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19 August 2020
Former Chattanooga Police Officer Sentenced to 20 Years in Prison for Sexual AssaultRead the Press Release
Desmond Logan, 35, a former officer with the Chattanooga Police Department (CPD), was sentenced by the Honorable Curtis L. Collier, U.S. District Court Judge in the Eastern District of Tennessee at Chattanooga.
Logan will serve 20 years in prison with three years of supervised release for crimes involving sexual misconduct while on duty. Logan previously pleaded guilty to two civil rights offenses on Sept. 12, 2019.
“The Department of Justice will vigorously prosecute officers who commit sexual assault,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “This case is a reminder that sexual assault allegations involving law enforcement officers should be fully investigated. The department will continue to take such allegations seriously and work to vindicate the Constitutional rights of those who are victimized by officers acting under color of law.”
“The actions of Desmond Logan jeopardized public safety and violated the trust of the citizens of Chattanooga he swore to protect. This case exhibits our continued efforts to prosecute those who would use their power to commit acts of violence and injustice against members of our community,” said U.S. Attorney J. Douglas Overbey of the Eastern District of Tennessee. “Our office will continue to stand by and protect the victims of such crimes.”
"Civil Rights violations, particularly when they involve a member of law enforcement, are of tremendous concern,” said Special Agent in Charge Joe Carrico of the FBI’s Knoxville Field Office. “The entire law enforcement profession is tarnished when an officer betrays the oath to protect and serve. The FBI will vigorously investigate any officer or agent of the law who is breaking the rules that he or she is sworn to uphold or is violating the civil rights of others."
According to court documents filed in connection with the defendant’s guilty plea, the first offense occurred during the early morning hours of June 12, 2018. The defendant, while on duty as a CPD police officer, handcuffed and arrested K.B.V. Rather than transporting K.B.V. directly to the Hamilton County Jail, the defendant drove K.B.V. in his squad car to an empty and isolated parking lot. There, the defendant sexually assaulted K.B.V.
The second offense occurred on the evening of Jan. 2, 2016. The defendant, while working a security detail at the University of Tennessee in Chattanooga, entered the passenger seat of D.H.'s car and asked for a ride to his own car, which he claimed was parked in a different parking lot. The defendant then directed D.H. to an empty and isolated parking lot. He took out his taser and put it against D.H.'s leg, causing D.H. to fear that he would cause her further physical harm. When D.H. tried to escape, Logan prevented her from getting out of the car.
In addition to these two offenses, the defendant admitted as part of his guilty plea that he sexually assaulted two other women. In each instance, one on July 31, 2015, and the other on May 30, 2016, the defendant arrested each victim, and instead of transporting her to jail, drove her to a deserted area where he sexually assaulted her.
This case was investigated by the Knoxville Division of the FBI, with the support of the Hamilton County Sheriff's Office. Assistant U.S. Attorney James Brooks of the Eastern District of Tennessee and Special Litigation Counsel Fara Gold and Trial Attorney Olimpia Michel of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice prosecuted the case.
Former Chattanooga Police Officer Sentenced to 20 Years in Prison for Sexual AssaultRead the Press Release
CHATTANOOGA, Tenn. – Desmond Logan, 35, a former officer with the Chattanooga Police Department (CPD), was sentenced by the Honorable Curtis L. Collier, U.S. District Court Judge in the Eastern District of Tennessee at Chattanooga.
Logan will serve 20 years in prison, the maximum sentenced permitted under the law, followed by three years of supervised release, for crimes involving sexual misconduct while on duty. Logan previously pleaded guilty to two civil rights offenses on September 12, 2019. Logan will be required to register with the sex offender registry in any state in which he resides, works, or attends school, and comply with special sex offender conditions during the supervised release.
According to court documents filed in connection with the defendant’s guilty plea, the first offense occurred during the early morning hours of June 12, 2018. The defendant, while on duty as a CPD police officer, handcuffed and arrested K.B.V. Rather than transporting K.B.V. directly to the Hamilton County Jail, the defendant drove K.B.V. in his squad car to an empty and isolated parking lot. There, the defendant sexually assaulted K.B.V.
The second offense occurred on the evening of January 2, 2016. The defendant, while working a security detail at the University of Tennessee in Chattanooga, entered the passenger seat of D.H.'s car and asked for a ride to his own car, which he claimed was parked in a different parking lot. The defendant then directed D.H. to an empty and isolated parking lot. Logan took out his taser and put it against D.H.'s leg, causing D.H. to fear that he would cause her further physical harm. When D.H. tried to escape, Logan prevented her from getting out of the car.
In addition to these two offenses, the defendant admitted as part of his guilty plea that he sexually assaulted two other women. In each instance, one on July 31, 2015 and the other on May 30, 2016, the defendant arrested each victim, and instead of transporting her to jail, drove her to a deserted area where he sexually assaulted her.
“The Department of Justice will vigorously prosecute officers who commit sexual assault,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “This case is a reminder that sexual assault allegations involving law enforcement officers should be fully investigated. The Department will continue to take such allegations seriously and work to vindicate the Constitutional rights of those who are victimized by officers acting under color of law.”
“The actions of Desmond Logan jeopardized public safety and violated the trust of the citizens of Chattanooga he swore to protect. This case exhibits our continued efforts to prosecute those who would abuse their authority to commit acts of violence and injustice against members of our community,” said U.S. Attorney J. Douglas Overbey of the Eastern District of Tennessee. “Our office will continue to stand by and protect the victims of such crimes.”
"Civil Rights violations, particularly when they involve a member of law enforcement, are of tremendous concern,” said Special Agent in Charge Joe Carrico of the FBI’s Knoxville Field Office. “The entire law enforcement profession is tarnished when an officer betrays the oath to protect and serve. The FBI will vigorously investigate any officer or agent of the law who is breaking the rules that he or she is sworn to uphold or is violating the civil rights of others."
This case was investigated by the Knoxville Division of the FBI, with the support of the Hamilton County Sheriff's Office. Assistant United States Attorney James Brooks of the Eastern District of Tennessee and Special Litigation Counsel Fara Gold and Trial Attorney Olimpia Michel of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice prosecuted the case.
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Former Bureau of Prisons Corrections Officer Sentenced for Sexually Assaulting Two Women on Multiple Occasions and Lying to InvestigatorsRead the Press Release
BIRMINGHAM, Ala. – Adrian L. Stargell, 39, a former Bureau of Prisons (BOP) Corrections Officer who worked as an Education Specialist at the FCI-Aliceville facility in Aliceville, Alabama, was sentenced today in federal court in Tuscaloosa, Alabama to 42 months in prison and three years of supervised release.
Stargell previously pleaded guilty to two counts of violating the rights of two women whom he sexually assaulted on multiple occasions and one count of making false statements to federal agents from the U.S. Department of Justice Office of the Inspector General (OIG).
“The Department of Justice will not tolerate corrections officers who sexually assault individuals whom they are otherwise supposed to protect and keep safe,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to vigorously prosecute these cases and secure justice for victims of these egregious crimes.”
“Today justice was served for the victims of these egregious crimes,” said U.S. Attorney Prim Escalona of the Northern District of Alabama. “We will continue to aggressively prosecute those who abuse authority and prey on vulnerable people in their care.”
“Stargell abused his power, sexually assaulted two inmates, and lied to try to cover up his actions. Today, justice is served. He will rightly serve time for his egregious actions,” said James F. Boyersmith, Special Agent in Charge of the OIG Miami Field Office.
According to court documents, during 2017 and 2018, while on-duty as an Education Specialist, Stargell sexually assaulted two women who were incarcerated at FCI-Aliceville. Stargell admitted that he knew what he was doing was wrong and against the law, yet he did it anyway. When OIG agents interviewed Stargell about the allegations of sexual misconduct, Stargell lied by falsely denying having any sexual contact with the victims.
This case was investigated by the Department of Justice OIG Miami Field Office. Assistant U.S. Attorney Robert Posey of the Northern District of Alabama and Special Litigation Counsel Fara Gold and Trial Attorney Anna Gotfryd of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice prosecuted the case.
Former Bureau of Prisons Corrections Officer Sentenced for Sexually Assaulting Two Women on Multiple Occasions and Lying to InvestigatorsRead the Press Release
Adrian L. Stargell, 39, a former Bureau of Prisons (BOP) Corrections Officer who worked as an Education Specialist at the FCI-Aliceville facility in Aliceville, Alabama, was sentenced today in federal court in Tuscaloosa, Alabama to 42 months in prison and three years supervised release.
Stargell previously pleaded guilty to two counts of violating the rights of two women whom he sexually assaulted on multiple occasions and one count of making false statements to federal agents from the U.S. Department of Justice Office of the Inspector General (OIG).
“The Department of Justice will not tolerate corrections officers who sexually assault individuals whom they are otherwise supposed to protect and keep safe,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to vigorously prosecute these cases and secure justice for victims of these egregious crimes.”
“Today justice was served for the victims of these egregious crimes,” said Interim U.S. Attorney Prim Escalona of the Northern District of Alabama. “We will continue to aggressively prosecute those who abuse authority and prey on vulnerable people in their care.”
“Stargell abused his power, sexually assaulted two inmates, and lied to try to cover up his actions. Today, justice is served. He will rightly serve time for his egregious actions,” said James F. Boyersmith, Special Agent in Charge of the OIG Miami Field Office.
According to court documents, during 2017 and 2018, while on-duty as an Education Specialist, Stargell sexually assaulted two women who were incarcerated at FCI-Aliceville. Stargell admitted that he knew what he was doing was wrong and against the law, yet he did it anyway. When OIG agents interviewed Stargell about the allegations of sexual misconduct, Stargell lied by falsely denying having any sexual contact with the victims.
This case was investigated by the Department of Justice OIG Miami Field Office. Assistant U.S. Attorney Robert Posey of the Northern District of Alabama and Special Litigation Counsel Fara Gold and Trial Attorney Anna Gotfryd of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice prosecuted the case.
Florida Man Pleads Guilty to Threatening A VA EmployeeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael F. Hanley, 49, of Clearwater, Florida, pleaded guilty, before U.S. Magistrate Judge Michael J. Roemer, to threatening a federal employee. The charge carries a maximum penalty of one year in prison and $100,000 fine.
Assistant U.S. Attorney Douglas A. Penrose, who is handling the case, stated that the defendant was formerly employed by the United States Department of Veterans Affairs (VA) as a Veterans Claims Examiner. During his tenure at the VA, Hanley became acquainted with another VA employee (Victim), and the two had a history of contentious interactions.
The defendant left a series of similar voicemails on the Victim’s phone between October 15, 2018, and November 13, 2019, in which he threatened to kill the Victim and the Victim’s family.
The plea is the result of an investigation by the VA Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Christopher Algieri.
Sentencing is scheduled for November 18, 2020, at 10:30 a.m. before Judge Roemer.
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Fifth Defendant Faces Federal Charges for Alleged Role in Salt Lake City Police Department Vehicle Arson CaseRead the Press Release
SALT LAKE CITY – A federal complaint unsealed Wednesday charges a fifth individual with one count of using fire and explosives to damage and destroy a Salt Lake City Police Department patrol car during May 30, 2020, riots in Salt Lake City.
Larry Raynold Williams, Jr., 22, of West Haven was arrested at his home Wednesday morning on the arson charge by the FBI and members of its Joint Terrorism Task Force. The Air Force Office of Special Investigations at Hill Air Force Base (HAFB) assisted the FBI. According to the complaint, Williams is an Airman First Class in the U.S. Air Force. He is stationed at HAFB in northern Utah.
During the afternoon of May 30, 2020, a peaceful protest in downtown Salt Lake City transitioned into acts of destruction, property damage, arson, and other criminal conduct. During the riot, a Salt Lake City police officer, driving a police vehicle, became boxed-in and immobilized by surrounding protestors. Fearing for her safety, the officer fled from her patrol car. Her patrol vehicle was subsequently overturned, vandalized, looted, and then set on fire. Video footage from the event shows individual rioters using fire and explosives to damage and destroy the police vehicle. Federal prosecutors in Utah have filed arson charges against five individuals allegedly responsible for burning the patrol vehicle.
“Since May 30, investigators and prosecutors have engaged in a determined investigation of those who were responsible for burning the police patrol car in downtown Salt Lake City. Our intent has been to bring consequence to the lawlessness that we witnessed. While available video and photographs played a prominent role in the investigation, solid investigative efforts by agents and detectives made the difference in these arrests,” U.S. Attorney John W. Huber said today.
According to the complaint, video footage from the afternoon of May 30, 2020, shows a white male, later identified by law enforcement as Christopher Isidro Rojas, standing next to an African American male. This individual, subsequently identified by law enforcement as Williams, was dressed in a black Nike hoodie, black Nike sweatpants, black shoes, and a black gas mask.
Rojas was observed holding a blue cigarette lighter in his hands while Williams held a white combustible fabric material, similar to a tablecloth or bedsheet, according to the complaint. Rojas used the cigarette lighter to ignite the fabric. Once the fabric began to burn, the complaint alleges Williams threw the material into the window of the overturned patrol car. The burning material landed partially within the interior of the patrol car and partially on the street.
Williams was wearing a gasmask. Investigators subsequently identified the gas mask worn by Williams as an M50 Joint Service General Protective Mask. Clarified photographs of Williams wearing the mask revealed lettering on its attached M61 filter canister, written in what appeared to be white marker, which stated, “TRNG ONLY.” A lot number was also observed on the canister, according to the complaint.
Williams was also observed unmasked at the riot. Law enforcement officers were able to use several photographs to identify Williams.
Williams was identified as an Airman First Class in the U.S. Air Force, stationed at Hill Air Force Base. He was issued an M50 gas mask by his unit for training purposes in March 2020. Markings on the mask are consistent with the markings applied at HAFB. On Aug. 13, 2020, the readiness squadron at HAFB conducted a general inventory check of equipment issued to Williams and other members of his group during an exercise. According to the complaint, serial/lot numbers were documented for each inventoried item. The lot number for one of the gas canisters assigned to Williams was identical to the number observed on the gas mask as depicted in pictures taken at the riot.
Williams will make an initial appearance on the arson charge at 3 p.m. Thursday before U.S. Magistrate Judge Dustin Pead.
Federal arson charges in the case are pending against Jackson Stuart Tamowski Patton, 26, Latroi Devon Newbins, 28, Christopher Rojas, 28, and Lateesha Richards, 24, all of Salt Lake City, who were charged earlier. Patton and Richards are in custody. Newbins and Rojas have been released on conditions of pretrial release. Previous complaints filed against Patton, Newbins, Rojas, and Richards have been consolidated in a one-count indictment returned by a federal grand jury on July 23, 2020.
Complaints and indictments are not findings of guilt. Individuals charged in complaints or indictments are presumed innocent unless or until proven guilty in court. Arson carries a potential sentence of 20 years in prison with a minimum-mandatory five-year sentence.
Assistant U.S. Attorneys from the Utah U.S. Attorney’s Office are prosecuting the case. Investigating agencies include members of the FBI’s JTTF, the Salt Lake City Police Department, the ATF and the Utah Department of Public Safety.
Federal charges filed on men for two day crime spree in Evansville and ElberfieldRead the Press Release
Evansville – United States Attorney Josh J. Minkler announced today, Davontai Jones-Robinson, 23, of Evansville, Indiana, and Trinity Taylor, 26, of Prattville, Alabama, are in federal custody and charged with three counts each of Obstruction of Commerce by Robbery, and three counts each of Use of a Firearm During and Relation to a Crime of Violence.
“Living a life of crime never pays off,” said Minkler. “Their short lived crime spree spread fear into the lives of the innocent victims that they may carry the rest of their lives. And now Jones-Robinson and Taylor face a life sentence in federal prison.”
On 08/13/20 around 8 pm, officers with the Evansville Police Department were sent to a robbery in progress at Kwik Stop located at 4301 Pollack Avenue. A nearby neighbor reported seeing a man with a long-gun run in and out of the store. The clerk said a black male entered the store with a gun and ordered him to open the register. The gunman took an undetermined amount of cash and cigarettes, then exited the store.
Approximately 6 1/2 hours later, around 2:30 am on 08/14/20, officers with the Evansville Police Department were again advised of a robbery in progress at the Circle K located at 2400 E. Riverside Drive. As in the earlier robbery, a black male entered the business brandishing a gun and wearing the same clothing description as before. He ordered the clerk to open the register and he took an undetermined amount of cash and cigarettes. A dark colored passenger car is also observed in the area before and during the robbery.
Approximately 9 ½ hours later, Warrick County Law Enforcement officers were notified of a robbery in progress at Chuckles located at 175 W. Main Street in Elberfeld. Once again, a black male entered the business with a gun and ordered the clerk to open the register. The gunman stole an undetermined amount of cash and leaving in a dark colored passenger car.
Investigators were able to determine that the same individual committed the robberies and the same dark colored passenger car was involved as the getaway vehicle. The license plate number was identified and investigators from the Indiana State Police were able to determine it belonged to a car rental company. Records indicated that Trinity Taylor was renting the vehicle in question.
On 08/14/20 around 3:45 pm, patrol officers from the Evansville Police Department located the vehicle in question at Covert Avenue and Green River Road. Trinity Taylor was identified as the driver and taken into custody. Further investigation revealed that Jones-Robinson was the armed gunman who went inside and robbed the businesses.
A search warrant was executed at the apartment where Taylor and Jones-Robinson were residing. Several items related to all three robberies were discovered and secured as evidence.
This case was investigated by the FBI Indiana Violent Crime Task Force, Evansville Police Department, Warrick County Sheriff’s Department, and the Indiana State Police.
According to Assistant United States Attorney Todd Shellenbarger, who is prosecuting this case for the government, both defendants face up to life in prison, a $250,000 fine, and five years of supervised release after being released from federal prison.
Criminal charges are merely allegations and are not evidence of guilt. Both defendants are considered innocent until proven guilty in federal court.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution sentencing demonstrates the office’s firm commitment to investigate and prosecute defendants committing violent crimes involving firearms. (See United States Attorney’s Office, Southern District of Indiana Strategic Plan Sections 2.3)
Federal Jury Convicts Cabell County Man on Drug and Gun ChargesRead the Press Release
HUNTINGTON, W.Va. - A Cabell County man was convicted of federal drug and gun charges following a jury trial, announced United States Attorney Mike Stuart.
Steven McCallister, 47, of Barboursville, was convicted of distribution of fentanyl, possession with intent to distribute 400 grams or more of fentanyl, possession of a firearm in furtherance of drug trafficking, and being felon in possession of a firearm.
“This is a significant victory for the people of West Virginia and the City of Huntington,” said United States Attorney Mike Stuart. “McCallister was found guilty on all counts in near record time because the evidence was so overwhelming. Defendant by defendant, case by case, matter by matter, we are taking back the streets from the drug dealers and poison peddlers and returning them to our good citizens.”
On June 12, 2019, agents with the Metropolitan Drug Enforcement Network Team (MDENT) arranged a controlled buy of 50 grams of heroin from McCallister through a confidential informant (CI). The controlled buy was conducted at McCallister’s residence at 224 Carper Lane in Barboursville. Following the controlled buy, MDENT agents, along with members of the Violent Crime and Drug Task Force West, executed a search warrant at the residence and discovered over a kilogram of fentanyl/heroin mix. They also discovered a loaded .357 handgun in McCallister’s bedroom where part of the fentanyl was located along with a large amount of cash.
McCallister was a convicted felon and was prohibited from possessing the firearm. In addition, the jury found him guilty of possessing that firearm in furtherance of his drug trafficking.
The investigation was conducted by the Metropolitan Drug Enforcement Network Team (MDENT), the Violent Crime and Drug Task Force West, the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) and the West Virginia State Police. Assistant United States Attorneys Greg McVey and Joseph Adams prosecuted the case before United States District Judge Robert C. Chambers.
McCallister faces a minimum of 20 years to life in prison when he is sentenced on December 7, 2020.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-00153.
Follow us on Twitter: SDWVNews and USAttyStuart
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Fall River Woman Pleads Guilty to Social Security FraudRead the Press Release
BOSTON – A Fall River woman pleaded guilty today in federal court to stealing Social Security disability benefits.
Gloria Camara, 58, pleaded guilty to one count of theft of public funds and one count of making a false statement. U.S. District Court Judge Indira Talwani scheduled sentencing for Dec. 15, 2020.
Camara began receiving Social Security disability benefits in 1992. In November 2009, she began working as a caregiver, but she did not report her income to the Social Security Administration. Instead, during periodic eligibility reviews, including a review on April 20, 2017, Camara falsely told Social Security that her only income consisted of three months of unemployment compensation benefits in 2008, and sporadic wages from two companies between 2003 and 2011. Because she did not report her earnings as a caregiver, Camara stole approximately $84,222 in Social Security benefits from November 2009 through October 2019.
The charge of theft of public funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of making a false statement provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Tonya Perkins, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
FBI Attorney Admits Altering Email Used for FISA Application During "Crossfire Hurricane" InvestigationRead the Press Release
Former FBI attorney Kevin Clinesmith, 38, pleaded guilty today in the U.S. District Court for the District of Columbia to a false statement offense stemming from his altering of an email in connection with the submission of a Foreign Intelligence Surveillance Act (“FISA”) application, announced John H. Durham, Special Attorney to the Attorney General.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the guilty plea proceeding occurred via videoconference before U.S. District Judge James E. Boasberg.
According to court documents and statements made in court, between July 2015 and September 2019, Clinesmith was employed with the FBI as an Assistant General Counsel in the National Security and Cyber Law Branch of the FBI’s Office of General Counsel in Washington, D.C. On July 31, 2016, the FBI opened a Foreign Agents Registration Act investigation, known as “Crossfire Hurricane,” into whether individuals associated with the Donald J. Trump for President Campaign were coordinating activities with the Russian government. By August 16, 2016, the FBI had opened cases under the Crossfire Hurricane umbrella on four individuals, including an individual identified in this case as “Individual #1.”
Clinesmith was assigned to provide legal support to FBI personnel working on Crossfire Hurricane, and he assisted FBI personnel with applications prepared by the FBI and the Justice Department’s National Security Division to conduct surveillance under the FISA. During the investigation, there were a total of four court-approved FISA applications targeting Individual #1. Each of the FISA applications alleged there was probable cause that Individual #1 was a knowing agent of a foreign power, specifically Russia.
On August 17, 2016, prior to the approval of the first FISA application #1, another U.S. government agency (“OGA”) provided certain members of the Crossfire Hurricane team a memorandum indicating that Individual #1 had been approved as an “operational contact” for the OGA from 2008 to 2013 and detailing information that Individual #1 had provided to the OGA concerning Individual #1’s prior contacts with certain Russian intelligence officers. The first three FISA applications did not include Individual #1’s history or status with the OGA.
Prior to the submission of the fourth FISA application, and after Individual #1 stated publicly that he/she had assisted the U.S. government in the past, an FBI Supervisory Special Agent (“SSA”) asked Clinesmith to inquire with the OGA as to whether Individual #1 had ever been a “source” for the OGA. On June 15, 2017, Clinesmith sent an email to a liaison at the OGA (“OGA Liaison”) seeking clarification as to whether Individual #1 was an OGA source, and the OGA Liaison responded via email to Clinesmith. On June 19, 2017, Clinesmith altered the email he received from the OGA Liaison by adding the words “not a source,” and then forwarded the email to the FBI SSA. Relying on the altered email, on June 29, 2017, the SSA signed and submitted the fourth FISA application to the U.S. Foreign Intelligence Surveillance Court. The application did not include Individual #1’s history or status with the OGA.
Clinesmith pleaded guilty to one count of making a false statement within both the jurisdiction of the executive branch and judicial branch of the U.S. government, an offense that carries a maximum term of imprisonment of five years and a fine of up to $250,000. Judge Boasberg scheduled sentencing for December 10, 2020.
This case is being prosecuted by Special Assistant U.S. Attorney Neeraj N. Patel and Assistant U.S. Attorney Anthony Scarpelli, with the support and assistance of other members of Special Attorney Durham’s team.
Dubuque Man Pleads Guilty to Being a Drug User in Possession of Firearms and AmmunitionRead the Press Release
A drug user who possessed firearms and ammunition pled guilty on August 17, 2020, in federal court in Cedar Rapids.
Daniel Heim, age 32, from Dubuque, Iowa, was convicted of one count of being a drug user in possession of firearms and ammunition. At the plea hearing and in a plea agreement, Heim admitted that, in December 2019, he possessed 14 firearms and 3,398 rounds of ammunition while being a user of marijuana and cocaine.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Heim remains free on bond previously set pending sentencing. Heim faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque Police Department, the Dubuque County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 20-1006.
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Dublin man sentenced to more than 22 years in prison for dealing fentanyl in Dayton regionRead the Press Release
DAYTON – Juwan Chino Dillard, of Dublin, Ohio, was sentenced in U.S. District Court to 270 months in prison for conspiring to possess with intent to distribute more than 40 grams of fentanyl.
According to court documents, Dillard participated in a drug trafficking organization that used residences and storage units in Dublin and Columbus to maintain a fentanyl distribution conspiracy.
In November 2018, investigators searched the properties and discovered 59 grams of fentanyl, a hydraulic press commonly used by drug traffickers to press kilogram quantities of narcotics, kilogram press plates and molds, models of Gucci and Louis Vuitton brand emblems for pressing into the narcotics and a written ledger indicated prices per kilogram of different narcotics.
Several bags of bulk cash were discovered in the storage facility on Old Avery Road in Dublin.
The court determined that the conspiracy was responsible for more than eight kilograms of fentanyl. In addition, law enforcement authorities seized more than $360,000 in this case.
Dillard pleaded guilty in the narcotics conspiracy in July 2019.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); and Columbus Police Chief Thomas Quinlan announced the sentence imposed on Aug. 18 by Senior U.S. District Court Judge Thomas M. Rose. Assistant United States Attorney Dwight K. Keller is representing the United States in this case.
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Drug-Using Gang Member Pleads Guilty to Illegally Possessing FirearmRead the Press Release
Gulfport, Miss. – Joshual Tyrik Richburg, 21, of Biloxi, Mississippi, pled guilty today before U.S. District U.S. District Judge Sul Ozerden to one count of possession of a firearm by an unlawful user of a controlled substance, announced U.S. Attorney Mike Hurst and FBI Special-Agent-in-Charge Michelle Sutphin.
On September 20, 2019, Joshual Richburg sold a firearm to an individual. During the course of an investigation, it was determined that Richburg had been smoking marijuana every day for several years. Richburg is a known member of a local Biloxi gang that is part of the Gangster Disciples.
Richburg will be sentenced by Judge Ozerden on November 19, 2020 at 9:00 a.m. and faces a maximum penalty of 10 years in prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Erica Rose.
Drug Distributor for “SCO” Neighborhood Gang Sentenced to 3 Years in PrisonRead the Press Release
PITTSBURGH, PA - A former resident of Braddock, Pennsylvania, has been sentenced in federal court to three years’ imprisonment and three years of supervised release on his conviction of narcotics trafficking, United States Attorney Scott W. Brady announced today.
Senior United States District Judge Arthur J. Schwab imposed the sentence on Dorian Boyd, age 26, formerly of 524 13th Street, Braddock, PA.
According to information presented to the court, the Greater Pittsburgh Safe Streets Task Force conducted a long-term investigation of drug trafficking occurring in and around the Braddock section of Pittsburgh. Boyd and other individuals were identified as members and/or associates of a neighborhood based street gang, self-titled "SCO", which illegally distributed controlled substances in the greater Pittsburgh region..
In January of 2019, investigators obtained authorization to conduct a federal wire investigation, which continued through May of 2019. Boyd, along with 32 others were indicted in June of 2019 by a federal grand jury in three separate, but related, Indictments.
The Court was informed that Boyd is a close associate of SCO, including its leader, Howard McFadden and, based upon intercepted communications occurring over three telephones that were intercepted, law enforcement confirmed that Boyd was a heroin and cocaine base distributor. Boyd admitted, in conjunction with his plea, that he initially served as a runner for McFadden but, over time, he began operating one of the telephones used to communicate with drug customers that law enforcement intercepted. Boyd often directed drug customers to meet him at the Library Street basketball courts parking lot or at his residence on 13th Street where he would facilitate the drug transaction. The Court was further informed that on June 12, 2019, law enforcement seized, among other items, two firearms from Mr. Boyd’s residence, one of which was located on a bookshelf in the kitchen with a round chambered and full magazine.
Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
United States Attorney Brady commended the multi-agency team, which was led by the Federal Bureau of Investigation, for the investigation leading to the successful prosecution of Moore. Partners in this investigation included the Drug Enforcement Administration, Bureau of Alcohol Tobacco Firearms and Explosives, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pennsylvania State Police, Pennsylvania Attorney General’s Office Bureau of Narcotics, and the Pittsburgh Bureau of Police. Other assisting agencies included the Monroeville Police Department, Penn Hills Police Department, Wilkinsburg Police Department, and Allegheny County Adult Probation.
This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.
Department of Justice Argues That Vermont’s Barring Parochial Student from College Course Program Violates ConstitutionRead the Press Release
The Department of Justice today filed a brief in the U.S. Court of Appeals for the Second Circuit supporting a parochial high school student and her parents who claim that Vermont discriminated against them in violation of the Free Exercise Clause of the U.S. Constitution by excluding them from a state program paying tuition for high school students to take up to two college courses.
“Ever since our patriotic ancestors declared our independence, rejected monarchy, and established the United States of America, our nation has supported and defended a very simple and important ideal, namely, that government may not discriminate against people of faith because of religion. Our Founding Fathers enshrined this principle in the First Amendment of the United States Constitution, and the United States today remains dedicated to the right of all people to practice their faith without suffering injustice at the hands of governments,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The First Amendment, common decency, and our shared humanity demand no less. The Department of Justice will continue to defend the right of all people to exercise religion according to the dictates of their faith and conscience.”
“Religious liberty is a fundamental and foundational right in this country,” said Christina E. Nolan, U.S. Attorney for Vermont. “We support the rights of students to both exercise their religion and participate fully in Vermont’s educational programs. Especially in light of the Supreme Court’s recent ruling on religious liberty and educational benefits, we believe this case advances the twin paramount goals of maximizing educational opportunities for young Vermonters and vigilantly guarding religious freedom.”
The appeal, A.M. v. French, involves a challenge to the exclusion of students attending religious high schools from Vermont’s “Dual Enrollment Program.” This program provides high school students the opportunity to take up to two college courses while still in high school, with tuition paid by the State. It is open to public school students, home school students, and students attending nonreligious private schools who do not have a public high school in their school district. The program, however, excludes those students without public high school in their district who choose to attend private religious schools. The student, A.M., attends a parochial school and would like to participate in the program and take courses at the University of Vermont, which she would be able to do were her school a secular private school.
A federal trial court on May 29, 2020, denied a preliminary injunction to the student and her parents, holding that they had not shown that they were likely to succeed on their claim under the Free Exercise Clause. The United States’ brief, however, argues that the District Court erred in not holding that the exclusion of the student from the Dual Enrollment Program was a likely constitutional violation, particularly in light of the Supreme Court’s decision on June 30, 2020, in Espinoza v. Montana Dept. of Revenue, barring discrimination based on religious status in a state scholarship program. The United States’ brief argues that “[t]he Supreme Court’s repeated holdings, including in Espinoza, that religious entities and their adherents cannot be excluded from or disadvantaged under public programs and benefits based on their religious character, make clear that [the student and her school’s] disqualification from the Dual Enrollment Program is impermissible under the Free Exercise Clause.”
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
Commerce Man Sentenced for Distributing Methamphetamine and CocaineRead the Press Release
A Commerce man was sentenced Tuesday in federal court for distribution of methamphetamine, possession of methamphetamine with intent to distribute, and possession of cocaine with intent to distribute, announced U.S. Attorney Trent Shores.
Chief U.S. District Judge John E. Dowdell sentenced Jorge Alberto Moreno, 39, to nine years in federal prison to be followed by four years of supervised release. Judge Dowdell noted that while committing these crimes Moreno possessed a firearm, which posed a further threat to the community.
“Moreno’s drug operation is closed for business thanks to the combined efforts of federal, state, and local law enforcement working together,” said U.S. Attorney Trent Shores. “With Moreno behind bars for the next nine years, families living in Commerce can feel safer. Dealers in both rural and urban areas of northeastern Oklahoma will be brought to justice for their crimes.”
On March 2, 2020, Moreno pleaded guilty to the charges and admitted that in March 2019, he distributed 25 grams of methamphetamine in exchange for $400. He further acknowledged that in September 2019 he possessed with the intent to distribute both methamphetamine and cocaine. During the investigation, law enforcement discovered methamphetamine, cocaine and $32,000 in cash hidden in a closet in Moreno’s home.
Moreno remains in the custody of the U.S. Marshals Service until transfer to a U.S. Bureau of Prisons facility.
This conviction was the part of the Organized Crime Drug Enforcement Task Force’s Operation Hot Rails. The Oklahoma Bureau of Narcotics and Dangerous Drugs, the Drug Enforcement Administration and the Commerce Police Department conducted the investigation. Assistant U.S. Attorney Thomas E. Duncombe prosecuted the case.
Collin County Man Sentenced for Firearms Violation in Connection with Teen’s DeathRead the Press Release
SHERMAN, Texas – A 19-year-old McKinney, Texas man has been sentenced for federal firearms violations in the Eastern District of Texas, announced U.S. Attorney Stephen. J. Cox today.
Christopher Lamarr Sterkes pleaded guilty on June 1, 2020, to possession of a firearm by a drug user and possession of a firearm in furtherance of a drug trafficking crime and was sentenced to a total of 144 months in federal prison today by U.S. District Judge Amos Mazzant.
According to information presented in court, on March 8, 2019, Sterkes met four men in a van in Anna, Texas, intending to sell them approximately 14 grams of marijuana. The men began assaulting Sterkes in an attempt to rob him of the marijuana instead of paying for it. Sterkes, armed with a pistol, managed to escape from the van and fired three shots into the van as it drove away. One of the men inside the van, 16-year-old Alejandro Camacho, was struck by the gunfire and died. Sterkes was indicted by a federal grand jury on August 14, 2019.
This case was prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence; deterring illegal possession of guns, ammunition, and body armor; and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state, and local law enforcement agencies.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Anna Police Department, and the Texas Department of Public Safety Texas Rangers. This case was prosecuted by Assistant U.S. Attorney Maureen Smith.
Cocaine, meth and heroin dealer sentenced to prisonRead the Press Release
GREAT FALLS — A Great Falls man who admitted selling multiple drugs in the Great Falls area was sentenced today to 54 months in prison and four years of supervised release, U.S. Attorney Kurt Alme said.
Gabriel Louis Norlin, 30, pleaded guilty in March to possession with intent to distribute controlled substances.
Chief U.S. District Judge Brian Morris presided.
In court documents filed in the case, the prosecution said that in September 2019, Russell Country Drug Task Force officers received information that Norlin was selling cocaine and heroin and that he was traveling to California to pick up narcotics for redistribution in Montana. In October 2019, law enforcement officers stopped and seized a truck Norlin was driving near Four Corners, towed it to Belgrade and conducted a search. Law enforcement officers found numerous bags of drugs, including two bags totaling about two pounds of cocaine. Two pounds of cocaine is the equivalent of about 7,610 doses. Norlin admitted later to detectives that he had been selling cocaine, methamphetamine and heroin.
Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by the Drug Enforcement Administration and the Russell Country Drug Task Force.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Cleveland man charged with COVID-19 hoaxRead the Press Release
U.S. Attorney Justin Herdman announced today that a federal grand jury in Cleveland has returned a four-count indictment charging Walter Ray Poindexter, age 32, of Cleveland with false information and hoaxes.
According to court documents, on March 14, 2020, Greater Cleveland Regional Transit Authority (GCRTA) Police Officers responded to calls of an intoxicated individual aboard a downtown trolley, later identified as Poindexter. The defendant was subsequently arrested and transported to the Cuyahoga County Jail due to an outstanding warrant in Franklin County. During the processing of the defendant for public intoxication and a parole violation warrant, the defendant allegedly claimed that he had difficulty breathing and that he had the coronavirus. As the GCRTA officers attempted to carry the defendant into the jail, the defendant is accused of purposefully coughing into the police officers’ faces. The defendant is also accused of intentionally coughing in the direction of the Cuyahoga County Jail nurse after repeatedly claiming that he had coronavirus.
The defendant was then transferred to MetroHealth hospital for medical evaluation. Upon arrival in the emergency room, the defendant is alleged to have repeatedly claimed to have coronavirus and once again began coughing and spitting in the direction of the paramedics, police officers and hospital staff. It is alleged that while the paramedics attempted to move the defendant from the gurney to the hospital bed, the defendant sat up and spat directly in the face of a paramedic.
The defendant and paramedic were later administered a pathogen test that came back as negative for the virus.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant's sentence will be determined by the Court after review of factors unique to this case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation.
In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case was investigated by the Cleveland Division of the FBI and the Greater Cleveland Regional Transit Authority Police. This case is being prosecuted by Assistant U.S. Attorneys Om Kakani and Jerome J. Teresinski.
Charlotte Couple Pleads Guilty to Conspiracy to Distribute Prescription OpioidsRead the Press Release
ABINGDON, Virginia – A Charlotte, North Carolina-based doctor and his wife pleaded guilty today in U.S. District Court in Abingdon to charges that they conspired to illegally distribute prescription opioids in the Western District of Virginia and then made a false statement about the conduct, United States Attorney Thomas T. Cullen announced today.
David Francis Lelio, 57, and Nadja Siiri Kujanson-Lelio, 50, both of Charlotte, N.C., each pleaded guilty to one count of conspiracy to distribute prescription opioids, specifically oxycodone. David Lelio also pleaded guilty to an additional count of making a false statement. Both will be sentenced on December 10, 2020.
The pair admitted that between 2016 and 2019, Dr. David Lelio wrote more than 60 prescriptions for oxycodone to patients, some of who resided in Wythe County, Virginia, without a legitimate medical purpose. As part of the conspiracy, Dr. Lelio wrote opioid prescriptions in his patients’ names with the understanding that some or all of the prescriptions would be shared with his wife, Nadja Kujanson-Lelio. Dr. Lelio and his wife then reimbursed the patients for the cost of filling the prescriptions. When asked by law enforcement about the conspiracy, David Lelio falsely stated there was no agreement with any of his patients to return or share the prescription opioids with his wife.
The investigation of the case was conducted by the Wythe County Sheriff’s Office, the Virginia State Police, and the Drug Enforcement Administration. Assistant United States Attorneys Lena Busscher and Randy Ramseyer are prosecuting the case for the United States.
Charleston Tax Preparer and Mother Indicted for FraudRead the Press Release
CHARLESTON, W.Va. – A federal grand jury has handed down two separate indictments charging a Charleston tax preparer and her mother in connection with a fraud scheme, according to United States Attorney Mike Stuart.
“Small businesses and entrepreneurs are the backbone of the American economy. Business is tough especially for smaller businesses that may not have the resources of larger enterprises. In this case, the victims did everything right- hired good employees, managed their company, and, as all good business should do, hired an accountant. Unfortunately, they hired what we allege is a fraudster that, for nearly a decade, faked, constructed and defrauded her victims out of nearly $600,000,” said United States Attorney Mike Stuart. “These two indictments- separate but certainly related- allege a very complex fraud scheme carried out by the defendants for the purpose of personal enrichment. Greed for lack of a better term. I applaud the efforts of our federal and state law enforcement partners for conducting the quick, but thorough investigation resulting in today’s indictments.”
“A great deal of trust was placed in these two individuals to not violate the fiduciary responsibility they had with their clients,” said FBI Pittsburgh Special Agent in Charge Michael Christman. “Instead, these women chose to pocket the hard earned money of local companies. The FBI does not take lightly any betrayal of trust and will fully investigate these crimes.”
Misty Brotherton-Tanner, 40, was charged in an 18-count indictment with wire fraud, aggravated identity theft, unlawful monetary transactions and making false statements. She faces up to 270 years in prison, with as much as four years running consecutively, a $4.5 million fine and three years of supervised release, if convicted.
The indictment alleges that from 2014 until March 13, 2020, Brotherton-Tanner provided tax preparation and bookkeeping services to several businesses, including three West Virginia corporations, all located in Kanawha County. The indictment further alleges that she had provided the same services in the past to a now dissolved Kanawha County non-profit. According to the indictment, as part of Brotherton-Tanner’s work for the companies, she had access to each company’s accounting software that was connected to each of the company’s bank accounts. Brotherton-Tanner used QuickBooks software to embezzle from the local businesses - she created "ghost" employee accounts and then funneled the money to the employee accounts before ultimately transferring the money to bank accounts over which she maintained control. Brotherton-Tanner used identities of herself, members of her family and others to create "ghost" employee accounts at the companies and connected those to her personal bank accounts. She was not employed by any of the companies, but would submit bills for her services to get paid. She created herself an employee profile in each company’s Quickbooks payroll system, knowing that she was not entitled or authorized to receive the funds she transferred to herself. According to the indictment, Brotherton-Tanner also transferred a portion of the stolen funds to a non-profit’s bank account that she controlled and from the nonprofit’s bank account, she would then write checks to be distributed to herself and her family members, including Lois Brotherton, who is charged in a separate indictment. In addition, the indictment alleges that Brotherton-Tanner fraudulently misrepresented to two companies that she had filed the federal and state tax returns for both of the companies, although she knew she had not filed the tax returns or paid the taxes due since 2013. In furtherance of the scheme, Brotherton-Tanner made six electronic transfers from a third company’s bank account to the State of West Virginia Tax Department to pay off the state tax debt of one of the companies in an attempt to conceal her previous fraudulent transfers to herself and other “ghost employees.” According to the indictment, Brotherton-Tanner defrauded several businesses of at least $582,696.
In a separate five count indictment, Brotherton-Tanner’s mother, Lois Brotherton, 65, was indicted for conspiracy to commit wire fraud and wire fraud. She faces up to 100 years in prison, a $1 million fine and three years of supervised release, if convicted. According to the indictment, Brotherton also provided bookkeeping, accounting and website design services to the same Kanawha County non-profit organization as Brotherton-Tanner. The non-profit is now dissolved. According to the indictment, in 2017, Brotherton asked Brotherton-Tanner to write her checks from the non-profit’s bank account, although Brotherton knew she was not entitled to those funds. Brotherton-Tanner agreed to do so. Brotherton would receive money at the non-profit that her daughter would transfer from three different companies, without their knowledge or consent. Brotherton would then deposit the money into her personal account. As a result, the indictment alleges that Brotherton and Brotherton-Tanner defrauded the companies of at least $48,509.
The cases were investigated by the Federal Bureau of Investigation (FBI), the Internal Revenue Service-Criminal Investigations, the United States Postal Inspection Service and the West Virginia State Tax Department-Criminal Investigation Division. United States Attorney Mike Stuart and Assistant United States Attorneys Erik Goes and Kathleen Robeson are handling the prosecution.
Please note: An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00146 (Brotherton-Tanner) 2:20-cr-00147 (Brotherton).
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Cedar Rapids Man Charged with Being a Felon in Possession of a FirearmRead the Press Release
Anthony Rush, age 31, of Cedar Rapids, Iowa, has been charged with being a felon in possession of a firearm. The charge is contained in an Indictment unsealed on August 14, 2020, in United States District Court in Cedar Rapids.
The Indictment alleges that, in May 2020, Rush possessed a pistol after having been convicted of attempted burglary in the second degree in Linn County in 2012.
If convicted, Rush faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and 3 years on supervised release following any imprisonment.
Rush appeared on August 14, 2020, in federal court in Cedar Rapids and was released on bond. Rush’s next appearance for trial is set for October 13, 2020.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Cedar Rapids Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 20-62.
Follow us on Twitter @USAO_NDIA.
Catholic Charities of Southern Nevada Agrees to Pay over $200K to Resolve Claims It Fraudulently Billed the United States for Community Service GrantsRead the Press Release
PHILADELPHIA and LAS VEGAS – United States Attorney for the Eastern District of Pennsylvania, William M. McSwain, and United States Attorney for the District of Nevada, Nicholas A. Trutanich, jointly announced that Catholic Charities of Southern Nevada (Catholic Charities) has agreed to pay $206,368.35 to resolve claims arising from its administration of community service grants funded through the Corporation for National and Community Service (CNCS).
From 2003 until 2018, Catholic Charities administered multiple grants in CNCS’s Senior Corps program. These grants included the Foster Grandparent Program, which places seniors in school and community settings to serve youth with exceptional needs, and the Senior Companion Program, which places seniors in community and residential settings to assist other seniors who have difficulty with tasks of daily living. These programs provide small hourly stipends to the volunteers performing these services.
The settlement resolves claims that in 2014 and 2015, Catholic Charities’ employees who oversaw the Foster Grandparent and Senior Companion programs falsified records for the stipend recipients. They also directed recipients to falsify records, leading to CNCS grant funds being used to pay stipends for hours that were never actually worked, were in violation of program requirements, or were inflated.
When Catholic Charities executive management discovered the fraudulent actions of its employees, it voluntarily disclosed them through the CNCS-OIG hotline. It terminated the employees who had perpetrated the fraud and cooperated fully in the United States’ investigation of its administration of these grants. In 2018, Catholic Charities relinquished the grants entirely.
“Every federal grantee, including community service organizations, is required to honestly and openly report the service that its volunteers perform. Every dollar spent on an hour that was not actually served is one that is not available to support other community service efforts,” said U.S. Attorney McSwain. “Strict compliance with grant requirements ensures that federal funds reach those who need it most.”
“Each day, Catholic Charities of Southern Nevada feeds the hungry, provides shelter for the homeless, and supports families and seniors in need of assistance. The federal government relies on its non-profit partners to help ensure that federal grant funds are being used to assist their communities,” said U.S. Attorney Trutanich. “Today’s settlement is a reminder that everyone receiving federal grant funds must adhere to grant compliance requirements and self-report misuse of federal grant funds, as Catholic Charities of Southern Nevada did here. “
“Catholic Charities acted responsibly upon discovering fraud, promptly reported the misconduct, cooperated actively with the investigation and willingly made the taxpayers whole,” said CNCS’s Inspector General Deborah J. Jeffrey. “As a result, Catholic Charities was appropriately spared substantial penalties and fines. We thank our partners at the U.S. Attorney’s Offices in the Eastern District of Pennsylvania and Nevada for protecting the integrity of CNCS.”
United States Attorneys McSwain and Trutanich also praised Catholic Charities’ work in addressing the issues in these programs: “We commend Catholic Charities of Southern Nevada for promptly reporting these issues when they were discovered and for working with the Department of Justice and the Corporation for National and Community Service to make the government whole. We hope this settlement will serve as a message to other senior managers to be vigilant in overseeing government-funded programs and to ensure that their employees do not attempt to conceal any non-compliance. All organizations accepting federal funds should take their responsibility to the American taxpayers seriously to come forward promptly and cooperate fully if they discover that they have not lived up to their promises.”
This investigation was conducted jointly by the United States Attorney’s Offices for the Eastern District of Pennsylvania and District of Nevada with the Corporation for National and Community Service Office of Inspector General. Assistant United States Attorneys Paul W. Kaufman and Veronica Finkelstein of the Eastern District of Pennsylvania and Troy Flake of the District of Nevada handled the investigation and settlement. This case was initiated as a part of the U.S. Attorney’s Office for the Eastern District of Pennsylvania’s Affirmative Civil Enforcement Strike Force focus on grant fraud.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Catholic Charities of Southern Nevada Agrees to Pay over $200K to Resolve Claims It Fraudulently Billed the United States for Community Service GrantsRead the Press Release
LAS VEGAS and PHILADELPHIA– United States Attorney for the District of Nevada Nicholas A. Trutanich and United States Attorney for the Eastern District of Pennsylvania William M. McSwain jointly announced that Catholic Charities of Southern Nevada (Catholic Charities) has agreed to pay $206,368.35 to resolve claims arising from its administration of community service grants funded through the Corporation for National and Community Service (CNCS).
From 2003 until 2018, Catholic Charities administered multiple grants in CNCS’s Senior Corps program. These grants included the Foster Grandparent Program, which places seniors in school and community settings to serve youth with exceptional needs, and the Senior Companion Program, which places seniors in community and residential settings to assist other seniors who have difficulty with tasks of daily living. These programs provide small hourly stipends to the volunteers performing these services.
The settlement resolves claims that in 2014 and 2015, Catholic Charities’ employees who oversaw the Foster Grandparent and Senior Companion programs falsified records for the stipend recipients. They also directed recipients to falsify records, leading to CNCS grant funds being used to pay stipends for hours that were never actually worked, were in violation of program requirements, or were inflated.
When Catholic Charities executive management discovered the fraudulent actions of its employees, it voluntarily disclosed them through the CNCS-OIG hotline. It terminated the employees who had perpetrated the fraud and cooperated fully in the United States’ investigation of its administration of these grants. In 2018, Catholic Charities relinquished the grants entirely.
“Each day, Catholic Charities of Southern Nevada feeds the hungry, provides shelter for the homeless, and supports families and seniors in need of assistance. The federal government relies on its non-profit partners to help ensure that federal grant funds are being used to assist their communities,” said U.S. Attorney Trutanich. “Today’s settlement is a reminder that everyone receiving federal grant funds must adhere to grant compliance requirements and self-report misuse of federal grant funds, as Catholic Charities of Southern Nevada did here.”
“Every federal grantee, including community service organizations, is required to honestly and openly report the service that its volunteers perform. Every dollar spent on an hour that was not actually served is one that is not available to support other community service efforts,” said U.S. Attorney McSwain. “Strict compliance with grant requirements ensures that federal funds reach those who need it most.”
“Catholic Charities acted responsibly upon discovering fraud, promptly reported the misconduct, cooperated actively with the investigation and willingly made the taxpayers whole,” said CNCS’s Inspector General Deborah J. Jeffrey. “As a result, Catholic Charities was appropriately spared substantial penalties and fines. We thank our partners at the U.S. Attorney’s Offices in the Eastern District of Pennsylvania and Nevada for protecting the integrity of CNCS.”
United States Attorneys Trutanich and McSwain also praised Catholic Charities’ work in addressing the issues in these programs: “We commend Catholic Charities of Southern Nevada for promptly reporting these issues when they were discovered and for working with the Department of Justice and the Corporation for National and Community Service to make the government whole. We hope this settlement will serve as a message to other senior managers to be vigilant in overseeing government-funded programs and to ensure that their employees do not attempt to conceal any non-compliance. All organizations accepting federal funds should take their responsibility to the American taxpayers seriously to come forward promptly and cooperate fully if they discover that they have not lived up to their promises.”
This investigation was conducted jointly by the United States Attorney’s Offices for the District of Nevada and Eastern District of Pennsylvania with the Corporation for National and Community Service Office of Inspector General. Assistant United States Attorneys Troy Flake of the District of Nevada and Paul W. Kaufman and Veronica Finkelstein of the Eastern District of Pennsylvania handled the investigation and settlement. This case was initiated as a part of the U.S. Attorney’s Office for the Eastern District of Pennsylvania’s Affirmative Civil Enforcement Strike Force focus on grant fraud.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
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Canadian National Charged with Alien Smuggling Conspiracy and Attempting to Bring Aliens to the United StatesRead the Press Release
Cooperation efforts between United States and Turks and Caicos Islands law enforcement authorities culminated in today’s extradition to the United States of a Canadian national who has been charged with alien smuggling offenses.
Sri Kajamukam Chelliah, aka “Mohan,” 55, is charged in a criminal complaint, unsealed today in the U.S. District Court for the Southern District of Florida, with conspiracy to bring aliens to the United States and to encourage and induce aliens to come to, enter, or reside in the United States for commercial advantage and private financial gain, and attempting to bring aliens to the United States for commercial advantage and private financial gain.
“The defendant allegedly facilitated a smuggling operation by attempting to transport aliens through various countries, including the United States, for financial gain,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “This case demonstrates the department’s commitment to working with our foreign law enforcement partners to prosecute human smugglers who seek to thwart our system of legal immigration, jeopardize our national security, and risk the lives of people who face the dangers of maritime smuggling.”
“Human smugglers not only violate our country’s immigration laws and threaten our national security, they also put in jeopardy the very lives of the people they transport,” said U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida. “Alongside its local, national, and foreign partners, my office is firmly committed to prosecuting members of international criminal organizations and others who try to profit from this callous activity.”
“Transnational Criminal Organizations use human smuggling as a means for profit while at the same time threatening the security of the United States” said Special Agent in Charge Anthony Salisbury of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Miami. “HSI will continue to work with our international law enforcement partners to target criminal organizations who conspire to undermine our nation’s laws for their own profit.”
According to the complaint, Chelliah is alleged to have attempted to facilitate the travel of aliens from Sri Lanka through Haiti, Turks and Caicos Islands, and the Bahamas to the United States from on or about July 1, 2019 to Oct. 10, 2019. On Oct. 10, 2019, Turks and Caicos Island authorities interdicted a Haitian sloop sailboat carrying Chelliah and 154 aliens, including 28 Sri Lankan nationals. Chelliah was arrested on local immigration charges and later sentenced. Following the completion of his prison sentence, he was placed in immigration detention in Turks and Caicos. U.S. law enforcement determined Chelliah and others allegedly made arrangements to smuggle numerous Sri Lankan aliens to Canada through the United States for monetary payments.
Chelliah was arrested on July 28, 2020, by Turks and Caicos authorities, based on a provisional arrest request submitted by the United States. He consented to extradition and, on Aug. 15, 2020, the Governor of Turks and Caicos issued an order allowing the extradition to the United States.
This case is being investigated by HSI Miami, with assistance from the HSI Human Smuggling Unit and U.S. Customs and Border Protection (CBP). The investigation is being conducted under the Extraterritorial Criminal Travel Strike Force (ECT) program, a joint partnership between the Justice Department’s Criminal Division and HSI. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks, or present grave humanitarian concerns. ECT has dedicated investigative, intelligence and prosecutorial resources. ECT coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.
The case is being prosecuted by Trial Attorneys Rami S. Badawy and John Alex-Romano of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP), and Assistant U.S. Attorney Brian Dobbins of the Southern District of Florida. HRSP Trial Attorney Jim Hepburn provided substantial assistance during the investigation. The Justice Department’s Office of International Affairs provided significant assistance in the investigation and in securing the defendant’s extradition to the United States. The Department of Justice gratefully acknowledges the government of Turks and Caicos Islands for their valuable assistance.
The charges contained in the Chelliah complaint are merely allegations and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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.
California Woman Pleads Guilty to Iowa Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine pled guilty August 19, 2020, in federal court in Sioux City.
Marissa Weisbly, 33, from Los Osos, CA, was convicted of conspiring to distribute methamphetamine.
At the plea hearing, Weisbly admitted that on February 8, 2020, while patrolling the Grand Falls Casino parking lot in Larchwood, IA, law enforcement ultimately recovered four bags containing 1,215 grams of actual methamphetamine, two digital scales, drug paraphernalia, $817 in a safe, heroin, and marijuana in the vehicle Weisbly shared with two others. Weisbly further admitted that she and her co-conspirators had brought pounds of methamphetamine to the Midwest to distribute to others.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Weisbly remains in custody of the United States Marshal and will remain in custody pending sentencing. Weisbly faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Mikala Steenholdt and was investigated by the Lyon County Sheriff’s Office, Lyon County Attorney’s Office, and Iowa Department of Criminalistics Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4064. Follow us on Twitter @USAO_NDIA.
Bay Area Man Sentenced to Nine Years in Prison for Distributing and Possessing Child PornographyRead the Press Release
SAN JOSE – Oscar Sepulveda was sentenced to 108 months in prison and ordered to pay $9,000 in restitution for distributing and possessing child pornography, announced United States Attorney David L. Anderson and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King. The sentence was handed down by the Honorable Beth L. Freeman, U.S. District Judge.
Sepulveda, 34, of San Jose, pleaded guilty to the charges on October 8, 2019. According to the plea agreement Sepulveda admitted to using a website which allowed him to share sexually explicit images with other users and communicate with other users about the images. One such image was shared with 40 other users at one time. The defendant also possessed over 750 sexually explicit images of children on his personal devices. Sepulveda also admitted that the website gave him access to videos some of which portrayed sexual abuse of an infant or toddler. On November 29, 2018, a federal grand jury indicted Sepulveda charging him with one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B), and one count of distribution of child pornography, in violation of 18 U.S.C. § 2252(a)(2).
In addition to the prison term, Judge Freeman also sentenced the defendant to a five-year period of supervised release and ordered him to pay restitution to the victims in an amount to be determined at a later hearing. The defendant was immediately remanded into custody.
Assistant U.S. Attorney Patrick R. Delahunty is prosecuting the case with the assistance of Susan Kreider. The prosecution is the result of an investigation by HSI.
Attorney General and U.S. Attorney John Anderson Announce Updates on Operation LegendRead the Press Release
Kansas City, MO – At a press conference in Kansas City, Missouri, today, Attorney General William P. Barr and U.S. Attorney John Anderson announced updates on Operation Legend.
The Attorney General launched the operation on July 8, 2020, as a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to address persistently high rates of crimes in cities like Albuquerque. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.
To date, 16 defendants in Albuquerque have been charged with federal crimes under Operation Legend, Those crimes include charges for felon in possession of a firearm, possession of a stolen firearm, carjacking, violations of the Hobbs Act, and possession of a firearm in furtherance of drug trafficking. Other drug trafficking charges include distribution of a controlled substance, conspiracy to distribute a controlled substance, and possession with intent to distribute a controlled substance.
“It has been clear from the persistently high violent crime rate that Albuquerque needed assistance, and Operation Legend is providing just that,” said John Anderson, U.S. Attorney for the District of New Mexico, who joined the Attorney General in Kansas City for the event. “The operation is off to a promising start, as we are already prosecuting cases under this initiative. Operation Legend was developed and implemented to address gun and dangerous crime, and is not intended to police any type of assembly, protest, or other First Amendment activity. We’ve held that promise and our record bears that out.
“I remain grateful to the Attorney General for his commitment to this effort,” said Anderson. “I also appreciate the hard work of law enforcement involved in the operation. The successes we’ve experienced so far are a testament to the coordination and cooperation of our partnering agencies.”
Launched first in Kansas City, on July 8, 2020, the operation was expanded to Chicago and Albuquerque on July 22, 2020, to Cleveland, Detroit, and Milwaukee on July 29, 2020, to St. Louis and Memphis on August 6, 2020, and to Indianapolis on August 14, 2020.
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Attorney General William P. Barr and U.S. Attorney Justin Herdman announce update on Operation Legend during press conferenceRead the Press Release
During a press conference in Kansas City, MO., today, Attorney General William P. Barr, U.S. Attorney Justin Herdman and other U.S. Attorneys announced an update on the progress of Operation Legend in several cities across the country, including Cleveland.
Since the launch of Operation Legend, there have been more than 1,000 arrests, including defendants who have been charged in state and local courts. Of those arrests, approximately 217 defendants have been charged with federal crimes. These numbers exclude Indianapolis, whose operation was just announced last Friday. In addition, nearly 400 firearms have been seized by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“In just a few short weeks, federal investigators working side-by-side with state and local law enforcement have begun to make significant progress towards reducing violence related to illegal firearms, drug trafficking and other crime in our neighborhoods,” said U.S. Attorney Justin Herdman. “In Cleveland, Operation Legend’s law enforcement operations have already resulted in 32 defendants charged federally with various drug trafficking and firearms violations. These early results show the potential that Operation Legend has to make our cities and communities a safer place for everyone to live.”
The Attorney General launched the operation on July 8, 2020, as a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.
Launched first in Kansas City, MO., on July 8, 2020, the operation was expanded to Chicago and Albuquerque on July 22, 2020, to Cleveland, Detroit, and Milwaukee on July 29, 2020, to St. Louis and Memphis on August 6, 2020, and to Indianapolis on August 14, 2020. A breakdown of the federal charges in Cleveland are listed below:
Cleveland, Ohio
32 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. Two defendants remain fugitives.
- 22 defendants have been charged with federal drug trafficking charges;
- Nine defendants have been charged with federal firearms violations; and
- One defendant has been charged with carjacking.
To view Operation Legend results in other cities, click here.
Attorney General William P. Barr and U.S. Attorney Jeff Jensen Announce Updates on Operation Legend at Press Conference in Kansas City, MissouriRead the Press Release
Saint Louis – At a press conference in Kansas City, MO, today, Attorney General William P. Barr and U.S. Attorney Jeff Jensen announced updates on Operation Legend.
Since the operation’s launch, there have been more than 1,000 arrests, including defendants who have been charged in state and local courts. Of those arrests, approximately 217 defendants have been charged with federal crimes. These numbers exclude Indianapolis, whose operation was just announced last Friday. In addition, nearly 400 firearms have been seized by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Attorney General launched the operation on July 8, 2020, as a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.
Launched first in Kansas City, MO., on July 8, 2020, the operation was expanded to Chicago and Albuquerque on July 22, 2020, to Cleveland, Detroit, and Milwaukee on July 29, 2020, to Saint Louis and Memphis on August 6, 2020, and to Indianapolis on August 14, 2020. A breakdown of the federal charges in each district, with the exception of Indianapolis, is below.
In Saint Louis, 25 defendants have been charged with federal crimes, with some defendants charged with multiple offenses.
- One defendant has been charged with drug trafficking and possession of a firearm in furtherance of a drug trafficking crime following the USMS’s execution of a state arrest warrant;
- One defendant has been charged with robbery of an item effecting interstate commerce and possession of a firearm in furtherance of a crime of violence following an joint ATF, SLMPDinitiated undercover operation targeting a known shooter;
- One defendant has been charged with being a felon in possession of a firearm following ATF’s execution of a federal search warrant directed towards the residence of a suspected murderer;
- 21 defendants have been charged with drug trafficking offenses; and
- One defendant has been charged with being a drug user in possession of a firearm.
“Operation LeGend – Saint Louis represents a unique federal partnership with local law enforcement to address the increase in homicides and violent crime in Saint. Louis in 2020,” said U.S. Attorney Jeff Jensen. “Today’s announcement highlights the impactful work the brave men and women of the Saint Louis Metropolitan Police Department, Department of Homeland Security, FBI, DEA, ATF, the U.S. Marshals Service and Missouri State Highway Patrol have accomplished in Operation LeGend’s early stages. Of course, there is more important work to be done.”
Attorney General William P. Barr and U.S. Attorney D. Michael Dunavant Announce Updates on Operation LeGend at Press Conference in Kansas City,MissouriRead the Press Release
Memphis, TN - At a press conference in Kansas City, MO., today, Attorney General William P. Barr and U.S. Attorney D. Michael Dunavant announced updates on Operation LeGend.
Since the operation’s launch, there have been more than 1,000 arrests, including defendants who have been charged in state and local courts. Of those arrests, approximately 217 defendants have been charged with federal crimes. These numbers exclude Indianapolis, whose operation was just announced last Friday. In addition, nearly 400 firearms have been seized by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Attorney General launched the operation on July 8, 2020, as a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.
U.S. Attorney D. Michael Dunavant said, "Operation LeGend is leveraging our collaboration between federal, state, and local law enforcement, and is already making a difference in our collective fight against violent crime in Memphis. With these much needed federal resources, we can interrupt the shooting cycle, hold dangerous offenders accountable, reduce violent crime rates, and ultimately save lives."
Launched first in Kansas City, MO., on July 8, 2020, the operation was expanded to Chicago and Albuquerque on July 22, 2020, to Cleveland, Detroit, and Milwaukee on July 29, 2020, to St. Louis and Memphis on August 6, 2020, and to Indianapolis on August 14, 2020. A breakdown of the federal charges in each district, with the exception of Indianapolis, is below.
Memphis, Tenn.
Seven defendants have been charged with federal offenses, with some defendants charged with multiple offenses.
- One defendant has been charged with being an alien in possession of a firearm while illegally or unlawfully in the United States;
- One defendant, who lives in Memphis, was charged in an out-of-district federal case with conspiracy to distribute methamphetamine;
- Two defendants have been charged with being unlawful users of a controlled substance in possession of a firearm and making a material false statement when acquiring a firearm from a Federal Firearms Licensee (FFL); and
- Two cases remain under seal, but the charges are as follows:
o One defendant has been charged with bank robbery
o Two defendants charged with theft from an FFL.
Kansas City, MO.
43 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. In addition to the federal charges, the operation has led to the arrests of 17 state defendants on homicide charges.
- 20 defendants have been charged with being a felon in possession of a firearm;
- 17 defendants have been charged with drug trafficking;
- Four defendants have been charged with being a drug user in possession of a firearm;
- Six defendants have been charged with being in possession of a firearm in furtherance of drug trafficking;
- Four defendants have been charged with being in possession of a firearm in furtherance of violent crime;
- One defendant has been charged with being a felon in possession of ammunition;
- Three defendants have been charged with armed robbery;
- One defendant has been charged with carjacking; and
- One defendant has been charged with arson.
Chicago, Ill.
61 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses.
- 34 defendants have been charged with firearms-related offenses;
- 26 defendants have been charged with narcotics-related offenses;
- One defendant has been charged with possession of machine gun;
- One defendant has been charged with illegally dealing firearms without a license;
- One defendant has been charged with the illegal sale of firearm to prohibited person; and
- One defendant has been charged with bank fraud.
Albuquerque, NM.
16 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses.
- Six defendants have been charged with conspiracy to distribute controlled substances;
- Four defendants have been charged with distribution of controlled substances;
- Six defendants have been charged with possession with intent to distribute a controlled substance;
- Four defendants have been charged with being in possession of a firearm in furtherance of drug trafficking;
- Eight defendants have been charged with being a felon in possession of a firearm;
- One defendant has been charged with being in possession of a stolen firearm;
- Two defendants have been charged with Hobbs Act violations;
- One defendant has been charged with carjacking; and
- One defendant has been charged with re-entry of a removed alien.
Cleveland, OH.
32 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. Two defendants remain fugitives.
- 22 defendants have been charged with federal drug trafficking charges;
- Nine defendants have been charged with federal firearms violations; and
- One defendant had been charged with carjacking.
Detroit,MI.
22 defendants have been charged with federal offenses outlined below, with some defendants charged with multiple offenses.
- 14 defendants have been charged with being a felon in possession of a firearm;
- Two defendants have been charged with possession with the intent to distribute controlled substances;
- Two defendants have been charged with possession of a firearm in furtherance of drug trafficking;
- Three defendants have been charged with receipt of a firearm while under indictment;
- Four defendants have been charged with making false statement to a licensed firearm dealer; and
- Two defendants have been charged with carjacking.
Milwaukee, WI.
11 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. In addition, thus far, 28 firearms have been seized.
- Eight defendants have been charged with being a felon in possession of a firearm;
- Five defendants have been charged with possession with intent to distribute narcotics;
- Four defendants have been charged with possession of a firearm in furtherance of drug trafficking;
- Two defendants have been charged with making false statements to a licensed firearm dealer;
- One defendant has been charged with possession of a firearm while being an unlawful user of narcotics;
- One defendant has been charged with being a felon in possession of ammunition; and
- One defendant has been charged with distribution of narcotics.
St. Louis, MO.
15 defendants have been charged with federal crimes, with some defendants charged with multiple offenses.
- One defendant has been charged with drug trafficking and possession of a firearm in furtherance of a drug trafficking crime following the USMS’s execution of a state arrest warrant;
- One defendant has been charged with robbery of an item effecting interstate commerce and possession of a firearm in furtherance of a crime of violence following an joint ATF, SLMPD-initiated undercover operation targeting a known shooter;
- One defendant has been charged with being a felon in possession of a firearm following ATF’s execution of a federal search warrant directed towards the residence of a suspected murderer;
- 11 defendants have been charged with drug trafficking offenses; and
- One defendant has been charged with being a drug user in possession of a firearm.
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Attorney General William P. Barr Announces Updates on Operation Legend at Press Conference in Kansas City, MissouriRead the Press Release
At a press conference in Kansas City, Missouri, today, Attorney General William P. Barr announced updates on Operation Legend.
Since the operation’s launch, there have been more than 1,000 arrests, including defendants who have been charged in state and local courts. Of those arrests, approximately 217 defendants have been charged with federal crimes. These numbers exclude Indianapolis, whose operation was just announced last Friday. In addition, nearly 400 firearms have been seized by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Attorney General launched the operation on July 8, 2020, as a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.
Launched first in Kansas City, MO., on July 8, 2020, the operation was expanded to Chicago and Albuquerque on July 22, 2020, to Cleveland, Detroit, and Milwaukee on July 29, 2020, to St. Louis and Memphis on Aug. 6, 2020, and to Indianapolis on Aug. 14, 2020. A breakdown of the federal charges in each district, with the exception of Indianapolis, is below.
Kansas City, MO.
Forty-three defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. In addition to the federal charges, the operation has led to the arrests of 17 state defendants on homicide charges.
- 20 defendants have been charged with being a felon in possession of a firearm;
- 17 defendants have been charged with drug trafficking;
- Four defendants have been charged with being a drug user in possession of a firearm;
- Six defendants have been charged with being in possession of a firearm in furtherance of drug trafficking;
- Four defendants have been charged with being in possession of a firearm in furtherance of violent crime;
- One defendant has been charged with being a felon in possession of ammunition;
- Three defendants have been charged with armed robbery;
- One defendant has been charged with carjacking; and
- One defendant has been charged with arson.
Chicago, Ill.
Sixty-one defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses.
- 34 defendants have been charged with firearms-related offenses;
- 26 defendants have been charged with narcotics-related offenses;
- One defendant has been charged with possession of machine gun;
- One defendant has been charged with illegally dealing firearms without a license;
- One defendant has been charged with the illegal sale of firearm to prohibited person; and
- One defendant has been charged with bank fraud.
Albuquerque, NM.
Sixteen defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses.
- Six defendants have been charged with conspiracy to distribute controlled substances;
- Four defendants have been charged with distribution of controlled substances;
- Six defendants have been charged with possession with intent to distribute a controlled substance;
- Four defendants have been charged with being in possession of a firearm in furtherance of drug trafficking;
- Eight defendants have been charged with being a felon in possession of a firearm;
- One defendant has been charged with being in possession of a stolen firearm;
- Two defendants have been charged with Hobbs Act violations; and
- One defendant has been charged with carjacking.
Cleveland, OH.
Thirty-two defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. Two defendants remain fugitives.
- 22 defendants have been charged with federal drug trafficking charges;
- Nine defendants have been charged with federal firearms violations; and
- One defendant had been charged with carjacking.
Detroit, MI.
Twenty-two defendants have been charged with federal offenses outlined below, with some defendants charged with multiple offenses.
- 14 defendants have been charged with being a felon in possession of a firearm;
- Two defendants have been charged with possession with the intent to distribute controlled substances;
- Two defendants have been charged with possession of a firearm in furtherance of drug trafficking;
- Three defendants have been charged with receipt of a firearm while under indictment;
- Four defendants have been charged with making false statement to a licensed firearm dealer; and
- Two defendants have been charged with carjacking.
Milwaukee, WI.
Eleven defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. In addition, thus far, 28 firearms have been seized.
- Eight defendants have been charged with being a felon in possession of a firearm;
- Five defendants have been charged with possession with intent to distribute narcotics;
- Four defendants have been charged with possession of a firearm in furtherance of drug trafficking;
- Two defendants have been charged with making false statements to a licensed firearm dealer;
- One defendant has been charged with possession of a firearm while being an unlawful user of narcotics;
- One defendant has been charged with being a felon in possession of ammunition; and
- One defendant has been charged with distribution of narcotics.
St. Louis, MO.
Twenty-five defendants have been charged with federal crimes, with some defendants charged with multiple offenses.
- One defendant has been charged with drug trafficking and possession of a firearm in furtherance of a drug trafficking crime following the USMS’s execution of a state arrest warrant;
- One defendant has been charged with robbery of an item effecting interstate commerce and possession of a firearm in furtherance of a crime of violence following an joint ATF, SLMPD-initiated undercover operation targeting a known shooter;
- One defendant has been charged with being a felon in possession of a firearm following ATF’s execution of a federal search warrant directed towards the residence of a suspected murderer;
- 21 defendants have been charged with drug trafficking offenses; and
- One defendant has been charged with being a drug user in possession of a firearm.
Memphis, Tenn.
Seven defendants have been charged with federal offenses, with some defendants charged with multiple offenses.
- One defendant has been charged with being an alien in possession of a firearm while illegally or unlawfully in the United States;
- One defendant, who lives in Memphis, was charged in an out-of-district federal case with conspiracy to distribute methamphetamine;
- Two defendants have been charged with being unlawful users of a controlled substance in possession of a firearm and making a material false statement when acquiring a firearm from a Federal Firearms Licensee (FFL); and
- Two cases remain under seal, but the charges are as follows:
- One defendant has been charged with bank robbery
- Two defendants charged with theft from an FFL.
Attorney General William P. Barr Announces Updates on Operation Legend at Press Conference in Kansas City, MissouriRead the Press Release
U.S. Attorney Tim Garrison introduced U.S. Attorney General William P. Barr at a press conference in Kansas City. He was joined by LeGend's mother, Charron Powell, and Kansas City Police Chief Rick Smith.KANSAS CITY, Mo. – At a press conference in Kansas City, Missouri, today, Attorney General William P. Barr announced updates on Operation Legend.
“Operation LeGend is working,” said U.S. Attorney Tim Garrison in introducing Attorney General Barr. “In just four weeks, it has resulted in the arrests of 18 homicide suspects and the seizure of over 70 illegal firearms. In June, Kansas City had more than three killings every four days. Since our announcement on July 8, that rate has been reduced to fewer than three killings every five days. There is much to be done, but to use the parlance of our day, we are flattening the curve in Kansas City.”
“We are grateful here in Kansas City for these additional resources,” added Garrison, who was joined by U.S. Attorneys from across the United States who have launched Operation LeGend in their districts, “and we are gratified to see Operation LeGend expand to other cities represented by my colleagues here.”
Since the operation’s launch, there have been more than 1,000 arrests, including defendants who have been charged in state and local courts. Of those arrests, approximately 217 defendants have been charged with federal crimes. These numbers exclude Indianapolis, whose operation was just announced last Friday. In addition, nearly 400 firearms have been seized by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Attorney General launched the operation on July 8, 2020, as a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.
Launched first in Kansas City, MO., on July 8, 2020, the operation was expanded to Chicago and Albuquerque on July 22, 2020, to Cleveland, Detroit, and Milwaukee on July 29, 2020, to St. Louis and Memphis on August 6, 2020, and to Indianapolis on August 14, 2020. A breakdown of the federal charges in each district, with the exception of Indianapolis, is below.
Kansas City, MO.
43 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. In addition to the federal charges, the operation has led to the arrests of 17 state defendants on homicide charges.
- 20 defendants have been charged with being a felon in possession of a firearm; - 17 defendants have been charged with drug trafficking; - Four defendants have been charged with being a drug user in possession of a firearm; - Six defendants have been charged with being in possession of a firearm in furtherance of drug trafficking; - Four defendants have been charged with being in possession of a firearm in furtherance of violent crime; - One defendant has been charged with being a felon in possession of ammunition; - Three defendants have been charged with armed robbery; - One defendant has been charged with carjacking; and
- One defendant has been charged with arson.Chicago, Ill.
61 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses.
34 defendants have been charged with firearms-related offenses; 26 defendants have been charged with narcotics-related offenses; One defendant has been charged with possession of machine gun; One defendant has been charged with illegally dealing firearms without a license; One defendant has been charged with the illegal sale of firearm to prohibited person; and
One defendant has been charged with bank fraud.Albuquerque, NM.
16 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses.
Six defendants have been charged with conspiracy to distribute controlled substances; Four defendants have been charged with distribution of controlled substances; Six defendants have been charged with possession with intent to distribute a controlled substance; Four defendants have been charged with being in possession of a firearm in furtherance of drug trafficking; Eight defendants have been charged with being a felon in possession of a firearm; One defendant has been charged with being in possession of a stolen firearm; Two defendants have been charged with Hobbs Act violations; and
One defendant has been charged with carjacking.Cleveland, OH.
32 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. Two defendants remain fugitives.
22 defendants have been charged with federal drug trafficking charges; Nine defendants have been charged with federal firearms violations; and
One defendant had been charged with carjacking.Detroit, MI.
22 defendants have been charged with federal offenses outlined below, with some defendants charged with multiple offenses.
14 defendants have been charged with being a felon in possession of a firearm; Two defendants have been charged with possession with the intent to distribute controlled substances; Two defendants have been charged with possession of a firearm in furtherance of drug trafficking; Three defendants have been charged with receipt of a firearm while under indictment; Four defendants have been charged with making false statement to a licensed firearm dealer; and
Two defendants have been charged with carjacking.Milwaukee, WI.
11 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. In addition, thus far, 28 firearms have been seized.
Eight defendants have been charged with being a felon in possession of a firearm; Five defendants have been charged with possession with intent to distribute narcotics; Four defendants have been charged with possession of a firearm in furtherance of drug trafficking; Two defendants have been charged with making false statements to a licensed firearm dealer; One defendant has been charged with possession of a firearm while being an unlawful user of narcotics; One defendant has been charged with being a felon in possession of ammunition; and
One defendant has been charged with distribution of narcotics.St. Louis, MO.
25 defendants have been charged with federal crimes, with some defendants charged with multiple offenses.- One defendant has been charged with drug trafficking and possession of a firearm in furtherance of a drug trafficking crime following the USMS’s execution of a state arrest warrant; - One defendant has been charged with robbery of an item effecting interstate commerce and possession of a firearm in furtherance of a crime of violence following an joint ATF, SLMPD-initiated undercover operation targeting a known shooter; - One defendant has been charged with being a felon in possession of a firearm following ATF’s execution of a federal search warrant directed towards the residence of a suspected murderer; - 21 defendants have been charged with drug trafficking offenses; and
- One defendant has been charged with being a drug user in possession of a firearm.Memphis, Tenn.
Seven defendants have been charged with federal offenses, with some defendants charged with multiple offenses.One defendant has been charged with being an alien in possession of a firearm while illegally or unlawfully in the United States; - One defendant, who lives in Memphis, was charged in an out-of-district federal case with conspiracy to distribute methamphetamine; Two defendants have been charged with being unlawful users of a controlled substance in possession of a firearm and making a material false statement when acquiring a firearm from a Federal Firearms Licensee (FFL); and
Two cases remain under seal, but the charges are as follows: One defendant has been charged with bank robbery
Two defendants charged with theft from an FFL.
Attorney General William P. Barr Announces Updates on Operation Legend at Press Conference in Kansas City, MissouriRead the Press Release
Today, United States Attorney Matthew D. Krueger joins the Attorney General William P. Barr in announcing updates on Operation Legend.
Since the operation’s launch, there have been more than 1,000 arrests, including defendants who have been charged in state and local courts. Of those arrests, approximately 207 defendants have been charged with federal crimes. These numbers exclude Indianapolis, whose operation was just announced last Friday. In addition, nearly 400 firearms have been seized by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Attorney General launched the operation on July 8, 2020, as a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.
“As Attorney General Barr has said, the most basic duty of government is to protect the safety of our citizens,” remarked U.S. Attorney Krueger. “Operation Legend is already yielding results in Milwaukee and other cities. Working together with our state and local partners, this effort will enhance the safety of Milwaukee’s neighborhoods.”
The operation was expanded to Chicago and Albuquerque on July 22, 2020, to Cleveland, Detroit, and Milwaukee on July 29, 2020, to St. Louis and Memphis on August 6, 2020, and to Indianapolis on August 14, 2020. A breakdown of the federal charges in each district, with the exception of Indianapolis, is below.
Kansas City, MO.
43 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. In addition to the federal charges, the operation has led to the arrests of 17 state defendants on homicide charges.
- 20 defendants have been charged with being a felon in possession of a firearm;
- 17 defendants have been charged with drug trafficking;
- Four defendants have been charged with being a drug user in possession of a firearm;
- Six defendants have been charged with being in possession of a firearm in furtherance of drug trafficking;
- Four defendants have been charged with being in possession of a firearm in furtherance of violent crime;
- One defendant has been charged with being a felon in possession of ammunition;
- Three defendants have been charged with armed robbery;
- One defendant has been charged with carjacking; and
- One defendant has been charged with arson.
Chicago, Ill.
61 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses.
- 34 defendants have been charged with firearms-related offenses;
- 26 defendants have been charged with narcotics-related offenses;
- One defendant has been charged with possession of machine gun;
- One defendant has been charged with illegally dealing firearms without a license;
- One defendant has been charged with the illegal sale of firearm to prohibited person; and
- One defendant has been charged with bank fraud.
Albuquerque, NM.
16 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses.
- Six defendants have been charged with conspiracy to distribute controlled substances;
- Four defendants have been charged with distribution of controlled substances;
- Six defendants have been charged with possession with intent to distribute a controlled substance;
- Four defendants have been charged with being in possession of a firearm in furtherance of drug trafficking;
- Eight defendants have been charged with being a felon in possession of a firearm;
- One defendant has been charged with being in possession of a stolen firearm;
- Two defendants have been charged with Hobbs Act violations;
- One defendant has been charged with carjacking; and
- One defendant has been charged with re-entry of a removed alien.
Cleveland, OH.
- 22 defendants have been charged with federal drug trafficking charges;
- Nine defendants have been charged with federal firearms violations; and
- One defendant had been charged with carjacking.
Detroit, MI.
22 defendants have been charged with federal offenses outlined below, with some defendants charged with multiple offenses.
- 14 defendants have been charged with being a felon in possession of a firearm;
- Two defendants have been charged with possession with the intent to distribute controlled substances;
- Two defendants have been charged with possession of a firearm in furtherance of drug trafficking;
- Three defendants have been charged with receipt of a firearm while under indictment;
- Four defendants have been charged with making false statement to a licensed firearm dealer; and
- Two defendants have been charged with carjacking.
Milwaukee, WI.
11 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. In addition, thus far, 28 firearms have been seized.
- Eight defendants have been charged with being a felon in possession of a firearm;
- Five defendants have been charged with possession with intent to distribute narcotics;
- Four defendants have been charged with possession of a firearm in furtherance of drug trafficking;
- Two defendants have been charged with making false statements to a licensed firearm dealer;
- One defendant has been charged with possession of a firearm while being an unlawful user of narcotics;
- One defendant has been charged with being a felon in possession of ammunition; and
- One defendant has been charged with distribution of narcotics.
St. Louis, MO.
15 defendants have been charged with federal crimes, with some defendants charged with multiple offenses.
- One defendant has been charged with drug trafficking and possession of a firearm in furtherance of a drug trafficking crime following the USMS’s execution of a state arrest warrant;
- One defendant has been charged with robbery of an item effecting interstate commerce and possession of a firearm in furtherance of a crime of violence following an joint ATF, SLMPD-initiated undercover operation targeting a known shooter;
- One defendant has been charged with being a felon in possession of a firearm following ATF’s execution of a federal search warrant directed towards the residence of a suspected murderer;
- 11 defendants have been charged with drug trafficking offenses; and
- One defendant has been charged with being a drug user in possession of a firearm.
Memphis, Tenn.
Seven defendants have been charged with federal offenses, with some defendants charged with multiple offenses.
- One defendant has been charged with being an alien in possession of a firearm while illegally or unlawfully in the United States;
- One defendant, who lives in Memphis, was charged in an out-of-district federal case with conspiracy to distribute methamphetamine;
- Two defendants have been charged with being unlawful users of a controlled substance in possession of a firearm and making a material false statement when acquiring a firearm from a Federal Firearms Licensee (FFL); and
- Two cases remain under seal, but the charges are as follows:
- One defendant has been charged with bank robbery
- Two defendants charged with theft from an FFL.
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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Alien Indicted on Illegal Reentry ChargesRead the Press Release
RALEIGH, N.C. – A federal grand jury returned an indictment today charging CARLOS CASTILLO-RODRIGUEZ, age 40, of Honduras, with illegal reentry of a removed alien.
If convicted of illegal reentry, CASTILLO-RODRIGUEZ, previously deported three times and found in Wake County, would face a maximum imprisonment term of two years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement. ICE’s Enforcement and Removal Operations and Homeland Security Investigations are investigating the case.
A copy of this press release is located on our website.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
18 August 2020
“Lottery Lawyer” and Three Co-Conspirators Indicted in $107 Million Scheme to Defraud Lottery-Winning ClientsRead the Press Release
An indictment was unsealed earlier today in federal court in Brooklyn charging attorney Jason Kurland, Christopher Chierchio, Francis Smookler, a former securities broker, and Frangesco Russo with wire fraud, wire fraud conspiracy, money laundering and money laundering conspiracy in connection with a scheme to defraud Kurland’s clients that resulted in $107 million in losses. In addition, Kurland was charged with honest services fraud for his role in the scheme, and Russo and Smookler are charged with extortionate extension and collection of credit for threatening to kill an individual and his family for failure to repay a usurious loan.
The defendants were arrested today and will be arraigned this afternoon via teleconference before United States Magistrate Judge Lois Bloom.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the arrests and charges.
“Defendant Kurland allegedly violated the law and his oath as a lawyer when he allowed co-conspirators to pillage his clients’ bank accounts for their own enrichment,” stated Acting United States Attorney DuCharme. “In addition, Russo and Smookler allegedly threatened to torture an individual’s wife and children. The defendants callously thought they could line their pockets with lottery winnings without consequence, but today their luck ran out.”
“Lottery winners can't believe their luck when they win millions of dollars, and the men we arrested this morning allegedly used that euphoric feeling to their advantage,” stated FBI Assistant Director-in-Charge Sweeney. “The FBI New York discovered how these victims were persuaded to put large chunks of their cash into investments that benefited the defendants. Rather than try their luck at the lottery, these men resorted to defrauding the victims to get rich, but their gamble didn't pay off.”
The Scheme to Defraud the Lottery Victims
As set forth in court filings, Kurland is a self-dubbed “Lottery Lawyer” purporting to represent dozens of lottery winners throughout the country with total winnings of approximately $3 billion. One of the winners won the $1.5 billion Mega Millions lottery, another won the $245 million Powerball jackpot, and the third won the $150 million jackpot (together, the “Lottery Victims”). The Lottery Victims each paid Kurland and his law firm hundreds of thousands of dollars, in part so that he could advise them on how to safely invest their money. After gaining their trust with primarily traditional investments, Kurland steered his clients to invest in various entities and business deals controlled and directed by Russo, Smookler and Chierchio, and received kickbacks in return – which Kurland failed to disclose to his clients. The defendants then used the money from the Lottery Victims’ investments to keep their scheme going and to enrich themselves. A portion of these funds was funneled back to the Lottery Victims and falsely presented to them as “interest payments” on their investments, other funds went to Kurland as kickbacks, and millions of dollars were stolen to support the defendants’ lavish lifestyles – private jets, expensive vacations and luxury vehicles including two yachts. The funds that the defendants actually invested in various entities and deals were, in large part, eventually lost.
In intercepted calls cited in court documents, the defendants can be heard discussing their scheme, attempting to cover their tracks and expressing concern about what might happen to them if they were caught by law enforcement.
The Scheme to Extort Altieri
Russo’s and Smookler invested some of the Lottery Victims’ money with Gregory Altieri, a jewelry merchant, and then extended him a $250,000 “street loan.” Conversations recorded during the government’s investigation revealed that Russo and Smookler expected to be repaid over $400,000 for the $250,000 loan, and the threats Russo and Smookler made to Altieri in their attempt to collect it. Russo informed Altieri that he had a “few tactical shotguns . . . with lasers,” and Smookler told Altieri that if he did not fully repay the loan, “it’s just going to be unbelievable.” Russo compared himself to the mob-affiliated character in “Uncut Gems,” a movie that ends with the indebted diamond dealer shot dead. On another call, Russo told Altieri, “They’re gonna pop your head off in front of your f------ kids. This guy has no clue what he’s getting into.” Smookler told Altieri, “You watch my man, you f-----d me, now watch what I am gonna do to you, I’m coming brother. Full f-----g steam ahead.”
Russo and Smookler also threatened to harm Altieri’s family if Altieri did not repay the loan. Smookler told Altieri that, “[W]e are gonna find your wife today. That’s happening.” Russo informed Altieri that the people coming for him are “going to make you watch as they rip your son’s teeth out of his mouth, watch, they’re going to do worse things to your wife.”
The government has taken steps to recover funds stolen in connection with the charged scheme to defraud the Lottery Victims, including executing warrants to seize 13 bank accounts associated with the defendants’ scheme, and placing liens on three properties that Smookler and Russo allegedly purchased and/or renovated with stolen funds.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Business & Securities Fraud Section. Assistant United States Attorneys Andrey Spektor and Lindsay K. Gerdes are in charge of the prosecution, assisted by Assistant United States Attorney Brian D. Morris of the Office’s Asset Forfeiture Unit and by a Special Agent of the Office’s Business & Securities Fraud Section.
The Defendants:
CHRISTOPHER CHIERCHIO
Age: 52
Staten Island, NYJASON KURLAND
Age: 46
Dix Hills, NYFRANGESCO RUSSO
Age: 38
Roslyn, NYFRANCIS SMOOKLER
Age: 45
Oyster Bay, NYE.D.N.Y. Docket No. 20-CR-306 (NGG)
United States Files False Claims Act Complaint Against Drug Maker Teva Pharmaceuticals Alleging Illegal KickbacksRead the Press Release
The United States has filed a False Claims Act complaint against Teva Pharmaceuticals USA Inc. and Teva Neuroscience Inc. (Teva), alleging that they illegally paid the Medicare co-pays for their multiple sclerosis (MS) product, Copaxone, through purportedly independent foundations that the companies used as conduits in violation of the Anti-Kickback Statute, the Department of Justice announced today.
“The department is committed to stopping pharmaceutical companies from using foundations as conduits to funnel kickbacks to Medicare patients, and to prop up excessive drug costs at the expense of the American taxpayers,” said Acting Assistant Attorney General Ethan P. Davis of the Department of Justice’s Civil Division. “We will continue to root out these unlawful kickback arrangements that undermine the integrity of federal health care programs.”
“The government’s complaint today alleges that Teva used ostensibly independent charitable foundations as vehicles to pay hundreds of millions of dollars in kickbacks, all while raising the price of its drug, Copaxone, at a rate over 19 times the rate of inflation,” said Andrew E. Lelling, United States Attorney for the District of Massachusetts. “Teva’s alleged kickbacks undermined the Medicare program’s co-pay structure, which Congress created as a safeguard against inflated drug prices.”
“Drug manufacturers that offer kickbacks in order to boost profits – as alleged in this case – drive up health care costs for everyone and undermine the public’s trust in the health care system,” said Special Agent in Charge Phillip M. Coyne of the U.S. Department of Health and Human Services, Office of Inspector General. “Our agency, working closely with our law enforcement partners, will continue to thoroughly investigate such corrosive schemes.”
“As alleged, Teva gamed Medicare and tried to deflect attention away from a 329% increase in the cost of its drug by masking kickbacks as charitable contributions,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI's Boston Division. “This case demonstrates the FBI’s ongoing commitment to protect our government programs and the American taxpayers who contribute to them from being victimized by corporations who allegedly pay kickbacks to pad their bottom line.”
When a Medicare beneficiary obtains a prescription drug covered by Medicare Part D, the beneficiary may be required to make a partial payment, which may take the form of a co-payment, co-insurance, or deductible (collectively, co-pays). These co-pay obligations may be substantial for expensive medications. Congress included co-pay requirements in these programs, in part, to encourage market forces to serve as a check on health care costs, including the prices that pharmaceutical manufacturers can demand for their drugs. The Anti-Kickback Statute prohibits pharmaceutical companies from offering or paying, directly or indirectly, any remuneration – which includes money or any other thing of value – to induce Medicare patients to purchase the companies’ drugs.
The government alleges that, from 2007 through 2015, Teva paid The Assistance Fund (TAF) and Chronic Disease Fund (CDF) with the intent and understanding that the foundations would use Teva’s money to cover the Medicare co-pays of patients taking Copaxone. During the same period, Teva raised the price of Copaxone from approximately $17,000 per year to over $73,000 per year.
According to the United States’ complaint, Teva largely effectuated its scheme through its vendor, Advanced Care Scripts Inc. (ACS), a specialty pharmacy to which Teva referred virtually all Copaxone patients who faced Medicare co-pays for the drug. Teva used information from ACS and from TAF and CDF to calculate how much money to pay each foundation to maintain coverage of the Medicare co-pays of Copaxone patients enrolled in each foundation. The U.S. further alleges that ACS coordinated the referral of newly-prescribed Copaxone patients to TAF and CDF with Teva, referring patients in batches at the same time that Teva made payments to the foundations, which ensured that Copaxone patients received the vast majority of the co-pay assistance TAF and CDF provided with money from Teva.
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 800‑HHS‑TIPS (800-447-8477).
The lawsuits are being handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the District of Massachusetts. Investigative support is being provided by the Department of Health and Human Services' Office of Inspector General and the Federal Bureau of Investigation.
The case is captioned United States v. Teva Pharmaceuticals USA, Inc. and Teva Neuroscience, Inc. No. 20-cv-11548. (D. Mass.). The claims asserted in the government’s complaint are allegations only.
United States Files False Claims Act Complaint Against Drug Maker Teva PharmaceuticalsRead the Press Release
BOSTON – The U.S. Attorney’s Office has filed a complaint under the False Claims Act against Teva Pharmaceuticals USA, Inc., and Teva Neuroscience, Inc., the maker of Copaxone, a drug for multiple sclerosis (MS).
The government alleges that Teva conspired with a specialty pharmacy, Advanced Care Scripts, Inc. (ACS), and two purportedly independent foundations, Chronic Disease Fund (CDF) and The Assistance Fund (TAF), to violate the Anti-Kickback Statute and False Claims Act by using the foundations as conduits to subsidize Medicare co-pays for Copaxone, all while steadily raising Copaxone’s price.
When a Medicare beneficiary obtains a prescription drug covered by Medicare Part B or Part D, the beneficiary may be required to make a partial payment, which may take the form of a co-payment, co-insurance, or deductible (collectively “co-pays”). These co-pay obligations may be substantial for expensive medications. Congress included co-pay requirements in these programs, in part, to encourage market forces to serve as a check on health care costs, including the prices that pharmaceutical manufacturers can demand for their drugs. The Anti-Kickback Statute prohibits pharmaceutical companies from offering or paying, directly or indirectly, any remuneration – which includes money or any other thing of value – to induce Medicare patients to purchase the companies’ drugs.
“The government’s complaint today alleges that Teva used ostensibly independent charitable foundations as vehicles to pay hundreds of millions of dollars in kickbacks, all while raising the price of its drug, Copaxone, at a rate over 19 times the rate of inflation,” said Andrew E. Lelling, United States Attorney for the District of Massachusetts. “Teva’s alleged kickbacks undermined the Medicare program’s co-pay structure, which Congress created as a safeguard against inflated drug prices.”
“The Department is committed to stopping pharmaceutical companies from using foundations as conduits to funnel kickbacks to Medicare patients, and to prop up excessive drug costs at the expense of the American taxpayers,” said Acting Assistant Attorney General Ethan P. Davis of the Department of Justice’s Civil Division. “We will continue to root out these unlawful kickback arrangements that undermine the integrity of federal health care programs.”
“Drug manufacturers that offer kickbacks in order to boost profits – as alleged in this case – drive up health care costs for everyone and undermine the public’s trust in the health care system,” said Special Agent in Charge Phillip M. Coyne of the U.S. Department of Health and Human Services, Office of Inspector General. “Our agency, working closely with our law enforcement partners, will continue to thoroughly investigate such corrosive schemes.”
“As alleged, Teva gamed Medicare and tried to deflect attention away from a 329% increase in the cost of its drug by masking kickbacks as charitable contributions,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “This case demonstrates the FBI’s ongoing commitment to protect our government programs and the American taxpayers who contribute to them from being victimized by corporations who allegedly pay kickbacks to pad their bottom line.”
The government alleges that, from 2006 through at least 2015, Teva paid the two foundations well over $300 million, not as charity for MS patients generally, but with the intent and understanding that the foundations would use Teva’s money to cover the Medicare co-pays of patients taking Copaxone. During the same period, Teva raised the price of Copaxone from approximately $17,000 per year to over $73,000 per year. Meanwhile, because of Teva’s kickbacks, many Medicare patients (and their doctors) had no reason to consider the drug’s ever-increasing cost.
According to the complaint, Teva effectuated its scheme through ACS, to which Teva referred virtually all Copaxone patients who faced Medicare co-pays for the drug. ACS, in turn, arranged for the patients to obtain Medicare co-pay coverage from the foundations and then reported back to Teva how many Copaxone patients were receiving co-pay coverage from each foundation. At the end of each year, Teva used information from ACS and the foundations to determine how much money each foundation would need to cover the Medicare co-pays of existing Copaxone patients for the following year, and Teva paid each foundation accordingly.
The government further alleges that, after the beginning of a year, when the foundations’ MS funds were often closed to new patients because the foundations had allocated all of their funding to existing patients, ACS would provide periodic reports to Teva on the number of new Copaxone patients awaiting Medicare co-pay assistance. When an ACS report showed a substantial number of Copaxone patients waiting, Teva would multiply the number of waiting patients by the foundation’s average grant amount for Copaxone patients, add the foundation’s administrative fee, and then send a corresponding payment to the foundation. Just before sending the payment, Teva would notify ACS, which then would send a “batch file” of applications for all the waiting Copaxone patients to the foundation so that the foundation would act on those applications as soon as the fund re-opened. In this way, Teva and ACS ensured that Copaxone patients received the vast majority of the co-pay grants the foundations made whenever they re-opened their MS funds with money from Teva.
The government previously entered into settlement agreements with ACS, TAF, and CDF.
U.S. Attorney Lelling, Acting AAG Davis, HHS-OIG SAC Coyne, and FBI Boston SAC Bonavolonta made the announcement today. The matter is being handled by Assistant U.S. Attorneys Gregg Shapiro, Abraham George, and Evan Panich of Lelling’s Affirmative Civil Enforcement Unit and Trial Attorneys Douglas Rosenthal and Nelson Wagner of the Department of Justice’s Civil Division.
United States Attorney Applauds Pardon of Susan B. AnthonyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, NY – U.S. Attorney James P. Kennedy, Jr. is thanking President Trump for pardoning Susan B. Anthony today, on the centennial of the ratification of the 19th Amendment to the U.S. Constitution.
U.S. Attorney Kennedy stated, “On behalf of the citizens of Western New York, I commend and thank President Trump for his decision to pardon, Susan B. Anthony, our courageous native sister who, from our little corner of this great Nation, launched the Suffrage movement and spent her adult-life fighting tirelessly for abolition, educational reforms, and women’s rights. Anthony’s efforts transformed our Constitution and, with it, our country, and the President’s pardon of her on the centennial of the ratification of the 19th Amendment reminds us that Anthony’s quest for equality, freedom, and justice is one that continues today.”
Susan B. Anthony, 1820 – 1906, moved to upstate New York in 1826 and spent most of her life pursuing recognition of women’s rights, and particularly the right to vote. Anthony campaigned for women’s suffrage for over 50 years. Her tireless advocacy, passion, perseverance, leadership, and ultimately persuasive effect was such that the 19th Amendment to the U.S. Constitution granting women the right to vote became known as the Susan B. Anthony amendment. A fighter to the end, Anthony’s last speech, a month before her death, concluded “failure is impossible!”
Anthony was able to vote in a state or federal election only once in her life, and it resulted in her criminal conviction.
An indictment returned by a grand jury in Albany on January 24, 1873, charged Anthony with voting in Rochester (then) in the Northern District of New York, on November 5, 1872, “for a Representative in the Congress of the United States . . . without having a lawful right to vote in said election district (the said Susan B. Anthony being then and there a person of the female sex).”
U.S. Supreme Court Justice Ward Hunt presided at the trial, conducted July 17-19, 1873 in U.S. Circuit Court for the Northern District of New York in Canandaigua . Three witnesses testified that: Anthony had been permitted to register to vote upon her claim that her right to do so rested not on the New York Constitution, which excluded women, but on the 14th Amendment to the Constitution of the United States; when Anthony voted on November 5, 1872, her right to do so was not challenged; Anthony’s counsel had advised her, before the election, that the laws and Constitution of the United States authorized her to vote and to do so if the inspectors would receive her vote; and, Anthony had testified in a preliminary proceeding that she had no doubt of her right to vote and would have done so had she not consulted her counsel.
Justice Hunt instructed the jury that: “Assuming that Miss Anthony believed she had a right to vote, that fact constitutes no defense if in truth she had not the right. She voluntarily gave a vote which was illegal, and thus is subject to the penalty of the law. Upon this evidence I suppose there is no question for the jury and that the jury should be directed to find a verdict of guilty.”
Anthony had not been allowed to testify, but was afforded an opportunity to speak before sentence was pronounced. She said to Justice Hunt: “in your ordered verdict of guilty, you have trampled under foot every vital principle of our government. My natural rights, my civil rights, my political rights, my judicial rights, are all alike ignored. Robbed of the fundamental privilege of citizenship, I am degraded from the status of a citizen to that of a subject; and not only myself individually, but all of my sex, are, by your honor's verdict, doomed to political subjection under this, so-called, form of government. . . Your denial of my citizen's right to vote, is the denial of my right of consent as one of the governed, the denial of my right of representation as one of the taxed, the denial of my right to a trial by a jury of my peers as an offender against law, therefore, the denial of my sacred rights to life, liberty, property.”
Justice Hunt sentenced Anthony to pay a $100 fine and the costs of prosecution. She responded, “I shall never pay a dollar of your unjust penalty.” Justice Hunt replied, “Madam, the Court will not order you committed until the fine is paid.” The nature of the trial and sentence meant there could be no appeal.
Eleven other women were indicted for voting illegally, but a nolle prosequi was entered for each of them. The three elections inspectors who had received the votes were convicted at trial after Anthony’s. They were fined but refused to pay and eventually were jailed and then pardoned by President Ulysses S. Grant.In January of 1874, Anthony petitioned Congress to remit her fine, but a bill to do so did not pass.
Anthony continued to advocate for women’s suffrage for 32 more years, including serving as president of the National American Woman Suffrage Association from 1892-1900. On August 18, 1920, fourteen years after Anthony’s death, her goal was achieved by the ratification of the 19th Amendment, providing that: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.”
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Union County Man Indicted on Tax and Fraud ChargesRead the Press Release
NEWARK, N.J. – A Union County, New Jersey, man was indicted today on charges of filing false tax returns, statements, and other documents; failing to file a tax return; wire fraud; and student aid fraud, U.S. Attorney Craig Carpenito announced.
Anthony Salters, 58, of Hillside, New Jersey, was charged by indictment with one count of subscribing to a false tax return for tax year 2013, two counts of subscribing to false tax returns, statements, and other documents for tax years 2014 and 2015, one count of failing to file a tax return for tax year 2016, and four counts of wire fraud and three counts of student aid fraud in connection with student financial aid obtained for his dependent child. No date has been scheduled for Salters’ arraignment.
According to the indictment:
Salters was a principal of Media Allies LLC, a company that purportedly provided public relations services. Salters signed, filed, and caused to be filed with the IRS U.S. Individual Income Tax Returns, Forms 1040, for tax years 2013, 2014 and 2015, each of which contained a written declaration that it was filed under penalties of perjury. Each Form 1040 falsely stated that Salters’ business income was zero and his total income was zero, when, in fact, Salters and Media Allies had substantial gross receipts in tax years 2013 to 2015, as well as tens of thousands of dollars in gross income in 2016, the tax year for which Salters failed to file a tax return.
Salters reported false information about his income in connection with his dependent child’s application for student financial aid. From January 2014 to May 2017, Salters engaged in a scheme to defraud the United States Department of Education, the New Jersey Higher Education Student Assistance Authority, and a university in New Jersey where Salters’ dependent child was an undergraduate, by submitting and causing to be submitted materially false information underreporting Salters’ income, including the information provided in his dependent child’s Free Applications for Federal Student Aid, or FAFSAs.
The count of subscribing to a false tax return, statement, or other document is punishable by a maximum of three years in prison; the count of wire fraud is punishable by a maximum of 20 years in prison; the count of student loan fraud is punishable by a maximum of five years in prison. All three counts are also punishable by a fine of $250,000. The count of failure to file a tax return is punishable by a maximum of one year in prison and a fine of $100,000.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez; special agents of the FBI, under the direction of Acting Special Agent in Charge Joe Denahan in Newark; special agents of the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi, and special agents of the U.S. Department of Education, Office of Inspector General, under the direction of Special Agent in Charge Geoff Wood in Philadelphia, with the investigation leading to today’s indictment.
The government is represented by Assistant U.S. Attorneys J Fortier Imbert and Cari Fais of the U.S. Attorney’s Office’s Special Prosecutions Division.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
U.S. Attorney Wrigley Announces an Iowa Man was sentenced for Unlawfully Transporting Wildlife from Canada into the United StatesRead the Press Release
Bismarck – United States Attorney Drew H. Wrigley announced that on August 18, 2020, Louis Floden, Jr., age 69 from Pella, Iowa, appeared before United States Magistrate Judge Alice R. Senechal and pleaded guilty to a charge of Unlawful Transport of Wildlife in Foreign Commerce. Judge Senechal sentenced Floden to serve one year probation, ordered him to pay a $7,500.00 fine to the Lacey Act Reward Account, and ordered that he pay the mandatory special assessment.
In September 2019, Floden unlawfully transported two black bear hides from Manitoba, Canada into the United States after he unlawfully killed them. Upon his return to the United States through the Pembina Port of Entry in North Dakota, Floden declared one sport-taken black bear to customs. Upon further inspection of his vehicle, the customs officer discovered two black bears. Manitoba licensing laws prohibit the purchase of more than one big game license of the same type for the same hunting year. When initially questioned by the customs officer, Floden alleged that he only shot one black bear, and that the other may have belonged to another hunter who was at the hunting camp at the same time. Floden later admitted he shot the second bear, and that he knew shooting the second bear was illegal. In addition to the illegal harvest of the second bear, it was also determined both bears were killed outside of the designated hunting area allowed by Floden’s licenses. Floden agreed to forfeit the two black bear hides that he brought into the United States.
"Game hunting laws play an essential role in ensuring proper wildlife management" said US Attorney Drew Wrigley, "and we strictly enforce these provisions as a component of our environmental stewardship obligations."
This case was investigated by the United States Fish and Wildlife Service and United States Customs and Border Protection and was prosecuted by Assistant United States Attorney Jonathan J. O’Konek.
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U.S. Attorney Statement on Assault of Portland Motorist and Continued Violence CitywideRead the Press Release
PORTLAND, Ore.—U.S. Attorney Billy J. Williams released the following statement today regarding the recent assault of a motorist in Downtown Portland and continued violence citywide:
“Like many Oregonians, I was sickened by the video circulating online showing a man being pulled from his truck in Downtown Portland and beaten and kicked until he lies on the pavement unconscious. While the circumstances leading up to this brutal assault are still under state and federal review, I must condemn, in the strongest possible terms, this depraved violence.
We must all continue to work together to achieve peace in the streets of Portland. If we are not successful, I fear one day soon we will wake up to news that a Portlander has been killed. We cannot let this happen.”
Two Men Charged in Connection with Armed Robberies of Twin Cities BusinessesRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging DEVON DWAYNE REGINALD GLOVER, 21, and MARSHAWN MICHAEL DAVISON, 19, with Hobbs Act robbery. GLOVER was also charged with firearms violations. GLOVER and DAVISON are currently in custody and will make their initial appearances in U.S. District Court at a later date.
According to allegations in the indictment, on June 16, 2020, GLOVER and DAVISON committed an armed robbery at a restaurant in Bloomington, Minnesota, using force and violence against an employee. GLOVER discharged a firearm in the course of the robbery. On June 23, 2020, GLOVER committed a second armed robbery at a liquor store in St. Paul, Minnesota, using force and violence against an employee. GLOVER brandished a firearm in the course of that robbery.
This case is the result of an investigation conducted by the Bloomington Police Department, the St. Paul Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the FBI. This case was brought as part of the Twin Cities Violent Crime Task Force, a multi-agency effort that brings together additional federal and state resources to assist local law enforcement to investigate, arrest, and prosecute individuals responsible for gun violence in the Twin Cities. For more information about the Twin Cities Violent Crime Task Force, please visit https://www.justice.gov/usao-mn/pr/united-states-attorney-announces-new-twin-cities-violent-crime-task-force.
Assistant U.S. Attorney Thomas Calhoun-Lopez is prosecuting the case.
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Defendant Information:
DEVON DWAYNE REGINALD GLOVER, a/k/a “Chiraq,” 21
St. Paul, Minn.
Charges:
- Hobbs Act robbery, 2 counts
- Discharging a firearm during and in relation to a crime of violence, 1 count
- Brandishing a firearm during and in relation to a crime of violence, 1 count
MARSHAWN MICHAEL DAVISON, 19
Columbia Heights, Minn.
Charges:
- Hobbs Act robbery, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Two KC Men Charged with Illegal FirearmsRead the Press Release
KANSAS CITY, Mo. – Two Kansas City, Missouri, men were charged in federal court today with illegally possessing firearms following a brief armed standoff with police officers and a foot chase.
Michael D. Moore, 30, and Jamahl D. Jones, 33, each were charged with being a felon in possession of a firearm in a two-count criminal complaint filed in the U.S. District Court in Kansas City, Mo.
Masterpiece Arms 9mm pistol seized by law enforcement officersMoore and Jones were arrested on Monday, Aug. 17, following a brief standoff and foot chase. Officers who had been surveilling Moore followed him into a parking lot near 2310 E. 9th St., Kansas City, Mo., in order to arrest him on an outstanding felony arrest warrant for robbery and armed criminal action. As officers drove into the parking lot with their red and blue lights flashing, Moore got out of the BMW SUV, took cover behind the vehicle, and drew a Smith and Wesson 9mm handgun from his waistband. Moore pointed his firearm directly at police officers as he attempted to take a position of cover behind his vehicle. Moore fled as additional police cars entered the parking lot, throwing away his handgun. Moore then laid on the ground about 15 feet away from the firearm, and was taken into custody. Officers recovered the firearm, which was loaded with 16 live rounds in the 16-round high-capacity magazine and one live round in the chamber. Officers identified the firearm as having been reported stolen.
Jones, who was standing beside the vehicle as officers approached, was also detained. Officers found marijuana in Jones’s front shorts pocket. Inside the vehicle, officers found a Sadarius 9mm semi-automatic handgun, which contained a magazine and 16 live rounds of ammunition with a live round in the chamber. Officers also found a box that contained 18 live rounds of 9mm ammunition, a 9mm handgun magazine, and a small safe that contained a 9mm handgun magazine and approximately 123 grams of marijuana.
According to an affidavit filed in support of today’s criminal complaint, Moore was involved in two armed robberies that led to the issuance of the arrest warrant and surveillance.
Masterpiece Arms 9mm pistol seized by law enforcement officersThe victim of an armed robbery on July 1, 2020, told police officers that Moore, his brother-in-law, is an organizer for the “Honk for Peace” group that typically assembles at the intersections of 35th Street and Prospect Avenue as well as 55th Street and Prospect Avenue. Moore invited the victim to join the assembly at 55th Street and Prospect Avenue, the affidavit says. When the victim arrived with another person as a passenger in his vehicle, he contacted Moore, who directed him to drive across the street to meet him. After parking his vehicle, the victim told officers, two unknown men approached the passenger side door and Moore got into the rear passenger seat. Moore allegedly put a Taurus .40-caliber handgun against the left side of the victim’s head and ordered him to “give me everything.” One of the other men leaned inside the window and began going into the passenger’s pockets as Moore did the same. Moore removed $407 from the victim’s pants pocket, the affidavit says, and grabbed a pink backpack that contained a .40-caliber handgun.
On July 21, 2020, Moore allegedly approached another victim who was putting oil in his car outside a gas station on East 39th Street, Kansas City, Mo. Moore allegedly approached him with a gun and ordered him to “empty your pockets.” Moore and another man stole approximately $140 and fled the scene.
Moore was later identified through surveillance photos at the gas station, the affidavit says.
On July 29, 2020, police officers stopped a BMW SUV that also was captured in the gas station surveillance photos. Jones, the only occupant of the vehicle, was arrested. Officers found a Masterpiece Arms 9mm pistol with a high-capacity extended magazine inside the vehicle, as well as 146 grams of marijuana packaged in multiple individual baggies in the driver’s side floorboard.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Moore has a prior felony conviction for robbery. Jones has two prior felony convictions for burglary, and prior felony convictions for theft, tampering with an airplane/motor boat, possession of a controlled substance, and tampering with a motor vehicle.
The charges contained in this complaint are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Matthew Moeder. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Operation LeGend
Operation LeGend is a federal partnership with local law enforcement to address the increase in homicides and violent crime in Kansas City, Mo., in 2020. The operation honors the memory of four-year-old LeGend Taliferro, one of the youngest fatalities during a record-breaking year of homicides and shootings. Additional federal agents were assigned to the operation from the FBI, Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service.Topeka Man Pleads Guilty in Armed RobberiesRead the Press Release
TOPEKA, KAN. – A Topeka man pleaded guilty today to armed robberies at two Topeka businesses, U.S. Attorney Stephen McAllister said.
Victor Alberto Arellano, 22, Topeka, Kan., pleaded guilty to two counts of armed robbery and two counts of brandishing a firearm during the armed robberies.
In his plea, Arellano admitted that on Aug. 28, 2019, he and co-defendant Javier Martinez robbed the Panderia Monterrey Bakery at 3145 S.E. 6th Avenue and on Aug. 29, 2019, he and Javier Martinez robbed Poblanos Grille at 3935 S.E. 6th Avenue. In both cases, Arellano and Javier Martinez held employees at gunpoint. Another co-defendant waited in the car to make a getaway.
Arellano’s sentencing is set for Nov. 24. He could face up to 20 years in federal prison and a fine up to $250,000 on each robbery count and not less than seven years and a fine up to $250,000 on each count of brandishing a weapon, to be served consecutively to the robbery counts and consecutively to each other.
Co-defendant Ernesto Negrete Jr. is set for sentencing Oct. 27. Co-defendant Javier Angel Martinez is awaiting trial.
McAllister commended the FBI and Assistant U.S. Attorney Greg Hough for their work on the case.
Three men indicted for selling deadly fentanyl to Navy sailorRead the Press Release
Tacoma - Two South King County men and a former U.S. Navy sailor have been indicted for conspiracy and various drug distribution and firearms charges in connection with their trafficking in counterfeit pills laced with deadly fentanyl, announced U.S. Attorney Brian T. Moran. CHASE FRIEDRICH, 28, was arrested April 21, 2020, at his Des Moines, Washington, apartment. His drug supplier, RAOUL V. NORMANDIA, JR., 28, was arrested April 24, 2020, near his Federal Way, Washington, residence. IVAN ARMENTA, 20, was separated from the Navy and taken into federal custody August 7, 2020. FRIEDRICH sold counterfeit Percocet pills to Navy Sailor ARMENTA, who then provided them to another sailor who died of a drug overdose. The pills were tainted with deadly fentanyl.
The investigation began April 18, 2020, when a Navy sailor was found dead in his workspace aboard a Navy ship. In his pocket were two counterfeit pills that were laced with fentanyl. The Naval Criminal Investigative Services (NCIS) were able to identify ARMENTA as the sailor who provided the pills to the victim and identified FRIEDRICH as his supplier. A search of FRIEDRICH’s apartment revealed cocaine, a handgun, and a bag of approximately 100 counterfeit pills.
Investigators were able to trace the pills to NORMANDIA. He was arrested a few blocks from his home. In the vehicle was cocaine. During a court‑authorized search of NORMANDIA’s residence, law enforcement recovered cocaine, MDMA, firearms, ammunition, body armor, narcotics, and various signs of the drug trade, including scales, baggies, heat sealers, Moneygram receipts, and twenty cell phones.
NORMANDIA and FRIEDRICH are charged with conspiracy. FRIEDRICH and ARMENTA are each charged with distribution of fentanyl. FRIEDRICH is also charged with possession of cocaine and fentanyl with intent to distribute, and with possession of a firearm in furtherance of a drug trafficking crime. Finally, NORMANDIA is charged with possession of MDMA and cocaine with intent to distribute and with possession of a firearm in furtherance of a drug trafficking crime.
All three defendants face a statutory maximum term of up to twenty years in prison. The possession of a firearm in furtherance of a drug trafficking crime calls for an additional consecutive prison term of five years.
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 NCIS and the Kitsap County Sheriff’s Office as a part of the West Sound Narcotics Enforcement Team (WestNET) and is being prosecuted by Assistant United States Attorney Lyndsie Schmalz.
Tennessee man sentenced for violent attempted armed carjackingRead the Press Release
ROME, Ga. - Michael Sean Conner has been sentenced for a violent carjacking he attempted in Adairsville, Georgia, during which he shot a young man asleep in his truck. Conner will serve this sentence consecutively to a seven-year sentence for a previous carjacking conviction in Tennessee, for a total sentence of 35 years of confinement.
“Conner’s senseless and depraved act left a young man paralyzed from the chest down,” said U.S. Attorney Byung J. “BJay” Pak. “His callous disregard for the lives of others justifies the very lengthy prison sentence he received in this case. Our office is grateful for the careful coordination of our federal, state, and local law enforcement partners whose collaboration ensured the success of this prosecution.”
“Mr. Conner’s sentence can never fully account for the suffering he inflicted on his victims,” said Arthur Peralta, Special Agent in Charge of ATF Atlanta. “In this case, the combined efforts of the Adairsville Police Department, the GBI, the ATF, and the U.S. Attorney’s Office worked to ensure that Mr. Conner will not have an opportunity to hurt anyone else for a very long time.”
“This sentence is the result of an effective partnership between our local and federal agencies. The GBI is dedicated to thoroughly investigating violent offenses leading to successful prosecutions to keep the streets safe from offenders such as Conner,” said Vic Reynolds, Director, Georgia Bureau of Investigation.
“It is unfortunate that this heinous act occurred in the city of Adairsville. As the Chief, I am thankful for the resources provided to us by the GBI, ATF, and U.S. Attorney’s Office to assist in the investigation and prosecute this case to ensure justice was served for the victim,” said Adairsville Chief of Police Mike Jones.
According to U.S. Attorney Pak, the charges and other information presented in court: On May 7, 2018, the victim in this case, a young man unknown to Conner, was driving home to Florida after attending a wedding in Tennessee. He had stopped to nap at a gas station in Adairsville. Conner and two women, Kristy Lynn Davis and Destany Schubert, pulled beside the victim in a second vehicle. Conner tapped on the window of the victim’s truck, pointed a gun at the young man, and demanded that he give up his truck. Conner then shot the victim in the chest as he tried to roll up his window and back away from Conner, leaving him paralyzed from the chest down.
Conner and his female passengers were charged for the crime following Conner’s arrest for committing another armed carjacking in Tennessee within hours of the offense in Georgia.
Michael Sean Conner, 28, of Hixon, Tennessee, was sentenced to 28 years of confinement to be followed by three years of supervised release. The federal sentence will run consecutively to the seven years he is serving in Tennessee for another carjacking. Conner had previously pleaded guilty to the carjacking offense in Tennessee and received a sentence of seven years of confinement. The Georgia sentence will run consecutive to his Tennessee sentence, resulting in a total custodial sentence of 35 years of confinement.
Kristy Lynn Davis, 38, of Summerville, Georgia, who pleaded guilty to acting as Conner’s accessory, was sentenced to on August 13, 2020, to three years in prison to be followed by three years of supervised release.
Destany Schubert, 22, of Fort Oglethorpe, Georgia, who also pleaded guilty to acting as Conner’s accessory, received a sentence on June 19, 2020, of one year, six months in prison, followed by three years of supervised release.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Georgia Bureau of Investigation, and the Adairsville Police Department.
Assistant U.S. Attorney Katherine M. Hoffer prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
St. Louis Man Pleads Guilty to Armed Carjacking DowntownRead the Press Release
St. Louis, MO – Ricky Smith, 23, of St. Louis, MO, pleaded guilty to one count of carjacking. Smith appeared today before U.S. District Judge Henry E. Autrey who accepted his plea and set his sentencing date for November 19, 2020.
According to the plea agreement, on May 18, 2019, Smith approached the victim near the intersection of 11th Street and St. Charles Street in St. Louis City. The victim was in the process of moving her belongings from her 2016 Jeep Wrangler into her apartment. Smith approached the victim, pointed a silver-framed firearm at her, and demanded the victim’s phone, wallet, and car key. After the victim refused to comply, Smith snatched the victim’s car key and drove away in the victim’s 2016 Jeep Wrangler.
Later that day, St. Louis Metropolitan Police Department Officers located the 2016 Jeep Wrangler, which Smith was still driving. Officers attempted a traffic stop, but Smith refused to stop driving. Officers disabled the car using spike strips. Smith fled on foot, but was ultimately detained. While canvassing the area, police observed a silver-framed Arminius Titan Tiger 38 Special revolver firearm in a trash can approximately 15 feet from the stolen vehicle.
Smith faces a term of imprisonment of not more than 15 years in prison and a fine of not more than $250,000. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The St. Louis Metropolitan Police Department and the Federal Bureau of Investigation are investigating the case. Assistant United States Attorney Jay Redd is handling this case.
Sioux Falls Man Sentenced for Meth ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on August 18, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Patrick Cummings, age 34, was sentenced to 86 months in federal prison, followed by 4 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Cummings was also ordered to forfeit ownership of a handgun seized during the investigation.
Cummings was indicted by a federal grand jury on October 16, 2019. He pled guilty on August 18, 2020.
The conviction stemmed from a traffic stop that occurred on July 4, 2019, in which Cummings possessed with the intent to distribute 127 grams of methamphetamine. Also found during the stop was a Smith & Wesson .380 AUTO caliber, semi-automatic pistol.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the South Dakota Highway Patrol, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Meghan N. Dilges prosecuted the case.
Cummings was immediately turned over to the custody of the U.S. Marshals Service.
Shreveport Man Convicted by Federal Jury Sentenced on Firearms ChargeRead the Press Release
SHREVEPORT, La. – Acting United States Attorney Alexander C. Van Hook announced that James Albert Mayo, III, 39, of Shreveport, was sentenced today for being a convicted felon in possession of ammunition. U.S. District Judge Elizabeth Foote sentenced Mayo to 51 months, followed by 3 years of supervised release.
A jury returned a guilty verdict against Mayo on November 13, 2019 after a two-day trial. According to evidence introduced at trial, law enforcement agents received a complaint of people smoking marijuana in a vehicle in a Shreveport neighborhood. When officers arrived, they found Mayo, along with others, in the vehicle. After further investigation, agents found that Mayo, a convicted felon, had a round of 9mm ammunition in his pocket that matched a round of ammunition recovered from a Smith & Wesson pistol that was in the vehicle where Mayo was sitting. Additionally, the firearm had been reported as stolen out of Killeen, Texas.
During the trial, the front seat passenger of the vehicle Mayo was riding in claimed possession of the Smith & Wesson and had previously pled guilty in Caddo District Court to possessing the stolen firearm. The trial jury did not find beyond a reasonable doubt that Mayo possessed the Smith & Wesson pistol and only convicted him of possessing the ammunition. However, at sentencing, the Court found the testimony of the front seat passenger not credible, finding that Mayo possessed the Smith & Wesson pistol and considered the possession of the firearm in handing down the sentence.
Mayo’s three prior felony convictions in Caddo Parish are for attempted distribution of narcotics (2005), possession of narcotics (2011), and possession of narcotics (2013). Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of a firearm or ammunition.
The ATF and the Caddo-Shreveport Mid-Level Unit conducted the investigation. Assistant U.S. Attorney Brandon B. Brown prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), 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. 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.