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27 July 2020
10 Defendants Plead Guilty for Their Roles in Major Jamestown Area Methamphetamine Ring as Federal Trial Was Set to BeginRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that 10 defendants pleaded guilty during June and July 2020, to conspiring to possess with intent to distribute, and distributing, five grams or more of methamphetamine before U.S. Magistrate Judge Michael J. Roemer. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorneys Misha A. Coulson and Brendan T. Cullinane, who are handling the case, stated that between March 2017 and October 2018, the 10 defendants conspired with six other co-defendants to operate a drug trafficking organization, primarily involving the distribution of methamphetamine, in the Jamestown area. Pleading guilty to the conspiracy charges were:
• Andrew C. Bennett, 31, of Randolph, NY, pleaded guilty on June 4, 2020; • Jacob A. Motherwell, 31, of Jamestown, NY, pleaded guilty on June 22, 2020; • Destiny J. Hare, 31, of Randolph, NY, pleaded guilty on June 25, 2020; • Michael A. Davis, 36, of Jamestown, NY, pleaded guilty on June 25, 2020, also pleaded guilty to possession of a firearm in furtherance of drug trafficking; • Ryan R. Lopez, 26, of Palmdale, California, pleaded guilty on July 1, 2020; • Martin Marcus Bowman, 29, of San Bernardino, California, pleaded guilty on July 2, 2020; • Jamell Trapp, a/k/a KS, 29, of Jamestown, NY, pleaded guilty on July 1, 2020, also pleaded guilty to possession of a firearm and ammunition by a felon; • Henry Stovall, Jr., 42, of Jamestown, NY, pleaded guilty on July 7, 2020; • Danny W. Michael, III, 47, of Jamestown, NY, pleaded guilty on July 22, 2020; and
• Alexis V. Hall, 25, of Harrison, NJ, pleaded guilty on July 24, 2020.During the execution of search warrants throughout the investigation, law enforcement officers recovered 10 firearms and multiple rounds of ammunition, over 20 cellular telephones, drug paraphernalia, and U.S. currency.
The trial for the 10 defendants was scheduled to begin in federal court this morning.
The six co-defendants who were previously convicted include: Zackiel Fields, Jr.; Ernest Cauley, Jr.; Ramael O. Fields; Stephanie L. Harrison; Searcy E. Fields; and Stacie N. Yancer.
“Through the tremendous partnership between federal and local law enforcement, 16 individuals who committed federal crimes have been brought to justice, and a well-armed drug trafficking organization responsible for polluting Jamestown and the Southern Tier with highly addictive and debilitating methamphetamine has been dismantled,” stated U.S. Attorney Kennedy. “My Office and our DOJ law enforcement partners are always looking for ways to help to support local law enforcement as they work tirelessly on the front lines in the fight to preserve law and order and strengthen the communities they serve by making them safer and more secure. In this case, I say, ‘mission accomplished.’”
The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Belongia; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Jamestown Police Department, under the direction of Acting Chief Timothy Jackson; the New York State Police, under the direction of Major James Hall; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr., and the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin.
Sentencing's will be scheduled at a later date.
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26 July 2020
U.S. Attorney’s Office Recognizes the 30th Anniversary of the Americans with Disabilities ActRead the Press Release
Today marks the 30th Anniversary of the Americans with Disabilities Act (ADA), a critical civil rights law that guards against the discrimination of individuals with disabilities. The U.S. Attorney’s Office for the Northern District of Oklahoma takes great pride in its support of the Justice Department’s enforcement efforts under the Act.
The ADA was signed into law on July 26, 1990, becoming a vital civil rights law that guarantees access and equal opportunities for people with disabilities. As this important law turns 30, U.S. Attorney Trent Shores pledges to continue his commitment to the enforcement of this civil rights legislation.
“The Americans with Disabilities Act levels the playing field for people like my mother who had multiple sclerosis and experienced mobility challenges. The ADA ensures Americans with disabilities have access to facilities, activities, employment, and other opportunities that most of us take for granted,” said U.S. Attorney Trent Shores. “Consistent with my oath of office, I will safeguard the civil rights of all Americans, including those protected by the ADA. I encourage Oklahomans to report ADA violations to the Civil Rights Division’s portal at https://civilrights.justice.gov/report/ or call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY) for more information.”
U.S. Attorney’s Offices and the Justice Department’s Civil Rights Division further the goals of the ADA through mediation, technical assistance, outreach, and enforcement. The U.S. Attorney’s Office for the Northern District of Oklahoma has been instrumental in assisting with a multitude of ADA matters over the years, from making sure health care providers furnish interpreters for people with hearing loss to ensuring veterans are allowed to bring service animals to local hotels.
The ADA addresses employment, areas of civic life, and the day-to-day activities and access to goods and services that we all enjoy. Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality, and reshaping systems that 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. You can access Civil Rights Division Assistant Attorney General Eric Dreiband’s statement on the ADA’s 30th Anniversary here.
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).
U.S. Attorney's Office Commemorates 30th Anniversary of the Americans with Disabilities ActRead the Press Release
CHARLESTON, W.Va. – Today marks 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 Southern District of West Virginia 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.
“The ADA is a critical law that has helped ensure equal and fair treatment and opportunities for people with disabilities,” said United States Attorney Mike Stuart. “I am proud to have played a role in forging a landmark settlement with West Virginia to bring the state into compliance in its care for children with disabilities. My office will continue to fight for and protect the citizens of the Southern District of West Virginia.”
In recent years, the U.S. Attorney’s Office has investigated a number of ADA cases. This includes an investigation into West Virginia’s children’s mental health system in which a landmark settlement was reached. The investigation concluded that there was reasonable cause to believe the state had violated the ADA by unnecessarily institutionalizing children with serious emotional or behavioral disorders in residential treatment facilities instead of providing them in-home and community-based mental health services. An agreement was reached with the State of West Virginia in May 2019, through which the state agreed to expand and improve in-home and community-based mental health services throughout the state to better meet children’s needs. The services include mobile crisis services, case management, therapeutic foster care, in-home therapy, and assertive community treatment. The state also agreed to develop a plan to eliminate the unnecessary use of residential mental health treatment facilities for children whom the state could serve in the community.
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.
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U.S. Attorney's Office Commemorates 30th Anniversary of Americans with Disabilities ActRead the Press Release
ALBANY, NEW YORK – Sunday, July 26, 2020, marks the 30th Anniversary of the Americans with Disabilities Act (ADA), a critical civil rights law that aims to eliminate discrimination against people with disabilities. The U.S. Attorney’s Office for the Northern District of New York is proud to play a pivotal role in the Justice Department’s enforcement efforts under the ADA.
“The ADA has improved the lives of all Americans by ensuring that people with disabilities have access and equal opportunity, but some still encounter barriers,” said United States Attorney Grant C. Jaquith. “Our commitment to the fair and just enforcement of the ADA’s requirements is unwavering. We will not rest until every American is able to participate fully in our society.”
The U.S. Attorney’s Office has prioritized enforcing the ADA to vindicate the rights of people with disabilities in several recent matters. These efforts include:
• Ensuring Equal Access to Polling Places. The Justice Department’s ADA Voting Initiative focuses on protecting the right of individuals with disabilities, and a hallmark of that initiative is helping jurisdictions increase accessibility at polling places. As part of that initiative, the U.S. Attorney’s Office has reviewed polling places throughout the Northern District of New York over the past four years and has helped boards of elections identify and remedy barriers to voting.
• Ensuring Equal Access to Municipal Programs and Services. Last year, the U.S. Attorney’s Office, in coordination with the Disability Rights Section of the Department of Justice Civil Rights Division, entered into an agreement with the City of Hudson to ensure that its programs and services are accessible to persons with disabilities. The agreement requires the City to identify and remove barriers to program access as well as to implement measures to ensure equal access to its programs and services.
• Ensuring Effective Communication by Medical Providers. The U.S. Attorney’s Office, in conjunction with the Department of Justice’s Effective Communication initiative, initiated compliance reviews of area medical providers to ensure that they had procedures and policies to provide effective communication with patients who have sight, hearing, and speech impairments.
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 https://www.ada.gov/.
More information about the U.S. Attorney’s Civil Rights Unit and its enforcement efforts is available at https://www.justice.gov/usao-ndny/civil-division.
To file a complaint with the U.S. Attorney’s Office Civil Rights Hotline, please visit the portal at [email protected], call (518) 618-1619, or complete this form https://www.justice.gov/sites/default/files/usao-ndny/pages/attachments/2015/04/09/civil_rights_complaint_form.pdf.
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.
The Real Story of Federal Agents in Portland (Op Ed)Read the Press Release
As the chief federal law enforcement official in Colorado, I have watched with keen interest what is happening in Portland, Oregon, regarding the use of federal law enforcement personnel. I have also followed closely the announcement this week by President Donald Trump and Attorney General William Barr that they will be sending law enforcement personnel into cities where violent crime has been skyrocketing.
Unfortunately, there has been a conflation of what is happening in Portland — protecting federal property — with the traditional crime-fighting initiatives the Department of Justice has engaged in for decades. The result has been widespread confusion about both. As Coloradans, we would be well-served to take a collective deep breath, tone down the rhetoric, and try to better understand both what has actually happened in Portland and what is actually being proposed elsewhere.
But first, let’s be clear about Colorado. As Colorado’s U.S. attorney, my job is to protect Coloradans by enforcing federal criminal law. I have spoken with our federal agency partners here, and we are all committed to ensuring that federal law enforcement activity in Colorado is conducted in a lawful manner, as it always has been. And while I am hopeful that the need for greater federal resources never arises, Colorado has my pledge that if such a need does arise, it will be done only in cooperation with the relevant state and local law enforcement agencies. As I often say, we have the gold standard of federal-state-local partnership here in Colorado. I intend to keep it that way.
Now, let’s talk about Portland. Over the past few weeks, lawful protests there have devolved into violent attacks on federal employees and the destruction of federal property. I have spoken with my counterpart there and he reports the widespread use of rocks, lasers, slingshots loaded with ball-bearings, explosives, and other methods to assault federal employees. There are also nightly attempts by rioters to storm federal buildings and destroy them. Unfortunately, the size and scale of the violence has so overwhelmed the men and women ordinarily tasked with protecting those employees and buildings that they have asked for help from Washington. In keeping with standard practice, personnel from other agencies came to assist.
In the last few days, there have been various allegations about the conduct of these agents, including charges that anonymous law enforcement officers are wandering the city, whisking away innocent citizens in unmarked vehicles to secret government locations for interrogation. Others allege instances of excessive use of force by officers staged around federal buildings.
While it is apparently true that those federal agents, like virtually all state and local police agencies, have used unmarked vehicles, the other claims are contradicted by the actual evidence on the ground. According to the head of the Customs and Border Patrol, all of their agents wear multiple insignia designating them as police or identifying their agency, and these agents have strict protocols limiting arrests to those engaging in direct violence against federal employees or federal property in and around the federal courthouse.
In fact, dozens of such arrests have been made. There is also no credible indication that federal agents have been more broadly wandering the streets of Portland looking for agitators or taking people anywhere other than back to the courthouse where all federal detainees are taken. And in the very small number of cases where agents have been accused of acting outside their authority, those incidents are being reviewed by the Inspector General for the respective agencies. Time and due process will tell if any laws or procedures were broken. If so, those responsible will be held accountable.
Those are the facts about Portland.
Next, there has been much discussion about the president’s and the attorney general’s announcement this week of Project LeGend, under which federal law enforcement resources and dollars will be targeted and deployed to those cities where violent crime (murders, armed robberies, bank robberies, etc.) has exploded in recent months. In Chicago, where 373 people have been murdered so far this year, the administration has pledged hundreds of agents from the FBI, ATF, DEA, and other agencies, as well as $9.3 million for the hiring of 75 local sheriff’s deputies. While the Chicago mayor originally opposed federal intervention, she now welcomes it after gaining a better understanding of the proposal.
In short, Project LeGend will help address the recent spike in violent crime occurring in many communities across our nation. That is very different than what is being done in Portland to protect federal employees and property. If done properly, both serve a valid purpose.
Nonetheless, many state and local officials in Colorado and elsewhere have incorrectly described the recent proposal as an effort to send in “paramilitary forces” (or even the military) to quash lawful demonstrations. Perhaps unintentionally, the media itself has exacerbated this misunderstanding: The New York Times, Wall Street Journal, and The Denver Post all ran headlines this week about the president’s proposal under a photograph of camouflaged and masked law enforcement personnel engaging demonstrators in Portland. Viewed together, this perpetuates the misperception about what is being proposed and heightens public anxiety.
Ultimately, bringing in law enforcement to areas that need support is a good thing, whether it be to defend public property or to help address the jump in violent crime across our nation. And as the U.S. attorney, you have my assurance that federal law enforcement in Colorado will continue to operate in accordance with the law, and will strive to work cooperatively with state and local authorities to make Colorado a safer and better place.
Jason Dunn currently serves as the United States attorney for the District of Colorado. He oversees the prosecution of all federal crimes and the litigation of all civil matters involving the United States government in Colorado.
25 July 2020
La Vista Man Sentenced for Cyberstalking and Child PornographyRead the Press Release
United States Attorney Joe Kelly announced the Cory Proplesch, 29, of La Vista, Nebraska, was sentenced in federal court on July 24, 2020 for Cyberstalking and Possession of Child Pornography. United States District Judge Robert F. Rossiter, Jr. sentenced Proplesch to concurrent terms of 60 months for cyberstalking and 135 months for possession of child pornography. There is no parole in the federal system. After he completes his sentence, Proplesch will begin a five-year term of supervised release. He will also be required to register as a sex offender.
Proplesch targeted a 17-year-old high school student in May, 2018. He used an alias to send threatening Snapchat messages seeking sexually explicit photos. Proplesch requested that the girl excuse herself from class, go to the restroom, and send him nude photographs. He told her he knew where she lived and would sexually assault her if she refused. She went to the police.
The Sarpy County Sheriff’s Office and the FBI Child Exploitation Task Force searched Proplesch’s apartment in September, 2018. Proplesch admitted to the Snapchat messages sent to the high school student. Investigators located 13 videos and 278 images of child pornography. Included in the videos were two 14-year-old minors engaged in sexually explicit conduct in Proplesch’s apartment. Proplesch used a security camera to record the activity before transmitting it to a thumb drive.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI’s Child Exploitation Task Force and the Sarpy County Sheriff’s Office.
24 July 2020
U.S. Attorney’s Office Notes 30th Anniversary of Americans with Disabilities ActRead the Press Release
NEWARK, N.J. – The Americans with Disabilities Act (ADA) was passed on July 26, 1990, and is the nation’s preeminent law for providing access and equal opportunity for people with disabilities. The U.S. Attorney’s Office has played a vital role in enforcing the ADA in order to help eliminate discrimination against people with disabilities. U.S. Attorney Craig Carpenito today reinforces the Office’s commitment to vigorously enforce the ADA in the years to come.
“The ADA is a landmark civil rights statute that guarantees people with disabilities equal opportunity to fully participate in mainstream life without discriminatory barriers,” U.S. Attorney Carpenito said. “Despite the tremendous progress that has been made in the 30 years since this historic legislation was signed, we still see unlawful barriers that prevent individuals with disabilities from fully participating in many aspects of society. The U.S. Attorney’s Office will continue to work tirelessly to shatter those discriminatory barriers.”
Over the past 30 years, our country has worked to change attitudes about disability, remove obstacles to equality, and dismantle the systems that have historically excluded people with disabilities. We commemorate the many ways that 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. We are better and stronger because of the contributions that people with disabilities make.
The U.S. Attorney’s Office has prioritized enforcing the ADA to vindicate the rights of people with disabilities in several recent matters. These efforts include:
- Ensuring Equal Access to Polling Places. On Aug. 15, 2019, in connection with the Justice Department’s ADA Voting Initiative, the U.S. Attorney entered into comprehensive settlement agreements with the Ocean County Board of Elections and the Union County Board of Elections to ensure that people with mobility disabilities can physically access polling locations so as to not be denied their fundamental right to vote. https://www.justice.gov/usao-nj/pr/united-states-reaches-agreements-ocean-county-and-union-county-boards-elections-ensure
- Combatting Discrimination in Childcare Settings. On Nov. 13, 2019, the U.S. Attorney’s Office settled a lawsuit, resolving allegations that a national daycare provider, Spring Education Inc., discriminated against a 3-year-old girl and her parents when it expelled the child on the basis of her disability and refused to make reasonable modifications to its policies and practices. Under the terms of the settlement, the defendant was required to agree to injunctive remedies, including adopting policies to provide reasonable modifications for children, as well as paying damages to the child and a civil penalty to the United States. https://www.justice.gov/usao-nj/pr/us-attorney-s-office-reaches-agreement-nationwide-daycare-provider-ensure-equal-rights
- Providing Equal Access for Children with Disabilities in Youth Activities. On Oct. 11, 2019, the U.S. Attorney’s Office reached an agreement with a gymnastics facility in Bergen County to implement polices to ensure equal access for children with disabilities, as well as damages to the child and her parents and a civil penalty to the United States. https://www.justice.gov/usao-nj/pr/us-attorney-s-office-reaches-ada-settlement-gymnastics-facility-ensure-children On April 5, 2018, the U.S. Attorney’s office entered into an agreement with a gymnastics center that excluded a child on the basis of her disability. The agreement required the center to adopt policies and practices to comply with the ADA and pay damages to the child. https://www.justice.gov/usao-nj/pr/us-attorney-s-office-reaches-settlement-gymnastics-center-ensure-equal-access-children
- Protecting the Rights of Students with Disabilities. On Feb. 21, 2019, the U.S. Attorney’s Office entered into an agreement with Rider University that required the university to make reasonable modifications to its policies, practices, and procedures for students with food allergy-related disabilities. https://www.justice.gov/usao-nj/pr/us-attorney-s-office-reaches-agreement-rider-university-resolve-allegations-under On Sept. 11, 2019, the U.S. Attorney’s Office executed a settlement agreement to resolve allegations that the Watchung Hills Regional High School failed to evacuate at least one student with a mobility disability during a school-wide evacuation and failed to implement any policies addressing emergency evacuations of students with disabilities. https://www.justice.gov/usao-nj/pr/watchung-hills-high-school-district-agrees-settle-claim-it-violated-americans
- Protecting the Rights of Combat Veterans with Disabilities. On Feb. 6, 2020, the U.S. Attorney’s Office reached a settlement with a charter bus company, Academy Express, LLC, to resolve allegations that the bus company discriminated against a 74-year-old combat veteran with multiple disabilities by denying him accessible transportation on a multi-day tour of historic sites with his fellow combat veterans. The settlement agreement requires the bus company to implement policies to ensure persons with disabilities receive accessible – and timely – transportation, as well as to pay damages to the veteran and a civil penalty to the United States. https://www.justice.gov/usao-nj/pr/us-attorney-s-office-reaches-ada-settlement-charter-bus-company-protect-rights-americans
- Ensuring Physical Access to Places of Public Accommodation. The U.S. Attorney’s Office has successfully resolved multiple matters to ensure physical access to places of public accommodate to those with mobility disabilities. On Nov. 19, 2019, the U.S. Attorney’s Office reached a settlement with the owner of the historic Paramount Theater in Asbury Park to ensure physical accessibility for people with disabilities. https://www.justice.gov/usao-nj/pr/us-atorney-s-office-reaches-ada-settlement-owner-historic-paramount-theater-ensure
- Combatting HIV Discrimination. On Dec. 17, 2019, the U.S. Attorney entered into a settlement with a Middlesex County day care facility to resolve allegations that the facility denied a child admission based on the parent’s disclosure that the child may have a disability – either HIV or Hepatitis. The settlement required the day care to implement policies and procedures to ensure that children with disabilities are afforded full and equal opportunities to participate in its services, as well as to provide damages to the child and his parent. https://www.justice.gov/usao-nj/pr/us-attorney-s-office-reaches-ada-settlement-middlesex-county-day-care-facility-over
The Justice Department’s ADA Voting Initiative focuses on protecting the right of individuals with disabilities. A hallmark of the ADA Voting Initiative is its collaboration with jurisdictions to increase accessibility at polling places. The Department of Justice has surveyed more than 2,200 polling places and increased polling place accessibility in more than 35 jurisdictions, including in Ocean County and Union County, New Jersey.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. More information about the U.S. Attorney’s Civil Rights Unit and its enforcement efforts is available at https://www.justice.gov/usao-nj/civil-rights-enforcement
Individuals who believe they may have been victims of discrimination may file a complaint with the U.S Attorney’s Office at https://www.justice.gov/usao-nj/civil-rights-enforcement/complaint.
U.S. Attorney’s Office Commemorates 30th Anniversary of the Americans with Disabilities ActRead the Press Release
BOSTON – Sunday, July 26, 2020, marks 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 Massachusetts 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.
“During my tenure as U.S. Attorney, my office has aggressively enforced civil rights protections on behalf of the people of Massachusetts, and nowhere is this more important than in the context of disability rights,” said United States Attorney Andrew E. Lelling. “The ADA is an important and powerful law that addresses issues ranging from making sure restaurants can accommodate wheelchairs, to ensuring that web services are accessible to those with vision, hearing and physical disabilities. Despite this year’s 30th anniversary commemoration, there is more work to do. Our role in advancing disability rights is crucial to ensure that the aspiration of the ADA—the elimination of discrimination against all forms of disability, both physical and mental—is achieved.”
Since the formation of the Civil Rights Unit in the fall of 2015, the U.S. Attorney’s Office has investigated a number of ADA cases. This includes agreements with Tufts Medical Center to adopt policies that ensure effective communication for individuals who are deaf or hard of hearing and with McLean Hospital to make the hospital’s buildings physically accessible. In addition, the office entered into settlements with two skilled nursing facilities, Athena Health Care Systems and Charlwell House, ensuring that individuals prescribed medication assisted treatment to treat their opioid use disorder would not be denied admission. The U.S. Attorney's Office also reached agreements with a number of schools and school districts, including Hudson Public Schools, The Park School and Lexington Chinese School, to ensure that students with disabilities enjoy the same access to education and educational programs as their peers.
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. 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 requires that we take those steps necessary to ensure access for all.
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).
U.S. Attorney's Office Recognizes 30th Anniversary of Americans with Disabilities ActRead the Press Release
MADISON, WIS. – On July 26, 2020, our nation reflects on the 30th anniversary of the Americans with Disabilities Act (the ADA), a landmark civil rights law that aims to eliminate discrimination against people with disabilities. The U.S. Attorney’s Office for the Western District of Wisconsin is committed to vigorous enforcement of the ADA.
The ADA was signed into law on July 26, 1990, by President George H.W. Bush. It is one of America’s most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life -- to enjoy employment opportunities, to purchase goods and services, and to participate in state and local government programs and services. Modeled after the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, or national origin, the ADA is an “equal opportunity” law for people with disabilities.
“My office is committed to ADA compliance, through cooperative efforts and enforcement actions, to ensure equal access for persons with disabilities,” said Scott C. Blader, United States Attorney for the Western District of Wisconsin. “The ADA is about securing for people with disabilities the most fundamental of rights – the right to live fully and equally in our country, to go places and do things that other Americans take for granted.”
The Department of Justice has undertaken multiple initiatives to enforce the ADA, including its Barrier-Free Health Care Initiative and its ADA Voting Initiative. The Barrier-Free Health Care Initiative addresses access to medical services and facilities, including effective communication for people who are deaf or have hearing loss, physical access to medical care for people with mobility disabilities, and equal access to treatment for people who have HIV/AIDS. The ADA Voting Initiative works to ensure that people with disabilities have an equal opportunity to participate in the voting process, from voter registration to casting a ballot.
In the Western District of Wisconsin, the U.S. Attorney’s Office frequently investigates alleged violations of the ADA, including complaints related to access to public buildings and complaints of discrimination against individuals with service animals.
For more information about the 30th anniversary of the ADA and the Department’s initiatives, 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/.
U.S. Attorney's Office Celebrates the 30th Anniversary of the Americans with Disabilities ActRead the Press Release
GRAND RAPIDS, MICHIGAN – 2020 marks the 30th Anniversary of the Americans with Disabilities Act (ADA). This landmark civil rights legislation has impacted the lives of millions of people with disabilities in the United States by prohibiting discrimination based on disability and guaranteeing equal opportunity in all aspects of community life.
“Since President George H.W. Bush signed the ADA into law on July 26, 1990, this nation has made great strides towards improving the lives of Americans with disabilities, but there is still much work to do,” Andrew Birge, United States Attorney for the Western District of Michigan said. “On this 30th Anniversary, my Office reaffirms its commitment to protecting the rights of people with disabilities and working to achieve equal opportunity, increased access and inclusion in our community.”
The U.S. Attorney’s Office for the Western District of Michigan enforces the ADA and seeks to vindicate the rights of people with disabilities throughout the district. In the past several years, the Office has increased its number of ADA investigations. These efforts have led to numerous resolutions, including voluntary corrective measures by both public and private entities to ensure compliance with the ADA. For example, as a result of the Office’s work, a health care provider revised its communication practices regarding provision of auxiliary aids to individuals who are deaf or have hearing loss, an entertainment venue established procedures for ADAaccessible online ticket sales, a lodge revised its policies and practices to accommodate service animals, and a public building modified its parking lot to ensure adequate parking access for the disabled.
The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. The Justice Department will continue to use its enforcement and technical assistance tools to eliminate unlawful discrimination against individuals with disabilities.
The Department of Justice has a number of publications available to assist entities in complying with the ADA. For more information on the ADA and to access these publications, visit ADA.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TTY). The Department also encourages anyone who believes that their disability rights have been violated to file a complaint at https://civilrights.justice.gov/report/
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U.S. Attorney McSwain Announces Detention of Alleged Burglar Accused of Stealing $104,000 During Recent Rioting in PhiladelphiaRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Raphael Shaw, 20, of Philadelphia, PA was ordered detained pending trial at a detention hearing today in federal court on charges of burglarizing $104,000 from a Wells Fargo Bank branch in the Parkside section of Philadelphia during the recent riots and looting in the city. The defendant was arrested and taken into federal custody last week and made his initial appearance in court on Friday, July 17, 2020.
Following peaceful protests in the early afternoon of May 30, 2020 in response to the killing of George Floyd in Minneapolis, MN, civil unrest began to unfold later that afternoon in Philadelphia that resulted in widespread looting, burglary, arson, destruction of property, and other violent acts.
One such burglary occurred on May 31, 2020, when the defendant and his confederates allegedly broke into the Wells Fargo bank located on the 1500 block of north 52nd Street, pointed a rifle at people inside the bank, and removed a cash vault containing $104,000. According to the criminal complaint, the burglars used a forklift stolen from a nearby Lowe’s home improvement store to remove the vault. Surveillance footage from the bank showed a male wearing a blonde wig with distinctive tattoos on his right forearm, and several other individuals, surrounding a large object and moving it through the bank.
Shaw was identified as the individual in the blonde wig after a Philadelphia Police Officer who patrols the Parkside neighborhood, and who has interacted with Shaw multiple times in the last year, recognized the tattoos on his arm. Investigators were also able to further identify Shaw as the suspect based on photos posted to his publicly accessible Instagram account which showed a photo of an individual with the same arm tattoos, displaying large amounts of cash. A separate criminal complaint filed in federal court earlier this month charged Shaw’s alleged associate, Xavier Nolley-Hall, with entering the bank with intent to commit a felony.
“We at the U.S. Attorney’s Office will not allow violent criminal behavior to hijack the First Amendment right of the people to assemble peaceably and to petition their government,” said U.S. Attorney McSwain. “We accomplish that mission not only by arresting and prosecuting the perpetrators, but also by detaining them with no bail, when appropriate. That was the case here. Shaw will now face the consequences of his alleged actions, and he will do so while sitting in federal prison, where he belongs, prior to his trial. The bottom line is that if you committed a federal crime during the rioting and looting in Philadelphia, we are coming for you.”
“Amid peaceful protests and an outbreak of civil unrest, criminal opportunists sought to take advantage of the chaos,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “Numerous banks across the city experienced vandalism and forced entry, but this daylight forklift burglary was the most brazen incident by far. The FBI/Philadelphia Police Violent Crimes Task Force continues to work the case, to identify the others involved. Our message to those folks: we’ll see you soon.”
If convicted, Shaw faces a maximum possible sentence of twenty years in prison, followed by three years of supervised release, and a fine of up to $250,000.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Michael R. Miller.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Attorney Matt Martin Celebrates 30th Anniversary of the Americans with Disabilities ActRead the Press Release
GREENSBORO, NC. - The U.S. Attorney’s Office for the Middle District of North Carolina is proud to play a key role in the Department of Justice’s enforcement efforts under the Americans with Disabilities Act (ADA), as 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.
At the signing ceremony for the ADA in 1990, George H.W. Bush remarked: “Together, we must remove the physical barriers we have created and the social barriers that we have accepted. For ours will never be a truly prosperous nation until all within it prosper.” To reach this goal, the Middle District of North Carolina has participated in the Barrier Free Healthcare Initiative, which focuses on equal access to medical services and facilities for individuals with disabilities; Project Civic Access, a wide-ranging effort to eliminate physical and communication barriers that prevent people with disabilities from participating fully in community life; and enforcement actions ensuring that individuals with service animals have equal access to public accommodations.
“We have heeded President Bush’s call to remove physical and social barriers for those with disabilities. And we will continue to do this work through cooperation when we can and through litigation when we must,” U.S. Attorney Martin said. “Our office and the Department of Justice are committed to enforcing the ADA and dismantling barriers to equal access. We want all Americans to be able to develop their talents and participate in community life.”
Over the past 30 years, our 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, we commemorate the many ways that 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. And as a society, we are better and stronger because of the contributions that people with disabilities make.
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.
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U.S. Attorney Drew H. Wrigley Celebrates the 30th Anniversary of the ADARead the Press Release
BISMARCK: The U.S. Attorney’s Office for the District of North Dakota is committed to our leadership role in the Department of Justice’s enforcement efforts under the Americans with Disabilities Act (ADA). This year marks 30 years since the signing of that landmark legislation. The ADA was signed into law on July 26, 1990, and is the nation’s pivotal civil rights law for providing access and equal opportunity for people with disabilities.
"We pay our respects to the ADA by noting this 30 year anniversary," said U.S. Attorney Drew Wrigley, "and, more importantly, we are dedicated to the hard work necessary to achieve the promise of equal access and opportunity, and eliminating disability discrimination in every form."
The United States Attorney’s Office has recently investigated and resolved several complaints of disability discrimination in North Dakota, both through settlement agreements and letters of resolution. Examples of this work include settlement agreements with North Dakota State University regarding accessibility and integrated and dispersed seating issues at the Sanford Health Athletic Complex; the Fargo Park District and Gilbert C. Grafton Post No. 2 related to inaccessible restrooms at the Jack Williams Stadium; the Red River Valley Fair Association related to outside food and beverage limitations at the Red River Valley Fairgrounds; and the owner and operator of the Super 8 in Lisbon related to a prohibition on service animals at the hotel; and letters of resolution with the owner of a local McDonald’s franchise related to parking and accessibility issues at the restaurant; and the owner of a clothing store regarding a prohibition on service animals in the store. The United States Attorney’s Office is actively investigating a number of other complaints alleging disability discrimination in the District of North Dakota.
U.S. Attorney Drew H. Wrigley encourages the public to bring matters of disability discrimination to the attention of the Department of Justice. To file a complaint of discrimination with the Department, please visit the Civil Rights Division’s online portal at https://civilrights.justice.gov/report/ or contact Assistant United States Attorneys Tara Vavrosky Iversen or Melissa H. Burkland in the U.S. Attorney’s Office at 701-297- 7400. For more information about the 30th Anniversary of the ADA, please visit www.ada.gov.
U.S. Attorney Announces Update on Efforts Made to Promote Public Safety in Rural AlaskaRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced an update on efforts made to promote public safety in rural Alaska. Following his May 2019 visit, Attorney General William P. Barr declared a law enforcement emergency in rural Alaska under the Emergency Federal Law Enforcement Assistance (EFLEA) program, resulting in significant funding and the authorization of several long-term measures to support village public safety and victim services. To date, $62.1 million in grants have been awarded, with 39 funded law enforcement positions, to support improving public safety in rural Alaska. A summary of the grant awards and ongoing agency efforts are below.
Prosecution
Part of the resources authorized by Attorney General Barr included three new federal prosecutor positions focused on rural Alaska. As of March 2020, all three Assistant U.S. Attorney (AUSA) positions have been filled within the U.S. Attorney’s Office for the District of Alaska. In addition, two state prosecutors have been hired and will be appointed as Special Assistant U.S. Attorneys (SAUSAs) to assist with criminal cases in rural Alaska. Several federal cases have already been charged, including, but not limited to:
- Jayson Knox, 21, a former teacher in Kivalina, is charged with attempted coercion and enticement of a minor, attempted sexual exploitation of a minor, and transfer of obscene material to a minor;
- Christopher Carmichael, 56, a former principal in Bethel, is charged with attempted coercion and enticement of a minor, possession of child pornography, and attempted transfer of obscene material to a minor;
- Brady Grimes, 38, of Utqiagvik, is charged with possession of methamphetamine with intent to distribute, possession of a firearm during a drug trafficking offense, and possession of an unregistered firearm;
- Stephen Sherman, 35, of Nome, is charged with felon in possession of firearms and ammunition. Sherman has also been charged by the State of Alaska for misconduct involving weapons. Sherman has three prior felony convictions for crimes including criminal negligent homicide and assault;
- Dick Itumulria, 54, of Manokotak, is charged with felon in possession of firearms and ammunition. Itumulria, who has a prior felony conviction for sexual assault, has also been charged by the State of Alaska with second degree murder.
Appointment of MMIP Coordinator
This month the U.S. Attorney’s Office announced the appointment of a Missing and Murdered Indigenous Persons (MMIP) Coordinator for the District of Alaska. The MMIP Coordinator will gather reliable data to identify MMIP cases connected to Alaska; conduct outreach with tribal communities to assist in the creation and implementation of community action plans; coordinate with tribal, local, state, and federal law enforcement in the development of protocols and procedures for responding to and addressing MMIP cases; and promote improved data collection and analyses. On Nov. 22, 2019, Attorney General Barr launched a national strategy to address missing and murdered Native Americans. As part of this MMIP Initiative, DOJ made an initial investment of $1.5 million to hire MMIP Coordinators to serve with U.S. Attorney’s Offices in 11 states, including Alaska.
U.S. Marshals Service (USMS)
In December 2019, the U.S. Marshals Service announced the successful results of “Operation RAAVEN,” where federal, state, and local law enforcement officers joined together to account for registered sex offenders, and to locate and arrest individuals with warrants who were living in Western Alaska. The operation focused its efforts in Bethel and 13 surrounding villages, to include Napakiak, Napaskiak, Kwethluk, Akiachak, Akiak, Nunapitchuk, Kasigluk, Tuluksak, Eek, Tuntutuliak, Kwigillinok, Stoney River, and Kipnuk.
Following its initial success, “Operation RAAVEN” continued in March 2020, this time focusing its efforts in Hooper Bay, Chevak, Scammon Bay, St. Mary’s, Mountain Village, Russian Mission, Pilot Station, Pitkas Point and Marshall. During this operation, law enforcement teams arrested 17 individuals with outstanding warrants; conducted 90 sex offender compliance checks; re-registered 12 non-compliant sex offenders; requested one State Failure to Register as a Sex Offender warrant; conducted 30 probation, parole, and pre-trial visits; conducted investigations; assisted with general calls for law enforcement service; and updated photographs and documentation for the Alaska SOR.
Participating in these joint operations were the U.S. Marshals Service, Anchorage Police Department (as a member of the Alaska USMS-Sex Offender Task Force), Alaska State Troopers, Alaska Department of Corrections-Adult Probation, Bethel Police Department, Alaska Public Safety-Sex Offender Registry, VPOs and TPOs. USMS efforts will continue in rural Alaska communities to address violent crime issues and to enhance the public safety of the area.
EFLEA Award to the Alaska Department of Public Safety (DPS): $6 Million
Based on the Attorney General’s declaration of a law enforcement emergency in rural Alaska, the State of Alaska Department of Public Safety (DPS) applied for, and was awarded, $6 million from DOJ’s EFLEA Program. DPS subgranted these funds to the State of Alaska Department of commerce, Community, and Economic Development (DCCED). On May 8, 2020, DCCED announced that it awarded 15 EFLEA grants, totaling the $6 million, to Alaska Native organizations, Alaska Native Villages, federally recognized Indian tribes, and municipal governments to assist rural communities with infrastructure needs. This funding allocation is dedicated to renovating current public safety buildings or purchasing prefabricated public safety buildings, serving 31 rural Alaska communities. Currently, project managers with an environmental consulting firm are in the process of contacting awardees to complete environmental assessments.
FY19 OVC’s Tribal Victim Services Set-Aside Program Award: $7 Million
DOJ’s Office for Victims of Crime (OVC) awarded $7 million to The Denali Commission, which is implementing a Micro-Grant Program to help support the ability of Alaska’s Native Tribal Communities and/or organizations to develop victim services including behavioral health, telemedicine, and building renovations. Pre-application training and technical assistance will be available to interested communities. Communities may apply for up to $350,000 and may find more information here.
FY19 Coordinated Tribal Assistance Solicitation (CTAS) Awards: $42 Million
Approximately $42 million in grants were awarded to Alaska Native communities and other tribal designees through the Coordinated Tribal Assistance Solicitation (CTAS). Specifically, on Sept. 30, 2019, DOJ announced that Alaska was awarded over $20 million in CTAS grant funding, and on Oct. 17, 2019, announced over $22 million of set-aside funding for victims of crime to Alaska Native communities and tribal entities.
FY20 COPS Hiring Program (CHP) Award: $2.1 Million
On June 2, 2020, funding in the amount of $2,100,476 was awarded to multiple law enforcement agencies in Alaska, which allows those agencies to hire a combined total of 19 officers to help keep our communities safe. Out of the 19 officers, 18 will be located in rural Alaska. Specifically, 14 officers will be certified Alaska Police Officers, three will be certified VPSOs, and two will be TPOs. This is part of DOJ’s announcement in awarding nearly $400 million in grant funding nationwide through the COPS Hiring Program (CHP).
Law Enforcement Agency
Award Amount
Positions Funded
Akiak Native Community
$214,956
2
Bethel Police Department
$125,000
1
Chevak, City of
$491,234
6
Ft. Yukon Police Department
$240,598
2
Marshall, City of
$403,688
3
Nome Police Department
$125,000
1
Northwest Arctic Borough
$375,000
3
Palmer Police Department
$125,000
1
FY19 COPS Tribal Resources Grant Program (TRGP) Award: $5 Million
On July 30, 2019, Department of Justice’s Office of Community Oriented Policing Services (COPS) announced that it awarded nearly $5 million through the Tribal Resources Grant Program for the hiring, equipping, and training of VPOs and TPOs working in rural Alaska. Specifically, funding was allocated to hire officers in 15 communities for a total of 20 officers, of which 14 VPOs have already been hired.
Tribal Agency
Funding for Equipment
Funding for Hiring
Positions Funded
Akiachak Native Community
$58,074
$241,429
3
Central Council Tlingit and Haida
$204,721
$0
0
Chickaloon Native Village
$4,378
$286,831
1
Holy Cross Tribe
$113,999
$185,457
1
Kasigluk Elders Council
$42,212
$255,077
1
Kodiak Area Native Association
$177,566
$0
0
Maniilaq Association
$253,562
$0
0
Native Village of Kipnuk
$41,199
$109,137
1
Native Village of Kwinhagak
$59,443
$108,211
1
Native Village of Mekoryuk
$7,260
$169,823
2
Native Village of Napaskiak
$31,829
$249,106
2
Native Village of Nulato
$58,837
$223,445
1
Native Village of Ruby
$79,681
$197,539
1
Native Village of Scammon Bay
$38,628
$249,216
2
Native Village of Tanacross
$75,074
$185,538
1
Native Village of Tununak
$73,017
$129,853
1
Northway Village
$70,819
$180,314
1
Sitka Tribe of Alaska
$300,000
$0
0
Venetie Village Council
$38,302
$249,944
1
Yakutat Tlingit Tribe
$241,681
$0
0
This update is part of the Rural Alaska Anti-Violence Enforcement (RAAVEN) Working Group’s ongoing efforts to build the capacity of federal, state, and tribal law enforcement in rural Alaska. The RAAVEN Working Group, led by the U.S. Attorney’s Office, encourages extensive collaboration among law enforcement at all levels, rural communities, Alaska Native groups, victim service organizations, and care providers. Current law enforcement members of the working group include the U.S. Attorney’s Office, State of Alaska Department of Law, DPS, USMS, FBI, DEA, ATF, USPIS, HSI, USCG, and APD.
U.P. Methamphetamine Dealer Sentenced to 21 Years in Federal PrisonRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced that Rodgers Lee Shealy was sentenced this week to 21 years of imprisonment by Chief U.S. District Judge Robert J. Jonker. Shealy pled guilty in August 2019 to conspiracy to distribute 50 grams or more of methamphetamine. Upon release, Shealy will be supervised for eight years.
Law enforcement’s investigation showed that between approximately 2017 and February 2019, when Shealy was arrested, Shealy obtained methamphetamine and heroin from Pontiac, Michigan and Oklahoma. He then transported the drugs to various locations in the Upper Peninsula, including Marquette County, Baraga County, and Menominee County using a number of associates.
The case was investigated by KIND, UPSET, HSI and the BIA, and prosecuted by Assistant U.S. Attorney Hannah N. Bobee.
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Two St. Thomas Men Charged with Conspiracy, Carjacking and Brandishing a Firearm During A Crime of ViolenceRead the Press Release
St. Thomas, USVI- United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced today that an information was filed on July 22, 2020 charging Jahvid Alexander and Jestus Francis with federal and territorial offenses, including conspiracy, carjacking, robbery, drug possession, and brandishing a firearm during a crime of violence.
According to the information and other court documents, on Tuesday, June 23, 2020 at approximately 11:00 p.m., two female victims reported an armed carjacking. Virgin Islands Police Department officers responded, obtained a description of the car and immediately directed police units to follow the suspected stolen vehicle. The vehicle and a blue Ford truck were observed traveling on Nadir Hill, a dead end road. Officers positioned themselves at that location and approximately 20 minutes later, the blue Ford truck was instructed by officers to pull over. The two suspects were located in the truck, along with stolen property from the victims, the keys belonging to the stolen car, two black masks, a loaded firearm, and other items linking the suspects to the offense. The stolen vehicle was located a short distance away. Video surveillance of the Havensight area, from which the car was stolen, shows the blue truck minutes before the crime circling and turning into the parking lot where the victims were located.
A detention hearing for Alexander is scheduled for July 27, 2020 and for Francis on July 29, 2020, before the Honorable Ruth Miller.
United States Attorney Shappert reminds the public that an information is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
The case is being investigated by the Virgin Islands Police Department and the Federal
Bureau of Investigation.Two Owners of Tony Luke’s Philadelphia Cheesesteak Restaurant Indicted for Tax EvasionRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that two owners of a popular cheesesteak restaurant were charged with conspiracy to defraud the IRS, tax evasion, and aiding and assisting in the filing of false tax returns.
According to the Indictment, Anthony Lucidonio Sr., 82, and his son, Nicholas Lucidonio, 54, both of New Jersey, owned and operated Tony Luke’s, a cheesesteak and sandwich restaurant located in South Philadelphia. The Indictment alleges that from 2006 to 2016, the defendants hid from the IRS more than $8 million in cash receipts by, among other things, depositing only a portion of Tony Luke’s receipts into business bank accounts, providing incomplete information concerning receipts and income to their accountant, and filing fraudulent corporate and individual tax returns that substantially understated business receipts and income. The defendants also willfully evaded substantial individual income taxes that they owed.
The Indictment also alleges that the Lucidonios committed employment tax fraud by paying employees “off the books” in cash. To evade detection, defendants would pay most employees a portion of their wages and salaries “on the books” based on only a portion of the hours they worked. The defendants would then pay substantial additional cash wages for the remaining hours worked without withholding or paying over to the IRS the required employment taxes. They caused their accountant to prepare and file fraudulent quarterly employment tax returns with the IRS that substantially understated wages paid and the taxes that were due.
It is further alleged that when a dispute over franchising rights arose between the two defendants and another individual in 2015, the Lucidonios became concerned that their tax fraud scheme would be revealed, so they directed that the prior year’s tax returns be amended to increase reported sales. But it is alleged that the Lucidonios, in amending their returns, substantially offset the increase in reported sales and the additional taxes that would be due by claiming additional false and fraudulent expenses, thereby continuing their tax fraud scheme.
“Tony Luke’s is an iconic Philadelphia brand, but that is not what matters in the eyes of the law. These are serious allegations and it should go without saying that everyone has an obligation to follow the law. This alleged scheme victimized honest taxpayers in two ways: first, by hiding more than $8 million in revenue from the IRS and second, by avoiding payroll taxes,” said U.S. Attorney McSwain. “And when the defendants thought their scheme might be discovered, they allegedly cooked the books even further to cover their tracks.”
“Collecting and paying over employment tax is an obligation, not a choice,” said IRS Criminal Investigations Special Agent in Charge Thomas Fattorusso. “Anthony Lucidonio and Nicholas Lucidonio willfully chose to ignore this obligation. Their actions not only caused a loss to the government, but it also put their employees at risk of losing future Social Security and Medicare benefits.”
The defendants are charged with conspiring to defraud the United States, 19 counts of aiding and assisting in the filing of false personal and corporate tax returns, and four counts of tax evasion. If convicted, the defendants face a maximum sentence of five years in prison for the conspiracy charge and each count of tax evasion, and three years in prison for each false return charge. Each defendant also faces a maximum period of five years of supervised release, a $6,000,000 fine, and a $2,400 special assessment
An Indictment merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The case was investigated by Special Agents of the IRS Criminal Investigation Division and is being prosecuted by Assistant U.S. Attorney Paul L. Gray and Assistant Chief John N. Kane of the Department of Justice Tax Division.
Twice Deported Mexican Man Indicted on Immigration ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Juan Casarubias-Garcia, 29, a citizen of Mexico, with being a removed alien found in United States, and fraud and misuse of an alien registration receipt card. The charges carry a maximum penalty of 10 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, on January 19, 2019, the defendant was pulled over by the New York State Police for illegally operating a motor vehicle while intoxicated. As they approached the vehicle, the troopers observed approximately 20 or more empty beer bottles on the front and rear floor boards of the vehicle, three bottle caps under Casarubias’ legs in the driver seat, and a half full bottle of whiskey behind the front passenger seat. The defendant failed all field sobriety tests, and registered a .16% blood alcohol content when tested.
Casarubias provided troopers with a fraudulent Lawful Permanent Resident Card bearing his photo, and the name Andrade Raymundo, and an alien registration number. A check of immigration records determined that the alien registration number was assigned to an individual other than the defendant. Casarubias also provided a Mexican driver's license bearing the name Juan CasarubiasBarrera.
A review of the documents contained in the Alien Registration file for Casarubias determined that in March 2012, he was arrested by Immigration and Customs Enforcement (ICE) officers for being present without admission and possession of a fraudulent document. In September 2012, the defendant was convicted in the Western District of New York of fraud and misuse of document evidencing authorized stay in United States, and was ordered removed from the United States in October 2012. On November 2, 2012, Casarubias was deported to Mexico. In April 2013, the defendant was arrested by the United States Border Patrol in Douglas, Arizona, and convicted in the District of Arizona of illegal entry.
On May 10, 2013, Casarubias was once again deported from the United States. As a result, the defendant, a native and citizen of Mexico, has no valid immigration status and is illegally present in the United States.
The indictment is the result of an investigation by the New York State Police, under the direction of Major James Hall, and Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Director of Field Operations Thomas Feeley.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Three Individuals Charged in Federal Court with Illegally Possessing Guns or Ammunition in ChicagoRead the Press Release
CHICAGO — Three individuals have been charged with federal offenses for allegedly illegally possessing guns or ammunition in Chicago this week. The charges are the first federal prosecutions in Chicago under the Department of Justice’s Operation Legend.
DARRYL COLLINS, 30, of Dolton, is charged with one count of illegal possession of ammunition by a convicted felon, while ROMEO HOLLOWAY, 21, of Chicago, is charged with one count of illegal possession of a firearm by a convicted felon. Collins and Holloway were previously convicted of criminal felonies and were not lawfully allowed to possess a firearm or ammunition.
DARRYL PHILLIPS, 22, of Chicago, is charged with one count of illegal possession of a machinegun.
All three defendants are currently detained in federal custody.
The federal charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kristen deTineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and David Brown, Superintendent of the Chicago Police Department. The government is represented in the Collins case by Assistant U.S. Attorney Julia K. Schwartz; in the Holloway case by Assistant U.S. Attorney Jared Hasten; and in the Phillips case by Assistant U.S. Attorney Jeannice W. Appenteng.
The charges are the first federal prosecutions brought under Operation Legend, a Department of Justice initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. As part of Operation Legend, Attorney General William P. Barr directed ATF, FBI, U.S. Marshals Service, and DEA to significantly increase resources into Chicago to help state and local officials fight violent crime, particularly gun offenses. ATF has deployed its national Crime Gun Intelligence Mobile Command Vehicle to assist local law enforcement with analysis of crime scenes and spent shell casings through the National Integrated Ballistic Information Network (NIBIN).
“Operation Legend has strengthened our efforts to apprehend and charge illegal gun offenders in Chicago,” said U.S. Attorney Lausch. “Under Operation Legend, we are working closer than ever with the Chicago Police Department, ATF, and other federal, state, and local law enforcement partners to arrest and prosecute individuals engaging in violent crime in the city.”
According to criminal complaints filed in U.S. District Court in Chicago, Collins was arrested Wednesday afternoon by Chicago Police officers for illegally possessing ammunition, which was in a loaded handgun, in the 8200 block of South Maryland Avenue in the East Chatham neighborhood.
Holloway was arrested Tuesday night by federal and local law enforcement officers for illegally possessing a loaded handgun in the 2700 block of West Flournoy Street in the East Garfield Park neighborhood, according to the complaint. The gun contained ten rounds of live ammunition and had a bullet in the chamber, the complaint states.
Phillips was arrested early Wednesday morning by federal and local law enforcement officers executing a court-authorized search warrant in the 2700 block of West Flournoy Street in the East Garfield Park neighborhood, according to the complaint. Officers discovered a semiautomatic handgun in a bedroom, the complaint states. An ATF special agent reviewed the firearm and determined it was equipped with an auto-sear device, also known as a “switch,” which transformed the firearm into a machinegun capable of automatically shooting more than one shot without manually reloading, the complaint states.
The public is reminded that a complaint is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The charges are punishable by up to ten years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
In addition to the resources allocated under Operation Legend, the U.S. Attorney’s Office holds gun offenders accountable through Project Guardian and Project Safe Neighborhoods – the Department of Justice’s violent crime reduction strategies. Project Guardian focuses specifically on investigating, prosecuting, and preventing gun crimes, and it emphasizes the importance of using modern technologies to promote gun crime intelligence. The U.S. Attorney’s Office has deployed the Guardian and PSN programs to attack a broad range of violent crime issues facing the district, including by prosecuting individuals who illegally possess firearms.
The Americans with Disabilities Act – 30th AnniversaryRead the Press Release
On July 26, 2020, the nation celebrates the 30th anniversary of the landmark legislation known as the Americans with Disabilities Act (ADA). The U.S. Attorney’s Office for the Northern District of Iowa is proud to play a critical role in the Department of Justice’s enforcement efforts under the ADA.
The ADA prohibits discrimination on the basis of disability in many contexts, including employment, state and local government activities, places of public accommodation, transportation, and telecommunications. The Department of Justice is authorized to investigate complaints, conduct compliance reviews to ensure accessibility, initiate and intervene in litigation, and provide technical assistance to businesses, governments, and the general public to promote voluntary compliance with the ADA.
“Our office is proud to continue its work to enforce the ADA and to uphold its promise of equal access and opportunity for all,” said U.S. Attorney Peter E. Deegan, Jr.
Over the past 30 years, our 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. On this anniversary, we commemorate the many ways that 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. And as a society, we are better and stronger because of the contributions that people with disabilities make.
For more information on the ADA, please call the Department of Justice’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or 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/.
Tennessee resident sentenced to 56 monthsRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today, George Ruth, 64, Morristown, Tennessee, was sentenced to 56 months in federal prison for defrauding the United States Department of the Treasury, Internal Revenue Service, and the Social Security Administration.
“Mr. Ruth has tried making a career of getting something for nothing,” said Minkler. “He was not that good at it and this sentence should put an end to it. Don’t steal from the government and the programs in place to help those in need and expect law abiding citizens to carry your responsibility.
Beginning January 2010, and continuing until in or around November 2017, Ruth and his co-conspirators, Norman Flick, Kenneth Burton, and Carlos Aubrey, conspired to file earnings statements with the Social Security Administration that reported false earnings, false employment, and other false items, to obtain money, in the form of fraudulent Social Security benefits.
Ruth and others sought to enrich themselves by submitting false and fictitious IRS Forms purportedly from Lehman Brothers and other bankrupt companies, to the SSA. The IRS Forms contained false and fraudulent earnings and employment information that would increase their monthly Social Security benefits and result in lump sum “back pay” payments to themselves and others.
In total, Ruth unlawfully obtained or attempted to obtain approximately $1,083,180 in Social Security benefits to which he was not entitled.
Beginning January 2011, and continuing until in or around October 2017, Ruth and his co-conspirators also conspired to prepare and submit to the IRS false and fraudulent federal income tax returns so they could unlawfully obtain federal income tax refunds.
They continued to enrich themselves by preparing and submitting to the IRS false and fraudulent U.S. individual income tax returns to unlawfully obtain federal income tax refunds to which they were not titled. In total, Ruth and the others unlawfully obtained or attempted to obtain approximately $3,707,585.98 in federal income tax refunds to which they were not entitled.
Co-conspirators, Kenneth Burton and Carlos Aubrey were previously sentenced. Norman Flick is deceased.
This case was investigated by the Social Security Administration, Office of Inspector General and IRS Criminal Investigation.
“The stiff sentence announced today is a demonstration of our tireless commitment to hold individuals accountable who seek to defraud SSA by submitting false documentation for unlawful financial gain,” said Gail S. Ennis, Inspector General of Social Security. “I am pleased to see the final chapter today of this far-reaching conspiracy, which was designed to steal more than $1 million from the taxpayers. I appreciate the U.S. Attorney’s support of our investigation, and I want to recognize IRS Criminal Investigation and the U.S. Postal Inspection Service for their efforts to see justice done in this case.”
“Mr. Ruth has been prosecuted previously and has not learned his lesson,” said Kathy Enstrom, Special Agent in Charge of the IRS Criminal Investigation Chicago Field Office. “This prosecution of Mr. Ruth shows the American taxpayers that IRS-CI, the United States Attorney’s Office, and our federal counterparts are working hard to protect taxpayer funds. We will continue to investigate and prosecute these offenders, especially when they don’t get the message the first time.”
According to Assistant United States Attorney Jeffery D. Preston, who prosecuted this case for the government, Ruth must also serve three years of supervised release, pay $1,083,160 to the Social Security Administration and $95,132 to the Internal Revenue Service.
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 partner with federal and local law enforcement agencies to prosecute complex and large-scale fraud schemes and those engaged in income tax evasion; filing false tax returns and schemes to defraud involving tax returns. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Sections 5.1, 5.4)
Supplier to Puerto Rican Aquarium Business Pleads Guilty to Two Lacey Act Felonies for Illicit Trafficking of Protected Reef CreaturesRead the Press Release
A resident of Juncos, Puerto Rico, pleaded guilty today to two felony violations of the Lacey Act for collecting, falsely labeling, and shipping protected marine invertebrate species as part of an effort to subvert Puerto Rican law designed to protect corals and other reef species, the Department of Justice announced.
In 2015 and 2016, Juan Pablo Castro-Torres, aka Paoly, supplied marine invertebrates, such as Ricordea, to an Arecibo-based aquarium store known as “Wonders of the Reef.” The business would sell these coral-like organisms to customers in the mainland United States and foreign countries for use in high-end saltwater aquariums, even though it is illegal to harvest Ricordea, zoanthids, and anemones in Puerto Rico if the specimens are going to be sent off-island or otherwise sold commercially. Castro-Torres personally collected many of the Ricordea and other reef creatures that were sold off-island. Because Ricordea are attached to the reef substrate, the defendant would utilize a chisel to break off the animals, and in doing so, take chunks of the reef with him, which caused habitat damage in addition to removing the individual creatures.
The Arecibo store was run by Aristides Sanchez. Castro-Torres began supplying Sanchez’s business with Ricordea after Puerto Rican law enforcement seized one of Sanchez’s illegal shipments of marine invertebrates in March 2015. Sanchez pleaded guilty to related Lacey Act violations in August 2017 and is awaiting sentencing.
In order to cover up the nature of his shipments and to avoid detection from governmental inspection authorities, Castro-Torres also falsely labeled live shipments as inanimate objects. While there is some variation in the price of Ricordea depending on coloration, size, and other factors, Castro-Torres admitted that the value of the illegal marine life directly attributable to him was worth approximately $15,000.
Castro-Torres will be sentenced at a later date.
This case was investigated as part of Operation Rock Bottom and Operation Borinquen Chisel by Special Agents of the U.S. Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration with support from the USFWS Inspectors. The case is being prosecuted by Christopher L. Hale of the Justice Department’s Environmental Crimes Section along with Assistant U.S. Attorney Carmen Marquez of the U.S. Attorney’s Office for the District of Puerto Rico.
Strip mall property owners settle ADA violationsRead the Press Release
HOUSTON – The owners of several Houston-area properties have settled allegations under Title III of the Americans with Disabilities Act (ADA) to remove barriers and greatly improve physical accessibility, announced U.S. Attorney Ryan K. Patrick.
The announcement comes as the nation commemorates the 30th anniversary of the passage of the ADA on July 26.
Under the ADA, persons with disabilities shall be afforded the opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages or accommodations equal to that afforded to other individuals. Title III mandates that no individual shall be discriminated against on the basis of a disability by any person who owns, leases or operates a place of public accommodation.
Strip shopping centers are places of public accommodation. As such, the owners are subject to Title III requirements.
To date, five such property owners have entered into settlements to remedy all violations the United States has identified and bring them into compliance with the ADA. Those include 11120-A North Freeway which Hana Assets Ltd. owns as well as the SS Village LLC-owned properties known as Fondren Southwest Village-East and Fondren Southwest Village-West. These actions add to the two other previous announcements regarding 5101 Bingle and 10092 Veterans Memorial Dr.
Investigators continue to conduct on-site inspections to evaluate compliance with the ADA. Those found to be in violation have the option of entering into voluntary settlement agreements in which they agree to modify their property to meet ADA requirements. Property owners who refuse to do so could face a civil lawsuit.
The United States Attorney is authorized to commence a civil action when there is a belief discrimination exists, seeking full compliance with the ADA, including requiring the owners and operators of places of public accommodations to remedy the violations and pay civil monetary penalties.
Assistant U.S. Attorneys Keith Edward Wyatt and Annalisa Cravens are handling the matters with the assistance of Paralegal Specialist Raymond Babauta.
Statement on the arrest of Juan TangRead the Press Release
UPDATE
Pursuant to a motion by the government, the case against defendant Juan Tang described in the news release below was dismissed by the court on July 23, 2021.
Juan Tang, a Chinese national and former researcher at the University of California at Davis, was recently taken into federal custody by the FBI on an arrest warrant and complaint that were filed on June 26, and unsealed on July 20. Tang is scheduled to make an initial appearance in Sacramento on July 27 at 2:00 PM.
Statement of U.S. Attorney Brian T. MoranRead the Press Release
“I want to be very clear regarding the role of federal agents summoned to Seattle. They are here to protect federal properties and the important work that occurs in our courthouses and federal buildings. These are the places where federal judges decide cases and controversies, including those filed by protestors against the City, where social security benefits are processed, citizenship is made possible, and where the rights of the accused are protected.
Last weekend, the Nakamura Federal Courthouse was broken into, a smoke bomb and an American flag were burned, and the building was tagged with graffiti inside and out. These actions were not peaceful protests that my office and the Constitution works to protect. The Nakamura building bears the name of Seattle native Private First Class William Kenzo Nakamura. Before joining the U.S. Army in 1942, Nakamura and his Japanese American family were sent to an incarceration camp. He died in action near Castellina, Italy on July 4th, 1944, while protecting his platoon from withering machine gun fire. Private Nakamura was posthumously awarded the Congressional Medal of Honor, our nation’s highest award for heroism. The people who attacked this building, a building where wrongs are righted and disputes are settled according to the rule of law, are not protesting anything; they seek only to disrupt and destroy, and through their acts, they dishonor Private Nakamura’s memory and his extraordinary sacrifice for his country.
I and my colleagues are reaching out to community leaders with one message: Let’s not let the violence that has marred the Portland protests damage peaceful movements here for a more just society. These federal agents will join our usual law enforcement staff to safeguard our federal buildings. My hope is our community will speak with one voice to discourage those who seek to hijack peaceful protests with damage and destruction. “
Statement of Civil Rights Division Assistant Attorney General Eric Dreiband on the 30th Anniversary of the Americans with Disabilities ActRead the Press Release
Assistant Attorney General for the Civil Rights Division Eric Dreiband released the following statement on the 30th anniversary of the Americans with Disabilities Act (ADA):
“With the passage of the ADA, our nation committed itself to a clear and comprehensive mandate: the elimination of discrimination against people with disabilities. As President George H.W. Bush said just before he signed the ADA into law, “with today’s signing of the landmark Americans for Disabilities Act, every man, woman, and child with a disability can now pass through once-closed doors into a bright new era of equality, independence, and freedom.”
Today, on the thirtieth anniversary of this historic law, we commemorate the many ways that 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 enjoy the same opportunity as all Americans to participate in everything this great nation has to offer.
Since the passage of the ADA, the Civil Rights Division has been at the forefront of enforcing its protections and vindicating the rights of people with disabilities across this country. The division works day in and day out to further the goals of the ADA — through mediation, technical assistance, outreach, and enforcement.
Since 2017, the department has entered into more than 200 agreements to further accessibility for people with disabilities. From ensuring equal employment opportunities to ensuring equal access to polling places; from ensuring inclusive child care and schools to ensuring nondiscriminatory health care — the breadth of the division’s work reflects the remarkable breadth of the statute itself.
Indeed, the department’s work enforcing the ADA touches every aspect of American life. For instance, in the area of employment, the department works to ensure that people with disabilities have an equal opportunity to pursue their career goals. In the housing sphere, the department strives to ensure that people with disabilities have an equal opportunity to access housing, including through its through its work to ensure the accessibility of rental offices and its challenges to discriminatory zoning laws.
With respect to education, the department’s enforcement efforts span from early learning centers through postsecondary programs to ensure that the doors of educational opportunity are fully open to students with disabilities. And the department’s ADA Voting Initiative helps voters with disabilities to exercise one of their most fundamental rights — to cast their ballot on the same terms and with the same level of independence and privacy as voters without disabilities. Through this initiative, the department has surveyed more than 2,000 polling places and increased polling place accessibility in more than 50 jurisdictions.
The department also recognizes that equal access to medical providers like doctor’s offices, pharmacies, and hospitals is vital to ensuring the wellbeing of people with disabilities. The department’s Barrier-Free Health Care Initiative ensures that people with disabilities are able to access health care, without physical, attitudinal, or communication barriers. And recognizing that transportation serves as a gateway to participation in all aspects of community life, the department continues to vigorously enforce the ADA’s guarantees of increased access to public and private transportation.
Finally, the department’s efforts to enforce the Supreme Court’s decision in Olmstead v. L.C. to redress the unnecessary segregation of people with disabilities go to the heart of the ADA’s promises. Through the department’s Olmstead work, more than 50,000 individuals with disabilities now have opportunities to live and work in their communities, alongside their neighbors.
The department is proud to play a leading role in safeguarding the civil rights of individuals with disabilities. Yet, even as we celebrate the last 30 years’ progress, we know that our work is not done and that barriers to equal opportunity remain. We recommit to our work of making the promise of the ADA a reality, enabling all Americans with disabilities to achieve their dreams and reach their full potential. On this anniversary, we remember the words of President George H.W. Bush, who explained the ADA’s importance saying:
“Our success with this act proves that we are keeping faith with the spirit of our courageous forefathers who wrote in the Declaration of Independence: ‘We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights.’ . . . Today’s legislation brings us closer to that day when no Americans will ever again be deprived of their basic guarantee of life, liberty, and the pursuit of happiness.”
Please visit the department’s ADA Anniversary webpage to learn more about the ADA’s history and impact. To learn more about the Department’s ADA work generally, see www.ada.gov.
South San Francisco Resident Pleads Guilty to Tax FraudRead the Press Release
SAN FRANCISCO –Robert Stein, also known as Mikhail Solovey and Michael Swarovski, pleaded guilty to filing a false tax return announced United States Attorney David L. Anderson and Internal Revenue Service – Criminal Investigation Special Agent in Charge Kareem Carter. The plea was accepted by the Hon. Susan Illston, United States District Judge
According to the plea agreement, Stein, 55, of South San Francisco, admitted that while he was in prison serving a prior sentence for fraud, he met S.Z., who was also in prison serving a sentence for investment and securities fraud. After Stein and S.Z. were released from prison, S.Z. offered Stein a marketing job, to be paid by commission, selling securities and recruiting investors. Stein worked for S.Z. beginning in late 2012, and continuing through 2017. S.Z. provided Stein with a database of potential investors for him to make cold calls for securities sales. S.Z. also provided Stein with a misleading script for these cold calls. Stein admitted in his plea agreement that he lied to investors in at least two ways. First, Stein concealed his prior fraud convictions by misrepresenting his name and his background. Second, he misled the investors as he eventually figured out that the investments S.Z had him sell had overstated financial results. During that time, Stein convinced investors to send at least $2,336,681 to S.Z. who paid Stein approximately $416,564 in commissions as part of the scheme. Stein failed to report the commissions on his U.S. Individual Income Tax Returns. To conceal the commission income from the IRS, Stein deposited the commissions into two nominee corporations’ bank accounts, Massachusetts Diagnostic Service, Inc. (MDS) and R&M Marketing (R&M) accounts in 2014, 2015, 2016, and 2017. To further conceal commission income from the IRS, Stein also caused a tax return preparer to prepare and file false corporate income tax returns for MDS and R&M. The unreported income resulted in a tax due in the amount of $98,197.
Stein’s sentencing hearing is scheduled for October 30, 2020, before Judge Illston. Stein was charged by information on July 6, 2020 with one count of filing a false tax return for the year 2013. He pleaded guilty to the one count. The maximum statutory penalty for filing a false tax return, in violation of Title 26, U.S.C. § 7206(1) is three years in prison, a fine of $250,000 and one year of supervised release. However, any sentence will 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.
The case is being prosecuted by the Special Prosecutions Unit of the United States Attorney’s Office for the Northern District of California. The prosecution is the result of an investigation by the Internal Revenue Service – Criminal Investigation.
Six Former NFL Players Charged in Superseding Indictment Alleging Nationwide Fraud on Health Care Benefit Program for Retired NFL PlayersRead the Press Release
Six former National Football League (NFL) players have been charged in a superseding indictment in the Eastern District of Kentucky for their alleged roles in a nationwide fraud on a health care benefit program for retired NFL players.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Robert M. Duncan, Jr. for the Eastern District of Kentucky, and FBI Special Agent in Charge George L. Piro of the Miami Field Office made the announcement.
Darrell Reid, 38, of Farmingdale New Jersey, Antwan Odom, 38, of Irvington, Alabama, Anthony Montgomery, 36, of Cleveland, Ohio, Clinton Portis, 38, of Fort Mill, South Carolina, Tamarick Vanover, 46, of Tallahassee, Florida, and Robert McCune, 41, of Riverdale, Georgia, were charged in the superseding indictment. Each of the defendants was charged with one count of conspiracy to commit health care fraud and wire fraud. Reid, Odom, Montgomery, and Portis were also each charged with one count of wire fraud and one count of health care fraud. Vanover was also charged with two counts of wire fraud and two counts of health care fraud. And McCune was also charged with 10 counts of wire fraud, 12 counts of health care fraud, and three counts of aggravated identity theft.
McCune and 11 other former NFL players, including Portis and Vanover, were previously charged in the Eastern District of Kentucky in December 2019 for their alleged roles in the fraud. The alleged fraud targeted the Gene Upshaw NFL Player Health Reimbursement Account Plan (the Plan), which was established pursuant to the 2006 collective bargaining agreement and provided for tax-free reimbursement of out-of-pocket medical care expenses that were not covered by insurance and that were incurred by former players, their wives and their dependents – up to a maximum of $350,000 per player. According to the charging documents, over $3.9 million in false and fraudulent claims were submitted to the Plan, and the Plan paid out over $3.4 million on those claims between June 2017 and December 2018.
Since the initial charges were announced, seven of the defendants have entered guilty pleas. Correll Buckhalter, James Butler, Joseph Horn, Etric Pruitt, Ceandris Brown, John Eubanks and Donald “Reche” Caldwell, who passed away in June, each pleaded guilty to conspiracy to commit health care fraud. On June 22, 2020, Brown was sentenced for his role in the scheme to a term of incarceration of 12 months and one day. Sentencing for the remaining defendants is pending.
The superseding indictment adds Reid, Odom, and Montgomery as defendants for their roles in the scheme, and it adds additional charges against McCune: three counts of aggravated identity theft for McCune’s unlawful use of the identity of other persons as part of this scheme; and two counts of health care fraud for a scheme whereby McCune allegedly submitted or caused the submission of false and fraudulent claims to the Plan on his own behalf.
The superseding indictment alleges that the scheme to defraud involved the submission of false and fraudulent claims to the Plan for expensive medical equipment – typically between $40,000 and $50,000 for each claim – that was never purchased or received. The expensive medical equipment described on the false and fraudulent claims included hyperbaric oxygen chambers, cryotherapy machines, ultrasound machines designed for use by a doctor’s office to conduct women’s health examinations and electromagnetic therapy devices designed for use on horses.
The superseding indictment further alleges that McCune, Vanover, and others recruited other players into the scheme by offering to submit or cause the submission of these false and fraudulent claims in exchange for kickbacks and bribes that ranged from a few thousand dollars to $10,000 or more per claim submitted. As part of the scheme, the defendants allegedly fabricated supporting documentation for the claims, including invoices, prescriptions and letters of medical necessity.
This case was investigated by the FBI and is being prosecuted by the Health Care Fraud Unit of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Kentucky. The investigation included efforts by various FBI Field Offices and Resident Agencies, including: Augusta, Georgia; Birmingham and Mobile, Alabama; Cleveland, Ohio; Chicago, Illinois; Columbia, South Carolina; Dallas and Houston, Texas; Denver, Colorado; Jackson, Mississippi; Lexington, Kentucky; New Orleans, Louisiana; Miami, Jacksonville and Tampa, Florida; Newark, New Jersey; Los Angeles, San Diego, Sacramento and Newport Beach, California; Phoenix, Arizona; Salt Lake City, Utah and Washington, D.C.
Trial Attorneys John (Fritz) Scanlon, Alexander J. Kramer and Thomas J. Tynan of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Paul C. McCaffrey and Andrew E. Smith of the Eastern District of Kentucky are prosecuting the cases.
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.
Sioux Falls Man Convicted by Federal Jury of Conspiracy to Distribute MethRead the Press Release
United States Attorney Ron Parsons announced that Gabriel Orlando Ramirez, a/k/a “Cheech,” age 43, of Sioux Falls, South Dakota, was found guilty of Conspiracy to Distribute a Controlled Substance as a result of a federal jury trial in Sioux Falls, South Dakota.
The charges carry a mandatory minimum of 10 years, up to life, in federal prison and/or a $10 million fine, a mandatory minimum of 5 years, up to life, of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Ramirez was indicted by a federal grand jury on May 8, 2019.
Beginning on an unknown date and continuing until May 8, 2019, Ramirez knowingly and intentionally conspired with others to distribute over 500 grams of methamphetamine, which is a Schedule II controlled substance.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the South Dakota Division of Criminal Investigation, the Minnehaha County Sheriff’s Office, the Sioux Falls Police Department, the Drug Enforcement Administration, and the South Dakota Highway Patrol. Assistant U.S. Attorneys Jeffrey C. Clapper and Jennifer Mammenga prosecuted the case.
A presentence investigation was ordered and a sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service.
Singaporean National Pleads Guilty to Acting in the United States as an Illegal Agent of Chinese IntelligenceRead the Press Release
Jun Wei Yeo, also known as Dickson Yeo, entered a plea of guilty today to one count of acting within the United States as an illegal agent of a foreign power without first notifying the Attorney General, in violation of 18 U.S.C. § 951. Yeo’s plea was entered via videoconference before the Honorable Tanya S. Chutkan in the U.S. District Court for the District of Columbia.
The announcement was made by John G. Demers, Assistant Attorney General; Michael R. Sherwin, Acting U.S. Attorney for the District of Columbia; Timothy R. Slater, Assistant Director in Charge of the Federal Bureau of Investigation’s (FBI) Washington Field Office; and Alan E. Kohler, Jr., Assistant Director of the FBI's Counterintelligence Division.
“The Chinese Government uses an array of duplicity to obtain sensitive information from unsuspecting Americans,” said Assistant Attorney General for the Justice Department's National Security Division John C. Demers. “Yeo was central to one such scheme, using career networking sites and a false consulting firm to lure Americans who might be of interest to the Chinese government. This is yet another example of the Chinese government’s exploitation of the openness of American society.”
“Today’s guilty plea underscores the ways that the Chinese government continues to target Americans with access to sensitive government information, including using the Internet and non-Chinese nationals to target Americans who never leave the United States,” said Michael R. Sherwin, Acting U.S. Attorney for the District of Columbia. “We will continue to prosecute those who use deceptive practices on the Internet and elsewhere to undermine our national security.”
“At the direction of Chinese intelligence operatives, the defendant targeted U.S. government employees and an Army officer to obtain information for the government of China. Mr. Yeo admits he set up a fake consulting company to further his scheme, looked for susceptible individuals who were vulnerable to recruitment, and tried to avoid detection by U.S. authorities,” said Alan E. Kohler Jr., Assistant Director of the FBI's Counterintelligence Division. “But this isn't just about this particular defendant. This case is yet another reminder that China is relentless in its pursuit of U.S. technology and policy information in order to advance its own interests. The FBI and our partners will be just as aggressive in uncovering these hidden efforts and charging individuals who break our laws.”
“Mr. Yeo admitted that he not only provided valuable information to Chinese intelligence, but also that he knowingly recruited others in the U.S. to do the same,” said FBI Washington Field Office Assistant Director in Charge Timothy R. Slater. “The tactics Mr. Yeo used to target cleared individuals on professional networking social media sites are just one facet of the full court press China employs on a daily basis to obtain non-public U.S. government information. The FBI urges citizens, especially those holding security clearances, to be cautious when being approached by individuals on social media sites with implausible career opportunities. We are committed to holding those accountable who attempt to work for Chinese intelligence and other adversaries to the detriment of our national security.”
“The Diplomatic Security Service is firmly committed to working with the U.S. Attorney’s Office and our other law enforcement partners to investigate allegations of crime and protect our national security,” said Galen J. Nace, Deputy Assistant Director for Counterintelligence of the Department of State’s Diplomatic Security Service (DSS).
As outlined in the statement of offense, Yeo began working with Chinese intelligence officers as early as 2015, initially targeting other Asian countries, but then focusing on the United States. In response to taskings from his Chinese intelligence contacts, Yeo worked to spot and assess Americans with access to valuable non-public information, including U.S. military and government employees with high-level security clearances. After Yeo identified American targets, he solicited them for non-public information and paid them to write reports. Yeo told these American targets that the reports were for clients in Asia, without revealing that they were in fact destined for the Chinese government.
Yeo made use of various social media sites to carry out the taskings given to him by Chinese intelligence operatives. In 2018, Yeo created a fake consulting company that used the same name as a prominent U.S. consulting firm that conducts public and government relations, and Yeo posted job advertisements under that company name. Ninety percent of the resumes Yeo received in response were from U.S. military and government personnel with security clearances, and he passed resumes of interest to one of the Chinese intelligence operatives.
Yeo also used a professional networking website that is focused on career and employment information to carry out the taskings he received from Chinese intelligence officials. Yeo used the professional networking website to find individuals with resumes and job descriptions suggesting that they would have access to valuable information. After he identified individuals worth targeting, Yeo followed guidance he received from Chinese intelligence operatives regarding how to recruit potential targets, including identifying their vulnerabilities, such as dissatisfaction with work or financial difficulties.
The maximum penalty for a violation of 18 U.S.C. § 951 is ten years. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The defendant’s sentence will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing is set for Oct. 9, 2020 before the Honorable Tanya S. Chutkan.
The investigation into this matter was conducted by the FBI’s Washington Field Office and DSS. The case is being prosecuted by Assistant U.S. Attorneys Thomas N. Saunders and Erik M. Kenerson of the National Security Section of the U.S. Attorney’s Office for the District of Columbia, along with David Aaron of the Counterintelligence and Export Control Section of the National Security Division. If you suspect you have been the target of a recruitment scheme, contact your local FBI Field Office.
Singaporean National Pleads Guilty to Acting in the United States as an Illegal Agent of Chinese IntelligenceRead the Press Release
WASHINGTON – Jun Wei Yeo, also known as Dickson Yeo, entered a plea of guilty today to one count of acting within the United States as an illegal agent of a foreign power without first notifying the Attorney General, in violation of 18 U.S.C. § 951. Mr. Yeo’s plea was entered via videoconference before the Honorable Tanya S. Chutkan in the United States District Court for the District of Columbia. The announcement was made by John G. Demers, Assistant Attorney General; Michael R. Sherwin, Acting United States Attorney for the District of Columbia; Timothy R. Slater, Assistant Director in Charge of the Federal Bureau of Investigation’s (FBI) Washington Field Office; and Alan E. Kohler, Jr., Assistant Director of the FBI's Counterintelligence Division.
“The Chinese Government uses an array of duplicity to obtain sensitive information from unsuspecting Americans,” said Assistant Attorney General for National Security John C. Demers. “Yeo was central to one such scheme, using career networking sites and a false consulting firm to lure Americans who might be of interest to the Chinese government. This is yet another example of the Chinese government’s exploitation of the openness of American society.”
“Today’s guilty plea underscores the ways that the Chinese government continues to target Americans with access to sensitive government information, including using the Internet and non-Chinese nationals to target Americans who never leave the United States,” said Michael R. Sherwin, Acting United States Attorney for the District of Columbia, “We will continue to prosecute those who use deceptive practices on the Internet and elsewhere to undermine our national security.”
“Mr. Yeo admitted that he not only provided valuable information to Chinese intelligence, but also that he knowingly recruited others in the U.S. to do the same,” said FBI Washington Field Office Assistant Director in Charge Timothy R. Slater. “The tactics Mr. Yeo used to target cleared individuals on professional networking social media sites are just one facet of the full court press China employs on a daily basis to obtain non-public U.S. government information. The FBI urges citizens, especially those holding security clearances, to be cautious when being approached by individuals on social media sites with implausible career opportunities. We are committed to holding those accountable who attempt to work for Chinese intelligence and other adversaries to the detriment of our national security."
"At the direction of Chinese intelligence operatives, the defendant targeted U.S. government employees and an Army officer to obtain information for the government of China. Mr. Yeo admits he set up a fake consulting company to further his scheme, looked for susceptible individuals who were vulnerable to recruitment, and tried to avoid detection by U.S. authorities," said Alan E. Kohler, Jr., Assistant Director of the FBI's Counterintelligence Division. "But this isn't just about this particular defendant. This case is yet another reminder that China is relentless in its pursuit of U.S. technology and policy information in order to advance its own interests. The FBI and our partners will be just as aggressive in uncovering these hidden efforts and charging individuals who break our laws."
“The Diplomatic Security Service is firmly committed to working with the U.S. Attorney’s Office and our other law enforcement partners to investigate allegations of crime and protect our national security,” said Galen J. Nace, Deputy Assistant Director for Counterintelligence of the Department of State’s Diplomatic Security Service (DSS).
As outlined in the Statement of Offense, Yeo began working with Chinese intelligence officers as early as 2015, initially targeting other Asian countries, but then focusing on the United States. In response to taskings from his Chinese intelligence contacts, Yeo worked to spot and assess Americans with access to valuable non-public information, including U.S. military and government employees with high-level security clearances. After Yeo identified American targets, he solicited them for non-public information and paid them to write reports. Yeo told these American targets that the reports were for clients in Asia, without revealing that they were in fact destined for the Chinese government.
Yeo made use of various social media sites to carry out the taskings given to him by Chinese intelligence operatives. In 2018, Yeo created a fake consulting company that used the same name as a prominent U.S. consulting firm that conducts public and government relations, and Yeo posted job advertisements under that company name. Ninety percent of the resumes Yeo received in response were from U.S. military and government personnel with security clearances, and he passed resumes of interest to one of the Chinese intelligence operatives.
Yeo also used a professional networking website that is focused on career and employment information to carry out the taskings he received from Chinese intelligence officials. Yeo used the professional networking website to find individuals with resumes and job descriptions suggesting that they would have access to valuable information. After he identified individuals worth targeting, Yeo followed guidance he received from Chinese intelligence operatives regarding how to recruit potential targets, including identifying their vulnerabilities, such as dissatisfaction with work or financial difficulties.
The maximum penalty for a violation of 18 U.S.C. § 951 is ten years. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The defendant’s sentence will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors. Sentencing is set for October 9, 2020 before the Honorable Tanya S. Chutkan.
The investigation into this matter was conducted by the Federal Bureau of Investigation’s Washington Field Office and the U.S. Department of State’s Diplomatic Security Service. The case is being prosecuted by Assistant U.S. Attorneys Thomas N. Saunders and Erik M. Kenerson of the National Security Section of the U.S. Attorney’s Office for the District of Columbia, along with David Aaron of the Counterintelligence and Export Control Section of the National Security Division of the Department of Justice. If you suspect you have been the target of a recruitment scheme, contact your local FBI Field Office.
Sinclairville Man Pleads Guilty to Drug Conspiracy ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Tracy Griffin, 38, of Sinclairville, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, acetyl fentanyl, fentanyl, and crack cocaine. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that in January 2019, the defendant, and co-defendant Brandon Blackshear, conspired to sell acetyl fentanyl, fentanyl, and crack cocaine. On January 2 and January 22, 2019, members of the Southern Tier Regional Drug Task Force conducted controlled purchases of crack cocaine from Griffin and Blackshear.
Charges remain pending against Brandon Blackshear. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Bureau of Indian Affairs, under the direction of Jason Thompson, Associate Director of the Office of Justice Services; the Southern Regional Drug Task Force, under the direction of the Cattaraugus County Sheriff’s Office and Sheriff Timothy Whitcomb; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for October 29, 2020, at 12:30 p.m. before Judge Arcara.
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Romanian Pleads Guilty to Attempted Bank Fraud Using an ATM Skimming DeviceRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that a Romanian citizen pleaded guilty to attempted bank fraud on Tuesday morning, July 21, 2020, admitting that he used an ATM skimming device in an attempt to steal money from the City Savings Bank in Deridder, Louisiana. U.S. District Judge James D. Cain, Jr. presided over the hearing.
As part of his plea agreement, Gigi Velcu, 37, admitted that he attempted to defraud and intended to defraud the bank’s customers by using skimming equipment, including a camera, at the bank’s ATM. The skimming equipment was used to collect bank customer card data and the camera recorded the keypad as customers entered their PINs.
After receiving a complaint from City Savings Bank, the DeRidder Police Department initiated surveillance of the ATM. Velcu was seen on the surveillance video inserting a card into the ATM’s reader in order to activate the harvesting of the bank account numbers contained on the skimming device’s hard drive. Velcu further admitted that the bank account information and video recordings of the PINs would have been used to create counterfeit debit cards which would then be used to make purchases and obtain cash.
At sentencing on October 15, 2020, Velcu faces 30 years in prison, a $1,000,000 fine, five years of supervised release, and possible deportation.
The Federal Bureau of Investigation and the DeRidder Police Department investigated the case. Assistant U.S. Attorney David J. Ayo is prosecuting 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.
Rochester Man Pleads Guilty to Threatening to Shoot U.S. CongressmanRead the Press Release
SPRINGFIELD, Ill. – A Rochester, Ill., man, Randall E. Tarr, today entered a plea of guilty to making a threat against U.S. Congressman Rodney Davis. Tarr, 65, of the 200 block of E. Mill St., Rochester, Ill., entered his plea by video conference before U.S. Magistrate Judge Tom Schanzle-Haskins in Springfield. Sentencing for Tarr has been scheduled on Nov. 20, 2020, before U.S. District Judge Sue E. Myerscough.
At today’s hearing, Tarr admitted that on the morning of Nov. 25, 2019, he called the Decatur, Ill., office of Congressman Davis and left a profanity-filled voicemail message in which he threatened to shoot the congressman.
According to court documents, the voicemail message was forwarded to U.S. Capitol Police, in Washington, D.C. Through caller ID, police identified Tarr as the alleged caller and U.S. Capitol Police contacted the Rochester Police Department to ask officers to make contact with Tarr. Rochester police officers made initial contact with Tarr on Nov. 25, at his residence, and FBI special agents subsequently interviewed Tarr.
The offense, making a threat to a federal official, carries a maximum penalty of up to 10 years in prison.
Assistant U.S. Attorney Crystal C. Correa is representing the government in the prosecution. The U.S. Capitol Police, FBI, and the Rochester Police Department conducted the investigation.
Rochester Man Pleads Guilty to Fraud Scheme, Sham Business to Resell Medical Equipment Defrauded Victims of more than $250,000Read the Press Release
SPRINGFIELD, Ill. – A Rochester, Ill., man, Chase Brown, 20, of the 1000 block of Heathrow Lane, today entered pleas of guilty to charges as filed for operating a medical equipment reseller business that defrauded businesses from various states of more than $250,000. Brown entered his pleas before U.S. Magistrate Judge Tom Schanzle-Haskins this afternoon. Sentencing for Brown is scheduled on Dec. 3, 2020, before U.S. District Judge Richard Mills.
Brown admitted that he established a business known as Midwest Surgical, LLC, in May 2019, purportedly to engage in the purchase and resale of medical equipment. As part of the scheme, in December 2018, Brown applied for an aviation credit card. In the application, Brown falsely stated that Midwest’s annual revenue was more than $18 million and that it employed 26 employees. After obtaining the credit card, Brown incurred more than $200,000 in charges for fuel, private charter flights and plane maintenance, including approximately $4,500 from an aviation company in Springfield, Ill.
Brown admitted that he repeatedly made false promises and representations to persons and businesses throughout the country that he would buy or sell medical equipment that he had no intention or ability to sell or purchase. After falsely representing that he would sell medical equipment, Brown used the buyers’ credit card information for personal purchases for himself and one or more of his friends but never provided the equipment to the buyer, Similarly, after falsely representing to a seller that he would purchase medical equipment, Brown provided false or fraudulent payment information, knowing that he had no intention or ability to legitimately fund the purchases.
The Federal Deposit Insurance Corporation (FDIC) Office of Inspector General and the Springfield Police Department conducted the investigation. Assistant U.S. Attorney Timothy A. Bass represents the government in the prosecution.
At sentencing, the statutory penalty for each count of wire fraud (two counts) is up to 30 years in prison; for access device fraud, the penalty is up to 10 years in prison.
Brown remains detained in the custody of the U.S. Marshals Service since his arrest in Florida on March 10, 2020.
Rochester Man Pleads Guilty to Production of 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 Sean R. Sullivan, 50, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to production of child pornography. The charges carry a mandatory minimum sentence of 15 years in prison, a maximum of 30 years, and a fine of $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between 2005 and 2009, the defendant produced several images of Minor Victim 1 (MV1) sleeping in her bed. MV1 was approximately five years old in 2005. The images show Sullivan performing a sexual act on MV1 while she slept. In addition, between 2009 and 2014, Sullivan hid surveillance cameras in his residence in the bathroom, living room, and MV1’s bedroom. Using those cameras, defendant produced several images of MV1 in various stages of undress which constitute child pornography. MV1 also produced images of MV1 engaging in a sexual act with Minor Victim 2 (MV2), another individual under the age of 18.
The plea is the result of an investigation led by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for November 4, 2020, at 2:00 p.m. before Chief Judge Geraci.
Rochester Man Pleads Guilty to Possession of 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 Jason Schwartz, 48, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography, including prepubescent images. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that in October 2018, an undercover law enforcement officer connected with an IP address over a Peer-to-Peer Network. The IP address shared two videos containing child pornography with the undercover officer. Subsequent investigation located the residence associated with that IP address. On December 11, 2018, the owner, a friend of Schwartz, advised investigators that the defendant was using his computer equipment to “download movies.” Investigators then searched the computer used by Schwartz and found approximately 475 images containing child pornography. Some of the images depicted prepubescent minors and violence.
On September 23, 2016, Schwartz pleaded in state court to Possessing a Sexual Performance by a Child and is a registered sex offender.
The plea is the result of an investigation led by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for October 16, 2020, at 2:00 p.m. before Chief Judge Geraci.
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Rebecca Armell Imprisoned for Frauds on EmployerRead the Press Release
The United States Attorney for the District of Vermont announced that Rebecca Armell, 47, of Shelburne, was sentenced today in United States District Court in Burlington to one year and one day of imprisonment following her guilty plea to a charge of credit card fraud. U.S. District Judge Christina Reiss also ordered that Armell serve three years of supervised release following completion of her prison term and pay restitution totaling $301,000. The court directed Armell to surrender to the Bureau of Prisons on October 13 to begin serving her sentence.
Last December, the United States Attorney filed a one-count information charging Armell with access device fraud. According to the information, in 2018, while employed at the Chimney Sweep in Shelburne, Armell misused the company’s Lowe’s credit card to obtain merchandise having a value in excess of $1000. Armell pleaded guilty to that charge last January.
According to court records, for 20 years prior to December 2018 when she was fired, Armell had worked at the Chimney Sweep – the last ten as a bookkeeper who had check-signing authority. Beginning around 2016, Armell began stealing from the company. She wrote checks to petty cash that she cashed and pocketed the proceeds. She wrote checks to herself that she deposited, falsifying entries in the company’s books to make it appear the checks had been issued to fellow employees. She also misused the company credit card to benefit herself, and charged personal automobile repairs to the Chimney Sweep account. In the aggregate, the losses total around $301,000.
The case was investigated by the U.S. Secret Service upon referral from the Shelburne Police Department.
Armell is represented by Brooks MacArthur. The prosecutor is Assistant U.S. Attorney Gregory Waples.
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.
Queens Man Indicted for Defrauding Pharmaceutical ManufacturerRead the Press Release
Earlier today, at the federal courthouse in Central Islip, an indictment was filed charging Arkadiy Khaimov with conspiring to commit mail and wire fraud by defrauding a pharmaceutical manufacturer of approximately $6.9 million by submitting fraudulent claims under the manufacturer’s Co-pay Coupon Program. Khaimov will be arraigned at a later date.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service (USPIS), Jonathan D. Larsen, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, announced the indictment.
As alleged in the indictment, the pharmaceutical manufacturer, referred to in the indictment as “John Doe Company 1,” established the Co-pay Program to reimburse pharmacies for dispensing a prescription medication. Between approximately February 2017 and July 2018, Khaimov and his co-conspirators submitted claims for approximately $6.9 million in reimbursements under the Co-pay Program for the medications that pharmacies operated by the defendant and his co-conspirators never actually dispensed. In most cases, the pharmacies that the defendant and his co-conspirators operated sought reimbursements for highly unusual 18 or 21-day supplies of the medication, as compared to the 28-day supply that is commonly used in legitimate medical treatment. This enabled the defendant and his co-conspirators to submit approximately two reimbursement claims in the same month. In some cases Khaimov and his co-conspirators fraudulently used the credentials of a Nassau County-based physician to submit the false claims.
“Khaimov allegedly stole millions of dollars from a program that was established to assist patients in need of high-cost medication,” stated Acting United States Attorney DuCharme. “Due to the hard work of our investigators and prosecutors, he will now be held accountable.”
“Taking advantage of a program established to help pharmacies defray the cost of dispensing vital prescription medicine to those who need it most, Khaimov and his co-conspirators allegedly sought to profit from fraudulent claims totaling more than $6 million. It’s utterly discouraging to see people capitalize on any initiative designed to contribute to the greater good, but when the crime is healthcare related, and manufacturers stand to lose millions, nobody wins in the long run. Today’s charges signal an end to this particular instance of fraud, but rest assured, along with our partners, we will continue to seek out and pursue criminal charges wherever else this activity exists,” stated FBI Assistant Director-in-Charge Sweeney.
“Rebate fraud is not a new crime, it’s been investigated by Postal Inspectors for decades. What makes this case different is the size and scope of the scheme. The investigation of fraud crimes involving the U.S. Mail will always be a top priority for the Postal Inspection Service. Today’s arrest reflects a commitment by law enforcement to bring those to justice who participate in schemes to defraud” stated USPIS Inspector-in-Charge Bartlett.
“Fraud schemes that prey on funds intended for the use of those in need in our society, such as the one Mr. Khaimov has perpetrated here, are egregious and a serious concern for law enforcement and the tax-paying public in general”, stated IRS-CI Special Agent-in-Charge Larsen, “In a case like this, IRS-Criminal Investigation takes pride in working shoulder to shoulder with our law enforcement partners to see that the offenders are punished to the fullest extent of the law.”
The charges announced today are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Khaimov faces a maximum sentence of 20 years’ imprisonment.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Bradley T. King, Madeline O’Connor and Department of Justice Trial Attorney Andrew Estes are in charge of the prosecution.
The Defendant:
ARKADIY KHAIMOV, also known as “Alex”
Age: 37
Forest Hills, QueensE.D.N.Y. Docket No. 20-CR-267 (JS)
Quebec trio charged with running fraudulent cryptocurrencyRead the Press Release
United States Attorney Justin Herdman announced today that a federal grand jury sitting in Cleveland has returned a five-count indictment charging Dominic Lacroix, age 38, Yan Ouellet, age 36, and Sabrina Paradis-Royer, age 26, all of Quebec, Canada, with conspiracy to commit securities fraud and wire fraud, wire fraud, and conspiracy to commit money laundering.
"While technologies and the means to make investments may change, one thing remains constant – securities fraud ruins lives and deprives victims of their hard-earned money and savings," said U.S. Attorney Justin Herdman. "Digital currencies are a new type of investment, and just like with traditional securities, you should take the time to research and know exactly what you're getting into before making any type of investment."
"This investigation highlights the specialized skills of FBI Cleveland's Midwestern Cryptocurrency Task Force in addressing matters involving cryptocurrency," said FBI Special Agent in Charge Eric B. Smith. "FBI Cleveland and its task force partners are committed to ensuring new and evolving financial technology is not used as a license to steal and evade scrutiny by law enforcement."
According to the indictment, from May 2017 to December 2017, the defendants conspired together to induce investors to purchase PlexCoin, a cryptocurrency offered through an entity known as PlexCorps. The cryptocurrency would become available to investors during an ICO or Initial Coin Offering. The defendants intended to use the ICO as a way to defraud investors and enrich themselves.
To carry out their alleged scheme, the defendants and their co-conspirators marketed and promoted PlexCorps and the PlexCoin ICO to the public, including investors within the Northern District of Ohio, via social media and publicly accessible Internet websites.
The indictment states that the defendants made numerous false claims about PlexCorps and PlexCoin in order to obtain digital and fiat currency from investors, including that PlexCorps' management consisted of a global "team" of financial, managerial and other subject-matter experts headquartered in Singapore; the proceeds of the PlexCoin ICO would be used to develop other PlexCorps products; and that investors would receive significant returns for their initial investment. The defendants are also alleged to have omitted certain materials facts about the ownership and operations of PlexCorps to conceal their true intent.
According to the indictment, around June 2017, PlexCorps began promoting PlexCoin to the public as a new digital cryptocurrency that would be available through an upcoming ICO. Around August 2017, PlexCorps published a whitepaper for PlexCoin entitled "PlexCoin: The Next Cryptocurrency" ("Whitepaper"), which was available for review on the internet by potential investors. This Whitepaper contained numerous false claims, including that some investments in PlexCoin could result in a 1,354% return.
This Whitepaper explained that funds raised through the PlexCoin ICO and pre-sale would be used to further the maintenance and development of PlexCoin and, later on, allow for PlexCorps to offer additional products and services for sale.
Investors were permitted to begin investing in PlexCoin in August of 2017. During the ICO, investors purchased PlexCoin using a variety of methods, including digital currency, such as Bitcoin, Ether and Litecoin, to wallet addresses on a blockchain. Investors also tendered fiat currency, including USD and Canadian dollars (CAD), and provided credit card information through payment portals available on the PlexCoin website or through U.S.-based online payment processors such as PayPal, Square, or Stripe.
The indictment states that the first transfer of PlexCoin occurred in August of 2017, and the PlexCoin ICO continued through October of 2017. Court documents show that the defendants and their co-conspirators regularly transferred investor funds from the PlexCoin ICO into fiat currency accounts, and cryptocurrency addresses belonging to themselves for the purpose of daily living expenses and home renovation products. Investors purchased approximately $8,000,000 USD worth of PlexCoin throughout the ICO.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant's sentence will be determined by the Court after review of factors unique to this case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation.
In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This investigation was conducted by the Cleveland Division of the FBI and is being prosecuted by Assistant U.S. Attorney Megan Miller.
Presidential Task Force on Protecting Native American Children in the Indian Health Service System Presents Findings to First Lady Melania TrumpRead the Press Release
task_force_report_-_protecting_native_american_children_in_the_indian_health_service_system_april_2020_-_7.23.20_final.pdfThe Presidential Task Force on Protecting Native American Children in the Indian Health Service System presented their findings and recommendations to First Lady Melania Trump at the White House on Thursday.
President Donald Trump announced the formation of the task force in March 2019. He charged the members with investigating the institutional and systemic breakdown that failed to prevent a predatory pediatrician, Dr. Stanley Weber, from sexually assaulting children while acting in his capacity as a doctor in the Indian Health Service (IHS). Weber was eventually convicted in U.S. District Court in Montana and South Dakota and now resides in federal prison.
The First Lady opened Thursday’s session by welcoming participants and thanking them for their work on behalf of the well-being of children and noted that “strong Native American communities are strong American communities.”
Following the First Lady’s remarks, U.S. Attorney Trent Shores, co-chair of the task force, shared an overview of the task force findings.
“The President’s creation of this task force transcends politics. The idea of protecting children is not just a moral obligation, it is a righteous one,” said U.S. Attorney Trent Shores. “The mission he gave us was about government accountability to the people, especially a group of people who historically have been marginalized. We were directed to ask the tough questions and to follow where ever the evidence may lead.”
The Task Force traveled throughout Indian country over a four month period, including visits to Oklahoma, New Mexico, Montana, and South Dakota where the group interviewed healthcare professionals, Native American citizens, tribal leaders, sexual assault experts, tribal school administrators, and teachers.
“The Task Force found dedicated employees for the IHS who were frustrated by institutional inefficiency, bureaucratic red tape, and a lack of clarity when it came to policies that pertain to the reporting of suspected physical and sexual abuse of children.
There were decades of systemic institutional problems that led to an environment where a predatory pedophile could take advantage of government inefficiencies and confusion to sexually abuse children,” U.S. Attorney Shores said.
The task force found that not only did IHS need more uniform policies and training that apply to the reporting of child sex abuse, but that there were larger problems, like IHS’s difficulty in recruiting and training top health professionals and in properly vetting them through a credentialing and licensing committee. When a doctor’s background appeared problematic, licensing committees would often accept the doctor into their hospital because of the overwhelming need to fill the position.
Listed in the report were fundamental and longstanding deficiencies at IHS that included:
• Employees not understanding child abuse reporting obligations;
• Inadequate training of employees regarding child sexual abuse reporting;
• Confusing policies, procedures, and jurisdictional issues when reporting suspected child abuse;
• Systemic issues of low-morale, lack of leadership, and inability to recruit and retain enough qualified healthcare professionals; and
• Deficiencies in verifying and credentialing processes.
Recommendations were presented in the report as collective guidance to provide greater protection to Native American children in IHS. The Task Force made ten recommendations regarding policy, process, and culture change:
I. Require annual, in-person, standardized training of IHS employees conducted by instructors with law enforcement and/or child welfare experience.
II. Make reporting of child abuse easier and more streamlined by creating and publicizing a centralized child abuse hotline.
III. The Director should establish policies and procedures pertaining to allegations of child sexual abuse.
IV. Withhold retiree pay and benefits for civil service employees and USPHS Commissioned Corps officers convicted of sexual exploitation crimes against children.
V. Designate all Federal employees, contractors, and volunteers at Federal facilities, including IHS, as mandatory reporters for reasonable suspicion of child abuse.
VI. IHS should explore the viability and benefits of expanded use of telemedicine.
VII. Bolster recruitment and retention of quality of healthcare professionals.
VIII. Develop and implement a uniform credentialing and privileging policy.
IX. The Secretary of HHS should commission an independent review of USPHS Commissioned Corps management practices within 180 days of this report.
X. Recommend that the President task the Secretary of HHS with following up on the Task Force’s recommendations, including legislative or other actions, every ninety days until implemented.
Recommendations included elevating the Director of IHS to Assistant Secretary of Indian Health within the Department of Health and Human Services. The reported stated that the predominately symbolic change could increase agency morale and would provide parity within the Department of the Interior, which has an Assistant Secretary for Indian Affairs. The task force noted that Tribes had advocated for this change for years. The report also urged Congress to create a way for IHS to reclassify some jobs so the agency could offer better benefits to recruits. The report also recommended that convicted child sex offenders be denied federal pensions.
Task Force Members Include:
Joseph Grogan, Former Assistant to the President for Domestic Policy, Co-Chair
Trent Shores, United States Attorney for the Northern District of Oklahoma, Co-Chair and member of the Choctaw Nation
Shannon Bears Cozzoni, Tribal Liaison and Assistant United States Attorney for the Northern District of Oklahoma
Bo Leach, SE Region Agent in Charge, Bureau of Indian Affairs, Office of Justice Services, Branch of Criminal Investigations and member of the Choctaw Nation
Stephanie Knapp, MSW, LCSW, Child/Adolescent Forensic Interviewer, Federal Bureau of Investigation’s Office for Victims Assistance, Child Victim Services Unit
Caitlin A. Hall, MD, FAAP, Clinical Director/Pediatrician, Dzilth-na-o-dith-hle Health Center, Indian Health Service
Farnoosh Faezi-Marian, Program Examiner, Office of Management and Budget
Owners of Philadelphia Cheesesteak Restaurant Indicted for Tax EvasionRead the Press Release
A federal grand jury in Philadelphia returned an indictment that was unsealed today, charging the owners of a popular cheesesteak restaurant with conspiracy to defraud the IRS, tax evasion, and aiding and assisting in filing false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney William M. McSwain for the Eastern District of Pennsylvania.
According to the indictment, Anthony Lucidonio Sr., and his son, Nicholas Lucidonio, both of New Jersey, owned and operated Tony Luke, a cheesesteak and sandwich restaurant located in South Philadelphia. From 2006 through 2016, the Lucidonios allegedly hid from the IRS more than $8 million in receipts by depositing only a portion of Tony Luke’s receipts into business bank accounts and filing with the IRS false business and personal tax returns that substantially understated their income.
The indictment further alleges that the Lucidonios committed employment tax fraud by paying employees a portion of their wages and salaries “on the books” for some hours they worked, but then paying substantial additional wages for the remaining hours worked “off the books” in cash, without withholding and paying to the IRS the required employment taxes. From 2014 through 2015, they also allegedly filed false quarterly employment tax returns with the IRS substantially understating wages paid and taxes due.
It is also alleged that after a dispute over franchising rights arose between the Lucidonios and another individual in 2015, the Lucidonios, concerned that their tax fraud scheme would be revealed, amended prior year tax returns to increase reported sales, but then falsely offset the increased income by inflating expenses.
If convicted, the defendants face a maximum sentence of five years in prison for the conspiracy charge and each count of tax evasion, and three years in prison for each false return charge. Defendants also face a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney McSwain commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant Chief John Kane of the Tax Division and Assistant U.S. Attorney Paul Gray, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
Operation Shutdown Corner Update: Beckley Man 10th Defendant Sentenced for Federal Drug CrimesRead the Press Release
BECKLEY, W.Va. – The 10th defendant was sentenced for his participation in an extensive drug trafficking organization (DTO) operating between California and the Southern District of West Virginia, announced United States Attorney Mike Stuart. Corey Moore, 47, of Beckley, was sentenced to 60 months in prison, to be followed by three years of supervised release, for conspiring to distribute methamphetamine. Moore was one of 17 defendants charged as a result of a long-term, multi-state DTO investigation known as Operation Shutdown Corner.
“It is a priority of mine to break up the drug trafficking networks that are destroying our communities,” said United States Attorney Mike Stuart. “Operation Shutdown Corner was a huge success, taking down a multi-state meth pipeline and saving countless lives.”
At his plea hearing, Moore admitted that between June 2018 and September 17, 2019, he worked with other members of a DTO operating in Raleigh County to distribute methamphetamine. During that time period, Moore allowed packages containing methamphetamine to be delivered to his residence in Beckley. He then would receive directions from other members of the DTO as to who or where the package should be delivered. Moore followed those directives. In July of 2019, law enforcement officers determined that a package was delivered to Moore’s residence in Beckley. Officers conducting surveillance on Moore’s residence discovered that Moore delivered the package to another member of the DTO. Further investigation revealed that the package contained approximately five pounds of methamphetamine.
The investigation was handled by the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service (USPIS), the Beckley/Raleigh County Drug and Violent Crimes Task Force, the Raleigh County Sheriff’s Office, the Beckley Police Department and the West Virginia State Police.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge Frank W. Volk imposed the sentence.
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. 5:19-cr-00227.
Follow us on Twitter: SDWVNews and USAttyStuart
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Omaha Man Sentenced for Conspiracy to Distribute Methamphetamine and HeroinRead the Press Release
United States Attorney Joe Kelly announced that on July 24, 2020, Dawon L. Hughes, 37, of Omaha, Nebraska, (formerly of Lincoln, Nebraska), was sentenced to 11 years and seven months (139 months) in federal prison by Chief United States District Judge John M. Gerrard. Hughes was sentenced for conspiracy to distribute and possess with the intent to distribute 50 grams or more of methamphetamine (actual), 500 grams or more of methamphetamine mixture, and an unspecified amount of heroin. Following the prison term, Hughes will serve five years on supervised release. There is no parole in the federal system.
Information provided to law enforcement indicated that Hughes was responsible for the distribution of at least 50 grams (approximately 1 ¾ ounces) of actual/pure methamphetamine, at least five kilograms (approximately 11 pounds) of methamphetamine mixture and at least 40 grams (approximately 1 ½ ounces) of heroin in the Lincoln area between March of 2015 and April of 2018.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Odessa Man Indicted on Possession of a Destructive DeviceRead the Press Release
In Midland on Wednesday, a federal grand jury indicted 44-year-old Jeffrey Allen Smerud on one count of possession of a destructive device, announced U.S. Attorney John F. Bash and Federal Bureau of Investigation (FBI) Special Agent in Charge Luis M. Quesada, El Paso Division.
According to court documents, on March 10, 2020, Odessa police officers responded to reports of a suspicious person at a Lowe’s Home Improvement Center. A Lowe’s employee observed the suspicious person (later identified as Jeffery Allen Smerud) placing an unknown object under a pallet of mulch and then leaving the area. Shortly thereafter, the employee observed an explosion coming from the pallet.
Using the vehicle description and surveillance footage, law enforcement officers determined the suspect to be Jeffrey Allen Smerud. On March 13, Smerud was arrested. Smerud admitted to law enforcement officers to planting the explosive device at Lowe’s. Smerud also admitted he manufactured the explosive device.
Smerud is scheduled for an arraignment before U.S. Magistrate Ronald C. Griffen later this month. If convicted, Smerud faces up to ten years imprisonment and up to a $250,000 fine. Smerud has remained in federal custody since his arrest on March 13.
The Federal Bureau of Investigation, along with assistance from the Odessa Police Department, is investigating this case. Assistant U.S. Attorney Shane Chriesman is prosecuting this case on behalf of the government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
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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.
Norton Doctor Sentenced for Illegally Prescribing, Health Care FraudRead the Press Release
ABINGDON, VIRGINIA – United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced today that Dr. Raymond Michael Moore, who had a medical practice in Norton, Va., was sentenced today to 108 months in federal prison for a litany of federal crimes, including illegally prescribing more than 25,000 oxycodone pills, 17,000 hydrocodone pills, and 10,000 benzodiazepine pills without a legitimate medical purpose.
Moore, 62, of Wise, Va. pleaded guilty in December 2019 to fourteen federal charges, including illegally prescribing pain pills, obtaining drugs by fraud, health care fraud, making a false statement to law enforcement; and failing to maintain required records.
According to evidence presented at the sentencing hearing and in court records, Moore issued prescriptions for opioids and benzodiazepines without a legitimate medical purpose and beyond the bounds of medical practice, totaling more than 50,000 dose units of those illegally prescribed controlled substances.
During the execution of a search warrant at his medical practice, law enforcement discovered filled prescriptions for controlled substances that Moore had written to patients. When questioned about the controlled substances, Moore initially told law enforcement that patients surrendered the prescriptions to him for destruction. After additional controlled substances issued in patients’ names were recovered from his home, Moore later admitted that he took the prescriptions back from patients for his personal use. Moore failed to maintain required records concerning the controlled substances found in his home and residence.
Pursuant to his plea agreement, Moore paid more than $50,000 in restitution to Virginia Medicaid and forfeited more than $100,000. In addition, Moore agreed to never again be a medical provider. He permanently surrendered his medical license in October 2019.
“When the defendant chose greed and his own desire for controlled substances over caring for his patients’ needs he violated the public trust and fueled the cycle of addiction and despair,” First Assistant United States Attorney Daniel P. Bubar stated today. “Our office has no higher priority than investigating and prosecuting drug-dealing doctors and other corrupt health-care workers who violate the law and put our communities at risk.”
“Doctors who write prescriptions for dangerous controlled substances without due regard for patient health and safety directly contribute to the opioid epidemic in the Commonwealth,” said Attorney General Herring. “My office will aggressively prosecute those who violate their oaths to ‘first do no harm’ and endanger our communities by flooding them with these addictive substances.”
Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, prosecuted the case for the United States. The case was investigated by the Drug Enforcement Administration’s Tactical Diversion Squad, Virginia Medicaid Fraud Control Unit, Virginia State Police, Southwest Virginia Drug Task Force, Buena Vista Police Department, and Martinsville Police Department. Assistance with the search warrants was provided by the Norton Police Department, Big Stone Gap Police Department, Wise County Sheriff’s Office, the Office of the Wise County Commonwealth’s Attorney, Bristol Police Department, Wise Police Department, and the United States Department of Justice’s Appalachian Regional Prescription Opioid (ARPO) Strike Force.
North Branford Woman Pleads Guilty to Fraud and Tax Offenses Stemming from Embezzlement SchemesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MELISSA MEOLE, 35, of North Branford, waived her right to be indicted and pleaded guilty today before U.S. District Judge Victor A. Bolden to fraud and tax offenses stemming from embezzlement schemes.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding occurred via videoconference.
According to court documents and statements made in court, Meole was employed by Bridgeport Health Care Center Inc. (“BHCC-INC”), a corporation that operates a nursing and rehabilitation facility in Bridgeport known as Bridgeport Health Care Center (“BHCC”). Prior to November 2018, BHCC-INC also operated a second nursing and rehabilitation facility in Bridgeport known as Bridgeport Manor. Meole worked in BHCC-INC’s business office and was responsible for processing payroll and for handling the finances of the Bridgeport Manor resident trust account. From 2015 to October 2018, Meole stole more than $415,000 by writing checks to cash out of the facilities’ resident trust accounts, which held the personal funds of residents. She then deposited the cash into her bank account. She also stole more than $29,000 by writing false payroll checks to current and former BHCC employees and then depositing those checks into her bank account by forging the employees’ signatures.
After Meole’s employment with BHCC-INC was terminated in October 2018, Meole defrauded another employer of more than $9,000 by stealing and fraudulently depositing into her own account certain checks that were returned to the company, often for incorrect addresses. She also defrauded three banks in a check kiting scheme.
For the 2015 through 2018 tax years, Meole failed to report $487,523 income, most of which was fraudulently obtained, to the Internal Revenue Service, resulting in a tax loss of $103,217.
Meole pleaded guilty to one count of wire fraud, which carries a maximum term of imprisonment of 20 years, and one count of filing a false tax returns, which carries a maximum term of imprisonment of three years. Meole also has agreed to pay restitution of $456,594.56 to victims of her schemes, and $103,217, plus interest and penalties, to the IRS. A sentencing date has not been scheduled.
Meole was arrested on a criminal complaint on September 17, 2019. She is released on a $200,000 bond pending sentencing.
This matter is being investigated by the U.S. Department of Labor – Office of Inspector General, U.S. Department of Labor – Employee Benefits Security Administration, Boston Regional Office, Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorneys David E. Novick and Neeraj N. Patel.
Newark Man Charged with Attempted Carjacking in Jersey City During Which Victim was ShotRead the Press Release
NEWARK, N.J. – A Newark man made his initial appearance today on charges stemming from a July 9, 2020, attempted carjacking in Jersey City during which a victim was shot in the abdomen, U.S. Attorney Craig Carpenito announced.
Tevin Browning, 29, of Newark, is charged by complaint with one count of conspiracy to commit carjacking, one count of attempted carjacking, one count of discharge of a firearm during a crime of violence, and one count of possession of a firearm and ammunition by a convicted felon. He is appeared by video conference this afternoon before U.S. Magistrate Judge James B. Clark III and was detained.
According to documents filed in this case and statements made in court:
At approximately 5:00 p.m. on July 9, 2020, a carjacking occurred in the area of Tonnelle and Broadway avenues in Jersey City, which was recorded on several video cameras in the area. Browning and an armed conspirator attempted to forcibly enter an Acura MDX which had pulled over to the side of Tonnelle Avenue to pick up a passenger. As the passenger entered the Acura, Browning and his conspirator forcibly attempted to enter the vehicle. Browning attempted to enter the rear right passenger side of the Acura, and punched the passenger in the head. At that point, the driver quickly attempted to drive away from the area. As the driver drove away, the gunman attempted to enter the front passenger side of the Acura and held onto the Acura. After a short distance, the gunman shot the driver in the abdomen, and then fell off the Acura as its driver was able to escape.
Moments later, a Dodge Challenger arrived at the scene and picked up the gunman before fleeing the area. Police officers found a spent .45 caliber shell casing stamped “Blazer .45 Auto” in the area where the gunman had fallen to the ground.
At approximately 8:00 p.m., Jersey City Police officers observed the Challenger parked and unoccupied on a residential street in Jersey City. The officers then observed Browning place an unknown item in the trunk of the car before walking into a nearby residence. Moments later, the officers observed Browning re-enter the trunk of Challenger before he was taken into custody. A lawful search warrant of the Challenger produced a .45 caliber Hi-Point Model JHP semiautomatic handgun, bearing serial number 406099, which was loaded with four rounds of ammunition. Two of the rounds were stamped “Blazer .45 Auto” on the shell casing.
The counts of conspiracy to commit carjacking and attempted carjacking carry a maximum potential sentence of 25 years in prison. The count of discharge of a firearm during a crime of violence is punishable by a mandatory minimum of 10 years in prison and a maximum sentence of life in prison, which must run consecutively to any term of imprisonment imposed on any other charges. On the count of possession of a firearm and ammunition by a convicted felon, Browning faces a maximum of 10 years in prison.
U.S. Attorney Carpenito credited the Jersey City Police Department, under the direction of Public Safety Director James Shea; the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez; and special agents of the FBI, under the direction of Acting Special Agent in Charge Joe Denahan in Newark, with the investigation leading to the charges and arrest.
This investigation was conducted as part of the Jersey City Violent Crime Initiative (VCI). The VCI was formed in 2018 by the U.S. Attorney’s Office for the District of New Jersey, the Hudson County Prosecutor’s Office, and the Jersey City Police Department, for the sole purpose of combatting violent crime in and around Jersey City. As part of this partnership, federal, state, county, and city agencies collaborate to strategize and prioritize the prosecution of violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the Drug Enforcement Administration’s (DEA) New Jersey Division, the U.S. Marshals, the Jersey City Police Department, the Hudson County Prosecutor’s Office, the Hudson County Sheriff’s Office, New Jersey State Parole, the Hudson County Jail, and the New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center.
The government is represented by Assistant U.S. Attorney Jonathan W. Romankow of the Violent Crimes Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
New Orleans Man Federally Charged for Armed Bank RobberyRead the Press Release
NEW ORLEANS, LOUISIANA - U.S. Attorney Peter Strasser announced that a federal grand jury on July 24 returned an indictment against defendant JIMMIE POWELL age 27, of New Orleans, for armed bank robbery, in violation of Title 18, United States Code, Sections 2113(a) and 2113(d).
The indictment alleges that on June 25, 2020, JIMMIE POWELL, entered the Chase Bank at 1425 North Broad Street, New Orleans, Louisiana, brandished a firearm at an ATM teller, and took over $52,000 in cash.
If convicted, POWELL faces a maximum term of imprisonment of twenty-five (25) years, a $250,000 fine, up to three (3) years of supervised release following any term of imprisonment, and a mandatory $100 special assessment.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation and the New Orleans Police Department in investigating this matter. Assistant U.S. Attorney Melissa Bücher, is in charge of the prosecution.
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NDTX Round-Up: July 13-19Read the Press Release
GUILTY PLEA – AMBER RENEE PRICE
On July 14, Amber Renee Price, 33, pled guilty to possession of stolen mail. While an employee of the United States Postal Service (USPS), Price admitted to have in her possession a gift card which had been stolen from a mailbox. Price admitted to stealing serval gift cards and cash during her employment with the USPS. She faces up to five years in federal prison for the crimes. The United States Postal Service – Office of Inspector General conducted the investigation. Assistant U.S. Attorney Jennifer Bray is prosecuting the case.
SENTENCING – MIKAI WILLIAMS
On July 16, Mikai Williams, 34, was sentenced to 41 months in federal prison for theft of a firearm from a licensed dealer. Williams entered Shoot Smart in Grand Prairie, Texas, a federally licensed firearms dealer, to practice shooting on the indoor firing range. While a store clerk was attending to other customers, Williams pocketed a 9mm handgun before exiting the store without purchasing the firearm. The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Matthew Weybrecht is prosecuting the case.
SENTENCING – JEREMY ALLAN ISBELL
On July 17, Jeremy Allan Isbell, 39, was sentenced to 63 months in federal prison for possession of a visual depiction of a minor engaged in sexually explicit conduct. While at his home in Jacksboro, Texas, Isbell used his cell phone to communicate with another user via Kik, a messaging app popular among teenagers, to obtain child pornography. Isbell admitted to authorities that the images stored on his Samsung cell phone were of a minor female performing sex acts. The Federal Bureau of Investigation, Jacksboro Police Department, and Wise County District Attorney conducted the investigation. Assistant U.S. Attorney A. Saleem is prosecuting the case.