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Wednesday 17 June 2020
U.S. Attorney Keefe Encourages North Floridians to Use New Online Portal to Report Civil Rights ViolationsRead the Press Release
TALLAHASSEE, FLORIDA – United States Attorney Lawrence Keefe today encouraged residents across
the Northern District of Florida to utilize a new Department of Justice online portal to report
potential violations of individuals’ civil rights. The nationwide Civil Rights Reporting Portal,
unveiled this week, will make it easier for the public to report civil rights violations by
eliminating confusion over how Americans should report violations.“Until now, there have been more than 30 different pathways for citizens to report suspected civil
rights violations, and this new tool will ease the burden on victims to identify the proper
reporting channel,” said U.S. Attorney Keefe, who oversees activities in the 23 counties of the
Northern District of Florida. “The Department of Justice is committed to upholding the civil rights
of every person, and making it easier for the public to report suspected violations will in turn
make it easier for us to pursue cases.”The Civil Rights Reporting Portal – located at civilrights.justice.gov – will dramatically ease the
burden on victims to identify the proper reporting channel for civil rights violations. The form is
fully accessible to people with disabilities. It is available in both English and Spanish, with
more languages to be added over the next year.Individuals who believe they may have been a victim of a civil rights violation can learn how to
report violations to the Department by visiting civilrights.justice.gov. When appropriate, the
Civil Rights Division staff will refer complainants to other agencies that are responsible for
handling specific types of complaints.The Department of Justice has an entire division dedicated to defending civil rights nd pursuing
violations, and Keefe’s office has attorneys working with the Civil Rights Division.Individuals who believe they are a victim of criminal violation of their civil rights, such as
misconduct by law enforcement officers, a hate crime, or human trafficking, should contact their
local FBI office.The United States Attorney's Office for the Northern District of Florida is one of 94 offices that
serve as the nation’s principal litigators under the direction of the Attorney General. To access
available public court documents online, please visit the U.S. District Court for the Northern
District of Florida website. For more information about the United States Attorne ’s Office for
the Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.U.S. Attorney Announces New Department of Justice Civil Rights Reporting PortalRead the Press Release
Portland, Maine: U.S. Attorney Halsey B. Frank today joined the Civil Rights Division of the Department of Justice in announcing a new Civil Rights Reporting Portal. This new online tool will make it easier for the public to report a civil rights violation.
“The department is committed to upholding the civil and constitutional rights of all people in the United States,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Reporting Portal will make it easier for the public to connect with us, which in turn makes us more effective at upholding these important rights. I encourage the public to use this portal to report civil rights violations.”
“Any Mainer who believes that their civil rights have been violated can report the violation using the new Civil Rights Reporting Portal,” said U.S. Attorney Frank. “The Portal will increase our awareness of such issues and improve our ability to vindicate violations of these fundamental rights.”
The Department, through the Civil Rights Division and the U.S. Attorney’s Office, enforces a number of federal laws that protect people from discrimination in a variety of settings based on their race, color, national origin, disability status, sex, sexual orientation, gender identity, religion, familial status and other characteristics.
The new Civil Rights Reporting Portal – located at www.civilrights.justice.gov – will consolidate over 30 unique reporting pathways. The portal will dramatically ease the burden on victims of civil rights violations to identify the proper reporting channel. The form is fully accessible to people with disabilities. It is also available in both English and Spanish, with more languages to be added over the next year.
If you believe that you or someone else has experienced unlawful discrimination, you can learn how to report a civil rights violation by visiting www.civilrights.justice.gov.
Federal law imposes criminal penalties for certain civil rights violations, including misconduct by law enforcement officers, hate crimes and human trafficking. If you believe that you are the victim of a criminal violation of your civil rights, please contact your local FBI office.
Two-Month Armed Bank Robbery Spree Results in Three Life SentencesRead the Press Release
OKLAHOMA CITY – DWAYNE EDWARD RASMUSSEN, 56, of Oklahoma City, has been sentenced to three life sentences for committing three bank robberies in Oklahoma City and Chickasha, announced U.S. Attorney Timothy J. Downing.
"We will continue to bring charges against perpetrators of violence who violate federal law," said U.S. Attorney Downing. "Through this case and others like it, the Department of Justice is deterring future violence, protecting those in our communities, and safeguarding the integrity of financial systems in the United States. We hope that today’s sentence serves as a reminder to folks to think twice before robbing a federally insured bank."
"Bank robbery is a serious violent crime which is aggressively investigated," said Melissa Godbold, Special Agent in Charge of the FBI's Oklahoma City Field Office. "The FBI and our law enforcement partners will continue to work closely together to defend our communities against those who commit violent crime."
On December 4, 2019, Rasmussen was charged by superseding indictment with four counts of bank robbery. According to evidence at trial, Rasmussen robbed three banks in the course of two months. Mark Drew Wilson, Rasmussen’s accomplice for the robberies, testified to driving the getaway vehicle and the preparation for each robbery. Evidence at trial also showed that Rasmussen wore gloves and disguised his appearance to avoid apprehension during the commission of the robberies. Bank surveillance video and identifications by bank employees also tied Rasmussen to each bank robbery. In the robberies, Rasmussen used the same terminology demanding "100s and 50s," and threatened, "That’s not enough. Give me all your money." During the trial, evidence showed it appeared Rasmussen used a firearm during the commission of the bank robberies.
On January 23, 2020, after a six-day jury trial, the jury found Rasmussen guilty of three counts of bank robbery. The jury acquitted him on one bank-robbery count.
Today, U.S. District Judge Robin J. Cauthron sentenced Rasmussen to life in prison on each of the three bank robbery counts. In announcing the sentence, Judge Cauthron noted the impact on victims of Rasumssen’s conduct. Judge Cauthron also ordered that those three sentences run concurrent to each other. Judge Cauthron also ordered Rasmussen to pay $37,784.00 in restitution, joint and several with the restitution imposed against Mark Drew Wilson, the getaway driver. On February 26, 2020, Wilson was sentenced to 30 months in prison for conspiracy to commit bank robbery.
This case is the result of an investigation by the FBI—Oklahoma City Field Office, the Oklahoma City Police Department, the Yukon Police Department, and the Chickasha Police Department. Assistant U.S. Attorneys Wilson D. McGarry and Mary E. Walters prosecuted the case.
Reference is made to court filings for further information. To download a photo of U.S. Attorney Downing, click here.
Two Mexican Nationals Plead Guilty to Timeshare Telemarketing ScamRead the Press Release
NEW ORLEANS –JESUS ADRIAN LEDESMA BERNAL, a/k/a JSS, age 31, and JULIO CESAR RIVERA ROJAS, a/k/a JCP, age 32, both residents and citizens of Mexico, pleaded guilty to one count of conspiracy to commit wire fraud before U.S. District Court Judge Jane Triche Milazzo of the Eastern District of Louisiana, announced U.S. Attorney Peter G. Strasser.
As detailed in the factual basis and superseding bill of information, the defendants, from at least January 1, 2016, to the present, conspired together and with others to commit wire fraud in connection with a telemarketing scheme that targeted and victimized persons in the United States, Canada and South America. As part of the elaborate scheme, the conspirators made unsolicited phone calls to owners of resort timeshare properties to induce them into paying fees associated with the bogus sale of their property. The defendants misrepresented the existence of a buyer for their timeshare and solicited money from the victims to facilitate the sale. They solicited the timeshare owners to enter into agreements to sell their timeshares and pay for alleged “closing costs” with electronic wire transfers from banking institutions within the United States to Mexican banks. There were no interested buyers, the closings did not occur, and the timeshares were not resold. Instead, the conspirators simply pocketed the advanced fees. Of the U.S. victims, 40 were age 60 and older and the total estimated loss is at least $10,000,000.
The defendants, who are all based in Mexico, operated under the business names Planet Travel and Newport International Investments, and at other times used the following business names: Advance Travel INC, All American Real Estate, American International Investment Group, Bear Claw Travel, Best Investment Services, Champion Properties, Closing Source LLC, Equity Closing Services Group, Global Offshore Services, NSC Holding, Peach Title, Sandia Title, Travel and Acquisitions, Travel Innovations, Travel Plus Acquisitions, Travel Right, and World Travelers, Inc. All of these domain websites have been seized by the Federal Bureau of Investigation and the Department of Justice.
ROJAS, who was an accountant with the criminal organization, admitted that he was aware of victim losses of at least $4 million USD, while BERNAL, as telemarketer, admitted to being responsible for victim losses of $127,000 USD. Sentencing will be on July 15, 2020 for BERNAL and on September 16, 2020 for ROJAS, at which time both defendants face a maximum sentence of five (5), a fine of up to $250,000. and three years of supervised release.
This case is the product of an extensive and ongoing investigation by special agents of Federal Bureau of Investigation. Assistant United States Attorneys Edward J. Rivera and Paige O’Hale are prosecuting the case.
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Two Ashtabula men indicted on illegal drug and firearms chargesRead the Press Release
Justin. E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that a federal grand jury in Cleveland has returned separate indictments against two men in the Ashtabula area on charges of illegal drug and firearm possession. These are separate cases and are not related.
William Campany, age 35, of Ashtabula was indicted on one count of felon in possession of a firearm. The indictment alleges that on October 29, 2019, Campany possessed a .40 caliber pistol. Campany is prohibited from possessing firearms due to a previous sexual battery conviction in 2010 in the Ashtabula County Court of Common Pleas. The investigation preceding the indictment was conducted by the ATF. The case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.
Joseph Kelsey, Sr., 45, of Ashtabula, was charged on a three-count indictment with felon in possession of firearms, possession with intent to distribute methamphetamine, and possessing firearms in furtherance of a drug trafficking crime. According to the indictment, on October 9, 2019, Kelsey possessed two semiautomatic pistols and intended to distribute at least 5 grams of methamphetamine. Kelsey is prohibited from possessing a firearm due to a previous conviction of illegal assembly or possession of chemicals for the manufacture of drugs in 2005 in the Ashtabula County Court of Common Pleas. The investigation preceding the indictment was conducted by the ATF and Crime Enforcement Agency of Ashtabula County. The case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.
An indictment is only a charge and is not evidence of guilt. Each defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
Trenton Man Arrested for Attempting to Ignite Police Vehicle During Trenton ProtestsRead the Press Release
TRENTON, N.J. – A Trenton man was charged today with attempting to ignite a marked police vehicle during the recent violent outburst in Trenton following the death of George Floyd in Minneapolis, Minnesota, U.S. Attorney Craig Carpenito announced.
Earlja J. Dudley, 27, of Trenton, was arrested by special agents of the FBI and is charged by complaint with one count of attempting to damage or destroy by fire a vehicle owned or possessed by an institution receiving federal financial assistance, and one count of attempting to damage or destroy by fire a vehicle used in and affecting interstate commerce. Dudley will make his initial appearance this afternoon by videoconference before U.S. Magistrate Judge Tonianne J. Bongiovanni.
According to documents filed in this case and statements made in court:
On May 31, 2020, large-scale protests were held throughout the United States, including in Trenton, in response to the death of George Floyd, who died on May 25, 2020, while in the custody of the Minneapolis Police Department. Floyd’s death, and the ensuing protests, have drawn national media attention. Although the May 31 protest in Trenton was peaceful earlier in the day, violence erupted later. A group of individuals proceeded down East State Street in downtown Trenton and began to riot, smashing store fronts, looting stores, and attacking multiple marked Trenton Police Department vehicles parked on the 100 Block of East State Street. Dudley is the second defendant to be charged with federal arson offenses from those protests.
A bystander video that was posted publicly to a social media platform captured an individual, later identified as Dudley, wearing a tank top and baseball cap with the Roman numerals “XIV” in red lettering, along with distinctive green, black, and white sneakers. The video recorded Dudley and another individual standing in front of a marked Trenton Police Department vehicle and opening its hood. The video then recorded another individual joining Dudley and lighting an object that Dudley was holding over the exposed engine well of the police vehicle. Dudley placed the burning object into the engine well of the vehicle and moved away from it. Shortly thereafter, flames are visible on the video rising from the engine well of the vehicle. Law enforcement obtained photographs of Dudley posted on social media wearing, on other occasions, a tank top and baseball cap with Roman numerals “XIV” in red lettering, and distinctive green, black, and white sneakers, all of which matched the articles of clothing that Dudley was wearing in the video.
Both counts charged in the criminal complaint carry a statutory mandatory minimum term of imprisonment of five years, a maximum potential penalty of 20 years in prison, and a maximum fine of $250,000.
U.S. Attorney Carpenito credited special agents of the FBI and task force officers of the Joint Terrorism Task Force in Newark, under the direction of Acting Special Agent in Charge Douglas Korneski, with the investigation leading to today’s arrest. He also thanked officers of the Trenton Police Department, under the direction of Police Director Sheilah Coley; and troopers of the New Jersey State Police, under the direction of Col. Patrick J. Callahan, and the New Jersey Office of Homeland Security and Preparedness, under the direction of Jared M. Maples, for their assistance.
The government is represented by Assistant U.S. Attorneys Alexander E. Ramey and Michelle Gasparian of the U.S. Attorney’s Office’s Criminal Division in Trenton.
The charges and allegations contained in the complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.
Texas Man Pleads Guilty to Obstruction of JusticeRead the Press Release
ALBANY, NEW YORK - Tyler C. King, age 31, of Dallas, Texas, pled guilty today to obstruction of justice for a scheme to falsify evidence during his federal criminal trial.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea today, King admitted to obstructing justice by falsifying evidence for use in his November 2019 trial in Albany. The 5-day trial ended on November 8 with King being convicted of conspiracy to commit computer fraud, computer fraud, and aggravated identity theft in connection with his hacking of a New York-based technology company. In court today, King admitted that he provided doctored evidence to his attorney that was then used during the trial, in an attempt to influence the trial’s outcome in his favor.
King faces a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years when he is sentenced by Chief United States District Judge Glenn T. Suddaby on October 6, 2020. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
King will be sentenced on August 11, 2020 in connection with his trial convictions. He faces at least 2 years in prison for those convictions.
This case was investigated by the FBI, and is being prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Joshua R. Rosenthal.
Team Telecom Recommends that the FCC Deny Pacific Light Cable Network System’s Hong Kong Undersea Cable Connection to the United StatesRead the Press Release
Team Telecom today recommended to the Federal Communications Commission (FCC), based on national security concerns, that the FCC partially deny the Pacific Light Cable Network (PLCN) subsea cable system application, to the extent it seeks a direct connection between the United States and Hong Kong.
Team Telecom, which is formally known as the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (or the Committee), further recommended that the FCC grant the portions of PLCN’s application seeking to connect the United States, Taiwan, and the Philippines, which do not have any People’s Republic of China (PRC) based ownership and are separately owned and controlled by subsidiaries of Google LLC and Facebook, Inc., on the condition that the companies’ subsidiaries enter into mitigation agreements for those respective connections. On April 8, 2020, the FCC granted Google’s request for Special Temporary Authority (STA) to commercially operate the segment of PLCN connecting the United States and Taiwan for six months, based on obligations set forth in a Provisional National Security Agreement between Google and the U.S. Departments of Justice, Homeland Security, and Defense.
As submitted to the FCC, the PLCN application would have allowed for the highest capacity subsea cable connection between the United States and Asia and been the first direct connection between the United States and Hong Kong. This raised national security concerns, because a significant investor in the PLCN is Pacific Light Data Co. Ltd., a Hong Kong company and subsidiary of Dr. Peng Telecom & Media Group Co. Ltd. (Dr. Peng Group), the fourth largest provider of telecommunications services in the PRC.
The Committee’s recommendation was based on:
- The current national security environment, including the PRC government’s sustained efforts to acquire the sensitive personal data of millions of U.S. persons, the PRC government’s access to other countries’ data through both digital infrastructure investments and recent PRC intelligence and cybersecurity laws, and changes in the market that have transformed subsea cable infrastructure into increasingly data-rich environments that are vulnerable to exploitation;
- Concerns about PLCN’s PRC-based owners, Dr. Peng Group and Pacific Light Data, including Dr. Peng Group’s relationship with PRC intelligence and security services and its obligations under PRC intelligence and cybersecurity laws, questions about Dr. Peng Group’s compliance with U.S. laws and regulations stemming from separate acquisitions involving U.S. telecommunications assets, and Pacific Light Data’s connections to PRC state-owned carrier China Unicom; and
- Concerns that PLCN would advance the PRC government’s goal that Hong Kong be the dominant hub in the Asia Pacific region for global information and communications technology and services infrastructure, which would increase the share of U.S. internet, data, and telecommunications traffic to the Asia Pacific region traversing PRC territory and PRC-owned or -controlled infrastructure before reaching its ultimate destinations in other parts of Asia.
Subsea fiber optic cable systems form the backbone of global communications and carry most of the world’s internet, voice, and data traffic between continents. In recent years, subsea cable systems have become increasingly critical, connecting global data centers and expanding interconnections.
PLCN’s high capacity and low latency would encourage U.S. communications traffic crossing the Pacific to detour through Hong Kong before reaching intended destinations in other parts of the Asia Pacific region. The Committee’s recommendation specified that it was not in U.S. national security or law enforcement interests to approve subsea cables landing in PRC territory when the PRC government has previously demonstrated the intent to acquire U.S. persons’ data. The recommendation also explained that PLCN’s proposed Hong Kong landing station would expose U.S. communications traffic to collection by the PRC. Such concerns have been heightened by the PRC government’s recent actions to remove Hong Kong’s autonomy and allow for the possibility that PRC intelligence and security services will operate openly in Hong Kong.
The Committee also noted that PLCN’s proposed Hong Kong connection was only one of several pending applications seeking direct connections between the United States and Hong Kong, which would raise similar concerns.
The Committee was established pursuant to Executive Order 13913 and is led by the Department of Justice’s National Security Division, Foreign Investment Review Section. The Department of Homeland Security and the Department of Defense are fellow members of the Committee. More information concerning the Committee’s recommendation is available on the FCC’s International Bureau Filing System (IBFS), under Docket Number SCL-LIC-20170421-00012. The Department of Commerce’s National Telecommunications and Information Administration filed the recommendation on behalf of the Committee.
Tallahassee Man Sentenced for Possession of A Firearm by A Convicted FelonRead the Press Release
TALLAHASSEE, FLORIDA – Lawrence Keefe, United States Attorney for the Northern District of Florida
announced the sentencing of Willie Powell, 31, of Tallahassee, Florida. Powell has been sentenced
to serve 15 years in federal prison after being convicted at a jury trial of possession of a
firearm by a convicted felon. Powell qualified for sentencing under the Armed Career Criminal Act
because of multiple prior convictions for drug distribution charges, including prior federal
convictions from 2012.Powell was initially stopped by the Tallahassee Police Department for traffic infractions and
officers learned that Powell did not have a valid license. Following a positive canine alert,
indicating the presence of drugs in the car, officers discovered PIHP (a substituted cathinone,
sometimes referred to as “bath salts”), drug paraphernalia including baggies, sifters, and a scale,
a stolen laptop, and a stolen firearm with an extended magazine.“Working together, the Tallahassee Police Department and federal agencies have removed a dangerous
criminal from the streets of the community,” said U.S. Attorney Keefe. “Our agencies are committed
to using our resources in partnership with local law enforcement to assist them however we can to
enhance public safety.”Assistant United States Attorneys James A. McCain prosecuted the case, which was jointly
investigated by the Tallahassee Police Department and the Bureau of Alcohol, Tobacco, Firearms and
Explosives, with laboratory assistance from the Florida Department of Law Enforcement.“Our law enforcement partnerships play such a vital role in fighting violent crime and protecting
the public,” said ATF Special Agent in Charge, Daryl McCrary. “This sentencing is another example
that working jointly with our partners is making our communities safer.”United States Attorney's Office for the Northern District of Florida is one of 94 offices that
serve as the nation’s principal litigators under the direction of the Attorney General. To access
public court documents online, please visit the U.S. District Court for the Northern District of
Florida website. For more information about the United States At orney’s Office, Northern District of
Florida, visit http://www.justice.gov/usao/fln/index.html.Staples Man Charged in Minneapolis Police Third Precinct ArsonRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal criminal complaint against BRYCE MICHAEL WILLIAMS, 26, charging him with conspiracy to commit arson at the Minneapolis Police Department’s Third Precinct. WILLIAMS, who was arrested on June, 16, 2020, made his initial appearance earlier today before Magistrate Judge David T. Schultz in U.S. District Court in Minneapolis.
According to the allegations in the complaint, on the night of May 28, 2020, the Minneapolis Police Department’s Third Precinct was overrun and heavily damaged due to vandalism and arson. Investigators with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) identified multiple separate fires had been started in the building. Investigators were able to identify WILLIAMS in surveillance video footage from the Third Precinct. WILLIAMS, wearing a mask, a baseball cap, and a hooded sweatshirt, can be seen in the video standing near the entrance of the Third Precinct holding a Molotov cocktail while other individuals attempt to light the wick.
According to the allegations in the complaint, ATF investigators also reviewed videos that were posted on WILLIAMS’s TikTok account on May 28 and 29, 2020. In one of the videos, WILLIAMS can be seen standing in front of the burning Third Precinct building wearing clothing consistent with the clothing WILLIAMS was wearing in the Third Precinct surveillance video. In another video, WILLIAMS’s face is clearly visible and he appears to be in close proximity to the Third Precinct building.
The ATF and FBI urge the public to report suspected arson, use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information specifically related to the Third Precinct fire or other business fires in the Twin Cities can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected] or submit information anonymously via ReportIt.com. In addition to fires, the FBI is looking for people who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALLFBI (800-225-5324) or visit tips.fbi.gov.
This case is the result of an investigation conducted jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the FBI, the Minneapolis Police Department, the Staples Police Department, the Todd County Sheriff’s Office, the Minnesota State Patrol, the Central Minnesota Violent Offender Task Force, and the Minnesota State Fire Marshal Division.
This case is being prosecuted by Assistant U.S. Attorneys Harry M. Jacobs and David P. Steinkamp.
The charges contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defendant Information:
BRYCE MICHAEL WILLIAMS, 26
Staples, Minn.
Charges:
- Conspiracy to commit arson, 1 count
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St. Mary's County Man Pleads Guilty to Stealing over $409,000 in Government BenefitsRead the Press Release
Greenbelt, Maryland – Victor Demattia, age 64, of Mechanicsville, Maryland, pleaded guilty yesterday to theft of government property, for stealing more than $400,000 in Civil Service Retirement benefits and Social Security benefits.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Michael McGill of the Social Security Administration - Office of Inspector General; and Deputy Assistant Inspector General for Investigations Thomas W. South of the Office of Personnel Management – Office of Inspector General.
According to Demattia’s plea agreement, from February 2009 through June 2018, Demattia stole monthly Civil Service Retirement System (CSRS) pension payments and Social Security Retirement Insurance Benefit (RIB) payments intended for his mother after her death, resulting in a loss to the United States Government of $409,421.
Specifically, at the time of his mother’s death, she was receiving CSRS pension payments from OPM and RIB payments from SSA by direct deposit to a joint account held by Demattia and his mother. When his mother died, Demattia did not notify SSA or OPM of her death, and as a result, SSA and OPM continued to make monthly deposits into the joint bank account. Demattia admitted that he withdrew the CSRS and RIB funds each month, typically by checks he endorsed, payable to himself or to his now-defunct medical transport business, Patriot Medical Transport.
On March 5, 2019, during an interview conducted by agents of the SSA Office of Inspector General and OPM Office of Inspector General, Demattia admitted that he spent his mother’s RIB and CSRS payments after her death. He stated that he knew he was not entitled to the money, but spent the fund to cover expenses for his failing business such as payroll, fuel, receivables, and other operating expenses, as well as on personal expenses through debit card purchases after the closure of his business.
In total, Demattia stole $369,018 from OPM and $40,403 from SSA after his mother’s death. As part of his plea agreement, Demattia will be required to forfeit and to pay a money judgment in the amount of $409,421.
Demattia faces a maximum sentence of 10 years in prison for theft of government property. Actual sentences for federal crimes are typically less than the maximum penalties. As part of his plea agreement, the government has agreed to recommend a sentence of no more than 18 months in federal prison. U.S. District Judge Peter J. Messitte has scheduled sentencing for September 24, 2020 at 9:30 a.m.
United States Attorney Robert K. Hur praised the SSA Office of Inspector General and OPM Office of Inspector General for their work in the investigation. Mr. Hur thanked Special Assistant U.S. Attorney Michael Davio, who is prosecuting the case.
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Springfield Man Indicted on Child Pornography OffensesRead the Press Release
BOSTON – A Springfield man was indicted today by a federal grand jury on child pornography offenses.
Ross Lopata, 32, was indicted today on four counts of receipt of child pornography and one count of possession of child pornography. Lopata was previously charged by criminal complaint on June 12, 2020.
The indictment alleges that between 2018 and June 11, 2020, Lopata received and possessed child pornography.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Unit is prosecuting the case.
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 the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Solicitor General Noel Francisco Announces Departure from Department of JusticeRead the Press Release
Solicitor General of the United States Noel Francisco announces his departure from the Department of Justice, effective as of July 3, 2020.
“Solicitor General Noel Francisco has represented the United States superbly before the Supreme Court for the past three Terms,” said Attorney General William P. Barr. “Arguing before the Court 17 times on behalf of the federal government, he has been a principled and persuasive advocate on issues ranging from the separation of powers to religious liberty to vigorous enforcement of federal immigration law. His skilled advocacy has been instrumental to historic victories on behalf of the President’s national security authority, the free speech rights of public employees, and property owners’ access to federal courts, among many other significant accomplishments. Away from the courtroom, he has been a steady and respected leader for the Office of the Solicitor General, a wise counselor to me and others in the Executive Branch, and a good friend. I am grateful for his tireless service to his country and the Department of Justice, and I wish him well in his future endeavors.”
“It has been the honor of my professional career to serve as the Solicitor General of the United States,” said Solicitor General Noel Francisco. “Representing the United States before the Supreme Court is one of the greatest jobs in the law and an opportunity for which I am deeply grateful. I am proud of the significant success the Office of Solicitor General has had in advancing the rule of law of in our great nation alongside the dedicated men and women at the Department of Justice — some of the finest lawyers I have known.”
Since his appointment in 2017, Noel Francisco has served over three Supreme Court Terms as Solicitor General and has represented the United States before the nation’s highest court in more than 150 merit cases.
Under Solicitor General Francisco’s leadership, the United States consistently and successfully advocated in support of our nation’s core Constitutional principles including religious liberty, separation of powers, first amendment freedoms and enforcement of immigration laws. Over the course of his impressive tenure as Solicitor General, Francisco argued before the Supreme Court 17 times. Significant victories include:
- Trump v. Hawaii: upholding the President’s restrictions on travel from countries that present national-security risks.
- Janus v. AFSCME: holding that the First Amendment prohibits requiring public employees who decline to join a union to pay union dues (overruling a 1977 decision, Abood v. Detroit Bd. of Education).
- Kisor v. Wilkie: significantly limiting judicial deference to agency interpretations of their own regulations while retaining such deference in core applications.
- Knick v. Township of Scott: allowing property owners to bring claims for government takings in federal court without first suing in state court (overruling a 1985 decision, Williamson County Regional Planning Comm’n v. Hamilton Bank).
- Masterpiece Cakeshop v. Colorado Civil Rights Comm’n: concluding that Colorado violated the Free Exercise Clause in enforcing its antidiscrimination law against a baker who declined on religious grounds to create a custom cake for a same-sex wedding.
In overseeing federal litigation, Solicitor General Francisco made strategic use of emergency motions to defend important federal programs against improper nationwide injunctions. To that end, the government obtained relief from the Supreme Court on major immigration initiatives, including the travel proclamation, restrictions on asylum abuses, allocation of funds to build a border wall, and revisions to the definition of a public charge. As a result of these successes, some lower courts have begun to curb the erroneous use of nationwide injunctions.
The Office of the Solicitor General and entire Department of Justice thank Solicitor General Francisco’s service and leadership.
Seymour Theater to Make Changes to Comply with Americans with Disabilities ActRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that the U.S. Attorney’s Office has reached a settlement agreement with 165 Main Street, Inc., doing business as the Strand Theater in Seymour, to resolve allegations that the theater facility is not in compliance with the Americans with Disabilities Act of 1990 (“ADA”).
The settlement agreement resolves an ADA complaint filed by an individual with disabilities alleging that the Strand Theater’s facility is not fully accessible for individuals with physical disabilities. The theater is in the process of making the changes required by the settlement agreement, which include remediating the designated accessible entrance, adding accessible signage, remediating the accessible toilet room, ensuring accessible wheelchair seating, and acquiring assistive listening devices for use by theater patrons.
Under federal law, private entities that own or operate places of “public accommodation,” including theaters, are prohibited from discriminating on the basis of disability. The ADA authorizes the U.S. Department of Justice to investigate complaints and undertake periodic reviews of compliance of covered entities. The Justice Department is also authorized to commence a civil lawsuit in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties.
U.S. Attorney Durham noted the cooperation of the owners of the Strand Theater for their cooperation with the U.S. Attorney’s Office and their commitment to addressing the issues raised by the ADA investigation without litigation.
This matter was handled by Assistant U.S. Attorney Jessica H. Soufer of the District of Connecticut in coordination with the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.
Any member of the public who wishes to file a complaint alleging that any place of public accommodation or public entity in Connecticut is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at 203-821-3700. Additional information about the ADA can be found at www.ada.gov, or by calling the Justice Department’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TTY).
Earlier this week, the Justice Department announced the launch of the Civil Rights Reporting Portal. This new online tool will make it easier for the public to report a civil rights violation. The new Civil Rights Reporting Portal – located at www.civilrights.justice.gov – will consolidate over 30 unique reporting pathways. The portal will dramatically ease the burden on victims of civil rights violations to identify the proper reporting channel. The form is fully accessible to people with disabilities. It is also available in both English and Spanish, with more languages to be added over the next year.
Individuals who believe that they may have been victims of civil rights violations should contact the department by visiting www.civilrights.justice.gov. Those who believe they are a victim of criminal violation of their civil rights, such as misconduct by law enforcement officers, a hate crime, or human trafficking, should contact their local FBI office.
Readout from Attorney General William P. Barr’s Meeting with the Presidential Commission on Law Enforcement and the Administration of JusticeRead the Press Release
On June 16, 2020, Attorney General William P. Barr met with the Presidential Commission on Law Enforcement and the Administration of Justice to discuss the current status of their progress regarding their final report due October 2020. The Attorney General and the commissioners also discussed the way the commission could address key tenets of the President’s recent Executive Order on Safe Policing for Safe Communities, promulgated yesterday.
The Attorney General tasked the commission with forging ahead with their existing work, and asked them to look at three areas of the President’s Executive Order in tandem. Attorney General Barr said three points in the Executive Order must be prioritized: Certification, Databases, and Social Problems.
Work on certification would explore ways to incorporate a standardized certification process across law enforcement, acknowledging that the certification requirements will have to be flexible, given disparities in size and resources between urban, rural, and tribal agencies. Developing a database would allow agencies to report use of excessive force into a uniform system accessible by all law enforcement agencies. Rethinking the law enforcement response to social problems would delve into the intersection of homelessness, mental health, and substance abuse and identify ways to fund social service providers who could reduce the burden of social service calls on law enforcement.
While the commission’s work to date has been focused on other issues in law enforcement outside the scope of yesterday’s executive order, the commissioners will meld the thinking of their existing work by the points addressed in the Executive Order on Safe Policing.
The commission will continue to hold hearings as it stays on course to produce a final report for the Attorney General and the President in October 2020. Upcoming topics will include the use of force, culture, and community engagement. Meanwhile, Commissioners are available to provide the Attorney General, at his request, with feedback on implementation of the Executive Order on Safe Policing.
Rapid City Man Sentenced to 25 Years in Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man who pled guilty to Conspiracy to Distribute Methamphetamine was sentenced on June 15, 2020, by U.S. District Court Judge Jeffrey L. Viken.
Christopher Yellow Eagle, age 40, was sentenced to 300 months in federal prison. Yellow Eagle was indicted by a federal grand jury on August 22, 2017. He pled guilty to Conspiracy to Distribute 500 grams or more of Methamphetamine on December 18, 2019.
The conviction stemmed from a conspiracy beginning around the summer of 2014. Yellow Eagle obtained methamphetamine from multiple sources that he then distributed in Rapid City, Kyle, and Wanblee, South Dakota. In total, Yellow Eagle distributed between 1.5 to 5 kilograms of methamphetamine. Yellow Eagle frequently possessed firearms during his drug dealing activities. On August 24, 2017, Yellow Eagle was arrested after fleeing from law enforcement. Because he has prior felony convictions for drug distribution offenses, Yellow Eagle was deemed a “career offender.”
“This defendant was a major methamphetamine dealer both in Rapid City and the Pine Ridge Reservation for years,” said U.S. Attorney Parsons. “The Badlands Task Force is a model of true inter-governmental, law enforcement teamwork and all of its officers should be congratulated on this historic arrest, conviction, and sentence.”
This case was investigated by the Badlands Safe Trails Drug Enforcement Task Force, led by the Federal Bureau of Investigation. The Badlands Task Force has agency members from the Oglala Sioux Tribe Department of Public Safety, Bureau of Indian Affairs Division of Drug Enforcement, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Yellow Eagle was immediately returned to the custody of the U.S. Marshals Service.
RI Businessman Charged with Running Elaborate Scheme to Defraud AmazonRead the Press Release
PROVIDENCE – The former owner of an East Providence automobile transport company who is awaiting sentencing in federal court for fraudulently obtaining more than $400,000 from various financial institutions and using the stolen personal identifying information of another person to continue to illegally operate his auto hauling business after being ordered to shut down for safety violations, was arrested and charged today with allegedly executing an elaborate scheme to defraud Amazon.
It is alleged in court documents that Michael Chaves, 40, former owner of CAT Inc., executed a scheme to defraud Amazon through fraudulent transactions and theft of inventory through falsely represented returns. It is alleged that Chaves ordered thousands of products from Amazon and replaced the original products with lesser value replacements, often items different than the ones he originally ordered, before returning the packages to Amazon for refunds.
According to court documents, since March 2017, Chaves has held approximately 30 Amazon customer accounts under various names and email addresses. Over this time period, Chaves’ accounts placed approximately 10,795 orders totaling approximately $713,970.78, most of which have been refunded based on Chaves’ return of the items purchased. Chaves received a total of approximately $643,324.04 in concessions or refunds on approximately 7,450 orders, including nearly approximately 7,200 items that were physically returned to Amazon. Many of the returned items were sent back in the original packaging in an attempt to deceive Amazon’s incoming inspection process. Amazon’s standard inspection process flagged approximately 149 of the returned items as potentially fraudulent, valued at $23,872.89.
According to court documents, while investigating Chaves’ fraudulent activities associated with his now defunct automobile transport company, Internal Revenue Service Criminal Investigation Division and U.S. Department of Transportation Office of Inspector General agents executed a court-authorized search of Chaves’ home and business. At the business location, agents observed many opened and unopened Amazon packages and packaging materials. The room containing these items appeared to be a packing area for Amazon returns. The room contained a wide-ranging variety of items such as televisions, incense, European wall plugs (some for phone chargers), computer parts, small electronics, and a significant quantity of auto parts. At a later date, a United Parcel Service (UPS) driver told investigators that he would stop at Chaves’ business location every day delivering Amazon packages and picking up returns, often times dropping off an Amazon package one day and picking up the same package the next day as a return back to Amazon.
According to court documents, currently Chaves has six active Amazon accounts. The majority of Chaves’ purchases and returns consist of auto and commercial motor vehicle parts. Chaves also purchased and returned many other non-vehicle related items, including, but not limited to; electronics including cellular telephones and televisions, household items including chandeliers, closet organizers, lawn sheds, lawn mowers and vacuum cleaners. Most of these items were returned in an unsellable condition.
According to court documents, Chaves’ schemes would, at times, include replacing an original product purchased with a substitute product which, at first glance, appeared similar to the original purchase. Other returns were placed in boxes to represent the approximate weight of the original product. Among the examples cited in court documents of purchases and fraudulent returns include Chaves having ordered a commercial truck tire and sending back two pieces of wood; Chaves having ordered Apple Air Pod Pros and returning an unopened package of mini light bulbs; Chaves ordering a vehicle suspension joint and returning an oil filter wrench; and Chaves ordering a stabilizer bar link kit and returned in its place doggie treats.
Chaves was arrested today by U.S. Department of Transportation Office of Inspector General and Internal Revenue Service’s Criminal Investigations Division agents, with the assistance of East Providence Police, on a federal criminal complaint charging him with wire fraud and mail fraud, announced United States Attorney Aaron L. Weisman, Special Agent in Charge of the Region II U.S. Department of Transportation Office of Inspector General Douglas Shoemaker, Special Agent in Charge of Internal Revenue Service Criminal Investigation Kristina O'Connell, and East Providence Police Chief William Nebus.
Chaves appeared today before U.S. District Court Magistrate Patricia A. Sullivan and was ordered detained in federal custody pending a possible preliminary hearing.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Chaves is currently on pretrial supervision while awaiting sentencing, having pleaded guilty in August 2019 to falsification of US DOT records, aggravated identity theft, five-counts of bank fraud, two-counts of wire fraud, and tax evasion. The charges were brought in connection with the investigation into Chaves having falsified US DOT safety records at his trucking company, using the personal identification of another person to continue to run the transport company after it was ordered closed, fraudulently securing $400,000 in financing, and having taken numerous steps to evade paying personal income taxes to the IRS.
The cases are being prosecuted by Assistant U.S. Attorney Dulce Donovan.
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Previously convicted felon faces federal firearm charge for shooting rifle out apartment window near Albuquerque High SchoolRead the Press Release
ALBUQUERQUE, N.M. – Roy Thundercloud, 37, of Albuquerque, New Mexico, appeared in federal court in Albuquerque, New Mexico on June 15 for an initial appearance on a criminal complaint charging him with felon in possession of a firearm and ammunition.
According to the complaint, Thundercloud allegedly committed the offense on May 31. Thundercloud allegedly fired several shots out the window of his apartment near Albuquerque High School with an AK-47 rifle. Thundercloud also allegedly confronted four people in the parking lot of his apartment complex and tried to intimidate them by firing a shot into the air. Thundercloud eventually surrendered after police responded to the scene and attempted to secure the area and detain him.
Thundercloud also allegedly posted a video on Instagram showing him shooting a rifle out a bedroom window. Thundercloud also allegedly possessed ammunition for the rifle including shell casings for discharged rounds. The rifle was manufactured in Serbia. Thundercloud could not lawfully possess the rifle or ammunition based on previous felony convictions for possession with intent to distribute marijuana, burglary, child abuse and aggravated driving while intoxicated.
Thundercloud is currently in custody pending a detention hearing on June 17. If convicted, he faces up to 10 years in prison for the charged offense. A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty.
The Bureau of Alcohol, Tobacco, Firearms, Explosives Task Force and Albuquerque Police Department investigated this case. Assistant U.S. Attorney Sarah Mease is prosecuting the case.
Plaquemine Man Sentenced to 12 Months in Federal Prison for Stealing over $450,000 in a Fraudulent Social Security Benefits SchemeRead the Press Release
United States Attorney Brandon J. Fremin announced that U.S. District Judge John W. deGravelles sentenced Donald Daigle, age 63, of Plaquemine, Louisiana, to twelve months and one day in federal prison following his conviction for fraudulently obtaining disability payments from the Social Security Administration. The Court further sentenced Daigle to two years of supervised release following his term of imprisonment
According to admissions made as part of his guilty plea in November 2019, Daigle falsely claimed he was disabled and unable to work as a result of a 1998 automobile accident. He also admitted that from June 2002 through October 2018, on numerous occasions he concealed and failed to disclose to the Social Security Administration that he built, opened and ran daily operations as a small business owner, Duck’s Quick Stop and Pizza, in Plaquemine, Louisiana until it closed in 2009. Thereafter, Daigle failed to disclose that he performed work as a commercial truck driver and as a forklift operator employed at a chemical plant. He further admitted that, as a result of his fraudulent scheme, he knowingly and illegally collected $457,460 in payments to which he was neither entitled nor eligible. As part of his sentence, Daigle has been ordered make full restitution to the Social Security Administration
U.S. Attorney Fremin stated, “I commend the efforts of our prosecutor and our partners at the Social Security Administration’s Office of the Inspector General for bringing this defendant to justice. Social programs are designed for those in our society who legitimately need help. Today’s sentence should serve as a warning that my office will vigorously pursue those who game the system.”
This investigation was conducted by the Dallas Field Division of the Social Security Administration’s Office of Inspector General and was prosecuted by Assistant United States Attorney Lyman E. Thornton III.
Owners of Groveland Companies Sentenced for Defrauding Government Contracting ProgramsRead the Press Release
BOSTON – Three men were sentenced today in federal court in Boston for conspiracy to defraud the United States and mail fraud in connection with a scheme to obtain government contracts.
Frank Apicella, 63, of Groveland, Mass.; Michael Sforza, 59, of Alpharetta, Ga.; and James Apicella, 37, of Kingston, N.H., were sentenced by U.S. District Court Senior Judge Douglas P. Woodlock to two years of probation, two years of supervised release and ordered to pay forfeiture of $300,000 each. In addition, Frank Apicella and Michael Sforza were also ordered to each pay a $300,000 fine. The defendants pleaded guilty in February 2020 to one count of conspiracy to defraud the United States and one count of mail fraud.
Beginning in 2011 the defendants used Tactical Office Solutions (TOS), a company run by James Apicella, as a front to bid on government contract work that was set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) and Historically Underutilized Business Zone (HUBZone) companies. Although the contracts were bid on and awarded to TOS through SDVOSB and HUBZone set-aside programs, TOS never performed the work. Rather, the work was actually mostly performed by a company called FENS, which was owned and operated by Frank Apicella and Michael Sforza, and which was not eligible to compete for contracts through the set-aside programs.
United States Attorney Andrew E. Lelling; Christopher F. Algieri, Special Agent in Charge of the Department of Veterans Affairs Office of Inspector General, Criminal Investigations Division, Northeast Field Office; Luis Hernandez, Special Agent in Charge of the General Services Administration Office of Inspector General, New England Regional Office; and Michael Conner, Resident Agent in Charge of the U.S. Army, Major Procurement Fraud Unit, Criminal Investigation Command, made the announcement. The U.S. Treasury Inspector General for Tax Administration provided assistance with the investigation. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities, Financial & Cyber Fraud Unit and Annapurna Balakrishna of Lelling’s Civil Division prosecuted the case.
Omaha Man Sentenced for Conspiring to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Chief United States District Judge John M. Gerrard sentenced James Vanscoyk today to a term of imprisonment of 90 months. Vanscoyk will serve a 5-year term of supervised release following his release from the Bureau of Prisons. There is no parole in the federal prison system.
Vanscoyk, 42, was convicted of Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine. In February 2019, law enforcement was tipped off that Vanscoyk was distributing methamphetamine in the Omaha metropolitan area. On February 19, 2019, investigators conducted a controlled purchase of one pound of methamphetamine from Vanscoyk. In order to complete the transaction, Vanscoyk and a cooperating source traveled from Vanscoyk’s residence in Omaha to Council Bluffs, Iowa, to meet with Vanscoyk’s supplier, Jason Paul Rodriguez, a/k/a “Chico”. Vanscoyk then brokered the deal for the pound of methamphetamine between Rodriguez and the cooperating source.
Rodriguez, the leader of the conspiracy, was prosecuted in the U.S. District Court for the Southern District of Iowa. On March 12, 2020, Rodriguez was sentenced to a term of imprisonment of 360 months.
The case was primarily investigated by the Drug Enforcement Administration and the Omaha Police Department.
Ohio County man sentenced to 10 years for firearm chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Marius Brown, of Wheeling, West Virginia, was sentenced today to 120 months incarceration for a firearm charge, U.S. Attorney Bill Powell announced.
Brown, age 40, was found guilty of one count of “Unlawful Possession of a Firearm” after a bench trial in February 2020. Brown, having previously been convicted of a felony, possessed a .40 pistol in Ohio County in October 2017.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
U.S. District Judge John Preston Bailey presided.
Ocala Man Pleads Guilty to Illegal Possession of A Destructive DeviceRead the Press Release
Ocala, Florida – Tommy Lee Holt (26, Ocala) today pleaded guilty to possession of an unregistered destructive device in the form of an incendiary bomb. Holt faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
Holt was indicted on February 26, 2020.
According to the plea agreement, on November 5, 2019, Holt manufactured eight incendiary bombs (Molotov cocktails) using glass bottles filled with gasoline. After illegally manufacturing the devices, Holt brought them to a branch of the State of Florida’s Department of Children and Families in Marion County. Once there, he lit the wicks on the destructive devices and unsuccessfully attempted to throw one at the building. When apprehended by police, Holt had a lighter clenched in his right hand and his clothing wreaked of gasoline.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Marion County Sheriff’s Office, and the Ocala Police Department. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety—one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Nine Pharmacists Charged for Role in $12.1 Million Health Care Fraud SchemeRead the Press Release
Nine pharmacists were charged in three separate indictments unsealed last week for their alleged participation in a $12.1 million health care fraud scheme executed in Detroit and southern Ohio.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Matthew Schneider of the Eastern District of Michigan, Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) Chicago Region and Special Agent in Charge Steven M. D’Antuono of the FBI’s Detroit Field Office made the announcement.
Auday Maki, 66, of Northville, Michigan, was charged with three counts of health care fraud. Hassan Abdallah, 49, of Sterling Heights, Michigan; Raef Hamaed, 50, of Scottsdale, Arizona; Tarek Fakhuri, 47, of Windsor, Canada; Kindy Ghussin, 45, of Greene County, Ohio; Balhar Singh, 57, of Butler County, Ohio; and Ali Abdelrazzaq, 44, of Sterling Heights, Michigan were each charged with one count of conspiracy to commit health care fraud and wire fraud. In addition, Abdallah and Abdelrazzaq were each charged with three counts of health care fraud and Fakhuri with two counts of health care fraud. Finally, Hassan Khreizat, 40, of Dearborn Heights, Michigan; and Nofal Cholag, 41, of Macomb, Michigan were each charged with one count of conspiracy to commit health care fraud and wire fraud and four counts of health care fraud.
The three indictments were filed in the Eastern District of Michigan. Maki, Hamaed, Ghussin, Singh, Abdelrazzaq, Cholag, and Khreizat appeared Tuesday before U.S. Magistrate Judge Anthony P. Patti in the Eastern District of Michigan. Abdallah appeared today in the Eastern District of Michigan before Judge Patti.
The nine defendants are licensed pharmacists and/or owners of pharmacies in Michigan and Ohio: Eastside Pharmacy Inc. (Eastside), Harper Drugs Inc. (Harper Drugs), Wayne Campus Pharmacy LLC (Wayne Campus), Universal Pharmacy LLC (Universal) and City Drugs Pharmacy Inc. (City Drugs), each located in the Detroit metro area, and Heartland Pharmacy LLC (Heartland) and Heartland Pharmacy 2 LLC (Heartland 2), which are located in Ohio.
The indictments allege that, using the pharmacies, the defendants billed Medicare, Medicaid, and Blue Cross Blue Shield (BCBS) for prescription medications that were neither purchased nor dispensed. The indictments further allege that the defendants billed Medicare and Medicaid for medications that were often medically unnecessary and for some medications that were purportedly dispensed to deceased beneficiaries after their dates of death.
The indictments allege that the defendants received over $12.1 million due to fraudulent claims they submitted to Medicare, Medicaid, and BCBS. In particular, the indictments allege that, from 2010 to 2019, Medicare and Medicaid paid Abdallah, Hamaed, Fakhuri, Ghussin, Singh, and Abdelrazzaq, through Eastside, Harper Drugs, Heartland, Heartland 2, and Wayne Campus, approximately $6.9 million for drugs that the pharmacies did not have sufficient inventory to dispense.
From January 2013 to January 2016, Medicare, Medicaid, and BCBS allegedly paid Cholag and Khreizat, through Universal, approximately $1.5 million for drugs that the pharmacy did not have sufficient inventory to dispense. From January 2011 to February 2018, Medicare and Medicaid allegedly paid Maki, through City Drugs, approximately $3.7 million for drugs that the pharmacy did not have sufficient inventory to dispense. The indictments further allege that the defendants received significant funds from their participation in these schemes.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI and HHS-OIG investigated this case with assistance from the Michigan HHS-OIG. Trial Attorney Howard Locker of the Criminal Division’s Fraud Section investigated the case, and Trial Attorney Claire Sobczak is prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
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.
Newark Parking Authority Employee Admits to Narcotics Distribution and Being a Felon in Possession of FirearmsRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man today admitted being a felon in possession of two firearms, and to distributing heroin and cocaine base (crack), U.S. Attorney Craig Carpenito announced.
Aughkay L. Green, a/k/a “K-Boogie,” 49, of Newark, pleaded guilty by videoconference before U.S. District Judge Katharine S. Hayden to a three-count indictment charging him with possession of heroin and cocaine base (crack) with intent to distribute and with being a felon in possession of numerous firearms and ammunition.
According to documents filed in this case and statements made in court:
On Jan. 12, 2017, Green sold 25 bricks – later determined to be 38 grams – of heroin to “Individual 1,” for $1,200. On March 22, 2017, Green sold Individual 1 48.9 grams of crack cocaine for $2,250. Green was under law enforcement surveillance and observed to be dressed in his Newark Parking Authority uniform.
On April 1, 2017, Green, accompanied by an unidentified male associate, met Individual 1 in Irvington, New Jersey, where Green’s associate provided Individual 1 with: (1) a Smith and Wesson Model 21 .44 caliber handgun; (2) a Smith and Wesson Model 15 .38 handgun, and (3) 50 rounds of hollow-point .44 caliber ammunition marked “44 REM MAG FC.” Green’s associate received $1,360 from Individual 1, and subsequently provided Green with proceeds from the sale and discussed using these proceeds for the purchase of narcotics.
The count of possession of cocaine with intent to distribute carries a statutory minimum penalty of five years in prison and a maximum potential penalty of 40 years in prison. The count of possession of cocaine with intent to distribute carries a statutory maximum penalty of 20 years in prison. The count of possession of firearms by a previously convicted felon carries a maximum penalty of 10 years in prison and a $250,000 fine. Sentencing is scheduled for Oct. 20, 2020.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Acting Special Agent in Charge Douglas Korneski in Newark; the New Jersey State Police, under the direction of Col. Patrick J. Callahan; the New Jersey Office of Homeland Security and Preparedness, under the direction of Director Jared M. Maples; the U.S. Department of Homeland Security, Homeland Security Investigations, under the direction on Special Agent in Charge Jason Molina; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction on Special Agent in Charge Charlie J. Patterson, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Dean C. Sovolos of the U.S. Attorney’s Office National Security Unit.
Minnesota Man Sentenced for Methamphetamine TraffickingRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Shane C. Evans, 44, Shafer, Minnesota, was sentenced today by Chief U.S. District Judge James D. Peterson to 66 months in federal prison for possessing 50 grams or more of methamphetamine with the intent to distribute it in northern Wisconsin.
Evans was arrested in May 2019 after a traffic stop in Rice Lake, Wisconsin. Police found more than 107 grams of methamphetamine and a scale used to weigh controlled substances inside the truck in which Evans was riding. Photographs and text messages in Evans’ cellular phone further connected him to trafficking the methamphetamine in Minnesota and Wisconsin.
In sentencing Evans, Judge Peterson considered Evans’s past criminal history, including the fact that he was under state supervision at the time he was dealing the methamphetamine in Wisconsin.
The charge against Evans was the result of an investigation conducted by the Rice Lake Police Department. The prosecution of the case has been handled by Assistant U.S. Attorney Robert Anderson.
Mexican National Sentenced to Nearly 5 Years for Drug TraffickingRead the Press Release
A Mexican national has been sentenced to nearly five years in federal prison for trafficking nearly a quarter of a million dollars’ worth of cocaine, announced U.S. Attorney Erin Nealy Cox.
On June 12, 2020, Roberto Rodriguez-Salinas, 39, of Nuevo Laredo, Tamaulipas, Mexico was sentenced by U.S. District Judge Jane J. Boyle to two 57 month sentences that will run concurrently for conspiracy to launder monetary instruments and conspiracy to distribute cocaine.
According to court documents, on March 28, 2018, Mr. Rodriguez-Salinas transferred a black bag containing United States currency to another person that knew his money was drug proceeds. Mr. Rodriguez-Salinas admitted that he intended the money to be transferred from the United States to individuals in Mexico.
Court documents further reflect that on March 30, 2018, Mr. Rodriguez-Salinas was stopped by the Dallas County Sheriff’s Department for a traffic violation. During the traffic stop, deputies found Mr. Rodriguez-Salinas in possession of approximately eight kilograms of cocaine, a firearm, and $115,931. Mr. Rodriguez-Salinas admitted that the money seized by authorizes was derived from the sale and distribution of the cocaine.
According to agents from the Drug Enforcement Administration, the cocaine found in Mr. Rodriguez-Salinas vehicle had a street value ranging from $192,000 to $208,000 in the Dallas, Texas area.
Fourteen individuals have been indicted in this case. Two defendants are fugitives and one defendant is pending trial. Co-defendant, Marcus Morones, was previously sentenced to a term of 41 months confinement in federal prison.
This case was investigated by the Drug Enforcement Administration and the Dallas Police Department. Assistance in this case was also provided by the Dallas County Sheriff’s Department. Assistant U.S. Attorneys George Leal and Rachel Jones are prosecuting the case.
The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Mexican Man Sentenced to Prison for Document FraudRead the Press Release
A man who used a false identification document and someone else’s social security number was sentenced today to more than three months in federal prison.
Antonio De La Cruz, age 55, a citizen of Mexico illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a guilty plea today to one count of unlawful use of an identification document.
During the guilty plea portion of the hearing, De La Cruz admitted he used someone else’s Social Security number and a fraudulent permanent resident card, also known as a “green card,” when he completed employment and tax forms in December 2016 at a business in Cedar Rapids, Iowa. On the employment application, De La Cruz falsely claimed to be a lawful permanent resident of the United States. The Alien Registration number on the “green card” was issued to another person. On March 6, 2020, immigration agents arrested De La Cruz at his place of employment in Cedar Rapids.
De La Cruz was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. De La Cruz was sentenced to 104 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
De La Cruz is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-22.
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Mexican Citizen Sentenced for Illegally Reentering USRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Marco Roblero-Velasquez, 35, a citizen of Mexico who was living in Abbotsford, Wisconsin, was sentenced today by U.S. District Judge William M. Conley to six months incarceration for illegally reentering the United States. Roblero-Velasquez pleaded guilty to this charge on February 14, 2020.
Roblero-Velasquez was arrested in Lincoln County, Wisconsin on December 8, 2019 for third offense operating under the influence, operating a motor vehicle while revoked, and possession of THC. Prior to this most recent offense, Roblero-Velasquez had been returned to the country of Mexico on five prior occasions.
The charge against Roblero-Velasquez was the result of an investigation conducted by U.S. Immigration and Customs Enforcement. The prosecution of the case has been handled by U.S. Attorney Scott C. Blader.
Massachusetts Man Sentenced to 36 Months in Prison Following Drug ConvictionRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on June 16, 2020, Chief United States District Judge Geoffrey W. Crawford sentenced Ricardo Quinones, 26, of Holyoke, Massachusetts, to 36 months in prison following his guilty plea to knowingly and intentionally using a cellular phone to commit the drug felonies of possession with intent to distribute heroin and attempted distribution of heroin.
According to court records, in 2018 and 2019, Quinones sold bulk quantities of heroin/fentanyl to Vermont buyers. The buyers would travel from Vermont to Holyoke, Massachusetts to meet with Quinones and purchase the opioids. During two transactions in July 2018, Quinones sold a cooperator a total of 1,800 bags of heroin/fentanyl for $5,400. Then, in June 2019, Quinones arranged to sell a different cooperator 2,000 bags of suspected heroin for $6,000. Quinones was arrested when he arrived at the arranged meeting location for that transaction, and he has been in federal custody since that time.
United States Attorney Christina E. Nolan commended the Federal Bureau of Investigation, the Vermont Drug Task Force, and the Drug Enforcement Administration for their collaboration on this investigation. She stated: “As this case demonstrates, we are relentless in our efforts to stem the flow of deadly narcotics into Vermont from source cities like Holyoke. Our law enforcement partners at all levels are united in pursuit of this goal. There will be serious consequences in the form of jail time for dealers who profit from the suffering of addicted Vermonters and the struggles of their families and communities.”
The United States was represented in this matter by Assistant U.S. Attorney Nicole Cate. Quinones was represented by Michael L. Desautels, Federal Public Defender.
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.
Man from Albuquerque sentenced to seven years in federal prison for firearm offensesRead the Press Release
ALBUQUERQUE, N.M. – Mikko Sekiya, 38, of Albuquerque, New Mexico was sentenced in federal court in Albuquerque on June 15 to seven years in prison for theft of a firearm from a licensed firearms dealer, possession of a stolen firearm and being a felon in possession of a firearm.
A jury convicted Sekiya of these charges on Nov. 7, 2019. According to the evidence at trial and other public court records, Sekiya stole a handgun from a firearms dealer in Albuquerque on Jan. 2, 2018. He asked a salesperson to look at the gun and then ran from the store without paying. Sekiya possessed the stolen firearm on Jan. 11, 2019 when police stopped him for driving a pickup truck previously reported stolen from a dealership in Albuquerque. Sekiya was prohibited from possessing firearms based on previous convictions for shooting at a dwelling or occupied building.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Albuquerque Police Department investigated this case. Special Assistant U.S Attorney Timothy D. Trembley prosecuted the case.
Man Sentenced to Prison for Autotrader Fraud SchemeRead the Press Release
ALEXANDRIA, Va. – A Richmond man was sentenced today to seven years in prison for his role in orchestrating an Autotrader fraud scheme that caused over $575,000 in losses to the victims.
According to court documents, John Baron Royal, 51, advertised high-end, luxury vehicles for sale on Autotrader.com, including Range Rovers, Mustangs, BMWs, and Mercedes-Benz SUVs. Royal used aliases to advertise the vehicles for sale and to extract payment for the vehicles from his victims. Ultimately, Royal failed to provide the victims with the vehicles. Unwitting victims agreed to purchase the vehicles from Royal who promised that he would have the vehicles shipped to the victims’ desired locations. To conceal his role in the fraud, Royal used a number of aliases, supplied his accomplices with burner phones, and used technology to disguise his voice. When the victims complained about not receiving the vehicles, Royal and others at Royal’s direction, sent a series of lulling communications to the victims to convince them that delivery of their respective vehicles was imminent. Royal also directed one of his co-conspirators to impersonate other individuals to communicate with the victims about delivery of a 2015 Range Rover.
In addition to these fraudulent misrepresentations, Royal sent pictures to the victims of fake and fraudulent documentation leading the victims to believe that Royal owned the vehicles for sale when, in fact, Royal did not own the vehicles. To further conceal his role in the fraud, Royal directed a number of other individuals to open bank accounts in the name of shell entities to receive the victims’ funds. Royal’s fraud was detected after he and an associate falsely reported a vehicle stolen to the Leesburg Police Department. After fraudulently reporting the vehicle stolen, Royal and his associates immediately left their residence in Leesburg and moved to Atlanta, Georgia. Intended losses to the victims were more than $575,000.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Matthew S. Miller, Special Agent in Charge of the U.S. Secret Service’s Washington Field Office; Kelly R. Jackson, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI), James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office; and Gregory C. Brown, Leesburg Chief of Police, made the announcement after sentencing by U.S. District Judge Rossie D. Alston, Jr. Assistant U.S. Attorney Jamar K. Walker prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-252.
Lompoc Man Charged with Involuntary Manslaughter in Connection with Fatal Car Accident Near Vandenberg Air Force BaseRead the Press Release
LOS ANGELES – A Santa Barbara County man was charged today with involuntary manslaughter for allegedly crashing a stolen Jeep near Vandenberg Air Force Base while under the influence of drugs, killing one motorist and severely injuring another.
Michael James Culligan, 29, of Lompoc, was arrested on June 16 and is scheduled to make his initial appearance this afternoon in United States District Court. He is charged in a federal criminal complaint filed today with one felony count of involuntary manslaughter within federal jurisdiction.
According to an affidavit filed with the complaint, on June 16, law enforcement responded to a report of a traffic collision on Santa Lucia Canyon Road, near Vandenberg Air Force Base. There, law enforcement found two cars – a 2016 Lexus whose driver was dead and whose passenger was badly injured, and an unoccupied 2013 Jeep, the affidavit states.
From the Jeep, law enforcement allegedly recovered empty alcoholic beverage containers and Culligan’s California identification card. Law enforcement also determined that the Jeep had been reported stolen and that the Jeep’s license plates belonged to a different car.
An eyewitness at the crash scene said the driver of the Jeep appeared to have lost control, drove into the oncoming lane of traffic, then crashed head-on into the Lexus, the affidavit states. The Jeep’s driver then fled the scene of the accident, the eyewitness said.
Approximately three hours later, Culligan was apprehended about 1.5 miles from the scene of the collision at a nearby train station. Culligan allegedly admitted to using drugs before operating the Jeep, crashing the Jeep into another car, and fleeing the scene.
A complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
If convicted of this charge, Culligan would face a statutory maximum sentence of eight years in federal prison.
This matter was investigated by the United States Air Force Office of Special Investigations with the California Highway Patrol and Santa Barbara County Sheriff’s Office providing substantial assistance.
This case is being prosecuted by Assistant United States Attorney Joseph D. Axelrad of the Violent and Organized Crime Section.
Las Vegas Dentist Indicted on Income and Employment Tax ChargesRead the Press Release
A federal grand jury in Las Vegas, Nevada, returned an indictment today charging a Las Vegas dentist with failing to pay over payroll taxes, file a tax return, and pay income taxes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Nicholas A. Trutanich for the District of Nevada.
According to the indictment, Timothy Wilson owned and operated Starsmiles Children’s Dentistry LLC (Starsmiles), located in North Las Vegas, Nevada. From 2013 through 2014, Wilson withheld payroll taxes from his employees, but allegedly did not pay more than $85,000 in withheld taxes over to the Internal Revenue Service (IRS). Wilson also allegedly did not file a tax return for 2014 and did not pay more than $100,000 in taxes that he owed for 2013 through 2018.
If convicted, Wilson faces a maximum sentence of five years in prison for each count of failure to pay over payroll taxes and one year in prison for each count of failure to file a tax returns or pay taxes. Wilson 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 Trutanich commended special agents of IRS-Criminal Investigation, who investigated this case, and Trial Attorneys Valerie Preiss and J. Patrick Burns of the Tax Division and Assistant U.S. Attorney Peter Levitt, who are prosecuting this case.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
Las Vegas Dentist Indicted on Income and Employment Tax ChargesRead the Press Release
LAS VEGAS, Nev. – A federal grand jury in Las Vegas, Nevada, returned an indictment today charging a Las Vegas dentist with failing to pay over payroll taxes, file a tax return, and pay income taxes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, U.S. Attorney Nicholas A. Trutanich for the District of Nevada, and Special Agent in Charge Tara Sullivan for the IRS-Criminal Investigation.
According to the indictment, Timothy Wilson owned and operated Starsmiles Children’s Dentistry, LLC (Starsmiles), located in North Las Vegas, Nevada. From 2013 through 2014, Wilson withheld payroll taxes from his employees, but allegedly did not pay more than $85,000 in withheld taxes over to the Internal Revenue Service (IRS). Wilson also allegedly did not file a tax return for 2014 and did not pay more than $100,000 in taxes that he owed for 2013 through 2018.
If convicted, Wilson faces a maximum sentence of five years in prison for each count of failure to pay over payroll taxes and one year in prison for each count of failure to file a tax returns or pay taxes. Wilson 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, U.S. Attorney Trutanich, and SAC Sullivan commended special agents of IRS-Criminal Investigation, who investigated this case, and Trial Attorneys Valerie Preiss and J. Patrick Burns of the Tax Division, and Assistant U.S. Attorney Peter Levitt, who are prosecuting this case.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
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Kentucky Truck Driver, Prior Sex Offender Sentenced to 20 Years for Child PornographyRead the Press Release
SPRINGFIELD, Mo. – A Kentucky truck driver and prior sex offender was sentenced in federal court today for transporting child pornography.
Gregory Marshall, 59, of Paducah, Kentucky, was sentenced by U.S. District Judge M. Douglas Harpool to 20 years in federal prison without parole. The court also sentenced Marshall to spend the rest of his life on supervised release following incarceration, and ordered Marshall to pay $63,000 in restitution to his victims.
On Oct. 8, 2019, Marshall pleaded guilty to transporting child pornography.
According to court documents, a Missouri State Highway Patrol trooper stopped the tractor trailer Marshall was driving on U.S. Highway 60 in Wright County, Missouri, on June 17, 2018. The trooper discovered that Marshall was a non-compliant sex offender. Marshall has three prior convictions for sexually abusing children, including sexually abusing a 4-year-old child, a 6-year-old child, and a 14-year-old child. While searching the sleeper berth of the tractor, the trooper discovered a laptop computer and an external hard drive that contained child pornography. A total of approximately 25,158 image and video files depicting child pornography were recovered.
Marshall admitted that he downloaded pornographic images of adults and children onto his laptop computer and his external hard drive. He confessed that he was in possession of images of children possibly as young as four years old and acknowledged that some of those images depict children engaged in sexual acts with adults.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Missouri State Highway Patrol and Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Justice Department Issues Recommendations for Section 230 ReformRead the Press Release
The Department of Justice released today a set of reform proposals to update the outdated immunity for online platforms under Section 230 of the Communications Decency Act of 1996. Responding to bipartisan concerns about the scope of 230 immunity, the department identified a set of concrete reform proposals to provide stronger incentives for online platforms to address illicit material on their services while continuing to foster innovation and free speech. The department’s findings are available here.
“When it comes to issues of public safety, the government is the one who must act on behalf of society at large. Law enforcement cannot delegate our obligations to protect the safety of the American people purely to the judgment of profit-seeking private firms. We must shape the incentives for companies to create a safer environment, which is what Section 230 was originally intended to do,” said Attorney General William P. Barr. “Taken together, these reforms will ensure that Section 230 immunity incentivizes online platforms to be responsible actors. These reforms are targeted at platforms to make certain they are appropriately addressing illegal and exploitive content while continuing to preserve a vibrant, open, and competitive internet. These twin objectives of giving online platforms the freedom to grow and innovate while encouraging them to moderate content responsibly were the core objectives of Section 230 at the outset. The Department’s proposal aims to realize these objectives more fully and clearly in order for Section 230 to better serve the interests of the American people.”
The department's review of Section 230 over the last ten months arose in the context of its broader review of market-leading online platforms and their practices, which were announced in July 2019. The department held a large public workshop and expert roundtable in February 2020, as well as dozens of listening sessions with industry, thought leaders, and policy makers, to gain a better understanding of the uses and problems surrounding Section 230.
Section 230 was originally enacted to protect developing technology by providing that online platforms were not liable for the third-party content on their services or for their removal of such content in certain circumstances. This immunity was meant to nurture emerging internet businesses and to overrule a judicial precedent that rendered online platforms liable for all third-party content on their services if they restricted some harmful content.
However, the combination of 25 years of drastic technological changes and an expansive statutory interpretation left online platforms unaccountable for a variety of harms flowing from content on their platforms and with virtually unfettered discretion to censor third-party content with little transparency or accountability. Following the completion of its review, the Department of Justice determined that Section 230 is ripe for reform and identified and developed four categories of wide-ranging recommendations.
Incentivizing Online Platforms to Address Illicit Content
The first category of recommendations is aimed at incentivizing platforms to address the growing amount of illicit content online, while preserving the core of Section 230’s immunity for defamation claims. These reforms include a carve-out for bad actors who purposefully facilitate or solicit content that violates federal criminal law or are willfully blind to criminal content on their own services. Additionally, the department recommends a case-specific carve out where a platform has actual knowledge that content violated federal criminal law and does not act on it within a reasonable time, or where a platform was provided with a court judgment that the content is unlawful, and does not take appropriate action.
Promoting Open Discourse and Greater Transparency
A second category of proposed reforms is intended to clarify the text and revive the original purpose of the statute in order to promote free and open discourse online and encourage greater transparency between platforms and users. One of these recommended reforms is to provide a statutory definition of “good faith” to clarify its original purpose. The new statutory definition would limit immunity for content moderation decisions to those done in accordance with plain and particular terms of service and consistent with public representations. These measures would encourage platforms to be more transparent and accountable to their users.
Clarifying Federal Government Enforcement Capabilities
The third category of recommendations would increase the ability of the government to protect citizens from unlawful conduct, by making it clear that Section 230 does not apply to civil enforcement actions brought by the federal government.
Promoting Competition
A fourth category of reform is to make clear that federal antitrust claims are not, and were never intended to be, covered by Section 230 immunity. Over time, the avenues for engaging in both online commerce and speech have concentrated in the hands of a few key players. It makes little sense to enable large online platforms (particularly dominant ones) to invoke Section 230 immunity in antitrust cases, where liability is based on harm to competition, not on third-party speech.
For more information about the department's recommendations, please visit https://www.justice.gov/ag/department-justice-s-review-section-230-communications-decency-act-1996.
Jamestown Man Pleads Guilty After Being Caught with Meth and Gun in A CarRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. U.S. Attorney James P. Kennedy, Jr. announced today that Jacob Graham, 19, of Jamestown, NY, pleaded guilty before U.S. District Judge Richard J. Arcara possessing with intent to distribute five grams or more of actual methamphetamine, and possessing a firearm in furtherance of drug trafficking. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $5,000,000.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that on May 07, 2019, Jamestown Police officers observed two males fighting with another male in the area of Crescent and Cheney Streets. The suspects quickly got into a silver vehicle and sped away from the scene. Detectives followed the suspect vehicle in an unmarked police car, but also requested the assistance of a marked patrol unit. The marked patrol unit initiated a traffic stop at the driveway of a residence on Lincoln Street in Jamestown.
A detective approached the passenger side of the vehicle and opened the front passenger door. Inside, the detective observed two baggies of what appeared to be methamphetamine. The front seat passenger, identified as defendant Graham, exited the vehicle and was placed under arrest. Another officer approached the driver's side door of the vehicle and had the driver exit the vehicle. The driver was also placed under arrest. A back seat passenger was detained but later released.
During a subsequent search of the vehicle, investigators recovered a book bag which contained a loaded 12 gauge shotgun. The book bag also contained a digital scale with white powder residue on it and 16 rounds of 12 gauge shotgun ammunition. A records check determined that the firearm was stolen from a Federal Firearms Licensee in Hamilton, Ohio in March 2017.
The defendant made an initial appearance before U.S. District Judge H. Kenneth Schroder, Jr. and is being held.
The plea is the result of an investigation by the Jamestown Police Department, under the direction of Chief Harry Snellings; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for October 28, 2020, before Judge Arcara.
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Jackson County Man Pleads Guilty to Dealing in Firearms Without a LicenseRead the Press Release
Gulfport, Miss. – Waso Nam Flanagan, 53, a resident of Jackson County, pled guilty yesterday before U.S. District Judge Sul Ozerden, to willfully engaging in the business of dealing in firearms without a license, announced U.S. Attorney Mike Hurst, and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Flanagan will be sentenced by Judge Ozerden on September 24, 2020, at 9:30 a.m. and faces a maximum penalty of 5 years in prison and a $250,000 fine.
On September 27, 2019, a Jackson County Sheriff’s Office Investigator received information that Flanagan was at a Biloxi address in Jackson County, near the border of Jackson and Harrison Counties. The investigator had knowledge of an outstanding felony warrant for Flanagan’s arrest for possession of stolen firearms, and that Flanagan was on bond for an aggravated assault charge at the time. When investigators found and arrested Flanagan, they also found baggies of marijuana and methamphetamine.
The ATF determined that Flanagan, who was a regular user of narcotics, had been selling firearms and drugs. Flanagan used multiple pawn shops in Jackson and Harrison counties to pawn or sell firearms he bought “off of the street,” and the ATF learned that two of the firearms he purchased on the street, and then sold, had been stolen.
ATF examined firearms pawned by Flanagan to local area pawn shops. When Flanagan pawned firearms, he did not go back to redeem the pawns and was effectively selling the firearms. ATF also obtained transaction documents and, determined that the firearms had traveled in interstate commerce, and were in good condition. The ATF also researched official records and confirmed that Flanagan had never had a license to deal in firearms.
U.S. Attorney Hurst praised the cooperation of the ATF and the Jackson County Sheriff’s Office. Assistant United States Attorney Stan Harris is the prosecutor for the case.
Inmate Serving State Sentence for Murder Charged with Running Sprawling Drug Conspiracy from PrisonRead the Press Release
OKLAHOMA CITY – An inmate serving a thirty-five year state prison sentence for second-degree murder has been charged with running a large-scale drug trafficking operation from his prison cell, announced U.S. Attorney Timothy J. Downing.
On June 4, 2020, a federal grand jury indicted Richard Leroy, a/k/a "Solo," 33, of eight counts of possessing methamphetamine with intent to distribute and one count of a drug conspiracy. Leroy, who was incarcerated at the Davis Correctional Facility in Holdenville, Oklahoma, is alleged to have controlled his drug conspiracy through the use of contraband cell phones. Leroy was arraigned on these charges today in federal court in Oklahoma City.
Specifically, the indictment alleges that over a two-year period, Leroy used contraband cell phones to coordinate both the acquisition and distribution of large amounts of methamphetamine and heroin. He accomplished this by recruiting and using non-incarcerated co-conspirators to serve as his de facto presence on the streets. The indictment lays out eight separate instances during the period of the conspiracy in which Leroy is alleged to have possessed—through his third-party couriers—significant amounts of either methamphetamine or heroin. All told, the indictment alleges that Leroy was running a drug conspiracy capable of moving hundreds of pounds of controlled substances each year—all without ever leaving his prison cell.
If convicted, Leroy faces a maximum penalty of life in federal prison on each count, along with life of supervised release, and a fine of up to $10,000,000.
This case is the result of a joint investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, Homeland Security Investigations, the Oklahoma City Police Department, the District 21 Task Force, the Oklahoma Bureau of Narcotics, and the Oklahoma Department of Corrections. Assistant U.S. Attorney David McCrary is prosecuting the case.
This case is part of the work of the Organized Crime Drug Enforcement Task Forces, the Department of Justice’s signature initiatives to address and reduce drug-related criminal activity.
The public is reminded that charges are merely allegations, and Leroy is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to court filings for further information. To download a photo of U.S. Attorney Downing, click here.
Hudson Man Sentenced to 42 Months for Accessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Brian Northup, age 29, of Hudson, New York, was sentenced today to 42 months in prison for repeatedly accessing a child pornography web site available only through an anonymous Internet network.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
United States District Judge Mae A. D’Agostino also ordered that Northup serve 10 years of post-release supervision, which will start after Northup is released from prison. As a result of his conviction, Northup will be required to register as a sex offender upon his release from prison.
As part of his guilty plea on December 11, 2019, Northup admitted that in 2015, he accessed “Playpen,” an online forum through which registered users advertised, viewed, and distributed child pornography. Images and videos shared through the site were highly categorized according to victim age and gender, and type of sexual activity depicted.
Before the FBI seized the Playpen web site and shut it down, it was available only through an anonymous Internet network, which allowed users to access websites including Playpen without revealing their actual internet protocol address, geographic location, or other identifying information. Northup admitted that he logged into Playpen in order to download child pornography content.
This case was investigated by the FBI with assistance from the Columbia County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims.
For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/
Hot Springs Man Sentenced to over 6 Years in Federal Prison for Drug TraffickingRead the Press Release
Hot Springs, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced today that Dylan Lee Hooks, age 24, of Hot Springs, Arkansas, was sentenced June 15, 2020 to a total of 77 months in federal prison followed by three years of supervised release on one count of Distribution of a Controlled Substance that Contained Methamphetamine. The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearing in the United States District Court in Hot Springs.
In the fall of 2019, Detectives with the 18th Judicial Drug Task Force launched an investigation into Hooks for drug trafficking in the Western District of Arkansas. In September of 2019, detectives conducted multiple controlled purchases of methamphetamine from Hooks.
Hooks was indicted by a federal grand jury in November of 2019, and entered a guilty plea in February of 2020.
This case was investigated by Homeland Security Investigations Fayetteville and the 18th Judicial Drug Task Force. Assistant United States Attorney Bryan Achorn prosecuted the case for the Western District of Arkansas.
Holiday Island Man Sentenced to 10 Years in Federal Prison for Drug TraffickingRead the Press Release
Fort Smith, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced that Jeremy Michael Pumphrey, age 41, of Holiday Island, Arkansas, was sentenced today to 120 months in federal prison followed by five years of supervised release on one count of Possession with Intent to Distribute Methamphetamine. The Honorable Judge P. K. Holmes III presided over the sentencing hearing today in the United States District Court in Fort Smith.
On May 1, 2019, law enforcement officers with the Carroll County Sheriff’s Office and the Eureka Springs Police Department arrived at a residence in Holiday Island Arkansas to locate and arrest Pumphrey for an outstanding felony warrant. As officers approached the residence, Pumphrey was observed running out the back door and carrying a backpack. Officers located and arrested Pumphrey for the warrant. A search of the backpack resulted in officers locating four plastic bags of suspected methamphetamine and drug paraphernalia.
The suspected methamphetamine was submitted to the Houston lab for testing and tested positive with a total weight of 31.82 grams.
Pumphrey was indicted by a federal grand jury in January 2020 and entered a guilty plea in February 2020.
This case was investigated by the Carroll County Sheriff’s Office and the Eureka Springs Police Department. Assistant United States Attorney Claude Hawkins prosecuted the case for the Western District of Arkansas.
Hartford Man Pleads Guilty to Gun ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that DURE DANCY, 25, of Hartford, pleaded guilty today before U.S. Magistrate Judge Donna F. Martinez to possession of a firearm by a felon.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding occurred via videoconference.According to court documents and statements made in court, on April 16, 2019, Hartford Police arrested Dancy after they found him in possession of a loaded Sig Sauer .45 caliber pistol that contained seven live .45 caliber rounds of ammunition. The gun had been reported stolen in North Carolina.
In 2017, Dancy was convicted in state court of carrying a pistol without a permit. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm that has moved in interstate or foreign commerce.
Dancy is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on October 28, 2020, at which time he faces a maximum term of imprisonment of 10 years.
Dancy has been detained since his arrest.
This case has been investigated by the Federal Bureau of Investigation’s Northern Connecticut Gang Task Force and the Hartford Police Department. The case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Guatamalan man who was extradited to Ohio pleads guilty in Colombia-to-America cocaine conspiracyRead the Press Release
COLUMBUS, Ohio – A Guatemalan man pleaded guilty today in U.S. District Court to charges related to a Colombia-to-America cocaine conspiracy.
In October 2019, Francisco Golon-Valenzuela was extradited to Columbus from Panama.
As part of his plea, Golon-Valenzuela admitted he conspired with others to ship hundreds of kilograms of cocaine from Colombia, via sea and land, through Central America and Mexico to the United States.
Golon-Valenzuela, also known as “El Toro,” was indicted in September 2018. Specifically, Golon-Valenzuela pleaded guilty to conspiring to distribute at least five kilograms or more of cocaine on the high seas, which is a federal crime punishable by 10 years up to life in prison.
According to court documents, as part of the conspiracy individuals would use “load” coordinators to assist with logistics of cocaine shipments, locate drivers and boat operators for narcotic-laden vehicles and vessels, and secure shared investments from multiple co-conspirators in specific cocaine shipments.
Fishermen and other commercial maritime laborers were allegedly recruited by conspirators to transport cocaine and refueling vessels.
Conspirators allegedly paid a “tax” or “fee” to send cocaine through areas controlled by a different drug trafficking organization or cartel.
Members of the conspiracy allegedly shared information on the activities and locations of law enforcement and military personnel assigned to interdict narcotics shipments. It is alleged co-conspirators also sheltered individuals who were at risk of extradition to other countries.
Low-level co-conspirators would allegedly take responsibility for an entire load of seized cocaine in order to free higher-level members.
Cocaine shipments seized in this case thus far include:
- 880 kilograms of cocaine seized by the United States Coast Guard near the Guatemalan/Mexico border on May 19, 2016;
- 720 kilograms of cocaine seized by the United States Coast Guard northwest of the Galapagos Islands on Aug. 18, 2017; and
- 34 kilograms of cocaine seized by the Guatemalan Policia National Civil in San Marcos, Guatemala on or about Nov. 26, 2017.
Four defendants were transported to Ohio for prosecution in September 2017, following the 720 kilogram seizure near the Galapagos Islands. That seizure alone included more than 1,584 pounds of cocaine, equaling an approximate street value of $25 million.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); and Ohio State Highway Patrol Superintendent Col. Richard S. Fambro announced the plea offered today before U.S. Magistrate Judge Norah McCann King. Assistant United States Attorneys Jonathan J.C. Grey and Elizabeth Rabe are representing the United States in this case.
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Greeneville Man Sentenced to 205 Months on Methamphetamine and Firearm ChargesRead the Press Release
GREENEVILLE, Tenn. – On June 12, 2020, David Lynn Kaywood, Jr., 42, currently of Greeneville, was sentenced by the Honorable Clifton L. Corker, in the U.S. District Court for the Eastern District of Tennessee at Greeneville.
The criminal indictment resulted from an investigation of the Second Judicial Drug Task Force (DTF), Kingsport Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
In 2017, DTF made a controlled purchase of 16.18 grams of methamphetamine from Kaywood and a co-defendant. Kaywood arrived at the controlled buy in possession of a handgun. In 2018, the Kingsport Police Department arrested two of Kaywood’s co-defendants who were in possession of 39.94 grams of methamphetamine, and a firearm. Kaywood entered a guilty plea to conspiracy to distribute more than 50 grams of methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. Kaywood received 205 months in prison, followed by five years of supervised release. Kaywood sentences will run consecutive to seven cases currently pending in Sullivan County’s Second Judicial District.
Todd Martin, Assistant U.S. Attorney, represented the United States in court.
The Bureau of Alcohol, Tobacco, Firearms and Explosives assisted DTF and Kingsport police in the investigation.
This case was brought as part of Project Safe Neighborhoods (“PSN”), a comprehensive national strategy that creates local partnerships with law enforcement agencies to effectively enforce existing gun laws. It provides more options to prosecutors, allowing them to utilize local, state, and federal laws to ensure that criminals who commit gun crime face tough sentences. PSN gives each federal district the flexibility it needs to focus on individual challenges that a specific community faces. This case was also brought as part of the Safe Streets Violent Crimes Initiative, a program which combines the efforts of federal, state, and local agencies to stop violent felons from endangering our communities.
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Grand Jury Returns IndictmentsRead the Press Release
MADISON, WIS. – A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Physician Charged with Medicare Fraud
Ravi Murali, 38, Edgerton, Wisconsin, is charged in a 12-count indictment for his role in a health care fraud scheme while working as a physician for various telemedicine companies. The indictment alleges that from January 2017 to January 2020, Murali signed orders for medical braces (such as ankle braces, knee braces, back braces, shoulder braces, wrist braces, and hand braces) for Medicare beneficiaries that contained false statements. The indictment alleges that the false statements included that Murali had spoken with the Medicare beneficiary, that he had established a valid prescriber-patient relationship with the Medicare beneficiary, that he medically assessed the Medicare beneficiary, and that he conducted various examinations and diagnostic tests of the Medicare beneficiary. The indictment alleges that these representations were rarely, if ever, true, and Murali ordered braces for Medicare beneficiaries regardless of medical necessity, fraudulently billing Medicare for over $26 million, of which Medicare actually paid over $13 million. Murali was paid approximately $30 for each telemedicine consult he completed.
If convicted, Murali faces a maximum penalty of 10 years in federal prison on each count. The charges against him are the result of an investigation by the U.S. Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation. Assistant U.S. Attorney Zachary J. Corey is handling the prosecution.
Madison Man Charged with Drug & Gun Crimes
Verdell Thomas, 20, Madison, Wisconsin, is charged in a five-count indictment with drug crimes involving crack cocaine and gun crimes. The indictment alleges that Thomas distributed crack cocaine on three occasions in April 2020, and that on May 7, he possessed crack cocaine with intent to distribute. The indictment further alleges that on May 7, he possessed a loaded 9mm pistol in furtherance of a drug trafficking crime, and that he was a felon in possession of a firearm.
If convicted, Thomas faces a maximum penalty of 20 years in federal prison on each crack cocaine charge, 10 years on the felon in possession of a firearm charge, and a mandatory minimum penalty of five years on the charge of possessing a firearm in furtherance of a drug trafficking crime. Federal law requires that any sentence imposed on the charge of possessing a firearm in furtherance of a drug trafficking crime be served consecutive to any sentence imposed on the charge of possessing crack cocaine with intent to distribute.
The charges against Thomas are the result of an investigation by the Dane County Narcotics Task Force. Assistant U.S. Attorney Rita M. Rumbelow is handling the prosecution.
Menomonie Man Charged with Heroin & Gun Crimes
David Hartwig, 32, Menomonie, Wisconsin, is charged with being a felon in possession of a firearm and ammunition, with possessing heroin with intent to distribute, and with possessing a firearm in furtherance of a drug trafficking crime. The indictment alleges that on May 6, 2020, he possessed a 9mm pistol and ammunition, and heroin with intent to distribute.
If convicted, Hartwig faces a maximum penalty of 10 years in federal prison on the charge of being a felon in possession of a firearm and ammunition, 20 years on the heroin charge, and a mandatory minimum penalty of five years on the charge of possessing a firearm in furtherance of a drug trafficking crime. Federal law requires that any sentence imposed on the charge of possessing a firearm in furtherance of a drug trafficking crime be served consecutive to any sentence imposed on the charge of possessing heroin with intent to distribute.
The charges against Hartwig are the result of an investigation by the Dunn County Sheriff’s Office, Menomonie Police Department, West Central Drug Task Force, Drug Enforcement Administration, and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Taylor L. Kraus is handling the prosecution.
Madison Man Charged with Illegally Possessing Firearm
Anthony Krohn, 36, Madison, Wisconsin, is charged with being a felon in possession of a firearm. The indictment alleges that he possessed a loaded .22 caliber handgun on June 1, 2020.
Krohn was charged with this offense in a complaint filed in U.S. District Court in Madison on June 4. Federal law requires that felony offenses charged by criminal complaint be charged by an indictment returned by a grand jury.
The affidavit accompanying the complaint alleged that at approximately 2:12 a.m. on Monday, June 1, 2020, police officers were dispatched to the area of South Fairchild and West Doty Streets in Madison in reference to a person with a gunshot wound, and found a person later identified as Krohn bleeding from a wound in his leg with a gun on the ground next to him. The affidavit further alleges that Krohn told a law enforcement officer that he had shot himself.
If convicted, Krohn faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the Madison Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Corey C. Stephan is handling the prosecution.
Edgerton Man Charged with Illegally Possessing Firearm
Kyle C. Olson, also known as Kyle Charles Quade, 28, Edgerton, Wisconsin, is charged with being a felon in possession of a firearm and ammunition. The indictment alleges that he possessed a loaded .45 caliber handgun and ammunition on May 31, 2020.
Olson was charged with this offense in a complaint filed in U.S. District Court in Madison on June 4. Federal law requires that felony offenses charged by criminal complaint be charged by an indictment returned by a grand jury.
The affidavit accompanying the complaint alleged that at approximately 11:00 p.m. on Sunday, May 31, 2020, police officers stationed in the area of 220 West Gilman Street to respond to the civil unrest occurring in downtown Madison observed an individual later identified as Olson remove a handgun from the trunk of his car and place the handgun in his back waistband.
If convicted, Olson faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the Madison Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Corey C. Stephan is handling the prosecution.
The indictments charging Thomas, Hartwig, Krohn, and Olson, a.k.a. Quade, have been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition, and violent crimes and drug crimes that involve the use of firearms.
Portage Man Charged with Child Pornography Crimes
Thomas E. Kerl, Jr., 38, Portage, Wisconsin, is charged with six counts of distributing child pornography and one count of possessing child pornography. The indictment alleges that on four occasions in November 2019 and two occasions in January 2020, Kerl used Twitter to send a direct message containing a video or an image of a minor engaged in sexually explicit conduct. The indictment also alleges that on June 3, 2020, he possessed a phone containing visual depictions of minors engaging in sexually explicit conduct, and at least one of the depictions involved a minor who had not attained 12 years of age.
If convicted, Kerl faces a mandatory minimum penalty of five years and a maximum of 20 years in federal prison on each distribution count, and a maximum of 20 years on the possession charge. The charges against him are the result of an investigation by the Wisconsin Department of Justice Division of Criminal Investigation and the Columbia County Sheriff’s Office. Assistant U.S. Attorney Elizabeth Altman is handling the prosecution.
Two Madison Men Charged with Interstate Transportation of Stolen Goods
Carl Carter, 36, and Ahmeeshadye Curtis, 33, both of Madison, Wisconsin, are charged with conspiring to transport stolen goods in an amount in excess of $5,000 across state lines, knowing the goods had been stolen. The indictment alleges that from November 28 to December 24, 2019, Carter and Curtis committed burglaries of stores in various states and would then transport the goods they stole across state lines, travelling from Wisconsin to Illinois, Indiana, Ohio, Iowa, and Minnesota. The indictment alleges that the conduct included two burglaries in Wisconsin on November 28, 2019, of a Sam’s Club and a U.S. Cellular store in Janesville.
The indictment also charges Carter and Curtis with transporting stolen goods with a value of $5,000 or more from Minnesota to Wisconsin on December 17, 2019.
If convicted, Carter and Curtis face a maximum penalty of five years in federal prison on the conspiracy charge, and a maximum of 10 years on the charge of transporting stolen goods across state lines. The charges against them are the result of an investigation by the Federal Bureau of Investigation, Janesville Police Department, Wauwatosa Police Department, and the police departments in Creston, Iowa; Cedar Falls, Iowa; Cuyahoga Falls, Ohio; Minnetonka, Minnesota; and Woodbury, Minnesota. Assistant U.S. Attorney Zachary J. Corey is handling the prosecution.
Goldsboro Man Sentenced for Illegal Gun PossessionRead the Press Release
RALEIGH, N.C. – A Goldsboro man was sentenced today to 57 months in prison for being a felon in possession of a firearm.
According to court documents, Jesse Lee Dixon, III, 31, was caught carrying an illegal firearm while trespassing.
On April 28, 2019, a Goldsboro Police Department officer observed Dixon on property where Dixon was banned. The officer approached Dixon and saw a black handgun in a holster on Dixon’s hip. Dixon fled from the officer and threw the firearm, but officers located and arrested him and found the firearm nearby. Dixon has multiple prior felony convictions.
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 and the Goldsboro Police Department investigated the case.
A copy of this press release is located on our website. 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-410-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.
Gainesville men indicted on federal arson charges for setting fire to police car parked at officer’s residenceRead the Press Release
GAINESVILLE, Ga. – Jesse James Smallwood, Delveccho Waller, Jr., Bruce Thompson, Judah Coleman Bailey, and Dashun Martin have been indicted by a federal grand jury for the offenses of conspiring to commit, and commission and attempted commission of, arson of a police car following a protest stemming from the death of George Floyd.
“While using the cover of peaceful protests in Gainesville, the defendants allegedly sought out and intentionally burned a police vehicle,” said U.S. Attorney Byung J. “BJay” Pak. “Those seeking to perpetrate criminal acts of violence toward our law enforcement officers should expect to be prosecuted to the full extent of the law.”
“The FBI Atlanta Field Office is committed to supporting our local and state law enforcement partners in an effort to maintain public safety in the communities we serve,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “We are not focused on peaceful protests, but instead concentrating on identifying, investigating and disrupting those individuals who are taking advantage of the protests to incite violence and engage in criminal activity.”
“We want our community to know we stand with them during their rights to peacefully protest. Sadly, agitators that do not necessarily share the same goals as our community took this opportunity to target one of our officers at his residence. We will not stand for this type of destruction and violence in our community,” said Jay Parrish, Chief of Police, Gainesville Police Department.
According to U.S. Attorney Pak, the federal charges, and other information: Early on the morning of June 2, 2020, a Gainesville Police Department patrol vehicle was set on fire in the parking lot of a local apartment complex. Officers responded immediately and extinguished a fire in the rear of the patrol vehicle. A witness reported seeing an older model vehicle with no lights parked near the entrance of the apartment building. The witness saw two subjects exit the vehicle and approach the patrol car, after which the witness heard a loud bang followed by a bright light. The witness then saw smoke emanating from the rear of the patrol car.
Based on the information from the witness, investigators issued a radio lookout for the suspects’ vehicle. Shortly thereafter, police officers saw a vehicle matching the witness’s description parked at a nearby gas station and convenience store. The driver, Jesse James Smallwood, agreed to speak to one of the officers and gave permission for his car to be searched. During the search, officers recovered three spent explosives and a flare gun. Smallwood and his passengers, Waller Jr., Thompson, Bailey, and Martin, were all arrested for the arson.
Jesse James Smallwood, 21, Delveccho Waller, Jr., 21, Dashun Martin, 23, Judah Coleman Bailey, 20, all of Gainesville, Georgia, and Bruce Anthony Thompson, 22, of Oakwood, Georgia, were indicted June 16, 2020. Members of the public are reminded that the indictment only contains charges. The defendants 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 FBI-Gainesville, the Gainesville Police Department, and the Gainesville Fire Department are investigating this case.
Assistant U.S. Attorney Greg Radics is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
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.
Franklinton Man Pleads Guilty to Veterans Affairs TheftRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that DANIEL VANSLYKE, age 34, of Franklinton, Louisiana, pleaded guilty today to one count of theft of government funds, before U.S, District Court Judge Jane Triche Milazzo in the Eastern District of Louisiana.
According to the factual basis and charging document, VANSLYKE knowingly stole money of the United States Department of Veterans Affairs that did not belong to him of approximately $46,000. VANSLYKE misappropriated funds that were being paid to his father, a legitimate veteran, after his father passed away.
Sentencing will be held on September 16, 2020. At that time, VANSLYKE faces a sentence of up to ten (10) years in prison, up to $250,000 in fines, and up to three (3) years of supervised release.
U.S. Attorney Strasser praised the work of the Veterans Affairs Office of Inspector General for their investigation of the matter. Assistant U.S. Attorney Edward J. Rivera is in charge of the prosecution.