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Tuesday 7 July 2020
Department of Justice Awards $2.2 Million for Innovative Community Policing ProjectsRead the Press Release
LEXINGTON, Ky. – The Department of Justice today announced $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000.
In the Eastern District of Kentucky, the Kentucky Office of the Attorney General’s Human Trafficking Project received $100,000 in funding.
“The Kentucky Office of the Attorney General is a great partner to our Office, particularly in the areas of child exploitation and human trafficking,” said U.S. Attorney for Eastern District of Kentucky, Robert M. Duncan, Jr. “This funding will help KYOAG continue its important work in combatting human trafficking across the Commonwealth.””
“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” said Director Keith. “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”
CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:
- Human Trafficking
- Meeting Rural Law Enforcement Challenges
- Officer Safety and Wellness
- Recruitment, Hiring, and Retention
- School Safety
- Staffing and Allocation Studies
- Victim-Centered Approaches
- Violent Crime
- Youth Engagement
Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies are very much needed to improve police and community relations.
The complete list of awards can be found here https://cops.usdoj.gov/pdf/2020AwardDocs/cpdmicrogrants/Award_List.pdf. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Department of Justice Awards $2.2 Million for Innovative Community Policing ProjectsRead the Press Release
RALEIGH, N.C. – The Department of Justice today announced $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000.
In our State, the North Carolina Department of Public Safety will receive $99,850 for its Officer Safety and Wellness Project.
Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina commented: “The funds used to support North Carolina’s Officer Safety and Wellness Project couldn’t come at a more important time. As we work to ensure that our law enforcement is properly supported, officer safety and wellness is a critical part of that effort.”
“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” said Director Keith. “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”
CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:
- Human Trafficking
- Meeting Rural Law Enforcement Challenges
- Officer Safety and Wellness
- Recruitment, Hiring, and Retention
- School Safety
- Staffing and Allocation Studies
- Victim-Centered Approaches
- Violent Crime
- Youth Engagement
Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies are very much needed to improve police and community relations.
The complete list of awards can be found here https://cops.usdoj.gov/pdf/2020AwardDocs/cpdmicrogrants/Award_List.pdf. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
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.
Department of Justice Awards $2.2 Million for Innovative Community Policing ProjectsRead the Press Release
NEWARK, N.J. – The Department of Justice today announced $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000.
In the District of New Jersey, the state Department of Law and Public Safety is receiving a $34,350 grant for its Officer Safety and Wellness Program and Howell Township is receiving a $93,357 grant for its Youth Engagement Program.
“These funds will provide additional resources for the development of policing strategies that will improve the way law enforcement interacts with the people they are sworn to protect,” U.S. Attorney Carpenito said. “This comes at a crucial time, as we work to refine and enhance community policing strategies.”
“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” Director Keith said. “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”
CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:
- Human Trafficking
- Meeting Rural Law Enforcement Challenges
- Officer Safety and Wellness
- Recruitment, Hiring, and Retention
- School Safety
- Staffing and Allocation Studies
- Victim-Centered Approaches
- Violent Crime
- Youth Engagement
Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies are very much needed to improve police and community relations.
The complete list of awards can be found here: https://cops.usdoj.gov/pdf/2020AwardDocs/cpdmicrogrants/Award_List.pdf. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
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.
Department of Justice Awards $2.2 Million for Innovative Community Policing ProjectsRead the Press Release
PROVIDENCE – The Department of Justice today announced $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000.
The Narragansett Police Department, one of just 29 law enforcement agencies in the nation selected to receive a Community Policing Development Microgrant Program Grant, will administer a $99,993 grant to bolster a regional Crisis Intervention Team shared by the Narragansett, South Kingstown, North Kingstown, Westerly, and Richmond Police Departments. The funding will be used to expand a regional, comprehensive response to citizens in Washington County dealing with mental health issues. The grant will, in part, fund a second clinician to ride along with police officers to respond to individuals in psychiatric or substance use crisis.
“I congratulate the Narragansett, South Kingstown, North Kingstown, Westerly, and Richmond Police Departments for recognizing the need to provide critical community policing programs such as the Crisis Intervention Team, and the important role that a trained medical professional can play when police officers are called upon to respond to calls involving a person in personal crisis,” said United States Attorney Aaron L. Weisman.
“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” said Director Keith. “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”
CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:
- Human Trafficking
- Meeting Rural Law Enforcement Challenges
- Officer Safety and Wellness
- Recruitment, Hiring, and Retention
- School Safety
- Staffing and Allocation Studies
- Victim-Centered Approaches
- Violent Crime
- Youth Engagement
Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies are very much needed to improve police and community relations.
The complete list of awards can be found here: https://cops.usdoj.gov/pdf/2020AwardDocs/cpdmicrogrants/Award_List.pdf. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Department of Justice Awards $2.2 Million for Innovative Community Policing ProjectsRead the Press Release
Tampa, Florida – The Department of Justice today announced $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000. In the Middle District of Florida, three agencies received awards:
- Flagler County Sheriff’s Office ($92,501)
Flagler County Recruitment, Hiring, and Retention Project
- City of Orlando ($16,800)
Orlando Officer Safety and Wellness Project
- Pinellas County ($90,870)
Pinellas Officer Safety and Wellness Project
“Micro investments in innovative projects such as these, now, can pay huge dividends to agencies and communities in the future,” said U.S. Attorney Maria Chapa Lopez. “We applaud the forward-thinking of our Middle District agencies and their leaders, and thank the COPS Office for their continued support.”
“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” said Director Keith. “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”
CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:
- Human Trafficking
- Meeting Rural Law Enforcement Challenges
- Officer Safety and Wellness
- Recruitment, Hiring, and Retention
- School Safety
- Staffing and Allocation Studies
- Victim-Centered Approaches
- Violent Crime
- Youth Engagement
Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies are very much needed to improve police and community relations.
The complete list of awards can be found here https://cops.usdoj.gov/pdf/2020AwardDocs/cpdmicrogrants/Award_List.pdf. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
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.- Flagler County Sheriff’s Office ($92,501)
Department of Justice Awards $2.2 Million for Innovative Community Policing ProjectsRead the Press Release
SALT LAKE CITY – The Department of Justice is awarding $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program.
Salt Lake City is one of the 29 awards announced today by COPS Office Director Phil Keith. The awards range in amounts from $15,090 to $100,000. Salt Lake City will receive $71,896 to support the Salt Lake City Youth Engagement Project.
“Community policing strategies are a vital tool in building relationships between law enforcement and community partners,” U.S. Attorney John W. Huber said today. “Congratulations to Salt Lake City on its efforts to develop this innovative project and earn the support of the COPS Office.”
“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” said Director Keith. “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”
CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:
- Human Trafficking
- Meeting Rural Law Enforcement Challenges
- Officer Safety and Wellness
- Recruitment, Hiring, and Retention
- School Safety
- Staffing and Allocation Studies
- Victim-Centered Approaches
- Violent Crime
- Youth Engagement
Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies can play a vital role in improving police and community relations.
Citizen of Kazakhstan, known as “fxmsp,” charged with computer fraud, wire fraud, and conspiracy for hacking hundreds of corporate networks in more than 40 countries worldwideRead the Press Release
Seattle – An indictment was unsealed today in the Western District of Washington charging a citizen of Kazakhstan, ANDREY TURCHIN, a/k/a “fxmsp,” 37, with various federal crimes related to a prolific, financially motivated cybercrime group that hacked the computer networks of a broad array of corporate entities, educational institutions, and governments throughout the world, announced U.S. Attorney Brian T. Moran. The “fxmsp” group established persistent access, or “backdoors,” to victim networks, which they then advertised and sold to other cybercriminals subjecting victims to a variety of cyberattacks and fraud.
“Cybercrime knows no international borders, and stopping these crimes requires cooperation between an array of international partners. I commend Kazakhstan for its assistance in this investigation,” said U.S. Attorney Brian T. Moran. “I am hopeful these critical international partnerships between cybercrime investigators will lead to holding Andrey Turchin accountable in a court of law.”
“Sophisticated cybercrimes can be extremely difficult to investigate. However, by working closely with our international law enforcement partners at the UK's National Crime Agency, along with victims, private sector security researchers and great cooperation from our international law enforcement partners in Kazakhstan, the FBI was able to disrupt Mr. Turchin and his alleged co-conspirator's criminal intrusions,” said Raymond Duda, Special Agent in Charge FBI Seattle Field Office. “This case demonstrates the FBI's commitment to uncover and counter cyber criminals, domestic or abroad.”
According to the five-count indictment and records on file, from at least October 2017 through the date charges were returned by a Grand Jury, in December 2018, TURCHIN and his accomplices perpetrated an ambitious hacking enterprise broadly targeting hundreds of victims across six continents, including more than 30 in the United States. Widely known in hacking circles by the moniker “fxmsp,” TURCHIN employed a collection of hacking techniques and malicious software (malware) to gain and maintain access to victim networks. For instance, he often used specially designed code to scan the Internet for open Remote Desktop Protocol (RDP) ports and conduct brute-force attacks to initially compromise victim networks. Once inside the victim’s system, he moved laterally throughout the network and deployed additional malicious code to locate and steal administrative credentials and establish persistent access. The conspirators often modified antivirus software settings to allow malware to continue to run undetected.
TURCHIN and his co-conspirators then marketed and sold the network access on various underground forums commonly frequented by hackers and cybercriminals, such as Exploit.in, fuckav.ru, Club2Card, Altenen, Blackhacker, Omerta, Sniff3r, and L33t, among others. Prices typically ranged from a couple thousand dollars to, in some cases, over a hundred thousand dollars, depending on the victim and the degree of system access and controls. Many transactions occurred through use of a broker and escrow, which allowed interested buyers to sample the network access for a limited period to test the quality and reliability of the illicit access. As has been publicly reported, the “fxmsp” group has been linked to numerous high-profile data breaches, ransomware attacks, and other cyber intrusions.
TURCHIN is charged with conspiracy to commit computer hacking, two counts of computer fraud and abuse (hacking), conspiracy to commit wire fraud, and access device fraud. Conspiracy to commit computer fraud is punishable by up to five years in prison. The two counts of computer fraud and abuse (hacking) are punishable by up to ten and five years in prison, respectively. Conspiracy to commit wire fraud is punishable by up to 20 years in prison. Access device fraud is punishable by up to ten years in prison.
The charges contained in the indictment 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 FBI Seattle Office, Cyber Crime Task Force, with the cooperation of the United Kingdom’s National Crime Agency (NCA), and with assistance from the U.S. Department of Justice’s Criminal Division’s Office of International Affairs, the FBI Legal Attaché Offices in London and Nur-sultan, and the National Security Committee of the Republic of Kazakhstan (KNB).
The case is being prosecuted by Assistant United States Attorney Steven Masada.
turchin_indictment.pdfCancer Treatment Center Repays More Than $2.34 Million to Resolve Civil Claims Pertaining to Physician Administered Drugs in VA Heallthcare SystemRead the Press Release
Fort Myers, FL – United States Attorney Maria Chapa Lopez announces that Florida Cancer Specialists & Research Institute, LLC (FCS), an oncology group headquartered in Fort Myers, Florida, has agreed to a civil settlement that will return $2,341,508.91 that was overpaid by the Department of Veterans Affairs (VA) for certain claims relating to physician-administered drugs.
Although the majority of veterans enrolled in the VA healthcare system receive care in VA-operated medical facilities, the VA may also contract with non-VA facilities to provide services that are not readily available from a VA medical facility. The Code of Federal Regulations allows for VA reimbursement of non-VA care providers for certain physician-administered drugs in accordance with Medicare pricing schedules.
Marianne K. Parker, a Claims Resolution Specialist with FCS, filed a qui tam complaint in the Middle District of Florida after contacting the VA Office of Inspector General’s hotline concerning her discovery that FCS was being overpaid by the VA for physician-administered drugs. In response to the hotline complaint, the VA-OIG Office of Audits and Evaluation determined that a mistake in the Fee Basis Claims System had led the Florida Claims Processing Centers to pay the full amount billed by the provider rather than the appropriate Medicare rate. Subsequently, the VA fixed the issue.
The United States worked cooperatively with FCS to identify the remaining amount of the overpayments made by the VA to FCS. The civil settlement will conclude the lawsuit filed by Ms. Parker and she will receive 20% of the recovery.
“Money designated for the medical care of our veterans is a precious commodity,” said United States Attorney Chapa Lopez. “We are pleased that Florida Cancer Specialists cooperated with the investigation and will return the overpayment back to the VA. Any other providers who received such overpayments should follow suit.”
David Spilker, Special Agent in Charge, VA-Office of Inspector General, stated, “The VA’s Community Care program provides veterans with the ability to obtain critical healthcare services from providers in their community. This civil settlement reinforces the VA-OIG’s commitment to safeguarding the integrity of VA’s healthcare programs and preserving taxpayer funds for their intended purposes."
The investigation was handled by Assistant U.S. Attorney Kyle S. Cohen, with assistance from the Department of Veterans Affairs – Office of Inspector General.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Camden County Man Admits Trafficking High-Dosage Oxycodone Pills as Part of Camden and Gloucester City Drug RingsRead the Press Release
CAMDEN, N.J. – A Camden County, New Jersey, man today admitted buying and reselling 80 milligram oxycodone pills as part of his role in drug trafficking operations based in Gloucester City and Camden, U.S. Attorney Craig Carpenito announced.
Wayne Muse, 73, of Lindenwold, New Jersey, pleaded guilty by videoconference before U.S. District Judge Renée Marie Bumb to an information charging him with one count of conspiracy to distribute and possess with intent to distribute a quantity of oxycodone and one count of distributing and possessing with intent to distribute a quantity of oxycodone.
According to documents filed in this case and statements made in court:
Muse and others, including Rocco DePoder and Erick Bell, allegedly agreed to distribute oxycodone in South Jersey between January and March 2020. On Feb. 13 and 14, 2020, Muse communicated with DePoder using the telephone – in communications that were intercepted during a wiretap investigation led by the FBI – and arranged to sell DePoder 60 80 mg. oxycodone pills, which Muse planned to purchase from an individual identified as “Seller-1.” On Feb. 14, 2020, DePoder paid Muse $600, and Muse used $300 of that money to buy the 60 oxycodone pills from Seller-1. Muse then provided the 60 oxycodone pills to DePoder, keeping the remaining $300. Between January and March 2020, Muse also sold oxycodone pills to Bell.
Each count of the information carries a maximum prison term of 20 years and a maximum fine of $1 million.
Others, including DePoder and Bell, were charged in criminal complaints in March 2020. Their cases are pending, and they are presumed innocent unless and until proven guilty.
U.S. Attorney Carpenito credited special agents of FBI Philadelphia Division, South Jersey Resident Agency, under the direction of Special Agent in Charge Michael J. Driscoll; the U.S. Department of Health and Human Services-Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; the Camden County Sheriff's Office, under the direction of Sheriff Gilbert L. Wilson; the New Jersey Office of Homeland Security and Preparedness, under the direction of Director Jared M. Maples; the Camden County Police Department, under the direction of Chief Joseph Wysocki; and the U.S. Department of Agriculture-Office of Inspector General, under the direction of Special Agent in Charge Bethanne M. Dinkins, with the investigation leading to today’s guilty plea. He also thanked the FBI Newark Division, New Jersey State Police, Camden County Prosecutor’s Office, and U.S. Drug Enforcement Administration (DEA) for their assistance.
The government is represented by Assistant U.S. Attorneys Gabriel J. Vidoni of the Office’s Camden branch and Sara F. Merin of the Newark Office.
Broken Bow Man Sentenced to 60 Months for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Logan Lawson Cox, age 29, of Broken Bow, Oklahoma was sentenced to 60 months’ imprisonment, and 3 years of supervised release for Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The charges arose from an investigation by the McCurtain County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment alleged that on or about November 17, 2019, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, knowingly possessed in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.
United States Attorney Brian J. Kuester said, “Working with local law enforcement agencies to combat violent crime is a Department of Justice priority. Enforcing federal gun laws removes guns from those who are prohibited from possessing them and removes those offenders from the communities where they have chosen to continue a life of crime. The result is safer communities.”
ATF Special Agent in Charge Jeffrey C. Boshek II said, "ATF is committed to working with our partners and keeping firearms out of the hands of violent offenders. Eastern Oklahoma is now safer because Mr. Cox, a multi-convicted felon, is behind bars.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Jarrod Leaman represented the United States.
Bridgeport Resident Charged with Possessing and Trading Images Depicting Sexual Abuse of ChildrenRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that ROBERT J. MOSLEY, 53, of Bridgeport, has been charged by federal criminal complaint with child pornography offenses.
Mosley, who has been detained in state custody on a parole violation since January 28, 2020, appeared today before U.S. Magistrate Judge William I. Garfinkel via video conference.
As alleged in the complaint, in 2016, Mosley was convicted in Connecticut Superior Court of possession of child pornography in the second degree. He was sentenced for that offense to 10 years in jail, execution suspended after six years, and 20 years of probation. Mosley was released on parole in November 2018.
It is further alleged that, on January 28, 2020, Connecticut parole officers and Connecticut state troopers conducted a home visit at Mosley’s residence. During the visit, Mosley was found in possession of an unapproved smart phone, and an approved mobile phone that contained suspected child pornography. Investigators seized both phones and Mosley was remanded to custody. Subsequent analysis of the seized phones and a cloud storage account maintained by Mosley revealed thousands of images and hundreds of video depicting the sexual abuse of children, primarily boys between the ages of 2 and 14. In addition, analysis of Mosley’s e-mail account revealed that he sent numerous e-mails soliciting child pornography, sent images of child pornography to others, and sent links to his cloud storage account.
The criminal complaint charges Mosley with receipt of child pornography and solicitation of child pornography, offenses that carry a mandatory minimum term of imprisonment of 15 years a maximum term of imprisonment of 40 years. Mosley is also charged with possession of child pornography, which carries a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of 20 years. The penalties in this case are enhanced based on Mosley’s alleged criminal history.
U.S. Attorney Durham stressed that a criminal complaint is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and the Connecticut State Police, with the assistance of the Connecticut Department of Correction Division of Parole and Community Services. The case is being prosecuted by Assistant U.S. Attorney Nathaniel J. Gentile and Law Student Intern Nelson Barrette.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Bridgeport Man Sentenced to 5 Years in Federal Prison for Crack and Cocaine OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ROCKY SAMAS, also known as “Twin,” 48, of Bridgeport, was sentenced today by U.S. District Judge Jeffrey A. Meyer to 60 months of imprisonment, followed by five years of supervised release, for distributing crack and powder cocaine.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the sentencing occurred via videoconference.
According to the evidence disclosed during a trial in this matter, between August and October 2018, investigators conducted three controlled purchases of crack cocaine from Samas in Bridgeport. On November 6, 2018, Samas was arrested on a federal criminal complaint. On that date, investigators searched his Bridgeport residence and seized approximately 46 grams of crack cocaine, approximately 120 grams of powder cocaine, approximately $14,000 in cash, and two digital scales.
On December 11, 2019, Samas was found guilty of one count of possession with intent to distribute 28 grams or more of cocaine base (“crack”), and one count of possession with intent to distribute cocaine.
Samas’ criminal history includes multiple drug convictions, including a federal conviction in 2005 for possession with intent to distribute and distribution of crack and powder cocaine. On September 21, 2005, he was sentenced to 240 months of imprisonment for those offenses. He was subsequently resentenced pursuant to changes in the federal sentencing guidelines for crack cocaine offenses and was released from federal prison in December 2011.
Samas, who is released on a $200,000 bond, is required to report to prison on August 11, 2020.
This matter was investigated by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force, and the Stamford and Bridgeport Police Departments. The case was prosecuted by Assistant U.S. Attorneys Maria del Pilar Gonzalez, Hal Chen and Joseph Vizcarrondo.
Belmont County, Ohio man admits to heroin chargeRead the Press Release
WHEELING, WEST VIRGINIA – Nathan Parker, of Martins Ferry, Ohio, has admitted to a heroin distribution charge, U.S. Attorney Bill Powell announced.
Parker, also known as “Zay,” age 39, pled guilty to one count of “Distribution of Heroin within 1,000 feet of a Protected Location.” Parker admitted to selling heroin near St. Michael Parish School in July 2019 in Ohio County.
Parker faces at least one year and up to 40 years incarceration and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government. The Ohio Valley Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Baton Rouge Man Sentenced to Federal Prison for Illegally Possessing FirearmsRead the Press Release
United States Attorney Brandon J. Fremin announced that U.S. District Judge John W. deGravelles sentenced Derrick J. Banks, age 45, of Baton Rouge, Louisiana, to 84 months in federal prison following his conviction for possession of firearms by a convicted felon. The Court further sentenced Banks to three years of supervised release following his term of imprisonment and ordered that the firearms and ammunition involved be forfeited.
According to admissions Banks made as part of his guilty plea, on February 27, 2019, detectives with the Baton Rouge City Police Department executed a search warrant at Banks’ residence. A loaded Beretta PX4 Storm, .40-caliber pistol and a loaded Romarm/Cugir Model M10-762, .762 caliber rifle were located in Banks’ bedroom.
Prior to possessing the firearms, Banks was convicted in 2004 in the United States District Court for the Middle District of Louisiana for possession of a firearm by a convicted felon. Banks was also convicted in 2017 in East Baton Rouge Parish for bank fraud.
U.S. Attorney Fremin stated, “Sending repeat offenders to prison is another example of our commitment to fight violence and how the collaborative efforts of the federal, state, and local law enforcement can make our streets safer. I want to thank our prosecutor, ATF, and the Baton Rouge City Police for their efforts.”
“ATF, in this joint effort, will continue to focus on repeat offenders, like Derrick Banks, who is prohibited from possessing firearms,” said ATF New Orleans Field Division Special Agent in Charge Kurt Thielhorn. “The sentence imposed today will reduce firearm related crimes and keep our communities safe.”
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the East Baton Rouge Parish Sheriff’s Office. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Baton Rouge Police Department. It was prosecuted by Assistant United States Attorneys Robert Piedrahita and Kristen Craig.
Amsterdam Woman Sentenced on Drug and Firearms ChargesRead the Press Release
SYRACUSE, NEW YORK – Jazmin Gonzalez, age 49, of Amsterdam, New York, was sentenced to serve 46 months in federal prison following her guilty plea to being a felon in possession of a firearm and ammunition, and distributing cocaine and heroin, announced United States Attorney Grant C. Jaquith and John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
As part of her guilty plea in December 2019, Jazmin Gonzalez admitted that she possessed a .380 mm caliber semiautomatic pistol and 68 rounds of ammunition as a convicted felon during an ATF undercover operation in Amsterdam, New York, on December 4, 2018. During this transaction, she also distributed 50 small glassine bags each containing heroin, as well as a quantity of cocaine. Jazmin Gonzalez was previously convicted in March 2011 in Montgomery County (New York) Court of Criminal Sale of a Controlled Substance in the Third Degree, a prior felony drug offense.
Jazmin Gonzalez was also sentenced to a three-year term of supervised release to be served following her completion of her prison sentence.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with assistance from the Amsterdam Police Department, and was prosecuted by Assistant U.S. Attorney Richard Southwick as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.
PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Altoona Man Indicted for Receiving and Possessing Images and Videos Showing the Sexual Exploitation of MinorsRead the Press Release
JOHNSTOWN, Pa. – On July 7, a resident of Altoona, Pa. was indicted by a federal grand jury in Johnstown on charges of receipt and possession of material depicting the sexual exploitation of minors, United States Attorney Scott W. Brady announced today.
The two-count Indictment named Matthew Michael Walter, 33, as the sole defendant.
According to the Indictment, on or about August 21, 2019 and August 22, 2019, Walter received images of minors engaged in sexually explicit conduct. The Indictment further alleges that on another occasion,Walter knowingly possessed pictures and videos in individual computer graphic files which were produced using prepubescent minors engaging in sexually explicit conduct. All computer graphic files were shipped or transported in interstate or foreign commerce.
The law provides for a maximum total sentence of 30 years in prison, a fine of $500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.
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.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States 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 sexually exploit children and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Additional Federal Charges Filed Against Springfield Man in Connection with Killing of Special Deputy U.S. Marshal Jacob KeltnerRead the Press Release
ROCKFORD — A superseding indictment returned today by a federal grand jury in Rockford adds new charges against FLOYD E. BROWN in connection with the killing of Special Deputy U.S. Marshal Jacob Keltner.
Brown, 41, of Springfield, was originally charged with one count of killing a federal law enforcement officer and two counts of illegal firearm possession. Special Deputy Keltner was fatally wounded on March 7, 2019, in Rockford. He served as a McHenry County Sheriff’s deputy and was a sworn member of the U.S. Marshals Service Great Lakes Regional Fugitive Task Force.
The superseding indictment returned today renews the three prior counts and adds several new charges in connection with the killing of Special Deputy Keltner and other acts allegedly committed by Brown on the day of the murder: one count of attempting to kill a Deputy Marshal and two Special Deputy Marshals; one count of using a deadly and dangerous weapon to forcibly assault Special Deputy Keltner; one count of using a deadly and dangerous weapon to forcibly assault a Deputy Marshal and two Special Deputy Marshals; one count of discharging a firearm during a crime of violence, causing the death of Special Deputy Keltner; and one count of discharging a firearm during the assault and attempted murder of the Deputy Marshal and two Special Deputy Marshals.
An arraignment date in federal court in Rockford has not yet been scheduled.
The superseding 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 office of the FBI. Several agencies have assisted in the investigation, including the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, Rockford Police Department, Winnebago County Sheriff’s Office, Bloomington Police Department, Lincoln Police Department, Logan County Sheriff’s Office, and Illinois State Police. The government is represented by Assistant U.S. Attorneys Talia Bucci and Scott Paccagnini.
The public is reminded that a superseding indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The counts pertaining to the killing of Special Deputy Keltner carry a maximum sentence of life imprisonment or death. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
8 Arrested on Federal Indictment Alleging Scheme to Obtain $1.1 Million in Unemployment Benefits Through Sham CompaniesRead the Press Release
LOS ANGELES – Law enforcement today arrested eight individuals named in a federal grand jury indictment charging them with creating nonexistent businesses and then claiming more than $1.1 million in unemployment benefits for purported employees of those fake businesses.
The nine-count indictment unsealed today alleges a three-year conspiracy to cheat the state’s unemployment insurance program through the creation of bogus cleaning services and boutique stores, sometimes using the names of prison inmates as phony employees with which to collect the benefits.
The indictment charges each of the eight defendants with one count of conspiracy to commit wire fraud and one count of aggravated identity theft. Those named in the indictment are:
- Donna Givens, 58, of the Gramercy Park area of the City of Los Angeles;
- Catrina Gipson, 44, of Moreno Valley, who is Givens’ niece;
- Evelyn Taylor, 36, of Gramercy Park, a daughter of Givens;
- Laron Taylor, 34, of Buena Park, a son of Givens;
- Latrice Taylor, 37, of Buena Park, a daughter of Givens;
- Raschell Taylor, 30, of San Bernardino, a daughter of Givens;
- Bianka Logie, 45, of Moreno Valley; and
- Vernisha Jolivet, 27, of Indianapolis.
Seven of the defendants are expected to be arraigned this afternoon in United States District Court. Jolivet was arrested in Indianapolis and will be making a court appearance in Indiana on Wednesday.
From February 2013 until July 2016, the defendants allegedly registered fake businesses with the California Employment Development Department, the administrator of the federal unemployment insurance benefit program for the state. The names of the bogus companies included Latasha’s Devining Cleaning Service, Charm Boutique, and Infinite Cleaning Service, according to the indictment. Givens, Laron Taylor, and Raschell Taylor allegedly opened and maintained post office boxes responsible for receiving the fake businesses’ mail.
Logie, Jolivet, and Evelyn Taylor filed claims for unemployment insurance in their own names, claiming unemployment from the fake businesses created by the co-conspirators, the indictment alleges. Other times, the conspirators allegedly filed unemployment insurance claims using the names of other people, including prison inmates.
After being supplied California EDD-funded debit cards, the defendants allegedly withdrew funds from the cards that were in the name of other claimants. In total, the defendants fraudulently obtained approximately $1,106,282 in unemployment insurance benefits, according to the indictment.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
If convicted of all charges, each defendant would face a statutory maximum sentence of 22 years in federal prison.
This matter was investigated by the United States Department of Labor, Office of Inspector General and California EDD Investigation Division, with assistance from the United States Postal Inspection Service and U.S. Marshals Service.
This case is being prosecuted by Assistant United States Attorney Puneet V. Kakkar of the International Narcotics, Money Laundering, and Racketeering Section.
5 Defendants Arrested in 4 Separate Cases Involving Arsons and an Assault During May 30th Protests in Rochester and BuffaloRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER/BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that five defendants have been arrested and charged federally in four separate complaints in connection with violent protests held on May 30, 2020, in both the City of Rochester and the City of Buffalo. In Rochester, four individuals have been charged for their roles in connection with the burning of three government vehicles and a private mobile construction trailer office during violent protests held in the late-afternoon/early-evening hours of Saturday, May 30, 2020, in the Rochester. In Buffalo, a fifth individual was arrested this morning and charged with assaulting a federal officer during a violent protest held that same evening, outside of the Robert H. Jackson Federal Courthouse on Niagara Square.
The individuals charged include the following:
• DYSHIKA MCFADDEN, 26, and MIGUEL RAMOS, 19, both of Rochester, NY, are charged with conspiracy to commit arson and arson, for their alleged role in burning RPD Patrol Car which was parked in front of the Public Safety Building at 185 Exchange Boulevard, in Rochester;
• MACKENZIE DRECHSLER, 19, of Ontario, NY, is charged with arson of a vehicle used in interstate commerce, for her alleged role in burning two (2) vehicles, one belonging to the New York State Attorney General’s Office and another Belonging to the City of Rochester Family Crisis Intervention Team (FACIT), both of which were parked in the vicinity of 144 Exchange Boulevard, in Rochester;
• MARQUIS FRASIER, 27, of Rochester, NY, is also charged with arson of a building vehicle and property, for his alleged role in using a Molotov Cocktail to help burn down a 32-foot by 8-foot mobile construction trailer and its contents, which was being rented by an out-of-state construction company and which parked in the lot at the corner of Exchange Boulevard and Court Street, in Rochester; and
• KEYONDRE ROBINSON, 18, of Buffalo, NY, has been charged with assault of a federal officer, for his alleged role in throwing a bottle that struck a Deputy United States Marshal in the face during protests outside of the federal courthouse in Buffalo on May 30, 2020.In the event of conviction, McFADDEN, RAMOS, DRESCHSLER, and FRASIER each face a mandatory minimum term of imprisonment of five years, a maximum of 20 years, and a $250,000 fine. ROBINSON faces a maximum possible sentence of a term of imprisonment of 8 years, and a $250,000 fine.
Assistant U.S. Attorney Cassie M. Kocher, who is handling the Rochester cases, stated that on May 30, 2020, Rochester Police Department (RPD) officers were assigned to assist with crowd control during protests scheduled at the Public Safety Building (PSB) on Exchange Boulevard. The protests were in response to the death of George Floyd in Minneapolis, Minnesota. During the late-afternoon/early-evening, the protests turned violent, resulting in vandalism, damaged property, looting, and fires.
At approximately 5:05 p.m., McFADDEN and RAMOS, using aerosol cans and an open flame, allegedly set fire to and rendered as a total loss RPD CAR 463 that was parked in the loop in front of the public safety building.
At approximately 5:57 p.m., DRESCHLER allegedly set fire to an official vehicle owned by the New York State Attorney General’s Office, after crouching down, placing cardboard inside the vehicle and then walking away. Approximately one minute later, smoke began billowing from the car, and as the fire grew, the car became engulfed in flames. Roughly 20 minutes later, at 6:18 p.m., DRESCHLER and another male were observed setting fire to the overturned FACIT car which was located nearby. Both vehicles were total losses.
At approximately 6:28 p.m., a 32-foot by 8-foot mobile office, rented by the Michels Corporation of Wisconsin, was set on fire. It was located in the parking lot at the corner of Court Street and Exchange Boulevard. The mobile office contained work equipment, tools, a printer, camera, and wi-fi device. Facebook Live video footage posted by various users allegedly shows FRASIER, holding a Molotov cocktail, walking up the steps of the mobile office, throwing the Molotov cocktail inside, and immediately running down the steps. The mobile office was a total loss.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case in Buffalo, stated that on May 30, 2020, members of the United States Marshals Service (USMS), Homeland Security Investigation (HSI), Immigration Customs Enforcement (ICE), Federal Protective Services (FPS), New York State Police (NYSP), Amherst Police Department, and Buffalo Police Department (BPD) were assisting with crowd control during similar protests in the City of Buffalo. As in Rochester, the protests in Buffalo turned violent during the late-afternoon/early-evening. Because some of the protesters were behaving aggressively and violently, law enforcement officers were positioned shoulder-to-shoulder along the courthouse steps along the Southeast Corner of the Robert H. Jackson Federal Courthouse on Niagara Square, as part of an effort to protect the Courthouse. At approximately 6:45 p.m., a Deputy U.S. Marshal who was standing guard on the courthouse steps was struck in the face by a bottle allegedly thrown by defendant ROBINSON.
“The arsons and assault with which these defendants have been charged are not part of any sort of righteous crusade; they are—plain and simple—criminal acts,” stated U.S. Attorney Kennedy. “This sort of behavior, combined with dramatic increase in violent crime and shootings across both our Nation and our District, suggests that some members of our society believe that division and violence provide an acceptable path forward from the current state of civil unrest. They, however, are wrong. Instead, in choosing our path forward let us draw on the wisdom of one of Rochester’s greatest residents, Frederick Douglass. In the twilight of his life, the emancipated slave, who went on to become an American social reformer, abolitionist, and orator stated: ‘My cause, first, midst, last, and always was and is that of the black man; not because he is black, but because he is a man.’ Douglass’s words resonate loudly today as a reminder that as Americans it is our obligation, in charting a path forward, to focus not on that which divides us, but rather on than that which unites us. As Douglass correctly recognized, as Americans, our identity is not derived from any personal characteristic over which none of us have any control. Rather, our identity as Americans comes from our shared humanity, the values and ideals we choose to uphold, and the obstacles we have overcome. Only by uniting and coming together as one can we achieve the full promise of those values and ideals—so eloquently expressed in the Declaration of Independence—which we celebrated just a few days ago —of a people who are all ‘created equal, [and] endowed by [our] Creator with certain unalienable rights, [including] life, liberty, and the pursuit of happiness.’ The lawless conduct and wanton destruction and violence charged in the complaints announced today—and the apparent increase in violence across our country and our community—threatens the lives, the liberty, and the happiness of all Americans. For that reason, my Office, together with our partners in law enforcement, will continue to do all that we can to deliver a healthy prescription of law and order to those—like these defendants—who seem more interested in spreading the decidedly un-American diseases of lawlessness, chaos, and division across these United States of America.”
The complaints are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Eric Laughton; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team; the Rochester Fire Department, under the direction of Fire Chief Willie Jackson; and the United States Marshal’s Service, under the direction of United States Marshal Charles Salina.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Monday 6 July 2020
West Virginia Woman Admits to Willful Retention of Top Secret National Defense Information and International Parental KidnappingRead the Press Release
Elizabeth Jo Shirley, of Hedgesville, West Virginia, has admitted to unlawfully retaining a document containing national defense information and committing international parental kidnapping, the Department of Justice announced.
Shirley, 47, pled guilty to one count of “Willful Retention of National Defense Information” and one count of “International Parental Kidnapping.” Shirley admitted to unlawfully retaining a National Security Agency (NSA) document containing information classified at the TOP SECRET/SENSITIVE COMPARTMENTED INFORMATION (TS/SCI) level relating to the national defense that outlines intelligence information regarding a foreign government’s military and political issues. Shirley also admitted to removing her child, of whom she was the non-custodial parent, to Mexico with the intent to obstruct the lawful exercise of the custodial father’s parental rights.
“When Shirley took classified information from her work with the Intelligence Community and later fled to Mexico, she violated the confidence placed in her by the American people,” said Assistant Attorney General for National Security John C. Demers. “She doubled down on this betrayal when she sought to offer classified information to the Russian government. We are grateful for our law enforcement partners’ timely work to locate and arrest the defendant in Mexico. Given Shirley’s troubling conduct after fleeing the United States, the damage to national security could have been far greater had law enforcement not acted swiftly. Shirley will now be held accountable for betraying the trust of the American people.”
“High level security clearance requires a commensurate level of trust. Shirley breached that trust and attempted to put our country at risk. National security is one of our highest priorities and always will be. Shirley will now face the consequences of her actions,” said U.S. Attorney William J. Powell.
"Federal government employees and contractors with high level security clearances pledge to protect classified information from foreign adversaries. It's an essential responsibility in guarding our country’s national security," said FBI Pittsburgh Special Agent in Charge Michael Christman. "Ms. Shirley had a duty to safeguard classified information. Instead, she chose to break the law and trust placed in her and made plans to pass national defense information to Russian officials, which could have put our citizens at risk. The FBI does not take these violations lightly and will work to hold wrongdoers accountable to keep our country safe."
Shirley served on active duty with the United States Air Force, and in August 1994, the Air Force granted Shirley her first TS/SCI security clearance. After leaving active duty, Shirley served in the United States Air Force Reserves and later in the United States Navy Reserves. While serving in the Air Force, she worked on assignments with the NSA. From May 2001 to August 2012, Shirley held various positions with the United States Navy’s Office of Naval Intelligence, the Department of Defense, the Department of Energy, the National Cyber Investigative Joint Task Force, and at least five different cleared defense contractors. In connection with these positions, Shirley held TOP SECRET/SCI security clearances at various times.
In July 2019, Shirley took her six-year-old daughter to Mexico with the intent to make contact with representatives of the Government of Russia to request resettlement in a country that would not extradite her to the United States. Shirley took with her to Mexico national defense information, which she had unlawfully retained. While in Mexico, Shirley prepared a written message to Russian Government officials, referencing “an urgent need” to have “items shipped from the USA related to [her] life’s work before they are seized and destroyed.”
On Aug. 13, 2019, the United States Marshals Service and Mexican law enforcement located Shirley and her daughter at a hotel in Mexico City. Mexican immigration authorities arrested Shirley pursuant to lack of legal immigration status.
The FBI subsequently executed search warrants on numerous of Shirley’s electronic devices, including devices she took to Mexico in July 2019 and devices the FBI seized from her Martinsburg storage unit in August 2019. Pursuant to the search of the storage unit, the FBI located the NSA document underlying the Willful Retention of National Defense Information offense. In addition, pursuant to searches of the electronic devices, the FBI found an Office of Naval Intelligence PowerPoint presentation containing information classified at the SECRET level and messages Shirley had drafted to Russian Government officials while in Mexico, the latter of which the Central Intelligence Agency has determined to include information classified at the SECRET level.
Shirley faces up to ten years of incarceration and a fine of up to $250,000 for the national security charge and up to three years of incarceration and fine of up to $250,000 for the kidnapping charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Jarod J. Douglas and Lara K. Omps-Botteicher and Trial Attorney Evan N. Turgeon with the Department of Justice’s Counterintelligence and Export Control Section, National Security Division, are prosecuting the case on behalf of the government. The FBI and WVSP investigated. The Webster County Prosecuting Attorney’s Office cooperated in the investigation and prosecution of the case.
U.S. Magistrate Judge Robert W. Trumble presided.
Two Individuals Charged for Their Role in Bribery and Money Laundering Scheme Involving Former High-Ranking Government Official in PanamaRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn, New York charging Luis Enrique Martinelli Linares (Luis Martinelli Linares) and Ricardo Alberto Martinelli Linares (Ricardo Martinelli Linares), for their roles in a massive bribery and money laundering scheme involving Odebrecht S.A. (Odebrecht), a Brazil-based global construction conglomerate. Luis Martinelli Linares and Ricardo Martinelli Linares were arrested today at el Aeropuerto Internacional la Aurora in Guatemala.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Brian C. Rabbitt, Acting Assistant Attorney General of the Justice Department’s Criminal Division, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.
On December 21, 2016, Odebrecht pleaded guilty in the Eastern District of New York to a criminal information charging it with conspiracy to violate anti-bribery provisions of the Foreign Corrupt Practices Act for its involvement in the bribery and money laundering scheme.
The overarching Odebrecht scheme involved the payment of more than $700 million in bribes to government officials, public servants, political parties and others in Panama and other countries around the world to obtain and retain business for the company. The defendants are alleged to have participated in the scheme by, among other means, serving as intermediaries for approximately $28 million in bribe payments made by and at the direction of Odebrecht to a then high-ranking government official in Panama (Panama Government Official), who was a close relative of the defendants. Luis Martinelli Linares and Ricardo Martinelli Linares were each charged with one count of conspiracy to commit money laundering.
As alleged in the complaint, between approximately August 2009 and January 2014, the defendants facilitated the payment of bribes from Odebrecht to or for the benefit of the Panama Government Official by taking a number of steps that included opening and managing secret bank accounts held in the names of shell companies in foreign jurisdictions. These secret bank accounts were used to receive, transfer and deliver the bribe payments. The defendants served as the signatories on certain of the shell company bank accounts and personally sent and caused to be sent wire transfers through the structure of shell company bank accounts to conceal and spend bribery proceeds. Many of these financial transactions were in U.S. dollars and were made through U.S. banks, some of which were located in New York.
The charges in the complaint announced today are allegations, and the defendants are presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant United States Attorneys Julia Nestor and Alixandra Smith of the Office’s Business and Securities Fraud Section, Criminal Division Fraud Section Trial Attorney Michael Culhane Harper and Money Laundering and Asset Recovery Section Trial Attorneys Barbara Levy and Michael Redmann. The FBI’s International Corruption squad in New York investigated this case.
The Criminal Division’s Office of International Affairs provided substantial assistance.
The Defendants:
LUIS ENRIQUE MARTINELLI LINARES
Age: 38
Panama City, PanamaRICARDO ALBERTO MARTINELLI LINARES
Age: 40
Panama City, PanamaE.D.N.Y. Docket No. 20-M-498 (RML)
Two Defendants Charged for Their Role in Bribery and Money Laundering Scheme Involving Former High-Ranking Government Official in PanamaRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn, New York, charging Luis Enrique Martinelli Linares (Luis Martinelli Linares) and Ricardo Alberto Martinelli Linares (Ricardo Martinelli Linares) for their roles in a massive bribery and money laundering scheme involving Odebrecht S.A. (Odebrecht), a Brazil-based global construction conglomerate.
On Dec. 21, 2016, Odebrecht pleaded guilty in the Eastern District of New York to a criminal information charging it with conspiracy to violate the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA) for its involvement in the bribery and money laundering scheme.
The overarching Odebrecht scheme involved the payment of more than $700 million in bribes to government officials, public servants, political parties, and others in Panama and other countries around the world to obtain and retain business for the company. The two individual defendants are alleged to have participated in the scheme by, among other things, serving as intermediaries for approximately $28 million in bribe payments made by and at the direction of Odebrecht to a then high-ranking government official in Panama (Panama Government Official), who was a close relative of the defendants. Luis Martinelli Linares and Ricardo Martinelli Linares were each charged with one count of conspiracy to commit money laundering.
Luis Martinelli Linares and Ricardo Martinelli Linares were arrested at el Aeropuerto Internacional la Aurora in Guatemala on July 6 pursuant to a provisional arrest request from the United States.
As alleged in the complaint, between approximately August 2009 and January 2014, the defendants facilitated the payment of bribes from Odebrecht to or for the benefit of the Panama Government Official by taking a number of steps that included opening and managing secret bank accounts held in the names of shell companies in foreign jurisdictions. These secret bank accounts were used to receive, transfer, and deliver the bribe payments. The defendants served as the signatories on certain of the shell company bank accounts, and personally sent and caused to be sent wire transfers through the structure of shell company bank accounts to conceal and spend bribery proceeds. Many of these financial transactions were in U.S. dollars and were made through U.S. banks, some of which were located in New York.
The charges in the complaint announced today are allegations, and the defendants are presumed innocent unless and until proven guilty.
The FBI’s International Corruption squad in New York investigated this case. Trial Attorney Michael Culhane Harper of the Criminal Division’s Fraud Section, Trial Attorneys Barbara Levy and Michael Redmann of the Criminal Division’s Money Laundering and Asset Recovery Section, and Assistant U.S. Attorneys Alixandra Smith and Julia Nestor of the U.S. Attorney’s Office for the Eastern District of New York are prosecuting the case.
The Criminal Division’s Office of International Affairs provided substantial assistance. The Brazilian Ministerio Publico Federal, Departamento de Polícia Federal, law enforcement authorities in Guatemala including the Public Ministry of Guatemala and Specialized Unit for International Affairs, and law enforcement authorities in El Salvador provided significant cooperation.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
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.
Turlock Man Sentenced for Laser Strikes on HelicopterRead the Press Release
FRESNO, Calif. — U.S. District Judge Dale A. Drozd sentenced a Turlock man today to two years and three months in prison to be followed by three years of supervised release for purposefully striking a Stanislaus County Sheriff’s helicopter with the beam of a powerful laser, U.S. Attorney McGregor W. Scott announced.
In March 2018, Roger Shane John, 34, pleaded guilty. According to court documents, on the evening of Oct. 22, 2017, John struck a Stanislaus County Sheriff’s helicopter, Air 101, five to six times with a powerful green laser, causing visual interference of both the pilot and tactical flight officer and disrupting an air support response to a domestic violence call. The laser strikes occurred within the Federal Aviation Administration‑designated laser-free zone of the Modesto Airport.
According to the guilty plea, John knew that shining a laser at an aircraft is illegal. An examination of John’s laser revealed that it emitted 85 milliwatts (mW) of power and is 17 times more powerful than what is legally permissible for handheld laser devices. The Food and Drug Administration, which regulates handheld laser devices, has found that such power emission is dangerous and can cause either temporary visual effects or an eye injury.
This case was the product of an investigation by the Federal Bureau of Investigation, Stanislaus County Sheriff’s Department, and Modesto Police Department. Assistant U.S. Attorney Karen Escobar prosecuted the case.
Sioux Falls Man Sentenced for Wire Fraud and Money LaunderingRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Wire Fraud and Money Laundering was sentenced on July 6, 2020, by U.S. District Judge Karen E. Schreier.
Paul Erickson, age 58, was sentenced to 84 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200. Restitution has been deferred for 30 days.
Erickson was indicted by a federal grand jury on February 6, 2019. He pled guilty on November 26, 2019.
The conviction stemmed from incidents when Erickson, who solely operated a business venture to develop land in the Bakken oil fields in North Dakota, became acquainted, through his business, with several individuals with whom he developed strong professional and personal relationships. He approached many of those individuals about investing in his business. However, he falsely represented to investors that he would use the money to purchase real estate and the construction of single-family homes in North Dakota, which he did not do.
On March 1, 2017, he accepted a $100,000 wire transfer that was deposited into his Wells Fargo bank account, which was supposed to be an investment in his business. He told the investor that the money would be used for the development of real estate in North Dakota, and that the amount would be repaid no later than August 28, 2017. However, he did not invest the money received into the Bakken oil fields venture and he did not repay the investor.
Furthermore, from the $100,000 Erickson received on March 1, 2017, he conducted a financial transaction and transferred $1,000 to another person.
“The dramatic upward departure for Mr. Erickson's sentence speaks volumes about the crimes he committed over the vast course of time they occurred,” said FBI Minneapolis Special Agent in Charge, Rainer Drolshagen. “The scope, breadth, and length of his illegal actions spanning more than 20 years involving more than 150 victims was a tall order to investigate but the effort is well worth it with the justice that was meted out today.”
“Investors should be wary about promoters of business ventures that promise to double investor’s money in a short time,” said IRS Acting Special Agent in Charge Adam Steiner. “IRS Criminal Investigation is committed to investigating Ponzi schemes in an effort to protect the financial well-being of the American public. We will continue to work with the U.S. Attorney’s Office and our law enforcement partners to put in jail promoters that prey upon trusting investors.”
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Erickson is to self-report by July 20, 2020.
Seven Individuals Arrested in Connection with $3.5 Million Multi-State Bank Fraud ConspiracyRead the Press Release
TRENTON, N.J. – Seven people have been charged for their alleged roles in a large-scale conspiracy to commit bank fraud in New Jersey, New York, Pennsylvania, Maryland, Virginia, and Michigan over the course of two years, U.S. Attorney Craig Carpenito announced today.
The criminal complaint unsealed today in Trenton federal court charges the defendants with conspiracy to commit bank fraud, in connection with a fraudulent scheme that used hundreds of fraudulent accounts to defraud several major banks causing losses of over $3.5 million. Today’s arrests of five of the defendants were made in coordination with two other federal investigations conducted by the U.S. Attorney’s Offices for the Eastern District of Virginia and the District of Maryland, which led to the filing of separate criminal complaints, also unsealed today, that charged five defendants in the Eastern District of Virginia and two defendants in the District of Maryland.
According to documents filed in the District of New Jersey and statements made in court:
From 2018 through April 2020, the defendants conspired with each other and others to defraud several major banks and electronic merchant processors. To accomplish the conspiracy’s unlawful objective, the defendants established bank accounts associated with sham entities that had no legitimate purpose, and thereafter would issue checks payable to other sham entities associated with the criminal organization, knowing that the accounts on which the checks were drawn contained insufficient funds. The defendants would also conduct numerous fraudulent credit card and debit card transactions between shell companies to fraudulently credit payee accounts and fraudulently overdraw payor accounts. Alternatively, the defendants would use these shell companies to execute temporary refund credits, commonly referred to as “charge-backs,” to checking accounts associated with the criminal organization, where no prior legitimate transaction had occurred.
In each one of these instances, members of the criminal organization withdrew the funds (through ATMs or bank tellers) that banks and/or merchant processors had credited to the payee bank accounts at the time of the fraudulent transaction. Because the defendants withdrew the credited funds from the payee accounts before the banks could recognize the fraudulent transactions, the banks and merchant processors were left with substantial losses.
The investigation has identified approximately 200 bank accounts and 75 merchant credit card processing accounts used to facilitate the schemes. The defendants’ unlawful activities have caused an aggregate loss to banks and merchant processing companies of at least $3.5 million.
The bank fraud conspiracy count carries a maximum potential penalty of 30 years in prison and a maximum fine of $1 million.
U.S. Attorney Craig Carpenito credited postal inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James Buthorn, Newark Division, and Acting Inspector in Charge Felicia George, Michigan Division; special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason Molina in Newark; the Social Security Administration Office of the Inspector General, under the direction of Special Agent in Charge John F. Grasso; and special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark, with the investigation leading to today’s charges. He also thanked the Department of Homeland Security, Homeland Security Investigations, Michigan Division, and the U.S. Attorneys for the Eastern District of Virginia and the District of Maryland for coordinating the investigation.
The government is represented by Assistant U.S. Attorney Ray Mateo of the U.S. Attorney’s Office Criminal Division in Trenton.
The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
The defendants charged in the New Jersey complaint unsealed today are listed below:
Name
Age
Residence
*Rana Sharif
36
Dearborn Heights, Michigan
Awaise Dar
32
Dearborn, Michigan
*Shamsher Farooq
26
Dearborn, Michigan
Habib Majid
34
North Brunswick, New Jersey
Naveed Arif
42
Port Reading, New Jersey
Ali Abbas
38
Carteret, New Jersey
Erm Ayaz
36
Bayside, New York
*denotes at large
Portland Man Charged for Assault on a Federal OfficerRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank today announced that Abdikareem Hassan, 32, of Portland was charged by criminal complaint with assaulting a federal officer.
According to the criminal complaint, in the late evening hours of July 5, 2020, Hassan was arrested by the Portland Police Department and taken to the police station. While there, he assaulted police officers and an FBI special agent who were working together on the joint investigation.
A charge in a criminal complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
Pair Plead Guilty to Conspiring to Transport More than $97,000 in Stolen CashRead the Press Release
ABINGDON, VIRGINIA – A pair of New York men, who were stopped for speeding by a Wythe County Sheriff’s Deputy who later discovered more than $97,000 in stolen cash in the vehicle, pleaded guilty last week in U.S. District Court in Abingdon to conspiring to transport the stolen money in interstate commerce, United States Attorney Thomas T. Cullen announced.
Zeidan Hamad Saado, 20, and Ali Salim Mberwa, 21, both of Buffalo, New York, each pleaded guilty last week to conspiring to transport in interstate commerce money with a value of $5,000 or more, knowing it had been stolen. At sentencing, each defendant faces a maximum statutory penalty of up to five years in prison and or a fine of up to $250,000.
According to court documents, on January 28, 2020, at approximately 3:00 a.m., a Wythe County Sheriff’s deputy stopped a Toyota Prius driven by Saado for going 89 m.p.h. in a 65 m.p.h. zone. At the time, Mberwa was a passenger in the car and a minor passenger, “D.P.” was also present. The deputy smelled marijuana and observed marijuana on the floorboard of the vehicle. In addition, the deputy determined the vehicle’s license plate was registered to a Mitsubishi rather than a Toyota Prius.
Saado told the deputy there was more marijuana in the car. When the deputy opened the rear door, he observed a pile of cash under the front seat. The bills were in $100 denominations and were bundled almost exclusively in “Loomis” bank bands. Altogether, there was at least $97,340 of stolen cash in the car.
Investigators learned that D.P. had been living with D.P’s mother and D.P.’s mother’s boyfriend in Florida. D.P. knew the mother’s boyfriend had a large amount of cash stored in a safe, and asked Saado and Mberwa to travel from New York to Florida to steal the money from the safe. D.P. agreed to pay a portion of the money to Saado for driving and a portion to Mberwa for his role in the scheme.
The trio traveled from New York to Florida, went to the door of D.P.’s mother’s home and engaged her in conversation to distract her while D.P. went inside and took cash from the boyfriend’s safe. After D.P. took the money, the trio began their journey back to New York before they were stopped in Virginia.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Wythe County Sheriff’s Office. Assistant United States Attorneys Zachary T. Lee and Whit D. Pierce are prosecuting the case for the United States.
Operation X-Nation Update: Princeton Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
BLUEFIELD, W.Va. – A Princeton man was sentenced to federal prison for his participation in a drug trafficking organization (DTO) operating between New York and Mercer County, announced United States Attorney Mike Stuart. David Simmons, 51, of Princeton, was sentenced to 24 months in prison, to be followed by three years of supervised release, for conspiring to distribute quantities of oxymorphone and oxycodone. Simmons, along with four other individuals, was charged as a result of a long-term, multi-state investigation known as Operation X-Nation.
“Thanks to the collaborative efforts of many law enforcement agencies, a multi-state pill distribution network has been shut down,” said United States Attorney Mike Stuart. “Southern West Virginia communities have been ravaged by prescription drug abuse and addiction. You can rest assured that we will not rest until all those responsible are held accountable.”
Simmons previously admitted that between August 2017 and August 31, 2019, he participated in a DTO operating in Mercer County. During this time period, Simmons worked with other members of the DTO to acquire and distribute prescription pills in and around Mercer County. In or about the month of August 2019, Simmons had telephone calls intercepted by law enforcement. During these calls, Simmons was discussing the distribution of oxymorphone and oxycodone with other members of the DTO. Simmons admitted that he was responsible for conspiring to distribute approximately 210 oxymorphone pills and approximately 257 oxycodone pills. Simmons also admitted it was the plan of the DTO to redistribute the pills in and around Mercer County.
Stuart commended the cooperative investigative efforts of the Drug Enforcement Administration (DEA) and the Southern Regional Drug and Violent Crime Task Force, which is composed of officers from the West Virginia State Police, the Mercer County Sheriff’s Department, the Princeton Police Department and the Bluefield Police Department. Each agency provided additional and essential support throughout this investigation.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. Senior United States District Judge David A. Faber imposed the sentence.
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Okmulgee Man Sentenced to 120 Months for Two Counts of Abusive Sexual Contact in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Mandrell Ray Roberts a/k/a TUFFY, age 68, of Okmulgee, Oklahoma was sentenced to 120 months’ imprisonment, and 5 years of supervised release with mandatory sex offender registration and treatment and a restriction that he cannot live with or be around children under 18 for two counts of Abusive Sexual Contact In Indian Country, in violation of Title 18, United States Code, Sections 1153, 2244(a)(5), and 2246(3). The charges arose from an investigation by the Muscogee Creek Nation Lighthorse Police and the Federal Bureau of Investigation.
The Indictment alleged in two separate counts that beginning in or about July 2018, and continuing until on or about July 31, 2019, in the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, knowingly engaged in sexual contact and caused sexual contact by intentionally touching, directly and through the clothing, the breast and buttocks of two people who had not attained the age of 12 years, with an intent to arouse or gratify the sexual desire of any person.
United States Attorney Brian J. Kuester said, “The defendant will have no more opportunities to harm children to satisfy his sick and selfish desires. I am hopeful the children he victimized will find a sense of closure and peace today knowing their courage and participation in the criminal justice system resulted in justice being served.”
"While today’s sentencing of Mr. Roberts cannot erase the harm inflicted upon his victims, it highlights the FBI's commitment to holding sexual predators accountable for their crimes," said Melissa Godbold, Special Agent in Charge of the FBI Oklahoma City Field Office. “The FBI and our law enforcement partners are dedicated to ensuring that children are protected from abuse and exploitation.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Sarah McAmis represented the United States.
Norwich Man Pleads Guilty to Federal Firearm Charge Stemming from New London ShootingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that on July 2, 2020, TREMAINE DOWDELL, 27, of Norwich, pleaded guilty before U.S. Magistrate Judge Thomas O. Farrish to a federal firearm offense stemming from an assault and shooting in New London last year.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding occurred via videoconference.
According to court documents and statements made in court, on September 14, 2019, Dowdell and three associates assaulted a man outside of the H&T Mart on Ocean Avenue in New London. Surveillance video captured Dowdell removing a gun from his pants and firing a single shot toward the victim of the assault. The bullet missed the victim. When police arrived a short time later, officers found a .40 caliber cartridge casing at the location where Dowdell fired the gun.
Dowdell’s criminal history includes state felony convictions for larceny, burglary and failure to appear offenses. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
On October 3, 2019, a federal grand jury in New Haven returned an indictment charging Dowdell with one count of possession of ammunition by a convicted felon. After actively evading law enforcement, Dowdell was found and arrested at a residence in Sprague on November 5, 2019. He possessed a loaded .25 caliber handgun and approximately 33 grams of crack cocaine at the time of his arrest.
Dowdell pleaded guilty to possession of ammunition by a convicted felon, an offense that carries a maximum term of imprisonment of 10 years. He is scheduled to be sentenced by U.S. District Judge Janet Bond Arterton on September 24, 2020.
Dowdell is currently detained.
This matter is being investigated by the New London Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation, with the assistance of the Norwich Police Department and Connecticut State Parole. The case is being prosecuted by Assistant U.S. Attorney Nathaniel J. Gentile and Supervisory Assistant State’s Attorney Paul Narducci of the New London State’s Attorney Office.
North Texas Doctor to Pay $210,000 to Settle False Claims Act Allegations of Accepting Illegal InducementsRead the Press Release
SHERMAN, Texas – Bibi Tasleyma Sattar, D.O., and her practice, Oakmont Wellness Center, PA, (collectively, “Dr. Sattar”) have agreed to pay $210,000 to resolve False Claims Act allegations involving accepting payments for patient referrals in violation of the Anti-Kickback Statute, as well as claims otherwise improperly billed to federal healthcare programs for laboratory testing, announced Eastern District of Texas U.S. Attorney Stephen J. Cox today.
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded programs. The Anti-Kickback Statute intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlement announced today resolves allegations that Dr. Sattar conspired with others to receive remuneration disguised as “process and handling fees” in exchange for referring laboratory tests to True Health Diagnostics, LLC (“True Health”) from June 2015 to November 2017. Specifically, Dr. Sattar referred her Medicare patients to Onsite Draw Station, Inc. (“ODS”), a company owned and/or operated by Dr. Sattar’s parents, Sultan Sattar and Bibi Zabeda Sattar, to perform blood draws when Dr. Sattar ordered True Health tests for her patients. When Dr. Sattar ordered diagnostic testing from True Health, and ODS performed the blood draws, True Health paid a $25 “process and handling fee” per each patient that Dr. Sattar referred to True Health. True Health then submitted the claims to the Medicare program for payment. Dr. Sattar’s decision to order these laboratory tests was based in part on True Health’s payment of “process and handling fees” to ODS, in violation of the Anti-Kickback Statute.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
In connection with this scheme, Sultan Sattar, 64, and Bibi Zabeda Sattar, 61, of Fort Worth, Texas, and Jeffrey Paul Cornwell, a/k/a "Boomer," 43, of McKinney, Texas, were indicted by a federal grand jury on December 11, 2019. If convicted, the Sattars and Cornwell each face up to 5 years in federal prison.
“A pillar of our medical system is trust between a patient and a physician,” said U.S. Attorney Stephen J. Cox. “The Eastern District of Texas is committed to protecting that trust and ensuring that those whose medical judgment is corrupted by illegal financial agreements are held accountable.”
The civil settlement was the result of an investigation by the Commercial Litigation Branch of the Justice Department’s Civil Division, OIG-HHS, DCIS, and the U.S. Attorney’s Office for the Eastern District of Texas. The case is being handled by Assistant U.S. Attorneys James Gillingham and Adrian Garcia.
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).
Monmouth County Man Charged with Filing False Tax ReturnRead the Press Release
NEWARK, N.J. – A Monmouth County, New Jersey, man was charged today for subscribing to a false tax return, U.S. Attorney Craig Carpenito announced.
Steven Bryce, 50, of Monmouth County, New Jersey, is charged by complaint with subscribing to a false tax return for tax year 2013. A summons was issued for Bryce to appear before a U.S. Magistrate Judge in Newark federal court at a time to be scheduled.
According to the complaint:
In 2013, Bryce operated a gambling business. On July 14, 2014, Bryce filed with the IRS U.S. Individual Income Tax Return, Form 1040, for the calendar year 2013 on behalf of himself and his spouse, which falsely stated that they had total income of $112,899. The 2013 Tax Return was not true and correct: Bryce received tens of thousands of dollars from his gambling business, and, as a result, had income substantially in excess of the amount he reported.
The charge of subscribing to a false tax return carries a maximum potential penalty of three years in prison and a maximum $250,000 fine.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez and special agents of the FBI, under the direction of Acting Special Agent in Charge Joe Denahan in Newark with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney J Fortier Imbert of the U.S. Attorney’s Office’s Special Prosecutions Division.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Mercer County Man Sentenced to Federal Prison for Sex OffenseRead the Press Release
BECKLEY, W.Va. – A Lashmeet man was sentenced to federal prison for a sex crime against a minor, announced United States Attorney Mike Stuart. Joshua Kevin Laxton, 29, was sentenced to 57 months in prison for travel in interstate commerce with the intent to engage in illicit sexual activity with a minor. Following his release from prison, Laxton will be required to serve 15 years of supervised release and will have to register as a sex offender.
“Horrific,” said United States Attorney Mike Stuart. “Crimes against children are the other pandemic. My prosecutors and our federal, state and local investigators are working tirelessly to protect West Virginia’s children from predators like Laxton. My office will prosecute child predators to the fullest extent of the law.”
Laxton previously admitted that on September 14, 2019, he began communicating via text messages with a minor he believed to be a 14-year-old girl located in Lewisburg. Despite knowing her age, Laxton discussed meeting the minor to engage in sexual intercourse. On November 1, 2019, Laxton drove through Virginia to meet the purported minor at an arranged meeting location in Lewisburg in order to engage in sexual intercourse.
The Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force, in partnership with the West Virginia State Police, conducted the investigation. United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Jennifer Rada Herrald handled the prosecution.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Maryland Federal Prosecutors Charge Two New Jersey Men with Federal Crimes Related to Multi-State Bank Fraud SchemeRead the Press Release
Baltimore, Maryland – Federal prosecutors in Maryland have filed a federal criminal complaint charging Dogar Singh, age 67, of Carteret, New Jersey, and Rehan Afridi, age 36, of West Deptford, New Jersey, on the federal bank fraud charges related to an alleged $10 million multi-state bank fraud scheme involving 76 businesses, including BBQ Tonite and Al Madina Kabob, which are associated with the defendants. The complaints were signed on July 2, 2020, and were unsealed at their initial appearances today.
The federal charges were announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Bo Keane of the United States Secret Service - Baltimore Field Office.
According to the affidavit filed in support of the criminal complaint, in October 2019, BBQ Tonite and Al Madina Kabob were identified as being part of a ring of 76 suspect merchants in Maryland, Michigan, New York, New Jersey, and Virginia, that engaged in a refund fraud/invalid authorization scheme where fraudulently authorized refunds were sent to debit cards linked to bank accounts associated with the suspect merchants. As part of the scheme, multiple suspect businesses refunded the same debit cards. Over the course of fraud scheme, 2,426 credit or debit card transactions were executed totaling $10,782,047. The loss associated with Al Madina Kabob alone is alleged to be at least $470,000.
The affidavit further alleges that in April 2019, Singh and Afridi opened multiple business and personal accounts at TD Bank. Just a few days later, those accounts received large deposits from Al Madina Kabob, totaling $776,900. Although those deposits were ultimately rejected by TD Bank as fraudulent, Singh and Afridi allegedly withdrew or transferred approximately $232,152.40 before the funds were returned. Prior to the bank’s rejection of the deposits as fraudulent, Singh and Afridi were seen withdrawing cash at cash windows at casinos in Maryland, Delaware, and Pennsylvania as well as issuing checks and conducting cash withdrawals from Automated Teller Machines.
If convicted, Singh and Afridi each face a maximum sentence of 30 years in federal prison for conspiracy to commit bank fraud. 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. At today’s initial appearance in U.S. District Court in New Jersey, U.S. Magistrate Judge Lois Goodman ordered that Singh and Afridi be released pending trial and that they appear in U.S. District Court in Maryland on the charges on July 15, 2020.
A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the U.S. Secret Service for their work in the Maryland investigation, and recognized U.S. Attorney for the Eastern District of Virginia Zachary Terwilliger, the U.S. Attorney for the District of New Jersey Craig Carpenito, the U.S. Postal Inspection Service in New Jersey, and the FBI in Virginia, whose offices also participated in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Judson T. Mihok and Molissa H. Farber, who are prosecuting the Maryland case.
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Man Who Shot Firearm Inside West Palm Beach VA Medical Center Committed to 25 Years in CustodyRead the Press Release
West Palm Beach, Fl. – Today, federal district judge Kenneth A. Marra committed a man who fired gunshots inside a West Palm Beach VA Medical Center to the custody of the U.S. Attorney General for 25 years of mental health care and treatment at a suitable medical facility. The commitment is a provisional sentence for sixty-year old defendant Larry Ray Bon, a former West Palm Beach resident. If during Bon’s commitment, it is determined that he no longer needs treatment, Bon will reappear in federal court, where a judge will sentence him to a federal prison term of between 12.5 and 25 years. Lawyers for the U.S. and Bon jointly recommended this provisional sentence arrangement for the defendant.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI’s Miami Field Office, and David Spilker, Special Agent in Charge, Veterans Affairs Office of Inspector General, made the announcement.
According to court records, Bon brought the firearm and ammunition to the emergency room of the Department of Veterans Affairs Medical Center in West Palm Beach, Florida. When he became frustrated with medical staff, Bon retrieved the firearm from his wheelchair, and fired several shots. He placed VA Medical Center employees in fear for their lives, including two employees who were near Bon. An emergency room doctor attempted to disarm Bon, who fired the gun again, hitting the doctor in the neck. Despite being injured, the doctor was still able to disarm Bon. VA Medical Center staff then subdued Bon. The doctor survived the gunshot wound.
On March 13, 2020, Bon pleaded guilty to three counts of Assaulting, Resisting, or Impeding Federal Employees, and one count of Possession of a Firearm in a Federal Facility with Intent to Commit a Crime. Federal law allows for a provisional sentence that commits a defendant to the custody of the Attorney General for treatment where a judge “finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect and that he should, in lieu of being sentenced to imprisonment, be committed to a suitable facility...” 18 U.S.C. §4244 (d).
“When U.S. military veterans walk through the doors of a VA medical clinic for healing, they should feel comfort and hope, not fear of violence,” said Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida. “We are committed to protecting our cherished veterans and the dedicated employees of the South Florida VA medical clinics who treat them.”
“As detailed in the plea agreement and subsequent sentence, Bon’s dangerous actions injured VA employees and risked the safety and well-being of veterans. VA OIG is committed to holding accountable anyone who commits an act of violence at a VA facility and ensuring that both veterans and employees have a safe environment to obtain quality healthcare," said David Spilker, Special Agent in Charge, Veterans Affairs Office of Inspector General.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI and VA OIG. Assistant U.S. Attorneys Susan Osborne and Rinku Tribuiani prosecuted this case. Assistant U.S. Attorney Danielle Croke is handling the asset forfeiture aspects of the case.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
For more information on the U.S. Attorney’s Office for the Southern District of Florida, visit https://www.justice.gov/usao-sdfl
Littleton Woman Sentenced for Selling Fraudulently Obtained Items on eBay and Not Declaring Income with the IRSRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Kristin Martin, age 39, of Littleton, Colorado, was sentenced to serve 33 months in federal prison followed by 3 years of supervised release for mail fraud and tax evasion related to selling fraudulently obtained items on eBay. Martin was also ordered to pay $872,337.68 in restitution for the fraud to her former employer and $161,864 to the IRS for the tax evasion.
The Denver Division of the FBI, the IRS—Criminal Investigation, and the United States Postal Inspection Service joined in this announcement.
According to the information and the stipulated facts contained in the plea agreement, Martin worked as an executive assistant for her employer. She was provided with a unique identification and password to purchase supplies from Staples. Her company used various cost centers to track internal expenses, and ordinarily an employee could only designate the cost center affiliated with the specific department they worked in when ordering items through the Staples website. However, if an employee transferred positions or responsibilities, the employee obtained access to a new cost center without losing access to the prior assignment’s cost center.
Between January 2013 and December 2016, Martin used her identification and password to fraudulently order unauthorized items such as I-Pads, Apple TVs, Kindles, and other items which she kept and then resold on eBay for her own profit. These fraudulent purchases caused a loss of $864,441.11 to her employer. Martin was able to facilitate this scheme by intentionally assigning the fraudulent purchases to 23 different cost centers so each one would be less likely to notice the fraudulent charges. Martin also used her company’s Federal Express account to ship the fraudulently purchased items to her buyers.
Over the course of this scheme, Martin received at least $571,725.61 from the resale of the fraudulently ordered items. Martin did not provide her personal accountant with information regarding the online sales until she received a notice of additional income from the IRS. At that time, she provided her accountant false information regarding the cost of goods sold and other expenses she did not incur in order to significantly reduce her income tax liability. Based on this false information, her accountant then prepared a false and fraudulent 2014 amended tax return that was filed with the IRS.
“Ms. Martin not only stole from her employer, she stole from all of us as taxpayers” said U.S. Attorney Jason Dunn. “Thanks to the FBI, IRS-CI, USPIS and the team in my office, she was caught and will now have time in a federal prison to contemplate the harm that this type of behavior does.”
“Even when confronted with additional income generated from her theft, Kristen Martin chose to falsify information to limit her tax liability at the expense of American taxpayers,” said IRS-Criminal Investigation Special Agent in Charge Andy Tsui. “Now Martin will reap the reward of defrauding her employer and the public by serving time in prison.”
“Ms. Martin's sentencing should illustrate the FBI and our partners will aggressively investigate those criminals who take advantage of unsuspecting victims in order to enrich themselves,” said FBI Denver Special Agent in Charge Michael Schneider. “We are thankful to our partners at the U.S. Attorney's Office, Internal Revenue Service, and USPIS for their diligence and hard work in this investigation.”
“This is a great example of a joint investigation in which the financial footprint of this defendant bore an opportunity for multiple federal law enforcement agencies to bring their collective investigative strengths together for a successful prosecution,” said Ruth M. Mendonça, U.S. Postal Inspector in Charge of the Denver Division. “Postal Inspectors have been investigating mail fraud since the law’s inception in 1872, and we will never relent in our search for justice for fraud victims,” Mendonça said.
This case was investigated by Internal Revenue Service – Criminal Investigation, the Denver Division of the FBI, and the United States Postal Inspection Service. The case was prosecuted by Assistant United States Attorney Pegeen Rhyne.
The sentence was pronounced by U.S. District Court Judge Christine M. Arguello. Martin was charged by Information on January 14, 2020, and pleaded guilty to the charges on March 5, 2020.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 20-cr-0016.
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.
Laurel Woman Facing Federal Charges for Three Separate Fraud Schemes Involving Bank and Wire Fraud, Aggravated Identity Theft, and Illegal Possession of Stolen MailRead the Press Release
Greenbelt, Maryland – A federal criminal complaint has been filed charging Justina Elena Olivero, a/k/a Justina Guzman, age 33, of Laurel, Maryland for bank fraud, wire fraud, aggravated identity theft, and unlawful possession of stolen mail. The criminal complaint was filed on July 1, 2020 and was unsealed at her initial appearance today.
The criminal complaint was announced by United States Attorney for the District of Maryland Robert K. Hur; Postal Inspector in Charge Peter R. Rendina of the U.S. Postal Inspection Service - Washington Division; Chief Marcus Jones of the Montgomery County Police Department; and Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore.
According to the affidavit filed in support of the criminal complaint, beginning in at least August 2017 and continuing through May 2020, Olivero allegedly orchestrated three separate fraud schemes involving multiple victims and losses of more than $142,000. The affidavit alleges that the fraud schemes included: 1) an identity theft scheme in which stolen checks were deposited into various bank accounts and then the money was withdrawn by Olivero; (2) a credit card fraud scheme in which Olivero impersonated American Express customers, ordered emergency replacement cards in those customers’ names, and had those cards mailed to her addresses; and (3) while working at a criminal defense law firm, Olivero fraudulently posed as an attorney and convinced the law firm’s clients to send her money for services she could not and did not provide.
For example, as detailed in the affidavit, in June 2018, the Montgomery County Police Department (MCPD) received a complaint of check forgery and mail theft from Victim 1, a resident of Bethesda, Maryland. On December 29, 2017, Victim 1 mailed a check for $27,000 made payable to the Montgomery County Government for property taxes. Approximately six months later, Victim 1 learned the Montgomery County Government never received this check. In fact, Victim 1’s check was altered and deposited into a TD Bank account opened in the names of Victim 2 and Victim 3 with an address in Laurel, Maryland, where Olivero was a resident. Two additional stolen checks were also found to have been deposited into that account. Investigators interviewed Victim 2 and Victim 3, a married couple, at their residence in Potomac, Maryland and the victims reported that they did not open or authorize the opening of the account.
According to TD Bank records, there were two cash withdrawals from the account, on May 30 and June 6, 2018, each for $5,000, and both withdrawal slips were signed “Justina Guzman.” Two checks were also issued from the account on May 28 and May 29, 2018, each for $1,750. Investigators learned that Olivero provided both checks as payment for a rental property located in Laurel.
On September 14, 2018, law enforcement officers executed a state search warrant at Olivero’s Laurel residence and recovered stolen mail consisting of blank convenience checks; bank, credit card, and investment account statements belonging to victims residing in Potomac, Maryland; two Apple iPhones (including an iPhone X), one Apple iPad, and one HP laptop; credit/debit cards and numerous bank statements in the name of “Justina Guzman” and “Justina Olivero”; and a spiral notebook containing handwritten notes of victims’ names, addresses, social security numbers, and dates of birth, including the personal identifying information (“PII”) of Victim 2 and Victim 3. Law enforcement officers also obtained and reviewed statements from six bank accounts allegedly associated with Olivero. Twenty-three personal checks totaling $102,276.49 and involving seventeen victims were deposited into these six accounts and another account maintained by Olivero. Once the stolen checks were deposited, approximately $102,276.49 was subsequently depleted from the accounts through ATM cash withdraws, online transfers, and debit card purchases.
In addition to stealing and altering checks, Olivero used stolen identities to order replacement American Express (“AMEX”) credit cards in the names of individuals without the account holders’ knowledge or consent. Olivero then directed those credit cards to addresses associated with Olivero.
According to the affidavit, in August 2017, an unknown individual purporting to be Victim 16 contacted AMEX to request an emergency card replacement (“ECR”). AMEX issued an ECR in Olivero’s name, using a shipping address in Laurel which was a residence of Olivero’s. In January 2018, an unknown individual contacted AMEX to add Olivero’s name to Victim 16’s account and subsequently requested another ECR. AMEX issued the ECR and delivered it, via FedEx, to another residence of Olivero’s. Also in January 2018, seven emergency replacement cards for Victim 17 were shipped to this residence. Five of the ECRs that were sent had an unlimited credit limit, and two of the ECRs that were sent had credit limits of $14,500 each. The calls requesting the ECRs came from a number associated with Olivero’s Apple iPhone seized during the search on September 14, 2018.
Finally, during the Fall of 2018, Olivero agreed to work at a law firm in exchange for legal services from the firm and Individual 3. Unbeknownst to the law firm or Individual 3, Olivero used her employment with the law firm to hold herself out as an attorney in order to fraudulently obtain money from victims by providing services and obtaining their PII. In total, as part of this scheme, victims provided approximately $13,000 in payments directly to Olivero.
If convicted, Olivero faces a maximum sentence of 30 years in federal prison for bank fraud; a maximum of 20 in federal prison for wire fraud; a maximum of five years in federal prison for possession of stolen mail; and a mandatory two years in federal prison, consecutive to any other sentence, for aggravated identity theft. 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. At today’s initial appearance in U.S. District Court in Greenbelt, U.S. Magistrate Judge Gina L. Simms ordered that Olivero be detained pending trial.
A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the U.S. Postal Inspection Service, the Montgomery County Police Department, and HSI for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Erin B. Pulice and Rajeev Raghavan, who are prosecuting the case.
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Justice Department Settles with Florida-Based Promotional Products Distributor and Retailer to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it reached a settlement with Bel USA LLC (Bel USA), an online distributor and retailer of customized promotional products located in Miami-Dade County, Florida. The settlement resolves claims that Bel USA discriminated against work-authorized non-U.S. citizens by requiring them to provide specific and unnecessary immigration documents when verifying their work authorization, because of their citizenship or immigration status.
“Employers must ensure that their employees are properly trained regarding the employment eligibility verification process so that they do not violate federal law by requiring additional, unnecessary work authorization documents based on a worker’s citizenship status,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We look forward to working with Bel USA to ensure its future compliance with the Immigration and Nationality Act’s non-discrimination requirements governing hiring, firing, onboarding, and using E-Verify.”
Based on its investigation, the department concluded that Bel USA routinely requested unnecessary and specific documents — such as Permanent Resident Cards and Employment Authorization Documents — from work-authorized non-U.S. citizens with the right to work in the U.S. to establish their employment authorization. Federal law allows all work-authorized individuals, regardless of citizenship status, to choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States. The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status or national origin.
Under the terms of the settlement agreement, Bel USA will pay a civil penalty of $100,000, train its employees about the requirements of the INA’s anti-discrimination provision, and be subject to reporting and monitoring requirements.
The division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
The Civil Rights Division wants to hear about civil rights violations. Members of the public can report possible civil rights violations through the Civil Rights Division’s reporting portal.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
Honduran Man Sentenced for Illegal Possession of a FirearmRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced today that Erick Bautista Irias-Zepeda, 22, a citizen of Honduras, was sentenced by U.S. District Judge Michael J. Juneau to serve 12 months in federal prison for being an illegal alien in possession of a firearm. Irias-Zepeda pled guilty on January 16, 2020. Following his release from prison, Irias-Zepeda will be subject to deportation proceedings.
Irias-Zepeda was indicted in November 2019 with one count of possession of a firearm by an illegal alien. The charge stemmed from his August 9, 2019, arrest by Lafayette Police Department officers, following a stop of the vehicle in which Irias-Zepeda was a passenger. Officers found a Smith & Wesson .40 caliber handgun, 12 rounds of .40 caliber ammunition, and approximately one gram of marijuana on the passenger floorboard inside the vehicle. Irias-Zepeda stated that he had purchased the firearm three weeks earlier for $200, admitted that he was illegally present in the United States, and that he knew he was not allowed to possess a firearm.
Homeland Security Investigations (HSI) and Lafayette Police Department investigated the case. Assistant U.S. Attorney David J. Ayo prosecuted the case.
This case was brought as part of the Project Safe Neighborhoods (PSN) initiative. PSN is a program that has been historically successful in bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. PSN plays a major role in the Department of Justice’s violent crime reduction strategy. 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. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
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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.
Government Reaches One Million Dollar Settlement in Healthcare Fraud MatterRead the Press Release
SAN JUAN, Puerto Rico – On Wednesday, July 1, 2020, the U.S. District Court entered a civil Consent Judgment against defendants William J. Cruz and Medscan, P.S.C. whereby the defendants agreed to pay one million dollars to the United States resulting from an investigation conducted by the Department of Health and Human Services, Office of Inspector General and the FBI, announced U.S. Attorney for the District of Puerto Rico, W. Stephen Muldrow.
The Consent Judgment follows the U.S. Attorney’s Office’s filing of a civil complaint in the United States District Court under the False Claims Act against Dr. William Cruz and Medscan, P.S.C. for allegations that the defendants submitted false claims to Medicare at times in which Dr. William Cruz’ Medicare billing privileges had been revoked. The False Claims Act allows the United States, in cases such as this, to obtain significant monetary recoveries in the form of restitution and penalties, while serving as a strong deterrent against fraud.
“This case underscores the collaborative efforts employed by the U.S. Attorney’s Office, in coordination with HHS-OIG and the FBI to hold corporate entities and individuals accountable and to protect the integrity of federal healthcare programs, specifically Medicare funds,” said U.S. Attorney Muldrow. “Our office will continue to investigate healthcare fraud matters, and will aggressively pursue those who attempt to defraud the United States.”
“The safeguarding of Medicare and Medicaid funds against fraud, waste, and abuse will continue to be a top priority of our agency,” said Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Regional Office (HHS-OIG). “HHS-OIG and its law enforcement partners will continue to aggressively pursue those providers who submit false claims to taxpayer funded federal health care programs.”
“The FBI will work tirelessly and diligently with our partners to bring justice and reparations to those who have been wronged. Today’s results exemplify that ideal”, said Special Agent In-Charge of the Federal Bureau of Investigations (FBI) San Juan Field Office, Rafael A. Riviere Vázquez. President Harry S. Truman best described it when he said, “It is amazing what you can accomplish if you do not care who gets the credit.” SAC Riviere Vázquez also recognized and thanked its partners from our the USAO-PR and HHS-OIG, who worked hand in hand to bring this case to fruition, and reiterate FBI’s commitment to the collective effort in the fight against Fraud.
This case was prosecuted by Assistant U.S. Attorney Rafael J. López Rivera, Civil Health Care Fraud Coordinator, at the U.S. Attorney’s Office, in conjunction with HHS-OIG and the FBI.
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Gainesville Man Pleads Guilty to Sexual Exploitation of a MinorRead the Press Release
SPRINGFIELD, Mo. – A Gainesville, Missouri, man pleaded guilty in federal court today to coercing and enticing a teenage victim to engage in illicit sexual activity.
Tracy Todd Presson, 54, pleaded guilty before U.S. Chief Magistrate Judge David P. Rush to one count of the sexual exploitation of a minor and to one count of the coercion and enticement of a minor.
By pleading guilty today, Presson admitted that he produced child pornography, using a child victim, identified in court documents as Jane Doe 1, by recording him and Jane Doe 1 engaging in sexually explicit activity on multiple occasions. Presson also admitted that he used FaceTime to coerce and entice Jane Doe 1 to engage in sexually explicit activity. When law enforcement officers executed a search warrant at Presson’s residence on Oct. 3, 2018, they found a SanDisk 32GB SD card that contained child pornography, including 165 images and 68 videos of Jane Doe 1 engaged in sexually explicit activity.
Under federal statutes, Presson is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Ami Harshad Miller and Byron Black. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Southwest Missouri Cyber Crimes Task Force, the Ozark County, Mo., Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States 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 more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Four Supervisory Correctional Officers at Angola Prison Sentenced for Beating a Handcuffed and Shackled InmateRead the Press Release
Four former supervisory correctional officers at Louisiana State Penitentiary in Angola, Louisiana — Daniel Davis (43), Scotty Kennedy (52), John Sanders (34), and James Savoy, Jr. (42) — were sentenced on July 2, for their roles in assaulting an inmate who was handcuffed, shackled, and not resisting, and for conspiring to cover up their misconduct by devising a false cover story, submitting false reports documenting that cover story, tampering with witnesses, and lying under oath.
Kennedy, Sanders, and Savoy each pleaded guilty, and Davis was convicted in one trial of the obstruction and in another trial of the beating. At Davis’s trials, Kennedy and Sanders, among other officers, testified for the government and described the abuse and the extensive cover up.
The trial evidence established that Davis initiated the beating by yanking the inmate’s leg chains, causing the inmate to fall face-first onto the concrete breezeway. At that point, Davis and other officers punched, kicked, and stomped on the inmate, leaving the inmate with a dislocated shoulder, a hematoma, a collapsed lung, and broken ribs. Davis later ordered his subordinate officers to cover up the beating by falsifying reports, fabricating prison records, and lying to investigators.
District Judge John W. deGravelles sentenced Davis, the ringleader of the beating and cover up, to 110 months of imprisonment. Sanders and Savoy were sentenced to 18 months of imprisonment, and 24 months of imprisonment, respectively. Kennedy, the least culpable officer, was sentenced to a 14 month term of probation during which he will be required to team up with the FBI to give presentations to federal, state, and local correctional officers about the consequences of using excessive force and falsifying reports.
“The Justice Department does not tolerate assault by correctional officers of the people they are charged with protecting,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The division works tirelessly to protect the civil rights of all citizens.”
“Corrections officers are sworn to protect those within our prison systems,” said Brandon J. Fremin U.S. Attorney for the Middle District of Louisiana. “Those officers who carry out vicious attacks such as this strip citizens of their basic civil rights and dishonor the work of honest law enforcement officers. The sentences handed down today serve as an example of officials being held accountable for violations of the public trust that was placed in them.”
"Along with our partners, the FBI will aggressively investigate allegations wherein correctional officers abuse their position of power and authority over prisoners to deny them their constitutional right to be free from cruel and unusual punishment,” said Special Agent in Charge Bryan Vorndran. “The FBI is appreciative of its partnerships with the Office of the State Inspector General, the Louisiana Department of Corrections and especially the Investigative Support Unit at the Louisiana State Penitentiary, to root out correctional officers who choose to break the law and physically abuse restrained inmates.”
“The rule of law suffers the most whenever those in positions of trust abuse that trust,” said Louisiana Inspector General Stephen Street. “This is especially true of corrections officers, who are given great power over inmates. Beating a handcuffed and shackled inmate, as these defendants did, is a clear violation of the law and the United States Constitution, and can never be tolerated. Together with our law enforcement partners, we will continue to relentlessly pursue these cases whenever and wherever they may arise. I want to thank U.S. Attorney Brandon Fremin and his staff, the U.S. Department of Justice-Civil Rights Division, as well as the FBI and Department of Corrections for their work on this case.”
The internal investigation into this incident, which resulted in the termination of all four officers, was led by Colonel Michael Vaughn and Captain Doug McDonald of Angola Prison’s Investigative Services Unit. The federal investigation was led by the FBI’s Baton Rouge Resident Agency Office, with assistance from the Louisiana State Inspector General’s Office. The federal case was tried by Special Litigation Counsel Christopher J. Perras and Trial Attorneys Zachary Dembo and Anita Channapati of the Civil Rights Division’s Criminal Section in partnership with Assistant U.S. Attorney Frederick A. Menner, Jr. of the Middle District of Louisiana.
Four Supervisory Correctional Officers at Angola Prison Sentenced for Beating a Handcuffed and Shackled InmateRead the Press Release
Four former supervisory correctional officers at Louisiana State Penitentiary in Angola, Louisiana — Daniel Davis (43), Scotty Kennedy (52), John Sanders (34), and James Savoy Jr. (42) — were sentenced on July 2, for their roles in assaulting an inmate who was handcuffed, shackled, and not resisting, and for conspiring to cover up their misconduct by devising a false cover story, submitting false reports documenting that cover story, tampering with witnesses, and lying under oath.
Kennedy, Sanders, and Savoy each pleaded guilty, and Davis was convicted in one trial of the obstruction charges and in another trial of the beating charge. At Davis’s trials, Kennedy and Sanders, among other officers, testified for the government and described the abuse and the extensive cover up.
The trial evidence established that Davis initiated the beating by yanking the inmate’s leg chains, causing the inmate to fall face-first onto the concrete breezeway. At that point, Davis and other officers punched, kicked, and stomped on the inmate, leaving the inmate with a dislocated shoulder, a hematoma, a collapsed lung, and broken ribs. Davis later ordered his subordinate officers to cover up the beating by falsifying reports, fabricating prison records, and lying to investigators.
District Judge John W. deGravelles sentenced Davis, the ringleader of the beating and cover up, to 110 months of imprisonment. Sanders and Savoy were sentenced to 18 months of imprisonment, and 24 months of imprisonment, respectively. Kennedy, the least culpable officer, was sentenced to a 14 month term of probation during which he will be required to team up with the FBI to give presentations to federal, state, and local correctional officers about the consequences of using excessive force and falsifying reports.
“The Justice Department does not tolerate assault by correctional officers of the people they are charged with protecting,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The division works tirelessly to protect the civil rights of all citizens.”
“Corrections officers are sworn to protect those within our prison systems,” said Brandon J. Fremin U.S. Attorney for the Middle District of Louisiana. “Those officers who carry out vicious attacks such as this strip citizens of their basic civil rights and dishonor the work of honest law enforcement officers. The sentences handed down today serve as an example of officials being held accountable for violations of the public trust that was placed in them.”
“Along with our partners, the FBI will aggressively investigate allegations wherein correctional officers abuse their position of power and authority over prisoners to deny them their constitutional right to be free from cruel and unusual punishment,” said Special Agent in Charge Bryan Vorndran. “The FBI is appreciative of its partnerships with the Office of the State Inspector General, the Louisiana Department of Corrections and especially the Investigative Support Unit at the Louisiana State Penitentiary, to root out correctional officers who choose to break the law and physically abuse restrained inmates,”
“The rule of law suffers the most whenever those in positions of trust abuse that trust,” said Louisiana Inspector General Stephen Street. “This is especially true of corrections officers, who are given great power over inmates. Beating a handcuffed and shackled inmate, as these defendants did, is a clear violation of the law and the U.S. Constitution, and can never be tolerated. Together with our law enforcement partners, we will continue to relentlessly pursue these cases whenever and wherever they may arise. I want to thank U.S. Attorney Brandon Fremin and his staff, as well as the FBI and Department of Corrections for their work on this case.”
The internal investigation into this incident, which resulted in the termination of all four officers, was led by Colonel Michael Vaughn and Captain Doug McDonald of Angola Prison’s Investigative Services Unit. The federal investigation was led by the FBI’s Baton Rouge Resident Agency Office, with assistance from the Louisiana State Inspector General’s Office. The federal case was tried by Special Litigation Counsel Christopher J. Perras and Trial Attorneys Zachary Dembo and Anita Channapati of the Civil Rights Division’s Criminal Section in partnership with Assistant U.S. Attorney Frederick A. Menner Jr. of the Middle District of Louisiana.
Entrepreneur and Pharmaceutical Company Executive Sentenced for Role in International Insider Trading SchemeRead the Press Release
Audrey Strauss, Acting United States Attorney for the Southern District of New York, announced that TELEMAQUE LAVIDAS, an entrepreneur and pharmaceutical company executive, was sentenced on July 2 to one year and one day in prison for his role in an international insider trading scheme. LAVIDAS was convicted after trial in January 2020 of insider trading offenses for stealing inside information that he obtained from his father, a member of the board of directors of a pharmaceutical company, and illegally tipping his close friend and co-defendant Georgios Nikas with that inside information. The sentence was imposed by United States District Judge Denise Cote.
Acting U.S. Attorney Audrey Strauss said: “Telemaque Lavidas was the pipeline for material nonpublic information he illegally relayed from his father to his friend, a scheme that earned its participants more than $15 million in illicit profits.”
According to the Superseding Indictment, evidence presented at trial, statements made in open court, and court filings:
By 2013, Athanase Lavidas, the father of TELEMAQUE LAVIDAS, was a prominent Greek businessman and was a member of the board of directors of Ariad Pharmaceuticals, Inc. (“Ariad”), a pharmaceutical company headquartered in Cambridge, Massachusetts, that developed and marketed a leukemia medication named Iclusig. In violation of his duties of confidentiality to Ariad, Athanase Lavidas provided TELEMAQUE LAVIDAS with tips about three major corporate developments at Ariad. On each of those occasions, TELEMAQUE LAVIDAS provided that inside information to his close friend Georgios Nikas so that Nikas could make timely, profitable trades ahead of Ariad’s public announcements.
The first tip was in October 2013, when Athanase Lavidas learned that the U.S. Food and Drug Administration (“FDA”) was concerned about adverse health issues for patients using a newly approved cancer drug called Iclusig. Athanase Lavidas contacted TELEMAQUE LAVIDAS to pass this secret information, and TELEMAQUE LAVIDAS passed that tip to Georgios Nikas, who had previously amassed a large long position in Ariad securities. After receiving the inside information from TELEMAQUE LAVIDAS, Nikas sold his Ariad securities and took a substantial short position. When Ariad publicly announced the patient safety issues, its stock declined by over 65% and Nikas made over $3.2 million in profits and avoided almost $800,000 in losses. Ariad discontinued sales of Iclusig later in October.
The second tip was in November and December 2013, when Athanase Lavidas learned that Ariad and the FDA were making significant progress toward returning Iclusig to the market. Athanase Lavidas passed this secret information to TELEMAQUE LAVIDAS, who in turn passed the tips to Georgios Nikas. Nikas bought Ariad securities based on these tips, and when Ariad publicly announced at the end of December that Iclusig was returning to the market, its stock rose and Nikas made over $1.3 million in profits.
The third tip was in July and August 2015, when Ariad received an unsolicited takeover offer from another pharmaceutical company. Again, Athanase Lavidas learned of the offer in his capacity as a board member, and informed TELEMAQUE LAVIDAS, who in turn passed the tip to Georgios Nikas. Nikas again bought Ariad securities based on this tip, and when a news article was published in late August reporting on the takeover offer, Ariad’s stock rose and Nikas made over $2 million in profits.
Nikas also passed the tips he received from TELEMAQUE LAVIDAS to a series of stock traders. In total, Nikas and the traders he tipped earned over $15 million in profits from the inside information that TELEMAQUE LAVIDAS provided.
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In addition to the prison term, LAVIDAS, 39, was ordered to pay restitution of $186,430.99 and a fine of $50,000.
Ms. Strauss praised the work of the Federal Bureau of Investigation and also thanked the Securities and Exchange Commission.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Richard Cooper and Daniel Tracer are in charge of the prosecution.
El Departamento de Justicia celebra un acuerdo con un distribuidor y minorista de productos promocionales con sede en La Florida que resuelve acusaciones de discriminación relacionada con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que había llegado a un acuerdo con Bel USA LLC (Bel USA), un distribuidor y minorista en línea de productos promocionales personalizados con sede en el Condado de Miami-Dade, Florida. El acuerdo resuelve acusaciones que Bel USA había discriminado a individuos con autorización para trabajar que no eran ciudadanos de los Estados Unidos al requerir que presentasen documentos migratorios específicios e innecesarios a la hora de comprobar su autorización para trabajar, por motivos de su estatus migratorio o de ciudadanía.
«Los empleadores deben asegurar que sus empleados sean capacitados adecuadamente en cuanto al proceso de verificación de la elegibilidad para trabajar para que no vulneren las leyes federales al requerir documentos innecesarios de autorización para trabajar por motivos del estatus de ciudadanía de un trabajador», declaró Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «Esperamos con interés colaborar con Bel USA para garantizar su futuro cumplimiento con los requisitos antidiscriminatorios de la ley de Inmigración y Nacionalidad que rigen la contratación, la incorporación y el despido de empleados, y el uso de E-Verify».
Con base en su investigación, el Departamento concluyó que Bel USA, de forma rutinaria, pedía documentos específicos e innecesarios, tales como tarjetas de residente permanente y documentos de autorización para trabajar, de individuos con autorización para trabajar que no eran ciudadanos de los EE. UU. con el fin de establecer su autorización para trabajar. Las leyes federales permiten a todo individuo con autorización para trabajar, independientemente de su estatus de ciudadanía, elegir los documentos válidos y legalmente aceptables que desean presentar para demostrar su elegibilidad para trabajar en los Estados Unidos. La ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) prohíbe que los empleadores pidan documentos adicionales o diferentes a los necesarios para demostrar la autorización para trabajar con base en el estatus migratorio o de ciudadanía del empleado o bien por su nacionalidad de origen.
Conforme los términos del acuerdo conciliatorio, Bel USA pagará una sanción civil de 100.000 $, capacitará a sus empleados acerca de los requisitos de la disposición antidiscriminatoria de la INA y se someterá a una serie de requisitos de declaración y supervisión.
La Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés) de la División es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación con base en el estatus de ciudadanía y la nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; las prácticas documentales injustas; las represalias o la intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Para más información sobre protecciones contra la discriminación en el empleo, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe en correo electrónico a [email protected]; o visite las páginas web de la IER en inglés y español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery .
La División de Derechos Civiles quiere enterarse de más vulneraciones de derechos civiles. Miembros del público pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.
Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o deben llamar a la línea directa de la IER para trabajadores para pedir ayuda.
Download Settlement Agreement
Componente(s):
División de Derechos Civiles
Derechos Civiles - Sección de Derechos de Inmigrantes y Empleados
Dubuque Couple Sentenced to Federal Prison after Stealing Hundreds of Thousands of Dollars from Man’s Elderly MotherRead the Press Release
A married Dubuque couple who stole over $200,000 from the husband’s elderly mother were each sentenced today to two years in federal prison. H. David Derby, age 66, and Patti Lynn Derby, age 52, received the prison terms after each pled guilty on September 23, 2019 to one count of wire fraud.
In their plea agreements and at their sentencing hearings, the evidence showed that the Derbys stole over $200,000 from H. David Derby’s mother between September 2013 and September 2017. The victim was an elderly widow and former school teacher who resided in an assisted living facility in Dubuque. She suffered from mental and physical disabilities and was unable to manage her own financial affairs or care for herself.
The Derbys used various legal forms, including two powers of attorneys, to gain access to the victim’s bank account and carry out their fraud scheme. After transferring money out of the victim’s account on the false pretense that the Derbys would use the funds for her benefit, the Derbys used those funds for their own purposes, including tickets to a rock concert. By October 1, 2017, the Derbys had spent all of the victim’s funds and she was no longer able to afford her assisted living facility and was forced to move into the Derbys’ home. Over the next three months, the victim lost over 23 pounds, broke her wrist, and was hospitalized. The victim later died in March 2020.
“The Derbys’ treatment of the victim in this case is appalling,” said United States Attorney Peter Deegan. “They took advantage of an elderly woman with mental and physical disabilities for their own selfish personal gain. The United States Attorney’s Office will hold accountable those who abuse positions of trust to steal from the most vulnerable members of our community. But I urge everyone to do their part by carefully attending to family and friends to prevent the elderly from becoming victims of fraud.”
The Derbys were sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. H. David Derby was sentenced to 26 months’ imprisonment. Patti Derby was sentenced to 24 months’ imprisonment. They were ordered to make over $211,621.41 in restitution. Each must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
The prosecution of the Derbys is part of the Department of Justice’s Elder Abuse Initiative. In March 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of ten districts nationwide to launch regional Elder Justice Task Forces. The Elder Justice Task Forces reflect the department’s larger strategy and commitment to protecting our nation’s seniors, spearheaded by the department’s Elder Justice Initiative. The Elder Justice Initiative coordinates and supports the Department’s law enforcement efforts and policy activities on elder justice issues. It plays an integral role in the department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries. The United States Attorney’s Office for the Northern District of Iowa has rededicated its efforts and resources to investigate and hold accountable those who have been involved in activities incompatible with ensuring that the state’s more vulnerable citizens are treated with dignity and respect.
The charges also were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
The Derbys were released on the bond previously set. H. David Derby was ordered to surrender to the United States Marshal in two weeks’ time. Patti Lynn Derby was ordered to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Dubuque Police Department and the Federal Bureau of Investigation. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 19-CR-1035. Follow us on Twitter @USAO_NDIA.
Chico Man Sentenced to 14 Years in Prison for Sex Trafficking of a Minor and Distribution of Methamphetamine to a MinorRead the Press Release
SACRAMENTO, Calif. — Christopher Ramonaguilar Lawrence, 25, of Chico, was sentenced today to 14 years in prison for sex trafficking of a minor and distribution of methamphetamine to a person under 21, U.S. Attorney McGregor W. Scott announced.
According to court documents and evidence presented at trial, in July and August 2017, Lawrence recruited a then 17-year-old girl to engage in prostitution for his financial benefit. Lawrence used social media to communicate with the victim, and on two occasions, he lured the victim to Chico motel rooms where he gave the victim methamphetamine, explained the methods of his prostitution business, including how to detect and evade law enforcement, and continued to recruit the victim to work for him as a prostitute. After a seven-day trial, a federal jury found Lawrence guilty on Aug. 29, 2019.
“Sex trafficking can occur in any community, and it is an exploitive, abusive crime that treats human beings as mere commodities to be bought and sold,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “Our agents work closely with our local, state, and federal partners to identify individuals who are trafficking minors and adults for financial gain to disrupt this activity in the communities we serve. Today, as a result of our partnership with the Chico Police Department and Butte County Sheriff’s Office, an exploiter who entrapped his victim in a cycle of abuse and addiction will pay the penalty for his crimes, and those he exploited can take another step towards healing.”
This case was the product of an investigation by the Federal Bureau of Investigation, the Chico Police Department, and the Butte County Sheriff’s Office. Assistant U.S. Attorneys Brian A. Fogerty and Quinn Hochhalter prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Chicago Man Who Fired Gun into Murder Victim’s Grave During Burial Service Sentenced to 15 Years in Federal PrisonRead the Press Release
CHICAGO — A Chicago man who fired a gun into the grave of a murder victim during his burial service has been sentenced to 15 years in federal prison.
During the Nov. 22, 2017, service at Evergreen Cemetery in Evergreen Park, ELSTON STEVENSON drew a handgun and said words to the effect of, “You ain’t [expletive]. You got what you deserved.” Stevenson fired a single shot into the grave of the deceased man, who had been murdered two days earlier.
Stevenson then waved the gun in the direction of the mourners as he fled the service. He was arrested a short time later near the entrance of the cemetery.
Stevenson, 57, pleaded guilty to one count of illegal possession of a firearm by a previously convicted felon. U.S. District Judge John J. Tharp, Jr., imposed the 15-year sentence July 1, 2020, in federal court in Chicago.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Kristen deTineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives. Valuable assistance was provided by the Cook County State’s Attorney’s Office and the Evergreen Park Police Department.
“When a felon brings a loaded gun to a populated area and uses the gun to threaten and endanger strangers, this conduct will not be tolerated,” Assistant U.S. Attorney Cornelius A. Vandenberg argued in the government’s sentencing memorandum. “The mourners were all in the immediate vicinity of the defendant when he produced the loaded weapon and were placed in danger by the defendant’s reckless firing of the weapon into the gravesite.”
Holding illegal firearm possessors accountable through federal prosecution is a centerpiece of Project Guardian and Project Safe Neighborhoods (PSN) – the Department of Justice’s violent crime reduction strategies. Project Guardian focuses specifically on investigating, prosecuting, and preventing gun crimes, and it emphasizes the importance of using modern technologies to promote gun crime intelligence. In the Northern District of Illinois, U.S. Attorney Lausch and law enforcement partners have deployed the Guardian and PSN programs to attack a broad range of violent crime issues facing the district.
Brooklyn Man Indicted on Cultural Artifacts Smuggling ChargesRead the Press Release
An indictment has been returned in federal court in Central Islip, New York charging Ashraf Omar Eldarir, a U.S. citizen, with smuggling Egyptian cultural property into the United States. Eldarir was previously arrested on a complaint in February 2020 after arriving at John F. Kennedy International Airport (JFK) with three suitcases filled with undeclared Egyptian antiquities. Eldarir will be arraigned at a later date.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations (HSI), and Troy Miller, Director of Field Operations, U.S. Customs and Border Protection, New York Field Office (CBP), announced the indictment.
As set forth in court filings, on January 22, 2020, Eldarir arrived at JFK from Egypt with three checked suitcases. Eldarir falsely declared to U.S. Customs and Border Protection (CBP) that he was carrying goods valued at only 300 U.S. dollars. However, when CBP officers opened Eldarir’s suitcases they found 590 bubble and foam-wrapped Egyptian antiquities. When the protective wrapping was opened, loose sand and dirt spilled out, and some of the items smelled of wet earth, indicators that the artifacts had been recently excavated. Among the items recovered by law enforcement officers are gold amulets from a funerary set; a relief with the cartouche of a Ptolemaic king that was originally part of a royal building or temple; wooden tomb model figures with linen garments dating to approximately 1900 BCE; and two complete Roman period funerary stelae of the type found at Kom abu Bellou in Egypt. Eldarir did not produce any of the required documentation from Egypt authorizing the export of the artifacts. Eldarir was charged with one count of smuggling arising from this incident, and one count of smuggling involving an earlier trip in which he smuggled an ancient Egyptian polychrome relief.
“These cultural treasures traveled across centuries and millennia, only to end up unceremoniously stuffed in a dirt-caked suitcase at JFK,” stated United States Attorney Donoghue. “We commend our CBP and HSI partners for their excellent work and, with them, we stand ready to investigate and prosecute those who attempt to profit from the illegal smuggling of irreplaceable ancient artifacts.”
Eldarir’s alleged smuggling of 590 artifacts pillaged from Egypt is yet another example of an individual seeking to profit by stealing history from another nation,” stated HSI Special Agent-in-Charge Fitzhugh. “HSI New York continues to collaborate with our partners at CBP to stop the smuggling of illicit goods through the JFK airport and onto American soil.”
“U.S. Customs and Border Protection is extremely proud to have played an important role in the seizing of these Egyptian antiquities as this would be smuggler attempted to enter the country with his illegally obtained artifacts," stated CBP Director of Field Operations Miller. “CBP’s cooperation with HSI and the Eastern District of New York demonstrates the continuing resolve of law enforcement in the United States to address illegal trafficking in stolen artifacts.”
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Eldarir faces a maximum sentence of 20 years’ imprisonment on each count.
The government’s case is being handled by the Office’s General Crimes Section. Assistant United States Attorney Marietou Diouf is in charge of the prosecution. Cultural Property Coordinator Karin Orenstein of the Office’s Civil Division is handling forfeiture matters.
The Defendant:
ASHRAF OMAR ELDARIR (also known as “Omar Eldarir”)
Age: 47
Brooklyn, New YorkE.D.N.Y. Docket No. 20-CR-243 (LDH)
Berkeley County woman admits to willful retention of top secret national defense documents and international parental kidnappingRead the Press Release
WASHINGTON – Elizabeth Jo Shirley, of Hedgesville, West Virginia, has admitted to unlawfully retaining a document containing national defense information and committing international parental kidnapping, Assistant Attorney General John C. Demers and U.S. Attorney William J. Powell for the Northern District of West Virginia announced.
Shirley, 46, pled guilty to one count of “Willful Retention of National Defense Information” and one count of “International Parental Kidnapping.” Shirley admitted to unlawfully retaining a National Security Agency (NSA) document containing information classified at the TOP SECRET/SECRET COMPARTMENTED INFORMATION (“TS/SCI”) level relating to the national defense that outlines intelligence information regarding a foreign government’s military and political issues. Shirley also admitted to removing her child, of whom she was the non-custodial parent, to Mexico with the intent to obstruct the lawful exercise of the custodial father’s parental rights.
“When Shirley took classified information from her work with the Intelligence Community and later fled to Mexico, she violated the confidence placed in her by the American people,” said Assistant Attorney General for National Security John C. Demers. “She doubled down on this betrayal when she sought to offer classified information to the Russian government. We are grateful for our law enforcement partners’ timely work to locate and arrest the defendant in Mexico. Given Shirley’s troubling conduct after fleeing the United States, the damage to national security could have been far greater had law enforcement not acted swiftly. Shirley will now be held accountable for betraying the trust of the American people.”
“High level security clearance requires a commensurate level of trust. Shirley breached that trust and attempted to put our country at risk. National security is one of our highest priorities and always will be. Shirley will now face the consequences of her actions,” said William J. Powell.
"Federal government employees and contractors with high level security clearances pledge to protect classified information from foreign adversaries. It's an essential responsibility in guarding our country’s national security," said FBI Pittsburgh Special Agent in Charge Michael Christman. "Ms. Shirley had a duty to safeguard classified information. Instead, she chose to break the law and trust placed in her and made plans to pass national defense information to Russian officials, which could have put our citizens at risk. The FBI does not take these violations lightly and will work to hold wrongdoers accountable to keep our country safe."
Shirley served on active duty with the United States Air Force, and in August 1994, the Air Force granted Shirley her first TS/SCI security clearance. After leaving active duty, Shirley served in the United States Air Force Reserves and later in the United States Navy Reserves. While serving in the Air Force, she worked on assignments with the NSA. From May 2001 to August 2012, Shirley held various positions with the United States Navy’s Office of Naval Intelligence, the Department of Defense, the Department of Energy, the National Cyber Investigative Joint Task Force, and at least five different cleared defense contractors. In connection with these positions, Shirley held TOP SECRET/SCI security clearances at various times.
In July 2019, Shirley took her six-year-old daughter to Mexico with the intent to make contact with representatives of the Government of Russia to request resettlement in a country that would not extradite her to the United States. Shirley took with her to Mexico national defense information, which she had unlawfully retained. While in Mexico, Shirley prepared a written message to Russian Government officials, referencing “an urgent need” to have “items shipped from the USA related to [her] life’s work before they are seized and destroyed.”
On Aug. 13, 2019, the United States Marshals Service and Mexican law enforcement located Shirley and her daughter at a hotel in Mexico City. Mexican authorities arrested Shirley pursuant to an arrest warrant the West Virginia State Police (WVSP) had obtained on a charge of concealment of a minor from a custodian.
The Federal Bureau of Investigation (FBI) subsequently executed search warrants on numerous of Shirley’s electronic devices, including devices she took to Mexico in July 2019 and devices the FBI seized from her Martinsburg storage unit in August 2019. Pursuant to the search of the storage unit, the FBI located the NSA document underlying the Willful Retention of National Defense Information offense. In addition, pursuant to searches of the electronic devices, the FBI found an Office of Naval Intelligence PowerPoint presentation containing information classified at the SECRET level and messages Shirley had drafted to Russian Government officials while in Mexico, the latter of which the Central Intelligence Agency has determined to include information classified at the SECRET level.
Shirley faces up to ten years of incarceration and a fine of up to $250,000 for the national security charge and up to three years of incarceration and fine of up to $250,000 for the kidnapping charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Jarod J. Douglas and Lara K. Omps-Botteicher and Trial Attorney Evan N. Turgeon with the Department of Justice’s Counterintelligence and Export Control Section, National Security Division, are prosecuting the case on behalf of the government. The FBI and WVSP investigated. The Webster County Prosecuting Attorney’s Office cooperated in the investigation and prosecution of the case.
U.S. Magistrate Judge Robert W. Trumble presided.