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27 July 2020
U.S. Attorney David J. Freed Recognizes the 30th Anniversary of the Americans with Disabilities ActRead the Press Release
Harrisburg - U.S. Attorney David J. Freed recognizes the 30th anniversary of the passage of the Americans with Disabilities Act of 1990 (ADA), which was signed into law by President George H.W. Bush on July 26, 1990. At the signing ceremony, President Bush stated the ADA “signals the end to the unjustified segregation and exclusion of persons with disabilities from the mainstream of American life.”
Thirty years later, the ADA is a transformative law that prohibits discrimination on the basis of disability in places of public accommodation, including all hotels, restaurants, retail stores, theaters, health care facilities, convention centers, parks, and places of recreation (Title III), in all activities of state and local governments (Title II), and in employment (Title I). The ADA empowers the Department of Justice to investigate, litigate, and resolve complaints of discrimination as well as authorizing the Government to conduct compliance reviews of covered entities.
According to United States Attorney David J. Freed, because of measures taken to enforce the ADA, the United States Attorney’s Office has worked with the Commonwealth and local governments, as well as area business to ensure compliance with the antidiscrimination provisions of the ADA. In particular, this Office has taken a leading role in the United States to ensure individuals with disabilities can exercise their right to vote in person at polling places in the Middle District of Pennsylvania.
"We remain committed to eliminating segregation and exclusion of persons with disabilities from the mainstream of American life," said US Attorney Freed. "This Office will continue to investigate and enforce the ADA to ensure that those with disabilities are free from barriers to vote, to attend school, to visit a place of public accommodation, and to participate in the democratic process at state and local government buildings.”
For more information about the ADA, please visit www.ADA.gov. Anyone who has experienced discrimination in violation of the ADA, should contact the Civil Rights coordinator of the U.S. Attorney’s Office for the Middle District of Pennsylvania by calling 717-614-4911 or emailing [email protected].
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Tennessee Man Who Shot Charleston Police Officer Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Sevierville, Tennessee man pled guilty to a federal firearm charge today, announced United States Attorney Mike Stuart. Bryan Lee Ogle, II, 33, pled guilty to being a felon in possession of a firearm.
“Law enforcement officers risk their lives every day to keep the rest of us safe from dangerous individuals like Ogle,” said United States Attorney Mike Stuart. “We are fortunate that when Ogle shot the Charleston Police officer the bullet was deflected by the officer’s body camera. Assaults on police officers in my district will be prosecuted to the fullest extent of the law. This case is a great example of state and federal prosecutors working together to hold violent offenders accountable to the fullest extent of the law.”
Ogle admitted that he was driving a vehicle near Montgomery on February 8, 2018, when officers with the Montgomery Police Department attempted to perform a traffic stop on it. In response, the defendant pulled over momentarily but then began to flee at a high rate of speed. The pursuit reached speeds of approximately 110 mph in a residential and business area with a 35 mph speed limit. Eventually, the defendant lost control of the vehicle and struck a hillside on the side of the roadway. As officers attempted to open the driver’s side door and remove the defendant, he put the vehicle in reverse and attempted to back away. The vehicle then struck a utility pole and was immobilized. An officer then stood in front of the vehicle and gave the defendant commands to stop the vehicle. In response, the defendant attempted to rev the engine and move forward to strike the officer. After realizing that the vehicle would not move, the defendant exited the vehicle and attempted to flee on foot. He was caught by officers and a physical struggle ensued, with the defendant striking and biting the involved officers. The defendant also attempted to grab and remove one of the officer’s firearms during the struggle.
During the struggle, the defendant indicated that he possessed a firearm and attempted to reach for it. Once the defendant was secured in handcuffs, a loaded Smith and Wesson 9mm semi-automatic pistol was located in a holster on the defendant’s belt. Ogle admitted that he possessed the firearm knowing that he had previously been convicted of several felony offenses in Tennessee.
After Ogle’s arrest in Montgomery, he was taken to Charleston Area Medical Center (CAMC) General Division for medical treatment. While in custody at CAMC, Ogle attempted to escape from police, with the pursuit ending in a stairwell. When police officers attempted to place Ogle in custody, he knocked a Montgomery Police officer off of the stairs causing injuries to the officer. While the officer was down, Ogle gained control of his firearm and shot a Charleston Police officer. The bullet was deflected by the officer’s body worn camera. Ogle pled guilty in Kanawha County Circuit Court to attempted murder, escape, assault in the commission of a felony and battery and was sentenced to the maximum sentence of six to 30 years in state prison.
Ogle faces up to life in prison on the federal charge when sentenced on October 22, 2020.
The Montgomery Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is handling the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:18-cr-00057.
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Syracuse Man Sentenced to Nearly Eight Years in RICO Gang CaseRead the Press Release
SYRACUSE, NEW YORK – Rashawn Wynn, age 43, of Syracuse, was sentenced today to serve 92 months in prison for violating the Racketeering Influenced Corrupt Organizations Act (RICO) as part of the 110 Gang, announced United States Attorney Grant C. Jaquith, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation, (FBI), and Chief Kenton Buckner, City of Syracuse Police Department.
In imposing sentence, Senior United States District Judge Frederick J. Scullin, Jr. also ordered Wynn to serve three years of supervised release following his term of imprisonment. As part of his guilty plea, Wynn admitted that he was a member of the 110 Gang operating in the City of Syracuse. Wynn further admitted that he repeatedly distributed crack cocaine in 110 Gang territory during 2017 and 2018, and that he was supplied crack cocaine by other 110 Gang members. In imposing sentence, the Court found that the 110 Gang members regularly possessed and used firearms to facilitate their drug trafficking, and that the defendant was aware of such use.
Wynn was one of 14 defendants charged in the case for violating RICO based on their membership in the 110 Gang. The other 13 men have all pled guilty or been convicted at trial. Co-defendant Damani Prince was sentenced in October 2019 to serve six and one-half years in prison, to be followed by three years supervised release. The remaining defendants in the case are awaiting sentencing.
This case was investigated by the Federal Bureau of Investigation (FBI), the Syracuse Police Department, and the Gang Violence Task Force, which consists of members of the Syracuse Police, the FBI, the U.S. Drug Enforcement Administration (DEA), the U.S. Marshals Service, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the New York State Department of Corrections, the New York State Attorney General’s Office, and the Onondaga County District Attorney’s Office. This case was prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Kristen Grabowski.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Syracuse Man Sentenced on Drug Trafficking ChargesRead the Press Release
SYRACUSE, NEW YORK – Troy Jackson, age 43, of Syracuse, was sentenced today to serve 46 months in prison for his conviction for participating in a cocaine trafficking conspiracy, announced United States Attorney Grant C. Jaquith, Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Field Division, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), New York State Police Superintendent Keith Corlett, Sheriff Eugene Conway, Onondaga County Sheriff’s Office, and William J. Fitzpatrick, Onondaga County District Attorney. The defendant was also ordered to serve a period of six years supervised release following his term of incarceration, and to forfeit to the government $7,000 in proceeds from his drug trafficking activity.
Pursuant to his plea agreement in this case, Jackson admitted that during the summer of 2018, he repeatedly acquired multiple ounces of cocaine from his co-defendant Daitwaun Fair, which he (Jackson) then redistributed to others. This case was investigated by the U.S. Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the New York State Police, the Onondaga County Sheriff’s Office, and the Onondaga County District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.
Sonoma County CEO Sentenced to Three and A Half Years in Prison on Charges Stemming from Multi-Million-Dollar Student Loan Repayment Services ScamRead the Press Release
SAN FRANCISCO – Brandon Frere was sentenced to 42 months in prison following his guilty plea to wire fraud and money laundering charges, announced United States Attorney David L. Anderson and Federal Bureau of Investigation, Special Agent in Charge John F. Bennett. The charges stem from a multi-million-dollar scheme to use deceptive sales tactics to convince people to enroll in his companies’ student loan repayment services programs. The sentence was handed down by the Hon. Susan Illston, United States District Judge.
Frere, 43, of Sonoma County, owned and operated three companies—American Financial Benefits Center (AFBC), the Financial Education Benefits Center (FEBC), and Ameritech Financial (Ameritech)—all based in Rohnert Park, Calif. According to his plea agreement, between January of 2014 and November of 2018, Frere used the companies to market student loan document preparation services for borrowers who wished to apply for programs through the Department of Education. Frere targeted potential customers who were seeking federal loan forgiveness, loan consolidation, and reduced-payment programs. When Frere’s companies sold consumers “document preparation” services, they also sold them a purportedly optional membership in a “financial education benefits program.” The so-called benefits program provided the opportunity to customers to sign up for services such as LifeLock identity theft protection and roadside assistance.
Frere admitted he instructed his employees to follow misleading sales scripts and to employ deceptive sales tactics so that people would enroll for services without fully understanding what they were paying for. For example, when initially enrolling consumers in the document preparation service and signing them up for the financial education benefits program, Frere hid the fees for the financial education benefits program and described the benefits program in a way that made it seem like the cost of the program was included in the document preparation services. Further, Frere admitted he instructed enrollment associates not to present the benefits program as an optional or additional service to the document preparation service; this way, consumers would purchase the benefits packages without knowing they were doing so.
In sum, Frere instructed his employees (1) to make false statements concerning the companies’ ability to deliver fixed payments for the life of student loans and loan forgiveness under alternative repayment plans; (2) to engage in enrollment practices that improperly inflated a consumers’ family size to reduce their prospective payments under federal alternative repayment plans (and therefore make it appear to the consumer that their monthly payments would be lower than what they would have been if the family size were not inflated); and (3) to hide the monthly fees that consumers would pay for a purportedly optional financial education benefits program while leading victims to believe that the benefits program was already included in the document preparation service. Frere admitted for the purposes of sentencing that the amount of losses attributable to his scheme was no less than $25,000,000 and up to $65,000,000.
Moreover, Frere admitted that in order to conceal the proceeds of his wire fraud scheme, in 2015, he began transferring to overseas bank accounts that he controlled large sums of the funds that he had received through the scheme. He continued this process in August 2017, after he became involved in litigation with the Federal Trade Commission (“FTC”) and became concerned the FTC or a court might be able to seize the proceeds of his fraud. The FTC filed a civil complaint in February 2018 against Frere and his companies in federal court in Oakland. (Federal Trade Commission v. American Financial Benefits, et al., Case No. CV 18-00806-SBA).
Frere was arrested December 5, 2018, at SFO as he attempted to board a flight to Cancun, Mexico.
Frere was charged by information on October 1, 2019 with one count of wire fraud, in violation of 18 U.S.C. § 1343, and one count of money laundering, in violation of 18 U.S.C. § 1956(a)(2)(B). Frere pleaded guilty to both counts.
In addition to the prison term, Judge Illston also ordered Frere to serve an additional term of 36 months of supervised release. Judge Illston also scheduled a hearing for October 16, 2020, to determine restitution issues.
Assistant U.S. Attorney Scott Joiner is prosecuting the case with the assistance of Claudia Hyslop and Kimberly Richardson. The prosecution is the result of an investigation by the Federal Trade Commission, Federal Bureau of Investigation, and Internal Revenue Service Criminal Investigation, with assistance from the U.S. Department of Education Office of Inspector General.
Schenectady Man Arrested on Drug ChargesRead the Press Release
ALBANY, NEW YORK – Daniel Scotsross, age 28, of Schenectady, New York, was arrested last week and charged with attempting to possess with the intent to distribute N-dimethyltryptamine (“DMT”), a hallucinogen similar to lysergic acid diethylamide (“LSD”), announced United States Attorney Grant C. Jaquith and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
Scotsross appeared last week before United States Magistrate Daniel J. Stewart and was released pending further proceedings. The criminal complaint alleges that on July 22, 2020, Scotsross accepted a package addressed to him at his Schenectady residence that contained what he expected to be over ten kilograms of tree-bark laced with DMT. Thereafter, law enforcement officers executed a search warrant at Scotsross’s Schenectady residence, seizing quantities of DMT and LSD, and substances and equipment used to manufacture and process DMT and LSD for distribution. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The charge filed against Scotsross carries a maximum sentence of 20 years imprisonment, a fine of up to $1,000,000, and a term of supervised release of three years to life. 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.
This case is being investigated by Homeland Security Investigations (HSI), the United States Postal Inspection Service, and U.S. Customs and Border Protection, with the assistance of the Schenectady Police Department, Albany County Sheriff’s Department, and the New York State Police Crime Scene Emergency Response Team, and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
Rural King Robber Sentenced to More Than Eight Years in Federal PrisonRead the Press Release
Ocala, Florida – Senior United States District Judge John Antoon II has sentenced Carlos Eduardo Hampton (23, Cocoa) to eight years and one month in federal prison for robbery and for possessing a firearm as a convicted felon. Hampton had pleaded guilty on January 30, 2020.
According to court documents, on July 26 and August 16, 2019, Hampton and three others used a sledgehammer to break into two Rural King locations in Ocala and Zephyrhills. The men then used the sledgehammer to smash open display cases and steal a total of 28 firearms. Employees inside the stores fled in fear during each of the robberies. Some of the stolen firearms have been recovered at crime scenes in South Florida and Indiana.
Hampton and the other men were apprehended as they fled from the second Rural King location in Pasco County. When arrested, Hampton was wearing sneakers embedded with shards of glass from the broken display cabinets. His clothing also matched images from the store’s surveillance cameras, showing him using the sledgehammer to steal 16 firearms. Hampton was previously convicted of a firearms offense in Indiana and is therefore prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the City of Ocala Police Department, and the Zephyrhills Police Department. It was 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.
Rochester Man Pleads Guilty to His Role in Large Drug Trafficking Organization: Including Shooting at Rival Gang Members and Police OfficersRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Obed Torres Garcia, 23, of Rochester, NY, pleaded guilty to conspiracy to distribute five kilograms or more of cocaine and one kilogram or more of heroin, and using, carrying and discharging firearm during and in relation to a drug trafficking crime, before Chief U.S. District Judge Frank P. Geraci, Jr. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life in prison, and a $10,000,000 fine.
Assistant U.S. Attorneys Robert A. Marangola, Cassie M. Kocher, and Katelyn M. Hartford, who are handling the case, stated that between 2015 and January 29, 2018, the defendant was a member of a drug trafficking organization led by Carlos Javier Figueroa, which was responsible for the transportation and sale of cocaine and heroin, and for acts of violence in furtherance of the organization’s drug trade, including an exchange of gunshots with members of the Greater Rochester Area Narcotics Enforcement Taskforce (G.R.A.N.E.T.). Various locations throughout Rochester were utilized to receive, store, and sell the supply of illegal narcotics, which were shipped from Puerto Rico.
As an active member of the Figueroa drug trafficking organization, Garcia, among other things, packaged cocaine and heroin for distribution, and personally distributed significant quantities of cocaine and heroin. Also, in furtherance of the conspiracy, the defendant and other members of the organization used and maintained a residence at 820 East Main Street in Rochester, for the purpose of packaging, storing, and distributing quantities of cocaine and heroin. Between December 2017 and January 29, 2018, Garcia lived in the apartment, which was paid for by Carlos Javier Figueroa in exchange for the defendant’s work for the organization.
On January 29, 2018, at 6 Burbank Street in Rochester, Garcia discharged a handgun in the direction of G.R.A.N.E.T. officers who were attempting to execute a search warrant at the location. Officers, who the defendant admits were justified in their use of force, exchanged fire and Garcia suffered a traumatic brain injury from a gunshot wound. As a result of the traumatic brain injury, the defendant has no memory of the events of January 29, 2018. However, after a thorough review of all relevant evidence with attorneys, Garcia did not dispute that had the case gone to trial the government would have proved these facts beyond a reasonable doubt through civilian and police witness testimony and forensic evidence. As part of his plea, defendant further admitted that in addition to the January 29, 2018, police-involved shootings, he, in December 2016, while distributing heroin in the vicinity of the Valero gas station located near the intersection of Clinton Avenue and Hoeltzer Street in Rochester, shot at rival drug dealers who were also present using a 9mm handgun.
“The defendant’s willingness to support the lawless objectives of this drug trafficking organization knew no bounds,” stated U.S. Attorney Kennedy. “The bad decisions made by defendant—from distributing drugs, to shooting at rival gang members, to shooting at the police—came at a heavy price. In the end, all that defendant has to show for his unwavering commitment to this criminal enterprise are a traumatic brain injury and the prospects of a lengthy prison sentence.”
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Stephen Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief David Catholdi; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Eduardo Payan.
Sentencing is scheduled for October 28, 2020, at 2:00 p.m. before Judge Geraci.
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Registered Sex Offender Sentenced to 20 years in Prison for Child EnticementRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on July 23, 2020, Brian D. Wickersham (age: 60) of Merrill, Wisconsin, was sentenced to 20 years in federal prison by Senior District Judge William C. Griesbach.
Wickersham, a long haul truck driver, took his victim with him on a four-day trip from Wisconsin to Virginia and back. During the trip, Wickersham provided the victim with money and gifts; in the evenings, Wickersham sexually assaulted the child and pressured him to engage in increasingly aggressive sexual acts. The trip ended at the “Country Express” truck stop in Bellevue, Wisconsin, on the outskirts of the City of Green Bay. While Wickersham and his victim awaited a replacement driver, Wickersham attempted to violate the child a final time. The victim fled the truck and sought assistance inside the truck stop’s restaurant. Brown County Sheriff’s Deputies arrived to protect the child and located Wickersham hiding at a nearby hotel where he was taken into custody.
In 1994, Wickersham was convicted of “First Degree Sexual Assault of a Child” in Milwaukee County Circuit Court for the repeated sexual assault of a four-year-old child. At that time, he was required to register as a sexual offender for the remainder of his life. In 2008, Wickersham was convicted of “Sex Registry Violations” in Taylor County Circuit Court for repeated unsupervised contact with minor children and lying to investigators. In 2016, Wickershamwas again convicted in Taylor County for “Knowingly Failing to Notify School Officials of Sex Offender Status.”
In handing down the sentence, Judge Griesbach noted the horrendous nature of the crime and previous pattern of preying on children. He further stated his belief that a 20-year prison sentence was lengthy enough to protect the community given Wickersham’s advanced age. Upon the completion of his federal prison sentence, the defendant will serve the remainder of his life on supervised release.
This case was investigated by the Brown County Sheriff’s Office, the Brown County Internet Crimes Against Children (ICAC) Task Force and the Green Bay office of the F.B.I. It was prosecuted by Assistant United States Attorneys Daniel R. Humble and Megan J. Paulson.
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 U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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O.C. Tax Preparer Pleads Guilty to Conspiracy Charge for Preparing and Filing False Tax Returns that Caused Nearly $5 Million in LossesRead the Press Release
SANTA ANA, California – An Orange County man pleaded guilty today to federal criminal charges that he used his tax preparation company to knowingly file false tax returns and cheat the United States out of nearly $5 million.
Michael Hung Lee, 70, of Garden Grove, entered his plea before United States District Judge David O. Carter. Lee pleaded guilty to one count of conspiracy to aid and assist in the preparation of false tax returns.
According to his plea agreement, from 2014 to March 2018, Lee was a tax preparer who owned and operated 1040 U.S. Tax Center, Inc., a Garden Grove-based company. During that time, Lee knowingly participated in a conspiracy where he and others fraudulently filed federal individual income tax returns on behalf of their clients in order to obtain false refunds from the IRS.
On these tax returns that he prepared and filed, Lee willfully and fraudulently claimed Schedule D capital losses that he knew his clients never approved and for which they were unqualified, the plea agreement states. The false declarations of capital losses reduced his clients’ listed taxable income. As a result, the federal government incurred a tax loss of at least $4,917,035, according to the plea agreement.
Judge Carter scheduled a November 16 sentencing hearing, at which time Lee will face a statutory maximum sentence of five years in federal prison.
On June 15, Mylinh Thi Lee, 50, of Garden Grove, who is Michael Lee’s daughter and also was a tax preparer at 1040 U.S. Tax Center, pleaded guilty to one count of aiding and assisting in the preparation of false tax returns. She will face a statutory maximum sentence of three years in federal prison at her sentencing hearing, which is scheduled for October 26.
This matter was investigated by IRS Criminal Investigation.
This case is being prosecuted by Assistant United States Attorney Jennifer L. Waier of the Santa Ana Branch Office.
Nashua Man Pleads Guilty to Drug TraffickingRead the Press Release
CONCORD - David Campbell, 36, of Nashua, pleaded guilty in federal court to drug trafficking, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on April 16, 2019, three Nashua police officers were returning to the station from a patrol when they observed Campbell walking in a gas station parking lot. They paused to watch him. He seemed to be impaired as he was at times staring off into the distance and walking aimlessly in the parking area. During a consensual encounter, he was arrested after being found in possession of methamphetamine.
Accordingly, Campbell was arrested and transported back to the station. A subsequent search revealed distributable quantities of methamphetamine and fentanyl.
Campbell waived his Miranda rights and admitted to selling methamphetamine. He also acknowledged that he was working on a deal in the parking lot before the officers confronted him.
Campbell is scheduled to be sentenced on November 13, 2020.
“In this case, alert Nashua police officers were able to prevent the distribution of dangerous drugs and allow us to bring a drug trafficker to justice in federal court,” said U.S. Attorney Murray. “This is exactly the type of law enforcement partnership that Operation SOS was designed to promote. We will continue to coordinate with Nashua Police Department and all of the law enforcement agencies in Hillsborough County to disrupt the distribution of fentanyl and methamphetamine.”
This matter was investigated by the Nashua Police Department. The case is being prosecuted by Assistant U.S. Attorney Joachim Barth.
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
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Mattoon Man Sentenced to Decade in Federal Prison for Trafficking Child PornographyRead the Press Release
URBANA, Ill. – A Mattoon, Ill., man, Tyler L. Foote, 29, described by the government as an avid collector of extremely violent child pornography, was sentenced today to 10 years in federal prison. Senior U.S. District Judge Michael M. Mihm further ordered that Foote remain on supervised release for a period of 10 years following completion of his prison sentence.
In court filings, the government represented that Foote is a collector of extremely violent child abuse images. These image and video files include acts of sexual violence against minor children, including infants, bestiality, bondage and urination.
On Dec. 20, 2019, Foote entered open pleas of guilty to five counts of trafficking child pornography. Foote, of the 1300 block of Champaign Ave, in Mattoon, was arrested on Aug. 16, 2019, on Coles County state charges, and was indicted by a federal grand jury in October 2019.
The case was prosecuted by Assistant U.S. Attorney Elly M. Peirson and Special Assistant U.S. Attorney Shannon O’Brien of the Illinois Attorney General’s Office. The charges were investigated by the Illinois Attorney General’s Office, Internet Crimes Against Children Task Force and the Mattoon Police Department.
The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Maryland man sentenced to prison for cyberstalking Ohio victimsRead the Press Release
COLUMBUS, Ohio – A Maryland man was sentenced in U.S. District Court to 30 months in prison for cyberstalking victims in the Southern District of Ohio.
Vincent Brocoli, 33, of Essex, Md., was indicted by a federal grand jury in August 2019 and pleaded guilty in November 2019.
According to court documents, from August 2016 until April 2019, Brocoli (also known as Matthew Dehart, BunchMedia and BunchMarketing), cyberstalked a female victim and her parents by creating social media accounts in their names, sending them threats, and using the Internet to cause substantial emotional distress to their family.
Brocoli created social media accounts like @xokirstylies1, @xokirstyslut1 and @killyourselfkirsty, among others.
The defendant used the Internet to post photos of the victim with a cross on her forehead and send messages like “I hope you get cancer and die UGLY SLLUT [sic],” and “Go away and die. Just put a gun in your mouth and get it over with.”
Court documents also detail that, over the course of nearly three years, Brocoli used the Internet and multiple social media platforms to post threatening and sexually vulgar comments, calling the victim a “worthless lying slut” and a “whore.” Brocoli also used the Internet to post comments asserting that the victim and her husband had AIDS, like claiming that the victim “took [her husband]’s gay cum down her throat and now she has aids. Diseased whorebag.”
Brocoli posed as the victim’s father and mother online by creating multiple Instagram and Twitter handles using their names. He also used the Internet to post comments to the victim’s mother, calling her a “pedophile,” commenting that she needed “to be arrested for child abuse,” and telling her to “Shut up and die.” Brocoli further used the Internet to post to the victim’s father that he would “be the first to go to hell and answer to the real God when the time comes.”
David M. DeVillers, United States Attorney for the Southern District of Ohio, and Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the sentence imposed Friday evening, July 24, by Chief U.S. District Judge Algenon L. Marbley. Special Assistant United States Attorney Christopher N. St. Pierre represented the United States.
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Maryland Man Sentenced to Four Years in Federal Prison for Ruthless Cyberstalking Campaign Against Former GirlfriendRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge James K. Bredar today sentenced Ahmad Kazzelbach, age 26, of Pasadena, Maryland, to four years in federal prison, followed by three years of supervised release, on the federal charges of cyberstalking and intentional damage to a protected computer.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Chief Melissa R. Hyatt of the Baltimore County Police Department, and Anne Arundel County State’s Attorney Anne Colt Leitess.
According to Kazzelbach’s plea agreement, beginning in June 2015, Kazzelbach and the victim both worked at Company A, an insurance broker located in Glen Burnie, Maryland, and in December 2015 began a romantic relationship, moving into a shared apartment. In late May 2016, the victim ended her relationship with Kazzelbach. Although Kazzelbach moved out of their shared apartment, he subsequently began a year-long scheme to harass the victim by compromising her personal online accounts, forging policy cancellation letters on behalf of her clients, and filing false reports with law enforcement that ultimately resulted in the victim being wrongfully arrested and incarcerated on multiple occasions.
Specifically, on July 25, 2016, Kazzelbach created an e-mail account that mimicked the victim’s real e-mail address and within 10 minutes, changed the name on the victim’s Apple account to the fake e-mail address he had created. Two days later, Kazzelbach initiated a password reset, locking the victim out of the account which controlled certain settings on her iPhone, as well as access to the photos, music, and videos associated with her account. Kazzelbach also accessed the victim’s Instagram account and changed a portion of her user name to “whore,” and accessed the victim’s online student loan account and changed the account e-mail address to the fake address he had created.
Kazzelbach also admitted that in late August 2016, he used a fax machine at Company A to send two letters purporting to cancel supplemental health insurance policies belonging to two of the victim’s clients, whose information Kazzelbach had accessed through his position at Company A. On August 28, 2016, Kazzelbach accessed the victim’s own online health insurance account, to which she had previously given Kazzelbach limited access for initiation purposes, and made unauthorized changes to the victim’s race, pregnancy status, and income. The change in income resulted in the victim being disqualified from the plan in which she had enrolled, potentially modifying or impairing her medical care.
On September 1 and October 1, 2016, Kazzelbach attempted to access the victim’s bank account and tax-filing account, respectively, using a proxy server, which can be used to hide an electronic device’s true location or identity. However, investigators were able to identify the true Internet Protocol (IP) address from which the attempts were made and determined that the account was subscribed to by Kazzelbach’s father at a residence where Kazzelbach was then residing.
On September 30, 2016, Kazzelbach sent a text message to the victim in which he disguised his real identity by using a “spoofing” program, which used computer software to make it appear as though the message originated from a Florida-based cell phone number that did not belong to Kazzelbach. In the message, Kazzelbach wrote, “Prepare yourself for what’s coming…the last 3 months were just the beginning. I have bigger plans for you…I love how easily manipulated you can be.”
As detailed in his plea agreement, Kazzelbach filed a petition for a protective order against the victim on December 10, 2016, in the District Court of Maryland for Anne Arundel County, falsely alleging that the victim had physically abused him and made violent threats in text messages and on social media. A temporary protective order was granted on December 13 and a hearing on a final protective order was scheduled for December 29, 2016. Between December 13 and December 29, Kazzelbach contacted Anne Arundel County on four occasions to falsely report that the victim was continuing to harass and threaten him in violation of the temporary protective order. Based on Kazzelbach’s sworn statement, and on text messages, and phone calls on Kazzelbach’s phone that he had spoofed to make it appear that the victim had contacted him, when in fact, she had not, the court issued four arrest warrants for the victim. On December 29, 2016, the final protective order against the victim was granted, effective for a period of one year. Then, between December 29, 2016 and June 2017, Kazzelbach made 14 additional false reports to law enforcement, causing seven more criminal actions to be filed against the victim in Anne Arundel and Baltimore Counties, and resulting in her false imprisonment for four nights.
In March 2017, the Anne Arundel County prosecutor handling Kazzelbach’s case asked for Kazzelbach’s consent to download the contents of his iPhone, but Kazzelbach refused. The prosecutor told Kazzelbach that if he did not permit a full search of his phone, the Anne Arundel charges against the victim would be dismissed. In response, Kazzelbach began making false reports to Baltimore County instead. In May 2017, the Anne Arundel charges against the victim were dismissed. Baltimore County Police officers subsequently began their own investigation and determined that no attempted or completed text messages were sent from any of the victim’s accounts on the dates and times alleged by Kazzelbach.
United States Attorney Robert K. Hur commended the FBI Baltimore Cyber Task Force (CTF), the Baltimore County Police Department, and the Anne Arundel County State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Jeffrey J. Izant and P. Michael Cunningham, who prosecuted the case and thanked Assistant U.S. Attorney Zachary Myers for his assistance.
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Luis Luna, Edwin Martinez, and Samuel Fuller Sentenced for Conspiracy to Distribute Fentanyl and Cocaine BaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on July 24, 2020, Chief United States District Judge Geoffrey W. Crawford sentenced Luis Luna, 28, of Hartford, Connecticut; Edwin Martinez, aka “Pino”, 26, of Hartford, Connecticut; and Samuel Fuller, 34, of Barton, Vermont following their guilty pleas to conspiracy to distribute illegal narcotics, including fentanyl and cocaine base. Chief Judge Crawford sentenced Luna to 72 months in prison, Martinez to 72 months in prison, and Fuller to 24 months in prison. James Bassett, 41, of North Troy, Vermont, a fourth co-conspirator will be sentenced on July 31, 2020.
All four defendants pleaded guilty to a conspiracy to distribute more than 40 grams of fentanyl. In addition, Fuller and Luna pleaded guilty to a conspiracy to distribute more than 28 grams of cocaine base. Luna and Martinez pleaded guilty to a conspiracy stretching from December 2018 to June 2019, while Fuller and Bassett pleaded guilty to a conspiracy ending in May 2019.
United States Attorney Christina E. Nolan commended the Federal Bureau of Investigation and the Vermont Drug Task Force for their collaboration on this investigation. She stated: “Our law enforcement partners, federal and state, are united in their efforts to stop the flow of deadly opiates and other illegal narcotics from out of state. As this case demonstrates, we are working hard to root out long time drug traffickers in Vermont and from source cities like Hartford, Connecticut. This case demonstrates that our law enforcement partners work seamlessly across state lines and that there will be serious consequences for dealers who victimize and profit by feeding the addictions of Vermonters.”
According to publicly available information, Edwin Martinez was Luis Luna’s fentanyl source in Hartford, Connecticut during the charged time period, and Luis Luna, in turn, supplied Samuel Fuller with the fentanyl that originated with Mr. Martinez. After making regular trips to Hartford, Connecticut and purchasing fentanyl from Luis Luna, Samuel Fuller would return to Vermont and split the fentanyl with James Bassett, who had provided the money for the purchase from Luis Luna. In addition, Mr. Luna was Mr. Fuller’s cocaine base source and would sell cocaine base to Mr. Fuller, who would then sell it in Vermont. In addition to the charged time period, Mr. Luna and Mr. Martinez have a history of supplying opiates to Vermonters since approximately 2012, including Mr. Fuller, who has been making trips to Hartford, Connecticut to buy opiates since approximately 2016. The Court noted Mr. Fuller’s addiction driven behavior during the conspiracy and his recovery since his arrest when explaining Mr. Fuller’s sentence.
The Federal Bureau of Investigation and Vermont State Police’s Drug Task Force conducted the investigation in this matter. The United States was represented in this matter by Assistant U.S. Attorneys Paul Van de Graaf and Nikolas Kerest. Mr. Luna was represented by Natasha Sen, Esq. Mr. Martinez was represented by Kevin Henry, Esq. Mr. Fuller was represented by Brooks McArthur, Esq.
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
Leader and Members of Mob Family Sentenced to Life in Prison for Murder, Racketeering, and Other CrimesRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced that MATTHEW MADONNA, the Acting Boss of the Luchese Family, CHRISTOPHER LONDONIO, a soldier in the Luchese Family, and TERRENCE CALDWELL, an associate of the Luchese Family, were sentenced today to life in prison following their conviction for the 2013 murder of Michael Meldish, conspiracy to commit racketeering, and other felonies. A jury convicted MADONNA, LONDONIO, CALDWELL, and Steven L. Crea, the Underboss of the Luchese Family, on November 15, 2019, following a six-week trial before U.S. District Judge Cathy Seibel, who also imposed today’s sentences. CREA will be sentenced at a later date.[1]
Acting U.S. Attorney Audrey Strauss said: “Matty Madonna, Christopher Londonio, and Terrence Caldwell – respectively, the Acting Boss, a soldier, and an associate of the Luchese Family – were responsible for the execution-style murder of Michael Meldish seven years ago. Madonna ordered it, Londonio set it up, and Caldwell pulled the trigger. Now all three have been sentenced to serve the rest of their lives in federal prison. Thanks to the outstanding investigative work of the FBI and NYPD, we continue our commitment to render La Cosa Nostra a thing of the past.”
According to the evidence presented at trial, and other court documents:
Until his arrest in this case, MADONNA was the Acting Boss of the Luchese Family of La Cosa Nostra, one of the “Five Families” that constitute the Mafia in the New York City area. In 2013, MADONNA became displeased with Michael Meldish, a longtime organized crime associate who had refused to collect debts owed to MADONNA. MADONNA ordered Meldish killed. Acting under the orders of MADONNA and Crea, LONDONIO helped set up Meldish – a personal friend of LONDONIO’s – to be killed, and acted as the getaway driver for the murder. CALDWELL carried out MADONNA’s and Crea’s orders to kill Meldish. CALDWELL met Meldish and drove with him to a Bronx neighborhood to meet LONDONIO. As Meldish got out of his car, CALDWELL shot him once in the head, killing him instantly. CALDWELL then drove off with LONDONIO. For their participation in the Meldish murder, MADONNA, LONDONIO, and CALDWELL were each convicted at trial of conspiracy to commit murder in aid of racketeering, murder in aid of racketeering, and use of a firearm in furtherance of murder in aid of racketeering.
In addition, MADONNA, 84, of the Bronx, New York, LONDONIO, 45, of Hartsdale, New York, and CALDWELL, 61, of New York, New York, were also convicted of racketeering conspiracy; CALDWELL was convicted of attempted murder in aid of racketeering and discharging a firearm in furtherance of attempted murder in aid of racketeering arising out of his May 29, 2013, ambush of a member of the rival Bonanno Family in Manhattan; and LONDONIO was convicted of conspiracy to distribute narcotics.
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Ms. Strauss praised the outstanding investigative work of the Federal Bureau of Investigation, the New York City Police Department, Homeland Security Investigations, the Waterfront Commission of New York Harbor, and the U.S. Bureau of Prisons.
The case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Hagan Scotten, Celia V. Cohen, and Alexandra N. Rothman, were in charge of the trial and sentencings.
[1] Like MADONNA, LONDONIO, and CALDWELL, Crea is subject to a mandatory sentence of life in prison.
Kit Carson County Man Sentenced to Federal Prison for Illegally Entering the United StatesRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Noel Quintana-Carbajal, age 47, who is a Mexican national illegally in the United States, was sentenced to serve 12 months and 1 day in federal prison for illegal reentry of a previously deported alien following a felony conviction. Quintana-Carbajal will be deported at the conclusion of his prison sentence. He was found in Kit Carson County Jail by immigration officers. U.S. Immigration and Customs Enforcement (ICE) and Removal Operations (ERO) joined in the announcement.
According to the stipulated facts contained in Quintana-Carbajal’s plea agreement, he is a native and citizen of Mexico without a claim to lawful immigration to the United States. He has been removed from the United States eight times, with his most recent removal taking place on May 12, 2015. The defendant did not seek or obtain permission to return lawfully to the United States. Nonetheless, he returned. Immigration officials encountered Quintana-Carbajal on January 27, 2020, while he was in custody at the Kit Carson County Jail in Burlington, Colorado. He was detained there on state charges.
Quintana-Carbajal was previously convicted in U.S. District Court in New Mexico for the offense of Illegal Reentry. He was sentenced to a term of 120 days in a U.S. Bureau of Prisons facility.
“There is a lawful process to enter the United States, said U.S. Attorney Jason Dunn. ”Quintana-Carbajal failed to follow that process not once, not even twice, but a total of eight times. His prison sentence and subsequent deportation should send a message that there are consequences for this illegal behavior.”
“As this case demonstrates, we will not allow criminal aliens who pose a threat to public safety to treat our border like a revolving door,” said John Fabbricatore, field office director, ERO Denver. “ICE is committed to using its immigration enforcement authority to ensure that our communities are protected from felons like Quintana-Carbajal who show no regard for our laws or our borders. ICE is pleased to be working closely with the U.S. Attorney to hold criminals like Quintana-Carbajal accountable.”
The sentence was pronounced by U.S. District Court Judge William J. Martinez on July 22, 2020. Quintana-Carbajal was charged by indictment on February 20, 2020, and pleaded guilty on May 13, 2020. This case was investigated by U.S. Immigration and Customs (ICE) Enforcement and Removal Operations (ERO). The defendant was prosecuted by Special Assistant U.S. Attorney Dorothy DiPascali.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 20-cr-0062.
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.
Justice Department Settles Claim Against Virginia-Based Staffing Company for Improperly Favoring Temporary Visa Workers over U.S. WorkersRead the Press Release
The Justice Department announced today that it reached a settlement agreement with ASTA CRS Inc., a provider of IT staffing and consulting services with offices in Ashburn, Virginia, and Greenbelt, Maryland. This is the ninth settlement under the Civil Rights Division’s Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of temporary visa workers.
The settlement resolves a claim that ASTA’s Maryland office discriminated against U.S. workers because of their citizenship status when it posted a job advertisement specifying a preference for non-U.S. citizens who held temporary work visas.
“When a company advertises a job by stating a preference for temporary visa workers, it deters qualified and available U.S. workers from applying and denies those U.S. workers equal opportunity to compete for that employment,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Our message to workers is clear: if companies advertise a preference for temporary visa holders over U.S. workers, the Department of Justice will hold them accountable. This is especially important at a time when more U.S. workers may be seeking employment as a result of the economic impact of COVID-19.”
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) has reached numerous settlements under the Protecting U.S. Workers Initiative, and employers have distributed or agreed to pay a combined total of more than $1.2 million in back pay to affected U.S. workers and civil penalties to the United States. These settlements involve employers that discriminated in their use of the H-1B, H-2A, H-2B and F-1 visa programs.
Based on its investigation of ASTA, the department concluded that ASTA’s Maryland office posted a job advertisement aimed exclusively at non-U.S. citizens with certain temporary visas, including H-1B visas and F-1 student visas. The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from discriminating in hiring by preferring candidates with temporary work visas over U.S. workers. Under the INA, employers cannot discriminate based on citizenship, immigration status or national origin at any stage of their hiring process, including the posting of job advertisements, regardless of whether it affects the final hiring outcome.
Under the terms of the settlement agreement, ASTA will train its employees on the requirements of the INA’s anti-discrimination provision, change its policies and procedures to comply with this law, and be subject to two years of department monitoring requirements, including providing regular reports to the department.
The Civil Rights Division’s IER Section is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
The Civil Rights Division wants to hear about civil rights violations. Members of the public can report possible civil rights violations through the Civil Rights Division’s reporting portal.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
Independence Man Sentenced to 30 Years for Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – An Independence, Missouri, man was sentenced in federal court today for illegally possessing a firearm.
Jose D. Drew, 29, was sentenced by U.S. District Judge Greg Kays to 30 years in federal prison without parole. Drew was sentenced as an armed career criminal due to his prior felony convictions.
On Jan. 16, 2020, Drew was found guilty at trial of one count of being a felon in possession of a firearm.
Evidence introduced during the trial indicated that Drew was in possession of a loaded Glock .45-caliber semi-automatic pistol with an extended magazine on July 13, 2018. Agents stopped a vehicle when it pulled into a parking spot in front of an apartment building and arrested Drew. When agents searched the vehicle, they found the Glock pistol between the passenger seat (where Drew was sitting) and the center console. A DNA comparison later confirmed that Drew’s DNA was located on the trigger guard area of the pistol.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Drew has three prior felony convictions for robbery and armed criminal action, each of which involved the possession and use of a deadly weapon. According to court documents, Drew was on parole for two of these offenses when he committed the federal crime. While under supervision for these offenses, Drew incurred 31 conduct violations.
According to court documents, while in custody in this case Drew stabbed another inmate with a sharpened piece of metal, slammed a correctional officer’s head into a food tray port, which resulted in the officer’s hospitalization, struck an assistant shift supervisor, and attempted to strike correctional officers with a homemade weapon.
This case was prosecuted by Assistant U.S. Attorneys Robert Smith and Joseph M. Marquez. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.Hartsville Man Sentenced in Federal Court for Drug ChargesRead the Press Release
Florence, South Carolina --- United States Attorney Peter M. McCoy, Jr. announced today that Claude Junior Moore, IV, 26, of Hartsville, was sentenced to five years in federal prison after pleading guilty to conspiracy to distribute methamphetamine and crack cocaine.
Evidence presented to the court showed that, for the past four years, Moore was involved in a conspiracy to distribute methamphetamine and crack cocaine in Chesterfield and Darlington Counties. On January 24, 2019, an officer with the Hartsville Police Department responded to a local store where he located a car matching the description of one which had fled from him six days earlier. Upon searching the car, which belonged to Moore, the officer found more than six grams of methamphetamine. On February 13, 2019, officers with the Chesterfield County Sheriff’s Office, acting upon information that Moore was in possession of narcotics, attempted to apprehend him while he was sitting in his car. The officers activated their blue lights, drew their weapons, and commanded him to step out with his hands raised. Moore refused, put the car in reverse and, after almost hitting one of the officers, fled the scene. Officers then pursued Moore, who eventually drove the car into a ditch and fled on foot. During a search of the car officers found more than three grams of cocaine. Prior to these incidents, on multiple occasions in June and July of 2017, Moore sold methamphetamine in the Hartsville area to a confidential informant working for law enforcement. There were also a significant number of cooperating witnesses who said that during the course of the conspiracy, Moore sold them methamphetamine and crack.
Chief United States District Judge R. Bryan Harwell sentenced Moore to 60 months incarceration, to be followed by a four-year term of court-ordered supervision.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), Chesterfield County Sheriff’s Office, and Hartsville Police Department. Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.
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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.
Harrison County man admits to having more than 500 grams of methamphetamineRead the Press Release
CLARKSBURG, WEST VIRGINIA – Joseph Herbert Hobbs, of Reynoldsville, West Virginia, has admitted today to a methamphetamine charge, U.S. Attorney Bill Powell announced.
Hobbs, also known as “Joe,” age 38, pled guilty to one count of “Possession with Intent to Distribute 500 grams or more of Methamphetamine.” Hobbs admitted to having more than 500 grams of methamphetamine in Harrison County in February 2020.
Hobbs at least 10 years and up to life incarceration and a fine of up to $10,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Brandon S. Flower is prosecuting the case on behalf of the government. The Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge Thomas S. Kleeh presided.
Grand Jury - July 2020Read the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 21 unsealed Indictments charging 26 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Mario Alonzo Rodriguez, age 46, is charged with illegal reentry after deportation on or about June 29, 2020, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Jose Avila Reynoso, age 48, is charged with illegal reentry after deportation on or about June 16, 2020. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Orlando De Jesus Baralaga-Martinez, age 35, is charged with illegal reentry after deportation on or about December 30, 2019, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* John Bourisaw, age 28, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) on January 22, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment. Count II charges the defendant with using or possessing a firearm during a drug trafficking crime on or about January 22. 2020. The maximum possible penalty if convicted is life imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Carlos G. Diaz, age 18, of Victorville, California, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on May 28, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment.
* Luis Galvan-Borbolla, age 36, and Ignacio Palma, age 43, both of Omaha, are charged with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) on June 24, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about June 25, 2020.
* Taylor Grant, age 34, of Macy, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with assault resulting in serious bodily injury in Indian Country on or about June 15, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with domestic assault resulting in substantial bodily injury in Indian Country on or about June 15, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Joaquin Gutierrez, age 29, of Omaha, is charged with a felon in possession of a firearm on or about June 17, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Josue Jonathan Herrera, age 31, is charged with illegal reentry after deportation on or about April 29, 2020, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Wilson Hidalgo-Alvarado, age 39, is charged with illegal reentry after deportation on or about July 28, 2019, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Pascual Lopez-Bernabe, age 31, is charged with illegal reentry after deportation following a felony conviction on or about May 13, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Juan Antonio Lopez Tercero, age 35, is charged with illegal reentry after deportation on or about July 7, 2020. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Cleto Mendoza Ramiro, age 30, is charged with illegal reentry after deportation on or about July 2, 2020, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Gregory Neemann, age 54, and Michael Allison, age 50, both of Omaha, are charged in a three-count Indictment. Count I charges the defendants with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) beginning on or about March 9, 2020, and continuing to on or about March 13, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count II charges Neemann with possession with intent to deliver 50 grams or more of methamphetamine (actual) on March 13, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count III charges Allison with possession with intent to deliver 500 grams or more of methamphetamine (mixture) on March 13, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about March 13, 2020.
* Bany Nyuon, age 29, of Omaha, is charged with a prohibited person (felon) in possession of a firearm on or about March 5, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Lonnie L. Perry, age 28, is charged in a four-count Indictment. Count I charges the defendant with interference with Interstate Commerce by way of Robbery on or about October 25, 2017. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with brandishing a firearm during and in relation to a crime of violence on or about October 25, 2017. The maximum possible penalty if convicted is life imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with interference with Interstate Commerce by way of Robbery on or about November 5, 2017. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count IV charges the defendant with brandishing a firearm during and in relation to a crime of violence on or about November 5, 2017. The maximum possible penalty if convicted is life imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Sammie Odell Ranson, Jr., age 29, of Omaha, is charged in a three-count Indictment. Count I charges the defendant with interference with Interstate Commerce by way of Robbery on or about March 30, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with brandishing a firearm during and in relation to a crime of violence on or about March 30, 2020. The maximum possible penalty if convicted is life imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with interference with Interstate Commerce by way of Robbery on or about April 5, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Joseph Rauber, age 50, Almendra Escobedo-Orozco, age 35, Maria Sanchez-Delgado, age 26, and Silvia Flores-Martinez, age 25, are charged in a five-count Indictment. Count I charges Rauber and Escobedo-Orozco with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) beginning on or about March 1, 2020, and continuing to on or about May 28, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count II charges Rauber with possession with intent to deliver 50 grams or more of methamphetamine (actual) on March 17, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count III charges Rauber with possession with intent to deliver 50 grams or more of methamphetamine (actual) on or about May 12, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count IV charges Rauber with possession with intent to deliver 50 grams or more of methamphetamine (actual) on or about May 19, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count V charges Sanchez-Delgado and Flores-Martinez with possession with intent to deliver a detectable amount of marijuana on or about May 19, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, two-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about May 19, 2020 and May 28, 2020.
* Charlie Rea, age 29, of Chicago, Illinois, is charged with possession with intent to deliver 400 grams or more of fentanyl (mixture), and 500 grams or more of cocaine (mixture) on or about June 27, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about June 27, 2020.
* Delmus Wilkerson, age 52, of Omaha, is charged with possession with intent to deliver 10 grams or more of fentanyl (mixture) on or about April 21, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment.
* Zhijun Xia, age 29, of Omaha, is charged in a two-count Indictment. Count I charges the defendant with production of child pornography on or about June 1, 2018 and through on or about February 28, 2020. The maximum possible penalty is 30 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $50,000 additional special assessment. Count II charges the defendant with coercion and enticement of a minor beginning on or about July 9, 2020, through on or about July 11. 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment and $5,000 additional special assessment.
Government's Response in Opposition to Motion for Reduction in SentenceRead the Press Release
The United States opposes Defendant’s request for a reduction in sentence and compassionate release. Consideration of the issues taken into account in evaluating a compassionate release application leads to the conclusion that Defendant’s motion should be denied.
Government's ResponseGates Man Going to Prison for A Decade for Receiving Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Gary Zeitvogel, 46, of Gates, NY, who was convicted of receiving child pornography, was sentenced to serve 10 years in prison, followed by 20 years of supervised release, by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that in June 2019, Facebook alerted the National Center for Missing and Exploited Children (NCMEC) that the defendant appeared to be engaged in sexually explicit conversations with a 15 year-old female. Utilizing information provided by Facebook, NCMEC determined that Zeitvogel and the minor victim were both located in Rochester.
NCMEC forwarded the tip to the New York State Police, who located the victim and discovered that the defendant was serving a term of probation with the Monroe County Probation Department as a result of a prior conviction for endangering the welfare of a child. On July 1, 2019, State Police investigators and Monroe County Probation Officers searched the defendant’s residence in Gates and recovered a cell phone which contained the Facebook application, in violation of his probation conditions. Zeitvogel was taken in to custody for violating his probation.
A search warrant was executed on both the phone and Facebook account. Investigators observed over 1,500 images of child pornography on the phone, some of which depicted prepubescent minors, including the minor victim. Investigators also discovered sexually explicit conversations, which took place between March and June 2019, involving Zeitvogel and the minor victim. Investigators also determined that the two had been in contact at the defendant’s home.
The sentencing is the result of an investigation by the National Center for Missing and Exploited Children; the New York State Police, under the direction of Major Eric Laughton; Monroe County Child Protective Services, under the direction of director Kathy Cardilli; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.# # # #
Fremont Woman Pleads Guilty to Social Security FraudRead the Press Release
CONCORD - April Carroll, 62, of Fremont, pleaded guilty in federal court to social security fraud, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Carroll received Supplemental Security Income (“SSI”) benefits for over 9 years. Applicants for certain disability benefits, including SSI, must have limited income and resources in order to qualify for assistance. The incomes of all members of a household are considered when determining an individual’s eligibility for SSI benefits.
After several unsuccessful attempts to obtain social security disability benefits, in December 2010, Carroll successfully applied for SSI benefits by falsely claiming that she and her husband were separated and that her husband did not provide for any of her living expenses. In reality, she and her husband had lived together for more than 10 years and they comingled their assets, sharing in their household and other living expenses. Based on these false statements, SSA granted Carroll’s claim and began paying her social security disability benefits on April 1, 2011. Had Carroll told SSA the truth about her finances and living situation she would not have been eligible to receive SSI benefits.
SSA occasionally interviewed Carroll to determine if she remained entitled to benefits. During interviews in 2012, 2013, 2014, 2015, 2016, and 2018 Carroll again falsely claimed that she did not live with her husband and that she did not receive any financial support from him. On February 20, 2020, investigators interviewed Carroll at her home. During the interview, she admitted that she and her husband co-own their home and that they have a joint bank account where they comingle their assets. Carroll also admitted that her husband does not have an alternate address, lives full time at her residence, and that she should have reported this to the SSA. When asked about her prior claim to SSA that her husband had not lived with her for years, Carroll said “I lied.”
Due to Carroll’s concealment and false statements, SSA paid Carroll $77,953.00 in SSI benefits she was not entitled to receive.
Carroll is scheduled to be sentenced on November 2, 2020.
“Supplemental Security Income (SSI) benefits provide essential monetary support to qualified individuals,” said U.S. Attorney Murray. “The program is seriously undermined when applicants lie to obtain benefits. Persons who engage in this type of deceptive behavior will be held accountable in federal court.”
This matter was investigated by the Social Security Administration’s Office of the Inspector General. The case is being prosecuted by Assistant U.S. Attorney Matthew Hunter.
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Frederick County Felon Facing Federal Charges for Large-Scale Cocaine and Heroin Distribution OperationRead the Press Release
Baltimore, Maryland – A federal criminal information has been filed charging Lamonte Montae Young, Sr., a/k/a “Fats,” age 41, of Frederick, Maryland, on the federal charges of possession with intent to distribute controlled substances, possession of a firearm and ammunition by prohibited person, and possession of a firearm in furtherance of a drug trafficking crime. The criminal information was filed on June 12, 2020. Young had his initial appearance and arraignment in U.S. District Court late on July 24, 2020, and was ordered to be detained pending a detention hearing on Friday, July 31, 2020, at 10:00 a.m.
The federal charges were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; Frederick Police Acting Chief Patrick Grossman; Frederick County Sheriff Charles A. “Chuck” Jenkins; and Frederick County State’s Attorney J. Charles Smith.
According to the criminal information and other court documents, members of the Frederick Police Department and agents with Homeland Security Investigation (HSI) began investigating Young in December 2019 in connection with the large-scale distribution of cocaine in Frederick, Maryland. On February 25, 2020, law enforcement officers were conducting surveillance of Young and followed him into Virginia, where they observed Young engage in what they believed to be a drug transaction. As Young was driving back into Maryland from Virginia, law enforcement officers conducted a traffic stop on Young’s vehicle for windows that were illegally tinted. Officers called a canine unit to the scene. The canine alerted to the exterior of the vehicle for the odor of drugs. Law enforcement recovered two large boxes from the trunk of the vehicle and the boxes were found to contain more than 21 kilograms of cocaine and 1.5 kilograms of heroin.
Members of the Frederick High Intensity Drug Trafficking Area (HIDTA) Task Force then executed search warrants at four addresses in Frederick and Hagerstown, Maryland associated with Young. During a search of these locations, detectives seized an additional 344 grams of heroin, 3 handguns (1 reported stolen), and $270,000 in United States currency.
If convicted, Young faces a mandatory minimum sentence of 10 years and a maximum sentence of life in federal prison for possession with intent to distribute cocaine and heroin; a mandatory minimum sentence of 15 years and a maximum sentence of life in federal prison for possession of a firearm and ammunition by a prohibited person; and a mandatory consecutive minimum sentence of 5 years and a maximum sentence of life in federal prison for possession of a firearm in furtherance of a drug trafficking crime. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
A criminal information is not a finding of guilt. An individual charged by criminal information is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended HSI, the Frederick Police Department, Frederick County Sheriff’s Office, Maryland State Police, and the Frederick County State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Jeffrey J. Izant, who is prosecuting the case.
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Former UCLA Soccer Coach Enters Guilty Plea in College Admissions CaseRead the Press Release
BOSTON – The former men’s soccer coach at the University of California – Los Angeles (UCLA), entered a guilty plea today in connection with his involvement in a scheme to use bribery and fraud to facilitate the admission of applicants to UCLA.
Jorge Salcedo, 47, of Los Angeles, Calif., entered a guilty plea as to one count of conspiracy to commit racketeering. U.S. District Court Judge Indira Talwani deferred acceptance of the plea until sentencing, which is scheduled for Nov. 24, 2020. According to the terms of the plea agreement, the government will recommend a sentence at the low end of the sentencing guidelines, one year of supervised release, a fine, forfeiture in the amount of $200,000 and restitution.
In 2016, Salcedo agreed with William “Rick” Singer, Ali Khosroshahin – a former head coach of women’s soccer at the University of Southern California – and others to facilitate the admission of the daughter of Davina and Bruce Isackson to UCLA as a purported women’s soccer recruit. Salcedo emailed the UCLA women’s soccer coaches the Isacksons’ daughter’s transcript, test scores, and a fake soccer profile that he had received from Singer and Khosroshahin. When UCLA compliance officers questioned how the Isacksons’ daughter was discovered and whether she actually played soccer, Salcedo created a fake backstory about how he learned about the Isacksons’ daughter through a club team coach. Around June 29, 2016, UCLA provisionally admitted the Isacksons’ daughter as a recruited walk-on for the women’s soccer team. For his part in the deal, Salcedo received $100,000 of the $250,000 that the Isacksons paid Singer.
In 2018, Salcedo agreed with Singer and Khosroshahin to “recruit” the son of Xiaoning Sui, another client of Singer’s, to the UCLA men’s soccer team despite the fact that Sui’s son did not play soccer competitively. In the recruitment paperwork, Salcedo falsely reported that he had seen Sui’s son play in China and that he planned to offer him a 25% scholarship which would be “good value” for a player of his quality. Around Nov. 6, 2018, as a result of Salcedo’s recruitment, Sui’s son was admitted to UCLA as a student-athlete on the men’s soccer team with a 25% scholarship. In exchange, Salcedo accepted a $100,000 bribe from Singer, who had been paid $400,000 by Sui.
Salcedo also agreed with Singer to recruit another student. During a consensually recorded call on Nov. 30, 2018, Singer proposed to Salcedo that he had another student for Salcedo to recruit who was not a “real soccer player.” Singer asked Salcedo if they could “do the same deal we did with” Sui’s son. After Singer clarified that the deal would be for 2020, Salcedo affirmed that he could give the student a scholarship in return for $100,000.
Singer, Khosroshahin, Davina and Bruce Isackson, and Sui have all pleaded guilty to their roles in the offense. Sui was sentenced to time served of approximately five months in prison. Singer, Khosroshahin and Davina and Bruce Isackson are cooperating with the government’s investigation.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of racketeering conspiracy provides for a sentence of up to 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, Kristen A. Kearney, Karin M. Bell and Stephen E. Frank of Lelling’s Criminal Division are prosecuting the case.
Former Long Island Doctor Pleads Guilty to Conspiring to Illegally Distribute OxycodoneRead the Press Release
Earlier today, in federal court in Central Islip, Tameshwar Ammar, a former medical doctor in Roslyn, New York, pleaded guilty via teleconference to conspiring to illegally distribute oxycodone. Ammar was indicted in November 2019. On June 22, 2020, he relinquished his license to practice medicine. Today’s plea was entered before United States District Judge Denis R. Hurley. As part of his plea, Ammar agreed to forfeit approximately $245,700 as proceeds involved in the oxycodone offense. When sentenced, Ammar faces up to 20 years in prison.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, and Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), announced the guilty plea.
As set forth in the indictment and other court filings, between 2013 and 2019, Ammar illegally prescribed thousands of highly addictive oxycodone pills to two individuals identified in the indictment as John Doe 1 and John Doe 2. According to a review of Ammar’s medical files for the two individuals, Ammar wrote the prescriptions without any diagnostic proof that either had a legitimate medical necessity. Ammar prescribed oxycodone pills to John Doe 1, knowing that he intended to sell the pills to others. In addition, after learning that John Doe 2 had been admitted to a psychiatric facility in March 2018, Ammar continued to prescribe John Doe 2 with oxycodone as well as methadone. In July 2019, John Doe 2 died of a drug overdose caused by oxycodone, methadone and ketamine. After his arrest on November 7, 2019, Ammar was ordered by the Court to surrender his DEA registration.
“Today’s guilty plea establishes that the defendant, who was a doctor, essentially acted as a drug dealer, spreading injury and addiction without regard for the consequences,” stated Acting United States Attorney DuCharme. “This Office and our partners at the DEA are working tirelessly to combat the opioid epidemic on Long Island and elsewhere, including by prosecuting medical professionals who betray their oath to do no harm.” Mr. DuCharme also thanked the U.S. Department of Health and Human Services, Office of Inspector General, New York Region, for their assistance during the investigation.
“Dr. Ammar’s plea shows us that his motivation was greed, not the welfare and health of his patients. Instead of healing, he chose a dangerous path of causing addiction, overdose, and overwhelming suffering to many. I commend the DEA Long Island Tactical Diversion Squad, the U.S. Attorney’s Office for the Eastern District of New York and our law enforcement partners for pursuing the investigation and prosecution with diligence and determination,” stated DEA Special Agent-in-Charge Donovan.
The government’s investigation was led by the DEA’s Long Island Tactical Diversion Squad, comprising agents and officers of the DEA, Nassau County Police Department (NCPD), Suffolk County Police Department, Port Washington Police Department and Rockville Centre Police Department. The DEA Tactical Diversion Squad also worked in conjunction with officers and agents of the U.S. Department of Health & Human Services Office of the Inspector General and the Hempstead Police Department.
This case is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York as part of the Prescription Drug Initiative. In January 2012, this Office and the DEA, in conjunction with the five District Attorneys in this district, the Nassau and Suffolk County Police Departments, the New York City Police Department, the New York State Police and other key federal, state and local government partners launched the Initiative to mount a comprehensive response to what the United States Department of Health and Human Services Center for Disease Control and Preventions called an epidemic increase in the abuse of so-called opioid analgesics. To date, the Initiative has brought over 160 federal and local criminal prosecutions, including the prosecution of over 20 health care professionals; taken civil enforcement actions against a hospital, a pharmacy and pharmacy chain; removed prescription authority from numerous rogue doctors and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers. The Initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Bradley T. King and Madeline O’Connor are in charge of the prosecution.
The Defendant:
TAMESHWAR AMMAR
Age: 52
Amityville, New YorkE.D.N.Y. Docket No. 19-CR-516 (DRH)
Former Financial Consultant Pleads Guilty to Fraud, Money Laundering, and Tax OffensesRead the Press Release
East St. Louis, Ill. – Douglas J. Kiffmeyer, 45, of Granite City, Illinois, pleaded guilty today to a 17-count federal indictment that charged wire fraud, failure to file individual and corporate income tax returns, and money laundering.
Kiffmeyer held himself out to the public as a retirement planner, financial consultant, and tax advisor. He operated businesses under the names of Modern Retirement Professionals and Kiffmeyer
Tax Advisory Group, Inc. He solicited funds from clients for personal investments and made personal expenditures with investor funds that totaled approximately $1.5 million. Very little of the investor funds were ever used for their intended purpose, with most of the funds going to pay for
Kiffmeyer’s personal expenses. None of the money received was reported by Kiffmeyer as income to the corporation or as personal income to the Internal Revenue Service.Sentencing is scheduled for Nov. 10, 2020. The charges against Kiffmeyer were the result of an investigation conducted by the Illinois Securities Department and the Internal Revenue
Service Criminal Investigation division.
Former Employee at Middlesex County Warehouse Leased by Federal Government Admits Theft of Hundreds of iPhonesRead the Press Release
TRENTON, N.J. – A Somerset County, New Jersey, man admitted today that he stole almost 300 iPhones that had been seized by Customs and Border Protection (CBP) and were temporarily stored at a warehouse in Dayton, New Jersey, U.S. Attorney Craig Carpenito announced.
Joel Cruz, 27, of Franklin Park, New Jersey, pleaded guilty today by videoconference before U.S. District Court Judge Michael Shipp to an information charging him with theft from an interstate or foreign shipment.
According to documents filed in this case and statements made in court:
In November 2014, CBP seized approximately 14 boxes, containing 628 iPhones, from Boston Logan International Airport. All of the boxes were shipped from the United States, and were en route to Dubai, United Arab Emirates. After their seizure, the boxes were consolidated into six containers, each containing a unique shipping code, and were shipped and delivered to the Dayton warehouse.
Cruz was an employee of Company 1, which had contracted with the Treasury Executive Office for Asset Forfeiture (TEOAF), a federal agency, to provide services regarding the management of property seized by CBP and stored at the warehouse. Company 1 contracted with third parties, including Company 2, to provide temporary contractors to work at the warehouse.
Between Jan. 9, 2015, and Feb. 2, 2015, Cruz scanned the location of the seized boxes inside the warehouse and stole 292 iPhones worth $218,372. He removed the iPhones from the warehouse on separate occasions by concealing them in his pants, boots, and jacket. Luis Ramos, a Company 2 employee, assisted Cruz in removing a small number of the iPhones in exchange for one or two of the phones. Ramos was previously charged in connection with his role in the scheme, and those charges remain pending.
Cruz provided 175 to 200 of the stolen iPhones to a former employee of the warehouse to sell on Cruz’s behalf. Cruz sold the remaining stolen iPhones on his own.
The theft from interstate or foreign shipment carries a maximum potential penalty of 10 years in prison and is punishable by a fine of $250,000 or twice the amount of the pecuniary gain or loss from the offense.
U.S. Attorney Carpenito credited special agents of the U.S. Department of Homeland Security, Office of Inspector General, Newark Field Office, under the direction of Assistant Special Agent in Charge Brian C. McCarthy; U.S. Department of Homeland Security, Federal Protective Service, Region 2, under the direction of Regional Director Robert Sooter; Customs and Border Protection, Office of Professional Responsibility, SAC/NYC, under the direction of Special Agent in Charge Vance Kuhner; and the U.S. Department of Treasury, Office of Inspector General, Washington, D.C., under the direction of Assistant Inspector General for Investigations Sally D. Luttrell with the investigation leading to today’s guilty plea.
The government is represented by Senior Trial Counsel Leslie F. Schwartz of the U.S. Attorney’s Office Special Prosecutions Division in Newark.
Former Department of Defense Employee Pleads Guilty to Strangulation and Knife Assault while Living OverseasRead the Press Release
An Oklahoma City, Oklahoma man pleaded guilty today in the Western District of Oklahoma for assaulting two neighbors inside their apartment building in Okinawa, Japan, while working for the U.S. Armed Forces overseas as a civilian engineer.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Timothy J. Downing of the Western District of Oklahoma, and U.S. Air Force Office of Special Investigations Commander Brigadier General Terry L. Bullard made the announcement.
Brendan Rowin Figuly, 31, pleaded guilty to two counts of assault resulting in serious bodily injury before U.S. District Court Judge Bernard M. Jones. Sentencing has not yet been scheduled.
As alleged in the government’s previous charging documents, Figuly was living in Okinawa, Japan, in connection with his employment for the U.S. Armed Forces. Figuly was a civilian engineer working at Kadena Air Force Base in Okinawa. On April 11, 2020, Figuly was living in a multi-unit apartment building off-base. That afternoon, he entered the apartment of a female neighbor, E.M., armed with a box cutter knife, and demanded to know where their landlord was, claiming that he wanted to kill the landlord. Figuly then attacked E.M., strangling her until she fell unconscious, cutting her fingers with a knife, and striking her in the face with a baking dish. E.M. fled to her apartment balcony, and Figuly pursued her, breaking the balcony door in the process. E.M.’s husband J.M. then entered the apartment, at which point Figuly threatened to kill J.M. Figuly then assaulted J.M. with a box cutter knife, before J.M. and another neighbor subdued Figuly.
The investigation was conducted by the U.S. Air Force Office of Special Investigations. The prosecution is being handled by Trial Attorney Mona Sahaf of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Jason Harley of the Western District of Oklahoma.
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.
Former Department of Defense Employee Pleads Guilty to Strangulation and Knife Assault While Living OverseasRead the Press Release
OKLAHOMA CITY – An Oklahoma City man pleaded guilty today in the Western District of Oklahoma for assaulting two neighbors inside their apartment building in Okinawa, Japan, while working for the United States Armed Forces overseas as a civilian engineer, announced U.S. Attorney Timothy J. Downing, Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, and Air Force Office of Special Investigations Commander Brigadier General Terry L. Bullard.
Brendan Rowin Figuly, 31, pleaded guilty to two counts of assault resulting in serious bodily injury. For each count of assault resulting in serious bodily injury, Figuly faces a maximum penalty of up to ten years and a fine up to $250,000. Figuly will be sentenced in approximately 90 days.
According to admissions made as part of his plea, Figuly was living in Okinawa, Japan, in connection with his employment for the U.S. Armed Forces. Figuly was a civilian engineer working at Kadena Air Force Base in Okinawa. On April 11, 2020, Figuly was living in a multi-unit apartment building off-base. That afternoon, he entered the apartment of a female neighbor, E.M., armed with a box cutter knife, and demanded to know where their landlord was, claiming that he wanted to kill the landlord. Figuly then attacked E.M., strangling her until she fell unconscious, cutting her fingers with a knife, and striking her in the face with a baking dish. E.M. fled to her apartment balcony, and Figuly pursued her, breaking the balcony door in the process. E.M.’s husband J.M. then entered the apartment, at which point Figuly threatened to kill J.M. Figuly then assaulted J.M. with a box cutter knife, before J.M. and another neighbor subdued Figuly.
The investigation was conducted by the U.S. Air Force Office of Special Investigations. The prosecution is being handled by Assistant U.S. Attorney Jason Harley of the Western District of Oklahoma and Trial Attorney Mona Sahaf of the Criminal Division’s Human Rights and Special Prosecutions Section.
Reference is made to court filings for further information. To download a photo of U.S. Attorney Downing, click here.
Former Co-Owner of New Jersey Marketing Company Admits Role in $8.8 Million Compounded Prescription Drug SchemeRead the Press Release
NEWARK, N.J. – The former co-owner of a New Jersey marketing company today admitted her role in a scheme to defraud public and private health benefits programs of at least $8.8 million for the billing of medically unnecessary compounded prescriptions, U.S. Attorney Craig Carpenito announced.
Christine Myers, 38, of Phillipsburg, New Jersey, pleaded guilty by videoconference before U.S. District Judge John Michael Vazquez to an information charging her with conspiracy to commit health care fraud.
“In an era when many Americans worry about securing health insurance for their families, we’ve seen far too many instances where both private and publicly funded insurance providers are being raided for millions in phony reimbursements on compounded medications,” U.S. Attorney Carpenito said. “Myers admitted that she and others sought to defraud insurers by recruiting the very people who enjoy that coverage, offering them cash bribes to get medications they didn’t need. Her conviction should serve as a warning to those who would exploit their health coverage for financial gain.”
FBI Newark Acting Special Agent in Charge Joe Denahan said, “Christine Myers treated health insurance plans as a vehicle to line her own pockets when she engaged in an elaborate scheme that resulted in defrauding insurers out of at least $8.8 million. The FBI, in conjunction with our law enforcement partners, will continue to investigate and bring to justice criminals who defraud the system and cheat the American taxpayer.”
According to documents filed in this case and statements made in court:
Compounded medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Although compounded drugs are not approved by the Food and Drug Administration (FDA), they are properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient, such as if a patient is allergic to a dye or other ingredients in the prescription.
Between February 2015 and February 2017, Myers participated in a conspiracy that involved the submission of fraudulent prescriptions for compounded medications to public and private insurance plans. The scheme centered on the discovery that certain insurance plans paid for prescription compounded medications – including scar creams, wound creams, and metabolic supplements/vitamins – at exorbitant reimbursement rates.
Myers exploited this opportunity through creating a New Jersey marketing company (Marketing Company-1) and hiring sales representatives to work on the company’s behalf. At Myers’ direction, the sales representatives targeted individuals who had insurance plans that covered compounded medications. The sales representatives then convinced those individuals to obtain prescriptions for compounded medications, regardless of medical necessity, often by providing them with cash payments. The individuals were then directed to certain telemedicine companies, which Marketing Company-1 or its affiliates paid, to receive the prescriptions.
Once the prescriptions were written, they were filled by certain compounding pharmacies with which Marketing Company-1 conspired. The compounding pharmacies would then receive reimbursement from the insurance plans, and would pay Marketing Company-1 a percentage of the reimbursement amount. As one of the owners of Marketing Company-1, Myers retained a portion of the payment and provided a “commission” payment to the relevant sales representative.
Two sales representatives that worked for Marketing Company-1, Christopher Frusci and Enver Kalaba, were former Metropolitan Transportation Authority (MTA) employees. Since the MTA’s health insurance plan covered compounded medications, Frusci and Kalaba targeted co-workers at the MTA and paid them cash bribes for every compounded prescription they submitted. Frusci and Kalaba have both previously pleaded guilty to conspiracy to commit health care fraud charges based on their respective roles in the scheme. On Feb. 7, 2019, Kalaba was sentenced in Newark federal court to 20 months in prison and one year of supervised release, and must forfeit $138,630 in criminal proceeds he received for his role in the scheme and pay restitution of $2.9 million. Frusci is awaiting sentencing.
“The global pandemic brings into stark relief how critical it is to have access to affordable healthcare,” MTA Inspector General Carolyn Pokorny said. “That this individual recruited former MTA employees to help steal millions of dollars from taxpayers, riders and other transportation stakeholders is especially despicable. We will continue to work with our law enforcement partners in this ongoing investigation to ensure that anyone else involved with the scheme is brought to justice.”
“Protecting TRICARE, the healthcare system for U.S. military members and their dependents, is a top priority for the Defense Criminal Investigative Service (DCIS),” Special Agent in Charge Leigh-Alistair Barzey, DCIS Northeast Field Office, said. “Schemes to defraud TRICARE, such as those alleged in the information announced today, waste precious resources and ultimately threaten the quality of health care that our Service members and their families deserve. Myers' guilty plea is the result of a joint effort by the U.S. Attorney’s Office, the DCIS, the FBI and MTA-OIG, and it demonstrates the ongoing commitment of the DCIS to work with its law enforcement partners to investigate and prosecute those who engage in health care fraud.”
The count of conspiracy to commit health care fraud is punishable by a maximum of 10 years in prison and a fine of $250,000 fine, or twice the gross gain or loss from the offense. As part of her plea agreement, Myers must forfeit $1.475 million in criminal proceeds she received for her role in the scheme and pay restitution of at least $8.8 million. Sentencing is scheduled for Dec. 1, 2020.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Acting Special Agent in Charge Denahan; the U.S. Department of Defense, Defense Criminal Investigative Service, under the direction of Special Agent in Charge Leigh-Alistair Barzey; and the Office of the Inspector General, Metropolitan Transportation Authority, under the direction of Inspector General Pokorny, with the ongoing investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Adam Baker of the U.S. Attorney’s Office, Opioid Abuse Prevention and Enforcement Unit in Newark.
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Defense counsel: Marc A. Agnifilo Esq., New York
Former Ashley Borough Police Officer Sentenced to 15 Years’ Imprisonment for Sexually Assaulting Two WomenRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former Ashley Borough Police Officer, Mark Icker, age 30, was sentenced on July 24, 2020, by U.S. District Court Judge Malachy E. Mannion to 15 years’ imprisonment for violating the civil rights of two females in custody whom he sexually assaulted.
According U.S. Attorney David J. Freed, Icker worked as a police officer for the Ashley Borough Police Department in December 2018. On December 3, 2018 and December 10, 2018, Icker, while acting under color of the laws of the Commonwealth of Pennsylvania, willfully deprived two women of their liberty without due process of law, which includes the right to bodily integrity, by coercing the women into engaging in unwanted sexual contact with him.
“The lengthy sentence imposed in this case sends some very important messages,” said U.S. Attorney Freed. “First, that we will not stand for criminal behavior by predators hiding behind a badge. Second, that law enforcement at all levels in the Middle District Of Pennsylvania remains unified in our mission to protect our citizens no matter who the perpetrator is. Finally, and most important, that when brave survivors stand up to make their voices heard, we will pursue justice for them with whatever it takes. The outstanding work of the investigators in this case and the courage and grace of the victims cannot be overstated.”
“It is hard to comprehend why Mark Icker felt entitled to treat women this way,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “In violating his victims’ bodies, he violated their civil rights. He betrayed not just his sworn oath, but his community and colleagues. We in law enforcement are granted significant authority in order to do our jobs and Icker misused those powers for his own sick gratification. We’re now gratified to see him held accountable.”
“No one is above the law least of all those trusted few who are depended upon to enforce it without fear or favor,” said District Attorney Stefanie Salavantis. “Our office will not hesitate to prosecute an officer who breaches this sacred trust, violates the law, and uses his badge as a tool to prey upon defenseless citizens particularly women. I want to thank U.S. Attorney David Freed and Assistant U.S. Attorney Michelle Olshefski for their assistance in this case and helping to bring justice to Icker’s victims. While we cannot condemn all law enforcement for the actions of any individual, we also will not ignore misconduct within law enforcement ranks. We know that hundreds of Luzerne County police officers go out every day and protect us under the most intense scrutiny. Hopefully, this step makes it clear once again that crime victims and police officers can expect fair and impartial justice from this Office no matter the cost. The world is a safer place with Icker off the streets and behind bars. His criminal conduct does not cast a pall on the men and women who put their lives on the line every day to protect us.”
Judge Mannion also ordered Icker to comply with the Sexual Offender and Registration Notification Act (SORNA), a national system for the registration of sex offenders.
Icker was terminated from his position with the Ashley Borough P.D. in December 2018. Icker was also terminated from part-time positions he held with the Sugar Notch and Jessup Police Departments.
This case was investigated by the Scranton Office of the FBI - Philadelphia Division, and Detectives from the Luzerne County District Attorney’s Office. Prosecution was assigned to Assistant United States Attorneys Michelle Olshefski and Jeffery St. John of the Middle District of Pennsylvania and Trial Attorney Shan Patel of the Civil Rights Division of the U.S. Department of Justice.
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Florida Man who Used COVID-Relief Funds to Purchase Lamborghini Sports Car Charged in Miami Federal CourtRead the Press Release
A Florida man was arrested and charged with fraudulently obtaining $3.9 million in Paycheck Protection Program (PPP) loans and using those funds, in part, to purchase a sports car for himself. Authorities seized a $318,000 sports car and $3.4 million from bank accounts at the time of arrest.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge Kyle A. Myles of the Federal Deposit Insurance Corporation (FDIC) Office of Inspector General (OIG), Office of Investigation’s Atlanta Regional Office, Inspector in Charge Antonio Gomez of the U.S. Postal Inspection Service’s (USPIS) Miami Division, Special Agent in Charge Kevin A. Kupperbusch of the U.S. Small Business Administration (SBA)-OIG, Investigations Division, Eastern Regional Office, Special Agent in Charge Michael J. De Palma of the IRS-Criminal Investigation (CI) Miami Office, and Acting Special Agent in Charge Stephen Donnelly of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection-OIG, Eastern Region, made the announcement.
David T. Hines, 29, of Miami, Florida, was charged by criminal complaint, unsealed today upon his initial appearance before U.S. Chief Magistrate Judge John J. O’Sullivan in the Southern District of Florida, with one count of bank fraud, one count of making false statements to a financial institution and one count of engaging in transactions in unlawful proceeds.
The complaint alleges that Hines sought approximately $13.5 million in PPP loans through applications to an insured financial institution on behalf of different companies. The complaint alleges that Hines caused to be submitted fraudulent loan applications that made numerous false and misleading statements about the companies’ respective payroll expenses. The financial institution approved and funded approximately $3.9 million in loans.
The complaint further alleges that within days of receiving the PPP funds, Hines purchased a 2020 Lamborghini Huracan sports car for approximately $318,000, which he registered jointly in his name and the name of one of his companies. In the days and weeks following the disbursement of PPP funds, the complaint alleges that Hines did not make payroll payments that he claimed on his loan applications. He did, however, make purchases at luxury retailers and resorts in Miami Beach.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted March 29. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the FDIC-OIG, USPIS, IRS-CI, the SBA-OIG, and the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection-OIG. Trial Attorney Emily Scruggs of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Michael Berger of the Southern District of Florida are prosecuting the case.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Federal Grand Jury Indicts Man for Gun and Drug OffensesRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced that JAMAL SMITH, age 31, a resident of New Orleans, Louisiana, was charged on July 24, 2020 in a six-count indictment by a Federal Grand Jury for violations of the Federal Gun Control Act and the Federal Controlled Substances Act.
SMITH is charged in Counts 1 and 4 with possession with intent to distribute a quantity of marijuana, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(D). In Counts 2 and 5, SMITH is charged with possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A). In Counts 3 and 6, SMITH is charged with possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Section 922(g)(1).
If convicted of Counts 1 and 4, SMITH faces a maximum sentence of 5 years imprisonment, a $250,000 fine, up to 2 years of supervised release, and a special assessment fee of $100. If convicted of Counts 2 and 5, SMITH faces a mandatory minimum sentence of 5 years up to life imprisonment for each count, which is to run consecutively to all other sentences, a $250,000 fine, up to 5 years of supervised release and a special assessment fee of $100. If convicted of Counts 3 and 6, SMITH faces a maximum term of imprisonment of 10 years, a $250,000 fine, up to 3 years of supervised release, and a special assessment fee of $100.
U. S. Attorney Strasser reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: the New Orleans Police Department and the Federal Bureau of Investigation.
For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
The case was investigated by the New Orleans Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Elizabeth Privitera, Inga Petrovich and David Haller of the Violent Crime Unit of the U.S. Attorney’s Office.
El Departamento de Justicia Resuelve una Acusacion contra una Compañía de Contrataciones con Sede en Virginia por Dar Preferencia, de Manera Impropia, a Trabajadores con Visas Temporales sobre Trabajadores en Este PaísRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con ASTA CRS, Inc., un proveedor de servicios de contratación y asesoría en el ámbito de la informática que tiene oficinas en Ashburn, Virginia, y Greenbelt, Maryland. Este representa el noveno acuerdo al amparo de la Iniciativa para la Protección de los Trabajadores en los EE. UU. de la División de Derechos Civiles. Su meta es enfocarse en, investigar a y tomar medidas de aplicación de la ley contra compañías que discriminen a trabajadores en este país a favor de trabajadores con visas temporales. El acuerdo resuelve una acusación de que la oficina de ASTA en Maryland discriminó a trabajadores en este país por motivos de su estatus de ciudadanía al publicar una oferta de trabajo que indicó una preferencia por trabajadores no ciudadanos de los EE. UU. que tenían visas temporales de trabajo.
«Cuando una compañía anuncia un puesto de trabajo y declara su preferencia por trabajadores con visas temporales, disuade a trabajadores cualificados y disponibles en este país de solicitarlo y deniega a trabajadores en este país la igualdad de oportunidades para competir para aquel empleo», declaró Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «Que quede claro nuestro mensaje para los trabajdores: si una compañía anuncia una preferencia por trabajadores con visas temporales sobre trabajadores en este país, el Departamento de Justicia la hará rendir cuentas ante sus acciones. Esto es especialmente importante en un momento en que más trabajadores en este país podrían estar buscando empleo como resultado del impacto económico de COVID-19».
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) ha llegado a numerosos acuerdos bajo la Iniciativa para la Protección de los Trabajadores en los EE. UU. y empleadores han distribuido o acordado distribuir un total combinado de más de 1,2 millónes de dólares por concepto de pagos retroactivos a trabajadores afectados en este país y sanciones civiles a los Estados Unidos. Estos acuerdos implican empleadores que discriminaron en su uso de los programas de visa de H-1B, H-2A, H-2B y F-1.
Con base en su investigación de ASTA, el Departamento concluyó que la oficina de ASTA en Maryland publicó una oferta de trabajo dirigida exclusivamente a trabajadores no ciudadanos de los EE. UU. con ciertas visas temporales, entre ellos las visas H-1B y las visas estudiantiles F-1. La disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) prohíbe que los empleadores discriminen en los procesos de contratación dando preferencia a candidatos con visas temporales de trabajo sobre a trabajadores en este país. Conforme la INA, a los empleadores queda prohibido discriminar a trabajadores por motivos de la ciudadanía, el estatus migratorio o la nacionalidad de origen de los mismos en cualquiera de las fases del proceso de contratación, lo que incluye la publicación de ofertas de trabajo, independientemente de si tal discriminación afecta el resultado final de la contratación.
Según los términos del acuerdo, ASTA capacitará a sus empleados en cuanto a los requisitos de la disposición antidiscriminatoria de la INA, cambiará sus políticas y procedimientos para que cumplan con esta ley y se someterá a los requisitos de supervisión por parte del Departamento durante dos años, lo que incluye la entrega de informes rutinarias al Departamento.
La Sección de IER de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación con base en su estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; las prácticas documentales injustas; y las represalias o la intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Para más información sobre protecciones contra la discriminación en el empleo, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe en correo electrónico a [email protected]; o visite las páginas web de la IER en inglés y español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
La División de Derechos Civiles quiere enterarse de más vulneraciones de derechos civiles. Miembros del público pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.
Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o deben llamar a la línea directa de la IER para trabajadores para pedir ayuda.
Deported Alien from the Dominican Republic Pleads Guilty to Drug and Immigration ViolationsRead the Press Release
PITTSBURGH, Pa. - A former resident of the Dominican Republic pleaded guilty in federal court on Monday, July 27, 2020, to violations of the federal narcotics and immigration laws, United States Attorney Scott W. Brady announced today.
Eduard Guzman Rijo, age 49, formerly of Santo Domingo, Dominican Republic, pleaded guilty before Senior United States District Judge Nora Barry Fischer to Count One of an Indictment charging him with conspiring to possess with intent to distribute and to distribute one kilogram or more of heroin and 400 grams or more of fentanyl; and to a one-count Information charging him with illegally re-entering the United States after removal.
In connection with the guilty plea, the Court was advised that on January 30, 2019, investigators with the Federal Bureau of Investigation and Pennsylvania State Police Drug Law Enforcement Division executed a search warrant at an apartment located in Pittsburgh, which was utilized by Rijo and his coconspirators, Brandon Winters and Erick Martinez. Upon entry into the apartment, case agents located Rijo, Winters, and Martinez, approximately 1,500 "bricks" (the equivalent of roughly 75,000 individual dosage units) containing mixtures of heroin and fentanyl. Additionally, case agents seized over $250,000 in U.S. Currency, which was found in and around Mr. Rijo and his coconspirators. The Court was further advised that Rijo, an alien from the Dominican Republic, was previously deported from the United States in 1993, 2003, and 2018, and that he subsequently re-entered the United States prior to his apprehension on January 30, 2019, in Allegheny County, Pennsylvania, without authorization from the appropriate government officials.
Judge Fischer scheduled sentencing for Nov. 24, 2020, at 9:30 a.m. The law provides for a total sentence of not less than 10 years up to life in prison, a fine not to exceed $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Jerome A. Moschetta and Tonya Sulia Goodman are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation that led to the prosecution of Rijo.
Department of Justice Announces Guidance on Religious Liberty Protections in Grant ProgramsRead the Press Release
Following the Supreme Court’s opinion in Espinoza v. Montana Department of Revenue, today the Department of Justice issued guidance summarizing religious liberty protections applicable to organizations that participate in the Department’s grant programs. The guidance, an initiative of the Department’s Religious Liberty Task Force, reiterates the fundamental premise affirmed by the Supreme Court in Espinoza that “[t]he Free Exercise Clause . . . ‘protects religious observers against unequal treatment’ and against ‘laws that impose special disabilities on the basis of religious status.’” [1] For that reason, absent a compelling government interest, the Department shall not disqualify otherwise eligible recipients from a public benefit solely because of their religious character.
“The Department is pleased to work with a diverse array of organizations, including faith-based organizations, to provide critical services to our communities,” said Claire McCusker Murray, Principal Deputy Associate Attorney General and co-Vice-Chair of the Religious Liberty Task Force. “We recognize that faith-based organizations may have questions or concerns about how they can provide these secular services while maintaining their religious character. The guidance released today is intended to answer those questions and help ensure that faith-based organizations can compete on an equal footing with secular organizations for Department grants.”
“The guidance is an important affirmation of the Department’s commitment to ensure that individuals and organizations driven by faith to serve the community are not subject to unequal treatment by virtue of their religious identity,” said Beth A. Williams, Assistant Attorney General for the Office of Legal Policy and co- Vice-Chair of the Religious Liberty Task Force.
As a corollary to the guidance, the Office of Justice Programs (OJP), the Department’s largest grant-funding component, created a comprehensive webpage to provide information on federal law protections for faith-based and other organizations. The webpage also facilitates the submission of complaints if an organization believes that it has been discriminated against. OJP administers grant programs for a wide array of public safety initiatives. Last year alone, OJP awarded grants totaling over $5 billion.
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
To view the guidance, please click here.
[1] Espinoza v. Mont. Dep’t of Revenue, No. 18-1195, 2020 WL 3518364, --- U.S. --- (U.S. June 30, 2020), slip op. at 5 (citation omitted).
Delaware County Man Sentenced to over 12 Years for Bank Robbery Spree in Montgomery and Delaware CountiesRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that David Charles Hayes, 33, of Sharon Hill, PA, was sentenced to 151 months in prison, three years of supervised release and ordered to pay $43,632 in restitution by United States District Judge Mark A. Kearney for robbing nine banks in Montgomery and Delaware counties between April and December 2018.
In November 2019, Hayes pleaded guilty to all nine robberies. He robbed these banks by entering with his face covered, usually with a bandana, hat and sunglasses, and approaching tellers and demanding that money be handed over. In each case, he issued threats to the bank employees he encountered, ranging from physical harm (e.g., “don’t do anything goofy or I will hurt you”) to threats of death (e.g., “if you want to make it home to your kids, don’t push any buttons or try anything”). The defendant stole over $43,000 total during these robberies.
During the commission of one of the robberies, the defendant was given a security dye pack along with the stolen money, which began smoking and released a colored dye when it was removed from the bank. Hayes discarded the dye pack and the gloves he was wearing, and police recovered this evidence, which was tested for DNA. The defendant was found to be match and a warrant for his arrest was issued. He was taken into custody at Sugar House Casino, where he admitted to gambling his robbery proceeds.
“Bank robbery is a serious federal offense that can carry stiff penalties,” said U.S. Attorney McSwain. “During his crime spree, Hayes threatened many innocent people and now he will pay the price. I want people to know that committing a violent crime in the Eastern District of Pennsylvania carries a tremendous risk of a long prison sentence, which is the point of our new anti-violence public awareness campaign. You can learn more about this campaign on our District website.”
“David Hayes was quite a prolific robber, targeting nine banks in nine months across multiple police jurisdictions,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “The FBI and our law enforcement partners were determined to put a stop to his one-man spree. Working together, we were able to take him off the street and see him brought to justice.”
The case was investigated by the Federal Bureau of Investigation, with assistance from the Ridley Township Police Department, the Glenolden Borough Police Department, the Sharon Hill Police Department, the Radnor Township Police Department, the Lower Merion Township Police Department, and the Pennsylvania State Police. It is being prosecuted by Assistant United States Attorney Amanda R. Reinitz.
Convicted felon sentenced to 110 months on federal firearm chargeRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today, Michael Price, 46, Indianapolis, Ind., was sentenced by U.S. District Court Judge James R. Sweeney II, to 110 months in federal prison for being a convicted felon in possession of a firearm.
“Mr. Price is a convicted felon who lost his right to carry a firearm.” said Minkler. “He choose to violate federal law and shoot someone in the process. This sentence should be a warning to others that want to choose the same path as Mr. Price. If you illegally possess a firearm you are headed down the same path as Price, straight to federal prison.”
On January 17, 2018, Indianapolis Metropolitan Police Department responded to 1746 Spruce St., Indianapolis, IN in response to a call of shots fired. Upon arrival, officers encountered a victim who had a gunshot wound in the leg. The victim and two other witnesses, all identified the shooter as a white male named "Michael" who fled in a red truck.
After a radio broadcast of the suspect's description and vehicle, IMPD officers encountered a vehicle matching the description approximately 2 miles away in the area of 25th Street and Troy Avenue. Officers stopped the vehicle and identified the driver as Michael Price.
A license check indicated that Price was a habitual traffic offender. Officers also saw a black semi-automatic handgun was in plain view, on the front passenger seat. A loaded magazine was also in plain view, on the driver's side floorboard. Price indicated that he had been at the Spruce St. house, and was in an argument with one of the occupants. The argument turned into a fight, and during the fight, Price fired shots from a revolver.
Price believed that an individual at the Spruce Street address had taken money that belonged to him. When he arrived at the residence he exited his vehicle with the loaded handgun drawn. As the occupants of the residence were attempting to shut the door and enter the house, Price shot into the door four times striking one of the occupants.
A review of Price’s criminal history revealed that he has two prior felony convictions for dealing in a controlled substance.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Indianapolis Metropolitan Police Department.
“ATF is proud to work side by side with our partners, including IMPD, to make sure that violent criminals like Michael Price no longer threaten the residents of Indianapolis,” stated ATF Special Agent in Charge Jonathan McPherson. “Cooperation with our law enforcement partners acts as a multiplier in our efforts to remove violent criminals from the streets and make our communities safer.”
According to Assistant United States Attorney Brad Shepard, who prosecuted this case for the government, Price must also serve three years of supervised release following his sentence.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution sentencing demonstrates the office’s firm commitment to target, investigate, and prosecute defendants committing violent crimes. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Sections 2.2 and 2.3
Colorado U.S. Attorney Commemorates 30th Anniversary of the Americans with Disabilities ActRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that yesterday, Sunday, July 26, 2020, marked the 30th Anniversary of the Americans with Disabilities Act (the ADA), a critical civil rights law that aims to eliminate discrimination against people with disabilities.
The U.S. Attorney’s Office for the District of Colorado is proud to play a critical role in the Justice Department’s enforcement efforts under the ADA, which was signed into law on July 26, 1990, and is the nation’s preeminent civil rights law for providing access and equal opportunity for people with disabilities.
“By making sure that the talents and perspectives of individuals with disabilities are included in daily life, we are all made better,” said U.S. Attorney Jason Dunn. “I’m proud of the contributions that our office has made in enforcing the ADA so that the promise of this law -- and all our citizens -- can be fully realized.”
In recent years the U.S. Attorney’s Office has investigated and resolved a number of ADA cases, including:
- CITY OF TRINIDAD: In 2018, the Office entered into a settlement agreement with the City of Trinidad to improve accessibility to government programs and services. As part of Project Civic Access, an initiative by the Department of Justice’s Civil Rights Division, the City of Trinidad agreed to fix a wide range of government buildings to comply with the ADA’s physical accessibility requirements, to modify its programs and services to make them accessible for individuals with disabilities, and to provide auxiliary aids and services where necessary.
- LARIMER COUNTY SHERIFF’S OFFICE: In 2017, the Office entered into a settlement agreement with Larimer County Sheriff’s Office to provide effective communication for individuals who are deaf or hard of hearing. The agreement required the Sheriff’s Office to revise policies and procedures surrounding the provision of auxiliary aids and services, train its deputies, and to track its interactions with individuals who are deaf or hard of hearing.
- DENVER SHERIFF DEPARTMENT: In 2018, the Office, along with the Disability Rights Section of the Civil Rights Division, entered into a settlement agreement to compensate a Sheriff’s deputy with Type 1 diabetes who alleged that the Sheriff’s Department failed to provide reasonable accommodations for his disability, and retaliated against him when he complained.
- COLORADO RUSH SOCCER CLUB: Earlier this year, the Office entered into a settlement agreement with Colorado Rush Soccer Club to require the youth soccer organization to provide auxiliary aids and services for individuals who are deaf or hard of hearing. The club also paid nearly $6,000 to the family of a player who is deaf and alleged that Colorado Rush violated the ADA when it did not provide these services to the player.
- FRANCIS HEIGHTS SENIOR LIVING COMMUNITY: In 2019, the United States reached a settlement with Francis Heights Senior Housing, an apartment complex in Denver, to resolve allegations that the complex was inaccessible to persons with physical disabilities. The settlement required the complex owner, Mercy Housing Management Group, to make changes to physical features in common areas, including parking lots, bathrooms, and passageways.
- BBVA: In 2019, the Office executed a Letter of Resolution for BBVA, a national retail bank, to make its websites accessible to individuals with disabilities.
- ROCKY MOUNTAIN VIPASSANA ASSOCIATION: In 2018, the Office executed a Letter of Resolution where the Association agreed to provide individualized consideration for individuals with disabilities who apply to its meditation retreat.
- PIKE’S PEAK PREP: In 2018, the Office negotiated compensation for a family that alleged that the K-12 school had not provided reasonable modifications for their first-grade student with diabetes to eat food when necessary, and to receive diabetes medication.
The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but were largely inaccessible to individuals with disabilities prior to the law’s enactment. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy – the ADA ensures that individuals with disabilities enjoy the same opportunities as all Americans to participate in everything this nation has to offer.
Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality, and altering the systems that have historically excluded people with disabilities. Today, the Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration, and limitations with self-determination.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
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.
Colombian National Agrees to Plead Guilty to $109 Million Medicare Fraud SchemeRead the Press Release
BOSTON – A Colombian national residing in Lighthouse Beach, Fla., has agreed to plead guilty in connection with submitting more than $109 million in false and fraudulent claims for durable medical equipment (DME) such as arm, back, knee and shoulder braces.
Juan Camilo Perez Buitrago, 31, was charged by information with one count of health care fraud and one count of payment of kickbacks in connection with a federal health care program. A plea hearing has not yet been scheduled.
According to charging documents, Perez manufactured and submitted false and fraudulent Medicare claims by instructing his employees to establish shell companies in more than a dozen different states, including Massachusetts. Perez directed employees to list his mother, wife, and yacht captain as corporate directors and to use fictitious names when registering the shell companies as DME providers. Perez allegedly purchased Medicare patient data from foreign and domestic call centers that targeted elderly patients, and instructed call centers to contact the Medicare beneficiaries with an offer of ankle, arm, back, knee, and/or shoulder braces “at little to no cost.” He then submitted Medicare claims for those patients without obtaining a prescriber’s order to ensure that the braces were medically necessary. It is further alleged that he submitted blatantly fraudulent claims, including claims for deceased patients and repeat claims for the same patient and the same DME. Perez failed to provide any DME for more than $7.5 million in claims. When Perez did provide DME to patients, he typically billed insurance policies more than 12 times the average price of the DME that he provided to the patient.
In total, the charging document alleges that Perez submitted $109 million in Medicare claims and collected more than $12 million.
Each charge provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Johnnie Sharp Jr., Special Agent in Charge of the Federal Bureau of Investigation, Birmingham Field Division: Phillip Coyne, Special Agent in Charge of the Department of Health and Human Services, Office of the Inspector General, Boston Division; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service made the announcement today. Assistant U.S. Attorney Elysa Q. Wan of Lelling’s Health Care Fraud Unit is prosecuting the case.
Clanton Man Sentenced for Manufacturing Counterfeit Currency and Illegal Gun PossessionRead the Press Release
BIRMINGHAM, Ala. – A federal judge sentenced a Clanton man on Friday for manufacturing counterfeit United States currency and being a felon in possession of a firearm, announced United States Attorney Prim F. Escalona and United States Secret Service Special Agent in Charge Patrick Davis.
United States District Judge Annemarie Carney Axon sentenced TYLER B. MILLER, 27, to 50 months in prison. Miller pled guilty in April.
According to the plea agreement, Miller was arrested on February 4, 2020 at his residence, after the Jefferson County Sheriff’s Office received a Crime Stoppers Tip regarding a wanted suspect. During the arrest, law enforcement officers noticed a printer and discovered a fully loaded Hi-Point .40 caliber pistol inside a backpack. The United States Secret Service Financial Crimes Task Force was contacted and a search warrant for the residence obtained, law enforcement officers discovered equipment used to manufacture counterfeit currency and multiple sheets of paper containing uncut counterfeit Federal Reserve notes inside the residence.
“Counterfeit U.S. currency is a threat to our financial system,” Escalona said. “This sentencing sends a clear message that there are strong penalties waiting for those who chose to commit these types of crimes.”
The United States Secret Service, Jefferson County Sheriff’s Office Vice and Narcotics Unit, and members of the Secret Service Financial Crimes Task Force investigated the case, which Assistant United States Attorney Catherine Crosby prosecuted.
Bellows Falls Woman Charged with Lying to Purchase Firearm for Convicted FelonRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Ferdinand Cruz, aka “Feldi,” 39, and Bridgette Lawlor, 33, both of Bellows Falls, Vermont, were arrested last week. The federal grand jury has accused Lawlor of unlawfully purchasing a Ruger .380 pistol for Cruz, whom she knew to be prohibited from possessing firearms. Cruz was accused of unlawfully possessing two handguns, including the Ruger. Cruz was arrested on July 22, 2020. At a detention hearing on Friday, The Honorable John M. Conroy, United States Magistrate Judge, ordered that Cruz be detained pending trial. Lawlor appeared before Magistrate Judge Conroy on July 23, 2020, and was released on conditions.
According to court records, Cruz’s possession of firearms was uncovered during an investigation by the Dover, Vermont Police Department of Cruz’s alleged sexual abuse of a child. Dover officers encountered Cruz with the Ruger .380 pistol, prior to learning he was a prohibited person. After Cruz’s arrest for lewd and lascivious conduct with a child, Cruz gave permission for officers to recover the Ruger .380 pistol from his residence. While doing so, officers discovered a Taurus 9mm pistol stored with the Ruger. Records associated with the purchase of the Ruger .380 pistol revealed it had been purchased by Lawlor. During an interview, Lawlor admitted she purchased the firearm for Cruz despite knowing he was a felon.
If convicted, Cruz and Lawlor face a maximum of ten years of imprisonment. The actual sentence however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The United States Attorney emphasizes that the charges in the complaint are merely accusations, and that the defendants are presumed innocent unless and until they are proven guilty.
United States Attorney Christina E. Nolan commended the investigative efforts of the Dover Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The United States is represented in this matter by Assistant U.S. Attorney Jonathan Ophardt. Defendant Cruz is represented by the Office of the Federal Public Defender. Defendant Lawlor is represented by Ian Carleton, Esq. of Sheehey, Furlong, & Behm, P.C.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting firearm use and possession crimes; prioritizes prosecuting persons who make false statements when attempting to obtain firearms; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives concerning persons who attempt to obtain firearms illegally; coordinates responses to persons prevented from obtaining firearms for mental health reasons; and ensures the use of modern intelligence tools and technology to focus on the criminals posing the greatest threat to our communities.
For more information, please see https://www.justice.gov/projectguardian.
Bay Area Woman Charged with Wire Fraud for Soliciting Donations in Bogus Cancer Treatment SchemeRead the Press Release
SAN JOSE- A criminal complaint was filed today charging Amanda C. Riley with wire fraud in connection with a scheme to solicit donations from individuals to help pay for cancer treatments she never needed nor received, announced United States Attorney David L. Anderson and Internal Revenue Service (IRS) Criminal Investigation, Special Agent in Charge Kareem Carter.
According to the complaint, between October 2012 and February 2016, Riley, a resident of Gilroy, Calif., claimed to have Hodgkin’s lymphoma, a type of cancer. The complaint alleges Riley falsely claimed at various times and to various individuals that she was receiving cancer treatment at hospitals, including Kaiser Permanente, City of Hope National Medical Center, Johns Hopkins Hospital, Columbia University Hospital, and UCSF Medical Center. Riley chronicled her purported illness on social media, including on Facebook, Instagram, Twitter, and her blog, and used her purported illness as a basis to solicit donations she claimed would help pay for her medical expenses. The complaint alleges that, in reality, Riley did not have Hodgkin’s lymphoma and had not been diagnosed with or treated for Hodgkin’s lymphoma or any other type of cancer.
The complaint describes numerous ways in which Riley convinced her victims to send her money. For example, Riley’s blog included numerous bogus photos depicting such things as Riley supposedly receiving cancer treatment at hospitals, her supposed cancer medications, her friends and family wearing “Team Amanda” bracelets, and gifts she received from supporters. The blog also contained numerous references to fundraisers that were held for her benefit. In addition, Riley claimed she traveled to New York City to receive cancer treatments and asked for donations to help defray her travel costs. In September 2013, her blog added a link to a support page, http://www.supportamanda.com. The support page enabled people to donate money online. To further conceal her scheme to defraud, on or about April 6, 2016, Riley altered a doctor’s note to read that she was “in treatment for cancer.”
Other people who became aware of Riley’s campaign also organized fundraisers on her behalf. Such fundraisers included a Facebook challenge; a CrossFit fundraiser; a Christmas ornament sale fundraiser; a quilt raffle; a Chili’s Grill & Bar fundraiser; and the auction on eBay of various items, including an electric guitar autographed by American country music artists such as John Michael Montgomery and LeAnn Rimes.
Riley received donations through her online support page and in the form of checks from friends, family, and members of her church donors. Between September 13, 2013, and March 15, 2016, Riley received 447 online donations totaling $60,272.43 though her support page alone— after paying fees, Riley pocketed $58,256.86 from her online support page during this period. The criminal complaint alleges that, rather than use the donated money to pay for medical expenses, Riley deposited the funds into her personal bank account and used the money to pay for her personal expenses.
Riley is charged with one count of wire fraud, in violation of 18 U.S.C. § 1343.
The complaint merely alleges that a crime has been committed, and Riley, like all defendants, is presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Riley faces a maximum statutory penalty of up to 20 years in prison and a fine of $250,000 or twice the gross gain or loss resulting from the scheme. In addition, the court may order additional terms of supervised release and restitution. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Riley is scheduled to appear before Judge Susan van Keulen on August 27, 2020.
Assistant U.S. Attorney Scott Simeon is prosecuting the case with the assistance of Tong Zhang. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation, and the San Jose Police Department.
Armed Felon Sentenced to over Three Years in Federal PrisonRead the Press Release
Ocala, Florida – Senior United States District Judge John Antoon II has sentenced Jeron Cantrell Martin (38, Belleview) to three years and eight months in federal prison for possessing a firearm as a convicted felon. The court also ordered Martin to forfeit the semi-automatic pistol and ammunition used to commit the offense.
Martin had pleaded guilty on February 28, 2020.
According to court documents, on September 30, 2019, deputies from the Marion County Sheriff’s Office discovered Martin inside a vehicle with a fresh bullet hole in the trunk. After verifying an outstanding warrant for Martin’s arrest, deputies searched him and located small amounts of illegal drugs (marijuana, crack cocaine, methamphetamine, and heroin). They also recovered a loaded pistol from Martin’s pants pocket. Further investigation revealed that Martin had five prior felony convictions in Florida, including numerous drug possession offenses. These convictions prohibit him from possessing firearms and ammunition under federal law.
“The FBI Jacksonville Division is always proud to partner with the Marion County Sheriff's Office to stop gun violence and drug-fueled crimes in our neighborhoods," said Rachel L. Rojas, Special Agent in Charge of the FBI Jacksonville Division. "We will continue to combine our intelligence and tools to ensure that people who bring violence to the streets of Ocala are punished to the fullest extent of the law.”
The case was investigated by the FBI and the Marion County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Armed Career Criminal Sentenced to 15 Years for Possessing A Firearm and AmmunitionRead the Press Release
Tampa, Florida – Senior U.S. District Judge Virginia Covington has sentenced Luis Michael Quercia (54, Bradenton) to 15 years in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Quercia to forfeit the firearm and ammunition used in the offense.
Quercia had pleaded guilty on January 23, 2020.
According to court documents, on June 2, 2019, a Sarasota Police Department officer conducted a traffic stop on a Jeep with an improper paper tag that had failed to stop at a stop sign. The officer made contact with Quercia, who was driving the Jeep. Quercia informed the officer that he did not have a drivers license, and, when the officer informed Quiercia that he was going to arrest him, Querica attempted to stuff a small clear plastic baggie between the center console and driver’s seat as the officer removed him from the vehicle. The officer then searched the vehicle and found the baggie containing a white powdery substance. The officer also found a loaded firearm in a plastic bag under the driver’s seat. Quercia later admitted to possessing the firearm to an ATF agent. A forensic examiner also matched Quercia’s fingerprints to a fingerprint that was discovered on the plastic bag that contained the firearm.
Because Quercia was previously convicted of several felonies, he is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Charlie D. Connally.
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.
Americans with Disabilities Act Celebrates 30 YearsRead the Press Release
BILLINGS— The U.S. Attorney’s Office for the District of Montana is proud to play a critical role in the Department of Justice’s enforcement efforts under the Americans with Disabilities Act (ADA), which this year marks 30 years since the signing of the landmark legislation. The ADA was signed into law on July 26, 1990 and is the nation’s preeminent civil rights law for providing access and equal opportunity for people with disabilities.
"The ADA has transformed the lives of countless Americans with disabilities by removing barriers and ensuring equal access to all aspects of everyday life. We will continue to enforce the civil rights protections under the law, support those with disabilities and urge Montanans to report any violations," U.S. Attorney Kurt Alme said.
The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but for too long were largely inaccessible to individuals with disabilities. Whether in employment; areas of civic life; or in the day-to-day activities and access to goods and services – the ADA requires steps be taken to ensure access for all.
During the past 30 years, the country has undertaken the hard work of changing attitudes about disability, tearing down barriers to equality, and dismantling the systems that have historically excluded people with disabilities. Today, the country commemorates the many ways the ADA has transformed our society—by replacing exclusion with access, segregation with integration, and limitations with self-determination. The ADA has advanced the promise of the American dream, ensuring that people with disabilities can write their own stories. Society is better and stronger because of the contributions from people with disabilities.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov.
To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/.
For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
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22 Arrested, Facing Federal Charges After Weekend Protest at Federal Courthouse in PortlandRead the Press Release
Update (9/16/2020): The case brought against a Corvallis man previously charged for harassing and stalking federal employees assigned to assist Federal Protective Service with ongoing civil unrest in Portland has been dismissed. The man’s name has been removed from this release to protect his privacy.
Correction (8/6/2020): An earlier version of this press release incorrectly identified the person arrested on July 24, 2020 as Ronald Bernard Hickey, 44, a Canadian National. This man has not been charged with any crime in the District of Oregon. A Corvalis man has been charged for harassing and stalking federal employees assigned to assist the Federal Protective Service with ongoing civil unrest in Portland.
Charges include assaulting federal officers, failing to obey lawful orders, and operating a drone in restricted airspace
PORTLAND, Ore.—U.S. Attorney Billy J. Williams announced today that 22 people have been arrested and are facing federal charges for their roles in weekend protests at the Mark O. Hatfield U.S. Courthouse in Portland.
According to court documents, since May 26, 2020, protests in downtown Portland have been followed by nightly criminal activity including assaults on law enforcement officers, destruction of property, looting, arson, and vandalism. The Hatfield Federal Courthouse has been a nightly target of vandalism during evening protests and riots, sustaining extensive damage.
U.S. Marshals Service deputies and officers from the Federal Protective Service, Homeland Security Investigations, and U.S. Customs and Border Protection working to protect the courthouse have been subjected to nightly threats and assaults from demonstrators while performing their duties.
Six people have been charged for alleged criminal conduct during a protest beginning July 23, 2020 and continuing into the early morning hours of July 24, 2020. Carly Anne Ballard, 34, and David Michael Bouchard, 36, are charged with assaulting federal officers; and Josslynn Kreutz, 28, Dakota Eastman, 30, Ezra Meyers, 18, and Mark Rolycanov, 28, are charged with failing to obey lawful orders.
On July 24, 2020, agents from Homeland Security Investigations (HSI) and U.S. Customs and Border Protection (CBP) arrested a Corvallis, Oregon man for harassing and stalking federal employees assigned to assist the Federal Protective Service (FPS) with ongoing civil unrest in Portland. The individual used his Twitter account to knowingly release personal information of these employees in an attempt to threaten, intimidate, or incite violence against them.
Eight people have been charged for alleged criminal conduct during a protest beginning July 25, 2020 and continuing into the early morning hours of July 26, 2020. Rebecca Gonzales-Mota, 37; Stephen O’Donnell, 65; Thomas Johnson, 33; Nathan Oderdonk-Snow, 21; Joshua Webb, 22; Pablo Avvacato, 26; and Doug Dean, 34, are charged with assaulting federal officers. Richard Lindstet, 33, is charged with operating a drone in restricted airspace.
Seven people have been charged for alleged criminal conduct during a protest beginning July 26, 2020 and continuing into the early morning hours of July 27, 2020. Michael Stephenson, 23; Caleb Willis, 29; Noelle Mandolfo, 30; Travis Williams, 27; Patrick Stanford, age unknown; Coree Jefree, age unknown; and Tyler Gabriel, 22, are charged with assaulting federal officers.
All defendants, unless noted, are presumed to be local residents.
These cases are being jointly investigated the U.S. Marshals Service, Homeland Security Investigations, and the Federal Protective Service. They are being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
Criminal complaints and informations are only accusations of a crime, and defendants are presumed innocent unless and until proven guilty.