of several items allegedly criminally derived from the charged offenses, including a 1981 Corvette and 2014 Lexus RX350 held by Czernek, and several pieces of large excavation equipment purchased by BEM during the scheme.
The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Each fraud count in the indictment is punishable by up to 20 years in prison, while the maximum sentence for each count of money laundering is ten years. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Sentencing Guidelines.
Baltimore Man Pleads Guilty to Federal Firearm and Armed Bank Robbery ChargesRead the Press Release
Baltimore, Maryland – David Gollahon, age 58, of Baltimore, Maryland, pleaded guilty today to the federal charges of armed bank robbery and brandishing of a firearm during a crime of violence.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Commissioner Michael Harrison of the Baltimore Police Department (BPD); and Chief Melissa R. Hyatt of the Baltimore County Police Department (BCPD).
According the his plea agreement, on January 23, 2019 and February 1, 2019, Gollahon and his co-Defendant Richard Tingler committed two armed bank robberies in Baltimore, Maryland and, in connection with both robberies, co-Defendant Richard Adams served as the getaway driver. During each of the robberies, Gollahon and Tingler each brandished a firearm and threatened victim bank employees.
Specifically, on January 23, 2019, Adams drove Tingler and Gollahon in a gray Hyundai Accent car to the area of the PNC Bank, located in Baltimore, Maryland. Tingler and Gollahon each had a firearm.
After entering the bank, Tingler, wearing a black ski mask, gray gloves, and a camouflage jacket, carrying a loaded black firearm and black leather duffle bag, and Gollahon, wearing a black ski mask and a gray hooded sweatshirt, carrying a loaded black firearm, told everyone to put their hands up. Tingler approached the victim teller, pointed his firearm at her and demanded $100 dollar bills and “loose bills” from the bottom drawer of the till. Meanwhile, Gollahon held the other bank employees and customers at gunpoint in the lobby area of the bank. He told the bank employees and customers, “don’t move.”
The victim teller complied with Tingler’s demand for cash and handed over $7,531.00 U.S. dollars. Tingler and Gollahon then fled the bank on foot. As they ran through a parking lot, they accidentally dropped $5,584 in cash. They then got into the gray Hyundai Accent car driven by Adams, and drove away
On February 1, 2019, Adams drove Tingler and Gollahon in a 2006 Chevy Monte Carlo to a M&T Bank, in Baltimore, Maryland. Tingler and Gollahon each had the same firearm they had used in connection with the January 23, 2019 robbery of the PNC Bank.
After entering the bank, Tingler, wearing a black beanie, gray gloves, and the same camouflage jacket, carrying a loaded black firearm, and Gollahon, wearing a dark colored hoodie, tan jacket colored jacket, and black gloves, carrying a loaded black firearm, approached the teller window. Tingler pointed his firearm at the teller, and demanded $100 bills. The victim teller complied and handed over cash from the till, but Tingler continued to demand more money. At the same time, Gollahon approached the teller line with his firearm pointed in the direction of the tellers and bank customers.
In response to the demands for more cash, the victim teller and a co-worker went to the bank’s vault and removed $40,000 in cash. They provided that cash to Tingler and Gollahon, who ultimately were given $43,802.00 in cash total. In addition to the cash, the victim teller also provided a GPS tracker, which was activated.
Tingler and Gollahon then fled the bank and got into the 2006 Chevy Monte Carlo driven by Adams. Adams drove the Monte Carlo away from the bank. Law enforcement received GPS information concerning the location of the GPS tracker taken from the bank, which they relayed to BPD.
BPD officers stopped the vehicle and, when the vehicle was stopped, the GPS tracker became stationary. Adams, Tingler, and Gollahon were ordered out of the vehicle and arrested. At the time of his arrest, Gollahon had the same firearm he used during the robbery on his person. All were transported to the BPD Citywide Robbery Office.
Law enforcement searched Adams’ 2006 Monte Carlo car and a blue backpack containing $43,802.00 in cash, the GPS tracker taken during the robbery, and the firearm carried by Tingler during both bank robberies.
Later that day, law enforcement searched Adams’ residence in Essex, Maryland and seized Gollahon’s gray hooded sweatshirt and the black leather duffel bag carried by Tingler during the January 23, 2019 robbery.
If the Court accepts the parties’ plea agreement, Gollahon will be sentenced to between 12 and 15 years imprisonment for armed bank robbery and for brandishing of a firearm during a crime of violence. 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. U.S. District Judge Deborah K. Chasanow has scheduled sentencing for December 10, 2020 at 9:30 a.m.
United States Attorney Robert K. Hur commended FBI, BPD, and BCPD for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Paul Riley and Daniel Loveland, Jr., who are prosecuting the case.
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Baltimore Man Pleads Guilty to Federal Drug Conspiracy ChargeRead the Press Release
Baltimore, Maryland – Donte Bennett, a/k/a Tay, age 27, of Baltimore, Maryland pleaded guilty today to participating in a drug conspiracy that operated in and around the Baltimore metropolitan area, distributing heroin, fentanyl, cocaine, and crack cocaine in Maryland and surrounding states.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration, Baltimore District Office; Chief Marcus Jones of the Montgomery County Police Department; and Commissioner Michael Harrison of the Baltimore Police Department.
“Donte Bennett was part of a supply chain that distributed opioids—including deadly fentanyl—throughout Maryland and in Virginia, West Virginia, and Pennsylvania,” said U.S. Attorney Robert K. Hur. “Bennett knew that the drugs he sold caused overdoses, but still distributed heroin/fentanyl to his own father—who died as a result. Drugs—especially opioids—are killing thousands of Marylanders a year. Federal, state, and local law enforcement are working together to reduce overdose deaths from fentanyl and from all opioids. Drug traffickers are on notice that dealing in fentanyl increases their odds of federal prosecution and federal time.”
According to his guilty plea, from October 2018 through at least January 2019, Bennett was a street-level distributor in a Drug Trafficking Organization (DTO) that distributed heroin, fentanyl, cocaine, and crack cocaine in Maryland, Virginia, West Virginia, and Pennsylvania. The DTO frequently sold over 100 grams of heroin mixed with fentanyl on a daily basis. Customers of the DTO believed they were purchasing heroin, but the DTO adulterated all heroin it sold with fentanyl. Bennett and other street-level distributors in the DTO worked in shifts to ensure continuous availability and shared phones they used to communicate with DTO leadership and customers.
As detailed in the plea agreement, Bennett and his co-conspirators were aware that the drugs they distributed caused overdoses. In fact, law enforcement overheard Bennett discussing with a member of the organization on one occasion how drug customers were falling asleep or passing out from using the DTO’s drugs. On November 10, 2018, Bennett sold approximately 7.5 grams of heroin/fentanyl to a drug distributor from Virginia. The drug distributor then gave a portion of this heroin/fentanyl to a customer, who shared a portion of the heroin/fentanyl with a second individual. The customer and the second individual both overdosed after using the heroin/fentanyl. They were administered Naloxone and admitted to a local hospital.
Bennett admitted that on November 18, 2018, he gave his father a user-sized quantity of heroin/fentanyl that he obtained from the DTO. Two days later, Bennett’s father died from an overdose resulting from a mixture of heroin and cocaine. Later that day, Bennett called a member of the DTO and reported that he believed his father died from the DTO’s drugs.
During the course of his participation in the conspiracy, Bennett distributed more than one kilogram of heroin.
Bennett faces a maximum of 20 years in federal prison for the drug distribution conspiracy. 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. U.S. District Judge Paul W. Grimm has scheduled sentencing January 19, 2020 at 10 a.m.
United States Attorney Robert K. Hur commended the FBI, the DEA, the Montgomery County and the Baltimore Police Department for their work in the investigation. Mr. Hur commended the U.S. Postal Inspection Service; the City of Rockville Police Department; the Baltimore County, Howard County, and Montgomery County Police Departments; the Frederick County Sheriff’s Office; the Maryland State Police; the West Virginia State Police; the Virginia State Police; the Warren County (VA) Sheriff’s Department; the Winchester (VA) and Front Royal (VA) Police Departments; and the Frederick County and Howard County State’s Attorney’s Offices. Mr. Hur thanked Assistant U.S. Attorneys Matthew DellaBetta and Michael Goldsticker, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
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Armed Career Criminal Pleads Guilty to Drug Distribution and Gun PossessionRead the Press Release
Memphis, TN – Devin Baker, 31, an armed career criminal, has pleaded guilty to possession of methamphetamine with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime. D. Michael Dunavant, U.S. Attorney announced the guilty plea today.
According to information presented in Court, on June 4, 2019, Memphis Police Department officers responded to an overdose death call on Shelby Oaks Drive. Upon their arrival, law enforcement determined that the Narcan used on K.P., was unsuccessful, and she died of an overdose of several drugs, including heroin and methamphetamine.
From June 5-11, 2019, detectives conducted surveillance and witnessed Baker selling drugs from a room at a local motel and conducted multiple hand to hand transactions. On June 11, 2019, Baker was stopped and searched, and had methamphetamine and marijuana in his pocket. After Baker was detained, detectives executed a search warrant on the motel room and recovered several guns, including a stolen gun, 22 pills, digital scales, and another bag of methamphetamine. Personal property belonging to Baker was also recovered, indicating he was living in the motel room.
After being taken into custody, Baker waived his Miranda rights and provided a written statement to detectives. Baker admitted to lodging at the local motel, confirming that the guns were in the room, that he sold drugs out of the room, and admitted to the hand to hand drug transactions.
As a result of his prior felony convictions, including aggravated kidnapping, aggravated robbery, aggravated burglary, possession of marijuana with intent to sell, and being a convicted felon in possession of a handgun, Baker is prohibited by federal law from possession of firearms or ammunition.
The defendant pled guilty on August 26, 2020, before U.S. District Court Judge John T. Fowlkes Jr. A sentencing hearing is scheduled on December 2, 2020, where Baker faces a sentence of up to 20 years for possession of methamphetamine with intent to distribute, and a mandatory minimum consecutive sentence of 5 years and up to a possibility of a life sentence for possessing a firearm in furtherance of a drug trafficking crime. There is no parole in the federal system.
U.S. Attorney Dunavant said, "This defendant’s prior conviction history demonstrates his disrespect for the law and his imminent danger to the public. Baker presented a triple threat of serious bodily injury and death: a prior violent convicted felon in possession of multiple firearms while distributing highly addictive and deadly substances on the streets. Career offender+guns+drugs=a federal conviction that will remove him from our community and save lives."
The Memphis Police Department’s Heroin Overdose Response Team (HORT) and Project Safe Neighborhoods Task Force investigated this case. The Project Safe Neighborhoods (PSN) initiative is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. In 2017, PSN was reinvigorated as part of the Justice Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Special Assistant U.S. Attorney Samuel D. Winnig is prosecuting this case on behalf of the government. SAUSA Winnig is currently assigned from the Shelby County District Attorney General’s Office for the purpose of prosecuting violent crimes and firearms offenses in federal court.
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Anderson County Husband and Wife Among Five Indicted on Child Sex Trafficking and Production of Child Pornography ChargesRead the Press Release
Greenville, South Carolina --- United States Attorney Peter M. McCoy, Jr., announced today that Gary Garland, Shannon Garland, Johnnie Wells, Michael Skelton, and Duwone Allen, all of Anderson, were arrested on a multi-count federal indictment charging violations of conspiracy to commit sex trafficking of a minor and production of child pornography.
“Child sex trafficking is one of the most offensive and reprehensible crimes possible,” said U.S. Attorney McCoy. “Sadly, many of the victims and offenders are hidden in plain sight. With support from our federal, state, and local partners, this office will find those who engage in all forms of human trafficking and bring them to justice. This includes those who patronize these victims. We will also continue to work with support groups here in our community to ensure these victims receive the services they need.”
“Sex trafficking is a form of modern-day slavery, and these cases are a top priority for HSI investigation,” said Special Agent in Charge of Homeland Security Investigations (HSI) Charlotte Ronnie Martinez. “HSI is committed to working with our law enforcement partners to find and prosecute criminal traffickers while ensuring the victims of these terrible crimes are rescued and get the care they need.”
“These are heinous allegations, and this case would not have been possible without the coordinated efforts of federal, state, and local law enforcement departments,” said U.S. Marshal Thomas M. Griffin, Jr. “Any crime against a child is horrific and the United States Marshals Service will utilize any and all available resources so we can bring these offenders to justice.”
The ten-count indictment alleges human trafficking and child pornography violations against the Defendants beginning last year in South Carolina. According to the indictment, the Defendants would advertise and transport at least two minors for the purpose of engaging in commercial sex acts, and the Garlands would produce visual depictions of the minors.
This case is being investigated by HSI, Immigration and Customs Enforcement, and the Anderson County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorneys Carrie Fisher Sherard and Winston Marosek of the Greenville office. The United States Marshals Service assisted in the arrest of the offenders.
U.S. Attorney McCoy stated that all charges in this case are merely allegations at this stage and that the defendant is presumed innocent unless and until proven guilty.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Alaska man charged federally with setting fire at Seattle Police East PrecinctRead the Press Release
(Seattle) - A 19-year-old Alaska man was charged with arson today for the fire he set Monday, August 24, 2020 at the Seattle Police Department’s East Precinct, announced U.S. Attorney Brian T. Moran. DESMOND DAVID-PITTS was arrested shortly after the fire following a Monday night protest march. DAVID-PITTS appeared today in U.S. District Court in Seattle.
“This is the fourth defendant to appear in federal court after being charged with criminal conduct that went far beyond any peaceful protest,” said U.S. Attorney Brian Moran. “Those who go to protest but choose violence and criminal acts over protected speech will face the full weight of federal criminal sanctions. This illegal conduct must end.”
“The intentional fire set Monday evening in an organized, pre-planned attack endangered the lives of our officers and our entire community. This was not a peaceful protest, or demonstration for equity, but an act of lawlessness. We are grateful our federal partners at the U.S. Attorney’s Office recognize the criminal nature of these acts and are holding those responsible accountable,” said Seattle Police Chief Carmen Best.
Deputy Chief Adrian Diaz promised to maintain the SPD’s federal partnerships as he takes command of the Department and added “We are hopeful that the federal charges now filed against Mr. David-Pitts will serve as a warning that crimes of violence will not be tolerated in Seattle.”
According to the criminal complaint, DAVID-PITTS had arrived in Seattle from Alaska just three days before Monday’s protest. After marching with the group in downtown Seattle, DAVID-PITTS is seen on surveillance video piling up trash against the sally-port door at the Seattle Police East Precinct. Over an eleven minute period the surveillance video captures DAVID-PITTS not only piling up the trash, but repeatedly lighting it on fire and feeding the flames with more trash. While DAVID-PITTS was lighting the fire, other people who appeared on the surveillance were attempting to use crowbars and cement-like materials to try to disable the door next to the sally-port to prevent officers from exiting the building. At various times DAVID-PITTS appeared to be communicating with the others. Despite efforts to disable the door, officers were able to get outside and extinguish the flames. A similarly equipped group set a second fire around the corner from the DAVID-PITTS arson, and DAVID-PITTS was seen on surveillance working with the others to cut through a chain-link fence that was a barrier around the building. The second fire was extinguished by Seattle Police Officers and members of the Seattle Fire Department.
DAVID-PITTS was identified less than an hour later in the crowd outside the precinct because of the distinctive pink camouflage trousers he was wearing. He was arrested without incident.
Three people have already been charged with federal crimes in connection to civil unrest:
- On July 15, Isaiah Thomas Willoughby was charged with arson in connection with a fire set at the East Precinct.
- On June 11, Margaret Aislinn Channon was charged with arson for setting five Seattle Police vehicles on fire.
- On June 10, Devinare Antwan Parker was charged with possessing a destructive device for bringing an improvised firearm to a protest.
Arson is punishable by a mandatory minimum five years in prison and up to twenty years in prison.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Seattle Police Department.
The case is being prosecuted by Assistant United States Attorney Todd Greenberg.
74 People Facing Federal Charges for Crimes Committed During Portland DemonstrationsRead the Press Release
U.S. Attorney Billy J. Williams announced today that 74 people are facing federal charges for crimes committed adjacent to or under the guise of peaceful demonstrations in Portland since at least May 29, 2020.
For more than 90 consecutive nights, Portland has been home to large demonstrations and protests against police use of force and anti-Black racism. On many nights, after peaceful demonstrations end, various public and private buildings have been the target of vandalism and destruction. Local, state, and federal law enforcement working to protect these buildings and ensure the safety of peaceful demonstrators have been subjected to threats and assaults from violent agitators while performing their duties.
“Violent agitators have hijacked any semblance of First Amendment protected activity, engaging in violent criminal acts and destruction of public safety,” said U.S. Attorney Williams. “The U.S. Attorney’s Office and our federal law enforcement partners are expeditiously working with local and state law enforcement to identify, arrest, and prosecute these individuals that are disrupting the rule of law in our communities and physically attacking our law enforcement officers and destroying property. Violent agitators not only delay real reform, but make our community less safe by keeping law enforcement from responding to other critical calls for service.”
“While the FBI supports and safeguards Constitutionally-protected activity and civil rights, there is no permit for assault, arson or property damage and these are not victimless crimes,” said Renn Cannon, Special Agent in Charge of the FBI in Oregon. “Among the victims of violent crime are business owners, residents and individuals exercising their First Amendment rights through protests or other legitimate forms of expression.”
“The nightly violence has to stop,” said Russel Burger, U.S. Marshal for the District of Oregon. “It is drowning out the voices of the many who are calling for change, and pulling police resources away from their primary mission of keeping this community safe. We must all come together to find a productive way to move forward.”
“As the nation’s primary source for fire investigative knowledge, ATF remains committed to investigating those responsible for committing arsons in our communities and holding them responsible for their illegal actions,” said ATF Special Agent in Charge Jonathan McPherson. “As a reminder, there is a mandatory minimum sentence of five years for arson. ATF takes these violent actions seriously and will work diligently to bring justice to the victims.”
“It is vitally important that all Americans have the ability to exercise their first amendment rights to freedom of speech,” said Acting Special Agent in Charge of Homeland Security Investigations Seattle Eben Roberts. “Unfortunately, much of what we’re seeing in Portland is the antithesis of that. Instead tragic events are being used as excuses for individuals with ill intent disguising themselves as activists to commit violent crimes against their communities and law enforcement officers. Progress can only be made if community leaders, law enforcement and the public come together in the name of social change, justice and peace.”
Since May 26, 2020, federal law enforcement authorities have arrested 100 people for crimes committed during local demonstrations. Seventy-four face federal charges, including felonies, misdemeanors, and citation violations. Crimes include assaults on federal officers, some resulting in serious injuries; arson and attempted arson; damaging federal government property; failing to obey lawful orders; and unlawful use of a drone; among others.
Charged defendants include:
- Edward Carubis, 24, is charged with assaulting a federal officer on July 1, 2020;
- Rowan Olsen, 19, is charged (photos available) with creating a hazard on federal property, disorderly conduct, and failing to obey a lawful order on July 2, 2020;
- Shant Singh Ahuja, 28, of Oceanside, California, is charged with destruction of federal property on July 4, 2020;
- Gretchen Blank, 29, of Seattle, Washington, is charged (photos available) with assaulting a federal officer on July 5, 2020;
- Andrew Faulkner, 24, is charged with assaulting a federal officer on July 5, 2020;
- Christopher Fellini, 31, is charged (photos available) with assaulting a federal officer on July 5, 2020;
- Theodore Matthee-O’Brien, 21, is charged with assaulting a federal officer on July 5, 2020;
- Cody Porter, 28, is charged with assaulting a federal officer on July 5, 2020;
- Taimane Teo, 24, of Eugene, Oregon, is charged with assaulting a federal officer on July 5, 2020;
- Benjamin Wood-Pavich, 21, is charged with assaulting a federal officer on July 5, 2020;
- Jacob Gaines, 23, a Texas resident, is charged (photos available) with assaulting a federal officer on July 11, 2020;
- Lillith Grin, 22, is charged with assaulting a federal officer on July 12, 2020;
- Benjamin Bolen, 36, is charged with assaulting a federal officer on July 13, 2020;
- Kevin Weier, 36, is charged with attempted arson on July 13, 2020;
- Wyatt Ash-Milby, 18, is charged with failing to obey a lawful order on July 21, 2020;
- Jerusalem Callahan, 24, is charged with damaging government property on July 21, 2020;
- Zachary Duffly, 45, is charged with creating a disturbance on July 21, 2020;
- Caleb Ehlers, 23, is charged with failing to obey a lawful order on July 21, 2020;
- Paul Furst, 22, is charged with failing to obey a lawful order on July 21, 2020;
- Jennifer Kristiansen, 38, is charged with assaulting a federal officer on July 21, 2020;
- Ella Miller, 26, is charged with failing to obey a lawful order on July 21, 2020;
- Marie Sager, 27, is charged with failing to obey a lawful order on July 21, 2020;
- Giovanni Bondurant, 19, is charged with assaulting a federal officer on July 22, 2020;
- Bailey Dreibelbis, 22, is charged with failing to obey a lawful order on July 21, 2020;
- Gabriel Huston, 22, is charged with assaulting a federal officer on July 22, 2020;
- Joseph Lagalo, 37, is charged with failing to obey a lawful order on July 22, 2020;
- Taylor Lemons, 32, is charged with assaulting a federal officer on July 22, 2020;
- Joseph Ybarra, 21, is charged with arson on July 22, 2020;
- David Hazan, 24, is charged with failing to obey a lawful order on July 23, 2020;
- Nicholas Kloiber, 26, is charged with failing to obey a lawful order on July 23, 2020;
- Cameron Knutson, 28, is charged with failing to obey a lawful order on July 23, 2020;
- Carly Ballard, 34, is charged with assaulting a federal officer on July 24, 2020;
- David Bouchard, 36, is charged with assaulting a federal officer on July 24, 2020;
- Dakota Eastman, 30, is charged with failing to obey a lawful order on July 24, 2020;
- Josslynn Kreutz, 28, is charged with failing to obey a lawful order on July 24, 2020;
- Ezra Meyers, 18, is charged with failing to obey a lawful order on July 24, 2020;
- Mark Rolycanov, 28, is charged with failing to obey a lawful order on July 24, 2020;
- Pablo Avvocato, 26, is charged with assaulting a federal officer on July 25, 2020;
- Douglas Dean, 34, is charged with assaulting a federal officer on July 25, 2020;
- Rebecca Mota Gonzales, 37, is charged with assaulting a federal officer on July 25, 2020;
- Thomas Johnson, 33, is charged with assaulting a federal officer on July 25, 2020;
- Richard Lindstedt, 33, is charged with violating national defense airspace on July 25, 2020;
- Nathan Onderdonk-Snow, 21, is charged with assaulting a federal officer on July 25, 2020;
- Stephen O’Donnell, 65, is charged with assaulting a federal officer on July 25, 2020;
- Joshua Webb, 22, is charged with assaulting a federal officer on July 25, 2020;
- Jeffree Cary, 30, is charged with assaulting a federal officer on July 26, 2020;
- John Tyler Gabriel, 22, is charged with assaulting a federal officer on July 26, 2020;
- Noelle Mandolfo, 30, is charged with assaulting a federal officer on July 26, 2020;
- Patrick Stafford, 35, is charged with assaulting a federal officer on July 26, 2020;
- Travis Williams, 27, is charged with assaulting a federal officer on July 26, 2020;
- Caleb Wills, 29, is charged with assaulting a federal officer on July 26, 2020;
- Brodie Storey, 28, is charged with assaulting a federal officer on July 27, 2020;
- Edward Schinzing, 32, is charged (photos available) with arson on July 28, 2020;
- James Hickerson, 54, is charged with failing to obey a lawful order on July 28, 2020;
- Ian Wolf, 26, is charged with failing to obey a lawful order and creating a hazard on federal property on July 28, 2020;
- Sabastian Dubar, 23, is charged with assaulting a federal officer on July 29, 2020;
- Jordan Johnson, 32, is charged with assaulting a federal officer on July 29, 2020;
- Evan Kriechbaum, 31, is charged with assaulting a federal officer on July 29, 2020;
- Christine Margaux, 28, is charged with assaulting a federal officer on July 29, 2020;
- Gabriel Agard-Berryhill, 18, is charged (video available) with arson on July 30, 2020;
- Isaiah Maza, 18, is charged (photos available) with assaulting a federal officer on July 31, 2020;
- Dakotah Horton, 24, is charged (photos available) with assaulting a federal officer on August 17, 2020; and
- Dakota Means, 20, is charged with assaulting a federal officer on August 24, 2020.
Eleven others have been issued citation violations. All defendants, unless noted, are presumed to be local residents.
Several of the charges being used to prosecute violent agitators carry significant maximum prison sentences. For example, felony assault of a federal officer with a dangerous weapon is punishable by up to 20 years in prison. Arson is punishable by up to 20 years in prison with a mandatory minimum sentence of five years.
It is important to note that while some federal charges require crimes be committed on federal property, others do not. Violent acts committed throughout the city of Portland under the guise of peaceful protest are being evaluated by local federal prosecutors for prosecution.
These cases are being investigated by the FBI; U.S. Marshals Service; Bureau of Alcohol, Tobacco, Firearms, and Explosives; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and Federal Protective Service. They are being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
Indictments, complaints, and informations are only accusations of a crime, and defendants are presumed innocent unless and until proven guilty.
To help identify actors who are actively instigating violence in the city of Portland, the FBI is accepting tips and digital media depicting violent encounters during demonstrations. If you have witnessed unlawful violent actions, we urge you to submit any information, photos, or videos that could be relevant to investigations at fbi.gov/PDViolence.
Specifically, the FBI is assisting partner agencies by asking for the public’s help in identifying individuals who participated in or may have been a witness to criminal activity at the following locations:
- Near or inside the Multnomah County Justice Center in downtown Portland on the night of May 29, 2020 or into the morning of May 30, 2020. Details here: Justice Center
- Near the Chase Bank branch located at 811 SW 6th Avenue, Portland, Oregon, shortly before 1 a.m. on May 30, 2020. Details here: Chase Bank
Tips can be submitted by calling 1-800-CALL-FBI (1-800-225-5324) or (503) 224-4181. They can also be submitted online by visiting: tips.fbi.gov.
28 Charged in Cartel Money Laundering SchemeRead the Press Release
A Mexican cartel boss and 27 coconspirators have been charged with laundering more than $10 million in drug proceeds through a local clothing retailer, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
In a 38-count superseding indictment unsealed today, a federal grand jury charged 28 individuals connected to Cartel Jalisco Nueva Generacion – one of Mexico’s most violent and powerful drug cartels – with conspiracy to launder monetary instruments and other financial, drug, and gun crimes, including conspiracy to distribute methamphetamine, conspiracy to distribute heroin, and possession of a firearm by an undocumented alien.
“Drug cartels like CJNG wreak havoc across the globe, driving the spread of deadly drugs like meth and heroin,” said U.S. Attorney Nealy Cox. “We’re committed to tracking the money and disrupting these organizations by attacking their bottom line. By striking both the money and the drugs, we can more effectively impact the organization.”
“Addiction to drugs has many different faces. In this instance, the addiction to money and greed has met its consequence”, said Eduardo A. Chávez, Special Agent in Charge of the DEA Dallas Field Division. “Despite CJNG’s efforts to disguise their illegal activities into our North Texas communities, the DEA will seek to starve it of every last drug dollar and achieve justice for all those involved.”
According to court documents, Jose Valdovinos Jimenez, a plaza boss who goes by “La Roca” or “The Rock,” allegedly conspired with his codefendants to smuggle hundreds of kilograms of methamphetamine and heroin across the Mexican border, distribute the drugs within the United States, launder the proceeds, and then transfer the money back to CJNG leaders.
In order to insulate himself from law enforcement activity and limit losses from law enforcement raids, Mr. Jimenez and other leaders of CJNG implemented a compartmentalized infrastructure, relying on couriers to smuggle the drugs across the border, recrystallization laboratories to purify drugs for sale, fortified stash houses to store the drugs before distribution, and a multi-level dealer network to handle the cash.
At Mr. Jimenez’s direction, mid- and upper-level dealers transported drug proceeds to Yoli’s Western Wear, a clothing retailer located on Buckner Boulevard in Dallas. The 23-year-old manager of Yoli’s, Ivan Noe Valerio, and his family members then counted the money and separated it into thousands of transactions, sending it through a money remitter back to CJNG in Mexico.
An indictment is merely an allegation of criminal conduct, not evidence. Defendants are presumed innocent unless and until proven guilty in a court of law.
If convicted, Mr. Jimenez and Mr. Valero face life in federal prison.
Other defendants charged in the scheme include:
- Teodoro Valerio Perez (Valerio’s father)
- Yolanda Mercado Valerio (Valerio’s mother)
- Iris Yaneli Valerio (Valerio’s sister)
- Laurentino DelaCruz, aka “Tino,” (alleged meth dealer)
- Carlo LNU, aka “Gordo,” (alleged wire transactions handler)
- Jesus Manuel Juarez Aguilar, aka “Chucho,” (alleged wire transactions handler)
- Cuauhtemoc Gonzalez Del Rio (alleged wire transactions handler)
- Jonathan Rene Jacobo Mata
- Oscar Mario Flores Daza
- Antonio Pena, Jr.
- Eduardo Galdean Gress (alleged stash house distributor)
- Lorenzo Piedra Chavez (alleged heroin dealer)
- Blanca Flor Hernandez
- Aniano Chavez Avila (alleged stash house distributor)
- Raul Ceja Barajas (alleged laboratory operator)
- Alejandro Garcia Lopez (alleged laboratory operator)
- Joel Guillermo Torres (alleged drug courier)
- Roberto Macias (alleged stash house distributor)
- Alexander Alvarez (alleged stash house distributor)
- Edgar Eduardo Vicente Miranda (alleged meth dealer)
- Manuel Garcia Gomez (alleged laboratory operator)
- Jorge Humberto Larios Velazco (alleged laboratory operator)
- Arthur Ernest Rubalcaba (alleged stash house distributor)
- Jose Alfredo Penalozo Perdomo
- Carlos Michael Hernandez (alleged meth dealer)
- Hobedt Moreno (alleged meth dealer)
During the course of this investigation, agents seized approximately 700 kilograms of methamphetamine, approximately 80 kilograms of heroin, and approximately $500,000 in drug proceeds. Dozens of the charged defendants have already been arrested.
The U.S. Drug Enforcement Administration’s Dallas Field Division, the Texas Department of Public Security, the U.S. Marshals Service, and ICE Enforcement & Removal Operations conducted the investigation with the assistance of the Midlothian Police Department and Ellis County Sheriff’s Office. Assistant U.S. Attorneys PJ Meitl and Travis Elder are prosecuting the case.
21 Year-Old Convicted Felon Facing Federal Firearms Charges After Shooting of Teenager Last WeekRead the Press Release
NASHVILLE, Tenn. – August 27, 2020 – Gievanne Courtlyn Ashley, 21, of Nashville, was charged Tuesday with two counts of being a convicted felon in possession of a firearm, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
The charges stem from a shooting investigation, which occurred on August 20th in the 1300 block of Westchester Drive in Nashville, in which a 17 year-old was shot in the abdomen with an AR-style rifle. According to the criminal complaint, when Metropolitan Nashville Police Department (MNPD) responded to this incident, witnesses identified the shooter as Ashley, who had fled the scene. MNPD officers knew at the time that Ashley was wanted on a probation violation warrant.
Subsequent investigation by MNPD on August 24, led officers to a house on Herman Street, where Ashley was found by SWAT officers hiding in a bedroom closet and was arrested. During a search of the premises, officers located a loaded .40 caliber Glock under the cushion of a chair in the living room. Based on further interviews, MNPD officers obtained a search warrant for an apartment on Alameda Street in Nashville and recovered a loaded .32 caliber Long revolver; a Ruger AR-5.56 mm caliber rifle with 30 rounds in the magazine; an additional 5.56 mm magazine loaded with 10 rounds; a Glock .40 caliber magazine loaded with seven rounds; and 12 additional rounds of .40 caliber ammunition.
Ashley has two prior felony convictions in the Criminal Court of Davidson County, including burglary of a motor vehicle and being a convicted felon in possession of a firearm. If convicted of the instant offenses, Ashley faces up to 10 years in prison on each count.
This case was investigated by the MNPD and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Andrew Notaristefano is prosecuting the case.
The charges are merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
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26 August 2020
West Saint Paul Man Sentenced to More Than Eight Years for Armed Robberies of Several Twin Cities Restaurants and Gas StationsRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of DELFONZO DENELL WALLACE, 30, to 97 months in prison. WALLACE, who pleaded guilty on February 27, 2020, to eight counts of interference with commerce by robbery, known as the Hobbs Act, was sentenced yesterday before Senior U.S. District Judge Ann Montgomery in U.S. District Court in Minneapolis, Minnesota. As part of the defendant’s guilty plea and documents filed in court, WALLACE agreed, under the Mandatory Victim Restitution Act, to make restitution to these businesses, as well as to three other business that were robbed between April and September 2019.
“The defendant was responsible for a string of robberies throughout the metro that terrorized employees, business owners, and the surrounding neighborhoods,” said U.S. Attorney Erica H. MacDonald. “This case is another example of Minnesota's strong law enforcement partnerships and our commitment to the fight against violent crime.”
"Solving crime like this violent robbery spree is and always will be a top priority for the FBI," said Michael Paul, acting special agent in charge of the FBI's Minneapolis field office. "The lengthy sentence for this defendant should remind those who violently prey on our communities that the FBI and law enforcement partners will not tolerate dangerous behavior and violent perpetrators will be brought to justice."
"Our thoughts are with the victims today as this sentencing is made," said ATF Special Agent in Charge Terry Henderson, of the St. Paul Field Division. "Armed robbery is a terrifying experience that no one should ever have to go through. Our hope is that this sentencing can bring some healing to those affected by these criminal acts. We're lucky to work with great law enforcement partners who did a tremendous job in investigating these violent crimes."
According to the defendant’s guilty plea and documents filed in court, between June 14, 2019, and October 10, 2019, WALLACE, while armed with a dangerous weapon that appeared to be a firearm, robbed, in violation of the Hobbs Act, eight separate Twin Cities businesses that were engaged in interstate commerce, including Starbucks, Speedway, Wendy’s, Shuang Hur Supermarket, McDonald’s, and Spitz restaurant. During the robberies, WALLACE used actual and threatened force, violence, and fear of injury against victim employees to steal over $20,000 cash belonging to the businesses and employees.
This case is the result of an investigation conducted by the FBI, ATF, the Minneapolis Police Department, the Saint Paul Police Department, the Saint Louis Park Police Department, and the West Saint Paul Police Department. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state, and local law enforcement to combat violent crime.
Assistant United States Attorney Benjamin Bejar prosecuted the case.
Defendant Information:
DELFONZO DENELL WALLACE, 30
West St. Paul, Minn.
Convicted:
- Interference with commerce by robbery (Hobbs Act), 8 counts
Sentenced:
- 97 months in prison
- Restitution of $20,868.23 to businesses for 11 robberies
- 3 years of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Watertown Man Charged with Receipt, Distribution, and Transportation of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Watertown, South Dakota, man has been indicted by a federal grand jury for Receipt and Distribution of Child Pornography and Transportation of Child Pornography.
Vincent Michael Perez, age 35, was indicted on August 17, 2020. He appeared before U.S. Magistrate Judge William D. Gerdes on August 21, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 years in federal prison and/or a $250,000 fine, life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between August 7, 2019, and August 17, 2019, Perez knowingly received and distributed, and attempted to receive and distribute child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including a computer.
The Indictment also alleges that between August 7, 2019, and August 30, 2019, Perez knowingly transported child pornography using the internet, and uploaded graphic image and video files depicting one or more minors engaged in sexually explicit conduct into his Dropbox account with his e-mail address.
The charges are merely accusations and Perez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Watertown Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Perez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Watertown Man Charged with Receipt, Distribution, and Transportation of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Watertown, South Dakota, man has been indicted by a federal grand jury for Receipt and Distribution of Child Pornography and Transportation of Child Pornography.
Derek Michael Mason, age 19, was indicted on August 17, 2020. He appeared before U.S. Magistrate Judge William D. Gerdes on August 21, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between May 1, 2017, and May 5, 2020, Mason knowingly received and distributed, and attempted to receive and distribute child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including a computer.
The Indictment also alleges that between October 14, 2019, and May 5, 2020, Mason knowingly transported child pornography using the internet, and uploaded graphic image and video files depicting one or more minors engaged in sexually explicit conduct into his Dropbox account with his e-mail address.
The charges are merely accusations and Mason is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Mason was released on bond pending trial. A trial date has not been set.
U.S. Department of Justice Confirms Federal Civil Rights Investigation into Shooting of Mr. Jacob BlakeRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, and Eric S. Dreiband, Assistant Attorney General for the Civil Rights Division of the Department of Justice, confirmed this evening that, as indicated in a press conference held earlier today by Wisconsin Attorney General Josh Kaul and Kenosha County District Attorney Michael D. Graveley, a federal investigation has been opened into the shooting of Jacob Blake by an officer of the Kenosha (Wisconsin) Police Department. The investigation will be conducted by the Federal Bureau of Investigation, in cooperation with the Wisconsin Division of Criminal Investigation and other state authorities, and will be overseen by prosecutors from the U.S. Attorney’s Office and the Criminal Section of the Civil Rights Division. The federal investigation will run parallel to, and share information with, state authorities to the extent permissible under law.
Federal authorities are committed to investigating this matter as thoroughly and efficiently as possible. Along with Attorney General Kaul and District Attorney Graveley, United States Attorney Krueger and Assistant Attorney General Dreiband urged all members of the community to allow the investigation processes to develop all available evidence before rendering judgment. They also encouraged everyone to act peacefully and abide by the law.
Federal law enforcement is joined with state and local authorities to address further violence in Kenosha and beyond. Federal law imposes stiff penalties for arson, rioting, firearms offenses, and other violent crimes, which United States Attorney Krueger pledged to prosecute to the fullest extent possible.
If individuals have firsthand information to report regarding the shooting of Mr. Blake, they should contact FBI Milwaukee at (414) 276-4684.
For further information contact: Public Information Officer Kenneth Gales (414) 297-1700.
U.S. Attorney Wrigley Announces the Arrest of a Belcourt, ND, Man for Malicious Mischief (Destruction of the Turtle Mountain State Bank)Read the Press Release
FARGO—United States Attorney Drew Wrigley announced that a federal grand jury has indicted Travis Crissler, age 39, Belcourt, ND, for felony Malicious Mischief. The Indictment was unsealed today, alleging that on April 29, 2020, Crissler drove his vehicle through the doors of the Turtle Mountain State Bank, in Belcourt, ND. Crissler is then alleged to have tied a set of chains to a second door of the bank, secured the chains to the front of his vehicle, and then backed-up his vehicle in an attempt to tear the door structure away from the bank. The attacks caused extensive damage to the bank structure.
"These acts of violence and destruction will not be ignored," said United States Attorney Drew Wrigley, "and we will work to ensure that businesses operate free from threats, intimidation, and destruction."
Grand jury Indictments are allegations and are not evidence of guilt. The defendant is presumed innocent unless and until he is proven guilt beyond a reasonable doubt at trial.
This case is being investigated by the Bureau of Indian Affairs (BIA), and the case is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Dawn M. Dietz assigned to the case.
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Two Men Charged in Federal Court with Looting Pharmacies in ChicagoRead the Press Release
CHICAGO — Two men have been charged in federal court with looting three pharmacies in Chicago.
WILLIAM LORENZ, 40, of Chicago, and IVAN BERMUDEZ, 42, of Chicago, are each charged with one count of conspiracy to commit burglary involving a controlled substance. Bermudez was arrested Tuesday. He is scheduled to make an initial court appearance today at 2:30 p.m. before U.S. Magistrate Judge Sheila M. Finnegan. Lorenz was arrested Monday and has already made his initial appearance.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Robert J. Bell, Special Agent-in-Charge of the Chicago Field Division of the DEA; and David Brown, Superintendent of the Chicago Police Department. The FBI Chicago Field Office provided valuable assistance. The government is represented by Assistant U.S. Attorneys Andrew C. Erskine and Shy Jackson.
“Anyone involved in destructive behavior in Chicago – such as looting a pharmacy for controlled substances – should know that federal law enforcement could be coming for you,” said U.S. Attorney Lausch. “Our office will continue to work with the DEA, Chicago Police Department, and other law enforcement partners to hold looters accountable in federal court, whenever appropriate.”
“The theft of controlled substance medication from pharmacies results in temporary or permanent closures, disrupting the supply of life-saving medications to the residents of Chicago,” said DEA SAC Bell. “With this, the diversion of stolen controlled medications is a federal crime, puts more drugs on the street and increases the public’s risk of drug abuse, addiction and overdose.”
According to a criminal complaint filed in federal court, Lorenz and Bermudez conspired to burglarize three Walgreens stores on the evening of May 31, 2020:
- 1627 N. Pulaski Rd. in Chicago’s Humboldt Park neighborhood.
- 3110 W. Armitage Ave. in Chicago’s Logan Square neighborhood.
- 4001 W. Irving Park Rd. in Chicago’s Old Irving Park neighborhood.
Each of the stores was closed at the time of the looting incidents due to civil unrest in the city. The complaint accuses Lorenz and Bermudez of entering the stores, proceeding to the pharmacy areas, and attempting to remove drugs from the shelves.
In the Old Irving Park incident, Lorenz attempted to access a pharmacy locker that contained Schedule II controlled substances, but he was unable to gain access, the complaint states. The incident occurred after a city of Chicago curfew took effect at 9:00 p.m. during the period of unrest, the complaint states. The two other lootings occurred earlier in the evening.
The public is reminded that a complaint is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The charge in the complaint is punishable by up to ten years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Two Individuals Charged in 23-Count Indictment Alleging Prescription Drug Kickbacks, Health Care Fraud, and Aggravated Identity TheftRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin announced that on August 25, 2020, a federal grand jury returned a twenty-three count indictment against David Guerrero (age: 41) of Milwaukee, Wisconsin, and Alexander Shister (age: 51) of Mequon, Wisconsin.
The indictment charges Guerrero and Shister with paying and receiving illegal kickbacks relating to the provision of items and services payable by federal health care programs. Specifically, the indictment alleges that Shister, who owned several pharmacies in the Milwaukee area, paid kickbacks to Guerrero, who worked at two Milwaukee clinics, in exchange for Guerrero routing prescriptions for compounded pain cream medication to Shister’s pharmacies. Shister's pharmacies then sought and received reimbursement from Medicare and Medicaid for filling these prescriptions. If convicted, the defendants face up to 5 years in prison for each count. The indictment also charges Guerrero with health care fraud, which carries a maximum penalty of up to 10 years in prison, and aggravated identity theft, which carries a mandatory minimum of 2 years in prison.
This case was investigated by the Federal Bureau of Investigation, the U.S. Department of Health and Human Services – Office of Inspector General, and the Wisconsin Department of Justice Medicaid Fraud Control and Elder Abuse Unit. It will be prosecuted by Assistant United States Attorneys Benjamin Proctor and Michael Carter.
An indictment is only a charge and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government must prove them guilty beyond a reasonable doubt.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Three Texans, One New Yorker Indicted for Conspiracy to Sell Sanctioned Iranian Petroleum to Refinery in China for Millions in ProfitRead the Press Release
Assistant Attorney General for National Security John C. Demers and U.S. Attorney for the Eastern District of Pennsylvania William M. McSwain announced that the following defendants were indicted on charges of conspiracy, violating the International Emergency Economic Powers Act (IEEPA), and money laundering conspiracy based on their attempt to transact in sanctioned Iranian petroleum:
- Nicholas Hovan, 34, of New York, NY;
- Zhenyu Wang, aka “Bill Wang,” 39, of Dallas, TX;
- Robert Thwaites, 30, of Dallas, TX; and
- Daniel Ray Lane, 39, of McKinney, TX.
“The defendants in this case allegedly conspired to sell Iranian petroleum to a Chinese refinery in order to enrich themselves at the expense of the US Iran sanctions regime,” said Assistant Attorney General Demers. “The defendants devised a scheme to use front companies, bribes, and false contractual documents in order to conceal their brazenly illicit activity. We will continue to leverage all of our tools to detect and prevent individuals such as these from engaging in actions that would have harmed the national security of this nation.”
“It doesn’t get much lower than attempting to get rich by flouting the United States’ national security interests,” said U.S. Attorney McSwain. “The defendants here allegedly jeopardized the safety and security of the United States by scheming to get in bed with Iran and China. This type of conspiracy deserves the full condemnation of my office and it has it.”
The indictment alleges that from May 2019 to February 2020, the defendants conspired in Philadelphia and elsewhere to arrange for the purchase of petroleum from the Islamic Republic of Iran, in violation of United States economic sanctions imposed on Iran, for sale to a refinery in the People’s Republic of China. They also allegedly conspired to launder the proceeds of the sale through shell entities and offshore financial accounts to disguise the nature of the transaction. The defendants are charged with conspiring to purchase sanctioned Iranian petroleum, to sell the petroleum to a Chinese refinery, to conceal the origin of the petroleum (including by bribing a Chinese official), and to obtain Antigua passports to open Swiss bank accounts through which the proceeds would be laundered.
In February 2020, the defendants were arrested pursuant to a criminal complaint. As previously reported, the defendants planned two shipments of oil per month going forward, all for an expected profit of roughly $28 million-per-month.
If convicted, the defendants face a maximum possible sentence of 45 years’ imprisonment, a $1.75 million fine, a three-year term of supervised release, and a $300 special assessment.
The case was investigated by the FBI and is being prosecuted by First Assistant U.S. Attorney Jennifer Arbittier Williams and Assistant U.S. Attorney Michael J. Rinaldi and in partnership with Trial Attorney David Recker of the Department of Justice’s National Security Division, Counterintelligence and Export Control Section.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty
Three Texans, One New Yorker Indicted for Conspiracy to Sell Sanctioned Iranian Petroleum to Refinery in China for Millions in ProfitRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain and Assistant Attorney General for National Security John C. Demers announced that the following defendants were indicted on charges of conspiracy, violating the International Emergency Economic Powers Act (“IEEPA”), and conspiracy to commit money laundering based on their attempt to transact in sanctioned Iranian petroleum:
- Nicholas Hovan, age 34, of New York, NY;
- Zhenyu Wang, a/k/a “Bill Wang,” age 39, of Dallas, TX;
- Robert Thwaites, age 30, of Dallas, TX; and
- Daniel Ray Lane, age 39, of McKinney, TX.
The Indictment alleges that from May 2019 to February 2020, the defendants conspired in Philadelphia and elsewhere to arrange for the purchase of petroleum from the Islamic Republic of Iran, in violation of United States economic sanctions imposed on Iran, for sale to a refinery in the People’s Republic of China. They also allegedly conspired to launder the proceeds of the sale through shell entities and offshore financial accounts to disguise the nature of the transaction. More specifically, the defendants are charged with conspiring to purchase sanctioned Iranian petroleum, to sell the petroleum to a Chinese refinery, to conceal the origin of the petroleum (including by bribing a Chinese official), and to obtain Antigua passports to open Swiss bank accounts through which the proceeds would be laundered.
In February 2020, the defendants were arrested pursuant to a criminal complaint. As previously reported, the defendants planned two shipments of oil per month going forward, all for an expected profit of roughly $28 million-per-month.
“It doesn’t get much lower than attempting to get rich by flouting the United States’ national security interests,” said U.S. Attorney McSwain. “The defendants here allegedly jeopardized the safety and security of the United States by scheming to get in bed with Iran and China. This type of conspiracy deserves the full condemnation of my Office -- and it has it.”
“The defendants in this case allegedly conspired to sell Iranian petroleum to a Chinese refinery in order to enrich themselves at the expense of the US Iran sanctions regime,” said Assistant Attorney General for National Security John C. Demers. “The defendants devised a scheme to use front companies, bribes, and false contractual documents in order to conceal their brazenly illicit activity. We will continue to leverage all of our tools to detect and prevent individuals such as these from engaging in actions that would have harmed the national security of this nation.”
If convicted, each defendant faces a maximum possible sentence of 45 years in prison, a $1.75 million fine, a three year term of supervised release, and a $300 special assessment.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by First Assistant U.S. Attorney Jennifer Arbittier Williams and Assistant U.S. Attorney Michael J. Rinaldi, in partnership with Trial Attorney David Recker of the Department of Justice’s National Security Division, Counterintelligence and Export Control Section.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Three Family Members Plead Guilty in Connection with Defrauding Veterans Health Care in the VillagesRead the Press Release
Ocala, Florida – Miller Wilson, Jr. (50, Sparr), his daughter, Myoshi Wilson (26, Citra), and Erica Wilson (43, Ocala) have each pleaded guilty for their roles a scheme to defraud the U.S. Department of Veterans Affairs health care benefits.
Miller Wilson, Jr. pleaded guilty today to conspiracy to commit health care fraud and wire fraud and solicitation and receipt of a health care kickback. He faces a maximum sentence of 5 years’ imprisonment for the conspiracy charge, and up to 10 years in federal prison for the kickback offense. On March 5, 2020, Erica Wilson pleaded guilty to conspiracy to commit health care fraud and wire fraud. She faces a maximum sentence of 5 years’ imprisonment. Myoshi Wilson had pleaded guilty on February 18, 2020, to making false statements to law enforcement. She faces a maximum sentence of 5 years’ imprisonment. All three defendants will be sentenced on October 6, 2020.
According to court documents, Miller Wilson, Jr. was an employee at the Department of Veterans Affairs (“VA”) Clinic located in The Villages, Florida. As part of his employment, he provided transportation arrangements for veterans needing medical treatment. From 2014 through 2016, Miller Wilson, Jr. obtained cash kickbacks from the transportation vendors in exchange for awarding them health care contracts from the VA. Thereafter, from 2016-2017, Miller Wilson, Jr. conspired with Erica and Myoshi Wilson to open and manage two different transportation companies to conduct similar schemes. Miller Wilson, Jr. used his official position at the VA to funnel health care contracts to the companies that he had formed with Erica and Myoshi Wilson. During a 17-month period, the two companies billed the federal government $305,673. Myoshi Wilson admitted to making false statements to a federal agent in 2019, to conceal the conspiracy.
This case was investigated by the U.S. Department of Veterans Affairs, Office of Inspector General. It is being prosecuted by Assistant United States Attorney Michael P. Felicetta.
Thornburg Man Charged with Robbery of Coraopolis Convenience StoreRead the Press Release
PITTSBURGH, PA - A suburban Pittsburgh resident has been indicted by a federal grand jury in Pittsburgh on a charge of robbery under the federal Hobbs Act statute, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Tyler Rutherford, age 34, of Pittsburgh, PA (Thornburg).
According to the Indictment, on April 28, 2020, the defendant robbed the Rossi’s Market convenience store in Coraopolis, PA, by means of actual and threatened force and violence, and stole $440 cash from the cash register.
The law provides for a maximum total sentence of 20 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Rebecca L. Silinski is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Robinson Township Police Department conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Takedown Dismantles Poly-Drug Network Operating in Kanawha and Fayette CountiesRead the Press Release
CHARLESTON, W.Va. - United States Attorney Mike Stuart today announced the takedown of a drug trafficking organization (DTO) responsible for distributing meth, heroin and marijuana in Kanawha and Fayette Counties. The takedown is the result of a long-term investigation, dubbed “Second Wave,” led by the Federal Bureau of Investigation (FBI) and the Central West Virginia Drug Task Force (CWVDTF). A federal grand jury returned two indictments charging 12 individuals in connection with their roles in the DTO.
“Meth. Heroin. Marijuana. The takedown of this network of drug dealers is another major victory for the people of West Virginia,” said United States Attorney Mike Stuart. “Long-term targets. Long-term problems. A drug trafficking organization that was fueling terrible addiction, pain, chaos and despair is now shut down. The people of Kanawha and Fayette counties are certainly safer as a result of today’s arrests. I commend our many federal, state and local law enforcement partners for their remarkable work in this long-term investigation. I am proud of our law enforcement leadership at every level throughout West Virginia but I want to specifically thank the men and women that serve on the front lines of law enforcement across this great state. Taking down a major drug trafficking organization is difficult and dangerous work. My hat is off to each of you. I pray for your safety each night. Thank you for your commitment to the people of West Virginia and the Rule of Law. This is another great day for the people of West Virginia.”
“The group of people arrested today have been a menace in our communities for too long,” said FBI Pittsburgh Special Agent in Charge Michael Christman. “Today’s takedown sends a strong message to not only this community, but other drug organizations who think they can do business here. The FBI and our law enforcement partners will not tolerate this activity. Operations like this are made more difficult without strong partnerships, and I commend the joint efforts by the ATF, U.S. Postal Inspection Service, Central WV Drug Task Force and MDENT."
Charged in a six count indictment are Jason Michael Terrell, 36, of Mount Carbon; Larry Terrence Martin, 31, of Charleston; Carol Belton, 61, of Montgomery; Steven Matthew Bumpus, 31, of Charleston; Jimmy Lee Coleman, 34, of Gauley Bridge; Roger Jarea Drake, 31, of Charleston; Rashawn Akmed Miller, 36, of Columbus, Ohio; William Lee Patton, 62, of Montgomery; Craig Edward Redman, 41, of Kimberly; Tonya Nichole Simerly, 35, of Montgomery; and Ronald Lee Thomas, III, 28, of Charleston. The indictment charges Terrell, Martin, Belton, Coleman, Drake, Miller, Patton and Redman with conspiring to distribute methamphetamine from July 2019 to August 2020. The indictment further charges Bumpus, Simerly and Thomas with various drug trafficking crimes carried out in connection with the DTO.
Earlier this week, defendant Larry Martin’s sister, Brandi Martin, was sentenced in federal court to 188 months in prison for possession with intent to distribute methamphetamine.
In a separate indictment, Gregory Eugene Woods, 43, of St. Albans, was charged with possession with intent to distribute a quantity of cocaine. Two additional defendants, Sammy Joe Fragale, Sr., also known as Joe, and Sammy Joe Fragale, Jr., also known as Bubby, were arrested on a federal criminal complaint for conspiracy to distribute methamphetamine.
The investigation was conducted by the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Postal Inspection Service (USPIS), the Central West Virginia Drug Task Force (CWVDTF) and the Metropolitan Drug Enforcement Network Team (MDENT), with assistance from the CSX Transportation Police Department. The Drug Enforcement Administration (DEA) conducted the investigation of the Fragales. Assistant United States Attorney Joshua C. Hanks is handling the prosecution.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
Please note: An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00154, 2:20-cr-00153 and 2:20-mj-00119.
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Statement by Department of Justice Spokesperson Kerri Kupec on the Execution of Lezmond MitchellRead the Press Release
Department of Justice Spokesperson Kerri Kupec has issued the following statement:
“Today, Lezmond Mitchell was executed at U.S. Penitentiary Terre Haute in accordance with the capital sentence imposed by the U.S. District Court for the District of Arizona in 2003. Mitchell was pronounced dead at 6:29 EDT by the Vigo County Coroner.
In October 2001, Mitchell murdered Alyce Slim, a 63-year-old grandmother, and her nine-year-old granddaughter as part of a carjacking in Arizona. After getting a ride from Slim in her pickup truck, Mitchell and an accomplice stabbed her 33 times and threw her body into the backseat beside her granddaughter. Mitchell then drove the truck deep into the mountains, ordered the girl out of the truck “to lay down and die,” slit her throat twice, and crushed her head with rocks. Mitchell and his accomplice proceeded to dismember and bury the victims’ bodies and burn their clothes. He later confessed to the murders and led law enforcement to the victims’ remains. In May 2003, a federal jury found Mitchell guilty of numerous federal crimes — including first-degree murder, felony murder, and carjacking resulting in death — and recommended a sentence of death, which the district court imposed. His convictions and sentence were affirmed on appeal, and his claims for collateral relief were denied by every court that considered them.
Nearly 19 years after Lezmond Mitchell brutally ended the lives of two people, destroying the lives of many others, justice finally has been served. In attendance at the execution this evening were representatives of the victims’ families as well as the father of the nine-year-old girl that Mitchell murdered. Those family members, who are members of the Navajo Nation, have stated on the record that they supported implementation of the sentence returned by the jury and imposed by the court for Mitchell's horrific federal crimes.”
St. Francis Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Charles Cordier, III, age 21, was indicted on January 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 19, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 5, 2019, in Rosebud, South Dakota, Cordier did forcibly assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, and that such conduct involved the use of a dangerous weapon.
The charge is merely an accusation and Cordier is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Cordier was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Six arrested, charged in multi-state narcotics conspiracy responsible for supplying fentanyl & cocaine to DaytonRead the Press Release
DAYTON – Two brothers originally from Dayton and four others were arrested in North Carolina today for their alleged participation in a narcotics conspiracy responsible for distributing bulk amounts of fentanyl and cocaine to Dayton.
Law enforcement authorities have seized narcotics, cash, and firearms from the drug trafficking organization on multiple occasions – including fentanyl, cocaine, cash and firearms seized from a search warrant executed at 1454 Ruskin Road on Nov. 4, 2019. It was during the execution of this search warrant that Dayton Detective and DEA Task Force Officer Detective Jorge Del Rio was shot and killed. The Organized Crime Drug Enforcement Task Force investigation was later named “Operation Never Forget.”
“This indictment alleges the group of men charged were responsible for providing local dealers with thousands of doses of fentanyl and cocaine,” said U.S. Attorney David M. DeVillers. “The U.S. Attorney’s Office will not rest until we have traced every source of drug supply and held accountable every individual involved in this alleged conspiracy.”
According to the indictment, from 2014 through August 2020, members of the conspiracy acquired bulk amounts of cocaine and fentanyl from suppliers in Los Angeles and Houston. The co-conspirators transported the cocaine and fentanyl to Charlotte, N.C., where they processed and repackaged the cocaine and fentanyl for resale in southern Ohio and North Carolina.
Local distributors in southern Ohio allegedly purchased kilogram quantities of the cocaine and fentanyl for resale, and thousands of unit dosages of the drugs were distributed throughout southern Ohio.
The indictment further alleges that the members of the conspiracy collected hundreds of thousands of dollars in narcotics proceeds. The Government seeks to forfeit more than $686,000 in cash seized during the investigation.
The defendants are all charged with conspiracy to possess with the intent to distribute and to distribute cocaine and fentanyl. Those charged include:
Name
Also Known As
Age
City of Residence
Roger Earl Walton, Jr.
Mike
41
Concord, N.C. (formerly of Dayton)
Shawn Dwayne Walton
Swoop
46
Charlotte, N.C. (formerly of Dayton)
Noah Alexander Sherrill
704 Noah
33
Charlotte, N.C. (formerly of Dayton)
Rauland Pollard, III
Saki, Sockey
35
Dayton
Glynn Sewell
Frezzy
39
Charlotte, N.C. (formerly of Dayton)
Louis Walton
22
Charlotte, N.C.
If convicted, the defendants face at least 10 years and up to life in prison.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Roland Herndon, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Dayton Police Chief Richard S. Biehl announced the charges.
The case is the result of the cooperative efforts of the DEA, led by the Dayton Resident Office and including DEA offices in Charlotte, N.C., Greensboro, N.C., Beaumont, Texas, Cincinnati, Detroit, Houston, Atlanta, Annandale, Va., and the Special Operations Division; as well as FBI and ATF. These federal agencies worked closely with the Dayton, Charlotte-Mecklenburg and Beaumont police departments, and the Central Oklahoma Metro Interdiction Team (COMIT).
Assistant United States Attorneys Elizabeth R. Rabe and Amy M. Smith are representing the United States in this case.
An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.
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Second Government Contracting Executive Pleads Guilty to Bribery Conspiracy Involving PBGC ContractsRead the Press Release
A second executive from a federal contracting firm pleaded guilty to a bribery conspiracy involving his business partner and a senior contracting official with the Pension Benefit Guaranty Corporation.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, Acting Inspector General Nicholas J. Novak of the Pension Benefit Guaranty Corporation (PBGC), and Assistant Director in Charge Timothy R. Slater of the FBI’s Washington Field Office made the announcement.
James N. Girardi, 39, of Reston, Virginia, the chief operating officer of a government contracting firm, pleaded guilty to one-count of conspiracy to bribe a public official before U.S. District Judge Anthony J. Trenga of the Eastern District of Virginia. Previously, on May 4, 2020, Jeffrey B. Donahue, the PBGC’s former Director of Procurement, and Nadeem Ansari, the president and chief executive officer of Girardi’s firm, pleaded guilty to similar offenses. Sentencing for Donahue and Ansari is scheduled for Sept. 11, 2020; sentencing for Girardi is scheduled for Jan. 6, 2021.
According to court documents, Donahue served as a supervisory contract administrator with PBGC and then as director of the Procurement Department from March 2014 to February 2020. From at least 2015 through August 2017, Donahue solicited and received cash payments and other things of value, including the promise of a job valued at $1 million, from Ansari and with Girardi’s knowledge and agreement. In exchange, Donahue agreed to steer PBGC contracts to Ansari and Girardi’s company.
In 2015, Donahue approached Ansari and offered to help Ansari and Girardi’s new company win a PBGC contract, worth approximately $55 million, in exchange for a future job with the company. Among other things, Donahue provided Ansari with sample bid proposals; helped draft, review, and edit the company’s bid proposal; and disclosed labor pricing estimates. When the company did not win the contract, Donahue helped Ansari draft the company’s bid protest. Girardi admitted he was aware of Ansari’s arrangement with Donahue.
In 2016, Donahue proposed a second arrangement with Ansari in which Donahue would receive up to $125,000 from Ansari and his company in exchange for steering a contract to Ansari and Girardi’s company. Girardi was also aware of this arrangement with Donahue. The PBGC awarded the contract to Ansari and Girardi’s company, which resulted in payments to the company totaling approximately $3.29 million. Donahue steered the contract by, among other things, providing sensitive, non-public information and work product to Ansari; providing guidance for contract pricing; and adjusting the terms of the contract to align with the qualifications of the company’s personnel. Donahue received at least $48,000 in cash, plus additional gifts. Donahue and Ansari also took steps to conceal the scheme and their communications with each other, including using separate, dedicated cellular telephones and e-mail accounts and communicating through encrypted software.
The PBGC Office of Inspector General and the FBI investigated the case. Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Grace L. Hill of the Eastern District of Virginia are prosecuting the case.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Savage Man Pleads Guilty to Arson of Dakota County Government BuildingRead the Press Release
United States Attorney Erica H. MacDonald today announced the guilty plea of FORNANDOUS CORTEZ HENDERSON, 32, to one count of aiding and abetting arson. HENDERSON entered his plea today before Judge Susan Richard Nelson, in U.S. District Court, in St. Paul, Minnesota. HENDERSON’s sentencing hearing will be scheduled at a later date.
According to HENDERSON’s guilty plea and documents filed with the court, HENDERSON and GARRETT PATRICK ZIEGLER[1] (co-defendant) constructed multiple Molotov cocktails. In the early morning hours of May 29, 2020, HENDERSON and the co-defendant went to the Dakota County Western Service Center (the ''WSC") located at 14955 Galaxie Avenue in Apple Valley, Minnesota. The WSC houses state and local agencies and organizations, including Dakota County court facilities, as well as a U.S. Passport center. Using baseball bats, HENDERSON and the co-defendant broke multiple windows at the WSC and threw in multiple, lit Molotov cocktails. Some of these devices successfully ignited and caused fire damage to the WSC.
According to HENDERSON’s guilty plea and documents filed with the court, HENDERSON and the co-defendant also started and attempted to start other fires at the WSC by pouring ignitable liquids and throwing unlit Molotov cocktails in and around the broken windows, then attempting to start the fluids on fire.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Apple Valley Police Department, and the Dakota County Sheriff’s Office, with assistance from the Dakota County Attorney’s Office.
This case is being prosecuted by Assistant U.S. Attorneys Alexander D. Chiquoine and Chelsea A. Walcker.
Defendant Information:
FORNANDOUS CORTEZ HENDERSON, 32
Savage, Minn.
Convicted:
- Aiding and abetting arson, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
[1] The charges against co-defendant Garrett Patrick Ziegler are accusations, and he is presumed innocent unless and until proven guilty.
San Jose Man Pleads Guilty to Damaging Cisco’s NetworkRead the Press Release
SAN JOSE – Sudhish Kasaba Ramesh pleaded guilty in federal court in San Jose today to intentionally accessing a protected computer without authorization and recklessly causing damage, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John L. Bennett.
According to the plea agreement, Ramesh admitted to intentionally accessing Cisco Systems’ cloud infrastructure that was hosted by Amazon Web Services without Cisco’s permission on September 24, 2018. Ramesh worked for Cisco and resigned in approximately April 2018. During his unauthorized access, Ramesh admitted that he deployed a code from his Google Cloud Project account that resulted in the deletion of 456 virtual machines for Cisco’s WebEx Teams application, which provided video meetings, video messaging, file sharing, and other collaboration tools. He further admitted that he acted recklessly in deploying the code, and consciously disregarded the substantial risk that his conduct could harm to Cisco. As a result of Ramesh’s conduct, over 16,000 WebEx Teams accounts were shut down for up to two weeks, and caused Cisco to spend approximately $1,400,000 in employee time to restore the damage to the application and refund over $1,000,000 to affected customers. No customer data was compromised as a result of the defendant’s conduct.
Ramesh, 30, of San Jose, California, was charged by Information on July 13, 2020. He was charged with one count of Intentionally Accessing a Protected Computer Without Authorization and Recklessly Causing Damage, in violation of 18 U.S.C. §§ 1030(a)(5)(B) and (c)(4)(A)(i)(I).
Under the plea agreement, Ramesh pled guilty to the sole count of the Information.
Ramesh is currently released on bond. Bail was set at $50,000.
Ramesh’s sentencing hearing is scheduled for December 9, 2020, before The Honorable Lucy H. Koh, U.S. District Court Judge, in San Jose. The maximum statutory penalty for the offense of Intentionally Accessing a Protected Computer Without Authorization and Recklessly Causing Damage, in violation of 18 U.S.C. §§ 1030(a)(5)(B) and (c)(4)(A)(i)(I), is 5 years imprisonment and a fine of $250,000. However, any sentence will 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.
Susan Knight is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Elise Etter. The prosecution is the result of an investigation by the Federal Bureau of Investigation. Cisco Systems, Inc. fully cooperated with the U.S. Attorney’s Office and Federal Bureau of Investigation.
Russian Citizen Charged in Marriage Fraud SchemeRead the Press Release
PITTSBURGH – A citizen of Russia, residing in West Mifflin, PA has been indicted by a federal grand jury in Pittsburgh, Pennsylvania on a charge of conspiracy to defraud the United States, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Ramil Kunakkulov, 32, as the sole defendant.
According to the Indictment, Kunakkulov entered in to a sham marriage with Jamie Lucille Mattocks, so that he could obtain permanent legal residence in the United States.
The law provides for a maximum total sentence of not more than five years in prison, a fine of not to exceed $250,000.00, and a term of supervised release of not more than 3 years, or a combination thereof. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Michael Leo Ivory is prosecuting this case on behalf of the government.
The Department of Homeland Security, Homeland Security Investigations conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty
Rochester Man Sentenced to 27 Years in Prison for Producing Child PornographyRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of ADAM LEE REITZ, 30, to 324 months in prison for producing child pornography. REITZ, who pleaded guilty on October 29, 2019, was sentenced earlier today before Judge Nancy E. Brasel in U.S. District Court in St. Paul, Minnesota. REITZ’s co-defendant SHAHLA MARIE THOMPSON, 28, pleaded guilty on July 13, 2020, to one count of receipt of child pornography.
“The sexual abuse of children is among the most abhorrent criminal acts,” said U.S. Attorney Erica MacDonald. “When it comes to protecting society’s most vulnerable, we will not relent. As demonstrated in today’s sentence, justice will be served.”
“Those who sexually exploit children do serious lasting harm, and the manufacture and trade of child pornography cruelly perpetuates this damage,” said Michael Paul, acting special agent in charge of the FBI’s Minneapolis field office. “The FBI and its partners are committed to finding such predators, locking them up, and ensuring those they've victimized are safe and well-supported.”
According to the defendant’s guilty plea and documents filed in court, on May 11, 2018, the National Center for Missing and Exploited Children (NCMEC) alerted the Rochester Police Department to an online communication between REITZ and THOMPSON appearing to contain a depiction of child pornography. Law enforcement searched the defendants’ electronic accounts and found multiple images depicting a minor victim engaged in sexually explicit conduct with an adult male. Based on distinctive tattoos, law enforcement was able to identify REITZ as the adult male in the video.
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 U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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.
If you know of any child who may have been a victim of exploitation, please call the National Center for Missing or Exploited Children (NCMEC) at 1-800-THE-LOST (1-800-843-5678) or visit NCMEC’s web site at www.missingkids.com.
This case was the result of an investigation conducted by the FBI and the Rochester Police Department.
Assistant U.S. Attorney Julie E. Allyn prosecuted the case.
Defendant Information:
ADAM LEE REITZ, 30
Rochester, Minn.
Convicted:
- Production of child pornography, 1 count
Sentenced:
- 324 months in prison
- 25 years of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Rochester Man Pleads Guilty to Drug and Gun ChargesRead 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 Freedom Lee, 26, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession with intent to distribute a controlled substance, and possession of a firearm in furtherance of drug trafficking. The charges carry a minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.
Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that at approximately 2:50 a.m. on April 22, 2019, Rochester Police Department officers conducted a traffic stop of a vehicle in the area of 1210 North Clinton Avenue in Rochester. The defendant was identified as the passenger in the vehicle. During the stop, police officers recovered from Lee approximately 54 vials of cocaine; approximately 192 yellow glassine bags containing a mixture of heroin and fentanyl; approximately 15 white glassine bags containing a mixture of heroin and fentanyl; a plastic bag containing a mixture of heroin and cocaine; five yellow glassine bags containing fentanyl; a 9mm semiautomatic pistol loaded with 18 rounds of ammunition; and $1,632 in United States currency, which represented proceeds from his drug sales.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. 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.
Sentencing is scheduled for December 4, 2020, at 2:00 p.m. before Judge Geraci.
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Rapid City Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Joseph Blue Bird, age 33, was indicted on August 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 20, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Blue Bird was convicted of Abusive Sexual Contact in February 2014. As a result of this conviction, he is required to register as a sex offender. It is alleged that between March 7, 2020, and May 6, 2020, Blue Bird, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely an accusation and Blue Bird is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and the Mobridge Police Department. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Blue Bird was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Project Parkersburg Update: Parkersburg Man Sentenced to 25 Years for Methamphetamine TraffickingRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced to federal prison today for his role in a large-scale, multi-state drug trafficking conspiracy, announced United States Attorney Mike Stuart. Terrence McGuirk, 51, was sentenced to 25 years in prison, followed by five years of supervised release, for conspiracy to distribute more than 500 grams of methamphetamine.
“Project Parkersburg was a game changer – it netted the largest meth bust in West Virginia history and resulted in more than a dozen defendants being prosecuted by my office,” said United States Attorney Mike Stuart. “McGuirk, the latest of the defendants to be sentenced, is now headed to a federal prison for 25 years. McGuirk is being held accountable. And, keep in mind, there is no parole in the federal system. Big time law enforcement operation. Big time results.”
McGuirk admitted distributing large quantities of methamphetamine to dealers operating in Parkersburg between July 2018 and the date of his arrest. He was arrested on September 19, 2018 in Dayton, Ohio where he had traveled to pick up his share of a shipment containing more than 120 pounds of methamphetamine. In his plea agreement, McGuirk admitted pooling his money with other co-defendants to purchase methamphetamine from a source in Phoenix, Arizona. McGuirk distributed quantities ranging from several grams up to multiple pounds at a time to dealers in Parkersburg, Clarksburg, and as far away as Florida. Agents executed several search warrants, including one at McGuirk’s mother’s residence in Kissimmee, Florida, where they seized more than $65,000 cash, which he admitted was the proceeds of drug trafficking.
In imposing the sentence, the court found that McGuirk was a leader and organizer of the conspiracy and that he had attempted to obstruct justice by threatening witnesses, and filing or threatening to file frivolous bar complaints against the prosecutor as well as his own attorneys and attorneys representing co-defendants.
McGuirk was prosecuted as part of Project Parkersburg – a major takedown and dismantling of a multi-state drug trafficking organization (DTO) responsible for distributing methamphetamine and heroin. Stuart commended the investigative efforts of the Federal Bureau of Investigation (FBI), the Parkersburg Police Department, the Dayton (Ohio) Police Department, and the Parkersburg Narcotics and Violent Crime Task Force. The long-term, joint investigation resulted in at least 29 individuals being charged in federal and state court and the seizure of 121 pounds of ICE methamphetamine, six kilograms of cocaine, 217 grams of heroin and 478 grams of fentanyl.
Of the defendants charged in federal court, Todd Land, Jeffrey Hoyler, Nicholas Easton, T.J. Gibson, Edward Marks, Amy Rake, Marshall Polan, Troy Pastorino, Michael Holley, and Amanda Atkinson have been sentenced. Aurelius Edmonds, Michael Rhodes and Antoine Terry await sentencing later this year. United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Joshua Hanks and Jeremy Wolfe are handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:18-cr-00225.
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Pittsburgh Woman Charged with Defrauding Two CompaniesRead the Press Release
PITTSBURGH - A resident of Pittsburgh, PA, has been indicted by a federal grand jury on charges of violating federal fraud laws, United States Attorney Scott W. Brady announced today.
The 12-count Indictment named Tracey Smith, 52, as the sole defendant.
According to the Indictment, Smith defrauded two different companies between January 2014 and March 2018. The Indictment alleges that Smith used company funds for personal expenses. The Indictment further alleges that Smith wired company funds to her personal bank account and attempted to conceal those transactions by accounting for them as payments to company vendors. The Indictment alleges that with respect to the first company, Smith used her company credit card to pay for personal expenses such as parochial school tuition, court fines, and automotive expenses. Smith was the company’s vice-president of finance at the time. The Indictment also alleges that after Smith’s position was terminated, she was hired by another company to be its Chief Financial Officer. Afterwards, Smith began to issue unauthorized payroll checks to herself. In order to conceal these payments, Smith recorded the checks as payments to the company’s vendors.
The law provides for a maximum total sentence of not more than 20 years in prison, a fine of no greater than $250,000.00, a term of supervised release no longer than three years, or a combination thereof. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Michael Leo Ivory is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pittsburgh Felon, 19, Charged with Illegally Possessing a FirearmRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania has been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
The two-count Indictment named Jerimyah Newton, 19, as the sole defendant.
According to the Indictment, on or about April 10, 2020, and again onMay 31, 2020, Newton possessed a firearm, after being convicted of a crime punishable by more than one year in prison. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.
The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. The defendant remains incarcerated pending the resolution of the case.
Assistant United States Attorney Jonathan D. Lusty is prosecuting this case on behalf of the government.
The Drug Enforcement Administration conducted the investigation leading to the Indictment in this case. The case was brought as part of Project Safe Neighborhoods. 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.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pittsburgh Felon Indicted on Drug and Gun ChargesRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotic and firearms laws, United States Attorney Scott W. Brady announced today.
The three-count Indictment, returned on August 18 and unsealed today, named Daimere Wilmer, age 27, as the sole defendant.
According to the Indictment, on March 13, 2020, Wilmer possessed a quantity of marijuana and possessed firearms and ammunition in furtherance of his drug trafficking. Wilmer is also a convicted felon, and as such cannot legally possess a firearm.
The law provides for a maximum total sentence of not less than 20 years in prison and up to life imprisonment, a fine of not more than $750,000, a term of supervised release of at least 3 years, or a combination thereof. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Nicole Vasquez Schmitt is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and the Pittsburgh Bureau of Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.