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Monday 22 June 2020
New York Man Sentenced for Counterfeiting OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MICHAEL A. STEVENS, 26, of Brooklyn, New York, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to approximately one year of imprisonment, time already served, and three years of supervised release, for counterfeiting offenses.
According to court documents and statements made in court, on May 7, 2019, Enfield Police arrested Stevens and another individual after they attempted to pass counterfeit currency at a Dick’s Sporting Goods store in Enfield. A subsequent search of their vehicle revealed more than $600 in counterfeit currency, 33 pages of paper with uncut $50 and $20 counterfeit notes, an unopened box of paper, and a printer.
The investigation revealed that, in late April 2019, Stevens and others passed hundreds of dollars in counterfeit currency at retail locations in New Britain and Vernon. Investigators also learned that there was an active federal warrant for Stevens’ arrest in the Eastern District of Virginia. On February 21, 2019, a federal grand jury in Richmond, Virginia, had returned as indictment charging Stevens and four other individuals with counterfeiting offenses. The case against Stevens was transferred to the District of Connecticut for further prosecution.
On January 31, 2020, Stevens pleaded guilty to one count of conspiracy to falsely make, forge, counterfeit and pass Federal Reserve Notes. In pleading guilty, Stevens admitted that, in January 2019, he and others passed approximately $21,800 in counterfeit currency at locations in Fredericksburg and Richmond, Virginia.
Stevens was detained from May 7, 2019, to January 31, 2020, when he was released on bond. Approximately three weeks after his release, Stevens and others were arrested in New York after police found $3,800 in counterfeit notes in an envelope under Stevens’ car seat. He has been detained since March 6, 2020, when his bond was revoked.
This investigation was conducted by the U.S. Secret Service with the assistance of several local police departments. The case in the District of Connecticut was prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
New Jersey Man Sentenced for Interstate Travel to Engage in Illicit SexRead the Press Release
PROVIDENCE – A New Jersey man arrested by Rhode Island State Police and Homeland Security Investigations in January after he traveled to Rhode Island believing that he was going to have sex with a 9th grade student he befriended online was sentenced today to 46 months in federal prison.
Amish Jayant Patel, 47, of Swedesboro, New Jersey, communicated online for nearly a month with a person he thought to be a 14-year-old, 9th grade Rhode Island student. During the exchange of messages, Patel sent the girl photographs of himself and several sexually explicit images. He arranged to meet with the girl in Rhode Island on January 5, 2020, purchase alcohol for them to share, and to engage in illicit sexual activity.
The person he was actually communicating with was a Rhode Island State Police Detective assigned to the Internet Crimes Against Children Task Force.
According to court documents, when Patel arrived at T.F. Green Airport on January 5, he was followed by undercover law enforcement officers and agents as he deplaned, as he traveled to a local liquor store where he purchased alcohol, and then traveled to a pre-determined location where he was expecting to meet with the 14-year-old girl. He was arrested without incident.
Patel pleaded guilty on March 12, 2020, to traveling interstate to engage in illicit sexual activity. At sentencing today, U.S. District Court Chief Judge John J. McConnell, Jr. sentenced Patel to 46 months in federal prison to be followed by 5 years of supervised release, and to pay a mandatory assessment of $5,000 as provided for in the Justice for Victims Trafficking Act, announced United States Attorney Aaron L. Weisman, Rhode Island State Police Superintendent Colonel James M. Manni, and Homeland Security Investigations Acting Special Agent in Charge Michael S. Shea.
The case was prosecuted by Assistant U.S. Attorney Lee H. Vilker.
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More than 200 individuals could face federal felony or misdemeanor charges for operating or participating in animal fighting venturesRead the Press Release
AUGUSTA, GA: Two major federal prosecutions in the Southern District of Georgia have shut down animal fighting operations and resulted in felony and misdemeanor charges. The investigations involve more than 200 potential defendants.
An arrest warrant was unsealed today – June 22 – in U.S. District Court in Statesboro for a raid Saturday at in Midville, Ga., near Swainsboro, in which law enforcement officers from at least nine federal and state agencies shut down a cockfighting event in progress with 178 individuals in attendance, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Also today, a federal indictment was unsealed naming 38 individuals charged in the Dec. 14, 2019, raid of a cockfight in progress in Lincoln County, Ga. Nearly all of the 38 defendants were from outside Lincoln County.
“Most people in our community rightly would be shocked to learn that the barbaric bloodsport of cockfighting still exists, is happening right in their midst, and may involve numerous other types of criminal activity,” said U.S. Attorney Christine. “But thanks to the outstanding cooperation and work of our law enforcement partners, these cruel activities and a potential bevy of other criminal activities have been dealt a significant blow in the Southern District of Georgia.”
Saturday’s raid, dubbed Operation Sunrise, began with information developed by the South Carolina Department of Public Safety Immigration Enforcement Unit (SCDPS-IEU), leading to an investigation by the U.S. Department of Agriculture Office of the Inspector General (USDA-OIG). That investigation identified a cockfighting operation at a facility south of Midville, Ga., that already had staged several events this year in an indoor arena outfitted with a fighting ring, management office, concessions stand, and stadium bleachers for spectators.
In addition to the SCDPS-IEU and USDA-OIG, federal and state agencies including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the FBI, Homeland Security Investigations (HSI), the U.S. Marshals Service, the Georgia Department of Natural Resources (DNR), the Georgia State Patrol (GSP) SWAT Team, and the Georgia Department of Corrections, with coordination from the U.S. Attorney’s Office for the Southern District of Georgia, conducted Saturday’s raid coinciding with a reported cockfighting tournament in progress.
The raid resulted in 178 individuals in attendance processed for possible federal and state charges including those related to animal fighting and gambling, and the seizure of nearly 800 roosters and cockfighting paraphernalia, tens of thousands of dollars in gambling proceeds, firearms and illegal drugs.
The owner of the property, William Shannon Scott, 48, of Midville, is charged in a federal complaint unsealed today with Sponsoring or Exhibiting an Animal in an Animal Fighting Venture. Additional charges are pending, and felony and misdemeanor charges are possible against the other individuals processed during Saturday’s operation.
“The United States Department of Agriculture, Office of Inspector General, actively investigates allegations of animal abuse and gambling activities in conjunction with that abuse,” said USDA-OIG Special Agent-in-Charge Jason Williams. “This agency has made animal fighting a high priority in order to demonstrate that these blatant acts of cruelty to animals will no longer be tolerated. We would like to thank United States Attorney’s Office for aggressively prosecuting perpetrators of animal fighting and our federal, state, and local law enforcement partners for assisting in enforcing these federal statutes.”
Also unsealed today in U.S. District Court is the indictment of 38 individuals on federal felony and misdemeanor charges for the Dec. 14, 2019, raid of a cockfighting tournament in Lincoln County, Ga, by officers from the Lincoln County Sheriff’s Office and Georgia DNR.
In the indictment, the property’s owner, Lanier Augustus Hightower Jr., 64, of Lincolnton, is charged along with six other defendants with Sponsoring or Exhibiting and Animal in an Animal Fighting Venture, and Possession and Transport of an Animal in an Animal Fighting Venture. All 38 defendants are charged with Attending an Animal Fighting Venture, a misdemeanor. Hightower also is charged with Conducting an Illegal Gambling Business.
Both investigations are continuing.
Complaints and indictments are only charges. Defendants are presumed innocent unless and until proven guilty.
The cases are being prosecuted for the United States by Assistant U.S. Attorneys Alejandro V. Pascual IV, Jennifer G. Solari and Xavier A. Cunningham, and Special Assistant U.S. Attorney Edwin Caban.
Monterey County Man Accused of Dealing Fentanyl-Laced Pills That Killed One, Injured AnotherRead the Press Release
SAN FRANCISCO – Xavier Jimenez-Robledo appeared today in court on charges that he dealt counterfeit pills containing fentanyl that led to the overdose death of one individual in Monterey County, and the hospitalization of another individual, a minor, announced United States Attorney David L. Anderson and Special Agent in Charge Daniel C. Comeaux, Drug Enforcement Administration (DEA).
According to the complaint, Jimenez Robledo, age 19, of Seaside, California, is alleged to have sold counterfeit Percocet “M30” pills laced with fentanyl on two occasions between April 13 and May 5, 2020. The complaint alleges that one of the buyers, a Carmel Valley man, overdosed and died after being hospitalized. The complaint further alleges that the other buyer, a Pacific Grove minor, also overdosed but ultimately survived.
“The drug overdose death alleged in this complaint is both a tragedy and a warning,” said U.S. Attorney David L. Anderson. “With every drug overdose death, our community is delivered another tragic reminder that drug trafficking is a serious crime with real victims. I especially urge the young people of Monterey County to stay away from street drugs made to look like medicine. Taking even one counterfeit pill one time can be incredibly dangerous.”
“Counterfeit pills are often sold on the street with unknown amounts of fentanyl but disguised as the real deal,” stated DEA Special Agent in Charge Daniel C. Comeaux. “As this case demonstrates we will continue to collaborate with our law enforcement partners to federally prosecute cases that involve distribution of a drug that causes serious bodily injury or death.”
The complaint affidavit against Jimenez-Robledo describes how the investigation began on April 16, 2020, when officers from the Pacific Grove Police Department (PGPD) responded to reports of an unresponsive juvenile. Paramedics arrived and administered Naloxone, at which point the juvenile became responsive and was transported to a local Monterey hospital. Meanwhile, in the minor’s bedroom officers found what appeared to be counterfeit Percocet M30 tablets. According to the complaint, the tablets contained fentanyl. The complaint also alleges that the minor had fentanyl in his blood at the time of his overdose. M30 tablets are round tablets that are light blue in color with an “M” imprinted on one side and “30” imprinted on the other.
As further described in the complaint, the DEA received a separate report on May 5, 2020, of another individual who had been hospitalized after becoming unresponsive. That individual, aged 20, died a few days later, on May 9, 2020. The complaint alleges that this individual also had fentanyl in his blood. As further described in the complaint, DEA agents recovered what appeared to be counterfeit M30 tablets containing fentanyl pills from this victim’s possessions.
According to the complaint, the defendant was identified after agents pursued a number of leads they obtained from, among other things, the victims’ Snapchat communications arranging to purchase M30 tablets. Investigators pursued these leads to a house in Seaside, California, where on May 21, 2020, agents observed Jimenez-Robledo give a small plastic baggie to an unidentified subject who then gave Jimenez-Robledo an unknown amount of US currency. Between May 21, 2020 and May 24, 2020, the agents were also able to observe numerous vehicles stopping at the premises for short periods of time and meeting with individuals who had access to the premises.
Jimenez Robledo was arrested in Marina, CA, on June 16, 2020, and made his initial appearance in federal court in San Francisco on June 17, 2020. Jimenez Robledo is currently being held in custody pending further proceedings. He is due to appear today for a detention hearing before the Honorable Laurel Beeler, U.S. Magistrate Judge.
A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of 20 years, and a fine of $1,000,000, for each violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(C). However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
This case was investigated and prosecuted by member agencies of the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state, and local law enforcement agencies.
Mobile Man Sentenced to over 3 Years in Prison for Illegal Possession of a FirearmRead the Press Release
Gulfport, Miss – Nathan Andrew Chilton, 43, of Mobile, Alabama, was sentenced today by U.S. District Judge Sul Ozerden to 42 months in prison, followed by 3 years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Chilton was also ordered to pay a $3,000 fine.
During an investigation, the Jackson County Sheriff’s Office discovered that Chilton, a previously convicted felon, had pawned a Smith and Wesson, Model Bodyguard, .380 caliber pistol at a pawn shop in Pascagoula, Mississippi on February 25, 2019. Chilton’s previous conviction was for possession of cocaine in Mobile County, Alabama, on January 25, 2007.
On August 6, 2019, Chilton was charged in a federal criminal indictment. He pled guilty before Judge Ozerden on December 12, 2019.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Shundral H. Cole.
Mexican Mafia Associate Sentenced to 17½ Years in Federal Prison for Ordering Murders and Assaults in Orange County Jail SystemRead the Press Release
LOS ANGELES – A Mexican Mafia associate who ordered murders and assaults in Orange County’s jail system on the prison gang’s behalf was sentenced today to 210 months in federal prison for his racketeering conspiracy conviction.
Ramon Alvarez, 45, of Santa Ana, was sentenced by United States District Judge R. Gary Klausner. Alvarez pleaded guilty in June 2017 to one count of conspiracy to violate the Racketeer Influenced and Corrupt Organizations (RICO) Act.
Alvarez admitted in his plea agreement that, from October 2008 until September 2013, he agreed to assist the Mexican Mafia while he was a jail inmate. Alvarez was given the power to place fellow inmates on “hard candy” or “green light” lists, which marked other inmates for murder or assault within the Orange County jail system.
In December 2011, Alvarez authorized a co-conspirator to stab and kill a jail inmate, according to court documents. In October 2012, Alvarez identified a jail inmate victim who was cooperating with law enforcement in another inmate’s murder trial, and other Mexican Mafia associates later assaulted that inmate at the Theo Lacy Facility in Orange.
The prison gang’s Orange County faction was headed by Peter Ojeda, a longtime Mexican Mafia member who controlled Latino street gangs in Orange County for at least three decades. Ojeda was found guilty in 2016 of racketeering offenses and was sentenced to 15 years in federal prison, where he died in 2018 at the age of 76.
Ojeda was involved in the operation and management of the Mexican Mafia’s activities in Orange County, which included orchestrating murder schemes, extortion and narcotics trafficking. Ojeda ordered Latino street gangs in Orange County to pay “taxes” that consisted of a portion of the proceeds the gangs earned from various criminal activities, including drug trafficking. In return, gang members were permitted to exert influence over their neighborhoods and territories and seek protection or assistance from the Mexican Mafia.
Alvarez was one of 25 defendants named in a RICO indictment brought as part of Operation “Smokin’ Aces,” which was a multi-agency operation that targeted the Orange County wing of the Mexican Mafia and led to charges against more than 80 defendants in federal court. In total, prosecutors have secured 76 convictions in these cases.
The investigation was jointly conducted by special agents of the Santa Ana Gang Task Force, which consisted of agents and officers with the FBI; IRS Criminal Investigation; the Santa Ana Police Department; the Orange County Sheriff’s Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the California Department of Corrections and Rehabilitation-Special Service Unit.
These cases were prosecuted by Assistant United States Attorney Daniel H. Ahn of the Santa Ana Branch Office.
Massachusetts Man Charged with COVID-Relief FraudRead the Press Release
A Massachusetts man was arrested today and charged with allegedly filing fraudulent loan applications seeking more than $13 million in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Andrew E. Lelling of the District of Massachusetts, Special Agent in Charge Joseph R. Bonavolonta of the FBI’s Boston Field Office, Special Agent in Charge Kristina O’Connell of the IRS-Criminal Investigation (IRS-CI), Inspector General Mark Bialek of the Board of Governors of the Federal Reserve System and the Consumer Protection Bureau, Office of Inspector General (FRB-CFPB OIG), and Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation, Office of Inspector General (FDIC OIG) made the announcement.
Elijah Majak Buoi, 38, of Winchester, Massachusetts, was charged in a criminal complaint filed in the District of Massachusetts with wire fraud, and will appear in federal court in Boston this afternoon.
The complaint alleges that Buoi is the president and CEO of an information technology services company, Sosuda Tech LLC. Between April 2020 and June 2020, Buoi allegedly submitted fraudulent applications for over $13 million in PPP loans through SBA-approved lenders. In these applications, Buoi misrepresented the number of employees and payroll expenses and falsely certified that the United States was the primary residence for his employees. Buoi also allegedly submitted falsified documentation in support of his applications for PPP funds. The complaint further alleges that Buoi ultimately received over $2 million in PPP funds. The government has seized approximately $1.98 million from Sosuda’s business bank accounts.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small-businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal on the PPP loan to be entirely forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses at least a certain percentage of the PPP loan proceeds on payroll expenses.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Trial Attorney Della Sentilles of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Mackenzie Queenin and Carol Head for the District of Massachusetts are prosecuting the case. The Justice Department acknowledges and thanks the FBI, IRS-CI, FRB-CFOB OIG, and the FDIC OIG for their efforts in investigating this matter. The Justice Department would also like to thank the SBA OIG for their support and assistance.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (BCDF) hotline by phone (1-866-720-5721 or via an online reporting form available at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Marion Businessman Sentenced to over Three Years in Federal Prison for Fraudulent Energy Efficiency Rebate SchemeRead the Press Release
A Marion man who defrauded a Cedar Rapids utility company of more than $300,000 as part of an energy efficiency rebate fraud scheme was sentenced today to more than three years in federal prison.
Dustin James Hutcheson, age 39, from Marion, Iowa, originally from Marshalltown, Iowa, received the prison term after a September 11, 2019 guilty plea to one count of mail fraud and one count of money laundering.
At the plea and sentencing hearings, evidence showed that Hutcheson operated Hutch Energy, LLC, an energy-related services business, from his residence in Marion, Iowa. In 2017 and 2018, Hutcheson and his employees approached small business customers of a Cedar Rapids utility company and offered to replace their existing lighting with more energy efficient LED lighting for free. Hutcheson falsely represented that he could do so at no cost to the customer because of a rebate program that the utility company offered and all the customer needed to provide to Hutcheson was the paperwork, which Hutcheson would complete, and the rebate check once the customer received the rebate check in the mail from the utility company. Hutcheson then submitted fraudulent invoices to the utility company, making it appear as if the customer had paid for the lighting and was entitled to a rebate. Hutcheson repeatedly forged the signatures of the utility company’s customers and also inflated the number of bulbs installed on the rebate forms. In total, Hutcheson received over $300,000 in rebate moneys as a result of his fraud scheme. In order to receive referrals for new victims, Hutcheson gave cash kickbacks to multiple individuals with whom the energy company had contracted to provide energy assessments for the customers.
Hutcheson was not a licensed electrician. At sentencing the court found that, although it was unintentional, one of Hutcheson’s light bulbs caused a fire in a nursing home. The nursing home had to evacuate 23 residents, including elderly individuals on feeding tubes and with dementia.
In July 2018, officers searched Hutcheson’s residence in Marion. Undeterred, Hutcheson continued the scheme by using two other company names to continue to submit fraudulent rebate claims to the same utility company.
Hutcheson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Hutcheson was sentenced to 44 months’ imprisonment. He was ordered to make over $340,000 in restitution the utility company, including paying the utility company’s attorney fees in responding to the government’s investigation and prosecution of Hutcheson. Hutcheson must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
As a result of having been caught using narcotics while on pretrial release, Hutcheson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Linn County Sheriff’s Office and the United States Postal Inspection Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-32.
Follow us on Twitter @USAO_NDIA.
Lyft Agrees to Resolve Allegations that It Violated Federal Law When Its Drivers Denied Rides to Individuals with DisabilitiesRead the Press Release
LOS ANGELES – Lyft, Inc., has agreed to resolve allegations it violated the Americans with Disabilities Act (ADA) when some of its drivers refused to give rides to people with disabilities who used foldable wheelchairs or walkers, the Department of Justice announced today.
The settlement agreement between the United States and the San Francisco-based ridesharing company seeks to ensure that individuals with disabilities who use collapsible mobility devices will have equal access to Lyft rides.
As part of the agreement, Lyft has pledged to revise its wheelchair policies, including notifying new drivers about them, communicate its wheelchair policies once each quarter to current drivers, and create an educational video for drivers.
The company also agreed to implement a complaint procedure that complies with federal law and hold its drivers accountable for failing to comply with its wheelchair policy, with punishment including possible termination.
Lyft agreed to refund charges and provide $10 credits to riders who make plausible complaints of discrimination under the company’s revised wheelchair policy.
Under the settlement agreement, Lyft will pay damages ranging from $4,000 to $30,000 to four complainants with disabilities and a $40,000 civil penalty to the United States.
For the next three years, Lyft will provide the Justice Department biannual written reports describing the activities it has taken to comply with the ADA.
Lyft fully cooperated with the Justice Department’s investigation, which was launched after a man who uses a wheelchair filed at least 12 complaints with the company regarding his treatment from specific drivers in the Los Angeles area. Eight of his complaints alleged that drivers either refused or could not transport him because he had a wheelchair, while four of his complaints alleged that drivers treated him rudely because he had a wheelchair, according to the settlement agreement.
Another Lyft customer, a veteran who lost both of his legs in combat, alleged that on one occasion in November 2018 a Lyft driver denied him a ride because he had a collapsible wheelchair.
Assistant United States Attorney Acrivi Coromelas of the Civil Division’s Civil Rights Section handled this matter.
Earlier this year, the City of San Clemente settled allegations that from October 2016 to March 2018, it violated the ADA when persons with disabilities who needed wheelchair-accessible vehicles could not use the city’s Lyft program because it did not offer such vehicles.
This year marks the ADA’s 30th anniversary. The Justice Department will continue to use its enforcement and technical assistance tools to eliminate unlawful discrimination against people with disabilities.
For more information on the ADA, please call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD) or access the ADA website at http://www.ada.gov.
Lexington Man Pleads Guilty to Fentanyl TraffickingRead the Press Release
LEXINGTON, Ky. - A Lexington man, Jerry Tyler Jones, pleaded guilty Monday, before U.S. District Judge Karen Caldwell, to possession with intent to distribute fentanyl.
According to his plea agreement, on July 23, 2019, law enforcement officers executed a search warrant at Jones’s residence and found more than 189 grams of fentanyl, drug trafficking paraphernalia, and $13,030 in currency. Jones admitted he intended to distribute the drugs.
Jones was indicted in February 2020.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; J. Todd Scott, Special Agent in Charge, DEA, Louisville Field Division; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the guilty plea.
The investigation was conducted by the DEA and Lexington Police Department. The United States was represented by Assistant U.S. Attorney David Kiebler.
Jones is scheduled to be sentenced on September 21, 2020. He faces up a minimum of five years in prison, up to life. However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
This case was prosecuted as part of Department’s Operation Synthetic Opioid Surge (S.O.S.), a focused enforcement effort that seeks to reduce the supply of deadly synthetic opioids in highly impacted areas.
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Leader of widespread prison-based drug conspiracy admits guilt, joining seventeen othersRead the Press Release
ATLANTA – Jesus Sanchez-Morales, the leader of an extensive drug conspiracy involving multiple state prisons in Georgia, has pleaded guilty, joining sixteen of his conspirators. Sanchez-Morales, who was incarcerated in a Georgia prison, admitted to brokering innumerable drug transactions throughout the Atlanta area from his prison cell using contraband cell phones. He was already serving a sentence for drug trafficking offenses at the time he committed this offense.
“An insidious network of drug trafficking prison inmates has been disrupted by the apprehension and conviction of Sanchez-Morales and his team,” said U.S. Attorney Byung J. “BJay” Pak. “Inmates tempted to use a phone in state or federal prison now know that when they are caught using a cell phone from prison, they will face more time in prison. And when those cell phones are used for the proliferation of lethal drugs in our community, the consequences will be severe.”
Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division commented, “DEA is fully committed to pursuing criminals who sell drugs, whether they’re selling them on the streets or inside a prison. This high-level drug trafficker was the “ring-leader” who orchestrated a number of drug transactions throughout metropolitan Atlanta while incarcerated. Consequently, his criminal acts landed him even more deserving time in prison. The spirited level of law enforcement cooperation and the subsequent prosecution by the U.S. Attorney’s Office made this investigation a success.”
According to U.S. Attorney Pak, the charges and other information presented in court: The case resulted from an extensive DEA investigation involving federal court-authorized wiretaps of multiple contraband prison cell phones. During the course of the investigation, agents learned that a network of prison inmates was using contraband cell phones to broker drug transactions throughout the Atlanta area, including arranging to receive drug shipments from out of state and from Mexico. These prison brokers relied on an organized cadre of lieutenants and footmen outside of prison to store, package and distribute multiple varieties of illegal drugs using drug stash houses. Other members of the organization were responsible for laundering the drug proceeds, including sending multiple low-dollar money wires to Mexico using various money remitters.
The drug trafficking and money laundering organization repeatedly threatened violence to uncooperative members. At least 18 firearms were seized, including firearms containing notches, believed to represent instances where the firearm had been used to take a life. At one point, agents learned of a plot to abduct and murder a member of the conspiracy and successfully averted the plan.
Throughout the conspiracy, Sanchez-Morales was frequently referred to as “Patron,” or boss. Thirty-nine participants in total were indicted as part of this conspiracy and charged with a combination of drug, gun, and money laundering offenses.
During the course of the investigation, agents seized more than 175 kilograms of methamphetamine, 25 gallons of liquid methamphetamine, 12,000 fentanyl pills, as well as kilogram-quantities of fentanyl powder, heroin and marijuana. Agents also dismantled two methamphetamine conversion laboratories and seized $343,000 in cash.
In addition to Sanchez-Morales, the following sixteen defendants have been convicted to date before U.S. District Judge Leigh Martin May as part of this case:
- Enrique Rodriguez Govea, a/k/a Gordo, 24, of Atlanta, Georgia, has been sentenced to 10 years in prison, to be followed by five years of supervised release.
- Daniel Gonzalez, a/k/a Burro, 28, of Fairburn, Georgia, has been sentenced to five years and four months in prison, to be followed by five years of supervised release.
Edgar Ochoa-Martinez, a/k/a Michoacano, 35, of Georgia, has been sentenced to 10 years in prison, to be followed by five years of supervised release. - Rafael Alvarez, a/k/a Rafa, 64, of Montgomery, Alabama, has been sentenced to 13 years in prison, to be followed by five years of supervised release.
- Emmanuel DeSantos Nieto, a/k/a Duy, 26, of Union City, Georgia, has been sentenced to 12 years in prison, to be followed by five years of supervised release.
- Benjamin Villareal Perez, a/k/a Durango, 42, of Georgia, has been sentenced to 19 years and eight months in prison, to be followed by five years of supervised release.
- Sentencing for Cristian Hernandez-Lovo, a/k/a Zipote, 28, of Atlanta, Georgia, is set for July 7, 2020.
- August Mario Castillo, 52, of Fairburn, Georgia, has been sentenced to 15 years in prison, to be followed by five years of supervised release.
- Leonardo Rosas, 27, of Fairburn, Georgia, has been sentenced to six years in prison, to be followed by five years of supervised release.
- Shelly Class, 40, of Atlanta, Georgia, has been sentenced to 10 years in prison, to be followed by five years of supervised release.
- David Chavez-Ortiz, 49, of Montgomery, Alabama, has been sentenced to four years in prison, to be followed by five years of supervised release.
- Sentencing for Samantha Fagundes, 24, of Union City, Georgia, is set for June 29, 2020.
- Sentencing for Salvador Valencia-Zavala, 58, an inmate at Dooly State Prison in Unadilla, Georgia, has yet to be set.
- Sentencing for Aszavious Anderson, a/k/a Guapachoso, 43, of Atlanta, Georgia, is set for August 25, 2020.
- Sentencing for Erin Bella Cortez, 32, of Dallas, Georgia, is set for August 5, 2020.
- Sentencing for Allison Daniel, 43, of Covington, Georgia, is set for August 13, 2020.
Sixteen additional defendants have been arraigned and are awaiting trial:
- Juan Torres Chavez, 48, an inmate at Dooly State Prison in Unadilla, Georgia;
- Juan Ramirez, a/k/a Mene, 27, an inmate at Washington State Prison in Davisboro, Georgia;
- Martin Maldonado, 38, an inmate at Washington State Prison in Davisboro, Georgia;
- Joseph Dominic Edwards, 43, of Batesburg, South Carolina;
- Jaime Chavez, a/k/a Nasty, 32, of College Park, Georgia;
- Jordan Bowers, 33, of Red Bank, Tennessee;
- Lilia Martinez Rodriguez, a/k/a Lilly, a/k/a Maria, 58, of Atlanta, Georgia;
- Jesus Molina-Ortiz, a/k/a Oso, 45, of Fairburn, Georgia;
Jamar Tyrone Zanders, 31, of Columbus, Georgia;
- Jason Garcia-Lara, a/k/a Gordo, 24, of Atlanta, Georgia:
- Taurus Basil Stephens, 27, of Vidalia, Georgia;
- Aricus Cantrell Holloway, 36, of Columbus, Georgia;
- Antwonette Jarnez Thomas, 21, of Conyers, Georgia;
- Raheem Jamal Morris, a/k/a Black, 31, of Lithia Springs, Georgia;
- Marvin Gaye Banks, 48, of Cartersville, Georgia;
- Alejandro Vazquez-Lopez, a/k/a Micho, 24, of Mexico.
The following individuals have been charged as part of the drug conspiracy but has not yet been apprehended:- Eusebio Panigua-Paz, a/k/a Margaro, 50, of Mexico.
- Five other defendants remain at large.
Members of the public are reminded that the indictments only contain charges. The defendants who have not been convicted are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
The Drug Enforcement Administration is investigating these cases. The U.S. Marshals Service, Georgia State Patrol, Atlanta Police Department, Cobb County Sheriff’s Office, South Fulton Police Department, Georgia Department of Corrections, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and Federal Bureau of Investigation are providing valuable assistance during these investigations.
Assistant U.S. Attorneys Alison B. Prout, Erin H. Harris, and Scott McAfee are prosecuting the cases.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
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.Kissimmee Man Sentenced to Nine Years for Distributing Child Sex Abuse ImagesRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced Jose Rivera, Jr. (49, Kissimmee) to nine years in federal prison for distributing child sex abuse images over the internet. The court also ordered Rivera to forfeit a Samsung tablet, which he had used to distribute the images.
Rivera had pleaded guilty on February 12, 2020.
According to court documents, Homeland Security Investigations (HSI) began an investigation, after receiving a tip from the National Center for Missing and Exploited Children that someone, later determined to be Rivera, had uploaded and shared child sex abuse images on MeWe.com. On December 3, 2019, HSI agents executed a search warrant at Rivera’s home. During an interview, Rivera admitted that he used multiple online chat applications to receive and distribute images and videos of child sexual abuse. Forensic analysis of Rivera’s devices revealed that they contained 2,358 images and 224 videos depicting children being sexually abused.
“This case is another reminder of the child predators that prowl in the online environment,” said HSI Orlando Assistant Special Agent in Charge David J. Pezzutti. “Our HSI special agents, working with our partners at the Florida Department of Law Enforcement, have taken another criminal off our streets, and out of the digital domain.”
This case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Jennifer M. Harrington.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Justice Department’s Antitrust Division and the Securities and Exchange Commission Sign Historic Memorandum of UnderstandingRead the Press Release
The Department of Justice’s Antitrust Division and the Securities and Exchange Commission have signed an interagency Memorandum of Understanding (“MOU”) to foster cooperation and communication between the agencies with the aim of enhancing competition in the securities industry. Assistant Attorney General Makan Delrahim of the Antitrust Division announced the first-ever MOU between the Antitrust Division and the SEC, which was executed with SEC Chairman Jay Clayton before a discussion on equity market structure hosted by MIT’s Golub Center for Finance and Policy this afternoon.
“The Antitrust Division and the SEC have prioritized close cooperation with one another in recent years to promote competitive conditions in the securities industry, benefitting both agencies’ enforcement missions,” stated Assistant Attorney General Delrahim. “This MOU institutionalizes a strong working relationship between our two agencies. I expect that it will lead to even more robust, comprehensive analyses incorporating both competition and securities laws concerns, resulting in stronger, healthier markets yielding enhanced consumer benefits.”
“As competition is embedded in our securities laws, there are many policy areas where the missions of the SEC and DOJ’s Antitrust Division align, but where our respective areas of expertise differ,” said SEC Chairman Jay Clayton. “By formalizing the exchange of knowledge between our agencies, we aim to foster even greater collaboration and cooperation to ensure that we maintain the efficient and competitive markets that American investors rely on.”
Key provisions of the MOU facilitate both communication and cooperation between the agencies. In particular, the MOU establishes a framework for the Antitrust Division and the SEC to continue regular discussions and review law enforcement and regulatory matters affecting competition in the securities industry, including provisions to establish periodic meetings among the respective agencies’ officials. The MOU also provides for the exchange of information and expertise the agencies believe to be potentially relevant and useful to their oversight and enforcement responsibilities, as appropriate and consistent with applicable legal and confidentiality restrictions.
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.
Issaquah, Washington, man pleads guilty to possession of images of child rape and molestationRead the Press Release
Seattle - A 61-year-old Issaquah, Washington, man pleaded guilty today in U.S. District Court in Seattle to possession of child pornography, announced U.S. Attorney Brian T. Moran. PHILIP B. GILBERT, who was employed in the IT department of the Archdiocese of Seattle, was arrested on state charges in May 2019. He was charged federally in October 2019. GILBERT faces up to 20 years in prison when sentenced by Chief U.S. District Judge Ricardo S. Martinez on September 25, 2020.
According to the plea agreement, in January 2019 an electronic service provider reported GILBERT’s account to the National Center for Missing and Exploited Children (NCMEC) for uploading images of child rape and molestation. After obtaining a court-authorized search warrant, law enforcement served the warrant at GILBERT’s residence and seized electronic devices. The devices contained 256 images of child pornography.
Following GILBERT’s arrest, a victim came forward to law enforcement and reported GILBERT molested her. Contra Costa County, California, has charged the defendant with multiple sexual abuse crimes against a minor for which he faces life in prison. Following his federal sentence he will be transferred to California to resolve those charges.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc
The case was investigated by the King County Sheriff’s Office in subsequent collaboration with Homeland Security Investigations.
The case is being prosecuted by Assistant United States Attorney Cecelia Gregson.
Huntington Man Pleads Guilty to Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man has pled guilty to a drug crime, announced United States Attorney Mike Stuart. Jason Chinn, 43, pled guilty to possession with intent to distribute 100 grams or more of heroin. He faces between five and 40 years in prison when sentenced on September 21, 2020.
“370 grams of heroin. When we get dealers like Chinn off the street, our streets and our kids are safer,” said United States Attorney Mike Stuart. “We’ve done remarkable work with remarkable results in Huntington and we will continue ridding our streets of drug dealers and their poisons.”
Chinn admitted that on May 8, 2018, officers executed a search warrant on his residence at 3001 5th Avenue in Huntington. Officers recovered 370 grams of heroin. Chinn admitted that he planned on selling the heroin.
The Cabell County Sheriff’s Department conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph Adams is handling the prosecution.
The case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Heiskell Man Charged with Inciting a Riot and Civil DisorderRead the Press Release
KNOXVILLE, Tenn. – U.S. Attorney J. Douglas Overbey and FBI Special-Agent-in-Charge Joseph E. Carrico announced the unsealing of a federal criminal complaint against Dominic Brown, 18, of Heiskell, charging him with inciting a riot and civil disorder. Brown was arrested earlier today, and made his initial appearance today in the U.S. District Court in Knoxville, Tennessee.
According to allegations made in the June 4 complaint, on May 30, 2020, Brown posted messages on his Snapchat account that were intended to incite and organize a riot at the West Town Mall in Knoxville. In one post, Brown stated, “we are not each other’s enemy only enemy is 12;” the number “12” is slang term that means law enforcement officers. In another post, Brown stated the following regarding a published news story that law enforcement officers were taking threats to West Town Mall seriously: “ok bet lol. [expletive] they ain stopping [expletive] haha I done got felonies and y’all ain stop [expletive] [expletive] outta here.” Brown also made two additional posts to his Snapchat account which contained images depicting maps of the interior of West Town Mall and made an additional post which stated in part, “If we get 300 people we can raid the mall and everything in there....”
According to the complaint, Brown also posted instructions to others and updates of his own preparations for the riot via his Snapchat account. In one post, Brown instructed, “be there by 10:30, lace your shoes, wear masks and gloves. Bring hammers bricks whatever you want.” In another post, Brown stated, “clique up before all y’all get active so we all show up at once [expletive] the waiting a hour on slow pokes clear your agenda if you comin. 10:30.”
The complaint also alleges that, on May 31, Brown was observed by law enforcement officers participating in a civil disorder in the downtown area of Market Square. Law enforcement officers observed Brown picking up a trash can lid filled with an unknown liquid and striking a law enforcement officer in the head while the officer was seated in a police vehicle. Brown attempted to flee, but was ultimately arrested by Knoxville police officers.
“The United States Attorney’s Office supports the right of American citizens to gather in peaceful protest,” said U.S. Attorney Overbey. “However, we will uphold the rule of law in this community and will take swift action against those who seek to hijack the circumstances surrounding the death of George Floyd to engage in violent criminal activity.”
“The FBI’s mission is to protect the American people and uphold the Constitution. That includes the rights of individuals to peacefully exercise their First Amendment freedoms. Violence, the threat of violence, and destruction of property jeopardizes the rights and safety of all citizens, including peaceful demonstrators. We will remain steadfast in our mission to protect the American people from those whose intent is to sow discord in our communities,” said FBI Special-Agent-in-Charge Joseph E. Carrico.
This case is the result of an investigation conducted by the FBI Knoxville Field Office, with assistance from the Knoxville Police Department.
The charges in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
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Former Tribal Chair Sentenced for Embezzlement SchemeRead the Press Release
United States Attorney Ron Parsons announced today that a former Chairman of the Crow Creek Sioux Tribe was sentenced for his role in a scheme involving the embezzlement of tribal funds by former elected tribal officials. Chief U.S. District Judge Roberto A. Lange presided over the sentencing hearing on June 16, 2020.
Brandon Sazue, age 46, the former elected chair of the Crow Creek Sioux Tribe, was sentenced to 3 months imprisonment, to be followed by 3 years of supervised release. He was also ordered to pay $17,330 in restitution and $100 to the Federal Crime Victims Fund.
Five other defendants were previously sentenced for their respective roles in the embezzlement scheme. Roland Robert Hawk, Sr., 51, former elected treasurer of the Crow Creek Sioux Tribe, was sentenced to 42 months imprisonment and ordered to pay $325,762.50 in restitution. Francine Maria Middletent, 55, a former elected councilmember of the Tribe, was sentenced to 30 months imprisonment and ordered to pay $273,817.55 in restitution. Tina Grey Owl, age 64, a former elected councilmember of the Tribe, was sentenced to a split sentence of 10 months imprisonment and ordered to pay restitution in an approximate amount of $190,000. Roxanne Lynette Sazue, age 61, a former elected chair of the Crow Creek Sioux Tribe, was sentenced to a split sentence of 5 months imprisonment and ordered to pay $43,300 in restitution. Jacqueline Ernestine Pease, 34, was sentenced to 3 years of probation and ordered to pay $74,100 in restitution and $100 to the Federal Crime Victims Fund. Pease was not an elected official, yet she worked in the Tribe’s Finance Office where Hawk was the overall supervisor and where Middletent worked as Chief Financial Officer.
According to court documents, in about March 2014 through February 2019, Roland Robert Hawk, Sr., Francine Maria Middletent, Roxanne Lynette Sazue, Jacquelyn Ernestine Pease, Tina Grey Owl, and Brandon Sazue embezzled, stole, willfully misapplied, willfully permitted to misapplied, and converted to their own use approximately $1,000,000 of monies, funds, credit, goods, assets, and other property belonging to the Crow Creek Sioux Tribe.
During times relevant to each defendant’s case, Brandon Sazue served as Chair of the Crow Creek Sioux Tribe, Hawk served as the elected Treasurer of the tribe, Roxanne Sazue was also chair, and Middletent and Grey Owl were elected councilpersons. When not serving in their respective leadership positions, all defendants, except for Brandon Sazue, worked for Hawk in the Tribe’s Finance Office. In their respective leadership roles and employment positions, the defendants had the access and opportunity to the funds that were embezzled from the tribe.
The investigation was conducted by the U.S. Attorney’s Office and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the cases.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; and U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605)330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Foley Man Sentenced to 30 Years for Child Pornography OffensesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Corey Steele, 33, of Foley, Alabama, was sentenced today in federal court on a charge of production of child pornography. Steele pled guilty to the charge in June of 2019.
According to court documents filed in connection with his guilty plea, Foley Police Department received a tip that Steele was in possession of images of child pornography. During the course of their investigation, Foley Police were able to determine that Steele’s co-defendant, Krystal Sanspree, and Steele were involved in a romantic relationship. During the course of their relationship, Steele requested that Sanspree take sexually explicit photos of a child. Sanspree complied, and subsequently sent the images to Steele. Some of the images depicted Sanspree engaged in sex acts with a child. When interviewed, Sanspree admitted to taking the photos. Steele admitted to requesting the photos and stated that he directed Sanspree to do the specific things portrayed in the photos. Both Steele and Sanspree were in possession of the images at the time of their arrest.
United States District Court Judge Callie V.S. Granade imposed a sentence of 360 months imprisonment. The judge ordered that Steele undergo mental health treatment, sex offender treatment, and drug and alcohol treatment while incarcerated. The judge also ordered Steele to serve a fifteen-year term of supervised release beginning upon his discharge from prison. Upon his release from prison, Steele will be required to register as a sex offender. Judge Granade ordered that Steele pay $10,100 in special assessments. Krystal Sanspree was previously sentenced to twenty years in prison for her crimes.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals, federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, visit www.usdoj.gov/psc
The case was investigated by the Foley Police Department and the Department of Homeland Security. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Kacey Chappelear.
Felon Arrested in Stolen Vehicle Sentenced to 57 Months in Prison for Possessing a FirearmRead the Press Release
St. Louis, Missouri – Ramon Thompson, 28, of St. Louis, Missouri was sentenced to 57 months in prison for being a felon in possession of a firearm. He appeared in federal court today before U.S. District Judge Audrey G. Fleissig.
According to the plea agreement, on July 19, 2019, St. Louis Metropolitan Police Department Officers responded to reports of a stolen Chrysler 300 traveling near Belt Avenue and Natural Bridge. The Officers initiated a curb stop of the stolen vehicle, and made contact with two male subjects, including Ramon Thompson in the passenger’s seat. Thompson refused the Officers’ verbal commands to exit the vehicle. Instead, Thompson pushed the driver out of the driver's seat, climbed over the center console toward the driver's seat, and attempted to put the vehicle's transmission into drive. Thompson was ultimately arrested after a physical struggle, and the vehicle was disabled. In the course of being arrested, a 9mm semiautomatic firearm fell from Thompson’s waistband.
This case was investigated by the St. Louis Metropolitan Police Department.
Fairhope Man Sentenced to 60 Months for Child Pornography OffenseRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Tadd Mitchell, 58, of Fairhope, Alabama, was sentenced in federal court on a charge of receipt of child pornography. Mitchell pled guilty to the charge in March of 2020.
According to court documents filed in connection with his guilty plea, Alabama Law Enforcement Agency received a tip that an email address associated with the defendant had received images of child pornography. The images were reviewed and found to contain graphic and lascivious depictions of the genitalia of pre-pubescent females. On November 6, 2019, investigators with BCSO, Fairhope Police, ALEA, Gulf Shores Police and HSI executed a search warrant at Mitchell’s residence. Mitchell was interviewed, and admitted to viewing and possessing child pornography. Mitchell’s phone was seized and analyzed. There were 43 images and videos of child pornography found on his phone, as well as a search history indicative of searching for images of child pornography. Mitchell’s laptop was also seized and analyzed. There were 250 images and videos found on the laptop.
United States District Court Chief Judge Kristi DuBose imposed a sentence of 60 months imprisonment. The judge ordered that Mitchell serve a fifteen-year term of supervised release beginning upon his discharge from prison. Upon his release from prison, Mitchell will be required to undergo sex offender treatment and to register as a sex offender. Judge DuBose ordered that Mitchell pay $5100 in special assessments and $5000 in restitution. Mitchell will be prohibited from have any contact with minors that are not his own children.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals, federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, visit www.usdoj.gov/psc
The case was investigated by the Alabama Law Enforcement Agency, Homeland Security Investigations, and the Baldwin County Sheriff’s Office. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Kacey Chappelear.
Dominican National Pleads Guilty to False Identity CrimesRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Boston to fraudulent use of a Social Security number.
Richard Zapata Suarez, 32, formerly of Lawrence, pleaded guilty to one count of false representation of a Social Security number. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for Aug. 10, 2020.
On May 17, 2016, Zapata Suarez used the Social Security number of a U.S. citizen to submit a renewal application for a Massachusetts driver’s license under the victim’s name. In order to obtain the license, Zapata Suarez fraudulently provided various documents to the Massachusetts Registry of Motor Vehicles, including a Social Security card and birth certificate bearing the victim’s name.
The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized investigative group comprised of personnel from various state, local, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.
The charge of falsely representing the Social Security number of another provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General made the announcement today. Valuable assistance was provided by the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Office; U.S. Secret Service; U.S. Postal Inspection Service; U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, Boston; the U.S. Marshals Service; the Massachusetts State Police; and the Massachusetts Office of Inspector General. Assistant U.S. Attorney Adam W. Deitch of Lelling’s Major Crimes Unit is prosecuting the case.
Dominican National Pleads Guilty to Crack and Cocaine TraffickingRead the Press Release
BOSTON – A Dominican national living in Lawrence pleaded guilty on Wednesday, June 17, 2020 in federal court in Boston to trafficking crack and cocaine.
Encebio Esperitusanto, 34, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 28 grams or more of cocaine base (crack cocaine), one count of distribution of 28 grams or more of cocaine base, and one count of distribution of cocaine. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Aug. 26, 2020. Esperitusanto has been in federal custody since he was arrested on March 13, 2019.
In November 2018, in Lawrence, Esperitusanto sold crack cocaine to a cooperating source on two occasions. In February 2019, Esperitusanto again arranged for two additional sales of crack and cocaine to the same cooperating source.
The charges of conspiracy to distribute and distribution of 28 grams or more of cocaine base carry a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years of supervised release and a fine of up to $5 million. The charge of distribution of cocaine carries a sentence of up to 20 years in prison, a minimum of three years of supervised release and a fine of up to $1 million. 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 Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division made the announcement. Assistance was also provided by the U.S. Postal Inspection Service and Immigration and Customs Enforcement. Assistant U.S. Attorneys Katherine Ferguson and Stephen Hassink of Lelling’s Narcotics and Money Laundering Unit are prosecuting the case.
Doctor Charged with Illegally Distributing Controlled Substances Which Resulted in the Death of Three PatientsRead the Press Release
OKLAHOMA CITY – A federal grand jury has returned an indictment involving the illegal distribution of opioids and other controlled substances, announced Timothy J. Downing, United States Attorney for the Western District of Oklahoma.
On June 18, 2020, the grand jury charged DONALD HYUNGJOON KIM, M.D., 53, for distributing opioids and other controlled substances illegally. In 2018, the Oklahoma City DEA District Office began to investigate the prescription writing of Dr. Kim, who practiced in Oklahoma City. The indictment alleges that from July 1, 2015, to October 12, 2018, Dr. Kim committed 154 separate counts of distributing controlled substances—including Schedule II opioids such as oxycodone, oxycontin, and fentanyl, as well as other controlled substances—outside the usual course of professional medical practice and without legitimate medical purpose. The indictment also alleges that his criminal distribution of these drugs resulted in three patient deaths.
If convicted of distributing controlled substances illegally, Dr. Kim could be imprisoned for up to twenty years. If convicted of any of the three distribution counts alleged to have resulted in deaths, however, he would face a sentence of not less than twenty years and up to life. Any of these counts could result in a fine of up to $1,000,000 and a term of supervised release of at least three years.
This case is the result of an investigation by the Drug Enforcement Administration, the Oklahoma Bureau of Narcotics, the Defense Criminal Investigative Service, and the Consumer Protection Branch of the US Department of Justice. Assistant U.S. Attorneys David P. Petermann, Matthew P. Anderson, and Consumer Protection Branch Criminal Division Attorney Donald Lorenzen are prosecuting the case.
The public is reminded these charges are merely accusations and that Dr. Kim is presumed innocent unless proven guilty beyond a reasonable doubt. Reference is made to court filings for further information.
Detroit Men Sentenced to Prison for Drug ChargesRead the Press Release
HUNTINGTON, W.Va. – Two Detroit men were sentenced today for drug charges, announced United States Attorney Mike Stuart. Rudolph Jackson, 42, was sentenced to 71 months in prison. Rudy Jackson, 22, was sentenced to 37 months in prison. Rudolph Jackson previously pled guilty to a five count indictment which charged him with selling heroin and aiding and abetting the possession with intent to distribute methamphetamine and heroin. Rudy Jackson previously pled guilty to aiding and abetting the possession with intent to distribute methamphetamine and heroin.
“There is definitely a pattern. Detroit. Drug dealer. Victimizing the good people of West Virginia. We have had enough of out-of-state drug dealers coming to our great state and poisoning our communities,” said United States Attorney Mike Stuart. “Make no mistake, if you come to West Virginia with drugs, when we catch up to you - and we will - we are going to do our best to allow you to stay at the federal ‘inn’ and, trust me, there is no turn down service or a chocolate on the pillow.”
Rudolph Jackson previously admitted that on four separate occasions he sold heroin to a confidential informant in Huntington. Both men also admitted that on August 22, 2019, officers with the Huntington Police Department executed a search warrant at 702 Washington Avenue, Apartment 7 in Huntington. Officers found distribution quantities of methamphetamine and heroin inside the apartment. Both men admitted that they intended to aid other individuals in selling the methamphetamine and heroin.
The Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie Taylor handled the prosecution.
The case was prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Cynthiana Man Pleads Guilty to Mail FraudRead the Press Release
LEXINGTON, Ky. - A Cynthiana, Kentucky man, Randall Perry, 53, pleaded guilty on Monday, before U.S. District Judge Karen Caldwell, to mail fraud.
According to his plea agreement, Perry was an employee at Toyota Manufacturing Plant in Georgetown, Kentucky. While working there, he stole various parts and equipment from the plant and then sold many online. Perry admitted that between November 9, 2015 and November 6, 2017, he sold stolen parts through eBay and other means, fraudulently representing to online consumers that he was in lawful possession of the equipment he offered for sale. Perry mailed the stolen equipment to purchasers and obtained $254,799.30 from this scheme.
Perry was indicted in June 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Kenneth Cleevely, Special Agent in Charge, U.S. Postal Service – Office of Inspector General (USPS-OIG); and Michael Bosse, Chief of the Georgetown Police Department, jointly announced the guilty plea.
The investigation was conducted by USPIS and Georgetown Police Department. The United States was represented by Assistant U.S. Attorney Tashena Fannin.
Perry is scheduled to be sentenced on September 21, 2020. He faces up to 20 years in prison and a maximum fine of $250,000. However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
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Convicted Murderer Sentenced to over 15 Years in Federal Prison for Role in Prison-Based Drug Smuggling Ring that Involved Prison CookRead the Press Release
LOS ANGELES – A convicted murderer serving a life sentence in California state prison was sentenced today to 188 months in federal prison for his involvement in a drug-trafficking conspiracy that smuggled narcotics into the prison with the help of the prison’s then-cook and others.
Lamont Devault, 49, a.k.a. “Mont,” was sentenced by United States District Judge R. Gary Klausner. Devault’s federal prison sentence will begin if he is paroled from his state prison term, which began in 2002. He will be eligible for parole from state prison in March 2031, according to the California Department of Corrections and Rehabilitation.
After a three-day trial in February, a federal jury found Devault guilty of three felonies: conspiracy to distribute methamphetamine and other controlled substances, possession with intent to distribute methamphetamine, and possession with intent to distribute heroin.
According to the evidence presented at trial, Devault was an inmate at Centinela State Prison in Imperial County in 2017. Devault recruited his son, co-defendant Lamont Devault II, 26, of Long Beach, to obtain narcotics outside the prison supplied by an associate of another inmate, co-defendant Steve Bencom, 39, a.k.a. “Risky” and “Risky Business,” of East Los Angeles. Devault’s son then supplied the drugs to co-defendant and then-prison cook Lance Medina, 33, a.k.a. “Droop,” of El Centro, so that Medina could smuggle the drugs into the prison by concealing them in his underwear.
Devault, who coordinated the conspiracy by using a contraband cell phone in prison, then oversaw the distribution of those drugs within the prison through other inmates, including co-defendant Deandre McIntosh, 43, a.k.a. “Casper D,” of Long Beach.
In November 2017, Medina was caught smuggling nearly 54 grams of methamphetamine into the prison. Medina had another 131 grams of methamphetamine and 91 grams of heroin at his home that he was planning to smuggle into the prison at Devault’s direction.
Devault concealed the conspiracy’s illicit financial gains with the help of co-defendant LaShawn Anderson, 50, of Downey, then a civilian employee of the Los Angeles County Sheriff’s Department.
On January 27, Anderson pleaded guilty to one count of conspiracy to engage in money laundering. In her plea agreement, Anderson admitted that she conspired with Devault and others to launder the illicit proceeds. Her sentencing hearing is scheduled for August 3, at which time she will face a statutory maximum sentence of 20 years in federal prison.
Bencom pleaded guilty on January 22 to one count of conspiracy to distribute methamphetamine and was sentenced to 10 years in federal prison, consecutive to his state sentence, which he is serving for a robbery conviction.
McIntosh was found guilty at trial alongside Devault of one count of conspiracy to distribute methamphetamine and awaits a July 20 sentencing hearing, at which time he will face a mandatory minimum sentence of five years in federal prison and a maximum sentence of 40 years’ imprisonment.
The other defendants in the case have pleaded guilty to federal charges and will be sentenced in the coming months.
This case was investigated by the Drug Enforcement Administration, as part of the High Intensity Drug Trafficking Areas (HIDTA) program, and was conducted with the support of the Organized Crime Drug Enforcement Task Force (OCDETF). The California Department of Corrections and Rehabilitation provided assistance.
This matter was prosecuted by Assistant United States Attorneys Puneet V. Kakkar and Benedetto L. Balding of the International Narcotics, Money Laundering, and Racketeering Section.
Colombian National Sentenced for Maritime Cocaine TraffickingRead the Press Release
BOSTON – A Colombian national was sentenced last week in federal court in Boston for trafficking cocaine on board maritime vessels.
Alex Mendoza Vasquez, 38, was sentenced on Tuesday, June 16, 2020 by U.S. District Court Judge William G. Young to 60 months in prison and ordered to forfeit $300,000. In May 2019, Mendoza Vasquez pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States and one count of possession with intent to distribute and distribution of five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States. Mendoza Vasquez, a Colombian national, was extradited from Colombia on March 29, 2019 to face charges.
Beginning at least as early as 2013, Mendoza Vasquez and others were involved in the maritime shipment of cocaine that was sourced in Colombia and shipped via Venezuela to Spain, Puerto Rico, and other locations. The transactions followed a typical pattern: the cocaine was sourced in the area of Catatumbo, Colombia, transported to the port city of Puerto La Cruz, Venezuela, and then ferried to Isla Margarita, off the coast of Venezuela. Thereafter, based upon an agreed-upon date, time, sea coordinates, and a code word, small lanchas carrying the cocaine met a fishing vessel that was offshore. The small lanchas provided the code word, and then transferred the drugs to the fishing vessel for further transport to the final destination in Europe or the Caribbean.
Based on BlackBerry PIN-to-PIN communications, consensually-recorded telephone calls, consensually-recorded meetings, communications intercepted during judicially-authorized Colombian wiretaps, the seizure of 1,688 kilograms of cocaine, e-mail messages, and photographs, investigators determined that Mendoza Vasquez was an active participant in the organization’s drug trafficking activity and specifically was involved in arranging shipments of cocaine to the Dominican Republic and Puerto Rico.
In particular, on Jan. 23, 2015, Mendoza Vasquez met with co-conspirators at a residence in Cucuta, Colombia, to plan for 600 kilograms of cocaine to be shipped to Puerto Rico. Following this meeting, Mendoza Vasquez and others arranged for a co-conspirator, who was a drug transporter, to receive the cocaine at a warehouse that he maintained on Isla Margarita in Venezuela. The transporter organized the kilograms of cocaine in 30-kilogram bundles so that the shipment included a total of 20 bales of cocaine.
At the direction of the owners of the cocaine, including Mendoza Vasquez, the transporter had the bales loaded on two small boats, one carrying 14 bales and one carrying six bales. On Aug. 15, 2015, the two small boats departed Isla Margarita at approximately 9:00 p.m. The two small boats were to deliver a total of 30 bales of cocaine to a fishing vessel, which would transport the cocaine to meet a go-fast boat at pre-arranged coordinates at sea. Eventually, the boat carrying 14 bales reached the fishing vessel; the second boat eventually returned to Isla Margarita with six bales of cocaine based on concerns regarding the presence of law enforcement. According to recorded communications, the fishing vessel received 14 bales of cocaine and transported them to the coordinates to meet a go-fast boat.
On Aug. 19, 2015, Puerto Rican-based federal agents observed three men navigating a Yamaha power boat with the lights off in the Farjardo coast area of Puerto Rico. Officers instructed the vessel, which had no registration, to stop. The Yamaha power boat did not comply and law enforcement disabled the vessel. Federal investigators searched the nearby area and recovered 13 bales containing nearly 400 kilograms of cocaine and located large amounts of rope and a knife on the shoreline.
Later the same day, in a BlackBerry chat with a co-conspirator, Mendoza confirmed his involvement in the load and reported to the co-conspirators that authorities had arrested three individuals, that four sacks of cocaine were left on the shore, and that their associates had hidden some of the cocaine bales.
The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement today. Valuable assistance was provided by the Colombian National Police, the Spanish Guardia Civil, and the Portuguese Air Force. Assistant U.S. Attorney Linda Ricci, Chief of Lelling’s Narcotics and Money Laundering Unit, prosecuted the case.
Chelsea Man Pleads Guilty and Sentenced for Bank RobberyRead the Press Release
BOSTON – A Chelsea man pleaded guilty and was sentenced on Friday, June 19, 2020, for the September 2019 robbery of a branch of TD Bank in Chelsea.
Edward Robert Rezendes, 66, pleaded guilty to one count of bank robbery. After accepting Rezendes’s guilty plea, U.S. District Court Judge Nathaniel M. Gorton sentenced Rezendes to time served (approximately 10 months in prison) and three years of supervised release. Rezendes, who was on probation for an unrelated bank robbery at the time the offense, had been indicted by a federal grand jury in November 2019.
On Sept. 10, 2019, Rezendes entered the TD Bank branch in Chelsea and wrote a demand note on the back of a deposit slip. He then presented the note to a bank teller, who removed approximately $3,670 in cash from her drawer, placed the money in a clear plastic bag, and handed the currency to Rezendes, who exited the bank and boarded an MBTA bus. Rezendes was located and apprehended shortly thereafter, and found in possession of the plastic bag containing the stolen currency, a GPS tracking device which had been embedded in the stolen currency, and the demand note, which had also been handed back to the defendant.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Chelsea Police Chief Brian Kyes made the announcement made the announcement. Assistant U.S. Attorney Adam W. Deitch of Lelling’s Major Crimes Unit prosecuted the case.
Buffalo Man Sentenced for Meth TraffickingRead the Press Release
SPRINGFIELD, Mo. – A Buffalo, Missouri, man was sentenced in federal court today for methamphetamine trafficking.
Michael S. Creel, 35, was sentenced by U.S. District Judge M. Douglas Harpool to 13 years in federal prison without parole. The court ordered the federal sentence be served consecutively to sentences Creel faces in Lawrence County, Missouri, and Dallas County, Missouri, for possession of controlled substances (for which he was on parole at the time of the federal offense).
On Jan. 27, 2020, Creel pleaded guilty to one count of possessing methamphetamine with the intent to distribute.
A Joplin, Missouri, police officer contacted Creel at an Econo Lodge Inn and Suites on Sept. 18, 2019. Creel, who had an active arrest warrant, was placed under arrest. Creel was in possession of $1,200. A police service canine alerted to the presence of drugs in Creel’s vehicle, where officers found two packages that contained approximately 1.5 kilograms of methamphetamine, six packets that contained approximately 2.9 kilograms of marijuana, a quantity of ecstasy, and a drug ledger.
This case was prosecuted by Assistant U.S. Attorneys Josephine L. Stockard and Byron Black. It was investigated by the FBI and the Joplin, Mo., Police Department.
Brockton Tax Preparer Indicted for Tax FraudRead the Press Release
BOSTON – The owner of a tax preparation business in Brockton was indicted last week for preparing false tax returns for others as well as filing a false tax return for himself.
Jose Miguel Spinola, 51, was indicted on 13 counts of preparing false tax returns and one count of filing a false tax return. Spinola was arraigned in federal court in Boston on Friday, June 19, 2020.
As alleged in the indictment, on numerous occasions between 2014 and 2017, Spinola prepared and filed income tax returns for clients that contained false, inflated and incorrect information on his clients’ IRS Form 1040, U.S. Individual Income Tax Returns and attached schedules. Spinola allegedly added false, inflated and ineligible expenses on his clients’ Schedules A for medical and dental expenses and unreimbursed employee business expenses, including claimed meals and entertainment, business miles and work apparel. By inflating Schedule A deductions, Spinola allegedly decreased his clients’ taxable income and effectively increased the clients’ tax refunds. Spinola informed his clients of the total tax refund they would receive from the IRS without telling the clients about the false, inflated, or ineligible expenses Spinola deducted from his clients’ income tax returns.
As part of the investigation, an undercover agent had Spinola prepare and file tax returns. The indictment alleges that Spinola fraudulently deducted false expenses on the undercover agent’s tax return including medical and dental expenses, charitable donations and unreimbursed business expenses – none of which were reported to Spinola by the agent.
Each count of aiding the preparation of false tax returns and filing false tax returns provides for a sentence of up to three 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 Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities, Financial and Cyber Fraud Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Bristol, Virginia Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ABINGDON, VIRGINIA – A Bristol, Virginia man, who corresponded with and sent lewd pictures to an FBI employee he believed to be a 14-year-old female, pleaded guilty today in federal court to a series of charges related to the distribution and possession of child pornography. United States Attorney Thomas T. Cullen and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division made the announcement.
Jonathan Neal Sexton, 33, pleaded guilty today in U.S. District Court in Abingdon to two counts of distributing child pornography and one count of possessing child pornography. At sentencing, Sexton will be sentenced to an agreed upon term of imprisonment between 120-180 months. He will be sentenced on September 14, 2020.
According to court documents, between February 2020 and May 2020, Sexton used the chat application KIK to correspond with who he believed to be a 14-year-old female. The 14-year-old was actually an undercover employee of an FBI Human Trafficking & Child Exploitation Task Force. During these chats, despite the “teen” being in the “clean area” of the KIK app, Sexton engaged the “teen” in conversations about masturbation, sex toys, sexual intercourse, and other topics. He also sent pictures of sex toys and videos of himself masturbating. He routinely asked the “teen” to send him nude pictures, and referenced the time when they could see each other and engage in sexual conduct. On multiple occasions, Sexton sent the “teen” pictures of prepubescent females nude and engaging with prepubescent males in sexual conduct.
The investigation of this case was conducted by the Federal Bureau of Investigation, Virginia State Police, United States Marshal’s Service, and the Bristol, Virginia Police Department. Assistant United States Attorneys Zachary T. Lee and Lena Busscher are prosecuting the case for the United States.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Box Elder Man Sentenced to Prison for Enticing a Minor Using the InternetRead the Press Release
United States Attorney Ron Parsons announced that a Box Elder, South Dakota, man convicted of Enticement of a Minor Using the Internet by a Previously Registered Sex Offender was sentenced on June 4, 2020, by U.S. District Judge Jeffrey L. Viken.
John Sanders, age 46, was sentenced to 293 months in federal prison, lifetime supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Sanders was arrested and federally indicted following a Cybertip from the National Center of Missing and Exploited Children. The Cybertip included the suspected images of child pornography and online communications between Sanders and an 11-year-old victim. Multiple illicit images where exchanged between the two. Sanders is a registered sex offender for offenses committed in Missouri in 2001 and 2013.
The investigation was conducted by the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Sanders was immediately remanded to the custody of the U.S. Marshals Service.
Bhaskar Patel Sentenced in Kickback and Bribery Scheme in Connection with Government ContractsRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Bhaskar Patel, 69, of Horseheads, New York, was sentenced Friday in federal district court in connection with a kickback and bribery scheme conducted in connection with federal energy savings performance contracts (“ESPCs”). While employed by Schneider Electric Buildings America (“Schneider”), Patel unlawfully solicited and accepted $2,536,119.19 in bribes and kickbacks associated with ESPCs from subcontractors to Schneider. According to the Information filed in the case, the scheme ran from June 6, 2011 through April 19, 2016, involved dozens of bribes and kickbacks from eight subcontractors to Schneider, and included amounts ranging from $6,231 to $136,990.19.
“Mr. Patel’s conduct was motivated by a corrupt culture and greed, and I am proud of our prosecutors, staff, and federal law enforcement partners that investigated this complex fraud and convicted Mr. Patel,” said Christina E. Nolan, United States Attorney for the District of Vermont. “This scheme ran for years, swindled millions of dollars, and betrayed the trust expected of government contractors when they receive American taxpayer dollars and have the honor of working with the federal government. The U.S. Attorney’s Office is committed to fighting the financial scourge imposed by procurement fraud and will vigorously enforce our criminal laws against those responsible for this conduct.”
According to the Information, Patel accepted illegal kickbacks and bribes in connection with a $70 million project for the United States Coast Guard (“USCG”) in Aguadilla, Puerto Rico; a $24.7 million project for the United States Department of Agriculture (“USDA”) in Albany, California; a $12.6 million project for the United States General Services Administration (“GSA”) in St. Croix, U.S. Virgin Islands; a $21.8 million project for GSA in San Juan, Puerto Rico and St. Thomas, U.S. Virgin Islands; a proposed project of $42.4 million for work on the VA medical centers in Vermont, Massachusetts, Rhode Island, and Maine; and a $114.3 million project for the U.S. Navy for work on the Naval base in Coronado, California.
For each contract named in the Information, Patel, a Senior Project Manager, was authorized and directed by Schneider to obtain bids from subcontractors and recommend for selection the subcontractors that would be awarded a contract under an ESPC. Schneider further authorized and directed Patel to -- post-selection of a subcontractor -- negotiate change orders, price changes, and oversee and manage subcontractors. Patel knew subcontractors provided gratuities with the intent of obtaining favorable treatment from Patel and Schneider in connection with existing and/or future ESPC contracts awarded by various government agencies to Schneider.
Patel pleaded guilty to one count of accepting illegal kickbacks in connection with federal contracts, a violation of 41 U.S.C. §§ 8702 and 8707, and one count of accepting bribes in connection with federal contracts, a violation of 18 U.S.C. § 666. Chief Judge Geoffrey W. Crawford on Friday sentenced Patel to a term of three years of probation with conditions of supervised release and entered a forfeiture judgment of $2,536,119.19.
“Federal energy savings performance contracts are intended to save VA money. Bribery and other corrupt acts by contractors instead divert and waste precious dollars intended for our nation’s veterans,” said VA-OIG Special Agent-in-Charge Christopher F. Algieri. “The VA Office of Inspector General will continue to work with our partners in the law enforcement community to prevent this type of fraud and hold any wrongdoers accountable.”
USDA-OIG Special Agent-in-Charge Bethanne M. Dinkins commented, “We appreciate the commitment of the U.S. Attorney’s Office and the cooperative efforts of our law enforcement partners throughout this significant investigation. Mr. Patel’s sentence sends a strong message regarding the benefit of working across agency lines to protect the integrity of the procurement process throughout Government. The USDA Office of Inspector General will continue to dedicate resources to investigate those who unlawfully solicit and accept bribes and kickbacks involving USDA contracts.”
Acting Special Agent-in-Charge, Tim Westfall, Naval Criminal Investigative Service, Northeast Field Office said: “Fraud is not a victimless crime, and puts our armed forces at greater risk. The American taxpayers are also victims as the flagrant and wrongful misuse of American taxpayer dollars not only erodes the public trust but also jeopardizes the Department of Navy’s efforts to obtain the best technology, services, and equipment for our brave men and women in uniform. By conspiring to manipulate the contracting process through lies and deceit, those involved have drained significant resources from the Navy and have made it harder for legitimate companies that play by the rules.”
“Federal contractors must be above board in their dealings. The U.S. General Services Administration Office of Inspector General will continue to aggressively pursue those who engage in bribery and kickback schemes,” added Special Agent-in-Charge, Luis Hernandez.
The United States is represented in this matter by Assistant U.S. Attorney Owen C.J. Foster. Bhaskar Patel is represented by David Haas, Esq., of Haas Law in Orlando, Florida; and Heather Ross, Esq., of Sheehey, Furlong & Behm PC in Burlington, Vermont.
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
Beattyville Man Sentenced to 248 Months for Armed Methamphetamine TraffickingRead the Press Release
LEXINGTON, Ky. - A Beattyville, Kentucky man, Michael B. Hensley, 58, was sentenced on Monday to 248 months in federal prison, by Chief U.S. District Judge Danny Reeves, for possession with intention to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking.
According to his plea agreement, Hensley admitted that on February 25, 2019, law enforcement officials approached him, based on an outstanding warrant for theft of a firearm, at a convenience store in Richmond, Kentucky. When searching his vehicle, officers located more than 1.9 kilograms of pure methamphetamine and a loaded firearm. Hensley admitted that he possessed the firearm in furtherance of his drug crime.
Hensley pleaded guilty in November 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; J. Todd Scott, Special Agent in Charge, DEA, Louisville Field Division; and Sheriff Mike Coyle, Madison County Sheriff’s Office, jointly made the announcement.
The investigation was directed by the DEA and Madison County Sheriff’s Office. The United States was represented by Assistant U.S. Attorney Gary Todd Bradbury.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
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. Click here for more information about Project Guardian.
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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Akron man sentenced to 22 years for selling fentanyl which caused the death of a Wooster woman and firing a handgun during the robbery of an Akron grocery storeRead the Press Release
Justin E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that Dayviaire Rogers, 27, of Akron, was sentenced to 264 months imprisonment by United States District Court Judge Patricia A. Gaughan. Rogers pleaded guilty to possession with intent to distribute and distribution of fentanyl, interference with commerce by robbery, possession of a firearm and ammunition by a convicted felon, and discharging a firearm during and in relation to a crime of violence on February 7, 2020.
“Today’s sentence sends a strong message that selling fentanyl and violent crime will result in a lengthy prison term,” said U.S. Attorney Justin Herdman. “We will continue to seek long prison sentences for individuals who sell opioids in our neighborhoods and who use firearms to commit acts of violence.”
According to court documents, on March 16, 2019, Rogers sold a substance containing fentanyl to a Wooster woman who used the substance several hours later at a Wadsworth bar, causing her death. Medical examiners later determined the cause of death to be acute fentanyl intoxication.
While investigators from the DEA, Wadsworth Police Department, and the Medina County Drug Task Force were investigating the overdose death, investigators from the ATF and the Akron Police Department were investigating an armed robbery on of an Akron grocery store. As agents and prosecutors collaborated on the parallel investigations, they realized Rogers was suspected of both crimes. On April 20, 2019, Rogers entered the grocery store wearing a mask and aimed a loaded handgun in the face of the store owner and her minor daughter. Rogers stole approximately $7,000 and discharged his firearm during the robbery.
A review of Rogers’ criminal record revealed he was prohibited from possessing a firearm due to prior felony convictions.
These investigations were conducted by the ATF, Drug Enforcement Administration, Medina County Drug Task Force, Medina County Prosecutor’s Office, Wadsworth Police Department and the City of Akron Police Department. The matter was prosecuted by Assistant U.S. Attorneys Christopher J. Joyce and Patrick P. Burke.
Saturday 20 June 2020
Statement by U.S. Attorney Craig CarpenitoRead the Press Release
Earlier today, Attorney General Barr announced that, by operation of law, Audrey Strauss will become the Acting U.S. Attorney for the Southern District of New York and will serve in that capacity until a permanent successor is in place. Audrey Strauss is a talented and tenacious lawyer, and she is someone for whom I have a great deal of respect. She will uphold the reputation and legacy of the Southern District and honor its fine public servants. I commend the Attorney General on his decision to have Audrey Strauss serve in this capacity, and I look forward to continuing to do the job that I love – leading the great men and women of the District of New Jersey.
Statement of Geoffrey S. BermanRead the Press Release
“In light of Attorney General Barr’s decision to respect the normal operation of law and have Deputy U.S. Attorney Audrey Strauss become Acting U.S. Attorney, I will be leaving the U.S. Attorney’s Office for the Southern District of New York, effective immediately. It has been the honor of a lifetime to serve as this District’s U.S. Attorney and a custodian of its proud legacy, but I could leave the District in no better hands than Audrey’s. She is the smartest, most principled, and effective lawyer with whom I have ever had the privilege of working. And I know that under her leadership, this Office’s unparalleled AUSAs, investigators, paralegals, and staff will continue to safeguard the Southern District’s enduring tradition of integrity and independence.”
Friday 19 June 2020
Wilson Man Sentenced to 10 Years for Ammunition Charge Related to Shooting at Highway PatrolmanRead the Press Release
RALEIGH, N.C. – A Wilson man was sentenced today to 120 months in prison for unlawfully possessing ammunition.
According to court documents, on January 14, 2019, North Carolina State Highway Patrol Trooper Daniel Harrell conducted a traffic stop on a vehicle driven by John David Jones, 38, for illegally towing another vehicle. During the traffic stop, Jones fired several 9mm rounds into the windshield of Trooper Harrell’s patrol car, striking Trooper Harrell in the cheek and forehead. Jones fled the scene and Trooper Harrell pursued him until Jones made a U-Turn and rammed Trooper Harrell’s patrol vehicle head-on. At the scene of the shooting, investigators recovered multiple 9mm shell casings, and the defendant’s DNA was found on a recovered shell casing.
Following the sentencing hearing, Mr. Higdon commented: “Every day law enforcement officers across the Eastern District face unknown risks as they attempt to deal with those among us who will not follow the law. Trooper Harrell’s experience with the defendant in January of 2019 is our worst nightmare: he stops a vehicle for a relatively minor suspected violation, he finds himself fighting for his own life as he takes gunfire to the face. We are so grateful that Trooper Harrell survived and has overcome his injuries; but his experience reminds us of the inherent danger law enforcement faces every day and why my office and the U.S. Justice Department are proud to stand with Trooper Harrell who bravely faced this threat for all of us.”
Colonel Glenn M. McNeill of the North Carolina Highway Patrol stated: “Today, several members of the State Highway Patrol family stood alongside Trooper Daniel Harrell, as we collectively attended the sentencing hearing of his attacker. While the punishment imposed affords the Harrell family and law enforcement across our state a sense of closure, we cannot allow today’s court proceeding to overshadow Trooper Harrell’s heroic efforts. My continued hope is that our members will never face a cowardly act such as this and those wishing to do harm to a law enforcement officer understands their actions will not go unpunished. I am eternally grateful for the unwavering partnership among our federal partners from the US Attorney’s Office who worked tirelessly to ensure North Carolina remains a safe place to live.”
This case is part of the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For more information about this initiative click here: https://www.justice.gov/usao-ednc/tbnc.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), United States Marshals Service, North Carolina State Highway Patrol, North Carolina State Bureau of Investigation, Wilson County Sheriff’s Office, Nash County Sheriff’s Office, and Greenville Police Department investigated the case and Assistant U.S. Attorney Chad E. Rhoades prosecuted the case.
Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-cr-00304-D.
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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.
Wilmington Man Sentenced for Illegally Possessing a Stolen FirearmRead the Press Release
RALEIGH, N.C. – A Wilmington man was sentenced today to 77 months in prison for illegally possessing a firearm.
Darrius Franklin Autry, 28, was named in a one-count Indictment filed in the Eastern District of North Carolina on December 3, 2019. The Indictment charged Possession of a Firearm by a Felon on May 15, 2019. Autry pled guilty on March 11, 2020, to the sole count of the indictment.
Court documents indicate that, on May 15, 2019, officers with the Clayton North Carolina Police Department conducted a traffic stop on a vehicle occupied by Autry and two other individuals. Officers approached the vehicle and detected a strong odor of marijuana coming from within the vehicle. Autry, who was seated in the back seat of the vehicle, told officers that he had a gun in his bag on the back seat. Officers subsequently seized Autry’s firearm that was loaded with 10 rounds of ammunition. Additionally, a weapon check on the firearm confirmed that it was stolen out of Durham, North Carolina.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Clayton Police Department (CPD) investigated the case and Assistant U.S. Attorney Daniel W. Smith prosecuted the case.
Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-cr-00477-D-1.
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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.
Wilkes-Barre Man Charged with Additional Offenses for Methamphetamine LaboratoryRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury returned a superseding indictment on June 16, 2020, charging Michael Laury, age 41, formerly of Wilkes-Barre, Pennsylvania, with additional offenses for a methamphetamine laboratory.
According to United States Attorney David J. Freed, the superseding indictment charges Laury with managing a drug premises, a methamphetamine conspiracy, with giving a false statement to federal law enforcement officials. The charges stem from a methamphetamine laboratory that law enforcement officials shuttered at Laury’s residence in June 2017. Laury also is charged with lying to FBI agents about his knowledge of the methamphetamine laboratory.
The matter was investigated by the FBI, the Pennsylvania State Police, and the Wilkes-Barre Police Department. Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The penalties under federal law for the most serious offense are a maximum 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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West Hazleton Man Charged with Firearms and Narcotics Trafficking OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Randell Bruton-Scott, age 33, of West Hazleton, Pennsylvania, was indicted on June 16, 2020, by a federal grand jury with crack cocaine trafficking and firearms offenses.
According to United States Attorney David J. Freed, the indictment charges Bruton-Scott with distributing crack cocaine on five different occasions, and with possessing with the intent to distribute more than 28 grams of crack cocaine, in May and June of 2019. Bruton-Scott also is charged with possessing a firearm in furtherance of his narcotics trafficking and with being a felon in possession of firearms and ammunition.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosive, the Luzerne County Drug Task Force, and the West Hazleton Police Department. Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The penalties under federal law for the most serious drug offense are a minimum five years and maximum 40 years of imprisonment, for the most serious firearms offense are a minimum five years and maximum life of imprisonment, to run consecutive to any other sentenced imposed, and a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Virginia Resident Indicted for Employment Tax Evasion and Obstructing the IRSRead the Press Release
A federal grand jury in Roanoke, Virginia, returned an indictment today, charging a Virginia resident with evading payment of employment taxes and attempting to obstruct the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.
According to the indictment, Jeffrey Tharpe was the owner and operator of Shearin Construction Inc. (Shearin Construction), an excavating and heavy construction business located in Charlotte County. From 2002 through 2013, Tharpe allegedly caused payroll taxes to be withheld from Shearin Construction’s employees’ wages, but failed to fully pay them over to the IRS. In an attempt to make it appear that Tharpe had no ownership interest in the company or its funds, Tharpe allegedly placed the company and its assets in his wife’s name. When the IRS attempted to collect the outstanding payroll taxes from Tharpe’s wife, Tharpe allegedly caused his wife to transfer her interest in real property to him and then encumbered the property with fake debts to place it beyond the IRS’s reach. The indictment alleges that Tharpe owes more than $940,000 in employment taxes, interest, and penalties.
If convicted, Tharpe faces a maximum sentence of five years in prison for tax evasion, and three years in prison for obstructing the IRS. He also faces a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Cullen commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Alexander Effendi and William Montague of the Tax Division, who are prosecuting this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Virginia Attorneys Plead Guilty for Orchestrating a $200 Million Extortion Scheme Targeting a Multinational Chemicals CompanyRead the Press Release
Two licensed Virginia attorneys pleaded guilty today to federal extortion charges, admitting their roles in a scheme to extort a multinational chemicals company by threatening to inflict substantial financial and reputational harm on the company if their demands for a $200 million payment disguised as a purported “consulting agreement” were not met.
Timothy Litzenburg, 38, of Charlottesville, Virginia, and Daniel Kincheloe, 41, of Glen Allen, Virginia, each pleaded guilty today to one count of transmitting interstate communications with the intent to extort, before U.S. Magistrate Judge Joel C. Hoppe of the Western District of Virginia. Litzenburg and Kincheloe will be sentenced on Sept. 18, 2020, before U.S. District Court Judge Norman K. Moon.
“This is a case where two attorneys blew well past the line of aggressive advocacy and crossed deep into the territory of illegal extortion, in a brazen attempt to enrich themselves by extracting millions of dollars from a multinational company,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “Today’s pleas underscore that when crimes are committed, members of the bar, like all members of the public, will be held accountable for their actions.”
“The consequences of extortion are far reaching, affecting not only individuals, but also the economy in the United States and the world’s financial markets,” said Inspector in Charge Delany De Leon-Colon of the U.S. Postal Inspection Service (USPIS). “Those who engage in this type of abuse of power while in positions of authority should know they cannot escape detection. They will be found and they will be held accountable for their actions.”
As part of their guilty pleas, Litzenburg and Kincheloe admitted that in approximately October 2019, Litzenburg approached a company (Company 1) and threatened to make public statements alleging that Company 1 had significant civil liability for manufacturing a purportedly harmful chemical used in a common household product used to kill weeds. Litzenburg and Kincheloe also admitted that after describing the possibility of damaging lawsuits against Company 1, Litzenburg proposed, in sum and substance, that he and Kincheloe enter into a “consulting arrangement” with Company 1 that would create a purported conflict-of-interest that would effectively stop them from representing their clients as plaintiffs in litigation against Company 1. Thereafter, Litzenburg and Kincheloe admitted that Litzenburg, with Kincheloe’s knowledge and agreement, demanded that Company 1 pay Litzenburg, Kincheloe, and others, a total of $200 million in purported “consulting fees.”
Litzenburg and Kincheloe also admitted that after making their demand for $200 million from Company 1, they registered a Virginia corporation for the purpose of receiving monies from Company 1, and that they agreed to split the funds from Company 1 amongst themselves and their associates, and to not distribute any of the monies Company 1 paid them as purported “consulting fees” to their existing clients. Litzenburg and Kincheloe admitted that after making their demand for $200 million, Litzenburg threatened Company 1 that they and others would commence litigation that would become “an ongoing and exponentially growing problem for [Company 1], particularly when the media inevitably takes notice[,]” and that such litigation would cost Company 1 and its publicly-traded parent company “billions, setting aside the associated drop in stock price and reputation damage.”
Litzenburg and Kincheloe also admitted that in an email written by Litzenburg, they threatened Company 1 that unless they were paid $200 million, Company 1 would have “thousands of future plaintiffs against [Company 1,]” and that “in the absence of a so-called ‘global’ or final deal with me, this will certainly balloon into an existential threat to [Company 1].”
Litzenburg and Kincheloe also admitted that they met in person with attorneys representing Company 1 at a conference center in Charlottesville, Virginia, and during that meeting Litzenburg again threatened to injure the property and reputation of Company 1 and its parent company unless they were paid $200 million pursuant to purported “consulting arrangements,” and that without such a deal there was no way Company 1 “gets out of it for less” than “[a] billion. Yeah. No, I mean, nuisance value, uh, defense lawyer fees, a hit in the stock when this gets filed and served, maybe the press conference, whatever.” Later in the same meeting, Litzenburg and Kincheloe admitted that Litzenburg again stated, in sum and in part, that if they commenced litigation it would have adverse effects on Company 1’s parent’s stock price, which Litzenburg described as “a 40 percent stock loss coming off the top.”
Litzenburg also admitted that, during other communications with Company 1, he told Company 1 that if he received the $200 million in “consulting fees” he would not discuss Company 1 or its parent company with his current clients, and that he was willing to “take a dive” during a deposition of a toxicology expert to deter potential future claims related to litigation against Company 1.
The USPIS investigated the case. Principal Assistant Chief Henry P. Van Dyck and Assistant Chief L. Rush Atkinson of the Criminal Division’s Fraud Section are prosecuting the case.
The Criminal Division’s Fraud Section plays a pivotal role in the Department of Justice’s fight against white collar crime around the country.
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.
Video Gambling Machine Vendor Sentenced for Tax EvasionRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Thomas Laugen, 69, Sun Prairie, Wisconsin, was sentenced today by U.S. District Judge James D. Peterson to 1 year and 1 day in federal prison for income tax evasion.
On July 12, 2019, Laugen pleaded guilty to a one-count information that charged him with evading his 2015 federal income taxes. According to the information filed by the U.S. Attorney’s Office, Laugen owned and operated Global Vending LLC, which operated as a vending company that supplied video gambling machines (VGMs) to Class B alcohol beverage-licensed taverns, restaurants and bowling alleys. The information alleges that Laugen split the cash profits generated by the VGMs with the tavern owners where the machines were placed, with Global typically receiving 25% of the VGM cash profits, and the tavern owners receiving the remaining 75%. The gross receipts from the VGMs were subject to Wisconsin sales tax. The net income from the VGMs were subject to Wisconsin income tax and federal income tax.
As part of the plea agreement, Laugen admitted the he skimmed VGM cash receipts and did not report the skimmed receipts on his state sales tax returns or on his state and federal income tax returns. The total tax loss from the skim, for both state and federal income taxes, and the state sales taxes, totaled over $548,000 for the years 2010-2017.
This tax investigation started with a U.S. Department of Treasury Special Agent working as an undercover agent and posing as a buyer of a bar listed for sale by Cherie and Dudley Hellenbrand in August 2017. The bar was Middleton Sports Bowl (MSB) in Middleton, WI. On May 31, 2018, the undercover agent met with the Hellenbrands and Laugen at Middleton Sport Bowl. During that meeting, Laugen told the undercover agent he skimmed the cash receipts from all of his client’s VGMs, including Middleton Sport Bowl, and that he prepared handwritten collection tickets showing much lower numbers for what came in, what came out, and what was the profit. Laugen told the undercover agent he used the handwritten collection tickets to create fake 1099s that were used to report a portion of the VGM cash receipts to the IRS and to the state of Wisconsin. Laugen also told the undercover agents that he had fake VGM machine-generated tickets created to support the numbers on the handwritten collection tickets in case there was an audit. Laugen explained to the undercover agent that, “you got to steal in this business or you ain’t going to make any money.”
At today’s sentencing, Judge Peterson noted that a prison sentence was required in this case to promote a general deterrence message to the business community. The judge explained that people need to know they must report all of their income and pay taxes -- and if they cheat, they will go to prison. Judge Peterson added that he was “appalled by the idea that it is okay to cheat on your taxes because everyone else in the business community does as well and that the only way to make money is to cheat.” Judge Peterson noted such an idea is wrong and a prison sentence is needed to promote a respect for the law.
Judge Peterson also ordered Laugen to pay $548,416.43 in restitution to the IRS and Wisconsin Department of Revenue noting that, “restitution is not punishment – it is only paying back the loot you took.”
The case against Laugen is the result of an ongoing investigation being conducted by IRS Criminal Investigation and the Wisconsin Department of Revenue, Office of Criminal Investigation. The prosecution of this case is being handled by Assistant U.S. Attorneys Daniel Graber and Chadwick Elgersma.
U.S. Attorney’s Office Shuts Down Website Promoting Prostitution and Sex Trafficking, Indicts OwnerRead the Press Release
The website CityXGuide.com — a leading source of online advertisements for prostitution and sex trafficking that users described as “taking over from where Backpage left off” — has been seized and its owner charged in a 28-count federal indictment, announced United States Attorney for the Northern District of Texas Erin Nealy Cox.
Wilhan Martono, 46, was indicted on June 2 on one count of promotion of prostitution and reckless disregard of sex trafficking, one count of interstate racketeering conspiracy (facilitating prostitution), nine counts of interstate transportation in aid of racketeering (facilitating prostitution), and 17 counts of money laundering. He was arrested on June 17 in Fremont, California by Homeland Security Investigations and the United States Secret Service.
Shortly after the defendant’s arrest, CityXGuide was replaced with a splash page notifying users that the website had been seized by the U.S. Department of Homeland Security pursuant to a warrant.
According to the indictment, Mr. Martono allegedly netted more than $21 million off a suite of illicit websites promoting prostitution and sex trafficking. He allegedly registered the domain names for several of the sites just one day after the FBI shut down Backpage.com, then the internet’s leading source of prostitution and sex trafficking advertisements.
Despite Terms of Use purportedly forbidding the advertisement of illegal sexual services, CityXGuide and its affiliated websites (Backpage.co, CAPleasures.com, and BodyRubShop.com, among others) allegedly allowed brothels, pimps, and prostitutes to post hundreds of thousands of advertisements for sexual services, which users could then filter by geography and preference.
In correspondence with Mr. Martono, one of his CityXGuide advertisers noted that the website was “taking over from where Backpage left off.”
CityXGuide and its companion websites allegedly allowed advertisers to select from a pre-populated list of “intimate activities,” then add nude photographs, descriptions, work hours, methods of payment, and contact information for the women being advertised. In order to secure premium placement, the websites offered paid “upgrades,” which could be purchased in Bitcoin or in exchange for gift cards from Walmart, Best Buy, Lowe’s, Amazon, and other retailers. Mr. Martono allegedly used CardCash, a third party gift card reseller, to exchange these gift cards for U.S. currency.
Mr. Martono allegedly took steps to conceal his online activity by routing website traffic through an IP address in Europe, using a VPN to mask his IP address while conducting CardCash transactions, and funneling his proceeds through a network of business and personal bank accounts. (At the time of Mr. Martono’s arrest, the Department of Homeland Security seized millions of dollars from accounts controlled by Mr. Martono.)
CityXGuide, which served clients across the globe, included a list of 14 “Favorite Cities,” including Dallas, Los Angeles, San Francisco, Las Vegas, Chicago, Atlanta, Miami, and Boston.
Law enforcement has identified numerous minor victims in CityXGuide advertisements, including a 13-year-old Jane Doe recovered in North Texas in November 2019.
“As soon as DOJ shut down one despicable site, another popped up to take its place,” said U.S. Attorney Erin Nealy Cox. “Like the owners of Backpage, this defendant made millions facilitating the online exploitation of women and children. The Justice Department will not rest until these sites are eliminated and their owners held accountable for their crimes.”
“This case is a harsh reminder of the ruthlessness of human traffickers and lengths to which they go, including victimizing women and children, to make a profit,” said Ryan L. Spradlin, Special Agent in Charge of Homeland Security Investigations’ Dallas Field Office. “HSI maintains its unwavering commitment to investigate these heinous crimes, rescue victims, and prosecute the offenders to the fullest extent of the law.”
“The Secret Service remains committed to investigating and pursuing those responsible for cyber-enabled financial crimes. Although the explosive expansion of the cyber domain has forced us to develop innovative ways of conducting these types of investigations, our proven model remains the same,” said Secret Service Special Agent in Charge of the Dallas Field Office William Smarr, adding, “This investigation is an excellent example of a partnership between local, state, and federal law enforcement agencies working together to successfully prosecute numerous violations of federal statutes. There are real innocent victims due to these crimes. The Secret Service also thanks the Northern District of Texas United States Attorney’s Office for their aggressive support.”
“I’m proud of our team who, with our federal partners, relentlessly pursued this investigation for more than a year. Today, we have made a significant impact on one of the world’s largest digital marketplaces for prostitution and sex trafficking. We know many lives will be saved through this joint effort,” said Michael C. Miller, Chief of Police for the Colleyville Police Department.
An indictment is merely an allegation of criminal conduct, not evidence. Like all defendants, Mr. Martono is presumed innocent unless and until proven guilty in a court of law.
If convicted, he faces up to 25 years in federal prison.
Mr. Martono was charged in part under FOSTA, a law passed in the wake of the Backpage scandal in April 2018 that allows the federal government to prosecute websites that facilitate sex trafficking.
The North Texas Trafficking Task Force conducted the investigation, led by Homeland Security Investigations’ Dallas Field Office, the United States Secret Service, and the Colleyville Police Department, with assistance from HSI’s El Paso and San Jose Field Offices as well as the Texas Department of Public Safety. Assistant United States Attorneys Sid Mody, Rebekah Ricketts, and John de la Garza are prosecuting the case.
U.S. Attorney Justin Herdman’s statement commemorating JuneteenthRead the Press Release
On this day in 1865, Major General Gordon Granger led his Union troops to Galveston, Texas, with this purpose – to formally and finally deliver news that the Civil War had ended and that all enslaved people were free. As part of this announcement, General Granger read General Order Number 3: “The people of Texas are informed that in accordance with a Proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of rights and rights of property between former masters and slaves, and the connection heretofore existing between them that becomes that between employer and hired laborer.” With those few legalistic words, the last bonds of slavery were slipped in the United States.
The date we now honor with Juneteenth came two months after the formal cessation of hostilities in the Civil War, and more than two and a half years after the Emancipation Proclamation was first issued. Yet it is important because it marks the historical date on which the original promise of freedom, as embodied in our American Revolution, was extended to those who had been excluded from birth – both their individual births and the birth of the United States.
Importantly, though, June 19, 1865, was not the end of guaranteeing the promise of freedom for all Americans. The Department of Justice was created almost exactly five years later, during the administration of President Ulysses S. Grant, to help guarantee the “absolute equality of rights” of all persons, as recognized in General Order Number 3. In fact, the Department’s first order of business was to prosecute members of the Ku Klux Klan who were engaged in a campaign of terror directed against newly-freed slaves across the South. I like to say that our DOJ was born fighting, and that fight has never ceased in the ensuing 150 years.
As men and women of the Justice Department, it is important for us to take a moment today to remind ourselves why we have chosen to work here. The Department of Justice is the only cabinet-level agency named for a moral virtue – Justice -- and that is what we seek, what we obtain, and what we are committed to preserving.
Juneteenth this year is different. We are all witnessing a righteous public outcry against not just unacceptable individual acts of police brutality, but longstanding societal unfairness that still, after 155 years, has not been fully redressed. As members of the Department of Justice who are proudly tasked with carrying forward a grand tradition of upholding the equal rights of all persons, we are in a unique – and I would say, fortunate – position at this time in American history. Although the absolute equality of rights for all has not yet been experienced in this country, this does not mean that it will not ever happen. If it is to happen, and I believe that it will, the Department of Justice will play an important role. For as long as we continue to have men and women who step forward to join this great institution, we are all guaranteed a Department of Justice that will pursue America’s long-sought, collective moral virtue.Juneteenth is a celebration. It is a day of freedom – that was long overdue – and we should all remember and acknowledge it as such.
-Justin E. Herdman, U.S. Attorney for the Northern District of Ohio
Two Plead Guilty in Illegal Alien Smuggling Operation; Three Illegal Aliens Sentenced for Unlawful Return After RemovalRead the Press Release
Gulfport, Miss. – Jose Ramon Hernandez-Reyes, 33, an illegal alien from Mexico, and Modesto Alvarado, 18, a United States citizen living in Houston, Texas, pled guilty before Senior U.S. District Judge Louis Guirola, Jr. in connection with illegal alien smuggling in Harrison County, announced U.S. Attorney Mike Hurst, Jere T. Miles, Special Agent in Charge of Homeland Security Investigations in New Orleans, and Michael J. Harrison, Acting Chief Patrol Agent of the Border Patrol’s New Orleans Sector.
Hernandez-Reyes pled guilty on June 4, 2020, to illegal transportation or moving of an alien. He will be sentenced by Judge Guirola on August 26, 2020 at 10:00 a.m. He faces a maximum penalty of 5 years in federal prison, a $250,000 fine, $5,100 in special assessments, and proceedings to remove him from the United States. Alvarado pled guilty on June 17, 2020, to misprision of a felony, and will be sentenced on September 15, 2020, at 10:00 a.m. He faces a maximum penalty of 3 years in federal prison and a $250,000 fine.
Additionally, three illegal aliens who had been passengers of Hernandez-Reyes and Alvarado pled guilty and were sentenced for unlawful return after removal. Elias Delgado-Ortiz, 19, a citizen of Mexico; Jose Ernaides Aldana-Hernandez, 42, a citizen of El Salvador; and Orbin Noel Gomez-Suarez, 24, a citizen of Honduras, all pled guilty and were sentenced earlier this month to time served (effectively 6 months). They were also sentenced to one year of supervised release, and face Department of Homeland Security proceedings to remove them back to their home nations.
On December 4, 2019, an agent of the South Mississippi Metro Enforcement Team, who also is a City of Gautier Police Officer, conducted a traffic stop on a white Dodge Caravan on Interstate 10 eastbound in Jackson County. After making the traffic stop, the agent found that the driver, Modesto Alvarado, was a U.S. citizen who spoke fluent English, but did not have a valid driver’s license. Including the driver, nine people were in the minivan, which was more than the vehicle was designed to carry or had seat belts to secure. The agent believed a smuggling event was taking place, and notified the U.S. Department of Homeland Security, Blue Lightening Operations Center, in Gulfport, and all occupants were transported to the Gautier Police Department for initial processing.
Homeland Security Investigations special agents and task force agents responded to Gautier to interview the occupants. None of the nine minivan occupants had proper identification documents and eight were found to be illegally present in the United States. After interviewing all occupants, it was determined that seven passengers were being smuggled from Houston, Texas, to different locations throughout the United States. One of the two drivers (who rented the minivan) was Hernandez-Reyes who was determined to be the brother-in-law of Modesto Alvarado. Three of their passengers, Delgado-Ortiz, Aldana-Hernandez, and Gomez-Suarez were determined to have been lawfully deported or removed from the United States, and to have unlawfully returned to the U.S. after their removal.
U.S. Attorney Hurst praised the cooperation exhibited by the Department of Homeland
Security, United States Border Patrol, Homeland Security Investigations, the South Mississippi Metro Enforcement Team, the Jackson County Sheriff’s Department, and the City of Gautier Police Department. Assistant United States Attorney Stan Harris is the prosecutor for the case.
Two Anchorage Women Charged with Illegal Possession of Firearms and Ammunition Following Crime SpreeRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that Zayha Marie Meehan, 39, and Sarah Hall-Wright, 30, both of Anchorage, have been charged with illegal possession of firearms and ammunition following a crime spree of shootings and robberies spanning several months.
According to the charging documents, on Sept. 21, 2019, inside their shared Anchorage residence, Meehan and Hall-Wright allegedly robbed two individuals at gunpoint. Specifically, it is alleged that Meehan and Hall-Wright met with the two individuals at Tesoro around 2:30 a.m., and invited them back to their residence. While at the residence, it is alleged that Hall-Wright became upset with one of the individuals for disrespecting Meehan. Both Meehan and Hall-Wright allegedly pulled out separate firearms and stuck them to the back of each individual’s head, demanding they empty their pockets. After robbing them, it is alleged that Meehan and Hall-Wright stood the two individuals up while still pointing firearms at their heads, walked them outside to their car, and told them to leave. Meehan and Hall-Wright were subsequently arrested and a search of their residence revealed several rounds of 9mm ammunition.
During another incident on April 1, 2020, APD officers responded to a report regarding a gunshot fired outside of Meehan’s residence. The responding officers received further information that Meehan was observed and photographed holding a pistol, while arguing with two other individuals outside. A search of Meehan’s residence revealed two handguns, one of which was stolen. Meehan was subsequently arrested on an outstanding warrant.
The charging documents allege four other incidents of misconduct involving weapons, and two other incidents of armed robbery that either Meehan or Hall-Wright were involved in, spanning from August 2019 to April 2020. Meehan has two prior felony convictions for crimes involving assault and attempted robbery, and Hall-Wright has two prior felony conviction for theft, which prohibited them from possessing firearms or ammunition under federal law.
If convicted, Meehan and Hall-Wright each face a maximum penalty of up to 10 years in federal prison. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The Anchorage Police Department (APD) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation leading to the charges in this case. This case is being prosecuted by Assistant U.S. Attorney Christopher D. Schroeder of the U.S. Attorney’s Office for the District of Alaska.
This case was made possible by investigative leads generated from ATF’s National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crime involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The charges in the criminal complaint are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Three Mexican Nationals Sentenced for Meth ConspiracyRead the Press Release
KANSAS CITY, Mo. – Three Mexican nationals have been sentenced in federal court this week for their roles in a conspiracy to distribute large quantities of methamphetamine.
Alfredo Soto-Contreras, also known as “Antonio,” 38, of Kansas City, Missouri, was sentenced today by U.S. Chief District Judge Beth Phillips to 10 years and 10 months in federal prison without parole. Omar Eliseo Barraza-Bueno, 32, of Arvin, California, was sentenced on June 18, 2020, to 18 years in federal prison without parole. Rey Moreno-Chepe, 26, of Kansas City, Missouri, was sentenced on June 17, 2020, to 11 years and eight months in federal prison without parole.
Soto-Contreras, Barraza-Bueno, and Moreno-Chepe each pleaded guilty to participating in a conspiracy to distribute methamphetamine from May to December 2018. Each of them also pleaded guilty to one count of conspiracy to use firearms in a drug-trafficking crime, and one count of using a firearm in a drug-trafficking crime. Barraza-Bueno and Moreno-Chepe also each pleaded guilty to aiding and abetting the possession of methamphetamine with the intent to distribute.
This investigation into a conspiracy to traffic large quantities of methamphetamine ended on Dec. 18, 2018, when four co-conspirators were arrested in possession of approximately 25 pounds of methamphetamine during an undercover operation. Conspirators sold (or attempted to sell) a total of approximately 13 kilograms of methamphetamine to an undercover agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Conspirators also sold eight firearms to the undercover agent, including several that had been reported as stolen.
Co-defendant Daniel Calderon-Vargas, 31, a Mexican national residing in Arvin, has pleaded guilty and awaits sentencing.
This case is being prosecuted by Assistant U.S. Attorney Jeffrey Q. McCarther. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Thorp Resident Sentenced on Methamphetamine ChargeRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Keith Strong, 50, Thorp, Wisconsin, was sentenced yesterday by U.S. District Judge William M. Conley to 72 months in prison for possessing methamphetamine with intent to distribute. Strong pleaded guilty to this charge on February 19, 2020.
On June 20, 2019, the Chippewa County Sheriff’s Office responded to a complaint about a suspicious individual who spent the night outside of a storage facility in Wheaton, Wisconsin. Upon arrival, deputies encountered Strong standing next to a car parked near an open storage unit. During initial questioning, Strong provided law enforcement with a false name. Later, however, he gave the deputy his true name and admitted there was an outstanding warrant for his arrest. Deputies searched Strong’s vehicle and storage unit. Inside the trunk of Strong’s car, deputies found 102 grams of methamphetamine. Strong’s cell phone also contained numerous text messages consistent with drug distribution.
The charge against Strong was the result of an investigation conducted by the Chippewa County Sheriff’s Office and the Drug Enforcement Administration. The prosecution of the case has been handled by Assistant U.S. Attorney Chadwick M. Elgersma.